SENATE—Tuesday, September 16, 2008

19098 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 September 16, 2008 SENATE—Tuesday, September 16, 2008

The Senate met at 10 a.m. and was THE ECONOMY a gallon of gasoline. It is not strong for called to order by the Honorable JON Mr. REID. Mr. President, on the the cities and towns that have been TESTER, a Senator from the State of morning of October 30, 1929, President forced to cut back on police, schools, Montana. Herbert Hoover awoke the day after and firefighters because their tax base the biggest one-day stock market crash is shrinking. Certainly it is not strong PRAYER in American history, surveyed the for the millions of families who have or The Chaplain, Dr. Barry C. Black, of- state of the U.S. economy and declared: may soon lose their homes, or the tens fered the following prayer: The fundamental business of the country, of millions who are seeing their home Let us pray. that is production and distribution of com- equity plummet. Almighty God, who inhabits eternity, modities, is on a sound and prosperous basis. No matter what George Bush, JOHN whose throne is in Heaven, whose foot- In the coming weeks and months MCCAIN, or the ghost of Herbert Hoover stool is Earth, You are worthy to re- after that, President Hoover remained may think, this economy is not strong, ceive our gratitude, worship, and in an economic bubble, unaware of the and the American people deserve bet- praise. We thank You for Your gracious extreme suffering of ordinary Ameri- ter. mercy and forgiveness when we fail and cans—even declaring that anyone who This is not a time for panic, but it is sin. We praise You for Your grace, questioned the state of the economy a time to look back on the past 8 years which is lavished upon us despite our was a ‘‘fool.’’ of the Bush-Hoover-McCain economics indifference, our pride, and our selfish- For Herbert Hoover, I guess igno- and figure out what brought us to this ness. Lord, we worship You, we adore rance was bliss. It wasn’t until the point so we don’t repeat the same mis- You, we glorify You. We humble our- American people replaced this out-of- takes. selves before You. Let Your presence be touch Republican President with a The tragic truth is this disaster was felt today on Capitol Hill. Inspire our Democrat, Franklin Delano Roosevelt, avoidable. In its palpable disdain for lawmakers to be examples in their that our Nation’s economic recovery all things relating to government, the words, faith, and purity. May this be a began. Yesterday, nearly 80 years after Bush-Cheney administration willfully day in which Your love is expressed in the Hoover administration took Amer- neglected the Government’s most im- their attitudes and actions. You are ica with blissful ignorance into a de- portant function, which is to safeguard worthy, Lord God of the universe, pression, the Dow Jones industrial av- the American people from harm—not world without end. Amen. erage dropped 504 points—the biggest only physical harm but economic one-day decline since trading opened harm. f after the attacks of 9/11. In their simplistic philosophy of ‘‘big With one major investment bank business equals good, government PLEDGE OF ALLEGIANCE headed for bankruptcy, and another equals bad,’’ the administration and The Honorable JON TESTER led the sold at a bargain-basement price, and the Republican Congress failed to con- Pledge of Allegiance, as follows: one of the world’s largest insurance duct oversight, and let the financial I pledge allegiance to the Flag of the companies teetering, investors rushed sector go wild. United States of America, and to the Repub- to sell their shares, and not only in Without anyone regulating their ac- lic for which it stands, one nation under God, America but all over the world. tions, market excess destroyed the fi- indivisible, with liberty and justice for all. With our financial markets reeling, nancial prudence that allowed a firm f the American people are wondering such as Lehman Brothers to prosper for whether they will lose their jobs, 158 years. APPOINTMENT OF ACTING whether they will be able to pay their Vast fortunes were made virtually PRESIDENT PRO TEMPORE child’s next tuition bill, and whether overnight, and now vast fortunes have The PRESIDING OFFICER. The their pension and retirement savings been literally lost overnight. Yester- clerk will please read a communication will be safe, or even whether their bank day, we heard that Hewlett-Packard to the Senate from the President pro will survive. laid off 25,000 people. There is some tempore (Mr. BYRD). There is no reason to think we are talk that Lehman Brothers—somebody The legislative clerk read the fol- headed into an economic depression. I may buy them, so instead of losing lowing letter: believe there is no reason to panic. Yet 25,000 jobs, they will only lose 15,000 one Senator—JOHN MCCAIN—woke up U.S. SENATE, jobs. I hope that is the case for those PRESIDENT PRO TEMPORE, yesterday morning, surveyed the state 10,000. Washington, DC, September 16, 2008. of the U.S. economy, summoned the The unfortunate irony is that the To the Senate: ghost of his fellow Republican Herbert Bush administration’s zeal to favor big Under the provisions of rule I, section 3, of Hoover, and declared: business has crippled it and left the the Standing Rules of the Senate, I hereby The fundamentals of our economy are American people to pay the price. appoint the Honorable JON TESTER, a Sen- strong. President Bush did nothing to stop this ator from the State of Nevada, to perform For whom are the fundamentals of disaster, and now he will leave the the duties of the Chair. our economy strong? Certainly not the ROBERT C. BYRD, mess to the next President. President pro tempore. 606,000 American people who have lost Now our Nation must decide who is their jobs this year. Certainly it is not Mr. TESTER thereupon assumed the better suited to end the Bush-Hoover strong for the commuters and truckers chair as Acting President pro tempore. economics and return sanity and secu- who are sending more and more of rity to our economy. f their hard-earned dollars overseas to Senator MCCAIN says the economy is pay for fuel. Certainly our economy is not his strong suit. That is an under- RECOGNITION OF THE MAJORITY not strong for those struggling to statement. That is what he said about LEADER make one paycheck last until the next, himself. So JOHN MCCAIN went search- The ACTING PRESIDENT pro tem- with record home heating prices looming for an economic adviser who could pore. The majority leader is recog- ing in the coming winter months, and bolster his weakness. Who did he nized. the price of oil teetering around $4 for choose? Phil Gramm. I served with Phil

● This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

VerDate Mar 15 2010 15:17 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\BR08\S16SE8.000 S16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 19099 Gramm in the Senate—the same Phil In November, we can elect a Presi- licans and will ask for consent prior to Gramm who was responsible for de- dent who will break from the past and the caucus recess. If we are unable to regulation in the financial services in- invest in the future, a person of reach agreement, at 3 p.m. the Senate dustry that paved the way for much of change. But until then, the Senate will proceed to a cloture vote on the this crisis to occur. I like Phil Gramm, should pass our tax extenders. We need bill, with the final 30 minutes equally but I don’t like his economics. to do that. If we want to jump-start the divided and controlled by the two lead- A respected economist at the Univer- economy, let’s pass the tax extenders ers, with the majority leader control- sity of Texas, James K. Galver, said for renewable energy. In the State of ling the final 15 minutes. Senators that Gramm was: ‘‘the most aggressive Montana, the State of the Presiding Of- have until 12 noon to file second-degree advocate of every predatory and rapa- ficer, renewable energy is a job creator. amendments to the Defense bill. cious element that the financial sector On August 18 and 19, I had an energy I will finally say that under the reg- has’’ and that ‘‘he’s sorcerer’s appren- summit in Las Vegas. We had Demo- ular procedure, we would have a clo- tice of instability and disaster in the crats, Republicans, academics, and peo- ture vote an hour after we come into financial system.’’ ple from the industry. I talked to the session. But I had a conversation with It was Phil Gramm who pushed legis- Governor from Colorado and asked him the Republican leader last evening, and lation through a Republican Senate how his State is doing. He said they are we felt it would be best to wait until that allowed firms such as Enron to not being hit as hard as others because after our caucus so people understood avoid regulation and destroy the life they are creating thousands of jobs how important this Defense authoriza- savings of its employees, and it was with renewable energy projects. That is tion bill is and how Senator WARNER Phil Gramm’s legislation that now has what the future holds for us. We need and Senator LEVIN have tried hard to Wall Street traders to bid up the price to pass the energy tax extenders. I work through all these amendments. of oil, leaving us to pay the bill. hope we can work something out with Hopefully, we can get cloture invoked Warren Buffett called the results of the Republicans to pass other tax ex- and work on the amendments that are Gramm’s legislation ‘‘financial weap- tenders for more than 1 year. We have available postcloture and finish this ons of mass destruction.’’ That is what to get away from the 1-year deal. Let’s bill, say, 9:30 tomorrow morning, some- Warren Buffet said. And now the architect and leading do them for 2 years so that people in thing like that. I hope that can be the cheerleader for every mistake and ne- the private sector can look at Congress case. glect that created the Bush-Cheney fi- as a friend. I hope we can do that. f nancial nightmare is whispering into I also think we have to take a look at a stimulus package that funds infra- RESERVATION OF LEADER TIME the ear of JOHN MCCAIN, who says he The ACTING PRESIDENT pro tem- doesn’t know much about the economy. structure projects, creates jobs, pre- I repeat, that is an understatement. vents cuts in desperately needed State pore. Under the previous order, the Whether you call it Hoover econom- services, invests in renewable energy, leadership time is reserved. ics, Bush economics, or McCain eco- expanded unemployment benefits for f victims of this administration’s econ- nomics, it is not a recipe for change; it MORNING BUSINESS is a recipe for more of the same. omy, and helps working people and sen- For all of the college students wor- ior citizens afford the costs of energy. The ACTING PRESIDENT pro tem- ried about finding a job, the working I think the House of Representatives pore. Under the previous order, there families who don’t know how they will will pass the stimulus bill in the com- will now be a period for the transaction pay their bills—talking about families ing days. I hope that today they pass of morning business for 60 minutes, and jobs, a man is coming to visit me the Energy bill. As I indicated to the with Senators permitted to speak from Las Vegas. He has two sons who distinguished Republican leader, we are therein for up to 10 minutes each, with are so brilliant. One of them, a few going to finish this Defense authoriza- the time equally divided and controlled years ago, was the only person in Ne- tion as soon as we can. I hope to get by the two leaders or their designees, vada to be admitted to Harvard. He had cloture on it this afternoon. with the first half of the time under a perfect score in his SAT. He can’t I hope the unanimous-consent re- the control of the Republican leader or find a job. He is a graduate, with hon- quest Senator LEVIN will offer around his designee and the second half of the ors, from one of our elite ivy league 11 o’clock—whenever we finish morning time under the control of the majority schools and he cannot find a job. His business—will be accepted. When we leader or his designee. dad is coming to talk to me to see if I finish that, I think there is an agree- The Senator from Missouri. can help him. His other boy is still in ment between the Republican leader f and me that we are going to go to the college and, of course, worried, as I ENERGY have indicated, about finding a job. tax extenders, renewable first. We have Working families don’t know how they to have a vote on AMT. We are going to Mr. BOND. Mr. President, we have will pay their bills, and the fixed-in- vote on the other tax extenders. That heard a very powerful Presidential come seniors are trying to figure out will be helpful. It sets a great pattern campaign speech by my good friend the how to pay for medicine. We have to do for what we need to do here. I hope the majority leader. He asked what has better. House follows suit and takes care of brought us to this point. What has We cannot afford another Republican that business. brought us to the point that farmers President who will follow his party’s We are going to now have a period for are suffering, families are suffering, ghosts down the path of recession, de- morning business, with Senators al- truckdrivers are suffering—all of us are pression, and more suffering. We des- lowed to speak for up to 10 minutes suffering from the high prices of en- perately need a President who under- each, as soon as the Republican leader ergy. stands that working people, not indus- finishes his statement, if he has one. It should be no secret to anybody try titans, are the backbone of our The Republicans will control the first who knows what is going on around country and economy. 30 minutes, and the majority will con- here that for the last 20 years, my col- We need a President who will cut trol the second 30 minutes. leagues on the other side of the aisle taxes for working people and senior Following morning business, the Sen- have instituted a policy of ‘‘don’t drill, citizens, end the windfall profits of oil ate will resume consideration of S. don’t refine, don’t develop nuclear companies, and put that money back 3001, the national defense authorization power.’’ Our gas and oil prices have into the pockets of those who are pay- bill. The managers are working gone through the roof because we have ing record prices at the pump, and put through filed amendments to the bill. artificially constrained the amount of millions of Americans back to work by Senators should be on notice that the energy we can produce. investing in jobs on Main Street, not chairman has shared a proposed unani- What we are asking for and the Wall Street. mous consent agreement with Repub- American people are asking for every

VerDate Mar 15 2010 15:17 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\BR08\S16SE8.000 S16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19100 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 September 16, 2008 time I go home is some common sense. And Missouri truckers are suffering back together. But we are also putting Impose our good, strong environmental from high diesel costs. Missouri airline the Nation’s oil infrastructure back to- regulations. We have the strongest en- workers are losing their jobs because of gether. vironmental regulations of any nation high jet fuel costs. So why would any- Hurricane Alley, as the western Gulf on the Earth on producing oil and gas. one think that just a little price relief of Mexico is often known, is also the We can pay high sums of ransom to for- is OK? Why would anyone think we just port of entry for 64 percent of our im- eign powers, such as Hugo Chavez in have to lower gas prices a little bit? ported oil and most of our refineries. Venezuela or Vladimir Putin in Russia Our families don’t just deserve a little Rolling right down Hurricane Alley, or Ahmadinejad in Iran, and get oil and relief; our families deserve as much gas Hurricane Ike has shut down 63 percent gas that has not been produced with price relief as we can give them. Our of our oil rigs, idled 73 percent of our the same environmental protections we truckers don’t deserve just a little re- gas output, closed 8 refineries, and have. lief; they deserve as much diesel relief stopped 96 percent of gulf oil output. Today, the price of oil is only $92 per as we can give them. Our farmers don’t Mother Nature can only tell us we barrel. A gallon of gas on Friday, be- deserve just a little relief; our farmers asked for it by concentrating so much fore Hurricane Ike, averaged only $3.65. deserve as much fuel price relief as we oil production in the western gulf, by It has come down some now with the can give them. That is why we should concentrating so much oil refining in unwinding of the Lehman investments not open just a little bit of offshore oil the western gulf, by forcing so much in long-term energy futures. But the production. We should open as much oil importation through the western problem is still there. We have not new offshore oil production as we can, gulf. solved the problem. We have taken have it produced in an environmentally We have only ourselves to blame some steps that I believe will give the responsible manner to drive oil and gas when we keep other parts of our ocean market some encouragement. But if prices as far down as we possibly can to closed to production. We only have our- you think oil at only $92 per barrel is provide as much relief to families and selves to blame when we keep the other good enough, if you think gas falling to workers as we can. parts of our shores closed to refining. $3.65 a gallon is good enough, then you The proposal we will consider from We have only ourselves to blame when must be one of these people who sup- the Gang of 10 will not open as much prices spike 17 cents in a weekend, as port the Pelosi plan, the Gang of 10 new offshore oil as we can, so it will they did over this weekend. We have proposal. You must be one of those peo- not drive down oil and gas prices as only ourselves to blame if we continue ple who think we can get away with much as we can. It plans to open a the Democratic policies of ‘‘don’t drill, giving just a little bit of opening of our handful of sites in southeast Florida to don’t refine, don’t use nuclear re- tremendous oil reserves and gas re- offshore production, but it leaves sources.’’ And if we vote for proposals serves. closed to the American people east that still keep most all of our shores What I can tell you is that the price coast and Northeast States. It leaves off limits, we will have only ourselves of oil falling only a little bit is not the entire Pacific coast of America to blame for not providing American good enough for the families of Mis- closed. Seventy percent of America’s families, workers, and small businesses souri, the farmers, the small businesses offshore areas, off lower 48 States, the relief they need. We will have only in Missouri, the truckers, all of the would still be closed to the American ourselves to blame if we do not provide people who have been hit hard by the people and the energy they need under American families the relief they de- high price of gas. The price for a gallon the Gang of 10 plan. Eighty-five per- serve. of gasoline falling only a little bit is cent of offshore areas are currently off I urge our colleagues to consider not good enough for my workers and limits. So how is opening only 15 per- American families when we vote to families in Missouri or the workers and cent more in offshore production going give them as much energy, gas, oil re- families in the United States. That is to provide relief to the American peo- lief as we can—not just a little bit why opening a little bit of new oil pro- ple? more relief but a lot more relief, find- duction is not good enough for our On the other side, the Speaker’s plan ing not just a little bit of oil produc- farmers and workers. Missouri’s fami- does not provide relief to the American tion but as much new oil production as lies and farmers, workers and small people either. It opens certain areas of we can. Our American workers, Amer- businesses, like the entire Nation, de- the east and west coasts of America ican farmers, American small busi- serve as much relief as we can respon- but does so only outside the 50 miles nesses—all of us in our American econ- sibly give them from the high gas from shore. omy deserve no less. We must produce prices, and we need to do it now. There is a funny little statistic that what we have, and we must do it now. The suffering of our families in to- maybe people would be interested in, Mr. President, I yield the floor. day’s tough times is certainly not over and that is that most of the oil off the The ACTING PRESIDENT pro tem- yet. The mortgage crisis brought on by Pacific west coast is less than 25 miles pore. The Senator from Colorado. speculation in the housing finance off the shore. More of it is within 50 Mr. ALLARD. Mr. President, I thank market is still ravaging our neighbor- miles off the shore. So no more than 3 the Senator from Missouri for his com- hoods. High food prices are still rav- to 5 percent of the oil off California and ments this morning. I, too, wish to aging household budgets. High health the west coast would be opened. It make some comments about our en- care budgets are ravaging lifetime sav- leaves closed to the American people ergy problems we are having in this ings. High education costs are still the eastern half of the Gulf of Mexico country. crimping our retirement funds. Mis- where almost of all the new oil in the Before the August recess, I and many souri farmers are still struggling with east coast lies. of my Republican colleagues came to the high fuel costs they pay to run So the Pelosi plan may well be de- the floor of this great body to make their farm equipment. Dairy producers scribed as opening everywhere that oil the case for a sound national energy are struggling with the surcharges is not and leaving closed and off limits policy that would make a difference to they pay to ship their milk to markets. to the needs of the American people ev- the millions of Americans struggling Our food processors in Missouri and erywhere the oil is. The plan will do al- with high energy prices. across the Nation are struggling with most nothing to bring the American We just heard the majority leader high transportation costs to obtain people gas price relief. mention energy as a critical problem their raw goods. Grocers in Missouri Let me talk about the Gulf of Mex- in America. But, unfortunately, in- and across the Nation are still strug- ico. We wish everyone—Texas, Lou- stead of dealing with this issue, it was gling with high shipping costs. That is isiana, across that part of the coun- set aside by the majority party in favor the high cost of the price of food—the try—Godspeed in their recovery. We of a recess, and like the recess enjoyed off-farm fuel costs that go to transpor- prayed for you during the storm. We by millions of American schoolkids, tation, driving, and other procedures. now pray for you as you put your lives this recess was an opportunity for the

VerDate Mar 15 2010 15:17 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\BR08\S16SE8.000 S16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 19101 majority party to run away from the cratic friends to allow the moratorium cient technologies provide clean, inex- hard work waiting for them on their to lapse. With the high cost of fuel, we haustible energy for millions of con- desks on energy. must allow American companies to sumers. When or if we move to the energy de- seek out new sources of energy off our But renewable energy alone is not bate again, I am hopeful we will be able coastal regions. enough. We still need additional to accomplish something. This is espe- In conjunction with offshore explo- sources of domestic energy. Mr. Presi- cially important because this will like- ration, we must open vital areas of dent, I disagree with my own Governor ly be the last opportunity for many Alaska and the West. Recently, in my from the State of Colorado and the months to offer relief to millions of home State of Colorado, the Roan Pla- points he was making at the majority Americans struggling with high fuel teau was finally opened to the bidding leader’s energy conference in Nevada, prices. It is relief to commuters, school process, and I am pleased the Bureau of where he stated that renewable energy carpoolers, it is relief for farmers, it is Land Management was able to move was the main reason we were having relief for small businesses, grocery forward with the Roan Plateau lease many job opportunities and why our shoppers, and all across the spectrum sale. This sale was important for the economy was doing well in Colorado. of American life where higher prices people of Colorado because it will gen- There is no doubt that the renewable mean budget problems. erate millions of dollars of revenue for energy effort in Colorado has created The price of oil has dropped from its our State. But more importantly, Mr. more jobs. It has created some diver- summer high, and that is good, but the President, the Roan Plateau develop- sity in our economy, and that is good. fundamental truth remains: America ment is one of the most environ- But it is the oil and gas industry that does not control its energy sources. mentally conscious plans ever created, has provided the revenues for the State Americans rely on overseas energy, and representing almost a decade of col- of Colorado and will continue to do it we pay billions and billions for it. We laboration between local, State, and for some time. If we push too hard and see those dollars go to countries that Federal officials. Also, more impor- too quickly to go to renewable energies sponsor terrorism, which creates addi- tantly, is what the Roan Plateau lease before that industry has matured, we tional problems for the security of this sale means for people around the Na- will create additional economic prob- country. tion. The development of the oil and lems not only for the State of Colorado Our precarious position comes to ev- gas resources on the Roan Plateau will but for this country. eryone’s realization when we deal with help secure the midrange future energy It is fascinating when one looks at an interruption in energy. My es- needs of our Nation. the retirement portfolio for the em- teemed colleague from Missouri just The development of the Roan Plateau ployees of the State of Colorado. A finished talking about the impact of will be conducted in a staged approach large percentage of that revenue and Hurricane Ike and how it has had an ef- in order to minimize wildlife habitat that portfolio is coming from oil and fect, and that is when Americans real- fragmentation, disturbances, and to en- gas companies. It is helping provide for ize how precarious our energy supplies courage innovation in reclaiming many the future retirement of employees are in this country. of our disturbed areas. The Roan Pla- who have worked for the State of Colo- For weeks now, dating back to before teau is an example of how we can rado. So although renewable energy is the August recess, Republicans have strike a balance between energy devel- beginning to play a larger and more been pushing and prodding the Demo- opment and environmental protections. important role in the State of Colo- crats in an effort to address this grow- While additional production of tradi- rado, it is not ready to replace the ing crisis. I suspect that during the Au- tional oil sources is vital, we in Con- huge amount of revenue oil and gas is gust recess Democrats got an earful gress must continue to provide incen- producing for my State. from their constituents on energy. The tives for implementation of renewable One of the most promising sources of citizens of this country told them to energy and for the infrastructure nec- domestic energy in the Nation is found release areas off the coast for domestic essary to support them. Our fossil fuels in my State of Colorado, and that is oil exploration. They told them to open have become a bridge to better tech- shale. This shale could easily yield 800 sections of ANWR to tap millions of nology and much of what lies in the billion barrels of oil, which is more barrels of our own vital oil and natural area of renewable energy. This is a nec- than the entire proven reserves of gas supplies. I heard those same con- essary step in balancing our domestic Saudi Arabia. Now, the estimates on cerns raised when I was back in my energy portfolio, increasing our Na- the oil shale in Colorado and Utah and State during the summer. tion’s energy security, and advancing Wyoming are estimated up to 2 trillion, Mr. President, the American people our economic prosperity. but 800 billion seems as though it is the have spoken, and it is high time the The American people deserve an en- minimum amount that most people be- Democratic Congress started to listen. ergy policy that calls for funding more lieve we can bring to the surface with We must open the Outer Continental domestic energy sources, including oil, the new technologies we have in oil Shelf for exploration. Unfortunately, natural gas, clean coal, nuclear, as well shale, which, by the way, is environ- Congress has enacted appropriations as renewable resources and new energy mentally favorable. riders prohibiting the Department of efficiency technologies while not for- Unfortunately, we can’t even begin the Interior from conducting activities getting the conservation aspect of our to move toward assessing this unparal- related to production of oil and natural energy problem and doing everything leled resource because Democratic ob- gas on much of the Outer Continental we possibly can to conserve our pre- structionism has effectively put this Shelf every year since 1982. The current cious energy supplies. By investing in resource out of reach. Any Member of congressional moratorium under which renewable energy research and develop- Congress who refuses to consider com- we are operating places nearly 86 per- ment today, we will actually be saving prehensive solutions that include recent of America’s Outer Continental money in future energy costs. ducing energy consumption while in- Shelf lands off-limits for exploration. Energy runs the world in which we creasing domestic supplies is ignoring No other country does that. Fortu- live, so without affordable, accessible the needs of this country. nately, the current moratorium is set sources of energy we open ourselves to I am very hopeful that within the to expire at the end of this current fis- dangers we simply should not allow to next few weeks we will be able to find cal year; that is, September 30 of this happen. I believe renewable energy and a commonsense approach to our energy year. In July, President Bush lifted the energy-efficient technologies help off- crisis that addresses the basic eco- executive moratorium leaving only the set fuel imports, create numerous em- nomic law of supply and demand. It is congressional appropriations Outer ployment opportunities, develop our simple: If we increase our supply while Continental Shelf moratorium stand- domestic economy, and enhance and reducing demand, energy prices will go ing in the way of increased U.S. energy create export opportunities. In addi- down. We shouldn’t forget that we live production. I encourage our Demo- tion, renewable energy and energy-effi- in a supply-and-demand economy.

VerDate Mar 15 2010 15:17 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\BR08\S16SE8.000 S16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19102 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 September 16, 2008 So, Mr. President, I urge the major- Well, you know, I actually haven’t spoken I come to the floor asking my col- ity leader, and I urge the majority to him about this, but I imagine what he leagues: when are we going to learn the party to quickly get us on the issue of meant, as I have heard him describe it before lessons of the past? energy and onto reasonable common- in both public and private, was that Wall When are we going to realize that the Street let themselves get carried away and sense solutions to move us forward. that they did not understand the risks these 1929 stock market crash has the same This country is dependent on our doing newfangled financial instruments would pose root cause as the recent housing bub- the right thing on energy because it is to the markets. ble? such an essential part of our economy. And while it is Wall Street that has Both were financed by dangerously It builds into all levels of manufac- gotten drunk, it is the American public high leveraged borrowing. And after turing, it builds into each individual paying for the hangover. the crash many banks failed—causing a American’s life, and it is a driving fac- Today, we are struggling to contain ripple effect that devastated our Na- tor when we talk about the inflation one of the most severe credit crises tion’s economy. that is happening right now in our since the Great Depression, and Amer- After the 1929 crash, Congress economy. ican families are going to pay dearly stepped up and changed the banking So, Mr. President, let’s move for- for that lack of oversight and regu- laws to eliminate some of the abuses ward. Let’s do something about the en- latory indifference to what have been that had paved the way for economic ergy crisis we have in this country, and critical markets for us to oversee. I disaster. let’s not let the current election year give credit to Secretary Paulson for his My question is—we acted after the environment in this country disrupt swift action over the last couple of crisis and Congress did step up and do our effort to try to do what is best in weeks to contain the economic fallout something. What I want to know is making sure we have a safe and secure from a reeling Wall Street. whether we have learned our lesson. country and a secure economy. During the past decade, the agencies Are we going to legislate consumer Mr. President, I yield the floor, and I charged with financial oversight have protections in advance, or only after a ask unanimous consent that the returned their eye from what has been bubble bursts? mainder of the Republican time be re- one of the worst excesses our country The savings and loan crisis of the served. has seen. My question for my col- 1980s and 1990s when 747 savings and The ACTING PRESIDENT pro tem- leagues today is, when are we going to loan associations went under provides pore. Without objection, it is so or- learn the lessons of history and make a similar lesson. dered. sure Congress does its job in the over- Like before, much of this mess can be The Senator from Washington. sight of the regulatory agencies so traced back to the deregulation of the f they do theirs? savings and loans which gave these associations many of the capabilities of OIL MARKET SPECULATION In many ways, today’s super-bubbles are a repeat of the 1920s when too much banks, but failed to bring them under Ms. CANTWELL. Mr. President, as I the same regulations. rise to speak this morning, for the first borrowing to underwrite too many speculative bets using too much of Congress eliminated regulations de- time since April 1, the price of oil has signed to prevent lending excesses and fallen to below $100 a barrel, and that other people’s money set up the entire economy for a crash. In 1999, Congress minimize failures. is certainly a welcome relief to many Deregulation allowed lending in dis- repealed key parts of the Glass- Americans across this country and to tant loan markets on the promise of Steagall Act of 1933. The repeal allowed businesses who have been devastated higher returns, and it also allowed as- banks to operate any kind of financial by high energy markets. sociations to participate in speculative businesses they desired, and it set up a We shouldn’t underestimate the dam- construction activities with builders situation where the banks had multiple age that has been caused. Just this and developers who had little or no fi- past Friday, in my home State of conflicts of interest. Several economists and analysts nancial stake in the projects. Washington, Alaska Air announced The ultimate cost of this crisis is es- have cited the repeal of this act as a that more than 1,000 people will lose timated to have totaled around $160 major contributor to the 2007 subprime their jobs because of high fuel prices billion, with U.S. taxpayers bailing out and a slowing economy. Compared to mortgage crisis. In fact, Robert Kuttner, cofounder the institutions to the tune of $125 bil- last year, Americans have paid $76 billion. This, of course, added to our def- lion more for gasoline in 2008, and I and co-editor of the American Prospect magazine wrote in September 2007: icit of the early 1990s. know many people went without vaca- I ask my colleagues: When are we tions, and businesses have cut back on Hedge funds, private equity companies, and going to learn this lesson? the subprime mortgage industries have two their operations. We have failed to see that oversight Now, we have had various inde- big things in common. First, each represents financial middlemen unproductively extract- and transparency are always critical pendent reports that have shown that ing wealth from the real economy. Second, parts of any functioning market. the fluctuation in price from 2007 to each exploits loopholes in what remains a fi- We have failed to see that when Con- 2008 cannot be explained by simple sup- nancial regulation. gress makes reforms, like the Commod- ply-and-demand fundamentals. And we But we didn’t end our deregulation ities Futures Modernization Act in are having a hearing at 2:30 this after- there. 2000, or like the repeal of key portions noon in the Energy Committee about In 2000 we also deregulated a new and of the Glass-Steagall Act in 1999, or the excessive speculation and how prices volatile financial derivative that is at deregulation of the energy markets in were driven to record highs this sum- the heart of today’s housing credit cri- the 1990s, they cannot disregard these mer. But what we need to also realize sis—credit default swaps. important fundamentals of trans- is the scrutiny Congress has placed on As White House press secretary Dana parency and strong Federal oversight Wall Street along with the promise to Perino described it earlier this year, authority. have stricter oversight has had an im- these ‘‘newfangled financial instru- I could go on and on for my col- pact; prompting a large volume of cap- ments’’ that posed a risk to the market leagues on my own personal experience ital starting to leave these markets. actually grew into a $62 trillion indus- with the western energy crisis that It wasn’t that long ago when Presi- try. happened in electricity markets in 2000 dent George Bush was picked up on the Warren Buffett has called these cred- and 2001. Internet at a reception saying ‘‘Wall it-swaps ‘‘financial weapons of mass de- We saw that during the electricity Street got drunk.’’ Now, I don’t know if struction.’’ deregulation experience which started the President really meant to have this The proliferation of these newfangled in the mid 1990s, people argued that publicly captured on the Internet, but financial instruments has resulted in electricity was just another com- it was, and I know afterwards his Press huge profits and losses without any modity. But it is really a very critical Secretary was quoted as saying: physical goods changing hands. element to our economy.

VerDate Mar 15 2010 15:17 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\BR08\S16SE8.000 S16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 19103 Many experts cautioned that elec- ment and lack of oversight by not hav- gard to my interpretation of the many tricity was too vital a part of our econ- ing transparency in these markets. We constructive efforts that have gone on omy and way of life to let these mar- need to make sure these agencies are with the chairman and myself and kets go without the transparency and accountable. other colleagues to try to move this oversight that is essential. The bottom line is we have a CFTC bill forward. As I speak for a few min- We all know the rest of the story. We that is more lax in allowing traders to utes, I urge my distinguished chairman saw that deregulation set the table for run amok than protecting families who to engage me in any questions or col- some of Enron’s spectacular manipula- live on Main Street in America. That is loquy if he has views that could be at tion schemes of 2000 and 2001 among why I continue to hold up CFTC nomi- variance to what I express. other bad actors, that caused more nations. We need a more sophisticated I have an amendment at the desk. It than $35 billion in economic loss and regulatory regime oversight, including is No. 5569. I shall not call it up at this cost our nation over 589,000 jobs. regulators who will be aggressive po- time. The history of that amendment Again, only after the crisis was over, licemen on the beat. We need to collect is as follows: did Congress step in. Only after the cri- more data to make sure that markets As many of our Senate colleagues are sis did Congress give the Federal En- are not being manipulated. We need to aware, this past January 29, the Presi- ergy Regulatory Commission, and now make sure the market is driven by dent of the United States issued Execu- the FTC, more regulatory authority on basic market fundamentals and not tive Order No. 13457 instructing the ex- energy markets. And once more, Con- greed. ecutive branch that agency heads gress illustrated that it prefers to act I yield the floor. should not base funding decisions on after the fact. I suggest the absence of a quorum. language in a committee report or con- So I ask my colleagues: When are we The ACTING PRESIDENT pro tem- ference report or any other nonstatu- going to learn? pore. The clerk will call the roll. tory statement of the views of Con- When are we going to quit deregu- The assistant legislative clerk progress. The President took this unprece- lating these critical markets without ceeded to call the roll. dented step because he believes—and to Mr. WARNER. I ask unanimous con- much thought to the transparency and some extent I share his concern—that sent that the order for the quorum call oversight that is critical for markets it is necessary to reduce the number be rescinded. to operate and function correctly? and cost of what we refer to as ear- The ACTING PRESIDENT pro tem- When are we going to learn that marks substantially; that is, to reduce pore. Without objection, it is so or- when we take our eye off he ball, Wall them substantially and to make the ordered. Street raids the cabinet and, as the igin and purpose of the earmark more Mr. WARNER. Would the Presiding President say, Wall Street gets drunk? transparent. To accomplish these ob- Officer advise the Senate of the proce- I mentioned that later today we will jectives, the Executive order requires dure at this time? be holding a hearing in the Energy that henceforth earmarks, as well as The ACTING PRESIDENT pro tem- Committee to examine the oil futures any other funding direction from Con- pore. The minority has 2 minutes re- market. We will examine why we need gress in its exercise of the power of the maining in morning business. meaningful legislation to close the purse, must be included in the text of Mr. WARNER. I yield back the time. loopholes that exist in those dark mar- the bill voted on by Congress and pre- kets. f sented to the President. This deregulation has helped spark CONCLUSION OF MORNING In response to the Executive order, I today’s price super-bubble, as George BUSINESS Soros warned at a June 3 Commerce offered an amendment during com- Committee hearing, that is driving our The ACTING PRESIDENT pro tem- mittee markup, on behalf of Senator markets to no longer be based on sup- pore. Morning business is closed. MCCAIN and myself and others, which ply-and-demand fundamentals. f would have put the committee’s fund- In one fell swoop, this deregulation ing tables in the text of the bill. This NATIONAL DEFENSE AUTHORIZA- was the most simple and direct way to did a number of things that enabled to- TION ACT FOR FISCAL YEAR 2009 day’s perfect storm to brew. comply with the Executive order. My No. 1, we let these newfangled finan- The ACTING PRESIDENT pro tem- amendment, after deliberation in com- cial instruments called credit default pore. Under the previous order, the mittee, was defeated on a 12-to-12 vote. swaps go unregulated, and it made it Senate will resume consideration of S. As a result, as reflected in section 1002 easy to use bad debt to finance home 3001, which the clerk will report. of the bill, the committee decided to mortgages. The bill clerk read as follows: incorporate our funding tables into the As George Soros wrote in his book A bill (S. 3001) to authorize appropriations bill by reference; that is, by a provision documenting the credit crisis: for fiscal year 2009 for military activities of that states that each funding table in the Department of Defense, for military con- the committee report is incorporated At the end of World War II, the financial struction, and for defense activities of the into the act and is made a requirement industry—banks, brokers, other financial in- Department of Energy, to prescribe military stitutions—played a very different role in of law to the same extent as if the personnel strengths for such fiscal year, and funding table was included in the text. the economy than they do today. for other purposes. Once our bill reached the Senate He went on to explain, as I said, that Pending: floor for consideration by the full Sen- banks and markets are not as strictly Reid amendment No. 5290, to change the ate, a colleague, Senator DEMINT, filed regulated today as they were in the enactment date. past. Reid amendment No. 5291 (to amendment amendment No. 5405 which, again, In 2000 we deliberately chose not to No. 5290), of a perfecting nature. takes up the same issue. learn this harsh lesson and allowed Motion to recommit the bill to the Com- Senator DEMINT’s amendment would these new, volatile financial deriva- mittee on Armed Services with instructions strike section 1002 in its entirety from tives that are the heart of today’s mar- to report back forthwith, with Reid amend- the bill, thereby removing the funding kets to go unregulated by the Com- ment No. 5292 (to the instructions of the mo- tables from the bill. The result, as I in- tion to recommit), to change the enactment modity Futures Trading Commission. date. terpret it, of adoption of the amend- What we need to do is make sure we Reid amendment No. 5293 (to the instruc- ment would be that our funding tables learned this lesson, to go back now and tions of the motion to recommit to the bill), would remain only in the committee close the loopholes that exist and make of a perfecting nature. and conference report, setting up a sure the agencies that are in charge of Reid amendment No. 5294 (to amendment conflict with the Executive order. Di- oversight actually do their job. We do No. 5293), of a perfecting nature. rection by Congress on the specific not want the American people to con- Mr. WARNER. Mr. President, I would funding levels throughout the defense tinue to have to pay for mismanage- like now to address the Senate with re- budget would be advisory only.

VerDate Mar 15 2010 15:17 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\BR08\S16SE8.000 S16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19104 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 September 16, 2008 The President’s Executive order, on mean what other work from other com- to describe in a very pragmatic and the other hand, would continue to re- mittees of the Congress, House and forthright way to help colleagues bet- quire agency heads to ignore congres- Senate, would be before those various ter understand the current procedural sional funding directions unless it is in administrative sections. dilemma that faces the body with re- the text of bills enacted into law. Given the time constraints we face, gard to the bill. While I appreciate the efforts by our these 4 additional days add signifi- The committee and my distinguished distinguished colleague from South cantly to the challenges of completing colleagues will work as hard as we can Carolina and his concern about the use a conference between the House and to get this bill through. This is one of the incorporation-by-reference tech- Senate and passing a conference report roadmap; there may be a better one. nique which I opposed during comin both Chambers before the target I yield the floor. mittee markup, I am just as concerned date for adjournment. While I acknowl- The ACTING PRESIDENT pro tem- about striking the reference to the edge these challenges, I believe my pore. The Senator from Michigan. funding tables in the bill and leaving amendment will best comply with the Mr. LEVIN. Mr. President, I thank them only in the committee and con- Executive order and its laudatory pur- my friend from Virginia for outlining ference report, given the President’s poses. We must not simply ignore the the history of this issue in which we Executive order. While the DeMint Executive order and trust the execu- are involved. I am particularly grati- amendment would have the positive tive branch to follow congressional fied that he now agrees the DeMint impact of making earmarks advisory funding directions, when the President amendment will be a significant abdi- only, it would also undercut the legal has emphatically said the Congress cation of legislative power to the exec- authority of every other congressional must express its direction in the text utive branch. The reason that would be funding decision which differed from of bills enacted into law. the President’s budget. In short, the When Congress exercises its constitu- true is, there would be no reference to DeMint amendment would seriously tional power of the purse, it should do the line items we have worked so hard impair the ability of the Senate and so in a transparent, open way subject on in law or by reference in law, and Congress to meaningfully exercise the to full debate and amendment. When that would mean the only thing that power of the purse. The Armed Services Congress speaks on its funding prior- would be remaining would be a com- Committee and the Senate and Con- ities, it should do so decisively, and its mittee report that has all the work of gress as a whole would lose the ability pronouncement should have the bind- our committee, not just the earmarks to direct and enforce cuts in funding, ing force of law subject only to the which we have added but also the lines additions to funding that were, in our President’s veto. we have added or subtracted to what discretion, required in the President’s The current posture is, this is an im- the President has requested. That is budget, or to restructure programs portant issue. The distinguished chair- the essential point relative to the that are part of the defense budget. man and I, together with our staffs, DeMint amendment. It would be an ab- The amendment I have offered and have worked on it. We have recognized solutely revolutionary change in the wish to offer as an alternative to Sen- the precarious nature of the bill in powers of the purse, shifting a great ator DEMINT is No. 5569. My amend- terms of its ability to be put together, deal of that power to the executive ment takes the same approach which I brought to the desk of Senators, and branch. argued during the committee markup. then, subsequently, the conference re- I am delighted the Senator from Vir- It takes the funding tables from our port, and likewise that being properly ginia has stated it exactly that clearly, committee report and puts them di- put together to comply with this or approximately that clearly, so that, rectly into the bill text. The amend- amendment and others. It is a chal- hopefully, we can, if not unanimously ment is extraordinarily long. It goes on lenge. I have discussed it with the but on a bipartisan basis defeat the for 225 pages, but it complies with the chairman. I guess perhaps being an op- DeMint amendment, if it is offered. Executive order in the most direct way timist, I believe if my amendment were Then the question comes up: How can possible. As a result, all of our funding adopted, it would reach the result of we then incorporate all our effort in decisions are transparent, and each many colleagues, and we could go for- committee into the law? There is a lot item of funding is subject to further de- ward and do our very best to shorten of problems with doing it, which we bate and amendment by the full Sen- the time normally in the history of pointed out during the committee de- ate. If the funding decisions are adopt- these bills that is used by the con- bate, including the lack of flexibility ed by the Senate and sustained through ference. that this would result in for the Presi- the conference between the two This is our 30th bill. Senator LEVIN is dent in terms of reprogramming be- Houses, they will be included in the chairman of the conference this year. I cause now every line becomes a pro- text of the bill as passed by Congress would try in every way to support him, gram, and that means it would be hard- and presented to the President. if he so desired to try to move, subject er to shift money than it is now be- Changes to the funding decisions rec- to the adoption of this amendment, cause it is easier to shift money within ommended by the committee are sub- this bill through the conference. This a program through reprogramming ject to the normal process of amending bill is so important to our country. It than it is between programs. That was a bill under the Senate rules and proce- is so important to so many Members of an argument which we used in com- dures. our body. We have pending a managers’ mittee. We believe it is true that the I am aware if my amendment was amendment which Senator LEVIN and executive branch will have less flexi- adopted, it would increase the burden our staffs have been working on for the bility when it comes to reprogramming of producing our bill and conference re- last 4 or 5 days. It is close to 100 if every single line is in law. However, port by several days. Many people amendments which we have reconciled if that is what this body wishes to do— would be involved in that rather ardu- in such a way that, subject to UC, they to make it less flexible for the Presi- ous process. We are informed that the could be adopted and immediately be- dent to offer reprogramming sugges- best estimate is that about 4 additional come a part of the bill prior to any clo- tions—that is a problem the executive days would be required for the com- ture action that will take place as branch should have, not ours. mittee staff, the Government Printing scheduled at 3 o’clock today. That em- Our problem is it would be difficult, Office, and supporting House and Sen- braces the work and the desires and the if not impossible, to get a conference ate staff offices to process the detailed objectives of so many Members. report—first of all, it is difficult data that appears in the funding tables, I am not here to fault the fact that a enough to get to conference, but then if they were incorporated into the bill, hold or objection is put on a UC to it would be extremely difficult, if not assuming the Government Printing Of- move that package; it is to state the impossible, to bring a conference re- fice could prioritize its attention and fact. But that objection largely ema- port back in the next couple weeks. We resources on our bill. By ‘‘prioritize,’’ I nates from the issue which I have tried have gone through these numbers with

VerDate Mar 15 2010 15:17 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\BR08\S16SE8.000 S16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 19105 the minority. We have a clear assess- one of those thousands of lines in the in, by which we continue to address the ment by the Government Printing Of- bill itself, instead of incorporating bill. But if by any chance we could rec- fice that it would add about 41⁄2 days to them in the bill by reference. We oncile our differences—and we would their work if every single line were should not jeopardize the passage of want Members to know that last night made part of the bill rather than being this bill. the majority presented to the minority simply incorporated by reference in the That is the only difficulty I now have a draft UC that is now being reviewed bill, as it now is. We should not take a as a legislator with the Warner amend- by my leadership. I am at this moment chance on jeopardizing this bill. This ment. The other difficulty, which we unable to give the details of what deci- bill is too important to be jeopardized. pointed out in committee, has to do sions will be made or what options, The difference between incorporating with the lack of flexibility that would other than what was presented to us, all these lines by reference in the bill result to the executive branch in their may be returned back by way of com- and actually printing them in the bill reprogramming requests. That is a promise. That is to take place in the is either minor, minute or nonexistent problem the executive branch needs to coming hours, before 3 o’clock. But legally. What this bill does is incor- face, I would think, but as a legislator, there is still the possibility that we porate by reference all these lines. what we have to protect is the power of could get a UC through that would re- They are incorporate into the bill. our purse, the power of this Congress to solve much of this problem. Then, if we They are transparent—as transparent make changes. That is protected in the took final passage, say, even late to- as though they were printed in the bill. Warner amendment. night—I mean if we can get the man- This green document is no less trans- What the Warner amendment does is agers’ package through, we will have parent than this white document. They put at risk this bill, as it may be phys- close to 100 amendments in addition to are both equally transparent. The work ically impossible to get to conference, those already handled, and that pack- of our committee is laid out in the mo- the conference completed, and a con- age is basically equally divided with ment in the green document. In this ference report back by the end of next Republican and Democratic amend- white document, which is the bill, we week. If we knew there was going to be ments—let’s say we have final passage incorporate by reference in the bill all a lameduck, there would be no problem tonight or tomorrow. How does the the line items so they are in the bill, because we could do this in a lameduck chairman then plot the timetable by and they can be changed by an amend- session no matter how much time it which he used pretty strong language, ment which says no money will be took between now and then, but we that this amendment of mine jeopard- spent or less money will be spent for a don’t know that there will be a lame- izes the bill not being passed? Would particular item. It is very readily ad- duck session. the chairman give us his basic sched- dressable by the Senate on the floor. So the question is whether we are ule? The transparency issue is the same. willing to take this risk. I, for one, Mr. LEVIN. I thank the Senator. Be- They are both transparent and should cannot in good conscience risk the pas- fore I do that, Senator WEBB came to be. sage of this bill. Although I don’t have the floor when I assured him he would So then the question becomes: Is the any problem now with the Warner be able to discuss his amendment, and nonexistent or minute difference be- amendment in terms of its substance, I am wondering if we could ask unani- tween incorporating all these charts in it is what it would result in, in terms mous consent that Senator WEBB be here by law or actually printing them of the bill not being able to be adopted recognized as soon as our colloquy is in here, should that risk the passage of as a practical matter. completed and then that Senator COL- this bill? They can be addressed by My problems with the DeMint LINS be recognized after Senator WEBB. amendment on the floor of the Senate, amendment are very serious and se- Mr. WARNER. I was not present even though they are incorporated by vere. I hope that amendment is not of- when either of these Senators ap- reference. fered, and if it is, I would hope, on a bi- peared. I am being advised by our Now, this bill, as my good friend partisan basis, it would be rejected by cloakroom staff that Senator COLLINS from Virginia says, is too important a Senate which has the responsibility came early this morning, at which for us not to pass. We have never not to abide by the Constitution of the time the assurance was given to her by passed an authorization bill, and this United States and maintain the power someone that she could have 11:30. should not be the first year, when we of the purse. Now, I don’t know quite how to sort have troops in harm’s way, when we do The ACTING PRESIDENT pro tem- this out. not pass a Defense authorization bill. pore. The Senator from Virginia is rec- Mr. LEVIN. I wonder if I could in- There are hundreds of provisions in ognized. quire of the Senator from Maine how here which directly affect the troops Mr. WARNER. Mr. President, I am much time she would be using. and their families. It would be uncon- looking at a memorandum prepared by Ms. COLLINS. Ten minutes. scionable for us not to pass a Defense our staff, and I presume it has been Mr. LEVIN. If I could inquire of the authorization bill. The reason for jeop- shared with the chairman’s staff. We Senator from Virginia how much time ardizing it simply does not hold water. should state to colleagues that what he would be using. So that is the dilemma we are in. If we learned by virtue of a long process Mr. WEBB. About 10 minutes. the Warner amendment is adopted, it that many people were involved in over Mr. LEVIN. If either had said 9 min- would seriously jeopardize the chances the weekend is as follows: utes, they would have had a better of being able to pass a bill, even if we In summary, incorporation of the case. can get to conference in the next cou- funding tables into the bill would add I wonder if the two Senators whom ple of days. That assessment was made about 4 days to the process: About a we referred to could get together and over the weekend in terms of the num- half day for committee staff to prepare resolve this issue for us as to who ber of days’ delay that would result. the files for the GPO, although much would go first and who would go sec- That assessment was made by the Gov- could be done during the conference; 3 ond. Could we ask the two Senators to ernment Printing Office. They spent days for the GPO to convert the files perhaps help us out on that, and then I 700 person hours over the weekend at and proofread them; and about half a would ask that after we talk, if we the Government Printing Office to give day for the committee staff to proof- could have a UC as to that procedure. us this assessment. This is not some read them when GPO returns the bill in In terms of the schedule, assuming casual assessment off the back of an printed form. we could get the bill passed by tomor- envelope; this is a very serious assess- Let’s sort of chart out a calendar. row, which would probably be lucky be- ment that was made at huge expense Today, we are, at the present time, cause there are a number of amend- over the weekend in order to give us scheduled to have a cloture vote, and if ments that are in that unanimous con- the most accurate idea as to what the cloture comes about, there is an en- sent agreement that are referred to delay would be if we had to print each tirely different scenario, if it is voted specifically that have time connected

VerDate Mar 15 2010 15:17 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR08\S16SE8.000 S16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19106 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 September 16, 2008 to them—if we could get this bill sent, we are in a whole new framework the costs of securing and rebuilding passed by tomorrow, or cloture in- of procedures. I think we recognized Iraq in order to lift that burden from voked, then there is 30 hours of that, I believe, Senator COLLINS—and the shoulders of the American tax- postcloture. We don’t know whether my distinguished colleague from Vir- payers. that would be used by any of our col- ginia has graciously allowed her to go While our country is struggling with leagues. They have a right to do that, first, and she would be followed by the a soaring deficit, the Iraqi Government and around here, as we know, fre- Senator from Virginia. is awash in oil revenues. The Special quently that 30-hour period is used. If Mr. LEVIN. Mr. President, I ask Inspector General for Iraq Reconstruc- it is not used, we would then have to unanimous consent—— tion has estimated that Iraq’s oil prof- name conferees, which hopefully would Mr. WARNER. We are back to UC. its will reach $70 billion this year. That be done fairly quickly. Then the House The word triggers—— is far more than the Government of reviews the Senate bill and determines Mr. LEVIN. It shouldn’t trigger a Iraq anticipated when it established its the committee jurisdiction and names problem. We use it all day around here. budget of $47 billion. their conferees. That, at a minimum, is I am simply stating the order for the Similarly, on August 5, the Govern- 2 to 3 days for the House to do that— two Senators to know. ment Accountability Office issued a re- to go through that process to see what I ask unanimous consent that the port that provided an in-depth exam- committees have jurisdiction over the Senator from Maine be recognized for ination of Iraqi revenues, expenditures, language in our bill, other than the 10 minutes, and the Senator from Vir- and surpluses. This GAO report under- Armed Services Committee. Then the ginia then be recognized for 10 minutes. scores the need for our amendment re- House and the Senate staffs have to The ACTING PRESIDENT pro tem- quiring the Iraqi Government to as- match up these provisions for con- pore. Without objection, it is so or- sume greater responsibility for its own ference. That usually takes 2 days— dered. costs. The report verifies the stronger usually takes 2 days. So if we are The Senator from Maine is recog- financial position of the Iraqis due to the unanticipated windfall brought lucky, we could start conference 3 to 4 nized. about by record-high oil revenues. Ac- days after passage of this bill, although Ms. COLLINS. Mr. President, I thank cording to the GAO, Iraq is likely to it usually takes a longer period of my colleagues for finally working this receive between $67 billion and $79 bil- time. So if we pass this bill tomorrow, out. lion in revenues from oil sales in 2008 that would take us to the end of the— I rise today in strong support of the alone—twice the average of revenues that would take the House to the end Fiscal Year 2009 National Defense Au- between 2005 and 2007. Yet the Iraqis of the week to be ready for conference, thorization Act. Let me begin by still have not adequately invested in if we started conference on Monday. thanking the committee’s distin- reconstruction efforts in their own Whatever period the conference takes, guished chairman, Senator LEVIN, for country. In fact, they have spent just even if it took 2 or 3 days, it is the mid- his leadership, and also Senator WAR- NER, who is taking on double duty, act- 28 percent of the $12 billion investment dle of next week. That is before the 4- budget. day period is triggered. ing as the ranking Republican on the committee in the absence of Senator In addition, the Iraqis had approxi- Mr. WARNER. Mr. President, if the mately $29 billion in surplus funds that Senator will yield, the chairman and I MCCAIN. I want to take this opportunity to thank the senior Senator actually went unused during the past 2 jointly agreed to ask our staffs to years. When Americans are struggling from Virginia for his years of service begin to preconference this bill. There with the high cost of energy, a weak- on the committee. He has been a true has been a considerable amount of ening economy, and a burdensome def- friend to me and to the members of our work done in the form of icit, there is simply no reason for the committee and the armed services of preconferencing a number of issues. American taxpayers to continue paying this Nation, and his guidance, wisdom Mr. LEVIN. There has. for the major reconstruction projects, and, above all, his civility in all mat- Mr. WARNER. Once the House sees for the salaries, training, and equip- ters will be greatly missed. I deeply ad- the finality of the Senate bill, I am of ping of the Iraqi security forces, or the mire him, and I thank him for his lead- the view that the balance can come to- cost of fuel in a country that has the ership on this bill and on so many gether fairly swiftly. So I think we second largest oil reserves and a bur- have somewhat of a difference of opin- other issues. geoning budget surplus. ion as to the ability of all people of Mr. WARNER. Mr. President, I hum- Our bipartisan amendment would good intention to get together and bly thank my distinguished colleague shift these costs to the Iraqis. Specifi- crunch this time so we can meet the and longtime friend. I am certain she cally, our amendment prohibits Amer- projected deadline of adjournment on can take my place. ica’s tax dollars from being spent on the 26th, as I understand it. Ms. COLLINS. I thank the Senator. major reconstruction projects in Iraq. Mr. LEVIN. I don’t think we have Mr. President, this legislation will It requires the Iraqis to assume the re- any difference on that, in terms of the provide essential training, equipment, sponsibility of paying for the salaries, ability of people of good faith to get and support to our troops as they en- training, and equipping of Iraq’s secu- things done. gage in combat overseas and in exer- rity forces, including the army, the po- Mr. WARNER. Yes. cises at home. It also offers an impor- lice, and the Sons of Iraq; it initiates Mr. LEVIN. This assumes maximum tant opportunity for continued debate negotiations between our Government crunch, what I specified for the Sen- as to our Nation’s strategy in Iraq, es- and the Iraqi Government on a plan to ator from Virginia. This is an opti- pecially the cost of reconstruction in cover other expenses, such as the fuel mistic view of the timetable, where ev- Iraq. used by American forces when they are erybody is using 24/7, to the extent that I am particularly pleased the legisla- in-country. human bodies permit. We don’t have tion we are now debating contains an Our proposal was approved unani- any difference in terms of that. amendment that Senators BEN NELSON, mously by the Senate Armed Services I am wondering if our two friends EVAN BAYH, and I offered to alleviate Committee, and it represents a signifi- from Virginia and Maine have resolved the burden on the American taxpayers cant bipartisan change in our policy in who would go first. Could we then of our operations in Iraq. It is time for Iraq. allow them to proceed in the order the Iraqis to pay more of the costs of The fact is, the American taxpayers they have agreed upon, and then the securing, rebuilding, and stabilizing cannot wait for the administration to Senator from Virginia and I could pick their own country. During the Armed act. We must require this significant this up after that. Services Committee markup, I joined reform by changing the law. Asking Mr. WARNER. Let’s do that. Mr. Senators NELSON and BAYH in author- the Iraqis to take more responsibility President, couldn’t we just do this in- ing the provisions that are in this bill for their own security and for the re- formally? Once we ask unanimous con- which shift to the Iraqi Government construction of their own country will

VerDate Mar 15 2010 15:17 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\BR08\S16SE8.000 S16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 19107 give them a sense of ownership, and it Bath Iron Works and the shipyards of for other defense-related projects that makes common sense given Iraq’s this country are ready to build what- benefit Maine and our national secu- growing budget surplus. That is the ever ships the Navy needs. But it is vi- rity. purpose of our provision, and I urge my tally important that there not be a gap The bill also authorizes $20.6 million colleagues to support the proposal that in shipbuilding that jeopardizes our infor construction of a new drydock sup- we have incorporated into the Defense dustrial base. I am pleased with the port facility at the Portsmouth Naval authorization bill. funding provided in this bill. I look for- Shipyard in Kittery, ME. This drydock, The legislation before us also in- ward to resolving this important issue and its accompanying support facility, cludes a strong commitment to in conference. are essential for the shipyard’s future strengthening Navy shipbuilding by in- Earlier this year, the Navy proposed work on Virginia-class submarines, the cluding more than $14 billion for ship- to truncate the DDG–1000 program Navy’s newest attack submarine. building programs. It fully supports after just two ships. In July, after fur- Funding is provided for machine guns the Navy’s shipbuilding priorities. The ther evaluation, the Navy realized the and grenade launchers, both of which declining size of our naval fleet is of terrible effect that such a decision are manufactured by the highly skilled great concern to me. This legislation is would have on the industrial base and workers at Saco Defense in Saco, ME. an important step toward reversing on our shipyards, in particular. It In addition, the legislation provides that troubling decline. would have created a gap in work for $1.5 million to the University of Maine The Chief of Naval Operations, Admi- Bath Iron Works because of the delays for the continued research and develop- ral Roughead, has put forth a plan for and costs inherent in restarting the ment of modular ballistic tent insert a 313-ship Navy. It would address long- DDG–51 line. panels. These panels provide crucial standing congressional concerns that It is important to note that Bath protection to servicemembers in tem- naval shipbuilding has been inad- Iron Works is prepared to build what- porary dining and housing facilities in equately funded. The instability and ever ships the Navy needs, but that mobile forward operating bases in Iraq inadequacy of previous naval ship- there must be a stable work plan to and Afghanistan. building budgets has had a number of sustain the industrial base. The best The bill also authorizes an additional troubling effects on our shipbuilding way to achieve that goal, and to take $1.5 million for the University of industrial base and has contributed to advantage of the billions of dollars al- Maine’s work on high temperature sen- significant cost growth in the Navy’s ready invested in the DDG–1000, is to sors that is important to the Air Force. shipbuilding programs. The 313-ship proceed with the third ship at this time These sensors are capable of sensing plan, combined with more robust fund- even if the Navy ultimately decides to physical properties such as tempera- ing by Congress, will begin to reverse build more DDG–51s. ture, pressure, corrosion and vibration the decline in Navy shipbuilding. The House version of this bill would in critical aerospace components. This bill authorizes funding for con- also require that the next-generation The legislation also provides $3.5 mil- struction of a third Zumwalt class de- class of amphibious ships be powered lion for further development of the rip- stroyer. The DDG–1000 represents a sig- by nuclear propulsion systems, even saw ground vehicle, an innovative un- nificant advancement in Navy surface though the shipyard that currently manned tank-like vehicle, manufac- combatant technology. builds those ships does not have either tured by Howe and Howe Technologies It is critical that the construction of the facilities or certifications required in North Berwick, ME. This technology the first two DDG–1000 destroyers con- to construct nuclear-powered ships. will have the ability to provide force tinue on schedule without further This provision could dramatically insecurity for our troops by taking them delay. It is equally important that crease the costs of future amphibious directly out of harm’s way. Congress provide full funding for the force vessels, with some estimates stat- Finally, I am pleased that this bipar- third ship. ing it could be as much as $800 million tisan Defense bill also authorizes a 3.9 The dedicated and highly skilled more per ship. This would reduce the percent across-the-board pay increase workers at our Nation’s surface com- overall number of ships that could be for servicemembers, half a percent batant shipyards, such as the Bath Iron built at a time when the Navy is seek- above the President’s budget request. Works in my great State of Maine, are ing to revitalize and modernize its This bill provides the necessary re- simply too valuable to jeopardize with fleet. It is completely contradictory to sources to our troops and our Nation any cuts or delays in this program. To the Chief of Naval Operations 313-ship and recognizes the enormous contribu- date, the Navy has spent more than $11 plan. tions made by the State of Maine. The billion on research, development, de- I am pleased that our Senate bill also bill provides the necessary funding for tailed design, and advanced procure- includes funding for additional littoral our troops, and I offer it my full sup- ment for this program. In addition, in- combat ships. While this program has port. dustry, including not just our ship- suffered a number of setbacks, the Mr. WARNER. Mr. President, if I yards but also a multitude of vendors Navy, with the help of Congress, has might ask my colleague for 30 seconds. in over 48 States, has made significant taken significant steps in order to I listened carefully to the Senator’s investments in preparation for building begin to get this program under con- thoughts on the Iraqi funding issue. I this new class of ship. It is critically trol. These ships are important for the commend the Senator for that. We important in these tight budget times Navy in order to counter new, asym- have amendments that address it. In that we not throw away the investment metric threats, and the Navy needs to the managers’ package are certain our country has made as the Navy pre- get these ships to the fleet soon. amendments that the Senator from pares to build the destroyer for the 21st I am pleased that the Senate Armed Maine put in. That is a very important century. That is why I am so concerned Services Committee also agreed to my issue. We owe no less responsibility to that the House version of the Defense request for $25 million in additional the American taxpayers but to assure authorization bill eliminates funding funding to continue the modernization that every single dollar going into that for the construction of a third ship, program for the DDG–51 Arleigh Burke area at this time is absolutely essen- and even more troubling, does not pro- class destroyers. This program provides tial for the purpose of the mission of vide sufficient funding for the con- significant savings to the Navy by ap- our troops and otherwise, and that the struction of any surface combatant. plying some of the technology that is Iraqi Government be made aware that Mr. President, as the threats from being developed for the DDG–1000 de- they are a sovereign government now around the world continue to grow, it stroyer and back fitting the DDG–51, and such expenses as can be should be is vitally important that the Navy which may reduce the crew size by 30 borne by that Government. have the best fleet available to counter to 40 sailors. Ms. COLLINS. I thank the chairman. those threats, keep the sealanes open, The Senate’s fiscal 2009 Defense au- I agree with his comments. I am de- and to defend our Nation. thorization bill also includes funding lighted with the support he and the

VerDate Mar 15 2010 15:17 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\BR08\S16SE8.000 S16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19108 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 September 16, 2008 chairman have given to this effort. I tion. In that regard, there are serious into long-term relations with another thank the Senator. questions about the very working of country, in effect committing us to ob- The ACTING PRESIDENT pro tem- the constitutional system of our Gov- ligations that involve our national se- pore. The junior Senator from Virginia ernment. curity, our economic well-being, and is recognized. This administration has claimed re- our diplomatic posture around the Mr. WEBB. Mr. President, I ask peatedly since last November that it world without the direct involvement unanimous consent to speak for up to has the right to negotiate and enter of the Congress. This is not what the 15 minutes on amendment No. 5499. into an agreement that will set the fu- Constitution intended. It is not in the The ACTING PRESIDENT pro tem- ture course of our relations with Iraq best interest of the country. pore. Without objection, it is so or- without the agreement, the ratifica- This amendment, which I offered on dered. tion, or even the participation of the Friday, is designed to prevent this sort Mr. WEBB. Mr. President, I will Congress. of imbalance from occurring and at the begin by associating myself with many The administration claims the jus- same time it recognizes the realities of of the remarks made by the Senator tification for this authority can be the timelines that are now involved from Maine. As someone who served as found in the 2002 congressional author- with respect to the loss of inter- the Secretary of the Navy, along with ization for the use of force in Iraq or, national authority for our presence in the senior Senator from Virginia, I as a fallback position, the President’s Iraq at the end of this year. have strong feelings about the strength inherent authority, at least from the The amendment is a sense of the Con- of the Navy and the size of our fleet. perspective of this administration, as gress. On the one hand, it is a sense I introduced an amendment on Fri- Commander in Chief. that we should work with the United day that I would like to urge my col- Both of these justifications are pat- Nations to extend the U.N. mandate up leagues to examine and support. We are ently wrong. The 2002 congressional au- to an additional year, giving us some in an odd situation in the business of thorization to use force in Iraq has additional international authority for Government at the moment in that the nothing to do with a negotiation of a being in Iraq, if needed, taking away international authority for the United government which replaced the Sad- the pressure of this timeline that could States to be operating in Iraq will ex- dam Hussein government which did not be used to justify an agreement that pire at the end of this year. The U.N. exist in October of 2002, as to the fu- the Congress has not had the ability to mandate, through the U.N. Security ture relations culturally, economi- examine, but also saying that an exten- Council, expires at that time. cally, diplomatically, and militarily sion of the U.N. mandate would end at Since last November, this adminis- between our two countries. any time where a Strategic Framework tration has been negotiating what is On the other hand, we are faced with Agreement and a Status of Forces called a Strategic Framework Agree- the reality that the U.N. mandate will Agreement between the United States ment that is intended to replace the expire at the end of this year and that and Iraq would be mutually agreed international authority of that U.N. this expiration will terminate the au- upon. mandate. Two questions have come up, thority under international law under The amendment also makes the point however, with respect to what the ad- which the United States is operating in that the Strategic Framework Agree- ministration is doing. The first is the Iraq at a time when we have hundreds ment now being negotiated between timeline. This is an agreement that, by of thousands of Americans on the the United States and Iraq poses sig- all accounts, has not yet been fully ne- ground in that country. nificant, long-term national security gotiated. It is being negotiated by the I and several other colleagues have implications for this country, and this administration without the participa- been warning of this serious disconnect would be the sense of the Congress. We tion of the Congress, and there are infor 10 months. Many of us were trying need to be saying that. The Iraqis need dications from Iraq that the Iraqi Gov- to say last November that apparently to hear it from the Congress. ernment negotiators themselves have the intention of this administration The amendment also puts Congress serious questions that had not been an- has been to proceed purely with an Ex- and the administration on record re- ticipated at the beginning of this proc- ecutive agreement to drag this out garding the many assurances that the ess. So we have a potential, with the until the Congress was going out of ses- Bush administration has made to fully timeline, that the U.N. mandate will sion, as we are about to do, and then to consult with the Congress with respect run out at the end of the year and present essentially a fait accompli in to all the details of the Strategic there will not be an agreement in place the sense that with the expiration of Framework Agreement and the Status that authorizes the presence of our the international mandate from the of Forces Agreement and that copies of forces in Iraq under international law. United Nations at the end of the year, the full text of these agreements will The larger question is constitutional. something would have to be done, and be provided to the chairmen and rank- What entity of the Federal Govern- that something would be an Executive ing minority members of the appro- ment has the authority to enter the agreement that to this point the Con- priate committees in the House and the United States into a long-term rela- gress has not even been allowed to ex- Senate prior to the entry into either of tionship with another government? amine. We have not been able to see these agreements. Both of these are serious issues. I sub- one word of this agreement. It is important to say that the Stra- mit that the conditions under which we We tried to energize the Congress. We tegic Framework Agreement that has will continue to operate in Iraq mili- met with all of the appropriate admin- been mutually agreed upon by the ne- tarily, diplomatically, economically, istration officials. There have been gotiators from our executive branch and even culturally, are not the sole hearings. There have been assurances and the Iraqi Government officials will business of any administration. These from the administration that they will cease to have effect unless it is ap- questions involve the legal justifica- consult at the appropriate time, as proved by the Congress. This amend- tion under domestic and international they define it. We have seen nothing. ment states that within 180 days of the law for the United States to operate And so we are faced with a situation entry into force of that agreement, the militarily—and quasi-militarily, by the that is something of a constitutional Congress would approve it. We are not way, given the hundreds of thousands coup d’etat by this administration. calling for the full and complicated of independent contractors that are I say to my colleagues that we all procedures of a treaty, but we are say- now essentially performing military should be very concerned. At risk is a ing a majority of the Congress should functions in that country. further expansion of the powers of the approve any agreement that has been There are questions about the proc- Presidency, the result of which would entered into. ess by which the U.S. Government de- be to affirm in many minds that the On the one hand, this agreement rec- cides upon and enters into long-term President—any President—no longer ognizes the realities of where we are in relations with another nation—any na- needs the approval of Congress to enter terms of timelines, but on the other it

VerDate Mar 15 2010 15:17 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\BR08\S16SE8.000 S16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 19109 protects the constitutional processes and such an asset to our men and retired pay early based on how much by which we are entering into long- women in uniform. I thank Senator time they deploy. This year, Senator term relations with other countries, WARNER for his great service, I thank KERRY and I, along with 15 other Sen- whether it is Iraq or any other country him for his friendship, and I thank him ators, have offered an amendment that around the world. for what he does every day for our men would make this provision retroactive We need, as a Congress, to preserve and women in uniform. to include any duty performed after this process. It does not operate in a Mr. WARNER. Mr. President, I hum- September 11, 2001. way that would disrupt our operations bly acknowledge the gracious remarks, This amendment recognizes a signifi- in Iraq. I urge my colleagues to join me and I express my appreciation. cant sacrifice that members of the on this amendment and protect the Mr. CHAMBLISS. Mr. President, last Guard and Reserve and their families prerogatives of the Congress under the week marked the seventh anniversary have made since 9/11 in answering the Constitution. of the day our country was attacked by call of duty. It is only right that their I understand this amendment will be terrorists, resulting in the deaths of duty and support of the global war on included in the unanimous consent re- approximately 3,000 innocent people. terrorism since September 11 be recog- quest that will come for a vote later Since that day and for the past 7 years, nized and included when considering today. I hope my colleagues will sup- our Nation has devoted itself to win- when they should receive retired pay. port me on it. ning the global war on terrorism. It is my hope we can keep this provi- Mr. President, I yield the floor. It is astonishing how the commit- sion in conference and included in the Mr. WARNER. Mr. President, if I ment of our soldiers, airmen, sailors, final version of the bill. may say, I have been viewing the two and marines has inspired the Afghan Also for the Guard and Reserve, I drafts of the UCs. Momentarily, I ex- and Iraqi people to build their own po- have offered an amendment, cospon- pect the chairman and I will decide litical framework, improve their secu- sored by my colleague MARK PRYOR how to deal with it. But I assure the rity and infrastructure, and promote from Arkansas, which would provide Senator that the Webb amendment is human rights, freedom, and democracy 180 days of transitional health care for in both drafts of UCs. in their respective countries. I am members leaving active duty who agree The ACTING PRESIDENT pro tem- proud to say that our commitment to to affiliate with the Guard and Re- pore. The Senator from Michigan. and investment in the global war on serve. An identical provision was spon- Mr. LEVIN. Mr. President, I com- terrorism is now bearing fruits that are sored and included in the House bill by mend Senator WEBB for this sense-of- leading to a safer and more democratic my good friend Congressman SANFORD the-Senate resolution. We have the as- world. BISHOP from Georgia. This amendment surance of the administration that All of our accomplishments in this provides a powerful incentive for mem- they will share the text with the lead- area start with our servicemembers bers leaving active duty to join the ership of the Congress and with the and their families who every day face Guard and Reserve and could result in chairmen and ranking members of the the challenges, sacrifices, and dangers several thousand more people entering Senate and House Armed Services inherent in the profession of arms. the Guard and Reserve each and every Committees and Foreign Relations Congress is entrusted with providing year. Committees. But this goes beyond it the necessary resources, policies, and I ask unanimous consent to have and takes an essential step beyond that programs for our servicemembers and printed in the RECORD a letter of sup- commitment. military departments in order to en- port for this amendment from the Re- We should be involved in this kind of sure their success. serve Officers Association. There being no objection, the mate- a long-term relationship. I commend This year’s National Defense Author- rial was ordered to be printed in the the Senator from Virginia for his draft- ization Act serves as the vehicle to do RECORD, as follows: ing of this amendment. It is very care- just that and provides the resources ful. I believe, based on the assurance of and policies to carry out the missions RESERVE OFFICERS ASSOCIATION, Washington, DC, September 15, 2008. Senator WARNER, that it will be in- we ask of our military. Hon. SAXBY CHAMBLISS, cluded in any UC that is propounded. I Specifically, the bill provides the fol- Chairman of the Senate Reserve Caucus, Russell hope that UC—any UC—can be adopted lowing: Office Building, Washington, DC. and that, indeed, it will include the An increase of 7,000 soldiers, 5,000 ma- DEAR SENATOR CHAMBLISS: The Reserve Of- Webb amendment as having the assur- rines, and 3,371 full-time personnel for ficers Association, representing 65,000 Re- ance of a vote. the Army National Guard and Army serve Component members, supports Amend- Mr. WEBB. I thank the chairman and Reserve over the 2008 force structure ment 5356 of the Senate Defense Authoriza- the senior Senator from Virginia. levels; a 3.9-percent pay raise for all tion bill, S. 3001, which grants transitional The ACTING PRESIDENT pro tem- military personnel; a total of $125 bil- health care to active duty personnel as they become a member of the armed forces re- pore. The Senator from Georgia. lion for military personnel to improve serve component. Mr. CHAMBLISS. Mr. President, I allowances, bonuses, permanent change It is important to reduce the barriers that ask the Chair to notify me when I have of station moves, and death benefits; prevent people from joining the National reached the 1-minute mark. reauthorization of over 25 types of bo- Guard or Reserve. Providing transitional Mr. President, I first want to say, as nuses and special pay to promote en- TRICARE health coverage permits serving I rise to support the National Defense listment and continued military serv- members and their families to continue with Authorization Act of 2009 and honor all ice; more rigorous oversight procedures the same coverage they received while on active duty, and allow them time to qualify for of our service members and their fami- for military housing privatization TRICARE Reserve Select. Your amendment lies who continue to serve and sacrifice projects; and a report to Congress on provides a recruiting incentive that helps for the sake of the country, that I am the implementation of the Yellow Rib- the individual, his or her family and the very appreciative of the leadership of bon Reintegration Program. armed forces. both Chairman LEVIN and Senator I also have several amendments to Thank you for your efforts on this key WARNER and, obviously, Senator the bill, all of which I understand will issue, and other support to the military that you have shown in the past. Please feel free MCCAIN who has been absent some and be included in a manager’s package. I to have your staff call ROA’s legislative di- Senator WARNER has so ably filled in. wish to discuss these amendments very rector, Marshall Hanson with any question Chairman WARNER will always be briefly. or issue you would like to discuss. chairman to me. He has been my dear First, last year, I worked with many Sincerely, friend through many years. What a of my colleagues to include a provision DENNIS M. MCCARTHY, great service to our country this great in the National Defense Authorization Lieutenant General USMC (Retired), American has provided in the true Vir- bill allowing for members of the Guard Executive Director. ginia gentleman tradition. He has al- and Reserve who deploy in support of a Mr. CHAMBLISS. Mr. President, an- ways been such an asset to this body contingency operation to receive their other amendment I have offered to the

VerDate Mar 15 2010 15:17 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\BR08\S16SE8.000 S16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19110 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 September 16, 2008 bill, along with my colleague from I also hope the Senate can complete state and took over the responsibility Georgia, Senator ISAKSON, provides a action on this very important piece of for that company. It was an extraor- sense of the Senate on the care of legislation and proceed to a House-Sen- dinary decision because this is a com- wounded warriors. Last year’s Defense ate conference and passage of a con- pany that we had not regulated as a Authorization bill contained the ference report prior to the end of this Federal Government, not one at least Wounded Warrior Act which went a month. in detail. We knew their transactions long way to helping DOD and Depart- I yield the floor. and balance sheets, but we put the full ment of Veterans Affairs establish a The ACTING PRESIDENT pro tem- faith and credit of the American people network of recovery care coordinators pore. The Senator from California is and our Treasury behind rescuing Bear who would work to manage and coordi- recognized. Stearns. nate care for recovering servicemem- Mrs. FEINSTEIN. I thank the Chair. Then a little over a week ago the de- bers. This is a powerful program and (The remarks of Senator FEINSTEIN cision was made by this administration stands to make a huge impact in the pertaining to the introduction of S. to do the same for two entities, Gov- lives of our wounded warriors. My 3493 are located in today’s RECORD ernment-sponsored entities, Fannie amendment calls on DOD and the VA under ‘‘Statements on Introduced Bills Mae and Freddie Mac. These were the to expedite the recruiting, training, and Joint Resolutions.’’) major institutions for housing in and hiring of these personnel, and also Mrs. FEINSTEIN. Mr. President, I America. Between them, some 50 per- to partner with civilian institutions, yield the floor. cent of all mortgages were being held. such as the Medical College of Georgia Mr. LEVIN. Mr. President, I suggest It was understandable that decision School of Nursing, to help train these the absence of a quorum. was made because the alternative was personnel and ensure they have access The ACTING PRESIDENT pro tem- unthinkable. If Fannie Mae and to the most up-to-date research and pore. The clerk will call the roll. Freddie Mac should collapse, it would skills in order to best serve our wound- The legislative clerk proceeded to jeopardize not only mortgages and ed warriors. call the roll. homeowners but also the American Two other amendments I will men- Mr. LEVIN. Mr. President, I ask economy. It is such a large part, it is tion briefly are first a sense of the Sen- unanimous consent that the order for understandable that the administra- ate that the Air Force should conduct the quorum call be rescinded. tion stepped in to make that decision. a robust demonstration of the SYERS The ACTING PRESIDENT pro tem- Now this week comes a new round. system on the Joint STARS aircraft. pore. Without objection, it is so or- Lehman Brothers, a company in New SYERS would provide an expanded dered. York which has prospered for many combat identification capability for years, now faces bankruptcy, and along f Joint STARS and the Air Force should with it the question of the future of fully explore its utility and the possi- RECESS Merrill Lynch, a major brokerage bility of incorporating SYERS on the The ACTING PRESIDENT pro tem- house which appears to be in line to be entire Joint STARS fleet. pore. Under the previous order, the acquired by Bank of America. Second, I have offered an amendment Senate stands in recess until the hour These are dramatic and unsettling that would require DOD to report to of 2:15 p.m. events and a reminder to all of us that Congress on the requirement for Non- Thereupon, the Senate, at 12:34 p.m., the state of the American economy is dual status National Guard techni- recessed until 2:15 p.m. and reassem- not as sound and solid as we would like cians. These personnel are often used bled when called to order by the Pre- to see it. But those are the events to backfill deploying Guard personnel, which happened at the highest levels of siding Officer (Mr. CARPER). and due to the large number of deploy- finance and the highest levels of Wall ments, we need to look at expanding f Street. the number of Non-dual status techni- NATIONAL DEFENSE AUTHORIZA- All of us representing our constitu- cians as a means of ensuring the TION ACT FOR FISCAL YEAR ents—I represent Illinois—have trav- Guard’s home State missions are not 2009—Continued eled around our States and met with neglected. small business men and women, family The National Defense Authorization The PRESIDING OFFICER. Who farmers, and families as well, talking Act is designed to strengthen our mili- seeks recognition? about the situation they face today. tary, provide the required resources to Mr. LEVIN. Mr. President, I suggest They do not make the headlines as the Department of Defense to carry out the absence of a quorum. Merrill Lynch or Lehman Brothers, but the responsibilities our Nation asks of The PRESIDING OFFICER. The they should because if you go across them, and to improve our servicemem- clerk will call the roll. the board and talk to these working bers’ and their families’ quality of life. The assistant legislative clerk pro- families, these middle-income families, The proposed legislation and the fund- ceeded to call the roll. you will find that over the last 7 or 8 ing priorities will ensure that our Na- Mr. DURBIN. I ask unanimous con- years, this country has not been kind tion maintains an adept and quality sent that the order for the quorum call to them. Their spending power has force to defend our country and allow be rescinded. been reduced. They continue to work. us to continue to be an ambassador for The PRESIDING OFFICER. Without They are productive workers. Amer- a prosperous and peaceful world. I com- objection, it is so ordered. ica’s economy is a productive economy. mend the chairman, the ranking mem- Mr. DURBIN. I ask unanimous con- And yet they have not been rewarded ber, and committee staff for their hard sent to speak as in morning business. for their work. Their wages have not work on the bill and their diligence in The PRESIDING OFFICER. Without kept up with the cost of living. They bringing it to the floor. objection, it is so ordered. The Senator have fallen behind under this Bush ad- Unfortunately, the bill does have sev- is recognized. ministration some $2,000 worth of eral problematic provisions, including THE ECONOMY spending power at a minimum. These an unnecessary limitation on the role Mr. DURBIN. Mr. President, we con- are the people who are paying $4.50 per of private security contractors and an tinue to read today, as we did yester- gallon of gasoline trying to figure out unnecessary prohibition on trained and day, about dramatic changes in the how to get back and forth to work and qualified personnel conducting lawful American economy, particularly the to meet their obligations to their fami- interrogations. I hope we can address problems facing many of our larger fi- lies and friends. and resolve these issues in conference nancial institutions. These are folks who are struggling in a way that best serves our military Not that many weeks ago, the Fed- with the cost of groceries and clothing. personnel and allows them to effec- eral Government stepped in when Bear They are the same ones trying to fig- tively carry out their responsibilities. Stearns was in a terrible economic ure how in the world to put their kids

VerDate Mar 15 2010 15:17 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\BR08\S16SE8.000 S16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 19111 through college so their kids will not ally that credit operation collapsed Here is what President Herbert Hoo- end up with student loans that look leading to the foreclosures we see ver said then: like their first mortgages. today. The fundamental business of the country, They are worried also about health What we see on Wall Street now with that is production and distribution of com- care, about the health insurance plans many of these investment banks going modities, is on a sound and prosperous basis. that do not cover as much this year as under are credit institutions which are That was said days before the stock they did last year. They are worried not subject to Government regulation. market collapsed. This quote from about the out-of-pocket payments they It is like playing ‘‘off the books.’’ If a JOHN MCCAIN yesterday is reminiscent may have to make. They realize, most business does that, the IRS comes in of President Hoover. It shows the same of them, they are one diagnosis away and says: You have just violated the lack of connection to the real world in from bankruptcy. That is the reality of law. You are supposed to put every- which people are living. life in the economy beyond Wall thing on the books and report to us. When it comes to Senator MCCAIN’s Street. Well, there is a whole world of credit philosophy and how we should ap- So when you look across the board at and finance that is ‘‘off the books’’ proach these issues, he has been pretty this economy, you realize the funda- when it comes to regulation and over- outspoken. It has been printed this mental weaknesses of what we face sight by the Federal Government. And morning in an article in the New York today. Of course, the housing market that is the world that is collapsing. It Times written by Jackie Calmes. She has been the catalyst for some of the is an indication to me that when we wrote: problems we now see. It turned out faced a similar situation 75 years ago, In early 1995, after Republicans had taken that the greed of Wall Street, of the with the Great Depression, that Frank- control of Congress, Mr. MCCAIN promoted a overreaching of some companies, led to lin Roosevelt got it right. He under- moratorium on Federal regulations of all loans and mortgages which were to- stood that the economic problems in kinds. He was quoted as saying that exces- tally unwise. America called for sensible regulation sive regulations were ‘‘destroying the Amer- and disclosure and transparency and ican family, the American dream,’’ and vot- Many of those now have resulted in ers ‘‘want these regulations stopped.’’ The foreclosures, where people are having accountability. He created agencies which responded moratorium measure was unsuccessful. to leave their homes. Their misfortune to the economy of the day. Regulation, He told the Wall Street Journal last is being visited on their neighbors. I reyes, but without that regulation, un- March: ‘‘I’m always for less regulation, cently had an appraisal on my home in fortunately, the market was spinning but I am aware of the view that there Springfield. It is the same home I lived out of control to the detriment of ev- is a need for government oversight’’ in in when I was first elected to Congress eryone, not just business owners but situations like the subprime lending many years ago. I have been there a workers, farmers, and people who are crisis, the problem that has cascaded long time. I have to tell you the value just trying to get by. through Wall Street this year. of my home has gone down 20 percent. We need to return to a mindset which Senator MCCAIN concluded: ‘‘But I Why? It is not because we did not says there is an appropriate role for am fundamentally a deregulator.’’ keep it up—we do a fairly good job with Government. There are things which Later that month Senator MCCAIN that—it is because the economy is our Government can do which private gave a speech on the housing crisis in weak in my hometown of Springfield, industry, on its own devices, will not which he called for less regulation say- IL, and foreclosures nearby have taken do. That is why we need to be more ing: their toll on the value of my home. We sensible when it comes to regulation. Our financial market approach should in- made all of our mortgage payments, Yesterday, the Republican candidate clude encouraging increased capital in finan- but the value of our home went down 20 for President, JOHN MCCAIN, said: cial institutions by removing regulatory, ac- percent. That is the reality a lot of Our economy, I think still the fundamen- counting and tax impediments to raising people are facing. My story is not one tals of our economy are strong. capital. that should bring tears to anybody’s I would say that Senator MCCAIN Senator MCCAIN has been consistent. eyes; we will get through it. But a lot does not accurately portray our econ- He has opposed Government oversight, of folks cannot. They cannot get omy today. I wonder which economy he accountability, and regulation. Now, it through this, and that is where we are is talking about? Is he talking about can go too far. Do not get me wrong. in the economy today. an economy with record unemploy- We have seen it at its worst. But if you How did we reach this point? We ment, the highest in 5 years? Is he do not have a fundamental oversight reached this point when we adopted a talking about an economy with record effort being made by the Government, mentality that was dominant in this home foreclosures, the most since the then consumers and the economy are city for so long that, first, get Govern- Great Depression? Is he talking about at the mercy of those who go too far. ment off my back. Government is my an economy where people’s savings Inevitably they will go too far. I can enemy. Deregulate. that they count on for the future—the recall the savings and loan crisis, lead- That was a pretty popular mantra value of their home or their 401(k) or ing to a taxpayers bailout. I now see around here 10 or 15 years ago. In fact, their retirement account—have been the problems in the subprime mortgage a lot of people laughed about it. Even diminished by the state of this econ- situation leading to a taxpayers bail- people such as the venerable wise crit- omy? He cannot be talking about the out of Fannie Mae and Freddie Mac, ic, Rush Limbaugh, said: If we close economy where middle-income families Bear Stearns, and maybe others. If we down the Federal Government no one have fallen behind in their spending do not keep an eye on their activities would even notice. power, where they find it difficult to and demand accountability, we will end Well, he was wrong when he said it. live paycheck to paycheck, let alone up paying the price. He would certainly be wrong today be- save some money. He cannot be talking That is why this election is so funda- cause what has happened to us is a re- about an economy with $4.50 gasoline, mental. If we want to continue the eco- minder that there is an appropriate with diesel fuel that is even more ex- nomic policies of the Bush-Cheney ad- and important role that Government pensive, and jet fuel that is running ministration that have led us to this needs to play. As strong as our entre- the aviation industry out of business. sorry moment, then Senator MCCAIN is preneurial free market economy is, if What economy is JOHN MCCAIN talk- clearly the person who should lead this it is not subject to oversight and ac- ing about? It is interesting how close country for the next 4 years. But if we countability, it can spin out of control. his quote comes to one from another are going to change those policies, if That is what happened with this person who happened to be elected we are going to give middle-income and subprime mortgage market. Instead of President. His name was Herbert Hoo- working families a fighting chance in having appropriate oversight and ac- ver; the date was October 25, 1929. This this economy, if we are going to have a countability, loans were made which was just shortly before, days before, Tax Code written not to reward wealth made no sense whatsoever, and eventu- the great stock market crash. but to reward work for a change, then

VerDate Mar 15 2010 15:17 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\BR08\S16SE8.000 S16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19112 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 September 16, 2008 we need a change in Washington. We On Wall Street’s Republican friendly turf, to time speaks in populist tones about big need to have a new approach, not only Mr. Obama has outraised Mr. McCain. He has corporations and financial institutions and a new economic and tax policy but the received $9.9 million from individuals associ- presents himself as a Theodore Roosevelt- kind of regulation that provides pro- ated with the securities and investment in- style reformer. He supported the Bush ad- dustry, $3 million more than Mr. McCain, ac- ministration’s decision to seize Fannie Mae tection from the excesses of the mar- cording to the Center for Responsive Poli- and Freddie Mac, the mortgage giants, and ket. Even Senator MCCAIN yesterday tics, a watchdog group. His advisers include he has backed as unavoidable the promise of referred to the greed on Wall Street. Wall Street heavyweights, including Robert taxpayer money to help contain the financial Left unchecked, unfettered, this greed E. Rubin, the former treasury secretary who crisis. can spin out of control. That is why is now a senior adviser at Citigroup, another Other than Mr. Gramm, who as chairman there is such a fundamental choice fac- firm being buffeted by the financial crisis. of the Senate Banking Committee before his ing American families in only 7 weeks. If many voters are fuzzy on the events that leaving Congress in 2002 worked to block ef- I ask unanimous consent to have the over the weekend forced Lehman Brothers forts to tighten financial regulation, Mr. McCain’s closest adviser on matters of Wall New York Times article to which I re- Holdings Inc. into bankruptcy and Merrill Lynch & Company. to be swallowed by the Street is John Thain, the chief executive of ferred printed in the RECORD. Bank of America Corporation, the con- Merrill Lynch, who has raised about $500,000 There being no objection, the mate- tinuing chaos among the most venerable for Mr. McCain. Unlike Mr. Gramm, Mr. rial was ordered to be printed in the names in American finance—coming on top Thain has a reputation as a pragmatic, non- RECORD, as follows: of the recent government seizure of mort- ideological, moderate Republican. That the [From the New York Times, Sept. 16, 2008] gage giants Fannie Mae and Freddie Mac and men are Mr. McCain’s touchstones is typical IN CANDIDATES, 2 APPROACHES TO WALL the demise of the Bear Stearns Companies— of his small and eclectic mix of advisers, STREET has stoked their anxiety for the economy, making it hard to generalize about how Mr. McCain would act as president. (By Jackie Calmes) the foremost issue on voters’ minds. So it was that first Mr. Obama and then A prominent McCain supporter, Gov. Tim WASHINGTON.—The crisis on Wall Street Mr. McCain rushed out their statements on Pawlenty of Minnesota, signaled how Mr. will leave the next president facing tough Monday morning before most Americans had McCain would try to make his antiregula- choices about how best to regulate the finan- reached their workplaces. tion record fit the proregulation times that cial system, and although neither Senator To the extent that travails on Wall Street the next president will inherit. Mr. Pawlenty Barack Obama nor Senator John McCain has and Main Street have both corporations and suggested in an interview on Fox News that, yet offered a detailed plan, their records. and homeowners looking to Washington for a given the danger that ‘‘any future adminis- the principles they have set out so far sug- hand, that helps Mr. Obama and his fellow tration’’ would go too far, Mr. McCain would gest they could come at the issue in very dif- Democrats who see government as a force for be the safer bet to protect against ‘‘excessive ferent ways. good and business regulation as essential. government intervention or excessive gov- On the campaign trail on Monday, Mr. Yet Mr. McCain has sold himself to many ernment regulation;’’ McCain, the Republican presidential nomi- voters as an agent for change, despite his Mr. Obama also does not have much of a nee, struck a populist tone. Speaking in party’s unpopularity after years of domi- record on financial regulation. As a first- Florida, he said that the economy’s under- nating in Washington, and despite his own term senator, he has not been around for the lying fundamentals remained strong but antiregulation stances of past years. major debates of recent years, and his eight were being threatened ‘‘because of the greed Mr. McCain was quick on Monday to issue years in the Illinois Senate afforded little by some based in Wall Street and we have a statement calling for ‘‘major reform’’ to opportunity to weigh in on the issues. got to fix it.’’ ‘‘replace the outdated and ineffective patch- In March 2007, however, he warned of the But his record on the issue, and the views coming housing crisis, and a year later in a of those he has always cited as his most in- work quilt of regulatory oversight in Wash- ington and bring transparency and account- speech in Manhattan he outlined six prin- fluential advisers, suggest that he has never ciples for overhauling financial regulation. departed in any major way from his party’s ability to Wall Street.’’ Later his campaign unveiled a television advertisement called On Monday, he said the nation was facing embrace of deregulation and relying more on ‘‘the most serious financial crisis since the market forces than on the government to ‘‘Crisis,’’ that began: ‘‘Our economy in crisis. Only proven reformers John McCain and Great Depression,’’ and attributed it on the exert discipline. hands-off policies of the Republican White While Mr. McCain has cited the need for Sarah Palin can fix it. Tougher rules on Wall House that, he says, Mr. McCain would con- additional oversight when it comes to spe- Street to protect your life savings.’’ tinue. Seeking to showcase Mr. Obama’s con- cific situations, like the mortgage problems Mr. McCain’s reaction suggests how the cerns, his campaign said Mr. Obama led a behind the current shocks on Wall Street, he pendulum has swung to cast government reg- conference call on the crisis early Monday has consistently characterized himself as ulation in a more favorable political light as that included Paul A. Volcker, the former fundamentally a deregulator and he has no the economy has suffered additional blows chairman of the Federal Reserve; Mr. Rubin; history prior to the presidential campaign of and how he is scrambling to adjust. While he and his successor as treasury secretary, Law- advocating steps to tighten standards on in- has few footprints on economic issues in rence H. Summers. vestment firms. more than a quarter century in Congress, Later, citing Mr. McCain’s remarks about He has often taken his lead on financial Mr. McCain has always been in his party’s the economy’s strong fundamentals, he told issues from two outspoken advocates of free mainstream on the issue. a Colorado crowd that Mr. McCain ‘‘doesn’t market approaches, former Senator Phil In early 1995, after Republicans had taken get what’s happening between the mountain Gramm and Alan Greenspan, the former Fed- control of Congress, Mr. McCain promoted a in Sedona where he lives and the corridors of eral Reserve chairman. Individuals associ- moratorium on federal regulations of all power where he works.’’ ated with Merrill Lynch, which sold itself to kinds. He was quoted as saying that exces- One reason for both men’s sketchy records Bank of America in the market upheaval of sive regulations were ‘‘destroying the Amer- on financial issues is that neither has been a the past weekend, have given his presidential ican family, the American dream’’ and vot- member of the Senate Banking Committee, campaign $300,000, making them Mr. ers ‘‘want these regulations stopped.’’ The which has oversight of the industry and its McCain’s largest contributor, collectively. moratorium measure was unsuccessful. Mr. Obama sought Monday to attribute the ‘‘I’m always for less regulation,’’ he told regulators. Under both parties’ leadership, financial upheaval to lax regulation during The Wall Street Journal last March, ‘‘but I the committee often has been a graveyard the Bush years, and in turn to link Mr. am aware of the view that there is a need for for proposals opposed by lobbyists for finan- McCain to that approach. government oversight’’ in situations like the cial institutions, including Fannie Mae and ‘‘I certainly don’t fault Senator McCain for subprime lending crisis, the problem that Freddie Mac, which last week were forced these problems, but I do fault the economic has cascaded through Wall Street this year. into government conservatorships. philosophy he subscribes to,’’ Mr. Obama He concluded, ‘‘but I am fundamentally a Industry lobbyists’ success in killing such told several hundred people who gathered for deregulator.’’ regulations meant senators outside the an outdoor rally in Grand Junction, CO. Later that month, he gave a speech on the banking panel did not have to take a stand Mr. Obama set out his general approach to housing crisis in which he called for less reg- on them. financial regulation in March, calling for ulation, saying, ‘‘Our financial market ap- The PRESIDING OFFICER. The Sen- regulating investment banks, mortgage bro- proach should include encouraging increased ator from California. kers and hedge funds much as commercial capital in financial institutions by removing Mrs. BOXER. Mr. President, before banks are. And he would streamline the regulatory, accounting and tax impediments overlapping regulatory agencies and create a to raising capital.’’ the hour of 2:30, I ask unanimous con- commission to monitor threats to the finan- Yet Mr. McCain has at times in the presi- sent to be recognized for 5 minutes. cial system and report to the White House dential campaign exhibited a less ideological The PRESIDING OFFICER. Is there and Congress. streak. As he did on Monday, he from time objection?

VerDate Mar 15 2010 15:17 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\BR08\S16SE8.000 S16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 19113 Mrs. BOXER. I also ask unanimous 8.2 percent over 2001. Americans living tion bill. This is one of the most impor- consent that the Republican leader’s in poverty increased by 5.7 million tant bills we have each year. There is a time begin 5 minutes after I begin. since 2000, and 37 million Americans lot of Member interest. The committee The PRESIDING OFFICER. Without live in poverty. The fundamentals of has always allowed a robust debate and objection, it is so ordered. this economy are strong? Spare me. amendments by Members and, an aver- Mrs. BOXER. Mr. President, I rise to Existing home sales fell by 22 percent age, as I said, of 21. We have had two so address the Senate not only as a Sen- in 2007. President Bush inherited a sur- far. Clearly we are not ready to stop ator from the largest State in the plus. We now have an enormous deficit. this bill. There is more work to be Union, a State that is experiencing The debt has increased over $4 trillion done. Frequently, amendments are em- many problems that started with the since 2001. We are spending $10 billion a bodied in a managers’ amendment, on housing crisis about which we talked a month in Iraq. The money is leaving average, of 192 amendments that were long time ago, before the Fed stepped the country. We are not making the in- agreed to during the consideration of in and did something, but I also rise as vestment. The fundamentals of this the last three DOD authorization bills. an economics major. I received my de- economy are strong? As I said, this year the majority has gree in economics. My minor was polit- Every American, I don’t care what accepted but two. ical science. I was a stockbroker a long party—Republican, Democratic, Inde- Now, on our side we had hoped we time ago on Wall Street. I know a little pendent—should be up in arms about a would have a unanimous consent agree- bit about Wall Street, and I know a lit- leader looking at these figures. I have ment that could be entered into at this tle bit about the times we are in right only given a little of the story. Let’s point to obviate the necessity of the now. I worked on Wall Street when get real. The fundamentals of this vote on cloture. It appears now that John Kennedy was assassinated. It was economy are weak. The people are anx- that will not be the case. So unfortu- a horrible time. Confidence was shat- ious, and they should be. It is time for nately we are in a situation where we tered. The stock market actually change. are clearly not ready to call an end to closed down for a period. Now we are I yield the floor. this bill. There is still a lot more work facing a meltdown. The fact is, we are The PRESIDING OFFICER. The time to be done. The two managers have all going to work and hope that it of the Senator from California has ex- tried very hard to reach an agreement. doesn’t melt all the way down. pired. Who seeks recognition? That has not been possible to do. On the day that we learn about Mer- Under the previous order, the time Therefore, at least for me—and I don’t rill Lynch, which was the gold stand- until 3:06 is equally divided, with the pretend to speak for everyone on the ard of brokerage houses, and AIG, what Republican leader controlling the first Republican side—but at least for me, I I understand is the largest insurance 15 minutes and the majority leader can’t in good conscience vote to close company in America, when we hear controlling the last 15 minutes. off debate, bring this bill to a close about that and about Lehman Broth- Mrs. BOXER. I suggest the absence of when there are so many outstanding ers, which we also hope can survive in a quorum. some form via purchase—and certainly issues that I know Republicans wish to The PRESIDING OFFICER. The bring to closure. There is one in par- we know thousands of people have lost clerk will call the roll. everything—to hear a U.S. Senator— ticular I will mention before I close. The assistant legislative clerk pro- There is this matter of earmarks. namely, Senator MCCAIN—say the fun- ceeded to call the roll. What we had resolved to do in the Sen- damentals of this economy are strong Mr. KYL. Mr. President, I ask unani- sends cold shivers up and down my ate was to say that only legislative mous consent that the order for the language would be sufficient for a so- spine. To think that anyone would say quorum call be rescinded. that, one would have to go back to the called earmark to have the force of The PRESIDING OFFICER. Without law. You couldn’t put earmarks in re- days of Herbert Hoover, President of objection, it is so ordered. the United States, the day after the port language and then expect the ex- Mr. KYL. Mr. President, unfortu- ecutive branch to adhere to those ear- market crashed in 1929 and we entered nately, we are in a situation with this the Great Depression. He said: marks when it spent the money appro- bill where we have not been able to priated by Congress. Well, once again, The fundamental business of the country, reach an agreement on how to proceed. that is production and distribution of com- we have the specific items of spending modities, is on a sound and prosperous basis. I say this notwithstanding the Hercu- that some call earmarks not put in leg- lean efforts by the chairman and the We have Senator MCCAIN memori- islative language except by reference. I ranking member of the committee. alizing this attitude and these words. know both Senator WARNER and Sen- I wish to spend the rest of my time Senator WARNER informed me a mo- ator DEMINT and some others had pro- going through the fundamentals of this ment ago about the negotiations that posed amendments to deal with that. I economy. I will come back and speak have been ongoing, literally over the would have liked to have voted on a later when I have a little more time to weekend, and yet it appears that not- Senator WARNER amendment to deal expand. withstanding their best efforts it has with that subject but, apparently, In 1999, the average American family been impossible to find a way to move without a unanimous consent agree- spent $3,261 on cost-of-living expenses; forward on this bill that encompasses ment, that is not going to be possible. in 2007, $7,585. The average household amendments or embodies those amend- So there are a variety of things that earned less in 2006 than they did in ments in a managers’ amendment to remain to be done. If we vote for clo- 2000. Incomes are going down. Expenses the bill such that the Members, at ture on the bill, they are not going to are going up—groceries, heating, gas, least on our side, would feel com- get done. health care. The fundamentals of our fortable proceeding to close off debate Therefore, reluctantly, as I said, it economy are strong? As Senator OBAMA on the bill and bring debate to a close will be my position to vote against clo- said: What economy? Not this econ- so we could move on with the bill. Un- ture on this bill. omy. The average household earned fortunately, I believe we have had two Mr. REID. Mr. President, has all time less in 2006 than they did in 2000. Job votes so far on this bill. I think one of of Senator MCCONNELL expired? growth during this administration has those was on an amendment I offered, The PRESIDING OFFICER. There is been the slowest since Herbert Hoover or it was accepted. 11⁄2 minutes remaining on the Repub- in 1929, the Great Depression. Our econ- In any event, I think they have ac- lican side. omy has lost jobs for 8 straight cepted two amendments, we have had The Senator from Virginia is recog- months; 84,000 jobs were lost last two votes, and I am informed that over nized. month. The fundamentals of this econ- the past three Department of Defense Mr. WARNER. Mr. President, this omy are strong? What? authorization bills, we had a rollcall will be one of the most difficult votes One in five Americans is unemployed vote average of 21 votes per bill. That that I will have had to cast in my al- for more than 26 weeks, an increase of is about right for a Defense authoriza- most 30 years in the Senate. I must say

VerDate Mar 15 2010 15:17 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\BR08\S16SE8.000 S16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19114 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 September 16, 2008 to my dear friend, the chairman of the They have worked as hard as they authorization bill because of earmarks committee, we have worked together could to put together a Defense author- or because we didn’t have enough time these years and we just made our last ization bill. Now, let’s assume we don’t to debate it, it is laughable, and he efforts in the cloakroom to try and do anything to that bill and cloture is would laugh. They would all laugh. It bridge the gap—I respect both sides— invoked and we pass that bill. Wouldn’t is unfair. bridge the gap. We failed, and now we that be a great time to celebrate here? So next January 20, I guess, we will are confronted with cloture. I then Because you know what would happen? see what we can do to move forward, searched my conscience: What do I do? We would have a conference with the because we have to rebuild our Armed Because I am definitely more than House and work out whatever dif- Forces. In the meantime, Congress can sympathetic, completely in support ferences in their bill and our bill. begin, I hope, to do something in the that the minority has to have certain This is about earmarks? Oh, come on. interim. We can begin now by passing rights and a certain ability. That is the We have had congressionally mandated the Defense authorization bill, a sen- way this institution is constructed. spending since we have been a country. sible, bipartisan bill that will honor I shall vote for cloture for the fol- Why? Because our Founding Fathers our troops and enhance our national lowing reason: I ran a quick mental set the country up that way. We have security. calculation. It was 63 years ago, in Jan- three separate branches of government. Just a few things: For men and uary of 1945, that I joined the U.S. We don’t have a king. We have a Presi- women in uniform, this bill will give Navy. If I had to point to the one single dent. He doesn’t make all the deci- almost a 4-percent increase—exactly thing in my some 40 years plus of pub- sions. Benjamin Franklin and all of 3.9 percent increase—a pay raise—to lic service that has meant the most to those men who met in Philadelphia our troops and other military per- me personally, it is working with and wanted us to have three separate sonnel. Do they deserve it? Of course learning from the men and women of branches of government and they de- they do. If this bill doesn’t pass, do the Armed Forces of the United States. termined what our duties would be in they get it? Of course they don’t. This My military career on active duty is of the Constitution. One of them is to de- will mean more money in the pockets no great consequence, but my learning termine the spending. That is our role. of military families struggling to make experience was enormous, and I have That is our obligation. Now, are these it from one paycheck to the next. It tried through these 30 years in the Sen- two men trying to hide something from will help returning heroes afford a ate to pay back to this generation and the American people, trying to sneak place to live or go back to school. We future generations of men and women something in to help a military base invest in Defense health programs for all the wonderful things, including two someplace in America? No. Everything men and women which, among other GI bills, that were done for me. is transparent. This earmark is only things, prevent the need to raise So I could not have this, being alone of the issues of the day to give TRICARE fees. This bill will fight ter- most the last vote that I will cast in somebody something to talk about, to rorism and protect our national secu- these 30 years, in any other way than talk about how bad government is. rity, and to tell James Proctor and be consistent with my conscience, as I During the past 8 years, our Armed people who have served gallantly in have tried to do the best, and will con- Forces—the best trained, the most cou- this military that we are not moving tinue to do the best, on behalf of the rageous armed forces the world has forward on this because minority men and women of the Armed Forces ever known—have been stretched to rights aren’t protected? and their families. the limit. I don’t say this; our military This bill funds international non- I thank my colleagues. commanders say it. Both civilian and proliferation efforts to combat weap- The PRESIDING OFFICER. The time military leaders of our country say we ons of mass destruction as well as proof the Senator has expired. have to help our military. History will grams that will help us prepare the The Democratic leader is recognized. remember that during these years, de- homeland for chemical or biological at- Mr. REID. Mr. President, I had the spite tremendous strain, our military tacks. This bill will increase funding opportunity in August to travel to Af- accomplished everything asked of them for special operations command to ghanistan. I always try to find the Ne- with heroism and success. We have all train and equip forces and support on- vada troops and I was able to do that been to the funerals. I never undergoing military operations. If we hear because there are a lot of them over stood until I went to Afghanistan what one thing when we go to Afghanistan, there. But I talked to troops—not Ne- Shane Patton went through as a SEAL they will tell you how important spe- vada troops but American service men in Afghanistan. I went to that funeral cial operations officers and troops are. and women. I have had the good for- and I thought why is a SEAL in Af- This bill provides funds supporting the tune of being able to go to Iraq and ghanistan. There is no water there. He development and use of unmanned aer- talk to our military in Iraq. To try to is there doing the things they are ial vehicles. explain to them that we are not doing trained to do—going after terrorists— Creech Air Force Base—named after a Defense authorization bill because and he was killed in the process. It General Creech who ended his career minority rights aren’t protected, I won’t be easy to rebuild our Armed and his life in Nevada—was named mean what is—what are we doing? This Forces. It must be a priority of our after him, a great military officer. In- will be the 94th time we voted on clo- next President to give them proper dian Springs Air Base, it used to be ture this Congress—the 94th time—far rest, proper training and equipment called. It is midway between Las Vegas breaking any records ever in the his- when they are deployed, and proper and the Nevada test site. This facility tory of our great country; more than physical and mental health care when was going to be closed, until they de- double. they return from combat. termined these drones were some of the My friend, the distinguished Senator Part of my security detail as the ma- most important things in the military, from Arizona, says they are not ready jority leader—because people don’t like and this legislation takes into consid- to end this debate. We have a profes- what I do and say, I have had people eration how important unmanned aer- sional staff. The Republican staff of the threaten me. I have had as a part of my ial vehicles are. This legislation helps Armed Services Committee is as pro- security detail a guy by the name of reinforce special intelligence capabili- fessional as you can get, and that on James Proctor. Since I was assistant ties within the Army and the Marine the Democratic side is as professional leader and leader, he has been with me Corps. This is a very good piece of leg- as you can get, led by two of America’s all that time, but it has been inter- islation, an important step toward re- all-time great Senators: LEVIN and rupted by three tours of duty to Iraq. building our Armed Forces and pro- WARNER. I say that without any degree He is an Army officer. Three tours of tecting the American people. of trying to make them feel good. It is duty. He leaves his little family and I wish I had words adequate to ex- the truth. They are two of the great heads off to Iraq. For James Proctor— press my personal appreciation—and I Senators in the history of our country. to tell him we are not doing a Defense can speak for everyone on this side of

VerDate Mar 15 2010 15:17 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\BR08\S16SE8.000 S16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 19115 the aisle—for the work done by Chair- I ask unanimous consent that Sen- XXII, the clerk will report the motion man LEVIN and JOHN WARNER. There ator LEVIN be given 2 minutes to close to invoke cloture. are no two more honorable people in the debate. The assistant legislative clerk read the world; whether they are rabbis, The PRESIDING OFFICER. Without as follows: objection, it is so ordered. priests, ministers, there is no one who CLOTURE MOTION has more credibility and honesty than The Senator from Michigan is recog- these two men. I have had conversa- nized. We, the undersigned Senators, in accord- Mr. LEVIN. Mr. President, I thank ance with the provisions of rule XXII of the tions with these two fine Senators, Standing Rules of the Senate, hereby move where they said: This is what I am the leader and I thank Senator WARNER for his statement in support of cloture. to bring to a close debate on S. 3001, the Na- going to do. Do I need to check back tional Defense Authorization Act for Fiscal with them and ask: Do you really mean It is a difficult and courageous vote. I Year 2009. what you said? No. Their word is their commend them on it. Carl Levin, Patrick J. Leahy, Bernard The issue here is not earmarks; the bond. Once they have said it, that is it. Sanders, Robert P. Casey, Jr., Claire issue is a perception that is being per- McCaskill, Sheldon Whitehouse, Ben- I feel very bad. Senator LEVIN is petrated that it is about earmarks. jamin L. Cardin, Robert Menendez, Bill going to have another opportunity to This green book is our committee re- Nelson, Charles E. Schumer, Richard do one of these bills, but this man, Sen- port. It lists all of the items to be Durbin, Thomas R. Carper, Patty Mur- ator WARNER, won’t unless we invoke added to it and subtracted. This white ray, Amy Klobuchar, Jon Tester, Jeff cloture. We need to do that so that he book is our bill. It incorporates the Bingaman, Harry Reid. can participate in coming up with the charts and lines from the committee The PRESIDING OFFICER. By unan- final bill that will lead to a conference report and is incorporated into this bill imous consent, the mandatory quorum with the House of Representatives. For as law. The lines here—add-ons, sub- call is waived. 30 years—as I have said on the floor be- tractions, all of the requests of the The question is, Is it the sense of the fore, I don’t know his predecessors—I President that weren’t touched, by the Senate that debate on S. 3001, the Na- served with a number of them—but the thousands—are incorporated by ref- tional Defense Authorization Act for State of Virginia could not have had a erence in our bill. Fiscal Year 2009, shall be brought to a better Senator than JOHN WARNER. The amendment of Senator DEMINT, close? They could have had one as good but who wants to eliminate the incorpora- The yeas and nays are mandatory nobody better. These two men have tion by reference, has exactly the oppo- under the rule. done their very best. I accept the prod- site effect. All the line items that were The clerk will call the roll. uct they have given us, the product we added or subtracted would not be part have right here, now, today. I accept it. of the bill if the DeMint amendment The bill clerk called the roll. Let’s pass it. Let’s invoke cloture on were agreed to. They would remain in Mr. DURBIN. I announce that the it, and if there are germane postcloture the committee report without incorpo- Senator from Delaware (Mr. BIDEN), amendments, we will take care of ration by reference in the bill. It goes the Senator from Massachusetts (Mr. those. That is what these men do. exactly the opposite direction of mak- KENNEDY), the Senator from Massachu- Now, I want to say one other thing. ing ‘‘earmarks’’ part of law. setts (Mr. KERRY), and the Senator Let’s not forget that the ranking Re- The Warner amendment, on the other from Illinois (Mr. OBAMA) are nec- publican on the Armed Services Com- hand, would incorporate not just by essarily absent. mittee is Senator JOHN MCCAIN. I un- reference but all of the language in the I further announce that, if present derstand the Presidential campaign thousands of lines in the bill. The prob- and voting, the Senator from Massa- takes candidates away from what goes lem is that it would take so much chusetts (Mr. KERRY) would vote on here. Both parties realize that. But time, according to the Government ‘‘yea.’’ it certainly would have helped move Printing Office, to do that, we probably Mr. KYL. The following Senators are this legislation forward if the ranking could not get to conference and back to necessarily absent: the Senator from member of this committee, the Repub- the Senate unless we had a lameduck Texas (Mr. CORNYN), the Senator from lican nominee for President, had shown session. We don’t know that we will. Florida (Mr. MARTINEZ), and the Sen- leadership and a commitment to this We cannot jeopardize this bill, which ator from Arizona (Mr. MCCAIN). cause by talking to his fellow Repub- means so much to the men and women Further, if present and voting, the in the Armed Forces, by a requirement licans and saying: Come on, we need to Senator from Texas (Mr. CORNYN) get this passed. Not a word publicly or that achieves no purpose because the would have voted ‘‘nay.’’ privately, that I know of. lines are already incorporated by reference, that achieves only the percep- The PRESIDING OFFICER (Mr. We have a chance to do the right tion of a purpose, which apparently SANDERS). Are there any other Sen- thing by coming together to invoke meets some political needs of people ators in the Chamber desiring to vote? cloture and move toward passing this who are out campaigning. That is not The yeas and nays resulted—yeas 61, legislation. I hope all Senators, Demo- enough to jeopardize the Defense bill. nays 32, as follows: crats and Republicans, will join to This bill means everything to the [Rollcall Vote No. 200 Leg.] move forward so we can honor and men and women in the armed services. YEAS—61 promptly care for our military fami- It should mean everything to us be- lies, while enhancing our country’s Akaka Hagel Reed cause they mean everything to us. We Baucus Harkin Reid ability to meet the security challenges cannot jeopardize this bill by any ac- Bayh Inouye Roberts we face. tion which may make it impossible for Bingaman Johnson Rockefeller Let me say that, while I talked about Boxer Klobuchar Salazar us to bring back a bill from conference. Brown Kohl JOHN WARNER, I want to close by talk- I wish to end by again complimenting Sanders Byrd Landrieu Schumer ing about CARL LEVIN. I, too, don’t Senator WARNER. He has been abso- Cantwell Lautenberg Smith Cardin Leahy know all of his predecessors. I do know lutely wonderful in trying to work out Snowe Carper Levin Specter a little history. There could have been a unanimous consent agreement. I Casey Lieberman a Senator as good as CARL LEVIN from treasure our 30 years together. I wish Clinton Lincoln Stabenow Michigan but no one any better. Cochran Lugar Stevens we could end this with a cloture vote Sununu that would allow us to finish positively Coleman McCaskill We deserve this legislation. The Collins Menendez Tester country deserves this legislation. the great effort he has put in. I hope we Conrad Mikulski Warner These two managers deserve this legis- can get 60 votes for cloture. Dodd Murkowski Webb Dole Murray Whitehouse lation. Let’s invoke cloture. It will CLOTURE MOTION Dorgan Nelson (FL) Wicker give us an opportunity to complete this The PRESIDING OFFICER. Under Durbin Nelson (NE) Wyden legislation. I hope we can do that. the previous order, pursuant to rule Feinstein Pryor

VerDate Mar 15 2010 15:17 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\BR08\S16SE8.000 S16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19116 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 September 16, 2008 NAYS—32 For New Jersey, my home State, fi- the administration said: Oh, no, that is Alexander Craig Hutchison nancial losses on Wall Street mean job an overexaggeration. Unfortunately, I Allard Crapo Inhofe losses at home. I am worried about the wish they had been right and I had Barrasso DeMint Isakson 1,700 employees of Lehman Brothers in been wrong. But the fact is, we haven’t Bennett Domenici Kyl Bond Ensign McConnell Jersey City. I am worried about the even seen the crest of that tsunami Brownback Enzi Sessions 6,000 employees at Merrill Lynch in take place. Bunning Feingold Shelby Hopewell. I am also worried about A few months later, as foreclosures Burr Graham Thune Chambliss Grassley those families and others who are mounted, they assured us that the Vitter Coburn Gregg going to have to face foreclosure or problems we were concerned about Voinovich Corker Hatch watch their home values plummet. And might bring broader consequences to NOT VOTING—7 I am worried about millions of retirees the economy. But oh, no, all those who Biden Kerry Obama and people approaching retirement who came before our committee, all the fi- Cornyn Martinez are going to realize that their life sav- nancial leaders of this administra- Kennedy McCain ings are under attack and diminishing tion—the Secretary of the Treasury, The PRESIDING OFFICER. On this as quicksand below their feet. the head of the Federal Reserve, and vote, the yeas are 61, the nays are 32. Everyone is demanding to know what the regulatory side of the Securities Three-fifths of the Senators duly cho- got us here. Well, what got us here to and Exchange Commission—oh, no, sen and sworn having voted in the af- a large degree is that for the last 8 those problems would be contained to firmative, the motion is agreed to. years we have had an administration only the housing market, even though Mr. DURBIN. Mr. President, I move that has turned a blind eye to financial they couldn’t even see the foreclosure to reconsider the vote by which the markets and deregulated at every turn, crisis being the tsunami it has become. motion was agreed to and to lay that playing Russian roulette with our In July I asked them about the pros- motion on the table. economy. Their regulatory changes pect of a bailout of Fannie Mae and The motion to lay on the table was gave lenders the chance to invent new Freddie Mac, but they couldn’t foresee agreed to. ways to make bad loans and to pass off that either or they were misleading the The PRESIDING OFFICER. The ma- the risks on investors. committee. I see the distinguished jority leader is recognized. The Federal Reserve had a power chairman of the Banking Committee is Mr. REID. Mr. President, I want to given to it long ago by a Democratic here, and he will recall they were asked express my appreciation to everyone. I Congress to fight predatory lending. head on. They asked for incredible au- tell all Senators that Senator WARNER For more than 7 years of the Bush ad- thorities. Yet they could not foresee and Senator LEVIN are going to do ev- ministration it failed to use it. If they the possibility, even as the mortgage erything they can to process this bill. had acted, many predatory lenders crisis continued to rear its ugly head in We are going to complete this bill by wouldn’t have been allowed to pedal dimensions that some of us predicted a tomorrow night, and we will get the bad loans, which investment banks year and a half ago. Those who are in bill to conference. We can get a bill. Everyone who has bought and then went bust and spurred charge of the regulatory process, ap- something they want to do, talk to this crisis. pointed by the Bush administration, There are so many parts to this pat- these two managers and they will do ultimately could not see. tern of deception and neglect. In 1994, a So even in the face of all that, we had the best they can. This is an important Democratic Congress passed the Home- the White House issue numerous veto bill, and the Senate realized that. I owner’s Equity Protection Act. It was threats against the bill that was crit- think this is really a good day for the the first statute to fight predatory ical to try to get to the very root cause Senate. Mr. President, I suggest the absence lending. That was in 1994. That law of what is happening in America of a quorum. mandates that the Federal Reserve today—the housing foreclosure crisis— The PRESIDING OFFICER. The must issue regulations to prohibit abu- which has created this ripple effect in clerk will call the roll. sive and deceptive practices. But how all our financial institutions. Yet they The bill clerk proceeded to call the long did it take the Federal Reserve to were issuing veto threats—veto roll. do so? It took the Federal Reserve 14 threats. How could you be so blind or Mr. MENENDEZ. Mr. President, I ask years—from 1994—to implement these how could you be so much in the inter- unanimous consent that the order for regulations. ests of one sector that you are unwill- the quorum call be rescinded. Senator Sarbanes, the former chair- ing to mitigate the risks on behalf of The PRESIDING OFFICER. Without man and sometimes ranking member of the American people? objection, it is so ordered. the Banking Committee, and Senators This is not new. Look at 2005. In 2005, Mr. MENENDEZ. Mr. President, I ask SCHUMER and DODD have repeatedly in- the House of Representatives—I was a unanimous consent to speak as in troduced legislation to protect against Member there at the time—passed a bi- morning business with the time to run predatory lending. Not once has any partisan GSE reform bill by a vote of postcloture. Republican been a cosponsor in the 331 to 90. GSEs are those Government The PRESIDING OFFICER. Without Senate. Yet we have been hearing a lot entities; that is, Fannie Mae and objection, it is so ordered. about Senator MCCAIN suggesting that Freddie Mac. We wanted to have a THE ECONOMY all of a sudden he has seen the light. strong reform bill. It was offered by Mr. MENENDEZ. Mr. President, But he wasn’t here all those years. Republicans. Mike Oxley, the chairman there is no doubt Wall Street and Main Even after reaching a bipartisan at that time, a Republican, working Street are in a crisis. The floodgates agreement on the Foreclosure Preven- with BARNEY FRANK, offered the bill. It from the subprime storm have ripped tion Act and its successor, the Housing passed overwhelmingly. In the House of open and the effects are clearly dev- and Economic Recovery Act of 2008 in Representatives—I served there for 13 astating—unemployment is up and June, Republican Senators delayed the years—I can tell you, when you get a markets are down. final passage of the legislation for vote of 331 to 90, that is about as bipar- While I may not be able to predict weeks—for weeks. Between the two tisan as you can get. what is coming next, I would like to bills, Republicans had six filibusters to That bill was offered here by Senate talk a little bit about how we got here. prevent the passage of this legislation. Democrats exactly as it passed the Americans may not have been tracking Notwithstanding what was happening House. But it was blocked by the White the exact moves and, I believe, the neg- throughout the country, as a member House. Even Mike Oxley, the former ligence on the part of the Bush admin- of the Senate Banking Committee in Republican chairman of the House istration that has led us to this point, March of 2007—well over a year and a committee, said recently: but we certainly understand the con- half ago—I raised the prospect of a tsu- We missed a golden opportunity that would sequences. nami—my word—of foreclosures. But have avoided a lot of the problems we are

VerDate Mar 15 2010 15:17 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\BR08\S16SE8.000 S16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 19117 facing now if we had not had such a firm ide- at what is happening. When Lehman Americans get some relief from an ological position at the White House and the Brothers has to close, not only are economy that is definitely headed in Treasury and the Fed. What did we get from those 1,600 jobs in New Jersey at risk, the wrong direction. the White House? We got a one-finger salute. but it affects all of those who had In general, as we move forward we His words, the chairman of the House mortgages, all of those who used a have to establish which failures are Financial Services Committee, which service, all of those who bought a prod- isolated and which present a systemic passed the bill in a big bipartisan vote. uct, all of those who went out to eat in risk to the entire financial system. We couldn’t get it through here in the restaurants, all of those who, in fact, Second, it is fundamental to the Senate. employed someone else to give them a health of our economy that we help I find it incredibly difficult to see service while they were working. The homeowners stay in their homes. The that one of our colleagues who is run- ripple effect is very significant. housing market is not just a center of ning for President, Senator MCCAIN, When people get their statements for the crisis, it is also a pillar of our soci- now talks about all of these issues. He their retirement accounts, whether it ety. Taking steps to shore it up makes has a new ad out suggesting he is a re- be a 401(k) or a thrift savings or what- sense on so many levels. Especially as former. But he was part of the same ever, we are going to see what that this school year gets underway, we Bush views. He basically was in sup- means to people in real life. Some are can’t sit back and watch children get port of most lifting of regulations. So as the tsunami approached—the going to look and say: I am going to thrown out not only from their homes one that we were told, when I raised it have to keep working because I cannot but pulled from their schools. a year and a half ago, they couldn’t continue this way. Third, we absolutely must hold ad- I want to echo what one of my distin- see—the administration was consist- ministration officials and regulators ently on the back side of that tsunami, guished colleagues, the Senator from accountable. I myself promise to do my watching it sweep toward us, watching Illinois, said a few weeks ago in Colo- part when they come before the Bank- while the American people got washed rado: ing Committee this week and next. under. Enough. Enough of more of the same. They better be prepared for some tough We have had 8 years of our regu- Enough denial about our challenges. It is questions and some straight answers. I time to develop solutions. latory entities. Who are they? The Se- am tired of hearing that you could not curities and Exchange Commission, the We look forward to having the Sec- foretell what some of us were telling Federal Reserve, the OCC—the Office of retary of the Treasury before the you and others about the tsunami of the Comptroller of the Currency under Banking Committee this Thursday. foreclosures. We could have stemmed the Treasury Department. Instead of There are very tough questions to be the tide. We could have acted in a regu- being the cops on the beat to ensure we answered, not only about what has hap- latory process to make sure that was have a marketplace that is balanced— pened but what we are doing as we minimized. yes, we believe in a free marketplace move forward. When you are asked what is the pos- and, yes, we believe in free enterprise, It is enough of more of the same. sibility of a bailout of Fannie Mae and but an unregulated marketplace, as we Enough denial about our challenges. It Freddie Mac, I am tired of being told found, is one that has excesses. The is time to develop solutions. I believe you can’t foresee that happening, and reason there are regulators is to make we have to act fast to provide an eco- just a month and a half later you have sure there is balance at the end of day. nomic stimulus package targeted to a very significant bailout—and you But when those who are supposed to be provide relief to those most in need, in can’t tell us how much the taxpayers the cops on the beat—the regulators— ways that stimulate our economy and will be on the hook for it. hit the snooze button instead of going infrastructure. I am tired of being told by some of into action so we can prevent or miti- Let’s be clear, we have to recognize our colleagues, such as Senator gate what we are now facing, we see the potential for what we call moral MCCAIN, that this economy has all the the consequences. hazard. We can’t have everyone on Wall right underpinnings and all the right Some of my colleagues on the other Street think they can go to any excess regulatory processes. That is a fantasy side of the aisle call this scheme ‘‘the whatsoever and the Government will world. It is a world that ultimately ownership society,’’ which means bail them out. But at any given time in Americans cannot afford. They cannot today: You are on your own. A strong this process we have to look at what afford that type of thinking in terms of belief in this scheme has led Senator entity creates the risk. We are in one where we go over the next 4 years. MCCAIN, in the face of this crisis, to re- of the most precarious moments in our I look forward to those opportunities, peat the same old claim yesterday that financial history. What entity creates moving forward this week and the the fundamentals of the economy are perhaps a systematic risk, something next, to try to turn the course of where strong. Housing foreclosures are that creates such a widespread risk we are for all Americans and for our defying gravity, and he continues to that we have to look at that as an indi- Nation as a whole. make statements that defy reality. vidual case and determine whether Mr. President, I yield the floor. Great financial institutions collapse, there is a different governmental ac- The PRESIDING OFFICER. The Sen- and Senator MCCAIN has generally sup- tion to be recognized. ator from Connecticut. ported deregulation as the answer. In general, as we move forward, I cer- Mr. DODD. Mr. President, I will be That is like trying to say you want to tainly hope the legislation Senator very brief. take cops off the street to deal with a DODD and Senator SHELBY worked on I commend our colleague from New riot. together, that went through six filibus- Jersey, a wonderful member of the Sen- I have a real concern as we now move ters and a bunch of veto threats by the ate Banking Committee who has been forward. We are where we are as a re- President and finally got through into invaluable over the last 18 months as sult of economic and regulatory poli- law, is now actively pursued starting we confronted a morass of problems cies of the Bush administration that on October 1, which is when it goes that, as he very properly and accu- JOHN MCCAIN thinks are the sound into effect. We cannot have any of the rately points out, began building up underpinnings of a good economy and Bush administration agencies and reg- years ago. how we continue to move forward. It is ulatory entities involved not be ready This did not all of a sudden happen 18 unacceptable. That is not change. That to go on October 1 to start providing months ago. As I said so many times, will not change the course of where we relief on those hundreds of thousands this was not a natural disaster. This are headed in this economy. That will of foreclosures—not only for those fam- was avoidable. That is the great trag- not change the course of the con- ilies but at the same time to try to edy of all of this. Had we had regu- sequences to millions of Americans. make those performing loans so we can lators on the beat—as he describes it, This is not just about wealthy inves- prop up all of these functioning institu- cops on the beat—had the legislation tors. Look at the consequences. Look tions at the same time so all of us as that passed overwhelmingly in this

VerDate Mar 15 2010 15:17 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\BR08\S16SE8.000 S16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19118 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 September 16, 2008 Congress actually been enforced with Mr. WARNER. Mr. President, as the That is Senator Phil Gramm, whom I regulations promulgated dealing with distinguished chairman said, we have served with on the Banking Com- deceptive and fraudulent practices in some 90 amendments now cleared. Now mittee. He was the chairman of the the residential mortgage market as that the issue of going forward is also committee when I was first taking my many as 4 years ago—without a single at this time clear, there should be an place in the Senate. To hear Senator regulation, under the leadership of this impetus to move forward such that the Phil Gramm, who worked so closely administration, being promulgated—we package of 90-some can grow, hopefully with Senator MCCAIN—we assume, could have avoided the ‘‘no doc’’ loans, by 30 or 40, before close of business to- based on their long relationship and the liar loans, the subprime predatory night and possibly we can consider the positive things Senator MCCAIN has lending, luring innocent people into moving that as quickly as we can. We said, that he would play a major role in dreadful situations that these brokers are ready to assist all Senators with a new administration under JOHN and lenders knew they could never af- regard to their amendments filed and, MCCAIN, and he has said as well, in ad- ford to pay and then packaging them indeed, otherwise. We are here to try to dition to Senator MCCAIN repeating and branding them triple-A mortgages ascertain our ability to put them in a that the fundamentals of the economy and selling them off as quickly as they package that is cleared; if not, despite are strong, we also remember former wrote them to get paid off themselves the parliamentary situation, to help Senator Phil Gramm’s comment that and then pass on the responsibility to them secure a vote. this is just a psychological recession; it someone else. All of that history is re- The PRESIDING OFFICER. The Sen- is all in our minds. He said it is psycho- plete as to how this situation unfolded. ator from Michigan is recognized. logical and Americans have become a Now, of course, they want to avoid the Mr. LEVIN. Mr. President, we will, of nation of whiners—a nation of whiners. blame for the consequences—this crowd course, do our very best, working with I am wondering if people made it up does—for what happened. Senators, to add to this package. There or if they were hallucinating when The Senator from New Jersey laid it are some possibilities there. Again, I they lost their jobs this year; 605,000 out very well. The public needs to wish to alert Senators to the fact that Americans have lost good-paying jobs know that. They also need to know we are in a postcloture situation, this year, since this past January. what we should be doing together to which means they must be germane un- Were they hallucinating? Was this a get it right. We have a lot of work in less there is unanimous consent to the figment of their imagination? Is it a front of us to get it right, but in order contrary. Also, the parliamentary situ- figment of their imagination that they to get it right, we also have to ac- ation is such that it would require con- cannot make their mortgage payment knowledge what went wrong, and there sent. But as the Senator from Virginia or put food on the table or pay their is a long history of what went wrong wisely points out, we are going to do electric bill or go to the gas pump and here. our very best to not be limited to tech- be able to refuel with outrageously I welcome the remarks of my col- nicalities if we can get consent of the high gas prices? Of course not. Of league and thank him for his leader- body to obviate those technicalities. course not. ship and look forward to working with Mr. President, I suggest the absence We have seen the economy unfolding him. of a quorum. in a way so that only those who are I suggest the absence of a quorum. The PRESIDING OFFICER. The The PRESIDING OFFICER. The very wealthy, who have the ability to clerk will call the roll. clerk will call the roll. take their capital anywhere in the The legislative clerk proceeded to The legislative clerk proceeded to world, can succeed under this philos- call the roll. call the roll. ophy that has been in place, this Re- Mr. LEVIN. Mr. President, I ask Ms. STABENOW. Madam President, I publican philosophy of no account- unanimous consent that the order for ask unanimous consent that the order ability, no transparency, no one watch- the quorum call be rescinded. for the quorum call be rescinded. ing in the public interest as people The PRESIDING OFFICER. Without The PRESIDING OFFICER (Mrs. have made decisions that have under- objection, it is so ordered. MCCASKILL). Without objection, it is so mined pensions of working people. Mr. LEVIN. Mr. President, now that ordered. Heaven forbid, can you imagine if Leh- cloture has been invoked on our bill, THE ECONOMY man Brothers had been managing So- we are going to be working very hard Ms. STABENOW. Madam President, I cial Security payments for millions of with Senators who have germane come to the floor, as many of my col- senior citizens, which is, by the way, amendments that have not been leagues have on this side of the aisle, something else Senator MCCAIN wishes cleared to see if we can make progress to express my outrage and my amaze- to see happen, privatizing Social Secu- on such amendments. We not only re- ment at the continued comments of rity. quest that Senators who have such one of our colleagues, who is not here What we have seen is an undermining amendments come promptly to the but is running for President, Senator of the fundamentals of what has been floor to meet with us or our staffs, but JOHN MCCAIN, when even as Wall Street the strength of our economy—good we also have to recognize that any now is crumbling—we have seen the ac- jobs, not just supply, but supply and such amendment, if it is not in a tions of the last couple days—he con- demand, putting money in people’s cleared package, would require continues to say the fundamentals of the pockets so they can afford to take care sent, given the parliamentary situa- economy are strong. No matter what of their families and keep the economy tion. We have a cleared package al- caveats he puts on it, he says the fun- going. ready, which I think is upwards, per- damentals of the economy are strong. In addition to 605,000 people who have haps, of 90 amendments or so, which we That shows how out of touch he is, as lost their jobs since the beginning of would hope to add to before we offer it is the President whom he works with, this year, we had 3.5 million manufac- to the Senate by unanimous consent. George Bush, and those who support turing jobs lost, and counting, since After Senator WARNER has an oppor- this view that the fundamentals of the 2001, since President Bush came into tunity to speak, I think we will put in economy are strong. office. Madam President, 3.5 million a quorum call and do some other work I remember a while back coming to people were not hallucinating. It was we need to do in order to get to the the floor after comments were made, as not a figment of their imagination that next stage in this bill. Hopefully, we well, about at that time the chief eco- they lost their job and that their fami- can now move promptly on this bill nomic adviser for Senator MCCAIN. lies have been put into a tailspin as now that cloture is invoked. I thank Even though this person has now they are now trying to figure out where the Senator from Virginia for all he did stepped down—also a former col- they go from here to try to keep some to make that possible. league—from that position, we know he semblance of the American dream. The PRESIDING OFFICER. The Sen- is still very close to Senator MCCAIN The fundamentals of the economy are ator from Virginia is recognized. and is involved in his efforts and so on. strong, says Senator JOHN MCCAIN. We

VerDate Mar 15 2010 15:17 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\BR08\S16SE8.000 S16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 19119 are, in fact, looking at an example of you should make it while you can, and can afford to put food on the table and what it means to live under a philos- we are going to make sure we strip pay for the gas and be able to have ophy of President Bush, JOHN MCCAIN, away any public protections so your what we all expect as Americans that and the Republicans, and what actually ability is unfettered to do what you will be available to us if we work hard happens if their philosophy comes into want to do for yourself as opposed to and follow the rules. being, in terms of actions. what needs to be done on behalf of the We have had the same philosophy in For the first time, in the time I can American people. place, the same philosophy that has remember, we saw from 2001 until 18 If we don’t have a change in this brought us 8 straight months of job months ago a time when the House, the country, we are going to see the same loss, the same economic philosophy Senate, and the Presidency were all in failed blueprint with more of the same that has left incomes stagnant while the hands of the same party. We had a failed results, disastrous results. That families find themselves spending chance to see what they believe in, is why I believe so strongly we need a twice as much on the basics of their what are their values, what are their change in direction and a change of life. philosophies. values to put the American people Real household income is down. What we have seen is a philosophy first. Imagine, we were lower in 2007 than in that has raised greed to a national vir- Again, our colleague, Senator the year 2000. Incomes were lower in tue, that has viewed public regulation MCCAIN, who has said that the fun- 2007 than they were in 2000. We are in a and accountability in the public inter- damentals of the economy are strong, generation of having real concerns, and est, to protect public resources or pub- has worked to deregulate markets, has rightly so, that our children’s lives and lic funds, as something to be scoffed at called himself a deregulator. Unfortu- economic circumstances will not be as and to be unwound, to deregulate, to nately, it is those policies that have good as our own. make sure that the areas of Govern- gotten us to where we are today. The same philosophy has led to gaso- ment that have responsibility, that are This is the most serious financial cri- line inching upwards to $5 a gallon, and accountable for our financial systems, sis since the Great Depression. And the same economic philosophy that our monetary systems, our energy re- what is the plan at this point? To study leaves 47 million people without health sources and other areas, in fact, are the problem. Senator MCCAIN has said insurance, leaving them worried about not held accountable. today we should study the problem. whether their children will be cared for We have seen an administration and We don’t need another commission. when they are sick. The same philos- a Republican philosophy that doesn’t What we need are people who will make ophy has been in place since 2001 with work for the majority of Americans. It sure that the accountability, the over- this President with 6 years of no bal- works for a few. If you are one of the sight, the power that is here to stop ance and accountability, just one world folks who is out there trying to make price gouging, to bring oversight to view, 18 months of our coming in now sure you can make as much money as what is going on is actually used. It and slowing the trend down, working possible for yourself and your friends, hasn’t been used under this administra- hard to bring in some accountability, you may have done pretty well. But tion. For 6 of the last 71⁄2 years there even though there are unprecedented there has been no willingness to under- was every effort, in fact, to pull back Republican filibusters to stop us. stand the consequences for the major- on who was put on boards and commis- But we have seen a philosophy that ity of Americans or to accept any re- sions, the regulators, the overseers. has failed. We need to be taking ac- sponsibility to make sure that the ma- They essentially were made up of peo- tions to stop the fraudulent, risky, and jority of Americans can benefit from ple who didn’t believe in the mission, abusive lending practices, and that has the resources and opportunities and who didn’t believe they were there for been proposed over and over again. I wealth of this great country. the public interest. commend Chairman DODD of the Bank- This culture of greed and corruption, Right now we have a situation where ing Committee and Chairman BAUCUS supported by Senator MCCAIN and there are 84,000 Americans who lost of the Finance Committee and all those President Bush and others for 6 years their jobs last month, 90,000 Americans who have brought forward proposals running, has led to Enron. I remember who lost their homes last month. They that will make a difference. having people sitting in my office who don’t want another study. They don’t We need to modernize the rules for a had everything in their company’s pen- want another commission. They want 21st century marketplace that will pro- sion. They worked for Enron. They lost leaders who get it. They want leaders tect American investors and con- it all. They lost it all because of the who understand their role in this Gov- sumers. We have been proposing those schemes and the lack of accountability ernment of ours, this public trust we changes. We also know we have in and oversight. They lost everything in have, not on behalf of just ourselves place a series of mechanisms that their pension plans and they sat in my and our friends but on behalf of every- would hold special interests account- office and said: Thank goodness for So- body in this country, to make sure the able and be able to make sure that peo- cial Security because that is all I have rules are fair, that they are followed, ple’s incomes and pensions and the left. and that everybody has a chance to economy in general are protected. We The same folks who gave us the make it. That is what it is supposed to just haven’t used it. Enron debacle want to privatize Social be about. I stand with another colleague of Security, including JOHN MCCAIN. No- I am also reminded that Senator ours, Senator BARACK OBAMA, who has bid contracts, such as Halliburton in MCCAIN has chaired the Commerce said if you borrow from the Govern- Iraq; continual tax cuts only for the Committee and oversaw a massive de- ment, you should be regulated. There wealthiest Americans; weak oversight regulation scheme that gutted our should be public accountability, trans- of public industries, regulated indus- oversight of these markets. Where is parency, if you are borrowing from the tries, regulated in the public interest; a the accountability? Instead of pro- Government. If we want to stop abuses disregard for the Constitution; and now tecting consumers and preventing of the public trust, we need to have the latest economic crisis we see. abuse, the special interests ruled. And openness, we need to know what is Fundamentally, the question is: Who CHAIRMAN MCCAIN oversaw that effort. going on in the markets, we need to are we as a country and do we want to The same economic philosophy of the know what is going on. If we want to continue these failed philosophies? Bush administration joined by Senator protect the American people, we need That is not by accident. I suggest this MCCAIN for the last 8 years has been to to regulate dangerous practices, such is the result of a world view, a set of give more and more to those who have as predatory lending. values and philosophies that does not the most, ignore the ability of others We know there is so much that we put the majority of Americans and our to make sure they can have what they need to do right now. First is to ad- country first, but basically puts in have earned—their job, their pension, dress the hole we are in economically, place the idea that greed is good and that Social Security is strong, they and the next is to stop digging, stop

VerDate Mar 15 2010 15:17 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\BR08\S16SE8.000 S16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19120 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 September 16, 2008 making it worse. Stop tax breaks for Mr. TESTER. Mr. President, are we right thing for the family. That is why those who have already done so well, on the Defense bill or in morning busi- I have offered this amendment. Again, even in these terrible circumstances. ness? I thank Chairman LEVIN and Senator We need to make sure we are focusing The PRESIDING OFFICER. We are WARNER for working together to help on those who have worked so hard all on the Department of Defense bill get this amendment into the managers’ their lives, and their families who are under cloture. package. looking for the opportunity to be suc- Mr. TESTER. Mr. President, I want Mr. President, I yield the floor, and I cessful in America. They want to know to take a moment to thank Chairman suggest the absence of a quorum. they are going to have a fair chance to LEVIN and Senator WARNER for their The PRESIDING OFFICER. The do that, that the rules are going to be willingness to work with me on the clerk will call the roll. fair, they are not going to be stacked amendment that has been accepted The bill clerk proceeded to call the against them and in the interest of a into the managers’ package. This roll. special few, which is what has been amendment provides some additional Mr. SANDERS. Mr. President, I ask happening since 2001 over and over. comfort to family members whose unanimous consent the order for the Let me go back to my original com- loved one is killed while serving in the quorum call be rescinded. ment and look at the 3.5 million manu- military by allowing the Defense De- The PRESIDING OFFICER. Without facturing jobs lost since 2001. Our col- partment to pay for travel to a memo- objection, it is so ordered. league, JOHN MCCAIN, says the fun- rial service honoring a servicemember Mr. SANDERS. Mr. President, I ask damentals of the economy are strong. I killed on Active Duty. to be able to speak as in morning busi- beg to differ. The fundamentals of the Currently, the law allows for the ness. economy for Americans working hard services to provide transportation of The PRESIDING OFFICER. Without every day making a paycheck, trying family members to a burial service of a objection, it is so ordered. to make ends meet, worrying about servicemember killed on Active Duty. THE ECONOMY whether they are going to have a job, Although the law makes this vol- Mr. SANDERS. Mr. President, this health care, send the kids to college, untary, the services, much to their week we have learned that Lehman put food on the table, pay for the gas credit, all make this travel available to Brothers, one of the oldest financial in- and all the other things, for them the the families. However, current law does stitutions in our country, an invest- economy is not strong. not allow travel to memorial services. ment bank that has survived two world People are working too hard, making With many families split up over long wars and a Great Depression, has prov- too little, and paying too much every distances, this can be particularly en that even it could not survive 8 long day, and we do not need another study painful when a parent or sibling of one years of deregulation and lax oversight or another commission. We need lead- of our fallen heroes cannot afford to by the administration of George W. ers who get it, who have the right val- travel to a memorial service held by a Bush. It is going bankrupt. ues, who understand, who have the in- unit or even other members of the fam- Yesterday we also learned that the testinal fortitude to stand up and fight ily. Although some charity groups have beleaguered Merrill Lynch, the largest for the American people, the middle- been able to help these families attend brokerage firm in this country, will be class families who are sick and tired of memorial services for their fallen loved bought out by Bank of America, the what has been going on. ones, when servicemembers die in serv- largest financial depository institution I can tell you, coming from the great ice to their country, it is this country’s in this country. Now we are also learn- State of Michigan, the people of Michi- moral obligation to help their families ing that AIG, the largest insurance gan have had enough. We have had in every possible way. company in the United States, and enough. We can’t take more of this. We This amendment would allow the Washington Mutual, the largest sav- can’t take 4 more years of this. We Secretary of each service to allow fam- ings and loan association in this coun- can’t take 4 more days of this. We have ily members of fallen heroes to attend try, are also in deep financial trouble. had enough. But to change it, I believe one memorial service as a way of help- The list of troubled banks that the strongly that we need to understand ing to honor those who give the ulti- FDIC maintains is growing larger and this is not just an accident that we are mate sacrifice—their lives—to our Na- larger. where we are. It is a conscious philos- tion. It would be voluntary. The serv- In addition, last week, to avert a ophy. It is actions and inactions that ices do not have to participate, but at complete mortgage meltdown, we saw have been taken by those in charge—by least they would have the option, the Bush administration bail out this President, supported by Senator which is something they currently do Fannie Mae and Freddie Mac, putting JOHN MCCAIN, supported by Repub- not have. tens, if not hundreds, of billions of dol- licans in the House and the Senate— Earlier this year, a constituent of lars of taxpayer dollars at risk. Earlier that have created the situation that mine suffered the loss of his son. He this year, we saw the Federal Reserve has fostered the circumstances in died in a hospital in Canada after being orchestrate the takeover of Bear which we find ourselves. injured in Iraq. He was on a transport Stearns, a deal backed by $30 billion in We can’t do this anymore. We need to flight from Germany to Walter Reed taxpayer dollars. make sure government works for real when his condition worsened and the At the same time, Americans are people, real people who have had plane diverted to Halifax. When my still paying outrageously high prices at enough. I can’t say it more strongly: constituent’s ex-wife sought to have a the gas pump. Prices are still over $3.50 We have to stop traveling down the memorial service for their son in Phoe- a gallon, even though the price of oil is road we are on, following this philos- nix prior to the burial at Arlington Na- now down to almost $90 a barrel. Every ophy that has run us into extremely tional Cemetery, the Army had to tell little hiccup to send gas prices up or dangerous economic territory. the man, whose son had given his life down with virtually no connection to Mr. President, I yield the floor, and I for our country, that the country could real supply and demand indicators. suggest the absence of a quorum. not help him attend that memorial Up to this point, the Republicans in The PRESIDING OFFICER (Mr. service. the Senate have prevented us from tak- MENENDEZ). The clerk will call the roll. I think we can do better. I think we ing any real action to rein in those The bill clerk proceeded to call the should do better. This amendment will volatile energy markets, so oil could be roll. allow us to do better. down this week, but any kind of rumor Mr. TESTER. Mr. President, I ask When a soldier or marine or airman or instability, whether man made or unanimous consent that the order for goes to war, the whole family goes to natural, could send those same prices the quorum call be rescinded. war. When a servicemember gives the soaring again. The PRESIDING OFFICER. Without ultimate sacrifice and is killed in serv- I think it is important the American objection, it is so ordered. ice to our Nation, we need to do the people understand why we got to where

VerDate Mar 15 2010 15:17 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\BR08\S16SE8.000 S16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 19121 we are today; why we are in a situation islation was responsible for deregu- former Senator Gramm, and for that where millions of workers are fearful lating the financial services industry matter Senator MCCAIN, says that the about being able to heat their homes in by completely repealing the Glass- people of this country should simply the wintertime while workers all over Steagall Act. stand back and allow executives in this country are finding it very dif- Now, I was a Member in the House of Wall Street boardrooms to make deci- ficult to fill their gas tanks. Is what Representatives at the time. I was a sions with no public oversight that occurred simply bad luck? Are we at member of the House Banking Com- have the potential of wrecking our the bottom of the so-called business mittee when this legislation was being economy. In other words, deregulate cycle? How do these happenings occur debated. I remember that debate very them, let them do whatever they want to what was once the strongest econ- well because I was in the middle of it. in order to improve their bottom line, omy in the world with the greatest Let me tell you, I do not mean to be and the Government does not have to middle class? patting myself on the back, but I think watch to see what the implications of If we take a deep look at what is it is important to take a little bit of a their decisions are for our country or going on in terms of the financial crisis look at recent history. for our taxpayers. we are suffering through today and the This is 1999 during the debate. This is I disagree with Senator Gramm’s per- volatile energy prices we are suffering what I said as a member of the House spective. People who want to gamble through today, we can understand that Banking Committee: their own money are certainly welcome both are the result of deliberate policy I believe this legislation will do more harm to do that. But when your actions have decisions made by the Congress and the than good. It will lead to fewer banks and fi- the ability to dry up credit for busi- administrative negligence on the part nancial service providers, increased charges nesses all over our country, when your of the Bush administration. These de- and fees for individuals, consumers and small actions can dry up mortgages for peo- liberate policies were the result, to a businesses, diminished credit for rural Amer- ple who desperately want to buy a ica, and taxpayer exposure to potential significant degree, of the power and in- home or stay in their home, when your losses should a financial conglomerate fail. actions depress the value of Americans’ fluence of corporate lobbyists—who It will lead to more mega mergers and a also make huge campaign contribu- savings, we need public oversight, and small number of corporations dominating it should be strong oversight with the tions—representing some of the most the financial service industry and a further powerful special interests in the world, concentration of economic power in our primary mission being to protect the whether it is big oil, big coal or wheth- country. American public from the reckless er it is the largest financial institu- Unfortunately, that is exactly what greed that has brought us to where we are today. tions in the world. is happening today, and I would much In former Senator Gramm’s world What these lobbyists fought for and prefer to have been wrong than right. view, when it comes to protecting the secured was selling deregulation snake But on the other hand, former Senator American consumer and the safety and oil, deregulation snake oil backed with Phil Gramm—who I should mention to soundness of our financial institutions, millions in campaign contributions. you has been Senator MCCAIN’s top Government is not the answer, Govern- That is what I think is the overlying economic adviser—at that time had a ment is the enemy, Government is ter- issue as we look at the financial crisis very different opinion of the legislation rible. But when banks fail, all of a sud- facing Wall Street and the soaring and which bears his name. Senator Gramm den, guess what happens. The Govern- volatile prices in terms of oil. at that time said something very inter- ment has no choice but to intervene to All too often when bad things happen esting about that piece of legislation. prevent the entire economy from col- because of failures here in Washington, This is what he said: lapsing. The Gramm-McCain version is both parties generically blame it on Ultimately the final judge of the bill is his- one where profits are private, going to the other and no one stands up and tory. Ultimately, as you look at the bill, you the very wealthiest people in this countries to point out what, where, why have to ask yourself, will people in the fu- try, but risk is public, being assumed, and, most importantly, who is behind ture be trying to repeal it? I think the answer will be no. by and large, by the middle-class and these bad policies. As an Independent, I working people of this country. It is so- Well, put me down as a Senator who think that breeds a cynicism and an cialism for the very rich, and free en- believes we need to repeal Gramm- anger and a frustration on the part of terprise for everyone else. the American people about the polit- Leach-Bliley. Put me down as a Sen- Unfortunately, former Senator ical system of our country. ator who believes we need to restore Gramm was not satisfied by having set Well, in this case, I think the Amer- strong Government oversight of the up the dominos in 1999 that made our ican people deserve a little more of an banking industry. Put me down as current financial crisis possible. In explanation. It has been their hard- someone who believes we need to have 2000, he decided his loot-and-burn eco- earned dollars that have been need- firewalls in the financial services sec- nomics had to be applied to the energy lessly spent on $4 a gallon gasoline. It tor so that we do not have the domino markets as well now. This is an is their retirement savings and, my effect we are seeing right now. achievement. First you go after de- God, I wonder all over this country the There was a reason Congress enacted regulating the financial markets, and kind of frustration that exists today reforms of the banking industry in the then you move to energy. And out of with the volatility in the stock market 1930s, and that was because we did not his efforts in energy, of course, the so- going down 500 points yesterday and want to repeat the mistakes that called Enron loophole was born. Sen- what people are worried about, whether caused the Great Depression. Failing to ator Gramm, who was then Chairman their 401(k)s are going to be worth very have learned from our mistakes, it of the Banking Committee, was one, if much in the future. These are very looks as if we are doomed to repeat not the main proponent of the provi- frustrating times for the American them. sion deregulating the electronic energy people. The lesson here is that left to their market that we now know as the Enron In the case of both of these current own devices, company executives will loophole. crises, the financial services and en- make poor decisions and put their in- Was this done through a deliberative ergy crisis, one of the major actors and vestors’ capital at risk. The important process with debate and hearings? Ac- perhaps the main actor in creating lesson here is that poorly regulated fi- tually, no, it was not. This very impor- what we have seen today is a former nancial markets invariably endanger tant provision was slipped into a mas- Senator from Texas named Phil the health of the entire economy and, sive unrelated bill with no discussion Gramm. In terms of our financial cri- of course, as this world becomes more and no hearings, and the American peo- sis, one of the reasons we are in the and more interlocked, in fact, the ple today are paying the price for that. mess we are in today is because of the economy of the entire world. The Federal agency that oversees enactment of the Gramm-Leach-Bliley In that context, the extreme eco- those energy markets was the Com- Act in 1999. As you may recall, this leg- nomic ideology of people such as modity Futures Trading Commission,

VerDate Mar 15 2010 15:17 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\BR08\S16SE8.000 S16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19122 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 September 16, 2008

the CFTC. Conveniently, the head of economy are strong, while they talk issues. That is certainly JOHN MCCAIN’s that agency at the time was a Wendy about how robust things are, the re- strategy. Who can blame him? Gramm. Yes, you guessed it, it was his ality is the middle class in this country JOHN MCCAIN claims to be offering wife. And Wendy Gramm had become is collapsing. And if we do not make change. But on issue after issue, he is head of the CFTC after being on the the kind of bold changes we need to offering more of the same—more tax board of directors of, well, you guessed make, for the first time in the modern breaks for the very rich, more unfet- it, the Enron Corporation. Even Holly- history of America our children will tered free-trade agreements that will wood could not come up with a plot have a lower standard of living than we cost our country millions of good-pay- quite so transparent. do. ing manufacturing jobs, more tax The result of this deregulation of the We are looking at the American breaks to big oil companies ripping off energy markets has, according to many dream as an American nightmare. We the American consumer at the gas experts who have testified before Con- are moving in the wrong direction eco- pump; in other words, more of George gress, allowed speculators on unregu- nomically as well as in so many other Bush’s failed policies that have led to a lated markets to artificially drive the areas. collapse of the middle class, an in- cost of a barrel of oil up to over $147 a Since President Bush has been in of- crease in poverty, and a wider gap be- barrel. fice, nearly 6 million Americans have tween the very rich and everyone else. My colleagues, including Senator slipped out of the middle class and into JOHN MCCAIN and George Bush may DORGAN and Senator CANTWELL and poverty. How do you think the fun- be right in one respect: If they are many others, have laid out the way damentals are strong when 6 million talking about the wealthiest people that speculators have driven up oil more Americans enter the ranks of the and the most profitable corporations, prises in many well-researched presen- poor? Since Bush has been in office, the economy is fundamentally strong. tations here on the floor and a number over 7 million Americans have lost Things could not be better for those of Senate committees. I applaud them their health insurance. Now well over people, that small segment of our soci- for their leadership. But all of this 46 million Americans are without any ety. In fact, one can make the case— speculation and all of the millions and health insurance at all, and even more and economists have—that the wealthi- billions of dollars that Americans have are underinsured. Does that sound like est people have not had it so good since spent on exorbitantly priced gasoline the fundamentals of the economy are the robber baron days of the 1920s. Right now—this is really quite an as- would not have happened if it had not strong? been for the efforts of Senator Gramm Since President Bush has been in of- tounding fact—the top one-tenth of 1 pushing through the so-called Enron fice, over 3 million manufacturing jobs percent of income earners earn more loophole. have been lost, total consumer debt has income than the bottom 50 percent. That gap between the people on top, As central as Senator Gramm was in more than doubled, median income for creating the financing and energy dis- who are busy trying to build record- working-age Americans has gone down asters we are currently facing, he was breaking yachts and all kinds of over $2,000 after adjusting for inflation. aided and abetted by the Bush adminis- homes, busy buying jewelry that is un- They do not get or do not care that tration’s willingness to simply look the believably expensive—one-tenth of 1 prices on almost everything we con- other way. Even with all of the harm percent earn more income than the sume are going up and up and up. that has been done to the economy, bottom 50 percent—that gap is growing Today the typical American family is President Bush still refuses to ac- wider. Also the top 1 percent own more paying over $1,700 more on their mort- knowledge it. One wonders what world wealth than the bottom 90 percent. We gages, $2,100 more for gasoline, $1,500 he is living in. as a nation have the dubious distinc- more for childcare, $1,000 more for a And, shockingly, Senator MCCAIN is tion of having the most unfair distribu- college education, $350 more on their singing from the same song sheet. On tion of wealth and income of any major health insurance, and $200 a year more September 15, Senator MCCAIN said: country on Earth. for food than before President Bush The fundamentals of our economy are The wealthiest 400 people have not strong. was in office. only seen their incomes double, their In addition, home foreclosures are Does that sound familiar? Well, it net worth has increased by $640 billion the highest on record, turning the should. Since 2001, President Bush and since President Bush has been in office. American dream of home ownership members of his administration have re- Can we believe that? The wealthiest 400 into the American nightmare. The un- peatedly described the economy as Americans have seen their net worth employment rate has skyrocketed. strong and getting stronger: Thriving, increase by $640 billion since George robust, solid, booming, healthy, power- Since January of this year, we have Bush has been in office. Today, the ful, fantastic, exciting, amazing, the lost over 600,000 jobs. Adding insult to richest 400 Americans are now worth envy of the world. injury, the national debt has increased over $1.5 trillion. At the same time, we Those are the adjectives used by the by over $3 trillion, and we are spending have the highest rate of childhood pov- President and members of his adminis- $10 billion a month on the war in Iraq, erty; 20 percent of our children live in tration over the last 8 years. What making it harder and harder to do any- poverty. We have working families lin- economy are they looking at? The fact thing to help the struggling middle ing up at food banks because they don’t is, when it comes to the economy, Sen- class. earn enough to pay for food. ator MCCAIN and President Bush do not Is it any wonder that Rick Davis, Apparently, all of that is not good get it. Is it a surprise to anyone that Senator MCCAIN’s campaign manager, enough for Senator MCCAIN and for Senator Gramm, who, until fairly re- recently said: ‘‘This election is not President Bush. They insist that those cently, was Senator MCCAIN’s major about issues’’? If my economic policies tax breaks be made permanent. In economic adviser on his campaign, de- were to follow President Bush’s and the George Bush’s and JOHN MCCAIN’s scribed Americans as ‘‘a nation of economy was in a state of near reces- world, those are the Americans who are whiners’’ who are suffering through a sion and unemployment was up and struggling. The wealthiest 400 Ameri- ‘‘mental recession’’? median family income went down and cans just can’t make it on $214 million Was it a surprise? What is surprising more people were losing health insur- a year. It must be pretty hard to scrape is that Senator MCCAIN is trying to ance and more and more people were in through and get the food and shelter a pass himself off as a maverick when he debt, the foreclosure rate at the high- family needs, so obviously those are looks to the same people, people such est rate in American history, if all the guys who need a tax break. as Senator Gramm, who laid the those things were happening, I would We have had almost 8 years of Presi- groundwork for our current economic certainly also run on a campaign not dent Bush’s economic policies. They problems. having anything to do with issues follow, of course, 8 years of the policies While Senator MCCAIN and President whatsoever. That is what I would do. I of President Clinton. I think it is im- Bush think the fundamentals of our would run away from all of those portant to say a word to compare what

VerDate Mar 15 2010 15:17 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\BR08\S16SE8.000 S16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 19123 happened during those two administra- banker in the country. Countrywide credit? Come to us, we will give you a tions. had an advertisement that said: Do you mortgage. You don’t want to document I happened, as a Member of the have less than perfect credit? Do you your income, that is OK. Bad credit House, to have disagreed with Presi- have late mortgage payments? Have and no documentation. And by the dent Clinton on a number of issues. But you been denied by other lenders? Call way, we will give you a 1.25-percent in- I think when we look at his overall us. terest rate. economic record and contrast it to the Countrywide Bank, the biggest bank All of us, when we were kids, went to overall economic record of President of its type in America, saying, essen- western movies from time to time. In Bush and the policies Senator MCCAIN tially: You have bad credit? You need virtually every movie, they had the would like to follow, the record speaks money? Call us. Most people would guy who came into town with a couple for itself. probably hear that, as I did over the old mules driving a slow wagon. He Take a look at job creation, how years, and think: How can they do wore a silk shirt and striped pants, and many new jobs have been created. that? How does that work. You adver- he was selling snake oil. It cured every- Under President Clinton, almost 23 tise that if people have bad credit, they thing from hiccups to the gout. He was million new jobs were created. That is ought to come to you. selling snake oil from the back of his a pretty good record. Did every one of Here is Millenia Mortgage. They said: wagon. This is not in an old western. those jobs pay the kind of wages we Twelve months, no mortgage payment. These are companies on the Internet, would like? No. But nonetheless, al- That’s right. We will give you the money to on television, on radio. most 23 million new jobs were created make your first 12 payments if you call in I go back to Countrywide, the largest in Clinton’s 8-year term. Under Presi- the next 7 days. We pay it for you. Our loan mortgage broker. Do you have less dent Bush, less than 6 million jobs have program may reduce your current monthly than perfect credit? Come to us. We payment by as much as 50 percent and allow want to invite you, get a mortgage been created. you no payments for the first 12 months. Call Under President Clinton, more than 6 from us. That is what happened. us today. Now the stock market collapses on million Americans were lifted out of Here is a mortgage company saying: Monday. What is the relationship? The poverty and into the middle class. Come on over here, get a mortgage relationship is that our economy is Under President Bush, the exact oppo- from us. We will give you a home mort- reeling from the wreckage of the site has occurred. Nearly 6 million peo- gage. You don’t even have to make the subprime loan scandal. What does that ple who were in the middle class have first 12 months’ payment. We will mean, subprime loans? All of this been forced into poverty. Under Presi- make it for you. They don’t, of course, starts with some brokers out there who dent Clinton, median family income say here that what they will do is stick are selling mortgages. Then they sell went up by nearly $6,000. That is a lot that on the back of the mortgage and to it a mortgage bank, and then the of money. Under President Bush, me- add interest to it. But that is what mortgage bank securitizes it and sells dian family income is going down. they are advertising. it up to a hedge fund, and the hedge The Republican Party for years has Here is Zoom Credit. All of these are fund probably sells to it an investment told us they are the party of fiscal re- television, radio ads. They said: bank. What they do is, they loan sponsibility above all. Yet, under money to people with bad credit and President Bush, the national debt has Credit approval is just seconds away. Get on the fast track at Zoom Credit. At the provide no documentation or they loan increased by more than $3 trillion. speed of light, Zoom Credit will preapprove money to people with good credit and Under President Clinton, we had Fed- you for a car loan, a home loan or a credit give them teaser rates with resets and eral surpluses as far as the eye could card. Even if your credit’s in the tank, Zoom prepayment penalties that the people see. Under President Bush, we have had Credit’s like money in the bank. Zoom Cred- can’t possibly pay 3 years later and set Federal deficits as far as the eye can it specializes in credit repair and debt con- them up for failure and then sell these see. solidation too. Bankruptcy, slow credit, no credit—who cares? loans in a security. As they used to There is a clear choice to be made pack sawdust in sausage, they pack bad this year. That choice is, does Govern- That is what Zoom Credit was saying loans with good loans. They slice them ment work for all of the people, for the to customers. You got bad credit, you and dice them and sell them up the middle class, for working families, for have been bankrupt, who cares? Come stream. people who are struggling, or do we and get a loan from us. They say: We So now you have loans, a cold call to continue to develop policies which rep- don’t care if you have bad credit. a person who had a home by a broker resent the people on the top who, in In fact, here is what they also say: saying: You are paying 6 percent inter- fact, have never had it so good since Get a loan from us. We will give you est rate on your home mortgage? We the 1920s? what is called a ‘‘low doc’’ loan or a will give you one for 1.25 percent. We The future of our country is at stake. ‘‘no doc’’ loan. If you have bad credit, will dramatically reduce your home I personally believe we cannot afford 4 we will give you a ‘‘low doc,’’ which mortgage monthly payment. And by more years of President Bush’s poli- means we will give you a home mort- the way, we are not going to emphasize cies. gage and you don’t even have to docu- this—in fact, we may just mention it in I yield the floor. ment your income for us. You don’t a whisper—ultimately, it is going to The PRESIDING OFFICER (MR. have to prove your income to us. That reset, and it will be 10 percent in 3 SALAZAR). The Senator from North Da- is called no documentation. Bad credit, years. And by the way, you don’t have kota. come and get a loan from us. No docu- to document your income. At any rate, Mr. DORGAN. Mr. President, the mentation, that is OK. It is unbeliev- you can’t pay with your income at a 10- wreckage all of us observed yesterday able and unbelievably ignorant. percent rate in 3 years, but it doesn’t and the consequences of a 504 point I pulled this off the Internet. Perfect matter, you can sell that home and flip drop in the stock market and the con- credit not required. No-income- it between now and then. Don’t worry cern in this country about its economic verification loans. Pretty interesting, about it. That is the kind of thing that future can be traced to a lot of things. isn’t it? Come and get a mortgage from was going on with an unbelievable I wish to talk about some of them for this company. You don’t have to verify amount of greed—with the brokers, a few minutes. I want to show a couple your income, and you don’t need per- with the mortgage companies, with the charts that describe some of the origin fect credit. Here is a company on the hedge funds, the investment banks, all of what has weakened this economy, Internet that wants to give you a home grunting and snorting and shoving in and then I will talk about how this all loan. It says: You can get 5 years’ fixed the hog trough here. They were making happened. payments with a 1.25-percent interest massive amounts of money, and the Almost everyone in this country in rate. That is interesting, isn’t it? Of whole thing collapsed, just collapsed. recent years has seen ads like this from course, it is a sham, the 1.25-percent in- Now, how does it happen that it helps Countrywide, the biggest mortgage terest rate you get to pay. Again, bad cause a bankruptcy in France or a

VerDate Mar 15 2010 15:17 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00026 Fmt 0686 Sfmt 0634 E:\BR08\S16SE8.000 S16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19124 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 September 16, 2008 bankruptcy in Italy or a 504-point drop don’t watch, don’t care. As a result, in economy and as a result of this admin- of the stock market here in the United virtually every single area, we saw this istration’s decision that regulation is a States on Monday and so many other kind of greed and unbelievable activity four-letter word. I have news for them: failures? Bear Stearns doesn’t exist develop across this country. Regulation has more letters than four, anymore, Lehman Brothers is going So now we went through this period and regulation is essential to the func- bankrupt. I could go through them all. with a housing bubble built up with tioning of this kind of Government. How is it that all of this is happening, these subprime mortgages, and then we I think free markets are very impor- all of this carnage and wreckage as a saw the whole thing go sour and people tant. I believe in capitalism and the result of this greed? wonder why. It is not surprising at all free market system. I don’t know of a Let me go back just a bit. Two that it went sour. What is surprising to better allocator of goods and services things, it seems to me. No. 1, there are me is how so many interests got than the marketplace, but I also under- a bunch of folks who were fast talkers sucked in by this and how unbelievably stand the marketplace needs a regu- who decided they were going to sell damaging it has been to the American lator. There need to be regulators who Congress on financial modernization. economy. make certain that when the market- We have learned this lesson. This les- How could they have missed what place gets out of whack, somebody son existed in the 1930s. In the Roaring was going to happen here? We had some calls it back in. Regulators are like Twenties, it was ‘‘Katy, bar the door,’’ of the biggest investment banks in the referees, except these regulators in this anything goes, and the economy col- world that were buying securities that administration had no striped shirts lapsed into a Great Depression. Frank- had bad value mixed in with securities, and no whistles to call fouls because lin Delano Roosevelt, with the New and they didn’t know it, they say. they didn’t think anything represented Deal, said: This isn’t going to happen Where is the due diligence? How on a foul. It was ‘‘let the buyer beware.’’ again. Banks were failing. Banks were Earth could that have happened? Now, what happens next? Well, re- closing. Depositors couldn’t get their Now, there is a kind of a no-fault grettably, none of us know. We don’t money. Franklin Delano Roosevelt and capitalism and no-fault politics going know what will happen after yesterday. the New Deal repaired that economy by on around here. No-fault capitalism— We don’t know what will happen the saying: We are going to separate com- all of those folks who said: Get Govern- rest of the week. We don’t know what mercial banking institutions from ment off my back. We want to run else is there. Some say the biggest other risky enterprises. We are not these big enterprises the way we want reset of mortgages will occur in the going to let banks get engaged in real to run them. Then they run them into fourth quarter of this year, which is estate and securities and insurance. We the ground, and they need to have the very soon now. We don’t know the con- are not going to do that because this is Federal Reserve Board open—for the sequences of all of this because this the very perception of safety and first time in their history—a window was a spectacular, unbelievable trail of soundness. Safety and soundness deter- for direct lending to investment banks greed that, in my judgment, has dra- mines whether a bank is safe and just as they do to regulated banks. matically injured this country. sound. If you injure that perception by Why? Because they were worried they What is important now is for us to fusing risky enterprises—real estate, were too big to fail. If an enterprise try to create some sort of a net to for example, and securities under- such as that is too big to fail, why is it catch this economy and then put it writing—with traditional banking too small to regulate? Why is it that back on track with really effective reg- issues, you do a great disservice to this all of the regulators sat on the side- ulation—and decide that we are going country’s economy. So they were sepa- lines while something that most people to have sound business principles and rated with the Glass-Steagall Act, for don’t even know about—$40 trillion in we are going to relearn the lessons of example. value of credit default swaps were out the past. We shouldn’t have to relearn In 1999, the Financial Modernization there, and much of it is as a result of them, but we will. We understood the Act was passed. I was one of eight dramatic borrowing and leverage. It is lesson from the 1930s. We taught it in Members of the U.S. Senate to vote a house of cards with a big wind com- our colleges, about the fundamentally against it because it repealed the ing, and that wind can play havoc with unsafe condition of merging risk with Glass-Steagall Act. Oh, they all prom- this financial house of cards. banks. Yet, I can recall when it was ised firewalls. It didn’t mean a thing. I So the no-fault capitalism portion of sold to the Congress as financial mod- warned then, and I warn again now: it is that they do what they want to ernization. It was the big shots getting These are the significant consequences do—make a lot of money. We all know their way, and we all pay a dramatic of forgetting the lessons of the 1930s what the compensation has been: unbe- penalty for it. which are going to haunt us, and they lievable money for those at the top ‘‘The economy is strong,’’ my col- are haunting us. who are running these organizations. leagues have said. Senator MCCAIN— So what happens is they not only Then it takes a nosedive, and a bunch and I wouldn’t normally mention him passed a Financial Modernization Act of our bankers and others convene in on the floor of the Senate. He is out which repeals Glass-Steagall and the New York and they just say: All right, there running for the Presidency. But very things we put in place to protect who are we going to save, who are we since Senator MCCAIN grabbed pictures against this sort of thing—the min- going to prop up, or who are we going of me and several others and put them gling of risky enterprises with bank- to give a direct loan to? That is no- in television commercials to suggest, ing—they not only do that, but George fault capitalism. No-fault politics: It is here is what is wrong, perhaps maybe W. Bush wins the Presidency and he all of those who were running around it is OK for us to say what is wrong are comes to town and he appoints regu- here thumbing their suspenders saying: those who were such cheerleaders for lators—i.e., Harvey Pitt to run the Se- Well, we have to deregulate, we have to taking apart that which was to protect curities and Exchange Commission, do this and that. Let’s ignore the les- this country in the first place—Glass- just as an example. What is the first sons of the 1930s. Let’s get rid of Glass- Steagall and others. They knew bet- thing he says when he gets to town? He Steagall. Let’s let commercial banks ter—should have known better—and says: You know something, you should get engaged in securities underwriting what is wrong is those who aided and understand that the Securities and Ex- and other risky activities. All of those abetted and carried the wood in the change Commission is a business- folks are now saying: Well, that is not last 7 years to say to regulators: Don’t friendly place now. Right. Well, that is what caused this problem. In fact, they bother regulating. Get your paycheck. what happened in virtually every area are still strutting their stuff saying the We will give you a paycheck. Just be of regulation. People were appointed economy is strong. friendly. Don’t regulate. Don’t look. who didn’t have the foggiest interest in The economy is not strong. The econ- Those who did that did a great dis- regulating. The whole mantra was to omy is dramatically weakened as a re- service to this country, in my judg- deregulate everything: Don’t look, sult of what these folks did to the ment.

VerDate Mar 15 2010 15:17 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\BR08\S16SE8.000 S16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 19125 Now, I recognize this is not a polit- spouse says: How did you do today, us—me, George Washington, Ben ical system in which one side is always honey? Well, pretty well. This month, I Franklin, Mason, Madison, and Jeffer- all right and one side is always all made $250 million. That is a far cry son. wrong. That is not the case. It just is from what most American working In the rearview mirror of history, not. Both political parties for a long people would understand or accept, in that was some of the greatest human time have contributed much to this my judgment. When you see what is talent ever assembled, and this country country. But I would say this: We have happening at the top compared to what was given leadership. Every generation been through a period that I think is is happening to the rest, there is some- asks, where will the leadership come devastating to this country’s economic thing wrong with this economy. from? If ever there was needed new future. A lot hangs in the balance. Now, I have just described in some leadership to step forward and say we I think if the American people want detail what happened to cause this need a new way, not the old way, we more of the same, then they can sign subprime collapse. To most people—it need to put America back on track, to up for that. They can say: Well, we is a term that is almost foreign— get our grip and our traction, it is now. kind of like what is going on here. We subprime lending. Yet much of it is at I think our economy is in significant like the notion that regulators were the root of the dramatic problems we peril. I know what happened to it. The told not to regulate and complied ag- now have: the failure of investments, question is, how do we fix this mess? gressively. We like the notion that we the difficulty of all kinds of institu- How do we deal with the wreckage? I have nearly 700,000 people who have tions that loaded up with this. Why did hope the debate we have—let me just lost their jobs just since the first of they load up? Because the people who say in this discussion about running for this year. We think that has gone real- sold these subprime mortgages put pre- President, I have seen so much dishon- ly well. We like the fact that the price payment penalties in them. They load- esty with respect to the television of oil doubled from July of last year to ed them with very low interest rates at commercials that have been run and July of this year. We think that is just the front end and then a reset to very the making of issues and about the fine. If people really believe that—we high interest rates on the back end—in phrases that are used. It is unbeliev- like all of these things—there is cer- most cases, 3 years—and then put pre- able to me. The one thing I will say I tainly a way to continue that, and that payment penalties in so you couldn’t admire is that BARACK OBAMA—whom I is just to say to all those who are run- get out of it. So when they securitized have campaigned with in this coun- ning in support of President Bush’s it and sold the security upstream to try—is talking about the future, about policies: Boy, let’s just keep doing it. the hedge funds and the investment issues, and he is talking about raising But it seems to me—the old law says banks, they looked at that and said: up this country, which I think is so im- when you are in a hole, stop digging. It This is really good. We have a huge, portant at this point. We need that seems to me the American people un- built-in, high income from these mort- leadership now. derstand that very well. gages, and the borrower can’t get out Mr. President, with that, I am going It is time now—long past the time— of it because there is a prepayment to speak later this week on some other for this country to get back to fun- penalty. That is why they paid pre- issues. I wanted to talk today about damentals and for the American people miums for it. That is why they all the issue of the two points that I think to insist from their Government the thought they were getting rich. It was have dramatically weakened this coun- kind of responsibility that Government unfettered greed. They all made money try: One, the salesmanship of the Fi- should manifest in terms of its respon- in the short term, and the American nancial Modernization Act. Eight of sibility to protect the marketplace, to economy takes a giant hit in the us—myself included—voted against protect the American taxpayer, to try longer term. that in the Senate, believing that it to do things that help all Americans, Finally, let me just say I don’t think would damage this country, and indeed help lift up all Americans. this is a case that is like all other it has. Second, the arrival of George W. My colleague described a bit ago the cases. We are challenged in lots of ways Bush, who decided he didn’t believe in circumstance in this economy where on many different days here in the Government regulation. We now see the wealthy have gotten very Congress. This is a different challenge. the carnage and wreckage that has re- wealthy—much wealthier—and then This country’s economic future hangs sulted from that. This country deserves the folks in the rest of the population in the balance, and the question is, better and will get better, in my judg- are struggling to figure out: How on Will we have the leadership? Will we ment. Earth can I keep my job. We have all of exhibit the leadership to do this? Mr. WHITEHOUSE. Mr. President, as these folks sending these jobs to Asia. Mr. President, the answer has to be we debate legislation to authorize more How do I keep my job? Or if I keep my yes. We cannot decide no, maybe, than $600 billion for our Armed Forces, job, why is it that they withdraw my maybe not. The answer has to be that we have a responsibility to the tax- health insurance and no longer provide this requires new, aggressive leader- payers who foot the bill to make sure health insurance? Why do I not have a ship. We have a Presidential campaign that money is being used as carefully retirement program anymore? That is going on now, and I happen to support and as wisely as possible. Today I rise what working people face every single Senator OBAMA. I think it is critically in support of an amendment offered by day. They get out of bed, many of them important to look at the history and Senator SANDERS and cosponsored by work two jobs, they work hard, trying the record of the candidates to find out myself and Senator FEINGOLD that ex- to do the right thing, and they discover who is going to support the kinds of poses unnecessary and wasteful spend- the folks at the very top are getting by things that are necessary to get this ing within the Department of Defense with really huge incomes. country back on track. and offers a solution. By the way, last year the top income I have talked previously a couple From storage warehouses to assem- from a hedge fund manager was $3.6 bil- times about John Adams’ description bly lines, the Department of Defense is lion—$3.6 billion—and they pay a 15- of trying to put a new country together sitting on billions of dollars in parts percent top income tax rate. Isn’t that when he would write to Abigail. He and supplies that are in excess of the unbelievable? By the way, they don’t traveled a lot and was in Europe as military’s requirements—everything even pay that, in most cases, because they were trying to put this new coun- from jet engines to springs to fuel they try to run their carried interests, try together. He would write to his tanks. as they call it, through tax-haven wife Abigail and say plaintively in let- The Army, Navy, Air Force, and countries in a circumstance where they ters: Who will provide the leadership other Department of Defense agencies can defer compensation and avoid pay- for this new country of ours? Where currently possess $30.63 billion of ing even the small 15 percent income will the leadership come from? Who unneeded spare parts, in addition to tax rate. So when somebody comes will be the leaders? Then in another $346 million of excess spare parts that home making $3.6 billion and the one he would lament that there is only are on-order—parts that are still being

VerDate Mar 15 2010 15:17 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\BR08\S16SE8.000 S16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19126 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 September 16, 2008 produced or delivered, but that the Our troops deserve the best equip- staffs for putting together a bill of military already knows it doesn’t need. ment and the best supplies we can give which we can all be proud. This bill The Air Force has $18.7 billion of excess them to help them do their jobs and sends the message that we in the Sen- spare parts on hand; the Navy has $7.7 keep us safe. Leaving billions of dollars ate remain committed to supporting billion, and the Army has $4.21 billion. of spare parts to rust away in ware- our troops, both in combat and at On-order excess spare parts are at houses just doesn’t serve that purpose. home. lower but still unacceptable levels. The I urge my colleagues to support this Mr. REED. Mr. President, I commend Air Force has $1.3 billion in excess commonsense, important amendment. the work of my colleagues on the parts on-order; the Navy has $130 mil- Ms. MIKULSKI. Mr. President, I rise Armed Services Committee on this im- lion, and the Army has $110 million. today to express my thanks and appre- portant legislation which I hope Presi- It gets worse. Branches of the Armed ciation to Chairman LEVIN and Senator dent Bush will sign into law prior to Forces have millions of dollars of spare WARNER for their outstanding efforts the start of the fiscal year. In this tre- parts on-order that they have already on the bipartisan National Defense Au- mendous time of transition for our decided they will dispose of when they thorization Act for Fiscal Year 2009. military, we owe them a law that will arrive. If a retailer like Target or Best I would especially like to recognize enable the DOD to execute this year’s Buy or Kmart controlled its inventory Senator WARNER for his stewardship of so poorly that it had $307.48 million this bill this year, and his determined budget efficiently and effectively. worth of items on-order that it knew it role managing the bill on the floor over This bill provides a budget that al- would have to dispose of immediately the last few weeks. Senator WARNER lows the DOD to plan for future upon arrival, that company would has played a role in most of the De- threats, combat current threats, and quickly go bankrupt. The Air Force fense authorization bills over the last provide for the welfare of our brave has $235 million of spare parts marked 40 years. His sage counsel and steady veterans both past and future. for disposal; the Navy has $18.18 mil- hand on the rudder are an invaluable It should also be noted that this lion, and the Army has $54.3 million. asset to the Senate in meeting our year’s bill and the authorization bills That’s a nonsensical and unacceptable commitment to our men and women in from the preceding 28 years could not waste of taxpayers’ money. uniform. have been completed without the The Defense Department’s inventory I would like to thank the committee statesmanship and the strong bipar- management systems are a big part of for supporting $1.3 billion in military tisan leadership provided by Senator the problem: they are incompatible, construction and base realignment and JOHN WARNER. This will be Senator duplicative, and ill-equipped to the closure funding for Maryland’s mili- WARNER’s final authorization bill dur- task of managing such a massive vol- tary installations. This funding is espe- ing his nearly 30 years on the Senate ume of parts and supplies. Don’t just cially critical to ensuring that the Armed Services Committee, on which take my word for it. Over the last dec- BRAC transition of Walter Reed Army he also served as chairman and ranking ade, the General Accountability Office Hospital to the National Military Med- member. In his nearly 60 years of serv- has repeatedly flagged these inventory ical Center in Bethesda, MD, stays on ing our country both in and out of uni- management systems as ‘‘high-risk,’’ track. We owe it to our wounded war- form, he has always upheld his com- vulnerable to fraud, waste, abuse, and riors and their families to give them mitment to our brave service men and mismanagement. If American compa- world class medical facilities that they women with the highest standards of nies can get this right, there is no rea- deserve. honor and integrity son that America’s military can’t. This bill also makes great strides in I would first like to point out a few Waste in excess inventory is part of a continuing to focus on the Dole- of the highlights of the National De- bigger problem of waste in the Depart- Shalala recommendations that outline ment of Defense. The distinguished the best courses of action for improv- fense Authorization Act currently chairman of the Armed Services Com- ing the quality of care for our wounded being considered: mittee, Senator LEVIN, recently cited a warriors. This bill requires the Depart- Authorizes a much needed 3.9 percent GAO report detailing $295 billion in ment of Defense to establish Post across-the-board pay raise for the cost overruns and an average 21-month Traumatic Stress Disorder and Trau- brave men and women of our armed delay on Pentagon weapons systems. matic Brain Injury Centers of Excel- forces. This pay raise is a half percent The GAO report recommends strong lence and conduct pilot programs to higher than that requested by Presi- congressional oversight of defense pro- better treat these disorders. The bill dent Bush; grams. To that end, the reporting will also require that the Department Fully funds Army readiness and mechanisms of the Sanders-Feingold- of Defense to develop uniform stand- depot maintenance programs to ensure Whitehouse amendment increase over- ards and procedures for disability eval- that forces preparing to deploy are sight and prevent waste in the Depart- uations of recovering servicemembers properly trained and equipped; ment of Defense. across military departments. I com- Authorizes $26.1 billion for the De- Our amendment calls on the Depart- mend the committee for continuing to fense Health Program, which includes ment of Defense to cut waste and fix make quality military health care a the $1.2 billion necessary to cover the the problem. This measure would re- priority. rejection of the administration pro- quire the Secretary of Defense to cer- This legislation provides vitally im- posal to raise TRICARE fees; tify to Congress that the Army, Navy, portant increases in authorized funding Air Force, and Defense Logistics Agen- for our National Guard. This bill shows Requires the Secretaries of Defense cy have reduced by half their spare a clear and substantial commitment to and VA to continue the operations of parts that are on-order and already la- restore and improve the homeland de- the Senior Oversight Committee to beled as excess. Until this certification fense capabilities and readiness of our oversee implementation of Wounded is completed, the amendment would National Guard. I am very pleased that Warrior initiatives; and withhold $100 million from the defense the committee increased the authoriza- Fully funds the eight ships requested budget for military spare parts. tion of the Army’s procurement budget in the President’s budget, including Our amendment would also require by $391.2 million for dual-purpose full funding for the third ZUMWALT the Department of Defense to come up equipment in support of National class destroyer. This ship is critical to with a plan to reduce the acquisition of Guard readiness. In addition to giving maintaining the technical superiority unnecessary spare parts and improve our National Guard the tools and that our Navy has enjoyed on the its inventory systems. It would then equipment they need, this bill also en- oceans throughout the world. The fu- require quarterly progress reports to hances Guard and Reserve family sup- ture maritime fleet must be adaptable, Congress, including reports on the lev- port programs. affordable, survivable, flexible and reels of excess inventory that are on In closing, I commend Chairman sponsive. The ZUMWALT class pro- hand and on-order. LEVIN, Senator WARNER, and their vides all of these characteristics as a

VerDate Mar 15 2010 15:17 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\BR08\S16SE8.000 S16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 19127 multimission surface combatant, tai- tion, including $50 million for ing performed on force protection lored for land attack and littoral domi- denuclearization activities in North equipment, such as body armor, hel- nance. It will provide independent for- Korea; $20 million for the Cooperative mets, and vehicle armor, before it is ward presence, allow for precision Threat Reduction program; and more deployed to the field, to ensure that naval gun fire support of Joint forces than $50 million for chemical and bio- our soldiers and marines have the best ashore, and through its advanced sen- logical defense programs. available equipment and protection. sors ensure absolute control of the Consolidating funding for the Mixed In order to enhance our ability to combat air space. All of this capability Oxide, MOX, program in the National combat international terrorist groups, is based on today’s proven and dem- Nuclear Security Administration, the bill would fully fund the $5.7 billion onstrated technologies. We cannot NNSA, as a nonproliferation activity, budget request, and add over $20 mil- build the same ships that we did 20 rather than as part of the nuclear en- lion for items to help find and track years ago and hope to defeat tomor- ergy budget as the budget requested. terrorists, including intelligence, sur- row’s emerging threats. Clarifying that excess fissile mate- veillance and reconnaissance packages; This year I once again had the honor rial disposition is an NNSA non- extend authorization to the Special Op- of serving as the chairman of the proliferation responsibility. erations Command to train and equip Emerging Threats Subcommittee. Sen- Establishing a nonproliferation forces supporting or facilitating special ator DOLE served as the ranking mem- scholarship fund to deal with shortages operations forces in ongoing military ber of the subcommittee and working in technical and other fields such as operations, and increase the funding together, our subcommittee produced radiochemistry and nuclear forensics. available for this activity; and increase good results in the bill now before the Adding $25 million to nonprolifera- funding for DOD’s Regional Defense Senate. The Emerging Threats and Ca- tion research & development, R&D, for Combating Terrorism Fellowship. pabilities Subcommittee is responsible nuclear forensics and other R&D ac- Concerning counterdrug programs, for looking at new and emerging tivities. the bill includes a provision that would threats to our security, and consid- Authorizing the Cooperative Threat extend the authority to use ering appropriate steps we should take Reduction Program and providing an counterdrug funds to support the Gov- to develop new capabilities to face additional $10 million for new initia- ernment of Colombia’s unified cam- these threats. tives outside of the former Soviet paign against narcotics cultivation and In preparation for our markup, Sen- Union, $1 million for Russian chemical trafficking, and against terrorist orga- ator LEVIN, the distinguished chairman weapons demilitarization, and $9 mil- nizations involved in such activities. It of the committee, provided guidelines lion for nuclear weapons storage secu- also includes a provision that would ex- for the work of the committee, includ- rity in Russia to complete the work tend the Department’s authority to use ing the following two items: under the Bratislava agreement. counterdrug funds to support law en- Improve the ability of the armed The bill also includes a number of forcement agencies conducting coun- forces to counter nontraditional legislative provisions that will enhance terterrorist activities. threats, including terrorism and the the Department’s ability to procure This is a good bill. The members of proliferation of weapons of mass de- and use critical defense technologies, the committee and the committee staff struction, and such as: have worked many hours to get this Promote the transformation of the Legislation that would implement bill to the floor. We are a nation at war armed forces to deal with the threats recommendations of the National and the military needs this bill. I urge of the 21st century. Academy of Sciences to help ensure my colleagues to work together to pass In response, our subcommittee rec- that the DOD develops and procures it so that we can conference with the ommended initiatives in a number of printed circuit boards that are trust- House and send it on to the President areas within our jurisdiction. These worthy and reliable for use in defense for his signature. areas include: systems; I suggest the absence of a quorum. Supporting crucial nonproliferation Legislation that would implement The PRESIDING OFFICER. The programs and other efforts to combat the recommendations of the Defense clerk will call the roll. Weapons of Mass Destruction (WMD); Science Board seeking to enhance the The legislative clerk proceeded to Supporting advances in medical re- Department’s ability to ensure that call the roll. Mr. LEVIN. Mr. President, I ask search and technology to treat such microelectronics procured from com- unanimous consent that the order for conditions as traumatic brain injury mercial sources, including foreign the quorum call be rescinded. sources, and embedded throughout de- and post-traumatic stress disorder; The PRESIDING OFFICER. Without fense systems are reliable and trust- Increasing investments in new en- objection, it is so ordered. ergy technologies such as fuel cells, hy- worthy; and brid engines, and alternate fuels to in- Legislation requiring the develop- f crease military performance and re- ment of a joint government-industry MORNING BUSINESS duce costs; battery technology roadmap to ensure Mr. LEVIN. Mr. President, I ask Increasing investments in advanced that a healthy and innovative defense unanimous consent that the Senate manufacturing technologies to industrial base for batteries exists in proceed to a period for the transaction strengthen our defense industrial base the United States, to support a variety of morning business, with Senators so that it can rapidly and efficiently of requirements in military vehicles, permitted to speak for up to 10 minutes produce the materiel needed by our Na- computers, and other equipment. each. tion’s warfighters; and Relative to science and technology The PRESIDING OFFICER. Without Increasing investments in research at funding levels, the bill would increase objection, it is so ordered. our Nation’s small businesses, Govern- the Department’s investments in inno- f ment labs, and universities so that we vative science and technology pro- have the most innovative minds in our grams by nearly $400 million to over CHICAGO FLOODING country working to enhance our na- $11.8 billion; and fully support the Sec- Mr. DURBIN. Mr. President, today tional security. retary of Defense’s initiative to in- President Bush was in Texas to see Specifically, some notable initiatives crease university defense basic re- firsthand the devastation from Hurri- in this bill that originated in the search funding and increase the level cane Ike. Unfortunately, this is not the Emerging Threats and Capabilities by nearly $50 million over the Presi- first time, nor will it be the last time, Subcommittee include: dent’s request. that Mother Nature has shown us her Authorizing more than $120 million In the area of force protection, the worst. My heart goes out to the mil- in the area of nonproliferation and bill includes a provision that would in- lions of displaced residents and evac- combating weapons of mass destruc- crease the amount and quality of test- uees who are anxious to return home,

VerDate Mar 15 2010 15:17 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00030 Fmt 0686 Sfmt 0634 E:\BR08\S16SE8.000 S16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19128 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 September 16, 2008 who are without power, who must de- mark. As Des Plaines Mayor Tony Nation by allowing these veterans to pend on others for food and water and Arredia rightly pointed out, we still make this important trip. Second Lieu- other necessities, and who face the have cleaning up to do. I am com- tenant Enoch never got a chance to long hard task of rebuilding their mitted to making sure that Illinoisans visit the World War II Memorial. But it homes and communities. do not face this task alone. was built for him, and his thousands of We know a little of what that is like f fellow soldiers. So I am glad that 63 in Illinois. In June, the Midwest was years later, Honor Flight has recog- TRIBUTE TO SECOND LIEUTENANT hit by massive flooding, some of the nized his service. worst we have seen since the Great HOWARD CLIFTON ENOCH, JR. For a long time, the Enoch family Flood of 1993. Experts called it a 200 to Mr. MCCONNELL. Mr. President, I has felt not only the loss of Second 500-year event. It left entire commu- rise today because after more than 60 Lieutenant Enoch, but also doubt nities underwater, broke levees, and years, a Kentucky family has been re- about his final fate. I am pleased for washed away roads, bridges, and mil- united with a father and grandfather them that that doubt is over. They can lions of acres of cropland. The damage they never knew. And an American take comfort that 2LT Howard Clifton could have been worse, if Illinoisans hero is coming home. Enoch, Jr. will lie among Arlington’s had not worked so long and so hard to Second Lieutenant Howard Clifton heroes. And they can take pride that fill sandbags, fortify levees, and stand Enoch, Jr., U.S. Army Air Forces, was this U.S. Senate honors his service and their ground against the rising waters last seen on March 19, 1945, when he his sacrifice. of the Mississippi. took off in his P–51D Mustang single- f But sometimes weather-related disas- seat fighter plane for a mission over ters strike with no warning and you Germany. He crashed while engaging REPORT ON THE TOMB OF THE don’t have time to prepare for the enemy aircraft near the city of Leipzig. UNKNOWNS worst. Over the weekend my State was His remains could not be imme- Mr. AKAKA. Mr. President, I am hit by the sixth major flooding event in diately recovered, and once Soviet pleased to share a report with our col- the last year alone when 3 days of rain forces took over the part of that coun- leagues, which I received last month dumped more than 100 billion gallons of try that would become East Germany— from the Departments of the Army and water on the city of Chicago—two or including the area around Leipzig re- Veterans Affairs. The report addresses three times the normal amount. More covery became impossible for decades. the Army’s and VA’s plans for repair- than 7 inches of rain fell on the Chi- Howard Enoch III was born 3 months ing and preserving the Tomb Monu- cago area on Saturday alone, setting a after his father’s plane crashed. He ment at the Tomb of the Unknowns. As new 1-day record at O’Hare. In the sub- grew up in Marion, KY, never knowing many of our colleagues may know and urbs, some of the worst flooding was his namesake. Now, thanks to the work appreciate, the Tomb is a national along the Des Plaines River, which of some dedicated men and women in monument of great historical signifi- crested at near-record levels, displaced the Department of Defense, his father’s cance, especially to our Nation’s vet- thousands of residents, and flooded remains have been identified. erans, located on the hallowed ground hundreds of homes. A German researcher originally iden- of Arlington National Cemetery. On Monday I had a chance to see for tified the crash site, and notified our The Tomb Monument, which sits myself the damage in Albany Park, a Government. The Joint POW/MIA Ac- above the tombs for the unknowns neighborhood in Chicago that was one counting Command, the arm of the De- from World War I, World War II, and of the hardest hit areas. Thirty-ninth partment of Defense charged with re- the Korean conflict, has developed sev- Ward Alderman Margaret Laurino ac- covering the remains of our lost he- eral cracks along the natural faults in companied me as I met with residents roes, sent a recovery crew to Germany. the marble. For some time, there has like Aaron Gadiel, who waded through They used mitochondrial DNA analysis been discussion of possibly replacing knee-high water in his fishing boots to identify the remains, and in 2007 the original monument. However, prior and searched his home to see if he they contacted Howard Enoch III with to taking this option, I wanted to en- could salvage clothing for his kids. I the astonishing news. sure that at the very least decision- want to commend the local and city of- Howard Enoch III’s two young daugh- makers considered options for pre- ficials I saw going door to door with ters gained new insight into their serving, rather than replacing the pumps, checking to see if residents grandfather. And the discovery brought monument. While I understand the needed help, and pitching in wherever Howard in touch with a cousin he never concerns about the cracks in the Tomb they were needed. I especially want to knew, who had served alongside Second Monument, I along with many others thank Terry O’Brien, president of the Lieutenant Enoch in Europe in World believe that our national monuments Metropolitan Water Reclamation Dis- War II. are not diminished by signs of their trict, and Ray Orozco, executive direc- Now Second Lieutenant Enoch will age. Many of our most treasured Amer- tor of Chicago’s Office of Emergency be buried at Arlington National Ceme- ican symbols, from the Liberty Bell to Management and Communications, tery, alongside America’s greatest he- the Star-Spangled Banner, are phys- OEMC, for taking the time to show me roes. And the Enoch family can know ically worn and weathered. This does the extent of the flood damage. that after valiant service to his coun- not diminish their value or signifi- The same weather system that try, six decades later, a soldier will fi- cance. I would argue that the same is dumped billions of gallons of rain on nally rest in peace. I wish to offer my true for the Tomb of the Unknowns. Chicago also caused the Mississippi and deepest appreciation to Howard Enoch It is our Nation’s tradition to pre- Illinois Rivers to swell in other parts of III for his father’s service and his fam- serve our historic national symbols. We Illinois. U.S. Army Corps officials are ily’s sacrifice on behalf of our country. must protect them from the notion keeping a close eye on the system of Earlier this month, the Bluegrass that they can be easily discarded or re- levees and dams that protect these Chapter of Honor Flight paid special placed. With those concerns in mind, communities to make sure that these tribute to Second Lieutenant Enoch at my colleague from Virginia, Senator residents don’t experience a repeat of the World War II Memorial in our Na- WEBB, and I successfully added lan- the June floods. tion’s Capital. Honor Flight is a non- guage requiring a report on plans for Today the skies are clearing over profit organization which transports the Tomb Monument to last year’s Na- Chicago. Water levels are falling, roads World War II veterans from anywhere tional Defense Authorization Act. The are reopening and some folks are rein the country to see the memorial, joint report acknowledges that replace- turning home. But the recordbreaking free of charge. ment of the Tomb Monument could rains that evacuated thousands, left Honor Flight and its volunteers, have a negative impact on the historic four dead, closed roads and flooded many of whom are veterans them- significance of the Tomb of the Un- homes have left more than a water- selves, are doing a great service for our knowns.

VerDate Mar 15 2010 15:17 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00031 Fmt 0686 Sfmt 0634 E:\BR08\S16SE8.001 S16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 19129 I am pleased that the joint report ministration’s program, there is no objection REPORT ON ALTERNATIVE MEASURES TO AD- outlined several alternatives to replac- to the presentation of this report for consid- DRESS CRACKS IN THE MONUMENT AT THE ing the Tomb Monument. I urge the eration of the Congress. TOMB OF THE UNKNOWNS AT ARLINGTON NA- Departments, in their respective capac- Very truly yours, TIONAL CEMETERY, VIRGINIA JOHN PAUL WOODLEY, JR., ities, to pursue the best means of pre- EXECUTIVE SUMMARY Assistant Secretary of the Army (Civil Works). Alternative measures are being explored to serving the Tomb Monument for future WILLIAM F. TUERK, generations of veterans and Americans. address cracks in the Tomb of the Unknowns Under Secretary for Memorial Affairs, Monument at Arlington National Cemetery While the Departments may have to Department of Veterans Affairs. (ANC). The Tomb Monument is the four- consider partial or full replacement of piece marble object located over the vault the Tomb Monument at some future DEPARTMENT OF THE ARMY, OFFICE containing the remains of the World War I date, at this time there are still a num- OF THE ASSISTANT SECRETARY, Unknown, and is a component of the Tomb of ber of other options which should be CIVIL WORKS, the Unknowns. Section 2873 of the National Washington, DC, August 11, 2008. pursued. Defense Authorization Act for Fiscal Year Hon. NANCY PELOSI, Mr. President, I ask unanimous con- 2008, Public Law 110–181 (Act), directed the Speaker, House of Representatives, Secretary of the Army and the Secretary of sent that letters and the Executive U.S. Capitol, Washington, DC. Summary of the report be printed in Veterans Affairs to submit a joint report to DEAR MADAM SPEAKER: In accordance with Congress on plans to address the cracks with the RECORD. Section 2873 of the National Defense Author- respect to (1) replacing the Monument and There being no objection, the mate- ization Act for Fiscal Year 2008, enclosed is its disposal, if it were removed; (2) an assess- rial was ordered to be printed in the a report on alternative measures to address ment of the feasibility and advisability of re- cracks in the monument at the Tomb of the pairing the Monument rather than replacing RECORD, as follows: Unknowns at Arlington National Cemetery it; (3) a description of current efforts to DEPARTMENT OF THE ARMY, OFFICE (ANC). The report contains information maintain and preserve the Monument; (4) an OF THE ASSISTANT SECRETARY, about the monument in response to the pro- explanation of why no attempt has been CIVIL WORKS, visions in subsection 2873 (a) with respect to made since 1989 to repair it; (5) comprehen- Washington, DC, August 11, 2008. (1) plans considered for replacement and dis- sive estimates of the cost of replacement and Hon. RICHARD B. CHENEY, posal; (2) the feasibility and advisability of the cost of repair; and (6) an assessment of President of the Senate, repair; (3) current maintenance and preserva- U.S. Capitol, Washington, DC. its structural integrity. tion efforts; (4) an explanation of why no re- In 1963, ANC initiated a program of moni- DEAR MR. PRESIDENT: In accordance with pair attempt has been made since 1989; (5) toring and investigation of the Monument in Section 2873 of the National Defense Author- comprehensive cost estimates for replace- response to the development of two parallel ization Act for Fiscal Year 2008, enclosed is ment and repair; and (6) assessment of its cracks in its main block. The cracks, which a report on alternative measures to address structural integrity. cracks in the monument at the Tomb of the Options for addressing the cracks are de- now measure nearly 48 feet in combined Unknowns at Arlington National Cemetery scribed in the report. A decision on a final length, appear on all four sides of the Monu- (ANC). The report contains information course of action will not be made until our ment and extend almost entirely through the about the monument in response to the pro- responsibilities are fulfilled under Section block. According to stone conservation ex- visions in subsection 2873(a) with respect to 106 of the National Historic Preservation Act perts, the cracks are not compromising the (1) plans considered for replacement and dis- and the National Environmental Policy Act. structural integrity of the stone and are re- posal; (2) the feasibility and advisability of Also, subsection 2873(b) states that ‘‘[t]he pairable. ANC repaired the cracks twice, repair; (3) current maintenance and preserva- Secretary of the Army and the Secretary of once in 1975, and again in 1989, and is now in tion efforts; (4) an explanation of why no re- Veterans Affairs may not take any action to the process of initiating another repair of pair attempt has been made since 1989; (5) replace the monument at the Tomb of the the Monument. The results of studies and comprehensive cost estimates for replace- Unknowns at Arlington National Cemetery, monitoring of the Monument over the past ment and repair; and (6) assessment of its Virginia, until 180 days after the date of the four decades confirm that, despite repairs, structural integrity. receipt by Congress of the report required by the cracks continue to lengthen and widen, Options for addressing the cracks are de- subsection (a).’’ According to subsection which is perhaps a natural phenomenon of scribed in the report. A decision on a final 2873(c), the limitation in subsection 2873(b) the material. Since 1990, a third crack has course of action will not be made until our does not prevent undertaking repair of the become visible, whose origins are uncertain. responsibilities are fulfilled under Section monument or acquiring marble for the re- The Monument can be repaired again, but its 106 of the National Historic Preservation Act pair, subject to the availability of appropria- condition will continue to deteriorate. Al- and the National Environmental Policy Act. tions. Accordingly, while long-term options though it is not known when the Monument Also, subsection 2873(b) states that ‘‘[t]he continue to be explored, experts in the field will reach the point of being beyond repair, Secretary of the Army and the Secretary of of marble maintenance and conservation are the natural aging process that weathers and Veterans Affairs may not take any action to being consulted to assist ANC in the develop- cracks outdoor marble makes it likely that replace the monument at the Tomb of the ment and implementation of a maintenance it will need to be replaced at some point in Unknowns at Arlington National Cemetery, and repair plan to ensure that the existing the future. The cracking and minor erosion Virginia, until 180 days after the date of the marble is appropriately protected. of the Monument have led ANC to consider receipt by Congress of the report required by In accordance with a 2004 Memorandum of various treatment options, including repair- subsection (a).’’ According to subsection Understanding between the Department of ing the cracks, obtaining and stockpiling 2873(c), the limitation in subsection 2873(b) the Army and the Department of Veterans marble for future replacement of the monu- does not prevent undertaking repair of the Affairs (VA), the role of VA is limited to pro- ment, and the immediate replacement of its monument or acquiring marble for the re- curement, transportation, and sculpting of a cap, die block, and base. pair, subject to the availability of appropria- replacement for the base, main die block, The impetus to consider various treatment tions. Accordingly, while long-term options and cap of the Tomb Monument, should ANC options for the Monument is the culmination continue to be explored, experts in the field determine that replacement is required. VA of over 40 years of deliberation, starting with of marble maintenance and conservation are has no role in determining whether the the first report on the cracks in the early being consulted to assist ANC in the develop- Monument should be replaced, or in its 1960s, and continuing through the two pre- ment and implementation of a maintenance maintenance and repair. vious repairs. In evaluating whether to con- and repair plan to ensure that the existing The Office of Management and Budget ad- tinue to maintain and repair the Monument marble is appropriately protected. vises that, from the standpoint of the Ad- or replace it, ANC is giving full consider- In accordance with a 2004 Memorandum of ministration’s program, there is no objection ation to its historic significance. ANC recog- Understanding between the Department of to the presentation of this report for consid- nizes the associative qualities that link the the Army and the Department of Veterans eration of the Congress. Monument to World War I and its veterans. Affairs (VA), the role of VA is limited to pro- Very truly yours, ANC also realizes that the Tomb of the Un- curement, transportation, and sculpting of a JOHN PAUL WOODLEY, JR., knowns has come to memorialize all of the replacement for the base, main die block, Assistant Secretary service men and women that have sacrificed and cap of the Tomb Monument, should ANC of the Army (Civil their lives for this country in subsequent determine that replacement is required. VA Works). military conflicts that continue today. In has no role in determining whether the WILLIAM F. TUERK, this regard, the Tomb of the Unknowns has Monument should be replaced, or in its Under Secretary for significance, beyond its historic significance, maintenance and repair. Memorial Affairs, that transcends the past and present to the The Office of Management and Budget ad- Department of Vet- future. As its steward, ANC is responsible to vises that, from the standpoint of the Ad- erans Affairs. do what it can to ensure that the Monument

VerDate Mar 15 2010 15:17 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\BR08\S16SE8.001 S16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19130 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 September 16, 2008 stands, as unflawed and perfect as possible, over 1,000, are heartbreaking and to develop oil shale fields that are located in honor of the sacrifices that it represents. touching. To respect their efforts, I am under Utah, Colorado and Wyoming. I sup- To preserve the solemn dignity of the submitting every e-mail sent to me port this and hope that you will uphold these Monument for those that it honors and for through [email protected]. efforts if corresponding legislation reaches future generations of Americans, ANC is con- the Senate. I also support conservation in- sidering alternative actions that could be gov to the CONGRESSIONAL RECORD. centives that would encourage companies to taken. Repair of the Monument is a viable This is not an issue that will be easily come up with more environmentally friendly alternative, as verified by experts in the resolved, but it is one that deserves im- methods of developing these resources. field of stone conservation. Replacement is mediate and serious attention, and Ida- I support expanding our use of nuclear en- another alternative under consideration, due hoans deserve to be heard. Their sto- ergy. My understanding is that the popular to the uncertainty of obtaining suitable marries not only detail their struggles to fears of nuclear power plants are largely ble in the future. Only marble with specific based on myth. And most of the ‘‘waste’’ pro- meet everyday expenses, but also have duced is either relatively benign, or can be qualities can be used for replacement, so the suggestions and recommendations as to current and future existence and availability recycled or reused. If federal regulations of such marble is of concern. Suitable marble what Congress can do now to tackle were changed so that all radioactive byprod- is available today, but may not be in the fu- this problem and find solutions that ucts did not have to be shipped to a nuclear ture, and there will never be a greater quan- last beyond today. I ask unanimous waste repository, we would have plenty of tity of suitable marble in the future than consent to have today’s letters printed space in places like Yucca Mountain. Appar- ently, only 2% of byproducts from nuclear there is now. It is primarily for this reason in the RECORD. that ANC is considering replacement of the There being no objection, the mate- reactors really need to be taken to such fa- Monument as one potential long-term solu- cilities. As an aside, France produces 80% of rial was ordered to be printed in the its electricity from nuclear power. What in tion. RECORD, as follows: There is more information in this report the world is holding us back from building Thank you for requesting my input on the on the potential replacement option than more nuclear power plants? energy crisis. I found out several years ago Please do whatever you can to bring about there is for other options, because the re- that energy prices were going to skyrocket changes at the federal level so that the pri- placement option is much more complex due to the imminent peaking of oil produc- vate sector can go to work developing tech- than the other options under consideration. tion (and natural gas) worldwide. I read nologies and resources to solve our growing Also, the potential replacement option has every book on the subject of the coming en- energy problems. I agree that we are ‘‘too de- undergone the most scrutiny through the ergy crisis such as ‘‘Twilight in the Desert’’, pendent on petroleum,’’ and that we are ‘‘far Section 106 review process. The preponder- ‘‘The Party’s Over’’, ‘‘The Long Emergency’’, too dependent on foreign sources of that pe- ance of information on replacement should ‘‘Big Coal’’, ‘‘Powerdown’’, and probably 15 troleum.’’ We must move forward in availing not be construed as favoring this option over others. I read most every relevant news ourselves of the resources we have. We the other options under consideration. story as collected by www.energybulletin should do so in an environmentally conscien- In response to ANC’s request to provide a .net. tious manner, yes, but we must move for- Tomb Monument replacement, the Depart- I have heard the pleas from Al Gore, Bill ward. ment of Veterans Affairs (VA) entered into a Clinton, Matt Simmons, Rep. (R) Roscoe Sincerely, Memorandum of Understanding (MOU) with Bartlett (Maryland) and many other promi- BLAKE, Hamer. the Department of the Army in 2004 that out- nent Americans who want our citizens to lines respective responsibilities. VA will be know the truth about Peak Oil Theory, and A few years ago I needed to re-do a roof. I responsible for the procurement, transpor- the implications of a global peak and inevi- considered solar panels and energy conserva- tation, and sculpting of a replacement for table decline in production. tion devices. It added a lot of costs, but I the base, main die block, and cap of the I have since sold my car, my house, and am thought that it would be worthwhile if I Tomb Monument when and if Army decides living with massive inflation, food and gaso- could get a bit of a tax break. I contacted replacement is necessary. Both agencies line shortages, and likely economic collapse the state, power company, gas company, and have compliance requirements under Section in mind. I am growing a large garden this checked the Internet for federal tax breaks. 106 of the National Historic Preservation Act year and riding my bicycle(s) most every- There weren’t any for individuals. The lady and the National Environmental Policy Act where. I have met with local leaders, includ- with the state simply stated that ‘‘they do (NEPA). No decision on a final course of ac- ing Boise Mayor Dave Bieter, to talk about not do things that way.’’ I felt this was tion will be made until both agencies fulfill real solutions, and have written letters to short-sighted at the time, and, as things are their respective responsibilities under both the editor of the Idaho Statesman monthly. now, my opinion seems to be correct. I do of these laws. We need to grow most all of our own food not foresee a turn around any time soon. Furthermore, subsection 2873(b) of the Act locally, produce and distribute most goods Why does not the legislature encourage the states that ‘‘The Secretary of the Army and locally, and keep people employed doing gas and power companies to offer incentives? the Secretary of Veterans Affairs may not things to create and expand our new local- Why does not the state or federal legisla- take any action to replace the monument at ized economy. We need to accept that our tures offer tax incentives to individuals in- the Tomb of the Unknowns at Arlington Na- population will decline due to lowering food stead of to major corporations? tional Cemetery, Virginia, until 180 days production. We need to know that the era of The engine that drove America to its cur- after the date of receipt by Congress of the high consumption, personal automobiles, rent prominence is the creativeness and in- report required by subsection (a).’’ According travel, and technology is coming to a close. dustry of the every day American. Release to subsection 2873(c), the limitation in sub- People must understand that in 100 years our it! Encourage people to come up with their section 2873(b) does not prevent the repair of planet will sustain perhaps 1 billion people, own energy saving ideas and devices. At the current Monument or the acquisition of living primarily an agrarian existence, with- least, stop blocking individual efforts that blocks of marble. Accordingly, while long- out technology. are attempted by easing legal restrictions. term options such as continued repair, pro- If the people remain in the dark about our America’s and Idaho’s energy companies and curement of replacement marble, and imme- true future, there are unspeakable dangers. legislatures have created barriers to indi- diate replacement continue to be explored, Dictatorship in America, nuclear confronta- vidual ingenuity. It is not in their respective ANC is working with experts in the field of tions over resources, and rioting are likely. interests to encourage such action. I feel marble maintenance and conservation to de- Please help to inform the American public that this is short-sighted at this time, but I velop and implement a maintenance and re- now. expect more of the same. Until the economic pair plan to ensure that the existing marble BOB, Boise. pain of the individual is shared by the exist- is appropriately protected. ANC will take no ing energy corporation executives and cur- action to acquire replacement blocks of mar- Thank you for the email telling us of your rent legislators, little more than lip service ble until after Section 106 and NEPA require- position on the energy crunch (and thank can be expected. Some have said that gas at ments are complete. you for opposing that climate change legisla- $5/gallon would wake us all up and cause f tion). I am all in favor of developing alter- change to occur. The fallacy in this logic is native energy sources, such as biodiesel, and that the $5/gallon is increased profits and IDAHOANS SPEAK OUT ON HIGH in expanding our refinery capacity for con- corporations seldom discourage profit. There ENERGY PRICES ventional petroleum fuels. I heartily support is economic pain all right, but the pain is Mr. CRAPO. Mr. President, in mid- tapping the petroleum resources we have not felt by the folks who initiate changes. here in the United States and, from all that Here is a radical proposal: Remove the ex- June, I asked Idahoans to share with I have heard, we have (or can soon develop) isting corporate tax benefits related to oil me how high energy prices are affect- the technology to do it with less harm to the and some other energy corporations. (Wind- ing their lives, and they responded by environment. I understand that Congress- fall profits are possible, but I am not recom- the hundreds. The stories, numbering man Chris Cannon of Utah is making efforts mending them.) Offer the same amount as

VerDate Mar 15 2010 15:17 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00033 Fmt 0686 Sfmt 0634 E:\BR08\S16SE8.001 S16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 19131 tax benefits to individuals. These can be in trying to utilize energy sources here in available for me to set aside for college. the form of worthwhile individual energy America. Since I came back to Burley in the end of grants and can be emergency economic tax We are disability retired and taking care of April, I have seen the price of gas at the credits in places like the Midwest. You are my 90–year-old father. Of course you are cheapest gas station in town jump from probably aware that there have been signifi- aware that gas prices are driving the cost of $3.369 to $3.959 tonight as I drove home from cant floods in the Midwest. You are probably everything else up. It is difficult to make our work. In nearly two months on the job, my aware that this is expected to affect the cost fixed income stretch through the entire fuel expenses have almost exceeded $400. of food and fuel adversely. This will result in month. We only drive when absolutely nec- I pay for college myself, with the assist- the same type of economic pain as the cur- essary for doctor’s appointments and shop- ance of some academic scholarships. I do not rent ‘‘Gas Crisis’’. The fund might be an ping. If we forget something at the store, qualify for government aid. I did not qualify ‘‘Economic Crisis’’ fund. I have little doubt then we go without until the next time. It for the recent tax rebate. And I have made a that there are many other economic crises cost $51.00 to fill our tank in our mid-size car goal to earn my undergraduate degree with- that will occur. last time. The thought of gas reaching $6.00 out taking out a loan because, in this unsta- The engine of America is in need of main- or even $8.00 per gallon makes us wonder how ble economy, I do not want to have that tenance. This maintenance is needed at the we will possibly pay for it. We do not have added albatross when I go to buy a house and start my family. I am not asking for a hand- individual level. The Economic Crisis fund bus service in Hayden, and being disabled are out, or a loan or even a tax cut (though, ad- can provide for maintenance, and some im- unable to walk to the nearest store which is mittedly, that would be nice). I am a hard provements. Once the engine of America a couple of miles away. worker, and I can make it through college stops running, the entire world is going to We plead with Congress to help us and the without incurring one cent’s worth of debt if see some real economic pain. Some of the many that are in the same situation! Hope- most short sighted world leaders will trans- the government would make a sensible en- fully, Republicans will not sustain too great ergy policy that kept prices at the pump rea- fer this economic pain into other kinds of a loss in the upcoming election so they can pain. Somebody else will be blamed and pu- sonable. What I am afraid is that most mem- push for a sensible domestic energy policy. bers of Congress, and especially the leader- nitive action started. We are wondering if you support Newt Here is another consideration. Some say ship, do not understand that rising gas prices Gingrich’s ‘‘Drill Here. Drill Now. Pay Less.’’ affect lower income families and individuals that the cost of gas is based on speculation. proposal? Hopefully so. If this is true, a disincentive can easily be like I the most. Do they not see that the en- Thank you. tire $150 billion tax rebate will likely be used added to dampen speculative zeal in the form Respectfully, to cover the increased price of energy? The of capital gains taxes. There are long and MIKE and MARY. net economic benefit of the tax rebate is short term capital gains. Let us add another being pumped into our cars and burned. class that would penalize speculation. Ex- This Congress has a terrible record when it Fiery rhetoric about record profits in the oil tend long term capital gains taxes to five comes to sensible solutions to our energy industry may get some people angry, but years. This will allow reasoned investments. problem! does it really do any good? What assurance Keep the tax rate on these low. Speculators This [current] Congress has failed miser- do I get that the price of gas will drop if Con- are usually short term. Raise the tax rate on ably to address the real problems we the pub- gress taxes the oil industry more? What’s the speculation profits. No doubt there will lic face and instead wasted time inves- more, what assurance can you give me that be howls, but then there will be an adjust- tigating horse racing and drugs in sports or the price will not increase as the oil compa- ment, and the overall effect could be that anything else [that provides easy publicity]. nies pass the tax on to me? Some also sug- market manipulation is discouraged while Many [conservatives] are also failing miser- gest that we raise the miles per gallon stand- prudent or targeted investment is encour- ably and voting for (the wrong) politics over ards on cars. That sounds good to me, but I aged. The tax code would also need to be principle in misguided attempts to hang on cannot afford to buy a brand new Prius, amended. to their jobs: earmarks come to mind here as much less a brand new anything. Some also KELLY. well as voting with the [majority] and for say we should increase nuclear, hydro- special interest groups that are against solv- electric, solar and wind power, all senti- We would like to express our concern over ing our energy problems using our own abun- ments that I agree with. But, forgive my ig- Congress’s reluctance to address the energy dant resources. We need to get rid of these norance if I fail to see how building nuclear problem. Rather than blaming oil companies people FAST so that somebody that really plants, dams, windmills or solar panels in- 1 for making an 8 ⁄2% profit, you should all be represents us can get on with solving the crease the oil supply. None of those options blaming yourselves for your lack of fore- problem! helps me at the pump. I still end up paying sight. The law of supply and demand is well As I see it, with all major potential sources the high price of gas. understood out here, but Washington does of domestic oil now legally ‘‘off limits’’ to My feelings on how to solve the current en- not seem to grasp it. Drill . . . off-shore, exploration; with refineries effectively pre- ergy crisis can be summed up with the title ANWR, coal-to-oil, nuclear, solar, wind, vented from increasing their capacities; with of Speaker Newt Gingrich nationwide petition drive: ‘‘Drill Here. Drill Now. Pay shale oil. In short, go to work on the prob- nuclear plants unable to expand and increase Less.’’ which more than 800,000 Americans lem instead talking it to death. Immediately because they are prevented from safely stor- have signed to date. My plea, Senator CRAPO, lift your restrictions on drilling here. ing their waste; with our monstrous quan- Our propane went from $124 every three is that you stand up for the people like me tities of coal, clean or otherwise, on the weeks last winter, to $227 this spring. We are and demand we open our coasts for drilling, verge of being banned; with heavily-sub- broke. Between my physical inability to open the ANWR for drilling, open the Rocky sidized corn-based ethanol now a major rea- work, (but not disabled enough to draw dis- Mountains for drilling. I know we can do it son for the world-wide food crisis, Congress ability), my husband’s $10 an hr. job, our in an environmentally friendly way. We are needs to call a ‘‘time out’’ and take a good mortgage, utilities, transportation costs, the United States, the greatest, most power- look at what they’re doing to our country! It property taxes, auto licenses, home owner’s ful nation on earth. Nothing is impossible for is not something that can continue or ‘‘our insurance, medical insurance, and auto in- us. My grandparents and great-grandparents way of life’’ as we know it will end! And if it surance, we now find ourselves with no gro- lived through a Depression, which dwarfed does, the party identified as making it hap- cery money. Our daughter, tax rebates, unex- the current economic crisis. I want to have pen will find itself at an end too! At some pected refund of medical overpayment, faith in my country that our generation will point, I expect to see our country experience (God), have fed us the first half of this year. meet this issue head on. I have heard people Tell your colleagues that there are real the kind of public protests becoming com- say we cannot drill ourselves out of the cri- people out here that do not make hundreds mon elsewhere around the world, and with sis. But I fail to see how doing nothing to in- of thousands of dollars a year, (of course, if elections coming up shortly, the means will crease domestic oil production solves the we could set our own wages, we would), but be readily at hand to make whatever changes problem either. If a college student who try to live on a gross of $20,000 a year. we need. I vote, and I am really looking at struggled through Economics 101 under- We, our friends, relatives and neighbors are the candidates voting records closely this stands that the bulk of this issue is a supply beginning to suffer. This is the first time in time. problem, what does that say about the lack many years that we have had to worry about FRED, Priest River. of economic prowess on display by a major- our next week’s groceries. We are agonizing ity of Congress? Perhaps an equitable solu- over whether to drop our medical coverage, I am grateful for this opportunity to ex- tion for both sides would be to write a bill but that is so frightening. plain to you how the high gas prices are af- that opens the ANWR and at the same time Thank you for listening. fecting me. I am a 23-year-old senior in col- releases half of the strategic oil reserve. Sincerely, lege from the Burley area. I came home this That would have the immediate effect of CHARLES and WANDA. summer and got a job as a pizza deliverer, lowering gas prices and a longer term effect therefore the amount I make depends a lot of increased supply. Can both sides agree to Thank you for your support in trying to on the price of gasoline, because as the cost something like that? keep our gas prices down. Thank you also for of gasoline rises that is less money that is JARED.

VerDate Mar 15 2010 15:17 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00034 Fmt 0686 Sfmt 0634 E:\BR08\S16SE8.001 S16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19132 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 September 16, 2008 AFRICA specting civilians caught in the cross- ment, donors, U.N. agencies and non- Mr. FEINGOLD. Mr. President, I am fire. Yes, the U.N. Peacekeeping Force governmental organizations. I urge the very concerned that one of Africa’s in Congo, known by its French acro- Ugandan government to show leader- most gruesome and longstanding con- nym MONUC, is supporting the Congo- ship at the highest levels and dem- flicts is once again falling off the radar lese military, but MONUC is already onstrate its willingness to fulfill the screen of this Congress and this admin- overwhelmed by its inability to fully promises it made to the people of istration. For 22 years, northern Ugan- address its primary task: controlling northern Uganda over the last year. da has been caught in a war between the persistent violence in the eastern If the Ugandan government leads and the Ugandan military and rebels of the Congo. I visited that region last sum- takes measures to prevent corruption, Lord’s Resistance Army, leading at its mer and it is a region desperately in the international community should height to the displacement of 1.8 mil- need of greater security. Without ex- back it up with the necessary financial lion people, nearly 90 percent of the re- panded resources and capacity focused and technical support. To signal that gion’s population. Just a few years ago, on this problem, a completely new of- commitment, I call on the administra- an estimated 1,000 people were dying fensive runs a high risk of exacerbating tion to help convene a high-level con- each week in squalid camps, and north- the region’s volatility rather than ad- ference of Uganda donors. Such a con- ern Uganda was called the world’s dressing it. We have seen too many ference can coordinate an effective worst neglected humanitarian crisis. times in this part of the world how donor strategy to support recovery ef- The rebels for their part are reviled rash and uncoordinated ‘‘military solu- forts and hold the Ugandan govern- across the world for their horrific bru- tions’’ have fueled the flames of con- ment accountable. This conference, tality. Over the course of the conflict, flict and generated new political griev- though, must only be the beginning of they have reportedly abducted more ances. reinvigorated institutional engage- than 66,000 children, forcing them into This is not to say that security meas- ment by this administration and the sexual slavery or child soldiering. ures aren’t needed to protect civilians next to bring this conflict to its con- In March of 2007, the Senate passed a in the region and thereby bring perma- clusion, which is finally in sight after resolution I introduced recognizing nent peace to eastern Congo and north- 22 years. Let us make it clear once and this crisis and calling on the adminis- ern Uganda. They are. Until we are for all that the United States is re- tration to support the ongoing peace able to build the capacity of national solved to see peace secured in northern negotiations. These negotiations— and regional institutions, the LRA and Uganda. which began in 2006 in Juba, Southern other armed groups will continue to ex- Too often this Administration has Sudan, and were mediated by the Gov- ploit the region’s borders and wreak leapfrogged from one crisis to another ernment of Southern Sudan—brought a havoc throughout these four countries. in Africa, trying to put out fires but cessation of hostilities and offered the We need more inter-agency collabora- not addressing the underlying factors best opportunity in a decade to bring tion to consider how we can bolster driving these conflicts. This is not a re- an end to the war. At the urging of this sustainable long-term civilian protec- sult of lack of interest or dedication Congress and thousands of concerned tion mechanisms, while in the mean- from our diplomats, for I have seen Americans, the State Department fi- time devising creative short-term first-hand their resourcefulness and nally appointed a senior diplomat to strategies to help fill the gaps. hard work. But the reality is that the coordinate U.S. support for this peace The calm brought by the Juba peace State Department’s Africa Bureau is process. That diplomat, Tim Shortley, process presented an unprecedented op- overwhelmed and under resourced. For played a crucial role over the last year portunity in this conflict’s history to places like northern Uganda or eastern in moving the negotiations forward. In rebuild northern Uganda’s institutions, Congo or the Niger Delta, we do not March 2008, the parties reached an which is the surest safeguard against have the personnel or on-the-ground agreement that was one of the most future violence and instability. I fear presence to respond comprehensively comprehensive of its kind, including that this opportunity is being squan- to insecurity. We in Congress must provisions for truth-telling, disar- dered. Since the cessation of hostilities give greater attention in the coming mament and demobilization, reconcili- was signed two years ago, nearly half months and years to ensuring our dip- ation and accountability. of the people displaced have returned lomats have the resources they need to Unfortunately, the leader of the to their original homes and begun to operate in these neglected conflict Lord’s Resistance Army—LRA—Joseph restore their livelihoods. However, this areas. However, that process begins Kony, has refused to sign the agree- process has increasingly been fraught with us committing to these places, ment. Far more disturbing, his rebels with problems. The lack of access to not just whenever they hit the head- now operating almost entirely outside basic services in the villages and tran- lines but because they are important to Uganda and instead in the border re- sit sites, such as clean water, health our collective security and to basic gion between Central African Republic, care and education, has broken up fam- American principles. Congo, and Southern Sudan have re- ilies and hindered recovery. The lack of f sumed attacks and abducting children. a capable and competent police force They are easily exploiting the region’s and judiciary has left women and girls U.S. OLYMPIANS porous borders and ungoverned spaces vulnerable to sexual violence. Finally, Mr. LEAHY. Mr. President, I rise a problem which, in my view, con- the lack of programs to address under- today to honor two Vermonters who stitutes a threat to international peace lying grievances and psychosocial trau- represented their country this summer and security. Yet rather than intensify ma has allowed tensions to fester. in China. Everyone at one time or an- efforts to engage and pressure Kony to Responsibility for managing north- other has heard the Mark Twain quote, accept the agreement, the United ern Uganda’s transition lies first and ‘‘It’s not the size of the dog in the States and others in the international foremost with the Government of fight, it’s the size of the fight in the community have downscaled our ef- Uganda. I realize that the government dog.’’ Nothing embodies this adage to forts. Instead of mustering the tremen- has limited capacity, but it seems me more than the commendable deter- dous resources at our disposal to press there has been a distinct lack of high- mination of this year’s Vermont sum- the rebels to accept a political solu- level leadership. In October 2007, the mer Olympians. Vermonters have al- tion, we have turned our attention Ugandan government launched a three- ways stood as an example of what a elsewhere again. year $600-million recovery plan for the good hard day’s work can accomplish, As a result, there is now a haphazard war-torn region, but that plan has been and this summer in Beijing was no ex- military operation underway to con- mired in confusion. Its partial imple- ception. In a world of more than 6.5 bil- tain the rebels by the Congolese mili- mentation only began 2 months ago. lion people, our great State of 610,000 tary a force not known for its success Moreover, there continues to be a lack creates world class athletes that stand in defeating armed groups or for re- of coordination between the govern- out against the crowd.

VerDate Mar 15 2010 15:17 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00035 Fmt 0686 Sfmt 0634 E:\BR08\S16SE8.001 S16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 19133 Representing Vermont on the U.S. Lloy Ball, a volleyball player from early, often before work, to pound the Women’s Weightlifting Team was Fort Wayne; David Boudia, a diver pavement, ride the roads and trails, Carissa Gump, originally of Essex. Ever from Noblesville; Amber Campbell, a shoot baskets, hit balls, lift weights or since her middle school gym teacher track and field athlete from Indianap- swim laps, these women and men are first convinced her to pursue olis; Lauren Cheney, a soccer player committed to improving their weightlifting, her dedication has from Indianapolis; LeRoy Dixon, a strength, agility, speed and stamina. I brought her success. One of only two track and field athlete from South am especially proud of the Idahoans U.S. women competing in her weight Bend; Mary Beth Dunnichay, a diver who competed in the 2008 Olympics, class, Carissa was able to finish an im- from Elwood; Thomas Finchum, a diver representing their teams, their Nation pressive fifth in her group and thir- from Indianapolis; David Neville, a and their families with skill and pride. teenth overall. Showing off her track and field athlete from As you may know, Boise resident Vermont bred toughness, she managed Merrillville; Samantha Peszek, a gym- Kristin Armstrong won the gold in the to complete every one of her lifts all nast from Indianapolis; and Bridget women’s cycling time trial. Kristin is while nursing an aggravating left wrist Sloan, a gymnast from Pittsboro, all well known around the Boise area: injury. From reading Carissa’s online represented the Hoosier State as mem- many have seen her cycling or at the blog, anyone can also learn about her bers of Team USA. amazing and loving family. Her par- This Olympiad is the first for many local YMCA where she is an instructor. ents, Kathie and Marty, and her hus- of the Hoosier athletes; others have She is an inspiration to those who band Jason took time away from work donned the colors of Team USA before. know her and she has made Idaho to fly to Beijing with Carissa and give This year, Lloy Ball, a member of the proud. Bishop Kelly High School grad- her their support. This inspiring dis- U.S. men’s volleyball team, became the uate Nick Symmonds advanced to the play of heart truly embodied first male athlete from the United preliminary round in the 800 meter run. Vermont’s Olympic spirit and I would States to compete in four Olympic Georgia Gould, a one-time Ketchum like to join with her family and friends Games. Lloy’s incredible feat will for- resident competed in the women’s in commending Carissa’s remarkable ever be part of Indiana and Olympic mountain bike race. Team USA also in- achievement. cluded Idahoans: Matt Brown, a grad- On the track, the Men’s 800 meters sports history, and I know our entire State is immensely proud to count him uate of Coeur d’Alene High School, featured Norwich native Andrew played third baseman for Team USA in Wheating. Andrew has become a reg- among our own. These Hoosiers have shown superior baseball. Debbie McDonald, from ular in the national headlines ever abilities, extraordinary work ethics, Hailey, competed for Team USA in since he finished second in the U.S. and unflappable determination in their dressage. Idahoans excelled on teams Olympic Trials and earned a ticket to quests to become Olympic athletes. from other nations as well. Clare represent his country in Beijing. Cur- Bodensteiner, a graduate of Minico rently a sophomore at the University The road to the pinnacle of athletic success has required thousands of High School, played for the New Zea- of Oregon and the only Vermonter to land basketball team. Angela Whyte, a run a 4-minute-mile, Andrew has al- hours of demanding training over years former University of Idaho runner and ready established himself as one of the of preparation, yet these athletes show now assistant coach competed for Can- sport’s rising young talents. The son of us that commitment to excellence ada in the 100 meter hurdles and, Betsy and Justin Wheating, Andrew truly has its rewards. For many of our Joachim Olsen, also a University of not only showcased his talent to the Hoosier athletes, the spoils of their Idaho athlete, competed in the shot put world, he also realized a longtime fam- hard work and dedication came in the ily dream. Justin Wheating as a stand- form of an Olympic medal. Lloy Ball for Denmark. Emerson Frostad, a out athlete in his home country of and the men’s volleyball team brought former Lewis-Clark State College base- England never had a chance to rep- home a gold medal, as did Lauren Che- ball player played for Team Canada as resent his country in an Olympic ney and the women’s soccer team. a catcher/first baseman. Eric Matthias, games. However, Mr. Wheating man- David Neville won the bronze medal in a Boise resident and in graduate school aged to pass the torch to an excep- the 400 meter final, and Samantha at Boise State University, competed tional son who Vermont is proud to Peszek and Bridget Sloan were awarded for the British Virgin Islands in the call one of our own and Andrew’s the silver medal with their teammates discus throw. thrilling performance in these Olympic on the women’s gymnastics team. And in the Paralympics—the second- quarterfinals showed the world why. These 10 athletes traveled halfway largest sporting event in the world With all of the success and accolades around the globe to compete against after the Olympics—that are con- the worlds’ finest, and brought with this young man has already accumu- cluding in Beijing this week, Idaho na- them the unwavering support of their lated, there is no doubt in my mind tive Barbara Buchan took the gold in fellow Hoosiers. The people of Indiana that he has a very bright future ahead the 3,000 meter cycling event. Barbara are fortunate to have had such an ex- of him. was the 1972 high school mile run State ceptional group representing us at the In a place historically famous for its champion from Mountain Home High Olympic Games. winter athletes, these exceptional com- School and went on to graduate from petitors just further prove it is impos- Team USA represents the best Amer- ica has to offer, and these Hoosiers Boise State University. She was se- sible to pigeon hole our great State. verely injured in a cycling accident in For those of you who enjoy skiing have made our State and our country proud. 1982, suffering almost fatal wounds. In Vermont in the winter, perhaps it is addition to terrible physical injuries, time to come see why we call them the Mr. CRAPO. Mr. President, the Olympic Games has always been a time she was in a coma for 2 months and had ‘‘Green Mountains’’ next summer? The surgery to remove the damaged parts extraordinary displays of speed and for the world to celebrate the triumph of her brain. After years of physical power by these Vermonters on the of the human spirit and personal quali- and mental rehabilitation, Barbara world’s largest stage perfectly show- ties that determine excellence: dis- came back, her passion for cycling un- cased our diverse range of talent and I cipline, commitment and a positive, changed. A five-time Paralympics com- want to thank Carissa and Andrew for winning attitude. Athletes from all petitor at 52 years old, Barbara em- making their State and country proud. over the world bring pride to their Mr. BAYH. Mr. President, I rise countries, friends and family during bodies the Olympic spirit. today to pay tribute to the 10 out- the Olympic Games. Most importantly, To all these courageous, gifted and standing Hoosier athletes who rep- they achieve the distinction that can dedicated Idaho athletes, I offer my resented the State of Indiana and all of come when an individual applies deter- heartfelt congratulations for a job well the United States in the Games of the mination and hard work to develop a done. You continue to make Idaho XXIX Olympiad in Beijing, China. God-given talent. Motivated to get up proud.

VerDate Mar 15 2010 15:17 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00036 Fmt 0686 Sfmt 0634 E:\BR08\S16SE8.001 S16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19134 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 September 16, 2008 ENFORCEMENT OF INTELLECTUAL board members in the Burlington Com- antiquated facilities. This sends ex- PROPERTY RIGHTS ACT munity School District, and to report actly the wrong message to our young Mr. GRASSLEY. Mr. President, I on their participation in a unique Fed- people about our priorities. We have would like to inform my colleagues of eral partnership to repair and mod- got to do better. my request to be notified of any unani- ernize school facilities. That is why I am deeply grateful to mous consent agreement that would This fall marks the 10th year of the the professionals and parents in the allow for the consideration of S. 3325, Iowa Demonstration Construction Burlington Community School Dis- the Enforcement of Intellectual Prop- Grant Program. That is its formal trict. There is no question that a qual- erty Rights Act of 2008. I intend to rename, but it is better known among ity public education for every child is a serve my right to object to any such educators in Iowa as the program of top priority in that community. I sa- request. Harkin grants for Iowa public schools. lute them, and wish them a very suc- S. 3325 was marked up by the Judici- Since 1998, I have been fortunate to se- cessful new school year.∑ ary Committee just last Thursday cure a total of $121 million for the f State government in Iowa, which se- afternoon. I circulated several amend- LAMONI COMMUNITY EDUCATION ments to address a number of concerns lects worthy school districts to receive ∑ Mr. HARKIN. Mr. President, in Iowa I had about the bill. Two of my amend- these grants for a range of renovation and across the United States, a new ments—one that would add USDA to and repair efforts—everything from up- school year has begun. As you know, the list of agencies on the IPEC Advi- dating fire-safety systems to building Iowa public schools have an excellent sory Committee, and another that new schools or renovating existing fa- reputation nationwide, and Iowa stu- would provide for an orderly transition cilities. In many cases, this Federal dents’ test scores are among the high- from NIPLECC to IPEC—were adopted funding is used to leverage public and/ est in the Nation. by the committee. However, I withheld or private local funding, so it often has I would like to take just a few min- from offering other amendments be- a tremendous multiplier effect in a utes, today, to salute the dedicated cause I received a commitment that local school district. teachers, administrators, and school the chairman and ranking member of The Burlington Community School board members in the Lamoni Commu- the Judiciary Committee would work District received a 2001 Harkin grant nity School District, and to report on with me to address my other concerns. totaling $500,000 which it used to help For example, I have concerns with build a new elementary school. Sunny- their participation in a unique Federal the funding of the new State and local side Elementary is a modern, state-of- partnership to repair and modernize law enforcement grant programs in the-art facility that befits the edu- school facilities. This fall marks the 10th year of the section 501 and the grant match ratio cational ambitions and excellence of Iowa Demonstration Construction for those programs. Further, I have this school district. Indeed, it is the Grant Program. That is its formal concerns with the creation of a new in- kind of school facility that every child name, but it is better known among tellectual property crimes unit at the in America deserves. educators in Iowa as the program of FBI to enforce intellectual property Excellent new schools like Sunnyside Harkin grants for Iowa public schools. rights and the authorization of addi- do not just pop up like mushrooms Since 1998, I have been fortunate to se- tional funding, resources and staff for after a rain. They are the product of vi- cure a total of $121 million for the the FBI to implement these additional sion, leadership, persistence, and a tre- State government in Iowa, which se- responsibilities. I firmly believe that mendous amount of collaboration lects worthy school districts to receive the FBI should focus its efforts on com- among local officials and concerned these grants for a range of renovation bating terrorism. I am concerned about citizens. I salute the entire staff, ad- and repair efforts—everything from up- duplication with work currently being ministration, and governance in the dating fire-safety systems to building performed at ICE and its National In- Burlington Community School Dis- new schools or renovating existing fa- tellectual Property Rights Coordina- trict. In particular, I would like to rec- cilities. In many cases, this Federal tion Center. Moreover, I am concerned ognize the leadership of the board of funding is used to leverage public and/ with language calling for the education—president Thomas Greene, or private local funding, so it often has prioritization of cases involving for- vice president Dennis Kuster, Gary a tremendous multiplier effect in a eign controlled companies, and the Imthurn, Melanie Richardson, Don local school district. lack of any priority for cases inves- Harter, Linda Garwood, Scott Smith The Lamoni Community School Dis- tigated by the FBI that have a nexis to and former board members Tom trict received a 2005 Harkin grant to- potential terrorist activities. Courtney, John Sandell, Joseph Abrisz, taling $500,000 which it used to help My staff will be sitting down with Steven Hoth, Jason Sapsin and Joseph build a new high school. This school is the chairman and ranking member’s Poisel. I would also like to recognize a modern, state-of-the-art facility that staff to work on my concerns. Again, I superintendent Leland Morrison, befits the educational ambitions and intend to reserve my right to object to former superintendent Michael Book, excellence of this school district. In- proceeding to the consideration of S. director of maintenance and construc- deed, it is the kind of school facility 3325 until my concerns have been ad- tion manager Byron Whittlesey and that every child in America deserves. dressed. principal Terri Rauhaus. As we mark the 10th anniversary of The district also received fire safety f the Harkin school grant program in grants totaling $100,000 to make other ADDITIONAL STATEMENTS Iowa, I am obliged to point out that improvements throughout the district. many thousands of school buildings Excellent new schools like Lamoni and facilities across the United States High School do not just pop up like BURLINGTON COMMUNITY are in dire need of renovation or re- mushrooms after a rain. They are the EDUCATION placement. In my State of Iowa alone, product of vision, leadership, persist- ∑ Mr. HARKIN. Mr. President, in Iowa according to a recent study, some 79 ence, and a tremendous amount of col- and across the United States, a new percent of public schools need to be up- laboration among local officials and school year has begun. As you know, graded or repaired. The harsh reality is concerned citizens. I salute the entire Iowa public schools have an excellent that the average age of school build- staff, administration, and governance reputation nationwide, and Iowa stu- ings in the United States is nearly 50 in the Lamoni Community School Dis- dents’ test scores are among the high- years. trict. In particular, I would like to rec- est in the Nation. Too often, our children visit ultra- ognize the leadership of the board of I would like to take just a few min- modern shopping malls and gleaming education, president Bill Morain, Mike utes, today, to salute the dedicated sports arenas on weekends, but during Quick, Dennis McElroy, Michele teachers, administrators, and school the week go to school in rundown or Dickey-Kotz and Dale Killpack and

VerDate Mar 15 2010 15:17 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00037 Fmt 0686 Sfmt 0634 E:\BR08\S16SE8.001 S16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 19135 former board members MaryAnn or private local funding, so it often has I would like to take just a few min- Manuel, Alan Elefson, Bob Bell and a tremendous multiplier effect in a utes, today, to salute the dedicated Mike Ranney. I would also like to rec- local school district. teachers, administrators, and school ognize superintendent Diane Fine, The Shenandoah Community School board members in the South Page Com- former superintendent Mike Harrold, District received a 1999 Harkin Grant munity School District, and to report high school principal Dan Day, grant totaling $526,231 which it used to help on their participation in a unique Fed- writer Shirley Kessel, project manager build a new K–8 school. This school is a eral partnership to repair and mod- Dan Boswell, as well as many commu- modern, state-of-the-art facility that ernize school facilities. nity members who worked hard to befits the educational ambitions and This fall marks the 10th year of the make the dream of a new high school excellence of this school district. In- Iowa Demonstration Construction come true. deed, it is the kind of school facility Grant Program. That is its formal As we mark the 10th anniversary of that every child in America deserves. name, but it is better known among the Harkin school grant program in The district also received a total of educators in Iowa as the program of Iowa, I am obliged to point out that $64,189 from two fire safety grants. The Harkin grants for Iowa public schools. many thousands of school buildings federal grants have made it possible for Since 1998, I have been fortunate to se- and facilities across the United States the district to provide quality and safe cure a total of $121 million for the are in dire need of renovation or re- schools for their students. State government in Iowa, which se- placement. In my State of Iowa alone, Excellent schools do not just pop up lects worthy school districts to receive according to a recent study, some 79 like mushrooms after a rain. They are these grants for a range of renovation percent of public schools need to be up- the product of vision, leadership, per- and repair efforts—everything from up- graded or repaired. The harsh reality is sistence, and a tremendous amount of dating fire-safety systems to building that the average age of school build- collaboration among local officials and new schools or renovating existing fa- ings in the United States is nearly 50 concerned citizens. I salute the entire cilities. In many cases, this Federal years. staff, administration and governance in funding is used to leverage public and/ Too often, our children visit ultra- the Shenandoah Community School or private local funding, so it often has modern shopping malls and gleaming District. In particular I would like to a tremendous multiplier effect in a sports arenas on weekends, but during recognize the leadership of the board of local school district. the week go to school in rundown or education—Marty Maher, Dr. Margaret The South Page Community School antiquated facilities. This sends ex- Brady, Brian Maxine, Dwight Mayer District received a 2002 Harkin grant actly the wrong message to our young and Keith Meyer. I would also like to totaling $298,650 which was used to help people about our priorities. We have recognize superintendant Richard Prof- make improvements on the K–12 build- got to do better. it as well as former board members— ing. The district also received a $50,000 That is why I am deeply grateful to Ken Lee, Roger Jones and Steve fire safety grant that was used to re- the professionals and parents in the Berning and former superintendent place and repair exit lighting and Lamoni Community School District. Connie Maxson. smoke detectors. The Federal grants There is no question that a quality As we mark the 10th anniversary of have made it possible for the district to public education for every child is a the Harkin school grant program in provide quality and safe schools for top priority in that community. I sa- Iowa, I am obliged to point out that their students. lute them, and wish them a very suc- many thousands of school buildings Excellent schools do not just pop up cessful new school year.∑ and facilities across the United States like mushrooms after a rain. They are f are in dire need of renovation or re- the product of vision, leadership, per- placement. In my State of Iowa alone, sistence, and a tremendous amount of SHENANDOAH COMMUNITY according to a recent study, some 79 collaboration among local officials and EDUCATION percent of public schools need to be up- concerned citizens. I salute the entire ∑ Mr. HARKIN. Mr. President, in Iowa graded or repaired. The harsh reality is staff, administration, and governance and across the United States, a new that the average age of school build- in the South Page Community School school year has begun. As you know, ings in the United States is nearly 50 District. In particular, I would like to Iowa public schools have an excellent years. recognize the leadership of the board of reputation nationwide, and Iowa stu- Too often, our children visit ultra- education—president Ellen Nothwehr, dents’ test scores are among the high- modern shopping malls and gleaming Junior Niehart, Ron Peterman, Deb est in the Nation. sports arenas on weekends, but during Wallin and Karl Kenagy as well as I would like to take just a few min- the week go to school in rundown or former board members—Terry Carlson, utes, today, to salute the dedicated antiquated facilities. This sends ex- Larry Murphy and Brenda Swanson. I teachers, administrators, and school actly the wrong message to our young would also like to recognize super- board members in the Shenandoah people about our priorities. We have intendant Joy Jones and former super- Community School District, and to re- got to do better. intendent Iner Joelson. port on their participation in a unique That is why I am deeply grateful to As we mark the 10th anniversary of Federal partnership to repair and mod- the professionals and parents in the the Harkin school grant program in ernize school facilities. Shenandoah Community School Dis- Iowa, I am obliged to point out that This fall marks the 10th year of the trict. There is no question that a qual- many thousands of school buildings Iowa Demonstration Construction ity public education for every child is a and facilities across the United States Grant Program. That is its formal top priority in that community. I sa- are in dire need of renovation or rename, but it is better known among lute them, and wish them a very suc- placement. In my State of Iowa alone, educators in Iowa as the program of cessful new school year.∑ according to a recent study, some 79 Harkin grants for Iowa public schools. f percent of public schools need to be up- Since 1998, I have been fortunate to se- graded or repaired. The harsh reality is cure a total of $121 million for the SOUTH PAGE COMMUNITY that the average age of school build- State government in Iowa, which se- EDUCATION ings in the United States is nearly 50 lects worthy school districts to receive ∑ Mr. HARKIN. Mr. President, in Iowa years. these grants for a range of renovation and across the United States, a new Too often, our children visit ultra- and repair efforts—everything from up- school year has begun. As you know, modern shopping malls and gleaming dating fire-safety systems to building Iowa public schools have an excellent sports arenas on weekends, but during new schools or renovating existing fa- reputation nationwide, and Iowa stu- the week go to school in rundown or cilities. In many cases, this Federal dents’ test scores are among the high- antiquated facilities. This sends ex- funding is used to leverage public and/ est in the Nation. actly the wrong message to our young

VerDate Mar 15 2010 15:17 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00038 Fmt 0686 Sfmt 0634 E:\BR08\S16SE8.001 S16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19136 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 September 16, 2008 people about our priorities. We have In education, technology, and re- overcome the challenges of providing a got to do better. search, USF is at the forefront of aca- permanent and loving home to so many That is why I am deeply grateful to demic and cultural achievement, with children. Remaining steadfast in their the professionals and parents in the enrollment now at 1,700 and a diverse dedication and belief that God has a South Page Community School Dis- student body from over 20 States. For special plan for every child, Rick and trict. There is no question that a qual- 125 years, the university has helped Kathy have raised each of their nine ity public education for every child is a students realize their potential by of- children to be productive, healthy, and top priority in that community. I sa- fering them a quality education and a strong leaders in their schools and lute them, and wish them a very suc- positive social and religious environ- communities. cessful new school year.∑ ment. USF graduates are well-equipped The Clarkes truly represent the f to succeed in a competitive world, de- blessings and the power of adoption. I livering countless benefits to organiza- am pleased to congratulate Rick and HONORING TAMMY CHASE tions and communities close to home Kathy Clarke, Oklahoma’s 2008 Angels ∑ Mr. JOHNSON. Mr. President, I wish and around the globe. in Adoption, and to welcome them to to pay tribute to Sisseton resident I am proud to have this opportunity our Nation’s Capital for this special Tammy Chase and her dedicated serv- to honor the University of Sioux Falls honor.∑ ice to the South Dakota National for its 125 years of outstanding service. f Guard. Serving as the family readiness I strongly commend their hard work TRIBUTE TO HAROLD O. BOURNE group leader, Tammy provides support and dedication, and I am very pleased to units, servicemembers, and families that their substantial efforts are being ∑ Mr. KOHL. Mr. President, several throughout South Dakota. When a sol- publicly honored and celebrated.∑ weeks back I had the great pleasure of dier serves overseas, his or her family f visiting with a constituent I would like and friends must assume additional re- to honor today. Milwaukee resident TRIBUTE TO RICK AND KATHY Harold O. Bourne recently received the sponsibilities and sacrifices. Thanks to CLARKE the work of Tammy, and the family Federal Aviation Administration’s ∑ readiness group, South Dakota Na- Mr. INHOFE. Mr. President, I rise to Wright Brothers Master Pilot award tional Guard families are provided with honor two great Oklahomans, Rick and for flying 50 years without incident. Mr. Bourne has given much to his an extended network of support and re- Kathy Clarke, who are in Washington, country over the years. He enlisted in sources to help them through their DC, for the Congressional Coalition on the U.S. Army in 1951, entered flight time apart. Among her many tasks, Adoption Institute’s annual Angels in school in 1953 and served one tour in Tammy maintains the telephone tree, Adoption Gala. I was pleased to select Korea, two tours in Germany and two publishes newsletters, provides baked Rick and Kathy as 2008 Angels in Adop- tours in Vietnam. In 1980, after 30 years goods to soldiers at monthly drills, or- tion because of their great commitment to adoption at both a personal of service he retired from the Army as ganizes family events, and prepares and professional level. a lieutenant colonel and master army families for possible deployments. When Rick Clarke served for 5 years aviator. Upon his retirement, he moved Countless lives have been touched by as a judge in juvenile court, working to Milwaukee where his love for and her efforts. with abused and neglected children expertise in aviation was put to good Tammy is dedicated and committed every day, both he and his wife, Kathy, use. Mr. Bourne embarked on what to her volunteer work; she has been the formed a desire to help children who would become a 20-year career with As- family readiness group leader for the are most in need—those without fami- tronautics Corporation of America, a past 11 years. She was recently recog- lies. Today, Rick dedicates part of law world leader in supplying military and nized for her efforts when she was pre- practice to adoption cases. He serves as commercial electronics for aviation. sented with the AMVETS PNC John S. a volunteer attorney through Tulsa At 78, Mr. Bourne is still flying. He is Lorec National Guard Volunteer of the Lawyers for Children, as a guardian ad a gentleman in the truest sense of the Year award at the National Guard litem through court appointments, and word. Harold and his wife of 57 years, Family Program conference in St. is on the board of Heritage Family Anne, have given much of themselves Louis, MO. Services, a Tulsa-based adoption agen- over the years, not only to aviation but I am pleased that Tammy’s efforts cy. Kathy has served as a Court Ap- to their community and their church. are being publicly honored and cele- pointed Special Advocate for children. And for that I congratulate and honor brated with this prestigious award. I She also currently works on special them.∑ applaud her for her years of hard work. education issues and is a member of f Tammy’s work in our communities and the PTA. TRIBUTE TO MARK MILLAR State is a testament to her selfless However, it is this family’s personal service to our country. Tammy’s ef- story that sets it apart. The Clarkes ∑ Ms. SNOWE. Mr. President, I con- forts on behalf of all those that are have personally participated in the gratulate Mark Millar on receiving the currently serving in the National adoption process for 13 years and have 2008 Angels in Adoption Award, a tre- Guard are a shining example of patriot- adopted nine children. Throughout mendous honor that highlights his tire- ism, and we can all be inspired by her these years, the Clarke family has less commitment to achieving perma- dedication and service.∑ faced tragedies, hardships, and obsta- nent family connections for children in f cles. Yet they continue to grow as a foster care in Maine. What a well-de- family, both in number and in char- served accolade for such an ennobling 125TH ANNIVERSARY OF THE endeavor. FOUNDING OF UNIVERSITY OF acter. The Clarke’s first adopted child was a Mark Millar began his career as a SIOUX FALLS 3-year-old boy from Oklahoma. The protective services worker and has ∑ Mr. JOHNSON. Mr. President, today next two young children joined the been a critical part of Casey Family I wish to recognize the 125th anniver- family from Russia after being diag- Services in Portland for more than 20 sary of the founding of University of nosed with medical complications. The years. In that time, he and his dedi- Sioux Falls. Over the course of its his- Clarkes later adopted three unrelated cated staff have helped transform the tory, USF has continuously produced girls—aged 15, 13, and 8—through Okla- lives of countless families, by pro- extraordinary graduates with a Chris- homa Department of Human Services. moting kinship care, providing coun- tian liberal arts education. In the mod- Lastly, they provided homes to two sis- seling and other services to strengthen ern, high-tech, and competitive envi- ters from Liberia and an older boy families postadoption, and helping ronment in which we live, USF stu- from Ethiopia. Maine reduce the amount of time re- dents are equipped with the skills that The faith and perseverance of Rick quired to reach legal permanence when are essential for success. and Kathy Clarke enables them to a child enters foster care.

VerDate Mar 15 2010 15:17 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00039 Fmt 0686 Sfmt 0634 E:\BR08\S16SE8.001 S16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 19137 Undoubtedly, we as a nation can and Following Jack’s escape from terror MESSAGES FROM THE PRESIDENT must do more to better equip families in the heart of Nazi Germany, he fur- Messages from the President of the who sacrifice so much to provide safe, ther pledged his services to fight the United States were communicated to loving homes for children in foster Nazi occupation throughout Europe. the Senate by Mrs. Neiman, one of his care. For many families, the decision Jack joined the French Underground secretaries. to open their home to a child is easy, and helped Allied paratroopers escape but it can also be emotionally trying capture in Vichy, France. Soon after, f and financially taxing. That’s why Jack arrived in England where he be- EXECUTIVE MESSAGES REFERRED Mark Millar’s work at Casey Family came an interpreter for the storied As in executive session the presiding Services is so indispensable and pro- 101st Airborne. Jack eventually immi- officer laid before the Senate messages foundly worthy of this distinction. At a grated to America and became a United from the President of the United time where Federal dollars for child States citizen in 1953. States submitting sundry nominations welfare services are regrettably too In 1995, Jack authored the book ‘‘Was which were referred to the appropriate few, Mark Millar and Casey Family God on Vacation?’’, an autobiography committees. Services offer families a support sys- of his life during World War II. This as- (The nominations received today are tem that is dependable and viable. tonishing work gives an in-depth ac- printed at the end of the Senate pro- Mark Millar has also performed re- count of Jack’s struggles and endeav- ceedings.) markable work in helping teens pre- ors from 1940–1947. Jack’s testimony pare for the challenges of adulthood, truly shines a light on the persecution f and challenges many Europeans en- whether though his efforts with the MESSAGES FROM THE HOUSE First Jobs program, which provides ini- dured during World War II and how tial and transitional employment op- some fought dearly to repel the Nazi aggressors. The story of Jack van der portunities at Hannaford for youth ENROLLED BILLS SIGNED aged 15–21, or Casey’s outdoor work- Geest reminds us to never take for readiness and skill development pro- granted the freedoms that so many At 11:05 a.m., a message from the gram. And he has been selfless in his have fought for in our armed services House of Representatives, delivered by extraordinary contributions and inspir- and around the world. Ms. Brandon, one of its reading clerks, ing through the power of his benevo- I would like to send my heartfelt announced that the Speaker has signed lent example. In short, Mark under- congratulations to Jack on his 85th the following enrolled bills: stands and lives out what American birthday and thank him for telling his S. 2403. An act to designate the United novelist, Herman Melville, once elo- story and allowing us all to never for- States courthouse located in the 700 block of get how fortunate we are to be free.∑ East Broad Street, Richmond, Virginia, as quently described in words . . . ‘‘We f the ‘‘Spottswood W. Robinson III and Robert cannot live for ourselves alone. Our R. Merhige Jr., United States Courthouse’’. lives are connected by a thousand in- RECOGNIZING ARMOUR S. 2617. An act to amend title 38, United visible threads, and along these sympa- ELEMENTARY SCHOOL States Code, to codify increases in the rates thetic fibers, our actions run as causes ∑ Mr. THUNE. Mr. President, today I of compensation for veterans with service- and return to us as results.’’ connected disabilities and the rates of de- recognize Armour Elementary School pendency and indemnity compensation for Championing the cause of children for being named a 2008 No Child Left and garnering tangible results that ef- the survivors of certain disabled veterans Behind-Blue Ribbon School. The com- that were effective as of December 1, 2007, to fect the everyday lives of many mitment to quality education that has provide for an increase in the rates of such Mainers are the true measure of Mark’s been shown by the faculty, teachers compensation effective December 1, 2008, and phenomenal trajectory of accomplish- and students at Armour Elementary for other purposes. ment in helping others. And so, we School is truly invaluable in shaping The enrolled bills were subsequently couldn’t be more grateful to Mark for the future leaders of this country. The signed by the President pro tempore what has given and continues to give work that they are doing to meet high- (Mr. BYRD). back to Maine, and I couldn’t be more er achievement standards and greater pleased about this tribute bestowed accountability serves as a model to At 6:18 p.m., a message from the upon him which is a fitting recognition other schools throughout our State and House of Representatives, delivered by of all he has achieved on behalf of all Nation. Mrs. Cole, announced that the House whom he has served.∑ Again, congratulations to Armour has passed the following bills, in which f Elementary School for being named a it requests the concurrence of the Sen- TRIBUTE TO JACK VAN DER blue ribbon school and for making ate: ∑ GEEST South Dakota proud. H.R. 5167. An act to terminate the author- ∑ f ity of the President to waive, with regard to Mr. THUNE. Mr. President, today I Iraq, certain provisions under the National recognize the 85th birthday of Jack van RECOGNIZING WHITEWOOD Defense Authorization Act for Fiscal Year der Geest of Rapid City, SD. A native ELEMENTARY SCHOOL 2008 unless certain conditions are met. of the Netherlands and author of ‘‘Was ∑ Mr. THUNE. Mr. President, today I H.R. 6889. An act to extend the authority of God on Vacation?’’, Jack’s life story is recognize Whitewood Elementary the Secretary of Education to purchase guar- a heroic depiction of courage and the School for being named a 2008 No Child anteed student loans for an additional year, willingness to act against the evils Left Behind-Blue Ribbon School. The and for other purposes. that threaten our world and our free- commitment to quality education that The message also announced that the doms. has been shown by the faculty, teach- House has agreed to the following con- Born in the Netherlands in 1923, ers and students at Whitewood Elemen- current resolution, in which it requests Jack’s younger years witnessed the tary School is truly invaluable in shap- the concurrence of the Senate: horrifying and devastating effect of ing the future leaders of this country. H. Con. Res. 390. Concurrent resolution Nazi Germany in Europe. Jack endured The work that they are doing to meet honoring the 28th Infantry Division for serv- many trials and tribulations after the higher achievement standards and ing and protecting the United States. Nazis invaded his homeland in 1940; greater accountability serves as a The message further announced that however, none of them would prove to model to other schools throughout our the House agrees to the amendments of break Jack’s spirit of perseverance. State and Nation. the Senate to the bill (H.R. 5938) to After his capture, Jack’s resilience Again, congratulations to Whitewood amend title 18, United States Code, to served him well as he became one of Elementary School for being named a provide secret service protection to only eight prisoners to escape from the blue ribbon school and for making former Vice Presidents, and for other Buchenwald concentration camp. South Dakota proud.∑ purposes.

VerDate Mar 15 2010 15:17 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00040 Fmt 0686 Sfmt 0634 E:\BR08\S16SE8.001 S16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19138 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 September 16, 2008 MEASURES REFERRED military, and other uses from the Santa Mar- Capitan, Murray, and Loveland Reservoirs in garita River, California, and for other pur- San Diego County, California in consultation The following bill was read the first poses. and cooperation with the City of San Diego and the second times by unanimous By Mr. BINGAMAN, from the Committee and the Sweetwater Authority, and for other consent, and referred as indicated: on Energy and Natural Resources, without purposes. H.R. 5167. An act to amend the National amendment: H.R. 2246. A bill to provide for the release Defense Authorization Act for Fiscal Year H.R. 31. A bill to amend the Reclamation of any reversionary interest of the United 2008 to remove the authority of the President Wastewater and Groundwater Study and Fa- States in and to certain lands in Reno, Ne- to waive certain provisions; to the Com- cilities Act to authorize the Secretary of the vada. mittee on Armed Services. Interior to participate in the Elsinore Valley H.R. 2614. A bill to amend the Reclamation Wastewater and Groundwater Study and Fa- The following concurrent resolution Municipal Water District Wildomar Service Area Recycled Water Distribution Facilities cilities Act to authorize the Secretary of the was read, and referred as indicated: and Alberhill Wastewater Treatment and Interior to participate in certain water H. Con. Res. 390. Concurrent resolution Reclamation Facility Projects. projects in California. honoring the 28th Infantry Division for serv- H.R. 236. A bill to authorize the Secretary By Mr. BINGAMAN, from the Committee ing and protecting the United States; to the of the Interior to create a Bureau of Rec- on Energy and Natural Resources, with an Committee on Armed Services. lamation partnership with the North Bay amendment in the nature of a substitute: H.R. 2632. A bill to establish the Sabinoso f Water Reuse Authority and other regional partners to achieve objectives relating to Wilderness Area in San Miguel County, New ENROLLED BILLS PRESENTED water supply, water quality, and environ- Mexico, and for other purposes. mental restoration. By Mr. BINGAMAN, from the Committee The Secretary of the Senate reported By Mr. BINGAMAN, from the Committee on Energy and Natural Resources, with an that on September 16, 2008, she had pre- on Energy and Natural Resources, with an amendment: sented to the President of the United amendment in the nature of a substitute: H.R. 3022. A bill to designate the John States the following enrolled bills: H.R. 813. A bill to amend the Reclamation Krebs Wilderness in the State of California, to add certain land to the Sequoia-Kings S. 2403. An act to designate the United Wastewater and Groundwater Study and Fa- Canyon National Park Wilderness, and for States courthouse located in the 700 block of cilities Act to authorize the Secretary of the other purposes. East Broad Street, Richmond, Virginia, as Interior to participate in the Prado Basin By Mr. BINGAMAN, from the Committee the ‘‘Spottswood W. Robinson III and Robert Natural Treatment System Project, to au- on Energy and Natural Resources, without R. Merhige, Jr., United States Courthouse’’. thorize the Secretary to carry out a program to assist agencies in projects to construct re- amendment: S. 2617. An act to amend title 38, United H.R. 3323. A bill to authorize the Secretary States Code, to codify increases in the rates gional brine lines in California, to authorize the Secretary to participate in the Lower of the Interior to convey a water distribu- of compensation for veterans with service- tion system to the Goleta Water District, connected disabilities and the rates of de- Chino Dairy Area desalination demonstration and reclamation project, and for other and for other purposes. pendency and indemnity compensation for By Mr. BINGAMAN, from the Committee purposes. the survivors of certain disabled veterans on Energy and Natural Resources, with an By Mr. BINGAMAN, from the Committee that were effective as of December 1, 2007, to amendment in the nature of a substitute: on Energy and Natural Resources, with an provide for an increase in the rates of such H.R. 3473. A bill to provide for a land ex- amendment and an amendment to the title: compensation effective December 1, 2008, and change with the City of Bountiful, Utah, in- H.R. 816. A bill to provide for the release of for other purposes. volving National Forest System land in the certain land from the Sunrise Mountain In- Wasatch-Cache National Forest and to fur- f stant Study Area in the State of Nevada and ther land ownership consolidation in that to grant a right-of-way across the released REPORTS OF COMMITTEES national forest, and for other purposes. land for the construction and maintenance of By Mr. BINGAMAN, from the Committee The following reports of committees a flood control project. on Energy and Natural Resources, with By Mr. BINGAMAN, from the Committee were submitted: amendments: By Mr. BIDEN, from the Committee on on Energy and Natural Resources, with an H.R. 3490. A bill to transfer administrative Foreign Relations, without amendment: amendment: jurisdiction of certain Federal lands from S. 3168. A bill to authorize United States H.R. 838. A bill to provide for the convey- the Bureau of Land Management to the Bu- participation in the replenishment of re- ance of the Bureau of Land Management par- reau of Indian Affairs, to take such lands sources of the International Development cels known as the White Acre and Gambel into trust for Tuolumne Band of Me-Wuk In- Association, and for other purposes (Rept. Oak properties and related real property to dians of the Tuolumne Rancheria, and for No. 110-464). Park City, Utah, and for other purposes. other purposes. By Mr. LIEBERMAN, from the Committee By Mr. BINGAMAN, from the Committee H.R. 3682. A bill to designate certain Fed- on Homeland Security and Governmental Af- on Energy and Natural Resources, with an eral lands in Riverside County, California, as fairs, with an amendment: amendment in the nature of a substitute: wilderness, to designate certain river seg- S. 2321. A bill to amend the E-Government H.R. 903. A bill to provide for a study of op- ments in Riverside County as a wild, scenic, Act of 2002 (Public Law 107–347) to reauthor- tions for protecting the open space charac- or recreational river, to adjust the boundary ize appropriations, and for other purposes teristics of certain lands in and adjacent to of the Santa Rosa and San Jacinto Moun- (Rept. No. 110–465). the Arapaho and Roosevelt National Forests tains National Monument, and for other pur- By Mr. LIEBERMAN, from the Committee in Colorado, and for other purposes. poses. on Homeland Security and Governmental Af- H.R. 1139. A bill to authorize the Secretary By Mr. BINGAMAN, from the Committee fairs, without amendment: of the Interior to plan, design and construct on Energy and Natural Resources, without S. 2816. A bill to provide for the appoint- facilities to provide water for irrigation, mu- amendment: ment of the Chief Human Capital Officer of nicipal, domestic, and other uses from the H.R. 5137. A bill to ensure that hunting re- the Department of Homeland Security by the Bunker Hill Groundwater Basin, Santa Ana mains a purpose of the New River Gorge Na- Secretary of Homeland Security (Rept. No. River, California, and for other purposes. tional River. 110–466). By Mr. BINGAMAN, from the Committee By Mr. BINGAMAN, from the Committee By Mr. BAUCUS, from the Committee on on Energy and Natural Resources, without on Energy and Natural Resources, with an Finance, with an amendment in the nature amendment: amendment in the nature of a substitute: of a substitute: H.R. 1737. A bill to amend the Reclamation S. 390. A bill to direct the exchange of cer- S. 3038. A bill to amend part E of title IV Wastewater and Groundwater Study and Fa- tain land in Grand, San Juan, and Uintah of the Social Security Act to extend the cilities Act to authorize the Secretary of the Counties, Utah, and for other purposes. adoption incentives program, to authorize Interior to participate in the design, plan- S. 1477. A bill to authorize the Secretary of States to establish a relative guardianship ning, and construction of permanent facili- the Interior to carry out the Jackson Gulch program, to promote the adoption of chil- ties for the GREAT project to reclaim, reuse, rehabilitation project in the State of Colo- dren with special needs, and for other pur- and treat impaired waters in the area of rado. poses (Rept. No. 110–467). Oxnard, California. S. 1680. A bill to provide for the inclusion By Mr. BINGAMAN, from the Committee H.R. 1803. A bill to direct the Secretary of of certain non-Federal land in the Izembek on Energy and Natural Resources, with an the Interior to conduct a feasibility study to National Wildlife Refuge and the Alaska Pe- amendment in the nature of a substitute: design and construct a four reservoir intertie ninsula National Wildlife Refuge in the H.R. 29. A bill to authorize the Secretary of system for the purposes of improving the State of Alaska, and for other purposes. the Interior to construct facilities to provide water storage opportunities, water supply re- S. 1756. A bill to provide supplemental ex water for irrigation, municipal, domestic, liability, and water yield of San Vicente, El gratia compensation to the Republic of the

VerDate Mar 15 2010 15:17 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00041 Fmt 0686 Sfmt 0634 E:\BR08\S16SE8.001 S16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 19139 Marshall Islands for impacts of the nuclear S. 2842. A bill to require the Secretary of S. 3179. A bill to authorize the conveyance testing program of the United States, and for the Interior to carry out annual inspections of certain public land in the State of New other purposes. of canals, levees, tunnels, dikes, pumping Mexico owned or leased by the Department S. 1816. A bill to authorize the Secretary of plants, dams, and reservoirs under the juris- of Energy, and for other purposes. the Interior to establish a commemorative diction of the Secretary, and for other pur- By Mr. BINGAMAN, from the Committee trail in connection with the Women’s Rights poses. on Energy and Natural Resources, with an National Historical Park to link properties By Mr. BINGAMAN, from the Committee amendment in the nature of a substitute: that are historically and thematically asso- on Energy and Natural Resources, with an S. 3189. A bill to amend Public Law 106–392 ciated with the struggle for women’s suf- amendment in the nature of a substitute: to require the Administrator of the Western frage, and for other purposes. S. 2875. A bill to authorize the Secretary of Area Power Administration and the Commis- S. 2093. A bill to amend the Wild and Sce- the Interior to provide grants to designated sioner of Reclamation to maintain sufficient nic Rivers Act to designate a segment of the States and tribes to carry out programs to revenues in the Upper Colorado River Basin Missisquoi and Trout Rivers in the State of reduce the risk of livestock loss due to pre- Fund, and for other purposes. Vermont for study for potential addition to dation by gray wolves and other predator By Mr. BINGAMAN, from the Committee the National Wild and Scenic Rivers System. species or to compensate landowners for live- on Energy and Natural Resources, with an S. 2156. A bill to authorize and facilitate stock loss due to predation. amendment: the improvement of water management by By Mr. BINGAMAN, from the Committee S. 3226. A bill to rename the Abraham Lin- the Bureau of Reclamation, to require the on Energy and Natural Resources, with coln Birthplace National Historic Site in the Secretary of the Interior and the Secretary amendments: State of Kentucky as the ‘‘Abraham Lincoln of Energy to increase the acquisition and S. 2943. A bill to amend the National Trails Birthplace National Historical Park’’. analysis of water resources for irrigation, System Act to designate the Pacific North- By Mr. BINGAMAN, from the Committee hydroelectric power, municipal, and environ- west National Scenic Trail. on Energy and Natural Resources, without mental uses, and for other purposes. By Mr. BINGAMAN, from the Committee amendment: S. 3499. An original bill to protect innocent By Mr. BINGAMAN, from the Committee on Energy and Natural Resources, with an Americans from violent crime in national on Energy and Natural Resources, with an amendment in the nature of a substitute: S. 2974. A bill to provide for the construc- parks. amendment: tion of the Arkansas Valley Conduit in the S. 2255. A bill to amend the National Trails f State of Colorado. System Act to provide for studies of the By Mr. BINGAMAN, from the Committee EXECUTIVE REPORTS OF Chisholm Trail and Great Western Trail to on Energy and Natural Resources, without COMMITTEE determine whether to add the trails to the amendment: National Trails System, and for other pur- S. 3010. A bill to reauthorize the Route 66 The following executive reports of poses. Corridor Preservation Program. committee were submitted on Sep- By Mr. BINGAMAN, from the Committee By Mr. BINGAMAN, from the Committee tember 16, 2008: on Energy and Natural Resources, with on Energy and Natural Resources, with an By Mr. BIDEN, from the Committee on amendments: amendment in the nature of a substitute: Foreign Relations: S. 2354. A bill to direct the Secretary of the S. 3011. A bill to amend the Palo Alto Bat- [Treaty Doc. 110–6 Amendment to Conven- Interior to convey 4 parcels of land from the tlefield National Historic Site Act of 1991 to tion on Physical Protection of Nuclear Ma- Bureau of Land Management to the city of expand the boundaries of the historic site, terial with 1 reservation, 3 understandings, Twin Falls, Idaho. and for other purposes. and 1 declaration (Ex. Rept. 110–24]; By Mr. BINGAMAN, from the Committee S. 3017. A bill to designate the Beaver on Energy and Natural Resources, with an Basin Wilderness at Pictured Rocks National [Treaty Doc. 110–8 Protocols of 2005 to the amendment in the nature of a substitute: Lakeshore in the State of Michigan. Convention concerning Safety of Maritime S. 2359. A bill to establish the St. Augus- S. 3045. A bill to establish the Kenai Moun- Navigation and to the Protocol concerning tine 450th Commemoration Commission, and tains-Turnagain Arm National Forest Herit- Safety of Fixed Platforms on the Conti- for other purposes. age Area in the State of Alaska, and for nental Shelf with reservations, under- By Mr. BINGAMAN, from the Committee other purposes. standings, and declarations (Ex. Rept. 110– on Energy and Natural Resources, without S. 3051. A bill to authorize the Secretary of 25] and amendment: the Interior to study the suitability and fea- [Treaty Doc. 106–1(A) The Hague Conven- S. 2448. A bill to amend the Surface Mining sibility of designating the site of the Battle tion with 4 understandings and 1 declara- Control and Reclamation Act of 1977 to make of Camden in South Carolina, as a unit of the tion (Ex. Rept. 110–26)] certain technical corrections. National Park System, and for other pur- The text of the committee-recommended By Mr. BINGAMAN, from the Committee poses. resolutions of advice and consent to ratifica- on Energy and Natural Resources, with S. 3065. A bill to establish the Dominguez- tion are as follows: Escalante National Conservation Area and amendments: 110–6: AMENDMENT TO CONVENTION ON the Dominguez Canyon Wilderness Area. S. 2535. A bill to revise the boundary of the PHYSICAL PROTECTION OF NUCLEAR MATERIAL Martin Van Buren National Historic Site, S. 3069. A bill to designate certain land as wilderness in the State of California, and for Resolved (two-thirds of the Senators present and for other purposes. concurring therein), By Mr. BINGAMAN, from the Committee other purposes. S. 3085. A bill to require the Secretary of Section 1. Senate Advice and Consent sub- on Energy and Natural Resources, without ject to a reservation, understandings, and a amendment: the Interior to establish a cooperative water- shed management program, and for other declaration. S. 2561. A bill to require the Secretary of The Senate advises and consents to the the Interior to conduct a theme study to purposes. S. 3088. A bill to designate certain land in ratification of the Amendment to the Con- identify sites and resources to commemorate the State of Oregon as wilderness, and for vention on the Physical Protection of Nu- and interpret the Cold War. other purposes. clear Material, adopted on July 8, 2005 (the S. 2779. A bill to amend the Surface Mining S. 3089. A bill to designate certain land in ‘‘Amendment’’) (Treaty Doc. 110–6), subject Control and Reclamation Act of 1977 to clar- the State of Oregon as wilderness, to provide to the reservation of section 2, the under- ify that uncertified States and Indian tribes for the exchange of certain Federal land and standings of section 3, and the declaration of have the authority to use certain payments non-Federal land, and for other purposes. section 4. for certain noncoal reclamation projects. By Mr. BINGAMAN, from the Committee Section 2. Reservation. The advice and By Mr. BINGAMAN, from the Committee on Energy and Natural Resources, without consent of the Senate under section 1 is sub- on Energy and Natural Resources, with an amendment: ject to the following reservation, which shall amendment in the nature of a substitute: S. 3096. A bill to amend the National Cave be included in the instrument of ratification: S. 2805. A bill to direct the Secretary of the and Karst Research Institute Act of 1998 to Consistent with Article 17(3) of the Con- Interior, acting through the Commissioner of authorize appropriations for the National vention on the Physical Protection of Nu- Reclamation, to assess the irrigation infra- Cave and Karst Research Institute. clear a enal, the United States of America structure of the Rio Grande Pueblos in the By Mr. BINGAMAN, from the Committee declares that it does not consider itself State of New Mexico and provide grants to, on Energy and Natural Resources, with an bound by Article 17(2) of the Convention on and enter into cooperative agreements with, amendment and an amendment to the title: the Physical Protection of Nuclear Material the Rio Grande Pueblos to repair, rehabili- S. 3158. A bill to extend the authority for with respect to disputes concerning the in- tate, or reconstruct existing infrastructure, the Cape Cod National Seashore Advisory terpretation or application of the Amend- and for other purposes. Commission. ment. From the Committee on Energy and Nat- By Mr. BINGAMAN, from the Committee Section 3. Understandings. The advice and ural Resources, with an amendment in the on Energy and Natural Resources, with an consent of the Senate under section 1 is sub- nature of a substitute: amendment: ject to the following understandings, which

VerDate Mar 15 2010 15:17 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00042 Fmt 0686 Sfmt 0634 E:\BR08\S16SE8.001 S16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19140 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 September 16, 2008

shall be included in the instrument of ratifi- Fixed Platforms Protocol, with respect to 106–1(A): THE HAGUE CONVENTION cation: disputes concerning the interpretation or ap- Resolved (two-thirds of the Senators present (1) The United States of America under- plication of the Protocol of 2005 to the Pro- concurring therein), stands that the term ‘‘armed conflict’’ in tocol for the Suppression of Unlawful Acts That the Senate advises and consents to Paragraph 5 of the Amendment (Article 2 of against the Safety of Fixed Platforms Lo- the ratification of the Hague Convention for the Convention on the Physical Protection cated on the Continental Shelf. the Protection of Cultural Property in the of Nuclear Material, as amended) does not Section 3. Understandings. The advice and Event of Armed Conflict (the Convention) include internal disturbances and tensions, consent of the Senate under section 1 is sub- concluded on May 14, 1954, and entered into such as riots, isolated and sporadic acts of ject to the following understandings, which force on August 7, 1956 with accompanying violence, and other acts of a similar nature. shall be included in the instrument of ratifi- report from the Department of State. (2) The United States of America under- cation: Resolved (two-thirds of the Senators present stands that the term ‘‘international humani- (1) The United States of America under- concurring therein), tarian law in Paragraph 5 of the Amendment stands that the term ‘‘armed conflict’’ as Section 1. Senate Advice and Consent sub- (Article 2 of the Convention on the Physical used in paragraph 2 of Article 2bis of the ject to understandings and a declaration. Protection of Nuclear Material, as amended) Convention for the Suppression of Unlawful The Senate advises and consents to the has the same substantive meaning as the law Acts against the Safety of Maritime Naviga- ratification of the Hague Convention for the of war. tion, 2005, and incorporated by Article 2 of Protection of Cultural Property in the Event (3) The United States of America under- the 2005 Fixed Platforms Protocol, does not of Armed Conflict, concluded on May 14, 1954 stands that, pursuant to Paragraph 5 of the include internal disturbances and tensions, (Treaty Doc. 106–1(A)), subject to the under- Amendment (Article 2 of the Convention on such as riots, isolated and sporadic acts of standings of section 2 and the declaration of the Physical Protection of Nuclear Material, violence, and other acts of a similar nature. section 3. as amended), the Convention on the Physical (2) The United States of America under- Section 2. Understandings. The advice and Protection of Nuclear Material, as amended, stands that the term ‘‘international humani- consent of the Senate under section 1 is sub- will not apply to: (a) the military forces of a tarian law,’’ as used in paragraphs 1 and 2 of ject to the following understandings, which State, which are the armed forces of a State Article 2bis of the Convention for the Sup- shall be included in the instrument of ratifi- organized, trained, and equipped under its in- pression of Unlawful Acts against the Safety cation: ternal law for the primary purpose of na- of Maritime Navigation, 2005, and incor- (1) It is the understanding of the United tional defense or security, in the exercise of porated by Article 2 of the 2005 Fixed Plat- States of America that ‘‘special protection,’’ their official duties; (b) civilians who direct forms Protocol, has the same substantive as defined in Chapter II of the Convention, or organize the official activities of military meaning as the ‘‘law of war.’’ codifies customary international law in that forces of a State; or (c) civilians acting in (3) The United States of America under- it, first, prohibits the use of any cultural support of the official activities of the mili- stands that, pursuant to paragraph 2 of Arti- property to shield any legitimate military tary forces of a State, if the civilians are cle 2bis of the Convention for the Suppres- targets from attack and, second, allows all under the formal command, control, and re- sion of Unlawful Acts against the Safety of property to be attacked using any lawful and sponsibility of those forces. Maritime Navigation, 2005, and incorporated proportionate means, if required by military Section 4. Declaration. The advice and con- by Article 2 of the 2005 Fixed Platforms Pro- necessity and notwithstanding possible col- sent of the Senate under section 1 is subject tocol, the Protocol for the Suppression of lateral damage to such property. to the following declaration: Unlawful Acts against the Safety of Fixed (2) It is the understanding of the United With the exception of the provisions that Platforms Located on the Continental Shelf, States of America that any decision by any obligate the United States to criminalize 2005, does not apply to: (a) the military military commander, military personnel, or certain of enses, make those offenses punish- forces of a State, which are the armed forces any other person responsible for planning, able by appropriate penalties, and authorize of a State organized, trained, and equipped authorizing, or executing military action or the assertion of jurisdiction over such of- under its internal law for the primary pur- other activities covered by this Convention fenses, this Amendment is self-executing. In- pose of national defense or security, in the shall only be judged on the basis of that per- cluded among the self-executing provisions exercise of their official duties; (b) civilians son’s assessment of the information reason- are those provisions obligating the United who direct or organize the official activities ably available to the person at the time the States to treat certain offenses as extra- of military forces of a State; or (c) civilians person planned, authorized, or executed the ditable offenses for purposes of bilateral ex- acting in support of the official activities of action under review, and shall not be judged tradition treaties. This Amendment does not the military forces of a State, if the civilians on the basis of information that comes to confer private rights enforceable in United are under the formal command, control, and light after the action under review was States courts. responsibility of those forces. taken. 110–8: PROTOCOLS OF 2005 TO THE CONVENTION (4) The United States of America under- (3) It is the understanding of the United CONCERNING SAFETY OF MARITIME NAVIGA- stands that current United States law with States of America that the rules established TION AND TO THE PROTOCOL CONCERNING respect to the rights of persons in custody by the Convention apply only to conven- SAFETY OF FIXED PLATFORMS ON THE CONTI- and persons charged with crimes fulfills the tional weapons, and are without prejudice to NENTAL SHELF requirement in paragraph 2 of Article 10 of the rules of international law governing Resolved (two-thirds of the Senators present the Convention for the Suppression of Un- other types of weapons, including nuclear concurring therein), lawful Acts against the Safety of Maritime weapons. Section 1. Senate Advice and Consent sub- Navigation, 2005, and incorporated by Article (4) It is the understanding of the United ject to a reservation, understandings, and a 2 of the 2005 Fixed Platforms Protocol, and, States of America that, as is true for all ci- declaration. accordingly, the United States does not in- vilian objects, the primary responsibility for The Senate advises and consents to the tend to enact new legislation to fulfill its ob- the protection of cultural objects rests with ratification of the Protocol of 2005 to the ligations under this Article. the Party controlling that property, to en- Protocol for the Suppression of Unlawful Section 4. Declaration. The advice and con- sure that it is properly identified and that it Acts against the Safety of Fixed Platforms sent of the Senate under section 1 is subject is not used for an unlawful purpose. Located on the Continental Shelf, adopted to the following declaration: Section 3. Declaration. The advice and con- on October 14, 2005, and signed on behalf of With the exception of the provisions that sent of the Senate under section 1 is subject the United States of America on February obligate the United States to criminalize to the following declaration: 17, 2006 (the ‘‘2005 Fixed Platforms Pro- certain offenses, make those offenses punish- With the exception of the provisions that tocol’’) (Treaty Doc. 110–8), subject to the able by appropriate penalties, and authorize obligate the United States to impose sanc- reservation of section 2, the understandings the assertion of jurisdiction over such of- tions on persons who commit or order to be of section 3, and the declaration of section 4. fenses, the 2005 Fixed Platforms Protocol is committed a breach of the Convention, this Section 2. Reservation. The advice and self-executing. Included among the self-exe- Convention is self-executing. This Conven- consent of the Senate under section 1 is sub- cuting provisions are those provisions obli- tion does not confer private rights enforce- ject to the following reservation, which shall gating the United States to treat certain of- able in United States courts. be included in the instrument of ratification: fenses as extraditable offenses for purposes f Consistent with Article 16(2) of the Con- of bilateral extradition treaties. None of the vention for the Suppression of Unlawful Acts provisions of the 2005 Fixed Platforms Pro- INTRODUCTION OF BILLS AND against the Safety of Maritime Navigation, tocol, including those incorporating by ref- JOINT RESOLUTIONS 2005, and incorporated by Article 2 of the 2005 erence Articles 7 and 10 of the Convention for Fixed Platforms Protocol, the United States the Suppression of Unlawful Acts against the The following bills and joint resolu- of America declares that it does not consider Safety of Maritime Navigation, 2005, confer tions were introduced, read the first itself bound by Article 16(1) of the Conven- private rights enforceable in United States and second times by unanimous con- tion and incorporated by Article 2 of the 2005 courts. sent, and referred as indicated:

VerDate Mar 15 2010 15:17 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00043 Fmt 0686 Sfmt 0634 E:\BR08\S16SE8.001 S16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 19141

By Mr. STEVENS (for himself, Mr. bound by a statute; to the Committee on the HARKIN) was added as a cosponsor of S. INOUYE, and Mr. SMITH): Judiciary. 1243, a bill to amend title 10, United S. 3491. A bill to amend the Communica- By Mrs. CLINTON: States Code, to reduce the age for re- S. 3502. A bill to provide for the establish- tions Act of 1934 to improve the effectiveness ceipt of military retired pay for non- of rural health care support under section ment of a task force to address the environ- 254(h) of that Act; to the Committee on Com- mental health and safety risks posed to chil- regular service from 60 years of age to merce, Science, and Transportation. dren, and for other purposes; to the Com- 55 years of age. By Mrs. LINCOLN (for herself, Mr. mittee on Homeland Security and Govern- S. 1328 ROCKEFELLER, Ms. COLLINS, Ms. mental Affairs. At the request of Mr. LEAHY, the LANDRIEU, Mr. BAYH, Mr. CASEY, and f name of the Senator from Washington Mr. JOHNSON): SUBMISSION OF CONCURRENT AND (Ms. CANTWELL) was added as a cospon- S. 3492. A bill to amend part E of title IV sor of S. 1328, a bill to amend the Immi- of the Social Security Act to ensure States SENATE RESOLUTIONS follow best policies and practices for sup- gration and Nationality Act to elimi- porting and retaining foster parents and to The following concurrent resolutions nate discrimination in the immigra- require the Secretary of Health and Human and Senate resolutions were read, and tion laws by permitting permanent Services to award grants to States to im- referred (or acted upon), as indicated: partners of United States citizens and prove the empowerment, leadership, support, By Mr. BIDEN (for himself, Mrs. CLIN- lawful permanent residents to obtain training, recruitment, and retention of fos- TON, Mr. KERRY, Ms. MIKULSKI, and lawful permanent resident status in ter care, kinship care, and adoptive parents; Ms. STABENOW): the same manner as spouses of citizens to the Committee on Finance. S. Res. 662. A resolution raising the aware- and lawful permanent residents and to By Mrs. FEINSTEIN (for herself and ness of the need for crime prevention in com- Mrs. BOXER): munities across the country and designating penalize immigration fraud in connec- S. 3493. A bill to require rail carriers to de- the week of October 2, 2008, through October tion with permanent partnerships. velop positive rail control system plans for 4, 2008, as ‘‘Celebrate Safe Communities’’ S. 1376 improving railroad safety and to increase the week; to the Committee on the Judiciary. At the request of Mr. BINGAMAN, the civil penalties for railroad safety violations; By Mr. HAGEL: name of the Senator from New York S. Con. Res. 99. A concurrent resolution to the Committee on Commerce, Science, (Mr. SCHUMER) was added as a cospon- honoring the University of Nebraska at and Transportation. sor of S. 1376, a bill to amend the Pub- By Mrs. BOXER: Omaha for its 100 years of commitment to S. 3494. A bill to restore the value of every higher education; to the Committee on lic Health Service Act to revise and ex- American in environmental decisions, and Health, Education, Labor, and Pensions. pand the drug discount program under for other purposes; to the Committee on En- f section 340B of such Act to improve the vironment and Public Works. provision of discounts on drug pur- By Mrs. BOXER (for herself, Mrs. CLIN- ADDITIONAL COSPONSORS chases for certain safety net provides. TON, Mr. CARDIN, and Mr. S. 211 S. 1514 WHITEHOUSE): At the request of Mrs. CLINTON, the At the request of Mr. DODD, the name S. 3495. A bill to protect pregnant women name of the Senator from New York and children from dangerous lead exposures; of the Senator from North Dakota (Mr. to the Committee on Environment and Pub- (Mr. SCHUMER) was added as a cospon- DORGAN) was added as a cosponsor of S. lic Works. sor of S. 211, a bill to facilitate nation- 1514, a bill to revise and extend provi- By Mrs. BOXER: wide availability of 2-1-1 telephone sions under the Garrett Lee Smith Me- S. 3496. A bill to address the health and service for information and referral on morial Act. economic development impact of nonattain- human services. volunteer services, and S. 1556 ment of federally mandated air quality for other purposes. At the request of Mr. SMITH, the standards in the San Joaquin Valley, Cali- S. 625 fornia, by designating air quality empower- name of the Senator from California ment zones; to the Committee on Environ- At the request of Mr. REID, the name (Mrs. FEINSTEIN) was added as a co- ment and Public Works. of the Senator from Missouri (Mrs. sponsor of S. 1556, a bill to amend the By Mrs. CLINTON: MCCASKILL) was added as a cosponsor Internal Revenue Code of 1986 to extend S. 3497. A bill to amend the Food and Nu- of S. 625, a bill to protect the public the exclusion from gross income for trition Act of 2008 to decrease the period of health by providing the Food and Drug employer-provided health coverage to benefit ineligibility of certain adults due to Administration with certain authority designated plan beneficiaries of em- unemployment; to the Committee on Agri- to regulate tobacco products. ployees, and for other purposes. culture, Nutrition, and Forestry. S. 826 By Mr. VOINOVICH (for himself, Mr. S. 1627 BROWN, Mr. HARKIN, Mr. COCHRAN, At the request of Mr. MENENDEZ, the At the request of Mrs. LINCOLN, the Mr. VITTER, Mr. OBAMA, Mr. BAYH, names of the Senator from Wyoming name of the Senator from Connecticut and Mr. LUGAR): (Mr. ENZI) and the Senator from Wash- (Mr. LIEBERMAN) was added as a co- S. 3498. A bill to amend title 46, United ington (Ms. CANTWELL) were added as sponsor of S. 1627, a bill to amend the States Code, to extend the exemption from cosponsors of S. 826, a bill to post- Internal Revenue Code of 1986 to extend the fire-retardant materials construction re- humously award a Congressional gold and expand the benefits for businesses quirement for vessels operating within the medal to Alice Paul, in recognition of Boundary Line; to the Committee on Com- operating in empowerment zones, en- merce, Science, and Transportation. her role in the women’s suffrage move- terprise communities, or renewal com- By Mr. BINGAMAN: ment and in advancing equal rights for munities, and for other purposes. S. 3499. An original bill to protect innocent women. S. 1738 Americans from violent crime in national S. 1232 At the request of Mr. BIDEN, the parks; from the Committee on Energy and At the request of Mr. DODD, the name names of the Senator from Michigan Natural Resources; placed on the calendar. of the Senator from Oregon (Mr. (Ms. STABENOW), the Senator from Wis- By Mr. LAUTENBERG (for himself, WYDEN) was added as a cosponsor of S. OHL Mrs. BOXER, Mr. VITTER, and Mr. consin (Mr. K ), the Senator from INHOFE): 1232, a bill to direct the Secretary of Delaware (Mr. CARPER), the Senator S. 3500. A bill to amend the Federal Water Health and Human Services, in con- from Nebraska (Mr. HAGEL) and the Pollution Control Act and the Safe Drinking sultation with the Secretary of Edu- Senator from Rhode Island (Mr. REED) Water Act to improve water and wastewater cation, to develop a voluntary policy were added as cosponsors of S. 1738, a infrastructure in the United States; to the for managing the risk of food allergy bill to establish a Special Counsel for Committee on Environment and Public and anaphylaxis in schools, to estab- Child Exploitation Prevention and Works. lish school-based food allergy manage- Interdiction within the Office of the By Mr. FEINGOLD (for himself and ment grants, and for other purposes. Mrs. FEINSTEIN): Deputy Attorney General, to improve S. 3501. A bill to ensure that Congress is S. 1243 the Internet Crimes Against Children notified when the Department of Justice de- At the request of Mr. KERRY, the Task Force, to increase resources for termines that the Executive Branch is not name of the Senator from Iowa (Mr. regional computer forensic labs, and to

VerDate Mar 15 2010 15:17 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00044 Fmt 0686 Sfmt 0634 E:\BR08\S16SE8.001 S16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19142 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 September 16, 2008

make other improvements to increase (Mrs. LINCOLN) was added as a cospon- ator from Mississippi (Mr. WICKER), the the ability of law enforcement agencies sor of S. 3237, a bill to assist volunteer Senator from Colorado (Mr. SALAZAR), to investigate and prosecute predators. fire companies in coping with the pre- the Senator from Minnesota (Ms. S. 2579 cipitous rise in fuel prices. KLOBUCHAR), the Senator from Hawaii At the request of Mr. INOUYE, the S. 3266 (Mr. INOUYE), the Senator from Hawaii names of the Senator from Rhode Is- At the request of Mr. WARNER, the (Mr. AKAKA), the Senator from Ne- land (Mr. WHITEHOUSE), the Senator name of the Senator from Alabama braska (Mr. NELSON) and the Senator from West Virginia (Mr. ROCKEFELLER) (Mr. SESSIONS) was added as a cospon- from Montana (Mr. TESTER) were added and the Senator from Maryland (Ms. sor of S. 3266, a bill to require Congress as cosponsors of S. 3356, a bill to re- MIKULSKI) were added as cosponsors of and Federal departments and agencies quire the Secretary of the Treasury to S. 2579, a bill to require the Secretary to reduce the annual consumption of mint coins in commemoration of the of the Treasury to mint coins in rec- gasoline of the Federal Government. legacy of the United States Army In- ognition and celebration of the estab- S. 3277 fantry and the establishment of the lishment of the United States Army in National Infantry Museum and Soldier At the request of Mr. MENENDEZ, the 1775, to honor the American soldier of name of the Senator from Maine (Ms. Center. both today and yesterday, in wartime S. 3389 SNOWE) was added as a cosponsor of S. and in peace, and to commemorate the 3277, a bill to amend title 31 of the At the request of Mr. SCHUMER, the traditions, history, and heritage of the United States Code to require that names of the Senator from Vermont United States Army and its role in Federal children’s programs be sepa- (Mr. LEAHY) and the Senator from Con- American society, from the colonial rately displayed and analyzed in the necticut (Mr. LIEBERMAN) were added period to today. President’s budget. as cosponsors of S. 3389, a bill to re- S. 2639 quire, for the benefit of shareholders, S. 3311 At the request of Mr. JOHNSON, the the disclosure of payments to foreign name of the Senator from New Jersey At the request of Mr. DURBIN, the governments for the extraction of nat- name of the Senator from North Da- (Mr. MENENDEZ) was added as a cospon- ural resources, to allow such share- sor of S. 2639, a bill to amend title 38, kota (Mr. DORGAN) was added as a co- holders more appropriately to deter- United States Code, to provide for an sponsor of S. 3311, a bill to amend the mine associated risks. Public Health Service Act to improve assured adequate level of funding for S. 3429 mental and behavioral health services veterans health care. At the request of Mr. SCHUMER, the on college campuses. S. 2668 names of the Senator from Montana At the request of Mr. ENSIGN, the S. 3344 (Mr. TESTER), the Senator from Wash- name of the Senator from Wyoming At the request of Mr. COBURN, the ington (Mrs. MURRAY) and the Senator (Mr. ENZI) was added as a cosponsor of name of the Senator from Arizona (Mr. from Delaware (Mr. BIDEN) were added S. 2668, a bill to amend the Internal KYL) was added as a cosponsor of S. as cosponsors of S. 3429, a bill to amend Revenue Code of 1986 to remove cell 3344, a bill to defend against child ex- the Internal Revenue Code to provide phones from listed property under sec- ploitation and child pornography for an increased mileage rate for chari- tion 280F. through improved Internet Crimes table deductions. S. 2817 Against Children task forces and en- S. 3458 At the request of Mr. SALAZAR, the hanced tools to block illegal images, At the request of Mr. BUNNING, the name of the Senator from Florida (Mr. and to eliminate the unwarranted rename of the Senator from Louisiana NELSON) was added as a cosponsor of S. lease of convicted sex offenders. (Mr. VITTER) was added as a cosponsor 2817, a bill to establish the National S. 3356 of S. 3458, a bill to prohibit golden Park Centennial Fund, and for other At the request of Mr. ISAKSON, the parachute payments for former execu- purposes. names of the Senator from Arizona tives and directors of Fannie Mae and S. 2970 (Mr. KYL), the Senator from Kentucky Freddie Mac. At the request of Mr. REID, the name (Mr. BUNNING), the Senator from Or- S. 3474 of the Senator from California (Mrs. egon (Mr. SMITH), the Senator from At the request of Mr. CARPER, the BOXER) was added as a cosponsor of S. Wyoming (Mr. ENZI), the Senator from names of the Senator from Maine (Ms. 2970, a bill to enhance the ability of Indiana (Mr. LUGAR), the Senator from COLLINS) and the Senator from Min- drinking water utilities in the United Tennessee (Mr. CORKER), the Senator nesota (Mr. COLEMAN) were added as co- States to develop and implement cli- from Idaho (Mr. CRAIG), the Senator sponsors of S. 3474, a bill to amend title mate change adaptation programs and from Alaska (Mr. STEVENS), the Sen- 44, United States Code, to enhance in- policies, and for other purposes. ator from Utah (Mr. HATCH), the Sen- formation security of the Federal Gov- S. 3038 ator from Oklahoma (Mr. INHOFE), the ernment, and for other purposes. At the request of Mr. GRASSLEY, the Senator from Oklahoma (Mr. COBURN), AMENDMENT NO. 5327 name of the Senator from Nebraska the Senator from North Carolina (Mr. At the request of Mr. CHAMBLISS, the (Mr. NELSON) was added as a cosponsor BURR), the Senator from Alabama (Mr. name of the Senator from Iowa (Mr. of S. 3038, a bill to amend part E of SHELBY), the Senator from North Caro- HARKIN) was added as a cosponsor of title IV of the Social Security Act to lina (Mrs. DOLE), the Senator from amendment No. 5327 intended to be pro- extend the adoption incentives pro- Ohio (Mr. VOINOVICH), the Senator from posed to S. 3001, an original bill to au- gram, to authorize States to establish Kentucky (Mr. MCCONNELL), the Sen- thorize appropriations for fiscal year a relative guardianship program, to ator from Maine (Ms. COLLINS), the 2009 for military activities of the De- promote the adoption of children with Senator from Alaska (Ms. MURKOWSKI), partment of Defense, for military con- special needs, and for other purposes. the Senator from South Carolina (Mr. struction, and for defense activities of S. 3140 DEMINT), the Senator from South Da- the Department of Energy, to prescribe At the request of Mr. WEBB, the name kota (Mr. THUNE), the Senator from military personnel strengths for such of the Senator from Connecticut (Mr. Wyoming (Mr. BARRASSO), the Senator fiscal year, and for other purposes. LIEBERMAN) was added as a cosponsor from Maine (Ms. SNOWE), the Senator AMENDMENT NO. 5444 of S. 3140, a bill to provide that 4 of the from Pennsylvania (Mr. SPECTER), the At the request of Mr. WARNER, the 12 weeks of parental leave made avail- Senator from Colorado (Mr. ALLARD), name of the Senator from California able to a Federal employee shall be the Senator from New Hampshire (Mr. (Mrs. FEINSTEIN) was added as a co- paid leave, and for other purposes. GREGG), the Senator from Kansas (Mr. sponsor of amendment No. 5444 in- S. 3237 ROBERTS), the Senator from New tended to be proposed to S. 3001, an At the request of Mr. CASEY, the Hampshire (Mr. SUNUNU), the Senator original bill to authorize appropria- name of the Senator from Arkansas from Virginia (Mr. WARNER), the Sen- tions for fiscal year 2009 for military

VerDate Mar 15 2010 15:17 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00045 Fmt 0686 Sfmt 0634 E:\BR08\S16SE8.001 S16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 19143 activities of the Department of De- AMENDMENT NO. 5510 STATEMENTS ON INTRODUCED fense, for military construction, and At the request of Mr. WHITEHOUSE, BILLS AND JOINT RESOLUTIONS for defense activities of the Depart- his name was added as a cosponsor of By Mrs. FEINSTEIN (for herself ment of Energy, to prescribe military amendment No. 5510 intended to be pro- and Mrs. BOXER): personnel strengths for such fiscal posed to S. 3001, an original bill to au- S. 3493. A bill to require rail carriers year, and for other purposes. thorize appropriations for fiscal year to develop positive rail control system AMENDMENT NO. 5445 2009 for military activities of the De- plans for improving railroad safety and partment of Defense, for military con- At the request of Mr. BAYH, the name to increase the civil penalties for rail- struction, and for defense activities of of the Senator from Ohio (Mr. BROWN) road safety violations; to the Com- the Department of Energy, to prescribe was added as a cosponsor of amend- mittee on Commerce, Science, and military personnel strengths for such ment No. 5445 intended to be proposed Transportation. fiscal year, and for other purposes. to S. 3001, an original bill to authorize Mrs. FEINSTEIN. Mr. President, I appropriations for fiscal year 2009 for AMENDMENT NO. 5520 make these remarks on behalf of my military activities of the Department At the request of Mr. KERRY, the friend and colleague, Senator BOXER. of Defense, for military construction, name of the Senator from Maryland She and I are cosponsoring legislation, and for defense activities of the De- (Mr. CARDIN) was added as a cosponsor which I will send to the desk at the end partment of Energy, to prescribe mili- of amendment No. 5520 intended to be of my remarks. On Friday, at 4:30 p.m., a Union Pa- tary personnel strengths for such fiscal proposed to S. 3001, an original bill to cific freight train and a Metrolink year, and for other purposes. authorize appropriations for fiscal year 2009 for military activities of the De- commuter train, loaded with 225 com- AMENDMENT NO. 5493 partment of Defense, for military con- muters, leaving Los Angeles and trav- At the request of Ms. MIKULSKI, her struction, and for defense activities of eling north through the San Fernando name and the name of the Senator the Department of Energy, to prescribe Valley, in the Chatsworth area, col- from Maryland (Mr. CARDIN) were military personnel strengths for such lided on a single track. The collision added as cosponsors of amendment No. fiscal year, and for other purposes. took place at about 40 miles an hour 5493 intended to be proposed to S. 3001, AMENDMENT NO. 5541 for each train. The engine of the an original bill to authorize appropria- Metrolink train was rammed two- At the request of Mrs. FEINSTEIN, the tions for fiscal year 2009 for military name of the Senator from Florida (Mr. thirds through the first car of the activities of the Department of De- Metrolink train. Here it is. Here is the MARTINEZ) was added as a cosponsor of fense, for military construction, and amendment No. 5541 intended to be pro- Union Pacific engine and this mess is for defense activities of the Depart- posed to S. 3001, an original bill to au- the Metrolink engine and it rammed ment of Energy, to prescribe military thorize appropriations for fiscal year two-thirds through the first car. Thus personnel strengths for such fiscal 2009 for military activities of the De- far, 26 people are dead. Some were dis- year, and for other purposes. partment of Defense, for military con- membered by the crash, some bodies AMENDMENT NO. 5499 struction, and for defense activities of had to be removed in a dismembered At the request of Mr. WEBB, the the Department of Energy, to prescribe state from the train. There are 138 peo- names of the Senator from Maryland military personnel strengths for such ple in the hospital, 40 of them in crit- (Mr. CARDIN), the Senator from Ne- fiscal year, and for other purposes. ical condition, and more deaths could braska (Mr. HAGEL) and the Senator well take place. AMENDMENT NO. 5550 This accident happened because of a from Rhode Island (Mr. REED) were At the request of Mr. DOMENICI, the added as cosponsors of amendment No. resistance in the railroad community names of the Senator from Kentucky in America to utilizing existing tech- 5499 intended to be proposed to S. 3001, (Mr. BUNNING) and the Senator from an original bill to authorize appropria- nology to produce a fail-safe control of Idaho (Mr. CRAPO) were added as co- trains to avoid colliding with each tions for fiscal year 2009 for military sponsors of amendment No. 5550 in- activities of the Department of De- other and to avoid one train from tended to be proposed to S. 3001, an crashing into the rear of another. Both fense, for military construction, and original bill to authorize appropria- for defense activities of the Depart- of these have happened in the past. Yet tions for fiscal year 2009 for military today there is no requirement for a ment of Energy, to prescribe military activities of the Department of De- personnel strengths for such fiscal safe control of track and train. fense, for military construction, and The House has passed a bill reauthor- year, and for other purposes. for defense activities of the Depart- izing the Federal Railroad Administra- AMENDMENT NO. 5509 ment of Energy, to prescribe military tion. The Senate has passed a bill reau- At the request of Mr. BAYH, the personnel strengths for such fiscal thorizing the Federal Railroad Admin- names of the Senator from Nebraska year, and for other purposes. istration. They both have provisions, (Mr. NELSON), the Senator from Rhode AMENDMENT NO. 5581 although they are different, for safe Island (Mr. WHITEHOUSE), the Senator At the request of Mr. DODD, the train control in these bills. But noth- from North Carolina (Mrs. DOLE), the names of the Senator from Massachu- ing has happened. The bills have not Senator from Delaware (Mr. BIDEN), setts (Mr. KERRY), the Senator from been conferenced. This must stop. the Senator from Michigan (Ms. Wisconsin (Mr. FEINGOLD), the Senator Let me point out for a minute how STABENOW), the Senator from Pennsyl- from Vermont (Mr. LEAHY), the Sen- positive train control works. Every vania (Mr. CASEY), the Senator from ator from Wyoming (Mr. ENZI), the train’s position is tracked through New Mexico (Mr. BINGAMAN), the Sen- Senator from North Dakota (Mr. DOR- global positioning, which is new tech- ator from Vermont (Mr. SANDERS), the GAN), the Senator from Iowa (Mr. HAR- nology that can monitor its location Senator from Illinois (Mr. DURBIN) and KIN) and the Senator from Arkansas and speed. These systems constantly the Senator from Connecticut (Mr. (Mrs. LINCOLN) were added as cospon- watch for excessive speed, improperly DODD) were added as cosponsors of sors of amendment No. 5581 intended to aligned switches, whether trains are on amendment No. 5509 intended to be pro- be proposed to S. 3001, an original bill the wrong track, unauthorized train posed to S. 3001, an original bill to au- to authorize appropriations for fiscal movements, and whether trains have thorize appropriations for fiscal year year 2009 for military activities of the missed signals to slow or stop. Each 2009 for military activities of the De- Department of Defense, for military train also has equipment on board that partment of Defense, for military con- construction, and for defense activities can take over from the engineer if the struction, and for defense activities of of the Department of Energy, to pre- train doesn’t comply with the safety the Department of Energy, to prescribe scribe military personnel strengths for signals. The system will override the military personnel strengths for such such fiscal year, and for other pur- engineer and automatically put on the fiscal year, and for other purposes. poses. brakes. These systems exist and are in

VerDate Mar 15 2010 15:17 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00046 Fmt 0686 Sfmt 0634 E:\BR08\S16SE8.001 S16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19144 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 September 16, 2008 use today. They are in place in the Chi- They failed to see a yellow warning it be enacted right away, with a plea cago-Detroit corridor and in the North- light telling them to slow down. I that we get the planning moving, with east corridor. But the railroad industry think that same thing has happened a plea that we get 100,000 miles of high- resists them. again. Their freight train slammed into priority track equipped with global po- I believe rail in America has a very a Metrolink commuter train that had sitioning so this never again can hap- real future. California believes it has a stopped on the same track. pen in a high-priority passenger-freight very real future. As a matter of fact, in Now, we know that positive, or safe, train area where the trains are trav- 5 weeks, California has on the ballot a train control would prevent 40 to 60 ac- eling on the same track. If we don’t do $10 billion bond issue to create a high- cidents a year, 7 fatalities, and 55 inju- it, it is going to happen again. speed rail spine down the center of ries a year. So why hasn’t it been put California that runs from Sacramento in place? I actually believe it is neg- By Mr. VOINOVICH (for himself, all the way down to Los Angeles. Now, ligence, and I will even go as far to say Mr. BROWN, Mr. HARKIN, MR. people aren’t going to ride these trains I believe it is criminal negligence not COCHRAN, Mr. VITTER, Mr. unless they know they are safe, and we to do so. OBAMA, Mr. BAYH, and Mr. have an obligation, I believe, to pro- The report also concluded that posi- LUGAR): vide that safety. tive train control could have prevented S. 3498. A bill to amend title 46, I am sorry to have to say this, but a fatal collision in Graniteville, SC, in United States Code, to extend the ex- southern California has the most high- 2005. In this accident, a rail employee emption from the fire-retardant mate- risk track in America. The majority of failed to properly align a track switch. rials construction requirement for ves- Metrolink’s 388 miles of track, which As a result, several cars derailed, dead- sels operating within the Boundary crosses six counties, believe it or not, ly chlorine gases escaped, and nine peo- Line; to the Committee on Commerce, is shared with freight trains. This is ple died. Science, and Transportation. untenable. Cost is used as the reason not to do Mr. VOINOVICH. Mr. President, I ask Let me ask a question: How can you this, but I ask: How can we afford not unanimous consent that the text of the put commuter trains, passenger trains, to do it, whatever the cost? How many bill be printed in the RECORD. on the same track as freight trains accidents does it take? How many There being no objection, the text of going in opposite directions with noth- deaths does it take? How many injuries the bill was ordered to be printed in ing more than a couple of signals that does it take? Experts estimate that the the RECORD, as follows: can be missed, and have been missed, cost is about $2.3 billion to install safe, S. 3498 to avert disaster? technological train controls on 100,000 Be it enacted by the Senate and House of Rep- Again, over the years, the railroad miles of track around the United resentatives of the United States of America in resisted, saying these systems are too States—high priority track. Congress assembled, SECTION 1. EXTENSION OF EXEMPTION. expensive. Well, how expensive is the Today, my colleague, Senator BOXER, loss of human life? The cost of any sys- and I are introducing legislation which Section 3503(a) of title 46, United States Code, is amended by striking ‘‘2008’’ and in- tem doesn’t come close to the cost of takes the strongest parts of the House serting ‘‘2018’’. the lives that were lost this past Fri- and Senate bills and beefs them up. day and that will likely be lost in the This legislation would require positive By Mr. FEINGOLD (for himself future. safe train controls for major freight and Mrs. FEINSTEIN): To date, positive train control has and passenger lines. By 2012, areas de- S. 3501. A bill to ensure that Congress been put to use only in limited areas, clared as high risk by the Department is notified when the Department of including, as I said, parts of the North- of Transportation must run with posi- Justice determines that the Executive east and Chicago and Detroit. Nine tive train control systems. Railroads Branch is not bound by a statute; to railroads in at least 16 States have would be required to develop plans to the Committee on the Judiciary. these positive control projects, but implement these controls within 1 year Mr. FEINGOLD. Mr. President, today California is not one of them. Why, I of enactment of the legislation. These I am introducing, along with the senior ask. It is critical, particularly when— plans must be submitted to the Sec- Senator from California, Senator FEIN- given the element of human error, retary of Transportation also within 1 STEIN, the OLC Reporting Act of 2008. which we may well see in this in- year of enactment. It sets a deadline of In short, the bill would require the At- stance—it may well have been a cell December 31, 2014, for safe rail control torney General to report to Congress phone that was in use at the time of to be in place on all major freight and when the Department of Justice issues the accident by the engineer. passenger lines in America. It would be a legal opinion concluding that the ex- Let me tell you what sort of hours mandatory, and it would require pen- ecutive branch is not bound by a stat- this engineer works. He works 5 days a alties for noncompliance, with fines of ute. Along with the Executive Order week, and it is an 11-hour day. It is a up to $100,000 per violation. Integrity Act of 2008, which I intro- split shift of 15 hours. Let me explain. Passenger rail will not succeed in duced in July with the junior Senator He is due at work at 6 in the morning. this country unless public safety is from Rhode Island, Senator He works until late morning, and then guaranteed. Again, on Friday, these WHITEHOUSE, this bill takes an impor- he has 4 hours off but returns to work trains hit at 40 miles per hour. What tant step toward curbing the executive from 3 p.m. to 9 p.m. That is an 11-hour happens when trains pile into each branch’s reliance on secret law. day in an engine on high alert in major other at 120 miles per hour? The principle behind this bill is populated areas. He performs a critical I have asked the majority leader to straightforward. It is a basic tenet of function, and he does it on an 11-hour include this in the continuing resolu- democratic government that the people workday on a split shift. I think that is tion. I don’t know whether he will—I have a right to know the law. The very untenable. think it is a remote possibility—but I notion of ‘‘secret law’’ has been de- The NTSB, the National Transpor- do believe we need to get this moving scribed in court opinions and law trea- tation Safety Board, has pushed again right now. tises as ‘‘repugnant’’ and ‘‘an abomina- and again for positive train control Once again, look at this. When we tion.’’ That’s why the laws passed by systems, particularly after a deadly know there is global positioning that Congress have historically been mat- crash in my own State in Orange Coun- can be in place to shut down the ters of public record. ty in 2002. Three people died and two freight train and the passenger train But the law that applies in this coun- hundred sixty were injured. In the Or- before they run into each other and we try includes more than just statutes. It ange County crash, the National Trans- do nothing about it, then I believe this includes regulations, the controlling portation Safety Board concluded that body is also culpable and negligent. legal interpretations of the executive a Burlington Northern engineer and a Mr. President, if I might, I send this branch and the courts, and certain conductor were talking to each other. legislation to the desk with a plea that Presidential directives. As we learned

VerDate Mar 15 2010 15:17 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00047 Fmt 0686 Sfmt 0634 E:\BR08\S16SE8.001 S16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 19145 at a hearing of the Judiciary Commit- ing to congressional testimony of This reporting provision, however, does tee’s Constitution Subcommittee that I former OLC head Steve Bradbury, the not reach situations in which OLC chaired in April, this body of executive President’s warrantless wiretapping stops short of declaring a statute un- and judicial law is increasingly being program was supported by OLC opin- constitutional, and instead construes kept secret from the public, and too ions claiming that the President’s the statute not to apply to the execu- often from Congress as well. Perhaps wiretapping authority was not limited tive branch in order to avoid a finding the most troubling recent example of by the constraints of the Foreign Intel- of unconstitutionality. At the hearing secret law is the elaborate legal regime ligence Surveillance Act. The titles of I chaired on secret law, Dawn Johnsen, constructed by DOJ’s Office of Legal other OLC opinions referenced in the who served as the head of OLC for 2 Counsel to justify controversial admin- Yoo memo strongly suggest that other years under President Clinton, testified istration policies that operate outside statutory constraints have been dis- that the law should be amended to re- the framework of statutory law. posed of in a similar manner. quire reporting to Congress in these An opinion issued by OLC is not just The secrecy of these opinions cannot situations as well. Bradford Berenson, a piece of legal advice, such as the ad- be justified or explained away by a former counsel to President Bush from vice individuals or corporations might wholesale claim of privilege. To be 2001–2003, agreed with this modest pro- solicit from their lawyers. An OLC sure, there are sound arguments for posal. opinion binds the entire executive shielding from public disclosure delib- The bill that Senator FEINSTEIN and I branch, just like the ruling of a court. erations among OLC lawyers, as well as are introducing today grew out of this If a court were to reach a different in- final OLC opinions that are not adopt- bipartisan agreement. It was drafted terpretation than OLC, the court’s in- ed as the basis for an executive branch with the substantial assistance and terpretation would prevail—but many policy. But once a final OLC opinion is input of Johnsen, Berenson, and an im- OLC opinions address matters that issued and adopted by an executive pressive group of some of the finest at- courts never have the chance to decide. branch agency or official, that opinion torneys to serve in OLC in past years, On those matters, OLC essentially is no longer mere legal advice or a de- many of whom are now constitutional steps into the role of the courts as the liberative document—it is effectively scholars. The aim was to craft a tar- final interpreter of the law. In the the law. Indeed, in his testimony before geted bill—one that would allow Con- words of Jack Goldsmith, former head the Constitution Subcommittee in gress to be sufficiently informed when of OLC under President Bush: ‘‘These April, the Deputy Assistant Attorney OLC purports to release the executive executive branch precedents are ‘law’ General for OLC acknowledged that the branch from the strictures of a statute, for the executive branch.’’ confidentiality interest in OLC opin- without encroaching on the institu- OLC opinions are ‘‘law’’ in another ions is ‘‘completely different’’ for opin- tional interests, prerogatives, and sense as well. Attorney General ions that have been implemented as privileges of OLC. We took great pains Mukasey has stated that DOJ will not policy, and that such opinions should to ensure that an appropriate balance prosecute a government actor for be made public ‘‘as fast as possible.’’ of power was maintained between the criminal conduct if he or she relied on The Supreme Court expressed the same legislative and executive branches. The an OLC opinion. Thus, even if a court sentiment in legal terms, holding that result is an approach that is narrowly overturns OLC’s interpretation, the ‘‘opinions and interpretations which tailored and eminently reasonable. The bill adds a new disclosure re- opinion may grant retroactive immu- embody [an] agency’s effective law and quirement to 28 U.S.C. 530D, the statu- nity for past violations of the law—ef- policy’’ are not privileged, precisely be- tory provision that requires the Attor- fectively amending the law that ex- cause agencies otherwise would be op- ney General to report to Congress if isted at the time of the criminal act. erating under ‘‘secret law.’’ DOJ decides not to enforce or defend a The Bush administration has relied There is an even stronger interest in statute on the ground that it is uncon- heavily on secret OLC opinions in a disclosure when an OLC opinion constitutional. Under the bill, the Attor- broad range of matters involving core cludes that the executive branch is not ney General must also report to Con- constitutional rights and civil lib- bound by a Federal statute. In such gress under four circumstances. These erties. The administration’s policies on cases, the executive branch is no longer circumstances represent the means by interrogation of detainees were justi- operating according to the rules that which OLC is most likely to exempt fied by OLC opinions that were with- are on the books, and there is truly a the executive branch from the reach of held from Congress and the public for separate—and sometimes conflicting— a statute, in those areas where Con- several years. The President’s regime of secret law. Moreover, Con- gress has the greatest interest in warrantless wiretapping program was gress has an obvious institutional in- knowing about it. justified by OLC opinions that, to this terest in knowing when DOJ opines First, a report is required if DOJ day, have been seen only by a select that the executive branch is not bound issues an opinion that concludes that a few Members of Congress. And, when it by a statute, and the reasons for that Federal statute is unconstitutional. was finally made public this year, the opinion. If DOJ concludes that a stat- Current law requires reporting only March 2003 memorandum on torture ute is unconstitutional, Congress may when DOJ decides not to defend or en- written by John Yoo was filled with wish to challenge this position, or it force a statute, which does not nec- references to other OLC memos that may decide to simply rewrite the law essarily reach cases in which an agency Congress and the public have never to avoid the perceived constitutional policy conflicts with a statute but DOJ seen—on subjects ranging from the problem. Similarly, if DOJ concludes is not presented with the opportunity Government’s ability to detain U.S. that Congress did not intend for a stat- for an enforcement action. citizens without congressional author- ute to apply to the executive branch, Second, a report is required if DOJ ization to the Government’s ability to then Congress should have the oppor- relies on the so-called ‘‘doctrine of con- operate outside the Fourth Amend- tunity to assess this conclusion and re- stitutional avoidance’’ and cites Arti- ment in domestic military operations. vise the law if necessary to make its cle II or the separation of powers—in The few opinions whose content has intent clear. None of this can happen other words, if DOJ determines that been made public share a notable char- when Congress is denied access to the applying a statute to executive branch acteristic: the conclusion that various opinion. officials would raise constitutional laws enacted by Congress do not apply Recognizing Congress’s strong inter- problems. Regardless of the validity of to the conduct of the executive branch. est in knowing when DOJ takes issue this determination, the effect is to ex- The 2003 Yoo torture memo took the with its enactments, current law re- empt executive branch officials from alarming position that the executive quires the Attorney General to report the statute’s reach—a result that Con- branch was not bound by the criminal to Congress when DOJ decides that it gress should know about. statute prohibiting torture when inter- will not enforce or defend a statute be- Third, a report is required if DOJ re- rogating detainees. Likewise, accord- cause the statute is unconstitutional. lies on a ‘‘legal presumption’’ against

VerDate Mar 15 2010 15:17 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00048 Fmt 0686 Sfmt 0634 E:\BR08\S16SE8.001 S16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19146 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 September 16, 2008 applying a statute to the executive [the bill] strikes a sensible and con- an officer, employee, or agency of the De- branch. For example, the Yoo torture stitutionally sound accommodation be- partment of Justice pursuant to a delegation memo relied on the legal presumption tween the executive branch’s need to of authority under section 510) of any provi- that laws of general applicability, such have candid legal advice, to protect na- sion of any Federal statute— ‘‘(i) that concludes that the provision is as those prohibiting torture, do not tional security information, and to unconstitutional or would be unconstitu- apply to the conduct of the military avoid being overburdened by overly in- tional in a particular application; during wartime. The criterion of a trusive reporting requirements and the ‘‘(ii) that relies for the conclusion of the ‘‘legal presumption’’ serves to keep the legislative branch’s need to know the authoritative legal interpretation, in whole reporting requirement narrowly tai- manner in which its laws are inter- or in the alternative, on a determination lored: it captures situations in which preted.’’ They write that enacting this that an interpretation of the provision other the executive branch is exempted from bill ‘‘would have the effect of enhanc- than the authoritative legal interpretation a statute categorically, without requiring democratic accountability and the would raise constitutional concerns under ing reporting in more run-of-the-mill rule of law.’’ I ask unanimous consent article II of the Constitution of the United States or separation of powers principles; cases where a particular executive ac- to place this letter in the record along ‘‘(iii) that relies for the conclusion of the tion simply does not fall within the with my statement. authoritative legal interpretation, in whole statute. Of course, the bill does not represent or in the alternative, on a legal presumption Fourth, a report is required if DOJ a perfect or complete solution to the against applying the provision, whether dur- determines that a statute has been su- problem of secret law. For example, it ing a war or otherwise, to— perseded by a later enactment, when would not reach the now-infamous OLC ‘‘(I) any department or agency established the later enactment does expressly say conclusion that the infliction of pain in the executive branch of the Federal Gov- so. This provision would address situa- does not constitute ‘‘torture’’ unless it ernment, including the Executive Office of tions like OLC’s conclusion that the approaches the level associated with the President and the military departments Authorization for Use of Military ‘‘death, organ failure, or serious im- (as defined in section 101(8) of title 10); or ‘‘(II) any officer, employee, or member of Force superseded the constraints of the pairment of body functions’’—an inter- any department or agency established in the Foreign Intelligence Surveillance Act. pretation that effectively exempted the executive branch of the Federal Government, In such cases, reporting to Congress executive branch from the full scope of including the President and any member of gives Congress the opportunity to clar- the anti-torture statute. Moreover, the Armed Forces; or ify its intent. under the provisions of the bill allow- ‘‘(iv) that concludes the provision has been These reporting requirements are ac- ing the Attorney General to withhold superseded or deprived of effect in whole or companied by several provisions to en- privileged information, Congress may in part by a subsequently enacted statute sure scrupulous respect for executive well be forced to operate under a sig- where there is no express statutory language privileges and prerogatives. The Attor- nificant informational handicap. None- stating an intent to supersede the prior pro- ney General would not be required to vision or deprive it of effect; or’’; theless, the bill represents an impor- (B) in paragraph (2), by striking ‘‘For the disclose the OLC opinion itself, as long tant and necessary step toward curbing purposes’’ and all that follows through ‘‘if as the report to Congress includes the secret law and restoring the proper bal- the report’’ and inserting ‘‘Except as pro- information already required under 28 ance of power between the executive vided in paragraph (4), a report shall be con- U.S.C. 530D whenever DOJ decides not and legislative branches. sidered to be submitted to the Congress for to enforce or defend a statute—namely, When OLC concludes that a statute the purposes of paragraph (1) if the report’’; a complete and detailed statement of passed by Congress does not bind the and the relevant issues and background. executive branch, Congress has a right (C) by adding at the end the following: Furthermore, the bill leaves intact sec- to know that the executive branch is ‘‘(3) DIRECTION REGARDING INTERPRETA- tion 530D’s provision allowing the At- not operating under that statute, and TION.—The submission of a report to Con- gress based on the issuance of an authori- torney General to exclude privileged to be apprised of the law under which tative legal interpretation described in para- information from the statement; the the executive branch is operating. The graph (1)(C) shall be discretionary on the only information that could not be ex- bill I am introducing with Senator part of the Attorney General or an officer de- cluded is the date of the opinion, the FEINSTEIN codifies that right. I urge all scribed in subsection (e) if— statute at issue, and which of the four of my colleagues in the Senate to sup- ‘‘(A) the President or other responsible of- reporting categories the opinion falls port this common-sense measure. ficer of a department or agency established within. No report would be required if Mr. President, I ask unanimous con- in the executive branch of the Federal Gov- officials expressly declined to adopt or sent that the text of the bill and a let- ernment, including the Executive Office of act on the opinion, thus protecting ter of support be printed in the the President and the military departments (as defined in section 101(8) of title 10), ex- RECORD. from disclosure opinions that are truly pressly directs that no action be taken or advisory in nature. There being no objection, the mate- withheld or policy implemented or stayed on The bill also protects the security of rial was ordered to be printed in the the basis of the authoritative legal interpre- classified information. Information RECORD, as follows: tation; and that could harm the national security S. 3501 ‘‘(B) the directive described in subpara- if disclosed publicly could be provided Be it enacted by the Senate and House of Rep- graph (A) is in effect. to Congress in a classified annex. Clas- resentatives of the United States of America in ‘‘(4) CLASSIFIED INFORMATION.— sified information involving intel- Congress assembled, ‘‘(A) SUBMISSION OF REPORT CONTAINING ligence activities would be reported SECTION 1. SHORT TITLE. CLASSIFIED INFORMATION REGARDING INTEL- only to the Intelligence and Judiciary This Act may be cited as the ‘‘OLC Report- LIGENCE ACTIVITIES.—Except as provided in subparagraph (B), if the Attorney General Committees—or, under appropriate cir- ing Act of 2008’’. SEC. 2. REPORTING. submits a report relating to an instance de- cumstances, a more narrow ‘‘Gang of Section 530D of title 28, United States scribed in paragraph (1) that includes a clas- Twelve,’’ to parallel the more limited Code, is amended— sified annex containing information relating disclosure provisions of the National (1) in subsection (a)— to intelligence activities, the report shall be Security Act. (A) in paragraph (1)— considered to be submitted to the Congress The bill’s targeted focus and careful (i) in subparagraph (B), by striking ‘‘or’’ at for the purposes of paragraph (1) if— preservation of executive prerogatives the end; ‘‘(i) the unclassified portion of the report is has earned it the support of former of- (ii) by redesignating subparagraph (C) as submitted to each officer specified in para- ficials from both the Clinton and Bush subparagraph (D); and graph (2); and Administrations. Former head of OLC, (iii) by inserting after subparagraph (B) ‘‘(ii) the classified annex is submitted to the following: the Select Committee on Intelligence and Dawn Johnsen, and former counsel to ‘‘(C) except as provided in paragraph (3), the Committee on the Judiciary of the Sen- President Bush, Bradford Berenson, issues an authoritative legal interpretation ate and the Permanent Select Committee on have written a joint letter endorsing (including an interpretation under section Intelligence and the Committee on the Judi- the bill. In their words: ‘‘[W]e believe 511, 512, or 513 by the Attorney General or by ciary of the House of Representatives.

VerDate Mar 15 2010 15:17 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00049 Fmt 0686 Sfmt 0634 E:\BR08\S16SE8.001 S16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 19147

‘‘(B) SUBMISSION OF REPORT CONTAINING (a)(1), specify the Federal statute, rule, regu- We both had the privilege to testify before CERTAIN CLASSIFIED INFORMATION ABOUT COV- lation, program, policy, or other law at Senators Feingold and Brownback, and the ERT ACTIONS.— issue, and the paragraph and clause of sub- Subcommittee on the Constitution of the ‘‘(i) IN GENERAL.—In a circumstance de- section (a)(1) that describes the action of the Senate Committee on the Judiciary, on April scribed in clause (ii), a report described in Attorney General or other officer of the De- 30, 2008 in a hearing that examined ‘‘Secret that clause shall be considered to be sub- partment of Justice;’’; Law and the Threat to Democratic and Ac- mitted to the Congress for the purposes of (D) in paragraph (3), as so redesignated— countable Government.’’ We served in dif- paragraph (1) if— (i) by striking ‘‘reasons for the policy or ferent administrations, Brad Berenson as As- ‘‘(I) the unclassified portion of the report determination’’ and inserting ‘‘reasons for is submitted to each officer specified in para- the policy, authoritative legal interpreta- sociate Counsel to President George W. Bush graph (2); and tion, or determination’’; and Dawn Johnsen as Acting Assistant At- ‘‘(II) the classified annex is submitted to— (ii) by inserting ‘‘issuing such authori- torney General for the Office of Legal Coun- ‘‘(aa) the chairman and ranking minority tative legal interpretation,’’ after ‘‘or imple- sel (OLC) under President Clinton. During member of the Select Committee on Intel- menting such policy,’’; our testimony, we found ourselves in sub- ligence of the Senate; (iii) by striking ‘‘except that’’ and insert- stantial agreement about the desirability for ‘‘(bb) the chairman and ranking minority ing ‘‘provided that’’; new legislation that would require reporting member of the Committee on the Judiciary (iv) by redesignating subparagraphs (A) to Congress regarding a limited category of of the Senate; and (B) as subparagraphs (B) and (C), respec- OLC legal opinions. ‘‘(cc) the chairman and ranking minority tively; member of the Permanent Select Committee (v) by inserting before subparagraph (B), as As a general matter, we share a deep con- on Intelligence of the House of Representa- so redesignated, the following: cern about safeguarding the legitimate need tives; ‘‘(A) any classified information shall be for confidentiality in the legal advice OLC ‘‘(dd) the chairman and ranking minority provided in a classified annex, which shall be provides to the President and others in the member of the Committee on the Judiciary handled in accordance with the security pro- executive branch, by power delegated by the of the House of Representatives; cedures established under section 501(d) of Attorney General. For example, in some in- ‘‘(ee) the Speaker and minority leader of the National Security Act of 1947 (50 U.S.C. stances national security information must the House of Representatives; and 413(d));’’; be protected. In other instances, such as ‘‘(ff) the majority leader and minority (vi) in subparagraph (B), as so redesig- where OLC advises that a proposed action leader of the Senate. nated— would be illegal, and that advice is accepted, ‘‘(ii) CIRCUMSTANCES.—A circumstance de- (I) by inserting ‘‘except for information described in this clause is a circumstance in the prospect of immediate and routine dis- scribed in paragraph (1) or (2),’’ before ‘‘such closure could deter executive branch officials which— details may be omitted’’; from seeking advice in the first place. ‘‘(I) the Attorney General submits a report (II) by striking ‘‘national-security- or clas- relating to an instance described in para- sified information, of any’’; and We agree, however, that Congress has a le- graph (1) that includes a classified annex (III) by striking ‘‘or other law’’ and insert- gitimate legislative interest in receiving containing information relating to a Presi- ing ‘‘or other statute’’; broader notice than current law provides dential finding described in section 503(a) of (vii) in subparagraph (C), as so redesig- the National Security Act of 1947 (50 U.S.C. with respect to certain categories of OLC nated— 413b(a)); and opinions, which can generally be described as (I) by redesignating clauses (i) and (ii) as ‘‘(II) the President determines that it is es- those in which OLC relies on constitu- clauses (ii) and (iii), respectively; sential to limit access to the information de- tionally based interpretive doctrines to in- (II) by inserting before clause (ii), as so re- scribed in subclause (I) to meet extraor- terpret a law in a way that might come as a designated, the following: dinary circumstances affecting vital inter- surprise to Congress. These include the doc- ‘‘(i) in the case of an authoritative legal in- ests of the United States.’’; terpretation described in subsection (a)(1)(C), trine of ‘‘constitutional avoidance,’’ as well (2) in subsection (b)— as implied repeals or modifications and cer- (A) in paragraph (2), by striking ‘‘and’’ at if a copy of the Office of Legal Counsel or other legal opinion setting forth the authori- tain presumptions against applying statutes the end; to the executive branch officials. In our (B) by redesignating paragraph (3) as para- tative legal interpretation is provided;’’; view, OLC opinions that place substantial re- graph (4); (III) in clause (ii), as so redesignated, by (C) by inserting after paragraph (2) the fol- striking ‘‘subsection (a)(1)(C)(i)’’ and insert- liance on such doctrines present the greatest lowing: ing ‘‘subsection (a)(1)(D)(i)’’; and potential for overreaching by the executive ‘‘(3) under subsection (a)(1)(C)— (IV) in clause (iii), as so redesignated, by branch and thus the greatest need for notifi- ‘‘(A) not later than 30 days after the date striking ‘‘subsection (a)(1)(C)(ii)’’ and insert- cation to Congress. If Congress does not on which the Attorney General, the Office of ing ‘‘subsection (a)(1)(D)(ii)’’; and know about these interpretations, Congress Legal Counsel, or any other officer of the De- (E) in paragraph (4), as so redesignated, by is unable to consider the possibility of legis- partment of Justice issues the authoritative striking ‘‘subsection (a)(1)(C)(i)’’ and insert- lative change or clarification. legal interpretation of the Federal statutory ing ‘‘subsection (a)(1)(D)(i)’’; and For this reason, after the hearing we provision; or (4) in subsection (e)— worked closely with Senate staff as well as ‘‘(B) if the President or other responsible (A) by striking ‘‘(but only with respect to officer of a department or agency established the promulgation of any unclassified Execu- with a group of other former executive in the executive branch of the Federal Gov- tive order or similar memorandum or branch officials and Office of Legal Counsel ernment, including the Executive Office of order)’’; and lawyers to help draft ‘‘The OLC Reporting the President and the military departments (B) by inserting ‘‘issues an authoritative Act of 2008.’’ The resulting bill text was the (as defined in section 101(8) of title 10), issues interpretation described in subsection product of careful consideration and negotia- a directive described in subsection (a)(3) and (a)(1)(C),’’ after ‘‘policy described in sub- tion. The bill mandates reporting in a care- the directive is subsequently rescinded, not section (a)(1)(A),’’. fully defined category of cases and includes later than 30 days after the date on which appropriate provisions to protect national the President or other responsible officer re- SEPTEMBER 15, 2008. security and privileged information. All in scinds that directive; and’’; and Hon. PATRICK LEAHY, all, we believe it strikes a sensible and con- Chairman, Senate Committee on the Judiciary, (D) in paragraph (4), as so redesignated, by stitutionally sound balance between the ex- striking ‘‘subsection (a)(1)(C)’’ and inserting U.S. Senate, Washington DC. ecutive branch’s need to have access to can- ‘‘subsection (a)(1)(D)’’; Hon. ARLEN SPECTER, did legal advice, to protect national security (3) in subsection (c)— U.S. Senate, (A) in paragraph (1), by striking ‘‘or of Washington DC. information, and to avoid being overbur- each approval described in subsection DEAR CHAIRMAN LEAHY AND SENATOR SPEC- dened by unduly intrusive reporting require- (a)(1)(C)’’ and inserting ‘‘of the issuance of TER: We write to convey our strong support ments and the legislative branch’s need to the authoritative legal interpretation de- for ‘‘The OLC Reporting Act of 2008,’’ to be know the manner in which its laws are inter- scribed in subsection (a)(1)(C), or of each ap- introduced by Senator Feingold and Senator preted. We both endorse the bill as intro- proval described in subsection (a)(1)(D)’’; Feinstein. We respectfully urge the com- duced and urge its prompt enactment. (B) by redesignating paragraphs (2) and (3) mittee to give the bill prompt and serious Sincerely, as paragraphs (3) and (4), respectively; consideration, because we believe that the BRAD BERENSON, (C) by inserting after paragraph (1) the fol- addition of the reporting requirement it Sidley Austin. lowing: would create would have the effect of en- DAWN JOHNSEN, ‘‘(2) with respect to a report required under hancing democratic accountability and the Indiana University subparagraph (A), (B), or (C) of subsection rule of law. School of Law.

VerDate Mar 15 2010 15:17 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00050 Fmt 0686 Sfmt 0634 E:\BR08\S16SE8.001 S16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19148 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 September 16, 2008 SUBMITTED RESOLUTIONS crime and build safer communities through- 1952 became the first institution in the Mid- out the United States. west to offer courses by television; Whereas Municipal University became part f SENATE RESOLUTION 662—RAISING of the University of Nebraska system in July THE AWARENESS OF THE NEED SENATE CONCURRENT RESOLU- 1968, and was renamed the University of Ne- FOR CRIME PREVENTION IN TION 99—HONORING THE UNIVER- braska at Omaha, its present-day name; COMMUNITIES ACROSS THE SITY OF NEBRASKA AT OMAHA Whereas, in 1977, the North Central Asso- FOR ITS 100 YEARS OF COMMIT- ciation of Colleges and Secondary Schools COUNTRY AND DESIGNATING gave the University of Nebraska at Omaha THE WEEK OF OCTOBER 2, 2008, MENT TO HIGHER EDUCATION. the highest rating possible; THROUGH OCTOBER 4, 2008, AS Mr. HAGEL submitted the following Whereas, in an effort to gain a more suit- ‘‘CELEBRATE SAFE COMMU- concurrent resolution; which was re- able location for conferences and an off-cam- NITIES’’ WEEK ferred to the Committee on Health, pus class site, the University opened the Peter Kiewit Conference Center in 1980; Mr. BIDEN (for himself, Mrs. CLIN- Education, Labor, and Pensions: Whereas the University has established in- TON, Mr. KERRY, Ms. MIKULSKI, and Ms. S. CON. RES. 99 novative programs that enrich the commu- STABENOW) submitted the following Whereas local leaders in the Omaha area nity through service learning, support of the resolution; which was referred to the formed a corporation known as the Univer- arts, outreach programs for business, edu- Committee on the Judiciary: sity of Omaha on October 8, 1908, for the pro- cation, and government, and creation of S. RES. 662 motion of sound learning and education; dual-enrollment programs for Nebraska high Whereas communities across the country Whereas, on September 14, 1909, the first 26 school students; face localized increases in violence and other University of Omaha students gathered in Whereas the University has 90,000 grad- crime; Redick Hall, located west of 24th and Pratt uates, with nearly half of those still residing, Whereas local law enforcement and com- Streets in the city of Omaha; raising families, and building careers in the munity partnerships are an effective tool for Whereas, during the first 10 years of exist- Omaha metropolitan area; and preventing crime and addressing the fear of ence, the key division of the University of Whereas the year 2008 is the 100th anniver- crime; Omaha was Liberal Arts College, designed to sary of the founding of the University of Ne- Whereas the National Sheriffs’ Association produce a well-rounded and informed stu- braska at Omaha, and the activities to com- (NSA) and the National Crime Prevention dent; memorate its founding will begin on October Council (NCPC) are leading national re- Whereas, in 1910, the University of Ne- 8, 2008: Now, therefore, be it sources that provide community safety and braska announced it would accept all Univer- Resolved by the Senate (the House of Rep- crime prevention tools tested and valued by sity of Omaha coursework as equivalent to resentatives concurring), That Congress con- local law enforcement agencies and commu- its own, a milestone in terms of recognition gratulates the University of Nebraska at nities nationwide; for the new institution and acknowledge- Omaha on its 100 years of outstanding serv- Whereas the NSA and the NCPC have ment of its substantial and respected cur- ice to the city of Omaha, the State of Ne- joined together to create the ‘‘Celebrate Safe riculum; braska, the United States, and the world in Communities’’ initiative in partnership with Whereas, in December 1916, the University fulfilling its mission of providing sound the Bureau of Justice Assistance, Office of of Omaha students had a farewell party for learning and education. Justice Programs, Department of Justice; Redick Hall and moved into their new build- f ing, a 3-story, 30-classroom building named Whereas Celebrate Safe Communities will AMENDMENTS SUBMITTED AND be launched the 1st week of October 2008 to Joslyn Hall; help kick off recognition of October as Crime Whereas, in 1929, the University of Omaha PROPOSED Prevention Month; board of trustees and the people of Omaha SA 5596. Ms. LANDRIEU submitted an Whereas Celebrate Safe Communities is devoted to create the new Municipal Univer- amendment intended to be proposed by her signed to help local communities highlight sity of Omaha to replace the old University to the bill S. 3001, to authorize appropria- the importance of residents and law enforce- of Omaha on May 30, 1930; tions for fiscal year 2009 for military activi- ment working together to keep communities Whereas, in 1936, the Municipal University ties of the Department of Defense, for mili- safe places to live, learn, work, and play; of Omaha acquired 20 acres of land north of tary construction, and for defense activities Whereas Celebrate Safe Communities will Elmwood Park and south of West Dodge of the Department of Energy, to prescribe enhance the public awareness of vital crime Street, which would become the site of the military personnel strengths for such fiscal prevention and safety messages and moti- present-day campus; year, and for other purposes; which was or- vate Americans of all ages to learn what Whereas the University dedicated its beau- dered to lie on the table. they can do to stay safe from crime; tiful Georgian-style administration building SA 5597. Mr. NELSON, of Florida sub- Whereas Celebrate Safe Communities will in November 1938, capable of accommodating mitted an amendment intended to be pro- help promote year-round support for locally a student body of 1,000; posed to amendment SA 5272 submitted by based and law enforcement-led community Whereas the increased enrollment of World Mr. NELSON of Florida and intended to be safety initiatives that help keep families, War II veterans in 1945 due to the Mont- proposed to the bill S. 3001, supra; which was neighborhoods, schools, and businesses safe gomery GI Bill led to the completion of sev- ordered to lie on the table. from crime; and eral new buildings, including a field house, SA 5598. Mr. JOHNSON submitted an amendment intended to be proposed to Whereas the week of October 2, 2008, library, student center, and engineering amendment SA 5519 submitted by Mr. JOHN- through October 4, 2008, is an appropriate building; SON (for himself, Mr . THUNE, and Ms. week to designate as ‘‘Celebrate Safe Com- Whereas, in 1950, the College of Education STABENOW) and intended to be proposed to munities’’ week: Now, therefore, be it was separated from the College of Arts and Resolved, That the Senate— Sciences, and within 3 years 1/3 of all teach- the bill S. 3001, supra; which was ordered to (1) designates the week of October 2, 2008, ers in Omaha public schools held degrees lie on the table. SA 5599. Mr. BAYH submitted an amend- through October 4, 2008, as ‘‘Celebrate Safe from the Municipal University; ment intended to be proposed to amendment Communities’’ week; Whereas the College of Business Adminis- SA 5437 submitted by Mr. BAYH and intended (2) commends the efforts of the thousands tration was founded in 1952, and the business to be proposed to the bill S. 3001, supra; of local law enforcement agencies and their community responded by creating internship which was ordered to lie on the table. countless community partners who are edu- programs for accounting, insurance, real es- SA 5600. Mr. CARPER submitted an amend- cating and engaging residents of all ages in tate, and retailing at major firms and for ment intended to be proposed by him to the the fight against crime; students interested in the field of television bill S. 3001, supra; which was ordered to lie (3) asks communities across the country to at station KMTV; on the table. consider how the Celebrate Safe Commu- Whereas 12,000 members of the military, in- SA 5601. Mr. BIDEN (for himself and Mr. nities initiative can help them highlight cluding 15 who rose to the rank of general, LUGAR) submitted an amendment intended local successes in the fight against crime; were able to receive a Bachelor of General to be proposed to amendment SA 5441 sub- and Education degree through the College of mitted by Mr. REID (for Mr. BIDEN (for him- (4) encourages the National Sheriffs’ Asso- Adult Education ‘‘Bootstrap’’ program; self and Mr. LUGAR)) and intended to be pro- ciation and the National Crime Prevention Whereas the University received a Reserve posed to the bill S. 3001, supra; which was or- Council to continue to promote, during Cele- Officers’ Training Corps (ROTC) unit in July dered to lie on the table. brate Safe Communities week and year- 1951; SA 5602. Mr. BIDEN (for himself and Mr. round, individual and collective action in Whereas Municipal University became a LUGAR) submitted an amendment intended collaboration with law enforcement and leader in radio-television journalism by to be proposed to amendment SA 5566 sub- other supporting local agencies to reduce founding its own radio station in 1951, and in mitted by Mr. BIDEN (for himself and Mr.

VerDate Mar 15 2010 15:17 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00051 Fmt 0686 Sfmt 0634 E:\BR08\S16SE8.001 S16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 19149

LUGAR) and intended to be proposed to the to be proposed by him to the bill S. 3001, ‘‘SEC. 922. INTELLIGENCE TRAINING PROGRAM. bill S. 3001, supra; which was ordered to lie supra; which was ordered to lie on the table. ‘‘(a) DEFINITIONS.—In this section: on the table. f ‘‘(1) DIRECTOR.—The term ‘Director’ means SA 5603. Mr. COBURN submitted an amend- the Director of National Intelligence. ment intended to be proposed by him to the TEXT OF AMENDMENTS ‘‘(2) INSTITUTION OF HIGHER EDUCATION.— bill S. 3001, supra; which was ordered to lie SA 5596. Ms. LANDRIEU submitted The term ‘institution of higher education’ on the table. has the meaning given that term in section SA 5604. Mr. DURBIN (for himself and Mr. an amendment intended to be proposed 101 of the Higher Education Act of 1965 (20 BROWNBACK) submitted an amendment in- by her to the bill S. 3001, to authorize U.S.C. 1001). tended to be proposed by him to the bill S. appropriations for fiscal year 2009 for ‘‘(3) INTELLIGENCE COMMUNITY.—The term 3001, supra; which was ordered to lie on the military activities of the Department ‘intelligence community’ has the meaning table. of Defense, for military construction, given that term in section 3(4) of the Na- SA 5605. Mr. DURBIN (for himself and Mr. and for defense activities of the De- tional Security Act of 1947 (50 U.S.C. 401a(4)). BROWNBACK) submitted an amendment in- partment of Energy, to prescribe mili- ‘‘(4) PROGRAM.—The term ‘program’ means tended to be proposed to amendment SA 5511 tary personnel strengths for such fiscal the grant program authorized by subsection submitted by Mr. DURBIN (for himself and (b). year, and for other purposes; which was Mr. BROWNBACK) and intended to be proposed ‘‘(b) AUTHORITY.—The Director is author- to the bill S. 3001, supra; which was ordered ordered to lie on the table; as follows: ized to establish, determine the scope of, and to lie on the table. On page 452, between lines 9 and 10, insert carry out a grant program to promote lan- SA 5606. Mr. REID submitted an amend- the following: guage analysis, intelligence analysis, and ment intended to be proposed to amendment SEC. 2806. EXPANSION OF AUTHORITY FOR PILOT scientific and technical training, as de- SA 5355 submitted by Mr. GRAHAM (for him- PROJECTS FOR ACQUISITION OR scribed in this section. self and Mr. LIEBERMAN) and intended to be CONSTRUCTION OF MILITARY UNAC- ‘‘(c) PURPOSE.—The purpose of the program proposed to the bill S. 3001, supra; which was COMPANIED HOUSING. shall be to increase the number of individ- ordered to lie on the table. Section 2881a of title 10, United States uals qualified for an entry-level position SA 5607. Mr. NELSON, of Florida sub- Code, is amended— within an element of the intelligence committed an amendment intended to be pro- (1) in subsection (a)— munity by providing— posed to amendment SA 5536 submitted by (A) by striking ‘‘The Secretary of the ‘‘(1) grants to qualified institutions of Mr. SESSIONS (for himself , Mr. NELSON of Ne- Navy’’ and inserting ‘‘(1) The Secretary of higher education, as described in subsection braska, Mr. LIEBERMAN, Mr. KYL, Mr. INHOFE, the Navy’’; and (d); and Mr. GRAHAM, Mr. VITTER, Mr. BROWNBACK, (B) by adding at the end the following new ‘‘(2) grants to qualified individuals, as de- and Mr. CHAMBLISS) and intended to be pro- paragraph: scribed in subsection (e). posed to the bill S. 3001, supra; which was or- ‘‘(2) The Secretary of the Army may carry ‘‘(d) GRANTS TO INSTITUTIONS OF HIGHER dered to lie on the table. out a project under the authority of this sec- EDUCATION.—(1) The Director is authorized SA 5608. Mr. CORNYN submitted an tion or another provision of this subchapter to provide a grant through the program to an amendment intended to be proposed by him to use the private sector for the acquisition institution of higher education to develop a to the bill S. 3001, supra; which was ordered or construction of military unaccompanied course of study to prepare students of such to lie on the table. housing for all ranks at a location with sig- institution for an entry-level language ana- SA 5609. Ms. KLOBUCHAR submitted an nificant identified barracks deficiencies.’’; lyst position, intelligence analyst position, amendment intended to be proposed by her (2) in subsection (b), by striking ‘‘The Sec- or scientific and technical position within an to the bill S. 3001, supra; which was ordered retary of the Navy’’ and inserting ‘‘The Sec- element of the intelligence community. to lie on the table. retaries of the Army and Navy’’; ‘‘(2) An institution of higher education SA 5610. Ms. COLLINS submitted an (3) in subsection (d)(1), by striking ‘‘The seeking a grant under this subsection shall amendment intended to be proposed by her Secretary of the Navy’’ and inserting ‘‘The submit an application describing the pro- to the bill S. 3001, supra; which was ordered Secretaries of the Army and Navy’’; posed use of the grant at such time and in to lie on the table. (4) in subsection (e)(1), by striking ‘‘The such manner as the Director may require. SA 5611. Ms. COLLINS (for herself and Mr. Secretary of the Navy shall transmit’’ and ‘‘(3) The Director shall award a grant to an LIEBERMAN) submitted an amendment in- inserting ‘‘The Secretaries of the Army and institution of higher education under this tended to be proposed by her to the bill S. Navy shall each transmit’’; and subsection— 3001, supra; which was ordered to lie on the (5) in subsection (f)— ‘‘(A) on the basis of the ability of such in- table. (A) by striking ‘‘The authority’’ and institution to use the grant to prepare stu- SA 5612. Mr. KERRY submitted an amend- serting ‘‘(1) The authority’’; and dents for an entry-level language analyst po- ment intended to be proposed to amendment (B) by adding at the end the following new sition, intelligence analyst position, or sci- SA 5593 submitted by Mr. KERRY (for himself paragraph: entific and technical position within an ele- and Mr. SMITH) and intended to be proposed ‘‘(2) The authority of the Secretary of the ment of the intelligence community upon to the bill S. 3001, supra; which was ordered Army to enter into a contract under the completion of study at such institution; and to lie on the table. pilot program shall expire September 30, ‘‘(B) in a manner that provides for geo- SA 5613. Mr. LEVIN submitted an amend- 2010.’’. graphical diversity among the institutions of ment intended to be proposed by him to the higher education that receive such grants. bill S. 3001, supra; which was ordered to lie SA 5597. Mr. NELSON of Florida sub- ‘‘(4) An institution of higher education on the table. mitted an amendment intended to be that receives a grant under this subsection SA 5614. Mr. LEVIN (for Mr. AKAKA) pro- proposed to amendment SA 5272 sub- shall submit to the Director regular reports posed an amendment to the bill S. 3023, to mitted by Mr. NELSON of Florida and regarding the use of such grant, including— amend title 38, United States Code, to im- intended to be proposed to the bill S. ‘‘(A) a description of the benefits to stu- prove and enhance compensation and pen- 3001, to authorize appropriations for dents who participate in the course of study sion, housing, labor and education, and in- funded by such grant; surance benefits for veterans, and for other fiscal year 2009 for military activities ‘‘(B) a description of the results and ac- purposes. of the Department of Defense, for mili- complishments related to such course of SA 5615. Mr. SANDERS submitted an tary construction, and for defense ac- study; and amendment intended to be proposed by him tivities of the Department of Energy, ‘‘(C) any other information that the Direc- to the bill S. 3001, to authorize appropria- to prescribe military personnel tor may require. tions for fiscal year 2009 for military activi- strengths for such fiscal year, and for ‘‘(5) The Director is authorized to provide ties of the Department of Defense, for mili- other purposes; which was ordered to an institution of higher education that retary construction, and for defense activities lie on the table; as follows: ceives a grant under this section with advice of the Department of Energy, to prescribe and counsel related to the use of such grant. military personnel strengths for such fiscal In lieu of the matter proposed to be in- ‘‘(e) GRANTS TO INDIVIDUALS.—(1) The Di- year, and for other purposes; which was or- serted, insert the following: rector is authorized to provide a grant dered to lie on the table. SEC. 1433. INTELLIGENCE TRAINING PROGRAM. through the program to an individual to as- SA 5616. Mr. KERRY (for himself and Ms. (a) IN GENERAL.— sist such individual in pursuing a course of SNOWE) submitted an amendment intended (1) ESTABLISHMENT OF PROGRAM.—Section study— to be proposed by him to the bill S. 3001, 922 of the Ronald W. Reagan National De- ‘‘(A) identified by the Director as meeting supra; which was ordered to lie on the table. fense Authorization Act for Fiscal Year 2005 a current or emerging mission requirement SA 5617. Mr. KERRY (for himself and Ms. (Public Law 108–375; 50 U.S.C. 402 note) is of an element of the intelligence community; SNOWE) submitted an amendment intended amended to read as follows: and

VerDate Mar 15 2010 15:17 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00052 Fmt 0686 Sfmt 0634 E:\BR08\S16SE8.001 S16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19150 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 September 16, 2008 ‘‘(B) that will prepare such individual for head of the element of the intelligence com- lished under section 922(b) of the Ronald W. an entry-level language analyst position, in- munity that employed or intended to employ Reagan National Defense Authorization Act telligence analyst position, or scientific and such individual shall notify the Director of for Fiscal Year 2005, as amended by sub- technical position within an element of the such obligation. section (a)(1), in an amount that exceeds the intelligence community. ‘‘(B) Except as provided in subparagraph amount of funds requested for that program ‘‘(2) The Director is authorized to provide a (D), an obligation to reimburse the United in the budget for that fiscal year submitted grant described in paragraph (1) to an indi- States incurred under such subparagraph (A) to Congress by the President under section vidual for the following purposes: or (B), including interest due on such obliga- 1105(a) of title 31, United States Code. ‘‘(A) To provide a monthly stipend for each tion, is for all purposes a debt owing the month that the individual is pursuing a United States. SA 5598. Mr. JOHNSON submitted an course of study described in paragraph (1). ‘‘(C) A discharge in bankruptcy under title amendment intended to be proposed to ‘‘(B) To pay the individual’s full tuition to 11, United States Code, shall not release an amendment SA 5519 submitted by Mr. permit the individual to complete such a individual from an obligation to reimburse course of study. the United States incurred under such sub- JOHNSON (for himself, Mr. THUNE, and ‘‘(C) To provide an allowance for books and paragraph (A) or (B) if the final decree of the Ms. STABENOW) and intended to be pro- materials that the individual requires to discharge in bankruptcy is issued within 5 posed to the bill S. 3001, to authorize complete such course of study. years after the last day of the period of the appropriations for fiscal year 2009 for ‘‘(D) To pay the individual’s expenses for service requirement described in subpara- military activities of the Department travel that is requested by an element of the graph (4). of Defense, for military construction, intelligence community related to the pro- ‘‘(D) The Director may release an indi- and for defense activities of the De- gram. vidual from part or all of the individual’s ob- partment of Energy, to prescribe mili- ‘‘(3)(A) The Director shall select individ- ligation to reimburse the United States in- uals to receive grants under this subsection curred under such subparagraph (A) or (B) if tary personnel strengths for such fiscal using such procedures as the Director deter- the Director determines that equity or the year, and for other purposes; which was mines are appropriate. interests of the United States require such a ordered to lie on the table; as follows: ‘‘(B) An individual seeking a grant under release. On page 2, line 20, strike ‘‘subsection.’’.’’ this subsection shall submit an application ‘‘(f) MANAGEMENT.—In carrying out the and insert ‘‘subsection. describing the proposed use of the grant at program, the Director shall— ‘‘(4) MAXIMUM AMOUNT FOR CONSOLIDATED such time and in such manner as the Direc- ‘‘(1) be responsible for the oversight of the SCHOOL DISTRICTS.—Notwithstanding any tor may require. program and the development of policy guid- other provision of this section, a local edu- ‘‘(C) The Director is authorized to screen ance and implementing procedures for the cational agency that is formed at any time and qualify each individual selected to re- program; after 1938 by the consolidation of 2 or more ceive a grant under this subsection for the ‘‘(2) solicit participation of institutions of former school districts, of which at least 1 appropriate security clearance without re- higher education in the program through ap- former district was eligible for assistance gard to the date that the employment rela- propriate means; and under this section for the fiscal year pre- tionship between the individual and the ele- ‘‘(3) provide each individual who partici- ceding the year of the consolidation, shall ment of the intelligence community is pates in the program under subsection (e) in- not be eligible under this section for an formed. formation on opportunities available for em- amount that is more than the total of the ‘‘(4) An individual who receives a grant ployment within an element of the intel- amount that each of the former districts re- under this subsection, at a threshold amount ligence community. ceived under this section for the fiscal year to be determined by the Director, shall enter ‘‘(g) PENALTIES FOR FRAUD.—An institution preceding the year of the consolidation.’’. into an agreement to perform, upon such in- of higher education or the officers of such individual’s completion of a course of study de- stitution or an individual who receives a SA 5599. Mr. BAYH submitted an scribed in paragraph (1), 1 year of service grant under the program as a result of fraud amendment intended to be proposed to within an element of the intelligence comin any aspect of the grant process may be munity, as approved by the Director, for subject to criminal or civil penalties in ac- amendment SA 5437 submitted by Mr. each academic year for which such indi- cordance with applicable Federal law. BAYH and intended to be proposed to vidual received grant funds under this sub- ‘‘(h) CONSTRUCTION.—Unless mutually the bill S. 3001, to authorize appropria- section. agreed to by all parties, nothing in this sections for fiscal year 2009 for military ‘‘(5) If an individual who receives a grant tion may be construed to amend, modify, or activities of the Department of De- under this subsection— abrogate any agreement, contract, or em- fense, for military construction, and ‘‘(A) fails to complete a course of study deployment relationship that was in effect on for defense activities of the Depart- scribed in paragraph (1) or the individual’s the day prior to the date of enactment of the ment of Energy, to prescribe military participation in the program is terminated National Defense Authorization Act for Fis- prior to the completion of such course of cal Year 2009. personnel strengths for such fiscal study, either by the Director for misconduct ‘‘(i) EFFECT OF OTHER LAW.—The Director year, and for other purposes; which was or voluntarily by the individual, the indi- shall administer the program pursuant to ordered to lie on the table; as follows: vidual shall reimburse the United States for the provisions of chapter 63 of title 31, In lieu of the matter proposed to be in- the amount of such grant (excluding the in- United States Code and chapter 75 of such serted, insert the following: dividual’s stipend, pay, and allowances); or title, except that the Comptroller General of SEC. 722. REPORT ON COGNITIVE REHABILITA- ‘‘(B) fails to complete the service require- the United States shall have no authority, TION FOR MEMBERS OF THE ARMED ment with an element of the intelligence duty, or responsibility in matters related to FORCES WITH TRAUMATIC BRAIN IN- community described in paragraph (4) after this program.’’. JURY. completion of such course of study or if the (2) CLERICAL AMENDMENTS.— The Secretary of Defense shall submit to individual‘s employment with such element (A) IN GENERAL.—The table of contents in the Committee on Armed Services of the of the intelligence community is terminated section 2(b) of the Ronald W. Reagan Na- Senate and the House of Representatives a either by the head of such element for mis- tional Defense Authorization Act for Fiscal report setting forth the evidence to be re- conduct or voluntarily by the individual Year 2005 (Public Law 108–375; 118 Stat. 1811) quired from a long term, integrated study on prior to the individual’s completion of such is amended by striking the item relating to treatment strategies for cognitive rehabili- service requirement, the individual shall— section 922 and inserting the following: tation for members of the Armed Forces who ‘‘(i) reimburse the United States for full ‘‘Sec. 922. Intelligence training program.’’. have sustained a Traumatic Brain Injury amount of such grant (excluding the individ- (B) TITLE IX.—The table of contents in that (TBI) in order to permit the Department to ual’s stipend, pay, and allowances) if the in- appears before subtitle A of title IX of the Defense to determine how receipt of cog- dividual did not complete any portion of Ronald W. Reagan National Defense Author- nitive rehabilitation by such members for such service requirement; or ization Act for Fiscal Year 2005 (Public Law Traumatic Brain Injury could be reimbursed ‘‘(ii) reimburse the United States for the 108–375; 118 Stat. 2023) is amended by striking as a health care benefit. percentage of the total amount of such grant the item relating to section 922 and inserting (excluding the individual’s stipend, pay, and the following: SA 5600. Mr. CARPER submitted an allowances) that is equal to the percentage amendment intended to be proposed by of the period of such service requirement ‘‘Sec. 922. Intelligence training program.’’. that the individual did not serve. (b) SENSE OF CONGRESS ON FUNDING.—It is him to the bill S. 3001, to authorize ap- ‘‘(6)(A) If an individual incurs an obliga- the sense of Congress that for each fiscal propriations for fiscal year 2009 for tion to reimburse the United States under year after fiscal year 2009, Congress should military activities of the Department subparagraph (A) or (B) of paragraph (5), the not appropriate funds for the program estab- of Defense, for military construction,

VerDate Mar 15 2010 15:17 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00053 Fmt 0686 Sfmt 0634 E:\BR08\S16SE8.001 S16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 19151 and for defense activities of the De- ‘‘(2) CONTRACT PROCESS.—The Postal Serv- carriage of mail in foreign air transportation partment of Energy, to prescribe mili- ice shall contract for foreign air transpor- under subsections 5402(b) and (c) of title 39.’’. tary personnel strengths for such fiscal tation as set forth in paragraph (1) through (6) Section 41910 is amended by striking the year, and for other purposes; which was an open procurement process that will pro- first sentence and inserting ‘‘The United ordered to lie on the table; as follows: vide— States Postal Service may weigh mail trans- ‘‘(A) potential offerors with timely notice ported by aircraft between places in Alaska At the appropriate place insert the fol- of business opportunities in sufficient detail and make statistical and –administrative lowing: to allow them to make a proposal; computations necessary in the interest of SEC. ———. AIR CARRIAGE OF INTERNATIONAL ‘‘(B) requirements, proposed terms and mail service.’’. MAIL. conditions, and evaluation criteria to poten- (7) Chapter 419 is amended— (a) CONTRACTING AUTHORITY.—Section 5402 tial offerors; and (A) by striking sections 41905, 41907, 41908, of title 39, United States Code, is amended by ‘‘(C) an opportunity for unsuccessful and 41911; and striking subsections (b) and (c) and inserting offerors to receive prompt feedback upon re- (B) redesignating sections 41906, 41909, the following: quest. 41910, and 49112 as sections 41905, 41906, 41907, ‘‘(b) INTERNATIONAL MAIL.— ‘‘(3) EMERGENCY OR UNANTICIPATED CONDI- and 41908, respectively. ‘‘(1) IN GENERAL.— TIONS; INADEQUATE LIFT SPACE.—The Postal (8) The chapter analysis for chapter 419 is ‘‘(A) Except as otherwise provided in this Service may enter into contracts to trans- amended by redesignating the items relating subsection, the Postal Service may contract port mail by air in foreign air transportation to sections 41906, 41909, 41910, and 49112 as re- for the transportation of mail by aircraft be- with a certificated air carrier or a foreign air lating to sections 41905, 41906, 41907, and tween any of the points in foreign air transportation only with certificated air carriers. carrier without complying with the require- 41908, respectively. A contract may be awarded to a certificated ments of paragraphs (b)(1) and (2) if— (9) Section 101(f) of title 39, United States air carrier to transport mail by air between ‘‘(A) emergency or unanticipated condi- Code, is amended by striking ‘‘mail and shall any of the points in foreign air transpor- tions exist that make it impractical for the make a fair and equitable distribution of tation that the Secretary of Transportation Postal Service to comply with such require- mail business to carriers providing similar has authorized the carrier to serve either di- ments; or modes of transportation services to the Post- rectly or through a code-share relationship ‘‘(B) its demand for lift exceeds the space al Service.’’ and inserting ‘‘mail.’’. with one or more foreign air carriers. available to it under existing contracts and— (9) Subsections (b) and (c) of section 3401 of ‘‘(B) If the Postal Service has sought offers ‘‘(i) there is insufficient time available to title 39, United States Code, are amended— or proposals from certificated air carriers to seek additional lift using procedures that (A) by striking ‘‘at rates fixed and deter- transport mail in foreign air transportation comply with those requirements without mined by the Secretary of Transportation in between points, or pairs of points within a compromising the Postal Service’s service accordance with section 41901 of title 49’’ and geographic region or regions, and has not re- commitments to its own customers; and inserting ‘‘or, for carriage of mail in foreign ceived offers or proposals that meet Postal ‘‘(ii) the Postal Service first offers any cer- air transportation, other air carriers, air Service requirements at a fair and reason- tificated air carrier holding a contract to taxi operators or foreign air carriers as per- able price from at least 2 such carriers, the carry mail between the relevant points the mitted by section 5402 of this title’’; Postal Service may seek offers or proposals opportunity to carry such excess volumes (B) by striking ‘‘at rates not to exceed from foreign air carriers. Where service in under the terms of its existing contract. those so fixed and determined for scheduled foreign air transportation meeting the Post- ‘‘(c) GOOD FAITH EFFORT REQUIRED.—The United States air carriers’’; al Service’s requirements is unavailable at a Postal Service and potential offerors shall (C) by striking ‘‘scheduled’’ each place it fair and reasonable price from at least 2 cer- put a good-faith effort into resolving dis- appears and inserting ‘‘certificated’’; and tificated air carriers, either directly or putes concerning the award of contracts (D) by striking the last sentence in each through a code-share relationship with one made under subsection (b).’’. such subsection. or more foreign air carriers, the Postal Serv- (b) CONFORMING AMENDMENTS TO TITLE 49.— (10) Section 5402(a) of title 39, United ice may contract with foreign air carriers to (1) Section 41901(a) is amended by striking States Code, is amended— provide the service sought if, when the Post- ‘‘39.’’ and inserting ‘‘39, and in foreign air (A) by inserting ‘‘ ‘foreign air carrier’.’’ al Service seeks offers or proposals from for- transportation under section 5402(b) and (c) after ‘‘ ‘interstate air transportation’,’’ in eign air carriers, it also seeks an offer or of title 39.’’. paragraph (2); proposal to provide that service from any (2) Section 41901(b)(1) is amended by strik- (B) by redesignating paragraphs (7) certificated air carrier providing service being ‘‘in foreign air transportation or’’. through (23) as paragraphs (8) through (24) tween those points, or pairs of points within (3) Section 41902 is amended— and inserting after paragraph (6) the fol- a geographic region or regions, on the same (A) by striking ‘‘in foreign air transpor- lowing: terms and conditions that are being sought tation or’’ in subsection (a); ‘‘(7) the term ‘certificated air carrier’ from foreign air carriers. (B) by striking subsection (b) and inserting means an air carrier that holds a certificate ‘‘(C) For purposes of this subsection, the the following: of public convenience and necessity issued Postal Service shall use a methodology for ‘‘(b) STATEMENTS ON PLACES AND SCHED- under section 41102(a) of title 49;’’; determining fair and reasonable prices for ULES.—Every air carrier shall file with the (C) by redesignating paragraphs (9) the Postal Service designated region or re- United States Postal Service a statement through (24), as redesignated, as paragraphs gions developed in consultation with, and showing— (10) through (25), respectively, and inserting with the concurrence of, certificated air car- ‘‘(1) the places between which the carrier is after paragraph (8) the following: riers representing at least 51 percent of authorized to transport mail in Alaska; ‘‘(9) the term ‘code-share relationship’ available ton miles in the markets of inter- ‘‘(2) every schedule of aircraft regularly op- means a relationship pursuant to which any est. erated by the carrier between places de- certificated air carrier or foreign air car- ‘‘(D) For purposes of this subsection, ceil- scribed in paragraph (1) and every change in rier’s designation code is used to identify a ing prices determined pursuant to the meth- each schedule; and flight operated by another air carrier or for- odology used under subparagraph (C) shall be ‘‘(3) for each schedule, the places served by eign air carrier;’’; and presumed to be fair and reasonable if they do the carrier and the time of arrival at, and de- (D) by inserting ‘‘foreign air carrier,’’ after not exceed the ceiling prices derived from— parture from, each such place.’’; ‘‘terms’’ in paragraph (2). ‘‘(i) a weighted average based on market (C) by striking ‘‘subsection (b)(3)’’ each (c) EFFECTIVE DATE.—The amendments rate data furnished by the International Air place it appears in subsections (c)(1) and (d) made by this section shall take effect on Oc- Transport Association or a subsidiary unit and inserting ‘‘subsection (b)(2)’’; and tober 1, 2008. thereof; or (D) by striking subsections (e) and (f). ‘‘(ii) if such data are not available from (4) Section 41903 is amended by striking ‘‘in SA 5601. Mr. BIDEN (for himself and those sources, such other neutral, regularly foreign air transportation or’’ each place it Mr. LUGAR) submitted an amendment updated set of weighted average market appears. intended to be proposed to amendment rates as the Postal Service, with the concur- (5) Section 41904 is amended— SA 5441 submitted by Mr. REID (for Mr. rence of certificated air carriers representing (A) by striking ‘‘to or in foreign countries’’ BIDEN (for himself and Mr. LUGAR)) and at least 51 percent of available ton miles in in the section heading; intended to be proposed to the bill S. the markets of interest, may designate. (B) by striking ‘‘to or in a foreign country’’ 3001, to authorize appropriations for ‘‘(E) If, for purposes of subparagraph and inserting ‘‘between two points outside fiscal year 2009 for military activities (D)(ii), concurrence cannot be attained, then the United States’’; and the most recently available market rate data (C) by inserrting after ‘‘transportation.’’ of the Department of Defense, for mili- described in this subparagraph shall con- the following: ‘‘Nothing in this section shall tary construction, and for defense ac- tinue to apply for the relevant market or affect the authority of the Postal Service to tivities of the Department of Energy, markets. make arrangements with noncitizens for the to prescribe military personnel

VerDate Mar 15 2010 15:17 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00054 Fmt 0686 Sfmt 0634 E:\BR08\S16SE8.001 S16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19152 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 September 16, 2008 strengths for such fiscal year, and for (6) Since the terrorist attacks of Sep- actional one, characterized by a heavy em- other purposes; which was ordered to tember 11, 2001, more al Qaeda terrorist sus- phasis on security issues with little atten- lie on the table; as follows: pects have been apprehended in Pakistan tion to other matters of great interest to than in any other country, including Khalid citizens of Pakistan. In lieu of the matter proposed to be in- Sheikh Muhammad, Ramzi bin al-Shibh, and (13) The election of a civilian government serted, insert the following: Abu Faraj al-Libi. in Pakistan in February 2008 provides an op- Subtitle E—Other Matters (7) Despite the sacrifices and cooperation portunity, after nearly a decade of military- SEC. 1241. SPECIAL ENVOY FOR AFGHANISTAN, of the security forces of Pakistan, the top dominated rule, to place relations between PAKISTAN, AND INDIA. leadership of al Qaeda, as well as the leader- Pakistan and the United States on a new and (a) STATEMENT OF POLICY.—Congress de- ship and rank-and-file of affiliated terrorist more stable foundation. clares that it is in the national interest of groups, are believed to use Pakistan’s Feder- (14) Both the Government of Pakistan and the United States that the countries of Af- ally Administered Tribal Areas (FATA) as a the United States Government should seek ghanistan, Pakistan, and India work to- haven and a base from which to organize ter- to enhance the bilateral relationship gether to address common challenges ham- rorist actions in Pakistan and with global through additional multi-faceted engage- pering the stability, security, and develop- reach. ment in order to strengthen the foundation ment of their region and to enhance their co- (8) According to a Government Account- for a consistent and reliable long-term part- operation. ability Office Report, (GAO–08–622), ‘‘since nership between the two countries. (b) ESTABLISHMENT.—The President should 2003, the administration’s national security SEC. 1243. DEFINITIONS. appoint a special envoy to promote closer co- strategies and Congress have recognized that In this subtitle: operation among the countries referred to in a comprehensive plan that includes all ele- (1) APPROPRIATE CONGRESSIONAL COMMIT- subsection (a). ments of national power— diplomatic, mili- TEES.—The term ‘‘appropriate congressional (c) APPOINTMENT.—The special envoy will tary, intelligence, development assistance, committees’’ means the Committees on Ap- be appointed with the advice and consent of economic, and law enforcement support— propriations and Foreign Relations of the the Senate and shall have the rank of ambas- was needed to address the terrorist threat Senate and the Committees on Appropria- sador. emanating from the FATA’’ and that such a tions and Foreign Affairs of the House of (d) DUTIES.—The primary responsibility of strategy was also mandated by section Representatives. the special envoy, reporting through the As- 7102(b)(3) of the Intelligence Reform and Ter- (2) COUNTERINSURGENCY.—The term ‘‘coun- sistant Secretary of State for South and rorism Prevention Act of 2004 (Public Law terinsurgency’’ means efforts to defeat orga- Central Asia, shall be to strengthen and fa- 108–458; 22 U.S.C. 2656f note) and section nized movements that seek to overthrow the cilitate relations among the countries re- 2042(b)(2) of the Implementing the Rec- duly constituted Governments of Pakistan ferred to in subsection (a) for the benefit of ommendations of the 9/11 Commission Act of and Afghanistan through the use of subver- stability and economic growth in the region. 2007 (Public Law 110–53; 22 U.S.C. 2375 note). sion and armed conflict. (3) COUNTERTERRORISM.—The term Mr. BIDEN (for himself and (9) According to United States military SA 5602. sources and unclassified intelligence reports, ‘‘counterterrorism’’ means efforts to combat Mr. LUGAR) submitted an amendment including the July 2007 National Intelligence al Qaeda and other foreign terrorist organi- intended to be proposed to amendment Estimate entitled, ‘‘The Terrorist Threat to zations that are designated by the Secretary SA 5566 submitted by Mr. BIDEN (for the U.S. Homeland’’, the Taliban, al Qaeda, of State in accordance with section 219 of the himself and Mr. LUGAR) and intended and their Pakistani affiliates continue to use Immigration and Nationality Act (8 U.S.C. to be proposed to the Bill S. 3001, to au- territory in Pakistan as a haven, recruiting 1189). thorize appropriations for fiscal year location, and rear base for violent actions in (4) FATA.—The term ‘‘FATA’’ means the 2009 for military activities of the De- both Afghanistan and Pakistan, as well as Federally Administered Tribal Areas of Pakistan. partment of Defense, for military con- attacks globally, and pose a threat to the United States homeland. (5) NWFP.—The term ‘‘NWFP’’ means the struction, and for defense activities of (10) The toll of terrorist attacks, including North West Frontier Province of Pakistan, the Department of Energy, to prescribe suicide bombs, on the people of Pakistan in- which has Peshawar as its provincial capital. military personnel strengths for such clude thousands of citizens killed and wound- (6) PAKISTAN-AFGHANISTAN BORDER AREAS.— fiscal year, and for other purposes; ed across the country, over 1,400 military The term ‘‘Pakistan-Afghanistan border which was ordered to lie on the table; and police forces killed (including 700 since areas’’ includes the Pakistan regions known as follows: July 2007), and dozens of tribal, provincial, as NWFP, FATA, and parts of Balochistan in which the Taliban or Al Qaeda have tradi- In lieu of the matter proposed to be in- and national officials targeted and killed, as tionally found refuge. serted, insert the following: well as the brazen assassination of former prime minister Benazir Bhutto while cam- (7) SECURITY-RELATED ASSISTANCE.—The Subtitle E—Enhanced Partnership With paigning in Rawalpindi on December 27, 2007, term ‘‘security-related assistance’’ means— Pakistan and several attempts on the life of President (A) grant assistance to carry out section 23 SEC. 1241. SHORT TITLE. Pervaiz Musharraf, and the rate of such at- of the Arms Export Control Act (22 U.S.C. This subtitle may be cited as the ‘‘En- tacks have grown considerably over the past 2763); hanced Partnership with Pakistan Act of 2 years. (B) assistance under chapter 2 of part II of 2008’’. (11) The people of Pakistan and the United the Foreign Assistance Act of 1961 (22 U.S.C. SEC. 1242. FINDINGS. States share many compatible goals, includ- 2311 et seq.); Congress makes the following findings: ing— (C) assistance under chapter 5 of part II of (1) The people of Pakistan and the United (A) combating terrorism and violent radi- the Foreign Assistance Act of 1961 (22 U.S.C. States have a long history of friendship and calism, both inside Pakistan and elsewhere; 2347 et seq.); comity, and the vital interests of both na- (B) solidifying democracy and the rule of (D) any equipment, supplies, and training tions are well-served by strengthening and law in Pakistan; provided pursuant to section 1206 of the Na- deepening this friendship. (C) promoting the economic development tional Defense Authorization Act for Fiscal (2) In February 2008, the people of Pakistan of Pakistan, both through the building of in- Year 2006 (Public Law 109–163; 119 Stat. 3456); elected a civilian government, reversing frastructure and the facilitation of increased and months of political tension and intrigue, as trade; (E) any equipment, supplies, and training well as mounting popular concern over gov- (D) promoting the social and material provided pursuant to section 1206 of the Na- ernance and their own democratic reform well-being of Pakistani citizens, particularly tional Defense Authorization Act for Fiscal and political development. through development of such basic services Year 2008 (Public Law 110–181; 122 Stat. 368). (3) A democratic, moderate, modernizing as public education, access to potable water, (8) SECURITY FORCES OF PAKISTAN.—The Pakistan would represent the wishes of that and medical treatment; and term ‘‘security forces of Pakistan’’ means country’s populace, and serve as a model to (E) safeguarding the peace and security of the military, paramilitary, and intelligence other countries around the world. South Asia, including by facilitating peace- services of the Government of Pakistan, in- (4) Pakistan is a major non-NATO ally of ful relations between Pakistan and its neigh- cluding the armed forces, Inter-Services In- the United States, and has been a valuable bors. telligence Directorate, Intelligence Bureau, partner in the battle against al Qaeda and (12) According to consistent opinion re- police forces, Frontier Corps, and Frontier the Taliban. search, including that of the Pew Global At- Constabulary. (5) The struggle against al Qaeda, the titudes Survey (December 28, 2007) and the SEC. 1244. STATEMENT OF POLICY. Taliban, and affiliated terrorist groups has International Republican Institute (January It is the policy of the United States— led to the deaths of several thousand Paki- 29, 2008), many people in Pakistan have his- (1) to support the consolidation of democ- stani civilians and members of the security torically viewed the relationship between racy, good governance, and rule of law in forces of Pakistan over the past 6 years. the United States and Pakistan as a trans- Pakistan;

VerDate Mar 15 2010 15:17 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00055 Fmt 0686 Sfmt 0634 E:\BR08\S16SE8.001 S16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 19153

(2) to affirm and build a sustained, long- of government administration, including the (j) SENSE OF CONGRESS ON FUNDING OF PRI- term, multifaceted relationship with Paki- military; ORITIES.—It is the sense of Congress that the stan; (2) economic freedom, including— Government of Pakistan should allocate a (3) to further the sustainable economic de- (A) private sector growth and the sustain- greater portion of its budget, consistent with velopment of Pakistan and the improvement able management of natural resources; its ‘‘Poverty Reduction Strategy Paper’’, to of the living conditions of its citizens by ex- (B) market forces in the economy; and the recurrent costs associated with edu- panding United States bilateral engagement (C) worker rights, including the right to cation, health, and other priorities described with the Government of Pakistan, especially form labor unions and legally enforce provi- in this section. in areas of direct interest and importance to sions safeguarding the rights of workers and SEC. 1246. LIMITATION ON CERTAIN ASSISTANCE. the daily lives of the people of Pakistan; local community stakeholders; and (a) LIMITATION ON CERTAIN MILITARY AS- (4) to work with Pakistan and the coun- (3) investments in people, particularly SISTANCE.—Beginning in fiscal year 2010, no tries bordering Pakistan to facilitate peace women and children, including— grant assistance to carry out section 23 of in the region and harmonious relations be- (A) broad-based public primary and sec- the Arms Export Control Act (22 U.S.C. 2763) tween the countries of the region; ondary education and vocational training for and no assistance under chapter 2 of part II (5) to work with the Government of Paki- both boys and girls; of the Foreign Assistance Act of 1961 (22 stan to prevent any Pakistani territory from (B) the construction of roads, irrigation U.S.C. 2311 et seq.) may be provided to Paki- being used as a base or conduit for terrorist channels, wells, and other physical infra- stan in a fiscal year until the Secretary of attacks in Pakistan, Afghanistan, or else- structure; State makes the certification required under where in the world; (C) agricultural development to ensure subsection (c). (6) to work in close cooperation with the food staples in times of severe shortage; (b) LIMITATION ON ARMS TRANSFERS.—Be- Government of Pakistan to coordinate mili- (D) quality public health, including med- ginning in fiscal year 2012, no letter of offer tary and paramilitary action against ter- ical clinics with well trained staff serving to sell major defense equipment to Pakistan rorist targets; rural and urban communities; and may be issued pursuant to the Arms Export (7) to work with the Government of Paki- (E) public-private partnerships in higher Control Act (22 U.S.C. 2751 et seq.) and no li- stan to help bring peace, stability, and devel- education to ensure a breadth and consist- cense to export major defense equipment to opment to all regions of Pakistan, especially ency of Pakistani graduates to help Pakistan may be issued pursuant to such Act those in the Pakistan-Afghanistan border strengthen the foundation for improved gov- in a fiscal year until the Secretary of State areas, including support for an effective ernance and economic vitality. makes the certification required under sub- counterinsurgency strategy; and (e) PREFERENCE FOR BUILDING LOCAL CA- section (c). (8) to expand people-to-people engagement PACITY.—The President is encouraged, as ap- (c) CERTIFICATION.—The certification re- between the United States and Pakistan, propriate, to utilize Pakistani firms and quired by this subsection is a certification to through increased educational, technical, community and local nongovernmental orga- the appropriate congressional committees by and cultural exchanges and other methods. nizations in Pakistan to provide assistance the Secretary of State, after consultation SEC. 1245. SENSE OF CONGRESS ON AUTHORIZA- under this section. with the Secretary of Defense and the Direc- TION OF FUNDS. (f) AUTHORITY TO USE FUNDS FOR OPER- tor of National Intelligence, that the secu- (a) SENSE OF CONGRESS ON AUTHORIZATION ATIONAL EXPENSES.—Funds authorized by rity forces of Pakistan— OF FUNDS.—It is the sense of Congress that this section may be used for operational ex- (1) are making concerted efforts to prevent there should be authorized to be appro- penses. Funds may also be made available to al Qaeda and associated terrorist groups priated to the President, for the purposes of the Inspector General of the United States from operating in the territory of Pakistan; providing assistance to Pakistan under the Agency for International Development to (2) are making concerted efforts to prevent Foreign Assistance Act of 1961 (22 U.S.C. 2151 provide audits and program reviews of the Taliban from using the territory of Paki- et seq.), the following amounts: projects funded pursuant to this section. stan as a sanctuary from which to launch at- (1) For fiscal year 2009, up to $1,500,000,000. (g) USE OF SPECIAL AUTHORITY.—The Presi- tacks within Afghanistan; and (2) For fiscal year 2010, up to $1,500,000,000. dent is encouraged to utilize the authority of (3) are not materially interfering in the po- (3) For fiscal year 2011, up to $1,500,000,000. section 633(a) of the Foreign Assistance Act litical or judicial processes of Pakistan. (4) For fiscal year 2012, up to $1,500,000,000. of 1961 (22 U.S.C. 2393(a)) to expedite assist- (d) WAIVER.—The Secretary of State may (5) For fiscal year 2013, up to $1,500,000,000. ance to Pakistan under this section. waive the limitations in subsections (a) and (b) SENSE OF CONGRESS ON ECONOMIC SUP- (h) USE OF FUNDS.—Funds appropriated or (b) if the Secretary determines it is in the PORT FUNDS.—It is the sense of Congress otherwise made available to carry out this national security interests of the United that, subject to an improving political and section shall be utilized to the maximum ex- States to provide such waiver. economic climate, there should be author- tent possible as direct expenditures for (e) PRIOR NOTICE OF WAIVER.—A waiver ized to be appropriated up to $1,500,000,000 per projects and programs by the United States pursuant to subsection (d) may not be exer- year for fiscal years 2014 through 2018 for the mission in Pakistan, subject to existing re- cised until 15 days after the Secretary of purpose of providing assistance to Pakistan porting and notification requirements. State provides to the appropriate congres- under the Foreign Assistance Act of 1961. (i) NOTIFICATION REQUIREMENTS.— sional committees written notice of the in- (c) SENSE OF CONGRESS ON SECURITY-RE- (1) NOTICE OF ASSISTANCE FOR BUDGET SUP- tent to issue such waiver and the reasons LATED ASSISTANCE.—It is the sense of Con- PORT.—The President shall notify Congress therefor. gress that security-related assistance to the not later than 15 days before providing any SEC. 1247. SENSE OF CONGRESS ON COALITION Government of Pakistan should be provided assistance under this section as budgetary SUPPORT FUNDS. in close coordination with the Government support to the Government of Pakistan or It is the sense of Congress that— of Pakistan, designed to improve the Govern- any element of such Government. (1) Coalition Support Funds are critical ment’s capabilities in areas of mutual con- (2) ANNUAL REPORT.—The President shall components of the global fight against ter- cern, and maintained at a level that will submit to the appropriate congressional rorism and the primary support for military bring significant gains in pursuing the poli- committees a report on assistance provided operations of the Government of Pakistan to cies set forth in paragraphs (5), (6), and (7) of under this section. The report shall de- destroy the terrorist threat and close the section 1244. scribe— terrorist safe haven, known or suspected, in (d) USE OF FUNDS.—Funds appropriated (A) all expenditures under this section, by the FATA, the NWFP, and other regions of pursuant to the authorization of appropria- region; Pakistan; tions under this section shall be used for (B) the intended purpose for such assist- (2) despite the broad discretion Congress projects determined by an objective measure ance, the strategy or plan with which it is granted the Secretary of Defense in terms of to be of clear benefit to the people of Paki- aligned, and a timeline for completion asso- managing Coalition Support Funds, the stan, including projects that promote— ciated with such strategy or plan; Pakistan reimbursement claims process for (1) just and democratic governance, includ- (C) the partner or partners contracted for Coalition Support Funds requires increased ing— that purpose, as well as a measure of the ef- oversight and accountability, consistent (A) political pluralism, equality, and the fectiveness of the partner or partners; with the conclusions of the June 2008 report rule of law; (D) any shortfall in financial, physical, of the United States Government Account- (B) respect for human and civil rights; technical, or human resources that hinder ef- ability Office (GAO-08-806); and (C) independent, efficient, and effective ju- fective use and monitoring of such funds; and (3) in order to ensure that this significant dicial systems; (E) any negative impact, including the ab- United States effort in support of countering (D) transparency and accountability of all sorptive capacity of the region for which the terrorism in Pakistan effectively ensures the branches of government and judicial pro- resources are intended, of United States bi- intended use of Coalition Support Funds, and ceedings; and lateral or multilateral assistance and rec- to avoid redundancy in other security assist- (E) anticorruption efforts among police, ommendations for modification of funding, if ance programs, such as Foreign Military Fi- civil servants, elected officials, and all levels any. nancing and Foreign Military Sales, more

VerDate Mar 15 2010 15:17 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00056 Fmt 0686 Sfmt 0634 E:\BR08\S16SE8.001 S16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19154 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 September 16, 2008

specific guidance should be generated, and (B) BID REQUIREMENT.—Except as provided (C) the Committee on Foreign Affairs of accountability delineated, for officials asso- in paragraph (3), no contract maybe awarded the House of Representatives; and ciated with oversight of this program within by the Department of Defense to implement (D) the Committee on Appropriations of the United States Embassy in Pakistan, the a new program or project, including a con- the House of Representatives. United States Central Command, the Depart- gressional initiative, unless more than one (2) CHILD SOLDIER.—Consistent with the ment of Defense, the Department of State, bid is received for such contract. provisions of the Optional Protocol to the and the Office of Management and Budget. (2) GRANTS.—Notwithstanding any other Convention of the Rights of the Child, the SEC. 1248. AFGHANISTAN-PAKISTAN BORDER provision of this Act, no funds may be term ‘‘child soldier’’— STRATEGY. awarded by the Department of Defense by (A) means— (a) DEVELOPMENT OF COMPREHENSIVE grant or cooperative agreement to imple- (i) any person under 18 years of age who STRATEGY.—The Secretary of State, in con- ment a new program or project including a takes a direct part in hostilities as a member sultation with the Secretary of Defense, the congressional initiative unless the process of governmental armed forces; Director of National Intelligence, and such used to award such grant or cooperative (ii) any person under 18 years of age who other government officials as may be appro- agreement uses competitive or merit-based has been compulsorily recruited into govern- priate, shall develop a comprehensive, cross- procedures to select the grantee or award re- mental armed forces; border strategy for working with the Gov- cipient. Except as provided in paragraph (3), (iii) any person under 15 years of age who ernment of Pakistan, the Government of Af- no such grant or cooperative agreement may has been voluntarily recruited into govern- ghanistan, NATO, and other like-minded al- be awarded unless applications for such mental armed forces; or lies to best implement effective counterter- grant or cooperative agreement are received (iv) any person under 18 years of age who rorism and counterinsurgency measurers in from two or more applicants that are not has been recruited or used in hostilities by and near the border areas of Pakistan and from the same organization and do not share armed forces distinct from the armed forces Afghanistan, especially in known or sus- any financial, fiduciary, or other organiza- of a state; and pected safe havens such as Pakistan’s FATA, tional relationship. (B) includes any person described in the NWFP, parts of Balochistan, and other (3) WAIVER AUTHORITY.—IN GENERAL.—If clauses (ii), (iii), or (iv) of subparagraph (A) critical areas in the south and east border the Secretary of Defense does not receive who is serving in any capacity, including in areas of Afghanistan. more than one bid for a contract under para- a support role such as a cook, porter, mes- (b) REPORT.—Not later than June 1, 2009, graph (I)(B) or does not receive more than the Secretary of State shall submit to the senger, medic, guard, or sex slave. one application from unaffiliated applicants appropriate congressional committees a de- SEC. 1243. PROHIBITION. for a grant or cooperative agreement under tailed description of a comprehensive strat- (a) IN GENERAL.—Subject to subsections paragraph (2), the Secretary may waive such egy for counterterrorism and counterinsur- (c), (d), and (e), none of the funds appro- bid or application requirement if the Sec- gency in the FATA, as well as proposed priated or otherwise made available for retary determines that the new program or timelines and budgets for implementing the international military education and train- strategy. project— ing, foreign military financing, or the trans- (A) cannot be implemented without a waiv- fer of excess defense articles under section SEC. 1249. SENSE OF CONGRESS. er; and It is the sense of Congress that the United 516 of the Foreign Assistance Act of 1961 (22 (B) will help meet important national de- States should— U.S.C. 2321j), the Arms Export Control Act fense needs. (1) recognize the bold political steps the (22 U.S.C. 2751), or under any Act making ap- (b) Congressional Initiative Defined.—In propriations for foreign operations, export fi- Pakistan electorate has taken during a time this section, the term ‘‘congressional initia- of heightened sensitivity and tension in 2007 nancing, and related programs may be obli- tive’’ means a provision of law or a directive gated or otherwise made available, and no li- and 2008 to elect a new civilian government; contained within a committee report or joint (2) seize this strategic opportunity in the censes for direct commercial sales of mili- statement of managers of an appropriations tary equipment may be issued to, the gov- interests of Pakistan as well as in the na- Act that specifies— tional security interests of the United States ernment of a country that is clearly identi- (1) the identity of a person or entity se- fied, pursuant to subsection (b) for the most to expand its engagement with the Govern- lected to carry out a project, including a de- ment and people of Pakistan in areas of par- recent year preceding the fiscal year in fense system, for which funds are appro- which the appropriated funds, transfer, or li- ticular interest and importance to the people priated or otherwise made available by that of Pakistan; and cense, would have been used or issued in the provision of law or directive and that was absence of a violation of this subtitle, as (3) continue to build a responsible and re- not requested by the President in a budget ciprocal security relationship taking into ac- having governmental armed forces or gov- submitted to Congress; ernment-supported armed groups, including count the national security interests of the (2) the specific location at which the work United States as well as regional and na- paramilitaries, militias, or civil defense for a project is to be done; and forces, that recruit or use child soldiers. tional dynamics in Pakistan to further (3) the amount of the funds appropriated or (b) IDENTIFICATION AND NOTIFICATION TO strengthen and enable the position of Paki- otherwise made available for such project. stan as a major non-NATO ally. COUNTRIES IN VIOLATION OF STANDARDS.— (1) PUBLICATION OF LIST OF FOREIGN GOV- SA 5604. Mr. DURBIN (for himself SA 5603. Mr. COBURN submitted an ERNMENTS.—The Secretary of State shall in- and Mr. BROWNBACK) submitted an amendment intended to be proposed by clude a list of the foreign governments that amendment intended to be proposed by him to the bill S. 3001, to authorize ap- have violated the standards under this sub- him to the bill S. 3001, to authorize appropriations for fiscal year 2009 for title and are subject to the prohibition in propriations for fiscal year 2009 for subsection (a) in the report required by sec- military activities of the Department military activities of the Department tion 110(b) of the Trafficking Victims Protec- of Defense, for military construction, of Defense, for military construction, tion Act of 2000 (22 U.S.C. 7107(b)). and for defense activities of the De- and for defense activities of the De- (2) NOTIFICATION OF FOREIGN COUNTRIES.— partment of Energy, to prescribe mili- The Secretary of State shall formally notify partment of Energy, to prescribe military personnel strengths for such fiscal any government identified pursuant to sub- year, and for other purposes; which was tary personnel strengths for such fiscal section (a). ordered to lie on the table; as follows: year, and for other purposes; which was (c) NATIONAL INTEREST WAIVER.— ordered to lie on the table; as follows: (1) WAIVER.—The President may waive the At the appropriate place, add the fol- application to a country of the prohibition in lowing: On page 360, after line 20, add the fol- subsection (a) if the President determines ll lowing: SEC. . PROHIBITION ON USE OF EARMARKS that such waiver is in the national interest TO AWARD NO BID CONTRACTS AND Subtitle E—Child Soldiers Prevention NONCOMPETITIVE GRANTS. of the United States. SEC. 1241. SHORT TITLE. (a) PROHIBITION.— (2) PUBLICATION AND NOTIFICATION.—Not This subtitle may be cited as the ‘‘Child (1) CONTRACTS.— later than 45 days after each waiver is grant- (A) IN GENERAL.—Notwithstanding any Soldiers Prevention Act of 2008’’. ed under paragraph (1), the President shall other provision of this Act, all contracts SEC. 1242. DEFINITIONS. notify the appropriate congressional com- greater than $5 million awarded by the De- In this subtitle: mittees of the waiver with the justification partment of Defense to implement new pro- (1) APPROPRIATE CONGRESSIONAL COMMIT- for granting such waiver. grams or projects, including congressional TEES.—The term ‘‘appropriate congressional (d) REINSTATEMENT OF ASSISTANCE.—The initiatives, shall be awarded using competi- committees’’ means— President may provide to a country assist- tive procedures in accordance with the re- (A) the Committee on Foreign Relations of ance otherwise prohibited under subsection quirements of section 2304 of title 10, United the Senate; (a) upon certifying to the appropriate con- States Code, and the Federal Acquisition (B) the Committee on Appropriations of gressional committees that the government Regulation. the Senate; of such country—

VerDate Mar 15 2010 15:17 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00057 Fmt 0686 Sfmt 0634 E:\BR08\S16SE8.002 S16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 19155 (1) has implemented measures that include ‘‘(c) The Secretary of State, with the as- 516 of the Foreign Assistance Act of 1961 (22 an action plan and actual steps to come into sistance of other relevant officials, shall es- U.S.C. 2321j), the Arms Export Control Act compliance with the standards outlined in tablish as part of the standard training pro- (22 U.S.C. 2751), or under any Act making ap- section 1244(b); and vided for chiefs of mission, deputy chiefs of propriations for foreign operations, export fi- (2) has implemented policies and mecha- mission, and other officers of the Service nancing, and related programs may be obli- nisms to prohibit and prevent future govern- who are or will be involved in the assessment gated or otherwise made available, and no li- ment or government-supported use of child of child soldier use or the drafting of the an- censes for direct commercial sales of mili- soldiers and to ensure that no children are nual Human Rights Report, instruction on tary equipment may be issued to, the gov- recruited, conscripted, or otherwise com- matters related to child soldiers, and the ernment of a country that is clearly identi- pelled to serve as child soldiers. substance of the Child Soldiers Prevention fied, pursuant to subsection (b) for the most (e) EXCEPTION FOR PROGRAMS DIRECTLY RE- Act of 2008.’’. recent year preceding the fiscal year in LATED TO ADDRESSING THE PROBLEM OF CHILD SEC. 1246. EFFECTIVE DATE; APPLICABILITY. which the appropriated funds, transfer, or li- SOLDIERS OR PROFESSIONALIZATION OF THE This subtitle, and the amendments made cense, would have been used or issued in the MILITARY.— by this subtitle, shall take effect 180 days absence of a violation of this subtitle, as (1) IN GENERAL.—The President may pro- after the date of the enactment of this Act having governmental armed forces or gov- vide assistance to a country for inter- and shall apply to funds obligated after such ernment-supported armed groups, including national military education, training, and effective date. paramilitaries, militias, or civil defense nonlethal supplies (as defined in section forces, that recruit or use child soldiers. 2557(d)(1)(B) of title 10, United States Code) SA 5605. Mr. DURBIN (for himself (b) IDENTIFICATION AND NOTIFICATION TO otherwise prohibited under subsection (a) and Mr. BROWNBACK) submitted an COUNTRIES IN VIOLATION OF STANDARDS.— upon certifying to the appropriate congres- amendment intended to be proposed to (1) PUBLICATION OF LIST OF FOREIGN GOV- sional committees that— ERNMENTS.—The Secretary of State shall in- (A) the government of such country is tak- amendment SA 5511 submitted by Mr. clude a list of the foreign governments that ing reasonable steps to implement effective DURBIN (for himself and Mr. have violated the standards under this sub- measures to demobilize child soldiers in its BROWNBACK) and intended to be pro- title and are subject to the prohibition in forces or in government-supported posed to the bill S. 3001, to authorize subsection (a) in the report required by sec- paramilitaries and is taking reasonable steps appropriations for fiscal year 2009 for tion 110(b) of the Trafficking Victims Protec- within the context of its national resources military activities of the Department tion Act of 2000 (22 U.S.C. 7107(b)). to provide demobilization, rehabilitation, of Defense, for military construction, (2) NOTIFICATION OF FOREIGN COUNTRIES.— and reintegration assistance to those former and for defense activities of the De- The Secretary of State shall formally notify child soldiers; and any government identified pursuant to sub- (B) the assistance provided by the United partment of Energy, to prescribe mili- section (a). States Government to the government of tary personnel strengths for such fiscal (c) NATIONAL INTEREST WAIVER.— such country will go to programs that will year, and for other purposes; which was (1) WAIVER.—The President may waive the directly support professionalization of the ordered to lie on the table; as follows: application to a country of the prohibition in military. On page 1 strike line 4 to the end and in- subsection (a) if the President determines (2) LIMITATION.—The exception under para- sert the following: that such waiver is in the national interest graph (1) may not remain in effect for a of the United States. SEC. 1241. SHORT TITLE. country for more than 2 years. (2) PUBLICATION AND NOTIFICATION.—Not This subtitle may be cited as the ‘‘Child later than 45 days after each waiver is grant- SEC. 1244. REPORTS. Soldiers Prevention Act of 2008’’. (a) INVESTIGATION OF ALLEGATIONS REGARD- ed under paragraph (1), the President shall SEC. 1242. DEFINITIONS. ING CHILD SOLDIERS.—United States missions notify the appropriate congressional com- abroad shall thoroughly investigate reports In this subtitle: mittees of the waiver with the justification of the use of child soldiers. (1) APPROPRIATE CONGRESSIONAL COMMIT- for granting such waiver. (b) INFORMATION FOR ANNUAL HUMAN TEES.—The term ‘‘appropriate congressional (d) REINSTATEMENT OF ASSISTANCE.—The RIGHTS REPORTS.—In preparing those por- committees’’ means— President may provide to a country assist- tions of the annual Human Rights Report (A) the Committee on Foreign Relations of ance otherwise prohibited under subsection that relate to child soldiers under sections the Senate; (a) upon certifying to the appropriate con- 116 and 502B of the Foreign Assistance Act of (B) the Committee on Appropriations of gressional committees that the government 1961 (22 U.S.C. 2151n (f) and 2304(h)), the Sec- the Senate; of such country— retary of State shall ensure that such re- (C) the Committee on Foreign Affairs of (1) has implemented measures that include ports include a description of the use of child the House of Representatives; and an action plan and actual steps to come into soldiers in each foreign country, including— (D) the Committee on Appropriations of compliance with the standards outlined in (1) trends toward improvement in such the House of Representatives. section 1244(b); and country of the status of child soldiers or the (2) CHILD SOLDIER.—Consistent with the (2) has implemented policies and mecha- continued or increased tolerance of such provisions of the Optional Protocol to the nisms to prohibit and prevent future govern- practices; and Convention of the Rights of the Child, the ment or government-supported use of child (2) the role of the government of such term ‘‘child soldier’’— soldiers and to ensure that no children are country in engaging in or tolerating the use (A) means— recruited, conscripted, or otherwise com- of child soldiers. (i) any person under 18 years of age who pelled to serve as child soldiers. (c) ANNUAL REPORT TO CONGRESS.—If, in takes a direct part in hostilities as a member (e) EXCEPTION FOR PROGRAMS DIRECTLY RE- any of the 5 years following the date of the of governmental armed forces; LATED TO ADDRESSING THE PROBLEM OF CHILD enactment of this Act, a country or coun- (ii) any person under 18 years of age who SOLDIERS OR PROFESSIONALIZATION OF THE tries are notified pursuant to section has been compulsorily recruited into govern- MILITARY.— 1243(b)(2) or a waiver is granted pursuant to mental armed forces; (1) IN GENERAL.—The President may pro- section 1243(c)(1), the President shall submit (iii) any person under 15 years of age who vide assistance to a country for inter- a report to the appropriate congressional has been voluntarily recruited into govern- national military education, training, and committees not later than June 15 of the fol- mental armed forces; or nonlethal supplies (as defined in section lowing year that contains— (iv) any person under 18 years of age who 2557(d)(1)(B) of title 10, United States Code) (1) a list of the countries receiving notifi- has been recruited or used in hostilities by otherwise prohibited under subsection (a) cation that they are in violation of the armed forces distinct from the armed forces upon certifying to the appropriate congres- standards under this subtitle; of a state; and sional committees that— (2) a list of any waivers or exceptions exer- (B) includes any person described in (A) the government of such country is tak- cised under this subtitle; clauses (ii), (iii), or (iv) of subparagraph (A) ing reasonable steps to implement effective (3) justification for any such waivers and who is serving in any capacity, including in measures to demobilize child soldiers in its exceptions; and a support role such as a cook, porter, mes- forces or in government-supported (4) a description of any assistance provided senger, medic, guard, or sex slave. paramilitaries and is taking reasonable steps under this subtitle pursuant to the issuance SEC. 1243. PROHIBITION. within the context of its national resources of such waiver. (a) IN GENERAL.—Subject to subsections to provide demobilization, rehabilitation, SEC. 1245. TRAINING FOR FOREIGN SERVICE OF- (c), (d), and (e), none of the funds appro- and reintegration assistance to those former FICERS. priated or otherwise made available for child soldiers; and Section 708 of the Foreign Service Act of international military education and train- (B) the assistance provided by the United 1980 (22 U.S.C. 4028) is amended by adding at ing, foreign military financing, or the trans- States Government to the government of the end the following: fer of excess defense articles under section such country will go to programs that will

VerDate Mar 15 2010 15:17 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00058 Fmt 0686 Sfmt 0634 E:\BR08\S16SE8.002 S16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19156 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 September 16, 2008 directly support professionalization of the In lieu of the matter proposed to be in- demonstrated that they can protect classi- military. serted, insert the following: fied information. Federal judges responsibly (2) LIMITATION.—The exception under para- SEC. 1041. SENSE OF SENATE ON LEGISLATIVE handled classified information in the cases of graph (1) may not remain in effect for a ACTION REGARDING HABEAS COR- Rasul v. Bush, Hamdan v. Rumsfeld, and country for more than 2 years. PUS REVIEW FOR DETAINEES AT Boumediene v. Bush, and in the review proc- GUANTANAMO BAY, CUBA. SEC. 1244. REPORTS. ess under the Detainee Treatment Act in (a) FINDINGS.—The Senate makes the fol- such cases as Bismullah v. Gates, 501 F.3d 178 (a) INVESTIGATION OF ALLEGATIONS REGARD- lowing findings: ING CHILD SOLDIERS.—United States missions (D.C. Cir. 2007), and Parhat v. Gates, 532 F.3d (1) Seven years after the terrorist attacks 834 (D.C. Cir. 2008). Extensive experience with abroad shall thoroughly investigate reports of September 11, 2001, the perpetrators of the Classified Information Procedures Act of the use of child soldiers. that heinous deed have yet to be brought to (CIPA) and the Freedom of Information Act (b) INFORMATION FOR ANNUAL HUMAN justice. (FOIA) further demonstrates the competence RIGHTS REPORTS.—In preparing those por- (2) Policies that circumvent the require- of Federal judges to handle highly sensitive tions of the annual Human Rights Report ments of the United States Constitution and information in a manner that fully addresses that relate to child soldiers under sections international treaties to which the United national security concerns. 116 and 502B of the Foreign Assistance Act of States is a signatory have created a legal (11) Both candidates for President of the 1961 (22 U.S.C. 2151n (f) and 2304(h)), the Sec- morass that has undermined efforts to bring major political parties have called for sig- retary of State shall ensure that such re- accused terrorists to justice. nificant changes to detention operations at ports include a description of the use of child (3) On four occasions, the Supreme Court soldiers in each foreign country, including— has rejected the current Administration’s Guantanamo Bay. A new President should be (1) trends toward improvement in such legal rules for individuals at Guantanamo afforded an opportunity to review existing country of the status of child soldiers or the Bay, Cuba, and elsewhere, causing years of policies and make such recommendations to continued or increased tolerance of such delay and uncertainty: Congress as he considers necessary and ap- practices; and (A) In Rasul v. Bush, 542 U.S. 466 (2004), the propriate. (b) SENSE OF SENATE.—It is the sense of the (2) the role of the government of such Supreme Court held that the Federal habeas Senate that— country in engaging in or tolerating the use corpus statute applied to detainees held at of child soldiers. Guantanamo Bay. (1) the decision of the Supreme Court in (c) ANNUAL REPORT TO CONGRESS.—If, in (B) In Hamdi v. Rumsfeld, 542 U.S. 507 Boumediene v. Bush presents complex legal any of the 5 years following the date of the (2004), the Supreme Court held that a United and logistical issues that cannot be satisfac- enactment of this Act, a country or coun- States citizen detained as an enemy combat- torily resolved in the closing weeks of the tries are notified pursuant to section ant on United States soil must be provided a 110th Congress; 1243(b)(2) or a waiver is granted pursuant to meaningful opportunity to challenge the fac- (2) Congress should enact legislation to ad- section 1243(c)(1), the President shall submit tual basis for his detention. dress these complex matters, as necessary, a report to the appropriate congressional (C) In Hamdan v. Rumsfeld, 548 U.S. 557 only after careful and responsible delibera- committees not later than June 15 of the fol- (2006), the Supreme Court held that the mili- tion; lowing year that contains— tary commissions established by the Admin- (3) a hasty legislative response to the (1) a list of the countries receiving notifi- istration violated the Uniform Code of Mili- Boumediene v. Bush decision would unduly cation that they are in violation of the tary Justice and the Geneva Conventions. complicate pending litigation and could re- standards under this subtitle; (D) Most recently, in Boumediene v. Bush, sult in another judicial reversal that would (2) a list of any waivers or exceptions exer- 128 S.Ct. 2229 (2008), the Supreme Court held set back the goal of establishing stable and cised under this subtitle; unconstitutional relevant provisions of the effective anti-terror detention policies; (3) justification for any such waivers and Military Commissions Act of 2006 (Public (4) the committees of Congress having ju- exceptions; and Law 109–366), finding that the detainees at risdiction should undertake, after the con- (4) a description of any assistance provided Guantanamo Bay have a right to challenge vening of the 111th Congress, a full review of under this subtitle pursuant to the issuance the legality of their detention under the the legal and policy issues presented by the of such waiver. United States Constitution. opinion in Boumediene v. Bush; and SEC. 1245. TRAINING FOR FOREIGN SERVICE OF- (4) It is important that Congress proceed in (5) the new President should conduct a FICERS. a deliberate and thoughtful way to write comprehensive review of anti-terror deten- Section 708 of the Foreign Service Act of rules for the treatment of alleged terrorists tion policies and should make recommenda- 1980 (22 U.S.C. 4028) is amended by adding at that will pass constitutional muster. tions to Congress during his first six months the end the following: (5) Such rules should allow the United in office for such legislation as he considers ‘‘(c) The Secretary of State, with the as- States Government to detain, interrogate, necessary to carry out an effective strategy sistance of other relevant officials, shall es- and try terrorists who harm the American for preventing terrorism and bringing al- tablish as part of the standard training pro- people or conspire to do so, while also pro- leged terrorists to justice. vided for chiefs of mission, deputy chiefs of viding procedures that result in a reliable de- mission, and other officers of the Service termination of whether the detainee has in SA 5607. Mr. NELSON of Florida sub- who are or will be involved in the assessment fact engaged in such conduct. mitted an amendment intended to be of child soldier use or the drafting of the an- (6) Committees of Congress should con- proposed to amendment SA 5536 sub- nual Human Rights Report, instruction on tinue to hold public hearings, consult with mitted by Mr. SESSIONS (for himself, matters related to child soldiers, and the national security and legal experts, and take Mr. NELSON of Nebraska, Mr. the time to write responsible, bipartisan leg- substance of the Child Soldiers Prevention LIEBERMAN, Mr. KYL, Mr. INHOFE, Mr. islation regarding this complex issue as nec- Act of 2008.’’. GRAHAM, Mr. VITTER, Mr. BROWNBACK, SEC. 1246. EFFECTIVE DATE; APPLICABILITY. essary. (7) Federal judges in the District of Colum- and Mr. CHAMBLISS) and intended to be This subtitle, and the amendments made proposed to the bill S. 3001, to author- by this subtitle, shall take effect 180 days bia have already begun to consider habeas after the date of the enactment of this Act corpus petitions filed by detainees at Guan- ize appropriations for fiscal year 2009 and shall apply to funds obligated after such tanamo Bay and are well equipped to manage for military activities of the Depart- effective date. the pending litigation. The Supreme Court, ment of Defense, for military construc- in Boumediene v. Bush, expressed confidence tion, and for defense activities of the SA 5606. Mr. REID submitted an that any remaining questions ‘‘are within Department of Energy, to prescribe amendment intended to be proposed to the expertise and competence of the District Court to address in the first instance’’. military personnel strengths for such amendment SA 5355 submitted by Mr. (8) The Federal courts have consolidated fiscal year, and for other purposes; GRAHAM (for himself and Mr. all of the habeas corpus cases of Guanta- which was ordered to lie on the table; LIEBERMAN) and intended to be pro- namo Bay detainees in the District Court for as follows: posed to the bill S. 3001, authorize ap- the District of Columbia, and the chief judge In lieu of the matter proposed to be in- propriations for fiscal year 2009 for of that court is coordinating key procedural serted, insert the following: military activities of the Department issues in these cases. SEC. 1083. SENSE OF THE SENATE ON SUPPORT of Defense, for military construction, (9) Federal courts have a long history of OF CZECH REPUBLIC AND POLAND and for defense activities of the De- considering habeas corpus petitions in sen- FOR MISSILE DEFENSE EFFORTS. sitive cases and can be trusted to adjudicate (a) FINDINGS.—The Senate makes the fol- partment of Energy, to prescribe mili- these matters in a manner that does not lowing findings: tary personnel strengths for such fiscal compromise national security in any respect. (1) The Heads of State and Government of year, and for other purposes; which was (10) The Federal courts—particularly those the North Atlantic Treaty Organization ordered to lie on the table; as follows: of the District of Columbia—have repeatedly (NATO) agreed at the Bucharest Summit on

VerDate Mar 15 2010 15:17 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00059 Fmt 0686 Sfmt 0634 E:\BR08\S16SE8.002 S16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 19157

April 3, 2008, that ‘‘[b]allistic missile pro- mitment of those governments to support ‘‘(B) SPECIAL RULE FOR VOTERS IN JURISDIC- liferation poses an increasing threat to Al- the defense of NATO member states, includ- TIONS USING POST OFFICE BOXES FOR COLLEC- lies’ forces, territory and populations’’. ing the United States, against the threat of TION OF MARKED ABSENTEE BALLOTS.—In the (2) As part of a broad response to counter long-range ballistic missiles; case of an absent uniformed services voter the ballistic missile threat, the Heads of (2) the Senate— who wishes to use the procedures established State and Government of NATO ‘‘recognise (A) recognizes the importance of these de- under this section and whose marked absen- the substantial contribution to the protec- cisions taken by the Governments of Poland tee ballot is required by the appropriate tion of Allies from long-range ballistic mis- and the Czech Republic, as well as the state- election official to be delivered to a post of- siles to be provided by the planned deployments made by NATO Heads of State and fice box, the Presidential designee shall ment of European-based United States mis- Government relative to missile defense at enter into an agreement with the United sile defence assets’’. the Bucharest Summit in April 2008; and States Postal Service for the delivery of the (3) At the Bucharest Summit, the NATO (B) notes the care and seriousness with ballot to the election official under the pro- Heads of State and Government stated that, which the Governments of Poland and the cedures established under this section. with respect to the planned deployment of Czech Republic have undertaken their eval- ‘‘(3) DEADLINE DESCRIBED.— United States missile defense capability, uation and consideration of these issues; and ‘‘(A) IN GENERAL.—Except as provided in ‘‘[w]e are exploring ways to link this capa- (3) these decisions will deepen the strategic subparagraph (B), the deadline described in bility with current NATO missile defence ef- relationship between the United States Gov- this paragraph is noon (in the location in forts as a way to ensure that it would be an ernment and the Governments of Poland and which the ballot is collected) on the last integral part of any future NATO wide mis- the Czech Republic and could make a sub- Tuesday that precedes the date of the elec- sile defence architecture’’. stantial contribution to the collective capa- tion. (4) At the Bucharest Summit, the NATO bility of NATO to counter future long-range ‘‘(B) AUTHORITY TO ESTABLISH ALTERNATIVE Heads of State and Government stated that, ballistic missile threats. DEADLINE FOR CERTAIN LOCATIONS.—If the ‘‘[b]earing in mind the principle of the indi- (c) RULE OF CONSTRUCTION.—Nothing in Presidential designee determines that the visibility of Allied security as well as NATO this section shall be construed to modify the deadline described in subparagraph (A) is not solidarity, we task the Council in Permanent requirements of section 226 of the National sufficient to ensure timely delivery of the Session to develop options for a comprehen- Defense Authorization Act for Fiscal Year ballot under paragraph (1) with respect to a sive missile defence architecture to extend 2008 (Public Law 110–181; 122 Stat. 41), or particular location because of remoteness or coverage to all Allied territory and popu- øsection 232¿ of this Act. other factors, the Presidential designee may lations not otherwise covered by the United establish as an alternative deadline for that States system for review at our 2009 Summit, T2SA 5608. Mr. CORNYN submitted location the latest date occurring prior to to inform any future political decision’’. an amendment intended to be proposed the deadline described in subparagraph (A) (5) On July 8, 2008, the United States Gov- by him to the bill S. 3001, to authorize which is sufficient to ensure timely delivery ernment and the Government of the Czech appropriations for fiscal year 2009 for of the ballot under paragraph (1). ‘‘(4) PROHIBITION ON REFUSAL BY STATES TO Republic signed an agreement on the sta- military activities of the Department tioning of a United States radar facility in ACCEPT MARKED ABSENTEE BALLOTS NOT DE- the Czech Republic to track ballistic mis- of Defense, for military construction, LIVERED BY POSTAL SERVICE OR IN PERSON.—A siles. and for defense activities of the De- State may not refuse to accept or process (6) On August 20, 2008, the United States partment of Energy, to prescribe mili- any marked absentee ballot delivered under Government and the Government of Poland tary personnel strengths for such fiscal the procedures established under this section signed an agreement on the stationing of 10 year, and for other purposes; which was on the grounds that the ballot is received by ground-based missile defense interceptors in ordered to lie on the table; as follows: the State other than through delivery by the United States Postal Service. Poland. At the end of subtitle G of title V, add the ‘‘(c) TRACKING MECHANISM.—Under the pro- (7) Supplemental Status of Forces Agree- following: ments (SOFA) regarding the missile defense cedures established under this section, the deployment agreements, not yet signed, are SEC. 587. PROCEDURES FOR COLLECTION AND entity responsible for delivering marked ab- DELIVERY OF MARKED ABSENTEE required elements of any final agreements to sentee ballots to the appropriate election of- BALLOTS OF ABSENT OVERSEAS ficials shall implement procedures to enable deploy the planned missile defense capabili- UNIFORMED SERVICES VOTERS. any individual whose ballot for a regularly ties in the Czech Republic and Poland. (a) PROCEDURES.— (8) In order to take legal effect, any final scheduled general election for Federal office (1) IN GENERAL.—The Uniformed and Over- is collected by the Presidential designee to bilateral missile defense agreements must be seas Citizens Absentee Voting Act (42 U.S.C. submitted to and ratified by the parliaments determine whether the ballot has been deliv- 1973ff et seq.) is amended by inserting after ered to the appropriate election official, of the Czech Republic and Poland, respec- section 103 the following new section: using the Internet, an automated telephone tively. ‘‘SEC. 103A. PROCEDURES FOR COLLECTION AND system, or such other methods as the entity (9) The deployment of the planned United DELIVERY OF MARKED ABSENTEE may provide. States missile defense system in the Czech BALLOTS OF ABSENT OVERSEAS ‘‘(d) ABSENT OVERSEAS UNIFORMED SERV- UNIFORMED SERVICES VOTERS. Republic and Poland would not provide pro- ICES VOTER DEFINED.—In this section, the tection to southeastern portions of NATO ‘‘(a) COLLECTION.—The Presidential des- term ‘absent overseas uniformed services territory against missile attack. Additional ignee shall establish procedures for col- voter’ means an overseas voter described in missile defense capabilities would be re- lecting marked absentee ballots of absent section 107(5)(A). quired to protect these areas against missile overseas uniformed services voters in regu- ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— attack, including against existing short- and larly scheduled general elections for Federal There are authorized to be appropriated to medium-range missile threats. office, including absentee ballots prepared by the Presidential designee such sums as may (10) According to the Director of Oper- States and Federal write-in absentee ballots be necessary to carry out this section.’’. ational Test and Evaluation, the ground- prescribed under section 103, and for deliv- (2) EFFECTIVE DATE.—Section 103A of the based interceptor planned to be deployed in ering the ballots to the appropriate election Uniformed and Overseas Citizens Absentee Poland would require three flight tests to officials. Voting Act, as added by this subsection, demonstrate whether it could accomplish its ‘‘(b) ENSURING DELIVERY PRIOR TO CLOSING shall apply with respect to the regularly mission in an operationally effective man- OF POLLS.— scheduled general election for Federal office ner. Such testing is not expected to begin be- ‘‘(1) IN GENERAL.—Under the procedures es- held on or after— fore the fall of 2009, and is unlikely to be tablished under this section, the Presidential (A) November 2008; or concluded before 2011. designee shall ensure that any marked ab- (B) if the Presidential designee determines (11) The Government of Iran continues to sentee ballot for a regularly scheduled gen- that such date is not feasible, a date deter- defy international calls to cease its uranium eral election for Federal office which is col- mined feasible by the Presidential designee enrichment program, has deployed hundreds lected prior to the deadline described in (but in no case later than November 2010). of short- and medium-range ballistic mis- paragraph (3) is delivered to the appropriate (b) CONFORMING AMENDMENTS.— siles, and continues to develop and test bal- election official in a State prior to the time (1) FEDERAL RESPONSIBILITIES.—Section listic missiles of increasing range, as well as established by the State for the closing of 101(b) of such Act (42 U.S.C. 1973ff(b)) is a space launch vehicle. the polls on the date of the election. amended— (b) SENSE OF THE SENATE.—It is the sense ‘‘(2) CONTRACT WITH EXPRESS MAIL PRO- (A) by striking ‘‘and’’ at the end of para- of the Senate that— VIDERS.— graph (6); (1) the decisions by the Governments of Po- ‘‘(A) IN GENERAL.—The Presidential des- (B) by striking the period at the end of land and the Czech Republic to station ele- ignee shall carry out this section by contract paragraph (7) and inserting ‘‘; and’’; and ments of a missile defense system on their with one or more providers of express mail (C) by adding at the end the following new territory are a clear affirmation of the com- services. paragraph:

VerDate Mar 15 2010 15:17 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00060 Fmt 0686 Sfmt 0634 E:\BR08\S16SE8.002 S16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19158 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 September 16, 2008 ‘‘(8) carry out section 103A with respect to SEC. 588. PROHIBITION ON REFUSAL TO ACCEPT Services Administration dated July 20, 1964, the collection and delivery of marked absen- VOTER REGISTRATION AND ABSEN- and recorded in the Lake County Ohio Re- tee ballots of absent overseas uniformed TEE BALLOT APPLICATIONS AND corder’s Office in volume 601 at pages 40–47. FEDERAL WRITE-IN ABSENTEE BAL- services voters in elections for Federal of- (c) CONSIDERATION.— LOTS FOR FAILURE TO MEET NON- fice.’’. ESSENTIAL REQUIREMENTS. (1) IN GENERAL.—The city of Eastlake shall pay to the Administrator $30,000 as consider- (2) STATE RESPONSIBILITIES.—Section 102(a) (a) VOTER REGISTRATION AND ABSENTEE ation for executing the release under sub- of such Act (42 U.S.C. 1973ff—1(a)) is amend- BALLOT APPLICATIONS.—Section 102 of the ed— Uniformed and Overseas Citizens Absentee section (a). (A) by striking ‘‘and’’ at the end of para- Voting Act (42 U.S.C. 1973ff–1) is amended by (2) DEPOSIT OF PROCEEDS.—The Adminis- graph (4); adding at the end the following new sub- trator shall deposit any funds received under (B) by striking the period at the end of section: paragraph (1) into the Federal Buildings Fund established under section 592 of title 40, paragraph (5) and inserting ‘‘; and’’; and ‘‘(e) PROHIBITING REFUSAL TO ACCEPT AP- United States Code. (C) by adding at the end the following new PLICATIONS FOR FAILURE TO MEET NON- (3) AVAILABILITY OF AMOUNTS DEPOSITED.— paragraph: ESSENTIAL REQUIREMENTS.—A State shall ac- ‘‘(6) carry out section 103A(b)(2) with re- cept and process any otherwise valid voter To the extent provided in appropriations spect to the processing and acceptance of registration application or absentee ballot Acts, amounts deposited into the Federal marked absentee ballots of absent overseas application (including the official post card Buildings Fund under paragraph (2) shall be uniformed services voters.’’. form prescribed under section 101) submitted available for the uses described in section (c) OUTREACH FOR ABSENT OVERSEAS UNI- in any manner by an absent uniformed serv- 592(b) of title 40, United States Code. (d) FILING OF INSTRUMENTS TO EXECUTE RE- FORMED SERVICES VOTERS ON PROCEDURES.— ices voter or overseas voter that contains LEASE.—The Administrator shall execute and The Presidential designee shall take appro- the information required on the official post file in the appropriate office or offices a deed priate actions to inform individuals who are card form prescribed under section 101 (other of release, amended deed, or other appro- anticipated to be absent overseas uniformed than information which the Presidential des- priate instrument effectuating the release services voters in the regularly scheduled ignee, in consultation with the Election As- under subsection (a). general election for Federal office held in sistance Commission and the Election As- November 2008 of the procedures for the col- sistance Commission Board of Advisors SEC. 2823. KOOCHICHING COUNTY, MINNESOTA. lection and delivery of marked absentee bal- under section 214(a)(1)–(16), determines, (a) CONVEYANCE AUTHORIZED.—Subject to lots established pursuant to section 103A of under regulations promulgated by the Presi- the requirements of this section, the Admin- the Uniformed and Overseas Citizens Absen- dential designee, is not clearly necessary to istrator of General Services shall convey to tee Voting Act, as added by subsection (a), prevent fraud in the conduct of elections).’’. Koochiching County, Minnesota, the parcel including the manner in which such voters (b) FEDERAL WRITE-IN ABSENTEE BALLOT.— of real property described in subsection (b), may utilize such procedures for the sub- Section 103 of such Act (42 U.S.C. 1973ff–2) is including any improvements thereon. mittal of marked absentee ballots in regu- amended— (b) PROPERTY DESCRIPTION.—The parcel of larly scheduled elections for Federal office. (1) by redesignating subsection (f) as sub- real property referred to in subsection (a) is section (g); and the approximately 5.84 acre parcel located at (d) REPORTS ON UTILIZATION OF PROCE- 1804 3rd Avenue in International Falls, Min- DURES.— (2) by inserting after subsection (e) the following new subsection: nesota, which is the former site of the (1) REPORTS REQUIRED.—Not later than 180 Koochiching Army Reserve Training Center. ‘‘(f) PROHIBITING REFUSAL TO ACCEPT BAL- days after each regularly scheduled general (c) QUITCLAIM DEED.—The conveyance of LOT FOR FAILURE TO MEET NONESSENTIAL RE- election for Federal office held after January real property under subsection (a) shall be QUIREMENTS.—A State shall accept and proc- 1, 2008, the Presidential designee shall sub- made through a quit claim deed. ess any otherwise valid Federal write-in ab- mit to the congressional defense committees (d) CONSIDERATION.— sentee ballot submitted in any manner by an a report on the utilization of the procedures (1) IN GENERAL.—Koochiching County shall absent uniformed services voter or overseas for the collection and delivery of marked ab- pay to the Administrator $30,000 as consider- voter that contains the information required sentee ballots established pursuant to sec- ation for a conveyance of real property under to be submitted with such ballot by the Pres- tion 103A of the Uniformed and Overseas subsection (a). idential designee (other than information Citizens Absentee Voting Act, as so added, (2) DEPOSIT OF PROCEEDS.—The Adminis- which the Presidential designee, in consulta- during such general election. trator shall deposit any funds received under tion with the Election Assistance Commis- (2) ELEMENTS.—Each report under para- paragraph (1) (less expenses of the convey- sion and the Election Assistance Commission graph (1) shall include, for the general elec- ance) into a special account in the Treasury Board of Advisors under section 214(a)(1)–(16), tion covered by such report, a description of established under section 572(b)(5)(A) of title determines, under regulations promulgated the utilization of the procedures described in 40, United States Code. by the Presidential designee, is not clearly that paragraph during such general election, (3) AVAILABILITY OF AMOUNTS DEPOSITED.— necessary to prevent fraud in the conduct of including the number of marked absentee To the extent provided in appropriations elections).’’. ballots collected and delivered under such Acts, amounts deposited into a special ac- procedures. count under paragraph (2) shall be available SA 5609. Ms. KLOBUCHAR submitted (e) REPORT ON STATUS OF IMPLEMENTA- to the Secretary of the Army in accordance TION.— an amendment intended to be proposed with section 572(b)(5)(B) of title 40, United (1) REPORT REQUIRED.—Not later than one by her to the bill S. 3001, to authorize States Code. year after the date of the enactment of this appropriations for fiscal year 2009 for (e) REVERSION.—The conveyance of real Act, the Presidential designee shall submit military activities of the Department property under subsection (a) shall be made to the congressional defense committees a of Defense, for military construction, on the condition that the property will re- report on the status of the implementation and for defense activities of the De- vert to the United States, at the option of of the program for the collection and deliv- partment of Energy, to prescribe mili- the United States, without any obligation ery of marked absentee ballots established for repayment of the purchase price for the pursuant to section 103A of the Uniformed tary personnel strengths for such fiscal property, if the property ceases to be held in and Overseas Citizens Absentee Voting Act, year, and for other purposes; which was public ownership or ceases to be used for a as added by subsection (a). ordered to lie on the table; as follows: public purpose. (2) ELEMENTS.—The report under paragraph At the end of subtitle C of title XXVIII, (f) OTHER TERMS AND CONDITIONS.—The (1) shall include a status of the implementa- add the following: conveyance of real property under subsection tion of the program and a detailed descrip- SECTION 2822. EASTLAKE, OHIO. (a) shall be made subject to such other terms and conditions as the Administrator con- tion of the specific steps taken towards its (a) RELEASE OF RESTRICTIONS.—Subject to implementation for November 2008, Novem- the requirements of this section, the Admin- siders appropriate to protect the interests of ber 2009, and November 2010. istrator of General Services is authorized to the United States. (g) DEADLINE.—The conveyance of real (f) DEFINITIONS.—In this section: release the restrictions contained in the deed property under subsection (a) shall be made (1) The term ‘‘absent overseas uniformed that conveyed to the city of Eastlake, Ohio, not later than 90 days after the date of en- services voter’’ has the meaning given that the parcel of real property described in sub- actment of this Act. term in section 103A(d) of the Uniformed and section (b). Overseas Citizens Absentee Voting Act, as (b) PROPERTY DESCRIPTION.—The parcel of Ms. COLLINS submitted an added by subsection (a). real property referred to in subsection (a) is SA 5610. (2) The term ‘‘Presidential designee’’ the site of the John F. Kennedy Senior Cen- amendment intended to be proposed by means the official designated under section ter located at 33505 Curtis Boulevard, city of her to the bill S. 3001, to authorize ap- 101(a) of the Uniformed and Overseas Citizens Eastlake, Ohio, on 10.873 acres more or less propriations for fiscal year 2009 for Absentee Voting Act (42 U.S.C. 1973ff(a)). as conveyed by the deed from the General military activities of the Department

VerDate Mar 15 2010 15:17 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00061 Fmt 0686 Sfmt 0634 E:\BR08\S16SE8.002 S16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 19159 of Defense, for military construction, ‘‘(c) MEMBERSHIP.—Membership in the tion shall terminate five years after submis- and for defense activities of the De- Corps shall be voluntary and open to all Fed- sion to the appropriate congressional compartment of Energy, to prescribe mili- eral employees, including uniformed mem- mittees of the concept of operations required bers of the Armed Services, who are cur- tary personnel strengths for such fiscal by subsection (b). rently members of the Federal acquisition ‘‘(B) NO EFFECT ON ONGOING DEPLOY- year, and for other purposes; which was workforce. MENTS.—Expiration of the authority pro- ordered to lie on the table; as follows: ‘‘(d) EDUCATION AND TRAINING.—The Ad- vided under this section shall not affect any At the end of subtitle F of title VIII, add ministrator may establish additional edu- deployment of the Corps that occurred prior the following: cational and training requirements, and may to the termination of the authority under pay for these additional requirements from SEC. 854. SMALL ARMS PRODUCTION INDUSTRIAL subparagraph (A), and any such deployment BASE MATTERS. funds available in the acquisition workforce shall continue as authorized by this section training fund. (a) AUTHORITY TO MODIFY DEFINITION OF prior to its termination. ‘‘(e) SALARY.—The salaries for members of ‘‘SMALL ARMS PRODUCTION INDUSTRIAL ‘‘(i) APPROPRIATE CONGRESSIONAL COMMIT- the Corps shall be paid by their parent agen- BASE’’.—Section 2473(c) of title 10, United TEES DEFINED.—In this section, the term ‘ap- cies out of existing appropriations. States Code, is amended by inserting before propriate congressional committees’ ‘‘(f) AUTHORITY TO DEPLOY THE CORPS.— means— the period at the end the following: ‘‘, and The Administrator, or the Administrator’s any subsequent modifications to such list of ‘‘(1) the Committee on Armed Services, the designee, shall have the authority, upon the Committee on Homeland Security and Gov- firms pursuant to a review by the Secretary request of an executive agency, to determine of Defense’’. ernmental Affairs, and the Committee on when civilian agency members of the Corps Foreign Relations of the Senate; and (b) REVIEW OF SMALL ARMS PRODUCTION IN- shall be deployed, in consultation with the DUSTRIAL BASE.—Not later than September ‘‘(2) the Committee on Armed Services, the head of the agency or agencies employing Committee on Oversight and Government 30, 2009, the Secretary of Defense shall re- the members to be deployed. With respect to view and determine, based upon manufac- Reform, and the Committee on Foreign Af- members of the Corps who are also members fairs of the House of Representatives.’’. turing capability and capacity— of the Armed Forces or civilian personnel of (1) whether any firms included in the small (b) CLERICAL AMENDMENT.—The table of the Department of Defense, the Secretary of contents in section 1(b) of such Act is arms production industrial base should be Defense, or the Secretary’s designee, must amended by adding at the end the following eliminated or modified and whether any ad- concur in the Administrator’s deployment new item: ditional firms should be included; and determinations. ‘‘Sec. 44. Contingency Contracting Corps.’’. (2) whether any of the small arms listed in ‘‘(g) ANNUAL AND FINAL PILOT PROGRAM RE- section 2473(d) of title 10, United States PORTS.— Mr. KERRY submitted an Code, should be eliminated from the list or SA 5612. ‘‘(1) ANNUAL REPORT.— amendment intended to be proposed to modified on the list, and whether any addi- ‘‘(A) IN GENERAL.—The Administrator shall tional small arms should be included in the provide to the appropriate congressional amendment SA 5593 submitted by Mr. list. committees an annual report on the status KERRY (for himself and Mr. SMITH) and of the Corps. intended to be proposed to the bill S. SA 5611. Ms. COLLINS (for herself ‘‘(B) CONTENT.—At a minimum, each report 3001, to authorize appropriations for and Mr. LIEBERMAN) submitted an under subparagraph (A) shall include the fiscal year 2009 for military activities amendment intended to be proposed by number of members of the Corps, the fully of the Department of Defense, for mili- her to the bill S. 3001, to authorize ap- burdened cost of operating the program, the tary construction, and for defense ac- propriations for fiscal year 2009 for number of deployments of members of the tivities of the Department of Energy, program, and the performance of members of military activities of the Department to prescribe military personnel the program in deployment. strengths for such fiscal year, and for of Defense, for military construction, ‘‘(2) PILOT PROGRAM REPORT.— and for defense activities of the De- ‘‘(A) IN GENERAL.—Not later than four other purposes; which was ordered to partment of Energy, to prescribe mili- years after the concept of operations re- lie on the table; as follows: tary personnel strengths for such fiscal quired by subsection (b) is provided to the In lieu of the matter proposed to be in- year, and for other purposes; which was appropriate congressional committees, the serted, insert the following: ordered to lie on the table; as follows: Administrator, in coordination with the Sec- SEC. ll. SENSE OF THE SENATE. retary of Defense, the Secretary of Homeland It is the sense of the Senate that— Strike section 812 and insert the following: Security, and the Secretary of State, shall (1) irrespective of the origins of the recent SEC. 812. CONTINGENCY CONTRACTING CORPS. provide an assessment of the pilot program conflict in Georgia, the disproportionate (a) IN GENERAL.—The Office of Federal Pro- established by this section and make any military response by the Russian Federation curement Policy Act (41 U.S.C. 403 et seq.) is recommendations relating to continuation on the sovereign, internationally recognized amended by adding at the end the following or modification of the Corps. territory of Georgia, including the South new section: ‘‘(B) CONTENT.—At a minimum, the report Ossetian Autonomous Region (referred to in ‘‘SEC. 44. CONTINGENCY CONTRACTING CORPS. required by subparagraph (A) shall include, this section as ‘‘South Ossetia’’) and the Au- ‘‘(a) ESTABLISHMENT.—The Administrator disaggregated by year and in summary, the tonomous Republic of Abkhazia (referred to shall establish a pilot program that creates a number of members of the Corps, training in this section as ‘‘Abkhazia’’), is in viola- government-wide Contingency Contracting accomplished, equipment provided, the fully tion of international law and commitments Corps (in this section, referred to as the burdened cost of operating the program, any of the Russian Federation; ‘Corps’). The members of the Corps shall be operations for which the Corps was deployed, (2) the actions undertaken by the Govern- available for deployment in responding to an assessment of the effectiveness of the ment of the Russian Federation in Georgia disasters, natural and man-made, and con- command and control structure for the have diminished its standing in the inter- tingency operations both within and outside Corps, an assessment of the integration of national community and should lead to a re- the continental United States. deployed members of the Corps with other view of existing, developing, and proposed ‘‘(b) CONCEPT OF OPERATIONS.—Not later agencies (both at the members’ parent agen- multilateral and bilateral arrangements; than 180 days after the date of the enactment cies and while deployed), and the perform- (3) the United States continues to have in- of the National Defense Authorization Act ance of members of the Corps during any de- terests in common with the Russian Federa- for Fiscal Year 2009, the Office of Federal ployments. tion, including combating the proliferation Procurement Policy, in coordination with ‘‘(h) EFFECTIVE DATES.— of nuclear weapons and fighting terrorism, the Secretary of Defense, the Secretary of ‘‘(1) IN GENERAL.—Subject to paragraphs (2) and these interests can, over time, serve as Homeland Security, and the Secretary of and (3), this section shall take effect upon the basis for improved long-term relations; State, shall provide the appropriate congres- the date of the enactment of the National (4) the Government of the Russian Federa- sional committees a concept of operations Defense Authorization Act for Fiscal Year tion should immediately comply with the (CONOPS) that provides details on the orga- 2009. September 8, 2008, follow-on agreement to nizational structure of the Corps, chain of ‘‘(2) ESTABLISHMENT AND DEPLOYMENT OF the 6-point cease-fire agreement negotiated command for on-call and deployed members CORPS.—The Administrator may not estab- on August 12, 2008; of the Corps, training and equipment re- lish or deploy the Corps until the concept of (5) the Government of the Russian Federa- quirements for members of the Corps, and operations required by subsection (b) has tion and the Government of Georgia should— funding requirements related to the oper- been submitted to the appropriate congres- (A) refrain from the future use of force to ation, training, and equipping of the Corps, sional committees. resolve the status of Abkhazia and South and any other matters relating to the effi- ‘‘(3) PILOT PROGRAM TERMINATION.— Ossetia; and cient establishment and operation of the ‘‘(A) IN GENERAL.—Subject to subparagraph (B) work with the United States, Europe, Corps. (B), the authority provided under this sec- and other concerned countries and through

VerDate Mar 15 2010 15:17 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00062 Fmt 0686 Sfmt 0634 E:\BR08\S16SE8.002 S16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19160 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 September 16, 2008 the United Nations Security Council, the Or- SEC. 401. TEMPORARY INCREASE IN NUMBER OF ‘‘(D) A description of steps taken to com- ganization for Security and Cooperation in AUTHORIZED JUDGES OF THE ply with section 533 of the National Energy Europe, and other international fora to iden- UNITED STATES COURT OF APPEALS Conservation Policy Act (42 U.S.C. 8259b), re- tify a political settlement that addresses the FOR VETERANS CLAIMS. garding the supply by the General Services short-term and long-term status of Abkhazia Section 7253 is amended by adding at the Administration and the Defense Logistics and South Ossetia, in accordance with prior end the following new subsection: Agency of Energy Star and Federal Energy United Nations Security Council resolutions; ‘‘(i) ADDITIONAL TEMPORARY EXPANSION OF Management Program (FEMP) designated (6) the United States should— COURT.—(1) Subject to paragraph (2), effec- products to its Department of Defense cus- (A) provide humanitarian and economic as- tive as of December 31, 2009, the authorized tomers. sistance to Georgia; number of judges of the Court specified in ‘‘(E) A description of steps taken to en- (B) seek to improve commercial relations subsection (a) is increased by two. courage the use of Energy Star and FEMP with Georgia; and ‘‘(2) Effective as of January 1, 2013, an ap- designated products at military installations (C) working in tandem with the inter- pointment may not be made to the Court if in government or contract maintenance ac- national community, continue to support the appointment would result in there being tivities. the development of a strong, vibrant, more judges of the Court than the authorized ‘‘(F) A description of steps taken to com- multiparty democracy in Georgia; number of judges of the Court specified in ply with standards for projects built using (7) the President should consult with Con- subsection (a).’’. appropriated funds and established by the gress on future security cooperation and as- On page 47, between lines 20 and 21, insert Energy Independence and Security Act of sistance to Georgia, as appropriate; the following: 2007 for privatized construction projects, (8) the United States continues to support ‘‘(15) An assessment of the workload of whether residential, administrative, or in- the North Atlantic Treaty Organization dec- each judge of the Court, including consider- dustrial.’’. laration reached at the Bucharest Summit ation of the following: on April 3, 2008; and ‘‘(A) The time required of each judge for SA 5616. Mr. KERRY (for himself and (9) the United States should work with the disposition of each type of case. Ms. SNOWE) submitted an amendment European Union, Georgia, and its neighbors ‘‘(B) The number of cases reviewed by the intended to be proposed by him to the Court. to ensure the free flow of energy to Europe bill S. 3001, to authorize appropriations and the operation of key communication and ‘‘(C) The average workload of other Fed- eral judges’’. for fiscal year 2009 for military activi- trade routes. ties of the Department of Defense, for SA 5615. Mr. SANDERS submitted an military construction, and for defense SA 5613. Mr. LEVIN submitted an amendment intended to be proposed by activities of the Department of Energy, amendment intended to be proposed by him to the bill S. 3001, to authorize ap- to prescribe military personnel him to the bill S. 3001, to authorize appropriations for fiscal year 2009 for strengths for such fiscal year, and for propriations for fiscal year 2009 for military activities of the Department other purposes; which was ordered to military activities of the Department of Defense, for military construction, lie on the table; as follows: of Defense, for military construction, and for defense activities of the De- On page 311, between lines 13 and 14, insert and for defense activities of the De- partment of Energy, to prescribe mili- the following: partment of Energy, to prescribe mili- SEC. 1083. COMMERCIALIZATION PILOT PRO- tary personnel strengths for such fiscal GRAM. tary personnel strengths for such fiscal year, and for other purposes; which was Section 9(y) of the Small Business Act (15 year, and for other purposes; which was ordered to lie on the table; as follows: U.S.C. 638(y)) is amended— ordered to lie on the table; as follows: On page 72, after line 20, add the following: (1) in paragraph (1)— On page 458, between lines 12 and 13, insert SEC. 314. EXTENSION AND EXPANSION OF RE- (A) by inserting ‘‘or Small Business Tech- the following: PORTING REQUIREMENTS REGARD- nology Transfer Program’’ after ‘‘Small ING DEPARTMENT OF DEFENSE EN- Business Innovation Research Program’’; SEC. 2842. WATER CONSERVATION INVESTMENT ERGY EFFICIENCY PROGRAMS. and PROGRAM. Section 317(e) of the National Defense Au- (B) by adding at the end the following: (a) ESTABLISHMENT OF ACCOUNT.—There is thorization Act for Fiscal Year 2002 (Public ‘‘The authority to create and administer a hereby established on the books of the Treas- Law 107–107; 115 Stat. 1054) is amended to Commercialization Pilot Program under this ury an account to be known as the ‘‘Depart- read as follows: subsection may not be construed to elimi- ment of Defense Water Conservation Invest- ‘‘(e) REPORTING REQUIREMENTS.— nate or replace any other SBIR program or ment Program Account’’ (in this section re- ‘‘(1) IN GENERAL.—Not later than January STTR program that enhances the insertion ferred to as the ‘‘Account’’). 1, 2002, and each January 1 thereafter or transition of SBIR or STTR technologies, through 2013, the Secretary shall submit to including any such program in effect on the (b) CREDITS TO ACCOUNT.—The Account shall consist of the following: the congressional defense a report regarding date of enactment of the National Defense (1) Amounts appropriated to the Account. progress made toward achieving the energy Authorization Act for Fiscal Year 2006 (Pub- (2) Amounts transferred pursuant to appro- efficiency goals of the Department of De- lic Law 109–163; 119 Stat. 3136).’’; priations Acts to the Account from oper- fense, consistent with the provisions of sec- (2) in paragraph (2), by inserting ‘‘or Small ation and maintenance or military construction 303 of Executive Order 13123 (64 Fed. Business Technology Transfer Program’’ tion accounts of the Department of Defense. Reg. 30851; 42 U.S.C. 8521 note) and section after ‘‘Small Business Innovation Research 11(b) of Executive Order 13423 (72 Fed. Reg. Program’’; (c) USE OF FUNDS.—To the extent provided 3919; 42 U.S.C. 4321 note). (3) by redesignating paragraphs (5) and (6) in appropriations Acts, funds in the account ‘‘(2) REPORTS SUBMITTED AFTER JANUARY 1, as paragraphs (7) and (8), respectively; may be used— 2008.—Each report required under paragraph (4) by inserting after paragraph (4) the fol- (1) to carry out construction or other (1) that is submitted after the date of the en- lowing: projects authorized by section 2866 of title 10, actment of the National Defense Authoriza- ‘‘(5) INSERTION INCENTIVES.—For any con- United States Code; or tion Act for Fiscal Year 2009 shall include tract with a value of not less than (2) to comply with the requirements of Ex- the following: $100,000,000, the Secretary of Defense is au- ecutive Order No. 13423 (January 24, 2007) or ‘‘(A) A description of steps taken to ensure thorized to— any successor Executive Order relating to that facility and installation management ‘‘(A) establish goals for transitioning water conservation. goals are consistent with current legislative Phase III technologies in subcontracting and other requirements, including applicable plans; and SA 5614. Mr. LEVIN (for Mr. AKAKA) requirements under the Energy Independence ‘‘(B) require a prime contractor on such a proposed an amendment to the bill S. and Security Act of 2007 (Public Law 110–140). contract to report the number and dollar ‘‘(B) A description of steps taken to deter- amount of contracts entered into by that 3023, to amend title 38, United States mine best practices for measuring energy prime contractor for Phase III SBIR or Code, to improve and enhance com- consumption in Department of Defense fa- STTR projects. pensation and pension, housing, labor cilities and installations in order to use the ‘‘(6) GOAL FOR SBIR AND STTR TECHNOLOGY and education, and insurance benefits data for better energy management. INSERTION.—The Secretary of Defense shall— for veterans, and for other purposes; as ‘‘(C) A description of steps taken to comply ‘‘(A) set a goal to increase the number of follows: with requirements of the Energy Independ- Phase II SBIR contracts and the number of ence and Security Act of 2007, including new Phase II STTR contracts awarded by that Strike section 311. design and construction requirements for Secretary that lead to technology transition Strike section 401 and insert the following: buildings. into programs of record or fielded systems;

VerDate Mar 15 2010 15:17 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00063 Fmt 0686 Sfmt 0634 E:\BR08\S16SE8.002 S16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 19161 ‘‘(B) use incentives in effect on the date of mittee on Commerce, Science, and The PRESIDING OFFICER. Without enactment of the National Defense Author- Transportation be authorized to meet objection, it is so ordered. ization Act for Fiscal Year 2009, or create during the session of the Senate on f new incentives, to encourage agency pro- Tuesday, September 16, 2008, at 10:30 gram managers and prime contractors to PRIVILEGES OF THE FLOOR meet the goal under subparagraph (A); and a.m., in room 253V the Russell Senate ‘‘(C) include in the annual report to Con- Office Building. Ms. CANTWELL. Mr. President, I ask gress the percentage of contracts described In this hearing, the Committee will unanimous consent that Nora Adkins, in subparagraph (A) awarded by that Sec- receive testimony regarding the con- a detailee to the Committee on Home- retary, which shall include information on sumer benefits of broadband service in land Security and Governmental Af- the ongoing status of projects funded areas such as education, job opportuni- fairs, be granted the privilege of the through the Commercialization Pilot Pro- ties, telemedicine, and access to gov- gram and efforts to transition these tech- floor for the remainder of the second nologies into programs of record or fielded ernment resources. session of the 110th Congress. systems.’’; and The PRESIDING OFFICER. Without The ACTING PRESIDENT pro tem- (5) in paragraph (8), as so redesignated, by objection, it is so ordered. pore. Without objection, it is so or- striking ‘‘fiscal year 2009’’ and inserting ‘‘fis- COMMITTEE ON ENERGY AND NATURAL dered. cal year 2014’’. RESOURCES Mr. CHAMBLISS. Mr. President, I Mr. LEVIN. Mr. President, I ask ask unanimous consent that Jerry SA 5617. Mr. KERRY (for himself and unanimous consent that the Com- Acosta, a military fellow in my office, Ms. SNOWE) submitted an amendment intended to be proposed by him to the mittee on Energy and Natural Re- be granted the privilege of the floor for bill S. 3001, to authorize appropriations sources be authorized to meet during the remainder of the Senate’s consider- for fiscal year 2009 for military activi- the session of the Senate to conduct a ation of S. 3001. ties of the Department of Defense, for hearing on Tuesday, September 16, The ACTING PRESIDENT pro tem- military construction, and for defense 2008, at 10 a.m., in room SD–366 of the pore. Without objection, it is so or- activities of the Department of Energy, Dirksen Senate Office Building. dered. to prescribe military personnel The PRESIDING OFFICER. Without f strengths for such fiscal year, and for objection, it is so ordered. LIBRARY OF CONGRESS SOUND other purposes; which was ordered to COMMITTEE ON ENVIRONMENT AND PUBLIC RECORDING AND FILM PRESER- lie on the table; as follows: WORKS VATION PROGRAMS REAUTHOR- On page 311, between lines 13 and 14, insert Mr. LEVIN. Mr. President, I ask the following: unanimous consent that the Com- IZATION ACT OF 2008 SEC. 1083. SMALL HIGH-TECH FIRMS. mittee on Environment and Public Mr. LEVIN. Mr. President, I ask (a) SBIR.—Section 9(m) of the Small Busi- Works be authorized to meet during unanimous consent that the Rules ness Act (15 U.S.C. 638(m)) is amended by the session of the Senate on Tuesday, Committee be discharged from further striking ‘‘2008’’ and inserting ‘‘2010’’. (b) STTR.—Section 9(n)(1)(A) of the Small September 16, 2008, at 10 a.m. in room consideration of H.R. 5893 and the Sen- Business Act (15 U.S.C. 638(n)(1)(A)) is 406 of the Dirksen Senate Office Build- ate proceed to its immediate consider- amended by striking ‘‘2009’’ and inserting ing to hold a hearing entitled ‘‘Over- ation. ‘‘2011’’. sight Hearing on EPA’s Children’s The PRESIDING OFFICER. Without f Health Protection Efforts.’’ objection, it is so ordered. The PRESIDING OFFICER. Without The clerk will report the bill by title. NOTICE OF HEARING objection, it is so ordered. The legislative clerk read as follows: COMMITTEE ON ENERGY AND NATURAL COMMITTEE ON FINANCE A bill (H.R. 5893) to reauthorize the sound RESOURCES Mr. LEVIN. Mr. President, I ask recording and film preservation programs of Mr. BINGAMAN. Mr. President, I unanimous consent that the Com- the Library of Congress, and for other pur- would like to announce for the infor- poses. mation of the Senate and the public mittee on Finance be authorized to meet during the session of the Senate There being no objection, the Senate that a hearing has been scheduled be- proceeded to consider the bill. fore the Senate Committee on Energy on Tuesday, September 16, 2008, at 10 a.m., in 215 Dirksen Senate Office Mr. LEVIN. Mr. President, I ask and Natural Resources. The hearing unanimous consent that the bill be will be held on Tuesday, September 23, Building, to conduct a hearing entitled read a third time and passed, the mo- 2008, at 10 a.m., in room SD–366 of the ‘‘Aligning Incentives: The Case for De- tion to reconsider be laid upon the Dirksen Senate Office Building. livery System Reform.’’ The purpose of this hearing is to ex- The PRESIDING OFFICER. Without table, with no intervening action or de- amine why diesel fuel prices have been objection, it is so ordered. bate, and that any statements relating to the bill be printed in the RECORD. so high, and what can be done to ad- SUBCOMMITTEE ON ENERGY dress the situation. Mr. LEVIN. Mr. President, I ask The PRESIDING OFFICER. Without Because of the limited time available unanimous consent that the Sub- objection, it is so ordered. for the hearing, witnesses may testify committee on Energy be authorized to The bill (H.R. 5893) was ordered to a by invitation only. However, those meet during the session of the Senate third reading, was read the third time, wishing to submit written testimony to conduct a hearing on Tuesday, Sep- and passed. for the hearing record may do so by tember 16, 2008, at 2:30 p.m., in room f sending it to the Committee on Energy SD–366 of the Dirksen Senate Office and Natural Resources, United States DISTRICT OF COLUMBIA Building. AMENDMENT ACT, 2008 Senate, Washington, D.C. 20510–6150, or The PRESIDING OFFICER. Without by e-mail to Rosemarie objection, it is so ordered. Mr. LEVIN. Mr. President, I ask [email protected] unanimous consent that the Senate SUBCOMMITTEE ON THE CONSTITUTION For further information, please con- proceed to the immediate consider- Mr. LEVIN. Mr. President, I ask tact Tara Billingsley at (202) 224–4756 or ation of Calendar No. 900, H.R. 5551. unanimous consent that the Senate Rosemarie Calabro at (202) 224–5039. The PRESIDING OFFICER. The Committee on the Judiciary, Sub- f clerk will report the bill by title. committee on the Constitution be au- The legislative clerk read as follows: AUTHORITY FOR COMMITTEES TO thorized to meet during the session of MEET the Senate, to conduct a hearing enti- A bill (H.R. 5551) to amend title 11, District of Columbia Official Code, to implement the COMMITTEE ON COMMERCE, SCIENCE, AND tled ‘‘Restoring the Rule of Law’’ on increase provided under the District of Co- TRANSPORTATION Tuesday, September 16, 2008, at 10:15 lumbia Appropriations Act, 2008, in the Mr. LEVIN. Mr. President, I ask a.m., in room SH–216 of the Hart Sen- amount of funds made available for the com- unanimous consent that the Com- ate Office Building. pensation of attorneys representing indigent

VerDate Mar 15 2010 15:17 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00064 Fmt 0686 Sfmt 0634 E:\BR08\S16SE8.002 S16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19162 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 September 16, 2008 defendants in the District of Columbia Sec. 106. Report on studies regarding compensa- Sec. 404. Annual reports on workload of the courts, and for other purposes. tion of veterans for loss of earning United States Court of Appeals There being no objection, the Senate capacity and quality of life and for Veterans Claims. on long-term transition payments proceeded to consider the bill. TITLE V—INSURANCE MATTERS Mr. LEVIN. Mr. President, I ask to veterans undergoing rehabilitation for service-connected disabil- Sec. 501. Report on inclusion of severe and unanimous consent that the bill be ities. acute Post Traumatic Stress Dis- read three times and passed, the mo- TITLE II—HOUSING MATTERS order among conditions covered tion to reconsider be laid upon the by traumatic injury protection table, with no intervening action or de- Sec. 201. Temporary increase in maximum loan guaranty amount for certain coverage under Servicemembers’ bate, and that any statements relating housing loans guaranteed by the Group Life Insurance. to the bill be printed in the RECORD. Secretary of Veterans Affairs. Sec. 502. Treatment of stillborn children as in- The PRESIDING OFFICER. Without Sec. 202. Enhancement of refinancing of home surable dependents under objection, it is so ordered. loans by veterans. Servicemembers’ Group Life In- The bill (H.R. 5551) was ordered to a Sec. 203. Four-year extension of demonstration surance. third reading, was read the third time, projects on adjustable rate mort- Sec. 503. Other enhancements of and passed. gages. Servicemembers’ Group Life In- Sec. 204. Eligibility for specially adapted hous- surance coverage. f ing benefits and assistance for VETERANS’ BENEFITS members of the Armed Forces with TITLE VI—OTHER MATTERS IMPROVEMENT ACT OF 2008 a service-connected disability. Sec. 601. Authority for suspension or termi- Sec. 205. Report on impact of mortgage fore- Mr. LEVIN. Mr. President, I ask nation of claims of the United closures on veterans. States against individuals who unanimous consent that the Senate TITLE III—LABOR AND EDUCATION died while serving on active duty proceed to the immediate consider- MATTERS in the Armed Forces. ation of Calendar No. 947, S. 3023. Subtitle A—Labor and Employment Matters Sec. 602. Memorial headstones and markers for The PRESIDING OFFICER. The Sec. 301. Waiver of 24-month limitation on pro- deceased remarried surviving clerk will report the bill by title. gram of independent living serv- spouses of veterans. The legislative clerk read as follows: ices and assistance for veterans Sec. 603. Three-year extension of authority to A bill (S. 3023) to amend Title 38, United with a severe disability incurred carry out income verification. States Code, to require the Secretary of Vet- in the Post-9/11 Global Operations erans Affairs to prescribe regulations relat- Sec. 604. Three-year extension of temporary au- period. thority for the performance of ing to the notice to be provided claimants Sec. 302. Reform of USERRA complaint process. with the Department of Veterans Affairs re- medical disability examinations Sec. 303. Modification and expansion of report- by contract physicians. garding the substantiation of claims, and for ing requirements with respect to other purposes. enforcement of USERRA. SEC. 2. REFERENCES TO TITLE 38, UNITED There being no objection, the Senate Sec. 304. Training for executive branch human STATES CODE. proceeded to consider the bill, which resources personnel on employ- Except as otherwise expressly provided, when- had been reported from the Committee ment and reemployment rights of ever in this Act an amendment or repeal is ex- on Veterans’ Affairs, with an amend- members of the uniformed serv- pressed in terms of an amendment to, or repeal ices. of, a section or other provision, the reference ment to strike all after the enacting Sec. 305. Report on the employment needs of shall be considered to be made to a section or clause and insert in lieu thereof the Native American veterans living other provision of title 38, United States Code. following: on tribal lands. S. 3023 Sec. 306. Report on measures to assist and en- TITLE I—COMPENSATION AND PENSION MATTERS Be it enacted by the Senate and House of Rep- courage veterans in completing resentatives of the United States of America in vocational rehabilitation. SEC. 101. REGULATIONS ON CONTENTS OF NO- Congress assembled, Subtitle B—Education Matters TICE TO BE PROVIDED CLAIMANTS WITH THE DEPARTMENT OF VET- SECTION 1. SHORT TITLE. Sec. 311. Relief for students who discontinue ERANS AFFAIRS REGARDING THE (a) SHORT TITLE.—This Act may be cited as education because of military SUBSTANTIATION OF CLAIMS. the ‘‘Veterans’ Benefits Improvement Act of service. (a) IN GENERAL.—Section 5103(a) is amended— 2008’’. Sec. 312. Modification of period of eligibility for (b) TABLE OF CONTENTS.—The table of con- Survivors’ and Dependents’ Edu- (1) by inserting ‘‘(1)’’ before ‘‘Upon receipt’’; tents for this Act is as follows: cational Assistance of certain and Sec. 1. Short title. spouses of individuals with serv- (2) by adding at the end the following new Sec. 2. References to title 38, United States ice-connected disabilities total paragraph: Code. and permanent in nature. ‘‘(2)(A) The Secretary shall prescribe in regu- TITLE I—COMPENSATION AND PENSION Sec. 313. Repeal of requirement for report to the lations requirements relating to the contents of MATTERS Secretary of Veterans Affairs on notice to be provided under this subsection. prior training. Sec. 101. Regulations on contents of notice to be ‘‘(B) The regulations required by this para- Sec. 314. Modification of waiting period before provided claimants with the De- graph— partment of Veterans Affairs re- affirmation of enrollment in a cor- garding the substantiation of respondence course. ‘‘(i) shall specify different contents for notice claims. Sec. 315. Change of programs of education at depending on whether the claim concerned is an Sec. 102. Judicial review of adoption and revi- the same educational institution. original claim, a claim for reopening a prior de- sion by the Secretary of Veterans Sec. 316. Repeal of certification requirement cision on a claim, or a claim for increase in ben- Affairs of the schedule of ratings with respect to applications for efits; for disabilities of veterans. approval of self-employment on- ‘‘(ii) may provide additional or alternative Sec. 103. Automatic annual increase in rates of job training. contents for notice if appropriate to the benefit disability compensation and de- Subtitle C—Other Matters or services sought under the claim; pendency and indemnity com- Sec. 321. Designation of the Office of Small ‘‘(iii) shall specify for each type of claim for pensation. Business Programs of the Depart- benefits the general information and evidence Sec. 104. Conforming amendment relating to ment of Veterans Affairs. required to substantiate the basic elements of non-deductibility from veterans’ such type of claim; and disability compensation of dis- TITLE IV—COURT MATTERS ability severance pay for disabil- Sec. 401. Increase in number of active judges on ‘‘(iv) shall specify the time period limitations ities incurred by members of the the United States Court of Ap- required pursuant to subsection (b).’’. Armed Forces in combat zones. peals for Veterans Claims. (b) APPLICABILITY.—The regulations required Sec. 105. Report on progress of the Secretary of Sec. 402. Protection of privacy and security by paragraph (2) of section 5103(a) of title 38, Veterans Affairs in addressing concerns in court records. United States Code (as amended by subsection causes for variances in compensa- Sec. 403. Recall of retired judges of the United (a) of this section), shall apply with respect to tion payments for veterans for States Court of Appeals for Vet- notices provided to claimants on or after the ef- service-connected disabilities. erans Claims. fective date of such regulations.

VerDate Mar 15 2010 15:17 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00065 Fmt 0686 Sfmt 6333 E:\BR08\S16SE8.002 S16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 19163 SEC. 102. JUDICIAL REVIEW OF ADOPTION AND striking ‘as required by section 1212(c) of title and recommendations, including a description REVISION BY THE SECRETARY OF 10’ and inserting ‘to the extent required by sec- of any modification of the schedule for rating VETERANS AFFAIRS OF THE SCHED- tion 1212(d) of title 10’.’’. disabilities of veterans under section 1155 of title ULE OF RATINGS FOR DISABILITIES (b) EFFECTIVE DATE.—The amendments made 38, United States Code, proposed to be under- OF VETERANS. by subsection (a) shall take effect on January taken by the Secretary and of any other modi- Section 502 is amended by striking ‘‘(other 28, 2008 (the date of the enactment of the fication of policy or regulations proposed to be than an action relating to the adoption or revi- Wounded Warrior Act), as if included in that undertaken by the Secretary. sion of the schedule of ratings for disabilities Act, to which they relate. (C) For each action proposed to be taken as adopted under section 1155 of this title)’’. SEC. 105. REPORT ON PROGRESS OF THE SEC- described in subparagraph (B), a proposed SEC. 103. AUTOMATIC ANNUAL INCREASE IN RETARY OF VETERANS AFFAIRS IN schedule for the taking of such action, includ- RATES OF DISABILITY COMPENSA- ADDRESSING CAUSES FOR ing a schedule for the commencement and com- TION AND DEPENDENCY AND INDEM- VARIANCES IN COMPENSATION PAY- NITY COMPENSATION. pletion of such action. MENTS FOR VETERANS FOR SERV- (D) A description of any legislative action re- (a) INDEXING TO SOCIAL SECURITY IN- ICE-CONNECTED DISABILITIES. quired in order to authorize, facilitate, or en- CREASES.—Section 5312 is amended by adding at (a) REPORT REQUIRED.—Not later than one the end the following new subsection: year after the date of the enactment of this Act, hance the taking of any action proposed to be ‘‘(d)(1) Whenever there is an increase in ben- the Secretary of Veterans Affairs shall submit to taken as described in subparagraph (B). UBMITTAL DATE.—The report required by efit amounts payable under title II of the Social the Committee on Veterans’ Affairs of the Sen- (3) S this subsection shall be submitted not later than Security Act (42 U.S.C. 401 et seq.) as a result of ate and the Committee on Veterans’ Affairs of 210 days after the date of the enactment of this a determination made under section 215(i) of the House of Representatives a report describing Act. such Act (42 U.S.C. 415(i)), the Secretary shall, the progress of the Secretary in addressing the effective on the date of such increase in benefit causes of unacceptable variances in compensa- TITLE II—HOUSING MATTERS amounts, increase the dollar amounts in effect tion payments for veterans for service-connected SEC. 201. TEMPORARY INCREASE IN MAXIMUM for the payment of disability compensation and disabilities. LOAN GUARANTY AMOUNT FOR CER- dependency and indemnity compensation by the (b) ELEMENTS.—The report required under TAIN HOUSING LOANS GUARANTEED Secretary, as specified in paragraph (2), as such subsection (a) shall include the following: BY THE SECRETARY OF VETERANS amounts were in effect immediately prior to the (1) A description of the efforts of the Veterans AFFAIRS. date of such increase in benefit amounts pay- Benefits Administration to coordinate with the Notwithstanding subparagraph (C) of section able under title II of the Social Security Act, by Veterans Health Administration to improve the 3703(a)(1) of title 38, United States Code, for the same percentage as the percentage by which quality of examinations of veterans with service- purposes of any loan described in subparagraph such benefit amounts are increased. connected disabilities that are performed by the (A)(i)(IV) of such section that is originated dur- ‘‘(2) The dollar amounts to be increased pur- Veterans Health Administration and contract ing the period beginning on the date of the en- suant to paragraph (1) are the following: clinicians, including efforts relating to the use actment of this Act and ending on December 31, ‘‘(A) COMPENSATION.—Each of the dollar of approved templates for such examinations 2011, the term ‘‘maximum guaranty amount’’ amounts in effect under section 1114 of this title. and of reports on such examinations that are shall mean an amount equal to 25 percent of the ‘‘(B) ADDITIONAL COMPENSATION FOR DEPEND- based on such templates prepared in an easily- higher of— ENTS.—Each of the dollar amounts in effect readable format. (1) the limitation determined under section under section 1115(1) of this title. (2) An assessment of the current personnel re- 305(a)(2) of the Federal Home Loan Mortgage ‘‘(C) CLOTHING ALLOWANCE.—The dollar quirements of the Veterans Benefits Administra- Corporation Act (12 U.S.C. 1454(a)(2)) for the amount in effect under section 1162 of this title. tion, including an assessment of the adequacy calendar year in which the loan is originated ‘‘(D) NEW DIC RATES.—Each of the dollar of the number of personnel assigned to each re- for a single-family residence; or amounts in effect under paragraphs (1) and (2) gional office of the Administration for each type (2) 125 percent of the area median price for a of section 1311(a) of this title. of claim adjudication position. single-family residence, but in no case to exceed ‘‘(E) OLD DIC RATES.—Each of the dollar (3) A description of the differences, if any, in 175 percent of the limitation determined under amounts in effect under section 1311(a)(3) of this current patterns of submittal rate of claims to such section 305(a)(2) for the calendar year in title. the Secretary of Veterans Affairs regarding serv- which the loan is originated for a single-family ‘‘(F) ADDITIONAL DIC FOR SURVIVING SPOUSES ice-connected disabilities among various popu- residence. WITH MINOR CHILDREN.—The dollar amount in lations of veterans, including veterans living in SEC. 202. ENHANCEMENT OF REFINANCING OF effect under section 1311(b) of this title. rural and highly rural areas, minority veterans, HOME LOANS BY VETERANS. ‘‘(G) ADDITIONAL DIC FOR DISABILITY.—Each veterans who served in the National Guard or (a) INCLUSION OF REFINANCING LOANS AMONG of the dollar amounts in effect under sections Reserve, and veterans who are retired from the LOANS SUBJECT TO GUARANTY MAXIMUM.—Sec- 1311(c) and 1311(d) of this title. Armed Forces, and a description and assessment tion 3703(a)(1)(A)(i)(IV) is amended by inserting ‘‘(H) DIC FOR DEPENDENT CHILDREN.—Each of of efforts undertaken to eliminate such dif- ‘‘(5),’’ after ‘‘(3),’’. the dollar amounts in effect under sections ferences. (b) INCREASE IN MAXIMUM PERCENTAGE OF 1313(a) and 1314 of this title. LOAN-TO-VALUE OF REFINANCING LOANS SUB- ‘‘(3) Whenever there is an increase under SEC. 106. REPORT ON STUDIES REGARDING COM- PENSATION OF VETERANS FOR LOSS JECT TO GUARANTY.—Section 3710(b)(8) is paragraph (1) in amounts in effect for the pay- OF EARNING CAPACITY AND QUAL- amended by striking ‘‘90 percent’’ and inserting ment of disability compensation and dependency ITY OF LIFE AND ON LONG-TERM ‘‘95 percent’’. and indemnity compensation, the Secretary TRANSITION PAYMENTS TO VET- shall publish such amounts, as increased pursu- ERANS UNDERGOING REHABILITA- SEC. 203. FOUR-YEAR EXTENSION OF DEM- ant to such paragraph, in the Federal Register TION FOR SERVICE-CONNECTED DIS- ONSTRATION PROJECTS ON ADJUST- ABLE RATE MORTGAGES. at the same time as the material required by sec- ABILITIES. (a) DEMONSTRATION PROJECT ON ADJUSTABLE tion 215(i)(2)(D) of the Social Security Act (42 (a) FINDING.—Congress finds that the Sec- RATE MORTGAGES.—Section 3707(a) is amended U.S.C. 415(i)(2)(D)) is published by reason of a retary of Veterans Affairs entered into a con- by striking ‘‘during fiscal years 1993 through determination under section 215(i) of such Act tract in February 2008 to conduct two studies as 2008’’ and inserting ‘‘during the period begin- (42 U.S.C. 415(i)).’’. follows: ning with the beginning of fiscal year 1993 and (b) EFFECTIVE DATE.—Subsection (d) of sec- (1) A study on the appropriate levels of dis- tion 5312 of title 38, United States Code, as ability compensation to be paid to veterans to ending at the end of fiscal year 2012’’. EMONSTRATION PROJECT ON HYBRID AD- added by subsection (a) of this section, shall compensate for loss of earning capacity and (b) D JUSTABLE RATE MORTGAGES.—Section 3707A(a) take effect on December 1, 2009. quality of life as a result of service-related disabilities. is amended by striking ‘‘through 2008’’ and in- SEC. 104. CONFORMING AMENDMENT RELATING serting ‘‘through 2012’’. TO NON-DEDUCTIBILITY FROM VET- (2) A study on the feasability and appropriate ERANS’ DISABILITY COMPENSATION level of long-term transition payments to vet- SEC. 204. ELIGIBILITY FOR SPECIALLY ADAPTED OF DISABILITY SEVERANCE PAY FOR erans who are separated from the Armed Forces HOUSING BENEFITS AND ASSIST- DISABILITIES INCURRED BY MEM- due to disability while such veterans are under- ANCE FOR MEMBERS OF THE ARMED BERS OF THE ARMED FORCES IN going rehabilitation for such disability. FORCES WITH A SERVICE-CON- COMBAT ZONES. (b) REPORT REQUIRED.— NECTED DISABILITY. (a) CONFORMING AMENDMENT.—Section 1646 of (1) IN GENERAL.—The Secretary of Veterans The Secretary of Veterans Affairs may provide the Wounded Warrior Act (title XVI of Public Affairs shall submit to Congress a report on the assistance under chapter 21 of title 38, United Law 110–181; 122 Stat. 472) is amended— studies referred to in subsection (a). States Code, to a member of the Armed Forces (1) by redesignating subsection (c) as sub- (2) ELEMENTS.—The report required by this serving on active duty who is suffering from a section (d); and subsection shall include the following: disability described in section 2101 of such title (2) by inserting after subsection (b) the fol- (A) A comprehensive description of the find- if such disability is the result of an injury in- lowing new subsection (c): ings and recommendations of the studies. curred or disease contracted in or aggravated in ‘‘(c) CONFORMING AMENDMENT.—Section 1161 (B) A description of the actions proposed to be line of duty in the active military, naval, or air of title 38, United States Code, is amended by taken by the Secretary in light of such findings service. Such assistance shall be provided to the

VerDate Mar 15 2010 15:17 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00066 Fmt 0686 Sfmt 6333 E:\BR08\S16SE8.002 S16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19164 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 September 16, 2008 same extent, and subject to the same limitations, with respect to a complaint under this sub- ‘‘(C) shall not deprive a Federal court, the as assistance is provided to veterans under section, and when appropriate, to such claim- Merit Systems Protection Board, or a State chapter 21 of such title. ant’s employer.’’. court of jurisdiction over an action or complaint SEC. 205. REPORT ON IMPACT OF MORTGAGE (b) NOTIFICATION OF RESULTS OF INVESTIGA- filed by the Attorney General, the Special Coun- FORECLOSURES ON VETERANS. TION IN WRITING.—Subsection (e) of such section sel, or a person under section 4323 or 4324 of this (a) REPORT REQUIRED.—Not later than De- is amended by inserting ‘‘in writing’’ after ‘‘subtitle; and cember 31, 2009, the Secretary of Veterans Af- mitted the complaint’’. ‘‘(D) shall not constitute a defense, including fairs shall submit to the Committee on Veterans’ (c) EXPEDITION OF ATTEMPTS TO INVESTIGATE a statute of limitations period, that any em- Affairs of the Senate and the Committee on Vet- AND RESOLVE COMPLAINTS.—Section 4322 is fur- ployer (including a State, a private employer, or erans’ Affairs of the House of Representatives a ther amended— a Federal executive agency) or the Office of Per- report on the effects of mortgage foreclosures on (1) by redesignating subsection (f) as sub- sonnel Management may raise in an action filed veterans. section (g); and by the Attorney General, the Special Counsel, or (b) ELEMENTS.—The report required by sub- (2) by inserting after subsection (e) the fol- a person under section 4323 or 4324 of this title. section (a) shall include the following: lowing new subsection (f): ‘‘(2) If the Secretary, the Attorney General, or (1) A general assessment of the income of vet- ‘‘(f) Any action required by subsections (d) the Special Counsel is unable to meet a deadline erans who have recently separated from the and (e) with respect to a complaint submitted by applicable to such official in section 4322(f), Armed Forces. a person to the Secretary under subsection (a) 4323(a)(1), 4323(a)(2), 4324(a)(1), or 4324(a)(2)(B) (2) An assessment of the effects of any lag or shall be completed by the Secretary not later of this title, and the person agrees to an exten- delay in the adjudication by the Secretary of than 90 days after receipt of such complaint.’’. sion of time, the Secretary, the Attorney Gen- claims of veterans for disability compensation (d) EXPEDITION OF REFERRALS.— eral, or the Special Counsel, as the case may be, on the capacity of veterans to maintain ade- (1) EXPEDITION OF REFERRALS TO ATTORNEY shall complete the required action within the quate or suitable housing. GENERAL.—Section 4323(a)(1) is amended by in- additional period of time agreed to by the per- (3) A description of the extent to which the serting ‘‘Not later than 60 days after the Sec- son. retary receives such a request with respect to a provisions of the Servicemembers Civil Relief Act ‘‘(b) INAPPLICABILITY OF STATUTES OF LIMITA- complaint, the Secretary shall refer the com- (50 U.S.C. App. 501 et seq.) protect veterans from TIONS.—If any person seeks to file a complaint mortgage foreclosure, and an assessment of the plaint to the Attorney General.’’ after ‘‘to the or claim with the Secretary, the Merit Systems adequacy of such protections. Attorney General.’’. Protection Board, or a Federal or State court (2) EXPEDITION OF REFERRALS TO SPECIAL (4) A description and assessment of the ade- under this chapter alleging a violation of this COUNSEL.—Section 4324(a)(1) is amended by quacy of the home loan guaranty programs of chapter, there shall be no limit on the period for striking ‘‘The Secretary shall refer’’ and insert- the Department of Veterans Affairs, including filing the complaint or claim.’’. ing ‘‘Not later than 60 days after the date the the authorities of such programs and the assist- (2) CLERICAL AMENDMENT.—The table of sec- Secretary receives such a request, the Secretary ance provided individuals in the utilization of tions at the beginning of chapter 43 is amended shall refer’’. such programs, in preventing foreclosure for vet- by inserting after the item relating to section (e) NOTIFICATION OF REPRESENTATION.— erans recently separated from the Armed Forces, 4326 the following new item: and for members of the Armed Forces, who have (1) NOTIFICATION BY ATTORNEY GENERAL.— home loans guaranteed by the Secretary. Section 4323(a) is further amended— ‘‘4327. Noncompliance of Federal officials with (A) by redesignating paragraph (2) as para- deadlines; inapplicability of stat- TITLE III—LABOR AND EDUCATION graph (3); and utes of limitations.’’. MATTERS (B) by inserting after paragraph (1) the fol- (3) CONFORMING AMENDMENT.—Section 4323 is Subtitle A—Labor and Employment Matters lowing new paragraph (2): further amended— SEC. 301. WAIVER OF 24-MONTH LIMITATION ON ‘‘(2) Not later than 60 days after the date the (A) by striking subsection (i); and PROGRAM OF INDEPENDENT LIVING Attorney General receives a referral under para- (B) by redesignating subsection (j) as sub- SERVICES AND ASSISTANCE FOR graph (1), the Attorney General shall— section (i). VETERANS WITH A SEVERE DIS- ‘‘(A) make a decision whether to appear on ABILITY INCURRED IN THE POST-9/11 SEC. 303. MODIFICATION AND EXPANSION OF RE- GLOBAL OPERATIONS PERIOD. behalf of, and act as attorney for, the person on PORTING REQUIREMENTS WITH RE- whose behalf the complaint is submitted; and SPECT TO ENFORCEMENT OF Section 3105(d) is amended— USERRA. (1) by striking ‘‘Unless the Secretary’’ and all ‘‘(B) notify such person in writing of such de- (a) DATE OF ANNUAL REPORTS.—Section 4332 that follows through ‘‘the period of a program’’ cision.’’. is amended by striking ‘‘and no later than Feb- and inserting ‘‘(1) Except as provided in para- (2) NOTIFICATION BY SPECIAL COUNSEL.—Sub- ruary 1, 2005’’ and all that follows through the graph (2), the period of a program’’; and paragraph (B) of section 4324(a)(2) is amended (2) by adding at the end the following new to read as follows: ‘‘such February 1:’’ and inserting ‘‘, transmit to paragraph: ‘‘(B) Not later than 60 days after the date the Congress not later than July 1 each year a re- ‘‘(2)(A) The period of a program of inde- Special Counsel receives a referral under para- port on matters for the fiscal year ending in the pendent living services and assistance for a vet- graph (1), the Special Counsel shall— year before the year in which such report is eran under this chapter may exceed twenty-four ‘‘(i) make a decision whether to represent a transmitted as follows:’’. months as follows: person before the Merit Systems Protection (b) MODIFICATION OF ANNUAL REPORTS BY ‘‘(i) If the Secretary determines that a longer Board under subparagraph (A); and SECRETARY.—Such section is further amended— period is necessary and likely to result in a sub- ‘‘(ii) notify such person in writing of such de- (1) by striking ‘‘The Secretary shall’’ and in- stantial increase in the veteran’s level of inde- cision.’’. serting ‘‘(a) ANNUAL REPORT BY SECRETARY.— pendence in daily living. (f) DEADLINES, STATUTES OF LIMITATIONS, AND The Secretary shall’’; ‘‘(ii) If the veteran served on active duty dur- RELATED MATTERS.— (2) in paragraph (3), by inserting before the ing the Post-9/11 Global Operations period and (1) IN GENERAL.—Subchapter III of chapter 43 period at the end the following: ‘‘and the num- has a severe disability (as determined by the is amended by adding at the end the following ber of actions initiated by the Office of Special Secretary for purposes of this clause) incurred new section: Counsel before the Merit Systems Protection or aggravated in such service. ‘‘§ 4327. Noncompliance of Federal officials Board pursuant to section 4324 during such fis- ‘‘(B) In this paragraph, the term ‘Post-9/11 with deadlines; inapplicability of statutes of cal year’’; Global Operations period’ means the period of limitations (3) by redesignating paragraphs (6) and (7) as the Persian Gulf War beginning on September ‘‘(a) EFFECT OF NONCOMPLIANCE OF FEDERAL paragraphs (9) and (10), respectively; 11, 2001, and ending on the date thereafter pre- OFFICIALS WITH DEADLINES.—(1) The inability (4) by inserting after paragraph (5) the fol- scribed by Presidential proclamation or by of the Secretary, the Attorney General, or the lowing new paragraph (8): law.’’. Special Counsel to comply with a deadline ap- ‘‘(8) With respect to the cases reported on pur- SEC. 302. REFORM OF USERRA COMPLAINT PROC- plicable to such official under section 4322, 4323, suant to paragraphs (1), (2), (3), (4), and (5) the ESS. or 4324 of this title— number of such cases that involve persons with (a) NOTIFICATION OF RIGHTS WITH RESPECT TO ‘‘(A) shall not affect the authority of the At- different occupations or persons seeking dif- COMPLAINTS.—Subsection (c) of section 4322 is torney General or the Special Counsel to rep- ferent occupations, as designated by the Stand- amended to read as follows: resent and file an action or submit a complaint ard Occupational Classification System.’’. ‘‘(c)(1) Not later than five days after the Sec- on behalf of a person under section 4323 or 4324 (5) by redesignating paragraph (5) as para- retary receives a complaint submitted by a per- of this title; graph (7); son under subsection (a), the Secretary shall no- ‘‘(B) shall not affect the right of a person— (6) by inserting after paragraph (4) the fol- tify such person in writing of his or her rights ‘‘(i) to commence an action under section 4323 lowing new paragraphs (5) and (6): with respect to such complaint under this sec- of this title; ‘‘(5) The number of cases reviewed by the Sec- tion and section 4323 or 4324, as the case may ‘‘(ii) to submit a complaint under section 4324 retary and the Secretary of Defense through the be. of this title; or National Committee for Employer Support of the ‘‘(2) The Secretary shall, upon request, pro- ‘‘(iii) to obtain any type of assistance or relief Guard and Reserve of the Department of De- vide technical assistance to a potential claimant authorized by this chapter; fense that involve the same person.

VerDate Mar 15 2010 15:17 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00067 Fmt 0686 Sfmt 6333 E:\BR08\S16SE8.002 S16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 19165 ‘‘(6) With respect to the cases reported on pur- of this Act), and section 4323(a)(1) of title 38, (2) recommendations for improving employ- suant to paragraphs (1), (2), (3), (4), and (5)— United States Code (as so amended), as of the ment and job training opportunities for Native ‘‘(A) the number of such cases that involve a date of such report. American veterans on tribal land, especially disability-related issue; and (4) The extent to which the Attorney General through the utilization of resources for veterans. ‘‘(B) the number of such cases that involve a is meeting the timeliness requirements of section (b) TRIBAL ORGANIZATION DEFINED.—In this person who has a service-connected disability.’’; 4323(a)(2) of title 38, United States Code (as section, the term ‘‘tribal organization’’ has the and amended by section 302 of this Act), as of the meaning given such term in section 3765(4) of (7) in paragraph (7), as redesignated by para- date of such report. title 38, United States Code. graph (5) of this subsection, by striking ‘‘or (4)’’ (5) The extent to which the Special Counsel is SEC. 306. REPORT ON MEASURES TO ASSIST AND and inserting ‘‘(4), or (5)’’. meeting the timeliness requirements of section ENCOURAGE VETERANS IN COM- (c) ADDITIONAL REPORTS.—Such section is 4324(a)(2)(B) of title 38, United States Code (as PLETING VOCATIONAL REHABILITA- further amended by adding at the end the fol- amended by section 302 of this Act), as of the TION. lowing new subsection: date of such report. (a) STUDY REQUIRED.—The Secretary of Vet- ‘‘(b) QUARTERLY REPORTS.— (f) EFFECTIVE DATE.—The amendments made erans Affairs shall conduct a study on measures ‘‘(1) QUARTERLY REPORT BY SECRETARY.—Not by this section shall apply with respect to each to assist and encourage veterans in completing later than 30 days after the end of each fiscal report required under section 4332 of title 38, vocational rehabilitation. The study shall in- quarter, the Secretary shall submit to Congress, United States Code (as amended by this section), clude an identification of the following: the Secretary of Defense, the Attorney General, after the date of the enactment of this Act. (1) The various factors that may prevent or and the Special Counsel a report setting forth, SEC. 304. TRAINING FOR EXECUTIVE BRANCH preclude veterans from completing their voca- for the previous full quarter, the following: HUMAN RESOURCES PERSONNEL ON tional rehabilitation plans through the Depart- ‘‘(A) The number of cases for which the Sec- EMPLOYMENT AND REEMPLOYMENT ment of Veterans Affairs or otherwise achieving retary did not meet the requirements of section RIGHTS OF MEMBERS OF THE UNI- the vocational rehabilitation objectives of such FORMED SERVICES. 4322(f) of this title. plans. (a) TRAINING REQUIRED.—Subchapter IV of ‘‘(B) The number of cases for which the Sec- (2) The actions to be taken by the Secretary to chapter 43 is amended by adding at the end the retary received a request for a referral under assist and encourage veterans in overcoming the following new section: paragraph (1) of section 4323(a) of this title but factors identified in paragraph (1) and in other- did not make such referral within the time pe- ‘‘§ 4335. Training for Federal executive agency wise completing their vocational rehabilitation riod required by such paragraph. human resources personnel on employment plans or achieving the vocational rehabilitation ‘‘(2) QUARTERLY REPORT BY ATTORNEY GEN- and reemployment rights and limitations objectives of such plans. (b) MATTERS TO BE EXAMINED.—In con- ERAL.—Not later than 30 days after the end of ‘‘(a) TRAINING REQUIRED.—The head of each each fiscal quarter, the Attorney General shall Federal executive agency shall provide training ducting the study required by subsection (a), the submit to Congress, the Secretary, the Secretary for the human resources personnel of such agen- Secretary shall examine the following: (1) Measures utilized in other disability sys- of Defense, and the Special Counsel a report set- cy on the following: tems in the United States, and in other counting forth, for the previous full quarter, the ‘‘(1) The rights, benefits, and obligations of tries, to encourage completion of vocational re- number of cases for which the Attorney General members of the uniformed services under this habilitation by persons covered by such systems. received a referral under paragraph (1) of sec- chapter. (2) Any studies or survey data available to the tion 4323(a) of this title but did not meet the re- ‘‘(2) The application and administration of Secretary that relates to the matters covered by quirements of paragraph (2) of section 4323(a) of the requirements of this chapter by such agency the study. this title for such referral. with respect to such members. (3) The extent to which disability compensa- ‘‘(3) QUARTERLY REPORT BY SPECIAL COUN- ‘‘(b) CONSULTATION.—The training provided tion may be used as an incentive to encourage SEL.—Not later than 30 days after the end of under subsection (a) shall be developed and pro- veterans to undergo and complete vocational re- each fiscal quarter, the Special Counsel shall vided in consultation with the Director of the habilitation. Office of Personnel Management. submit to Congress, the Secretary, the Secretary (4) The report of the Veterans’ Disability Ben- ‘‘(c) FREQUENCY.—The training under sub- of Defense, and the Attorney General a report efits Commission established pursuant to section section (a) shall be provided with such fre- setting forth, for the previous full quarter, the 1501 of the National Defense Authorization Act quency as the Director of the Office of Per- number of cases for which the Special Counsel of 2004 (38 U.S.C. 1101 note). sonnel Management shall specify in order to en- received a referral under paragraph (1) of sec- (5) The report of the President’s Commission sure that the human resources personnel of Fed- tion 4324(a) of this title but did not meet the re- on Care for America’s Returning Wounded War- eral executive agencies are kept fully and cur- quirements of paragraph (2)(B) of section riors. rently informed of the matters covered by the 4324(a) of this title for such referral.’’. (6) Any other matters that the Secretary con- training. (d) UNIFORM CATEGORIZATION OF DATA.— siders appropriate for purposes of the study. ‘‘(d) HUMAN RESOURCES PERSONNEL DE- Such section is further amended by adding at (c) CONSIDERATIONS.—In conducting the study the end the following new subsection: FINED.—In this section, the term ‘human re- required by subsection (a), the Secretary shall ‘‘(c) UNIFORM CATEGORIZATION OF DATA.— sources personnel’, in the case of a Federal exec- consider— The Secretary shall coordinate with the Sec- utive agency, means any personnel of the agen- (1) the extent to which bonus payments or retary of Defense, the Attorney General, and cy who are authorized to recommend, take, or other incentives may be used to encourage vet- the Special Counsel to ensure that— approve any personnel action that is subject to erans to complete their vocational rehabilitation ‘‘(1) the information in the reports required by the requirements of this chapter with respect to plans or otherwise achieve the vocational reha- this section is categorized in a uniform way; and employees of the agency.’’. bilitation objectives of such plans; and ‘‘(2) the Secretary, the Secretary of Defense, (b) CLERICAL AMENDMENT.—The table of sec- (2) such other matters as the Secretary con- the Attorney General, and the Special Counsel tions at the beginning of chapter 43 is amended siders appropriate. each have electronic access to the case files re- by adding at the end the following new item: (d) CONSULTATION.—In conducting the study viewed under this chapter by the Secretary, the ‘‘4335. Training for Federal executive agency required by subsection (a), the Secretary— Secretary of Defense, the Attorney General, and human resources personnel on em- (1) shall consult with such veterans and mili- the Special Counsel with due regard for the pro- ployment and reemployment tary service organizations, and with such other visions of section 552a of title 5.’’. rights and limitations.’’. public and private organizations and individ- (e) COMPTROLLER GENERAL REPORT.—Not SEC. 305. REPORT ON THE EMPLOYMENT NEEDS uals, as the Secretary considers appropriate; later than two years after the date of the enact- OF NATIVE AMERICAN VETERANS and ment of this Act, the Comptroller General of the LIVING ON TRIBAL LANDS. (2) may employ consultants. United States shall submit to Congress a report (a) REPORT.—Not later than December 1, 2009, (e) REPORT.—Not later than 270 days after the that contains the following: the Secretary of Labor shall, in consultation commencement of the study required by sub- (1) An assessment of the reliability of the data with the Secretary of Veterans Affairs and the section (a), the Secretary shall submit to the contained in the reports submitted under sub- Secretary of the Interior, submit to Congress a Committee on Veterans’ Affairs of the Senate section (b) of section 4332 of title 38, United report assessing the employment needs of Native and the Committee on Veterans’ Affairs of the States Code (as amended by subsection (c) of American (American Indian, Alaska Native, Na- House of Representatives a report on the study. this section), as of the date of such report. tive Hawaiian, and Pacific Islander) veterans The report shall include the following: (2) An assessment of the timeliness of the re- living on tribal lands, including Indian reserva- (1) The findings of the Secretary under the ports submitted under subsection (b) of section tions, Alaska Native villages, and Hawaiian study. 4332 of title 38, United States Code (as so Home Lands. The report shall include— (2) Any recommendations that the Secretary amended), as of such date. (1) a review of current and prior government- considers appropriate for actions to be taken by (3) The extent to which the Secretary of Labor to-government relationships between tribal orga- the Secretary in light of the study, including a is meeting the timeliness requirements of sub- nizations and the Veterans’ Employment and proposal for such legislative or administrative sections (c)(1) and (f) of section 4322 of title 38, Training Service of the Department of Labor; action as the Secretary considers appropriate to United States Code (as amended by section 302 and implement the recommendations.

VerDate Mar 15 2010 15:17 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00068 Fmt 0686 Sfmt 6333 E:\BR08\S16SE8.002 S16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19166 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 September 16, 2008 Subtitle B—Education Matters be a total disability permanent in nature not ‘‘(c)(1) The Court shall prescribe rules, in ac- SEC. 311. RELIEF FOR STUDENTS WHO DIS- later than three years after discharge from serv- cordance with section 7264(a) of this title, to CONTINUE EDUCATION BECAUSE OF ice may be afforded educational assistance protect privacy and security concerns relating to MILITARY SERVICE. under this chapter during the 20-year period be- all filing of documents and the public avail- (a) IN GENERAL.—Title VII of the ginning on the date the disability was so deter- ability under this subsection of documents re- Servicemembers Civil Relief Act (50 U.S.C. App. mined to be a total disability permanent in na- tained by the Court or filed electronically with 591 et seq.) is amended by adding at the end the ture, but only if the eligible person remains the the Court. following new section: spouse of the disabled person throughout the pe- ‘‘(2) The rules prescribed under paragraph (1) ‘‘SEC. 707. TUITION, REENROLLMENT, AND STU- riod.’’. shall be consistent to the extent practicable with DENT LOAN RELIEF FOR POSTSEC- SEC. 313. REPEAL OF REQUIREMENT FOR REPORT rules addressing privacy and security issues ONDARY STUDENTS CALLED TO TO THE SECRETARY OF VETERANS throughout the Federal courts. MILITARY SERVICE. AFFAIRS ON PRIOR TRAINING. ‘‘(3) The rules prescribed under paragraph (1) ‘‘(a) TUITION AND REENROLLMENT.—In the Section 3676(c)(4) is amended by striking ‘‘and shall take into consideration best practices in case of a servicemember who because of military the Secretary’’. Federal and State courts to protect private information or otherwise maintain necessary in- service discontinues a program of education at a SEC. 314. MODIFICATION OF WAITING PERIOD BE- covered institution of higher education that ad- FORE AFFIRMATION OF ENROLL- formation security.’’. ministers a Federal financial aid program, such MENT IN A CORRESPONDENCE SEC. 403. RECALL OF RETIRED JUDGES OF THE institution of higher education shall— COURSE. UNITED STATES COURT OF APPEALS ‘‘(1) refund to such servicemember the tuition Section 3686(b) is amended by striking ‘‘ten’’ FOR VETERANS CLAIMS. and fees paid by such servicemember from per- and inserting ‘‘five’’. (a) REPEAL OF LIMIT ON SERVICE OF RE- CALLED RETIRED JUDGES WHO VOLUNTARILY sonal funds, or from a loan, for the portion of SEC. 315. CHANGE OF PROGRAMS OF EDUCATION SERVE MORE THAN 90 DAYS.—Section 7257(b)(2) the program of education for which such serv- AT THE SAME EDUCATIONAL INSTI- is amended by striking ‘‘or for more than a total icemember did not receive academic credit be- TUTION. of 180 days (or the equivalent) during any cal- cause of such military service; and Section 3691(d) is amended— ‘‘(2) provide such servicemember an oppor- (1) by redesignating paragraphs (1), (2), (3), endar year’’. (b) NEW JUDGES RECALLED AFTER RETIREMENT tunity to reenroll in such program of education and (4) as subparagraphs (A), (B), (C), and (D), RECEIVE PAY OF CURRENT JUDGES ONLY DURING with the same educational and academic status respectively; PERIOD OF RECALL.— such servicemember had when such servicemem- (2) by inserting ‘‘(1)’’ after ‘‘(d)’’; (1) IN GENERAL.—Section 7296(c) is amended ber discontinued such program of education be- (3) in subparagraph (C) of paragraph (1), as by striking paragraph (1) and inserting the fol- cause of such military service. redesignated by paragraphs (1) and (2) of this lowing new paragraph: ‘‘(b) INTEREST RATE LIMITATION ON STUDENT section, by striking ‘‘or’’ at the end; ‘‘(1)(A) A judge who is appointed on or after LOANS.— (4) in subparagraph (D) of paragraph (1), as the date of the enactment of the Veterans’ Bene- ‘‘(1) IN GENERAL.—Except as provided in para- so redesignated, by striking the period at the fits Improvement Act of 2008 and who retires graph (2) of this subsection, a student loan shall end and inserting ‘‘; or’’; and under subsection (b) and elects under subsection be considered an obligation or liability for the (5) by adding at the end the following: (d) to receive retired pay under this subsection purposes of section 207. ‘‘(E) the change from the program to another shall (except as provided in paragraph (2)) re- ‘‘(2) EXCEPTION.—Subsection (c) of section 207 program is at the same educational institution ceive retired pay as follows: shall not apply to a student loan. and such educational institution determines ‘‘(i) In the case of a judge who is a recall-eli- ‘‘(c) DEFINITIONS.—In this section: that the new program is suitable to the apti- gible retired judge under section 7257 of this ‘‘(1) The term ‘covered institution of higher tudes, interests, and abilities of the veteran or title, the retired pay of the judge shall (subject education’ means a 2-year or 4-year institution eligible person and certifies to the Secretary the to section 7257(d)(2) of this title) be the rate of of higher education as defined in section 102 of enrollment of the veteran or eligible person in pay applicable to that judge at the time of re- the Higher Education Act of 1965 (20 U.S.C. the new program. tirement, as adjusted from time to time under 1002) that participates in a loan program under ‘‘(2) A veteran or eligible person undergoing a subsection (f)(3). title IV of that Act (20 U.S.C. 1070 et seq.). change from one program of education to an- ‘‘(ii) In the case of a judge other than a re- ‘‘(2) The term ‘Federal financial aid program’ other program of education as described in call-eligible retired judge, the retired pay of the means a program providing loans made, insured, paragraph (1)(E) shall not be required to apply judge shall be the rate of pay applicable to that or guaranteed under part B, D, or E of title IV to the Secretary for approval of such change.’’. judge at the time of retirement. of the Higher Education Act of 1965 (20 U.S.C. SEC. 316. REPEAL OF CERTIFICATION REQUIRE- ‘‘(B) A judge who retired before the date of 1077 et seq., 1087a et seq., 1087aa et seq.). MENT WITH RESPECT TO APPLICA- the enactment of the Veterans’ Benefits Im- ‘‘(3) The term ‘student loan’ means any loan, TIONS FOR APPROVAL OF SELF-EM- provement Act of 2008 and elected under sub- whether Federal, State, or private, to assist an PLOYMENT ON-JOB TRAINING. section (d) to receive retired pay under this sub- individual to attend an institution of higher Section 3677(b) is amended by adding at the section, or a judge who retires under subsection education, including a loan made, insured, or end the following new paragraph: (b) and elects under subsection (d) to receive re- guaranteed under part B, D, or E of title IV of ‘‘(3) The requirement for certification under tired pay under this subsection, shall (except as the Higher Education Act of 1965 (20 U.S.C. 1077 paragraph (1) shall not apply to training de- provided in paragraph (2)) receive retired pay as et seq., 1087a et seq., 1087aa et seq.).’’. scribed in section 3452(e)(2) of this title.’’. follows: (b) CLERICAL AMENDMENT.—The table of con- Subtitle C—Other Matters ‘‘(i) In the case of a judge who is a recall-eli- tents in section (1)(b) of such Act is amended by gible retired judge under section 7257 of this title adding at the end the following new item: SEC. 321. DESIGNATION OF THE OFFICE OF or who was a recall-eligible retired judge under SMALL BUSINESS PROGRAMS OF THE that section and was removed from recall status ‘‘Sec. 707. Tuition, reenrollment, and student DEPARTMENT OF VETERANS AF- loan relief for postsecondary stu- FAIRS. under subsection (b)(4) of that section by reason dents called to military service.’’. (a) DESIGNATION.—The Office of Small Busi- of disability, the retired pay of the judge shall (c) EFFECTIVE DATE.—The amendments made ness Programs of the Department of Veterans be the pay of a judge of the court. ‘‘(ii) In the case of a judge who at the time of by this section shall take effect for periods of Affairs is the office that is established within retirement did not provide notice under section military service beginning after the date of the the Office of the Secretary of Veterans Affairs 7257 of this title of availability for service in a enactment of this section. under section 15(k) of the Small Business Act (15 recalled status, the retired pay of the judge SEC. 312. MODIFICATION OF PERIOD OF ELIGI- U.S.C. 644(k)). shall be the rate of pay applicable to that judge BILITY FOR SURVIVORS’ AND DE- (b) HEAD.—The Director of Small Business at the time of retirement. PENDENTS’ EDUCATIONAL ASSIST- Programs is the head of the Office of Small ‘‘(iii) In the case of a judge who was a recall- ANCE OF CERTAIN SPOUSES OF INDI- Business Programs of the Department of Vet- eligible retired judge under section 7257 of this VIDUALS WITH SERVICE-CONNECTED erans Affairs. DISABILITIES TOTAL AND PERMA- title and was removed from recall status under NENT IN NATURE. TITLE IV—COURT MATTERS subsection (b)(3) of that section, the retired pay Section 3512(b)(1) is amended— SEC. 401. INCREASE IN NUMBER OF ACTIVE of the judge shall be the pay of the judge at the (1) in subparagraph (A), by striking ‘‘sub- JUDGES ON THE UNITED STATES time of the removal from recall status.’’. paragraph (B) or (C)’’ and inserting ‘‘subpara- COURT OF APPEALS FOR VETERANS (2) COST-OF-LIVING ADJUSTMENT FOR RETIRED graph (B), (C), or (D)’’; and CLAIMS. PAY OF NEW JUDGES WHO ARE RECALL-ELIGI- (2) by adding at the end the following new Section 7253(a) is amended by striking ‘‘seven BLE.—Section 7296(f)(3)(A) is amended by strik- subparagraph: judges’’ and inserting ‘‘nine judges’’. ing ‘‘paragraph (2) of subsection (c)’’ and in- ‘‘(D) Notwithstanding subparagraph (A), an SEC. 402. PROTECTION OF PRIVACY AND SECU- serting ‘‘paragraph (1)(A)(i) or (2) of subsection eligible person referred to in that subparagraph RITY CONCERNS IN COURT (c)’’. who is made eligible under section RECORDS. (3) PAY DURING PERIOD OF RECALL.—Sub- 3501(a)(1)(D)(i) of this title by reason of a serv- Section 7268 is amended by adding at the end section (d) of section 7257 is amended to read as ice-connected disability that was determined to the following new subsection: follows:

VerDate Mar 15 2010 15:17 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00069 Fmt 0686 Sfmt 6333 E:\BR08\S16SE8.002 S16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 19167 ‘‘(d)(1) The pay of a recall-eligible retired ‘‘(13) The number of cases pending with the 1965(10)(B)’’ in the matter preceding clause (i) judge to whom section 7296(c)(1)(B) of this title Court more than 18 months as of the end of such and inserting ‘‘subparagraph (B) or (C) of sec- applies is the pay specified in that section. fiscal year. tion 1965(10)’’. ‘‘(2) A judge who is recalled under this section ‘‘(14) A summary of any service performed for SEC. 503. OTHER ENHANCEMENTS OF who retired under chapter 83 or 84 of title 5 or the Court by a recalled retired judge of the SERVICEMEMBERS’ GROUP LIFE IN- to whom section 7296(c)(1)(A) of this title applies Court. SURANCE COVERAGE. shall be paid, during the period for which the ‘‘(c) APPROPRIATE COMMITTEES OF CONGRESS (a) EXPANSION OF SERVICEMEMBERS’ GROUP judge serves in recall status, pay at the rate of DEFINED.—In this section, the term ‘appropriate LIFE INSURANCE TO INCLUDE CERTAIN MEMBERS pay in effect under section 7253(e) of this title committees of Congress’ means— OF INDIVIDUAL READY RESERVE.— for a judge performing active service, less the ‘‘(1) the Committee on Veterans’ Affairs of the (1) IN GENERAL.—Section 1967(a)(1)(C) is amount of the judge’s annuity under the appli- Senate; and amended by striking ‘‘section 1965(5)(B) of this cable provisions of chapter 83 or 84 of title 5 or ‘‘(2) the Committee on Veterans’ Affairs of the title’’ and inserting ‘‘subparagraph (B) or (C) of the judge’s annuity under section 7296(c)(1)(A) House of Representatives.’’. section 1965(5) of this title’’. of this title, whichever is applicable.’’. (b) CLERICAL AMENDMENT.—The table of sec- (2) CONFORMING AMENDMENTS.— (4) NOTICE.—The last sentence of section tions at the beginning of chapter 72 is amended (A) Section 1967(a)(5)(C) is amended by strik- 7257(a)(1) is amended to read as follows: ‘‘Such by inserting after the item related to section 7287 ing ‘‘section 1965(5)(B) of this title’’ and insert- a notice provided by a retired judge to whom the following new item: ing ‘‘subparagraph (B) or (C) of section 1965(5) section 7296(c)(1)(B) of this title applies is irrev- ‘‘7288. Annual report.’’. of this title’’; and ocable.’’. TITLE V—INSURANCE MATTERS (B) Section 1969(g)(1)(B) is amended by strik- (c) LIMITATION ON INVOLUNTARY RECALLS.— ing ‘‘section 1965(5)(B) of this title’’ and insert- Section 7257(b)(3) is amended by adding at the SEC. 501. REPORT ON INCLUSION OF SEVERE AND ACUTE POST TRAUMATIC STRESS ing ‘‘subparagraph (B) or (C) of section 1965(5) end the following new sentence: ‘‘This para- DISORDER AMONG CONDITIONS of this title’’. graph shall not apply to a judge to whom sec- COVERED BY TRAUMATIC INJURY (b) REDUCTION IN PERIOD OF DEPENDENTS’ tion 7296(c)(1)(A) or 7296(c)(1)(B) of this title ap- PROTECTION COVERAGE UNDER COVERAGE AFTER MEMBER SEPARATES.—Section plies and who has, in the aggregate, served at SERVICEMEMBERS’ GROUP LIFE IN- 1968(a)(5)(B)(ii) is amended by striking ‘‘120 least five years of recalled service on the Court SURANCE. days after’’. under this section.’’. (a) REPORT REQUIRED.—Not later than 180 (c) AUTHORITY TO SET PREMIUMS FOR READY SEC. 404. ANNUAL REPORTS ON WORKLOAD OF days after the date of the enactment of this Act, RESERVISTS’ SPOUSES.—Section 1969(g)(1)(B) is THE UNITED STATES COURT OF AP- the Secretary of Veterans Affairs shall, in con- amended by striking ‘‘(which shall be the same PEALS FOR VETERANS CLAIMS. sultation with the Secretary of Defense, submit for all such members)’’. (a) IN GENERAL.—Subchapter III of chapter 72 to the appropriate committees of Congress a re- (d) FORFEITURE OF VETERANS’ GROUP LIFE IN- is amended by adding at the end the following port setting forth the assessment of the Sec- SURANCE.—Section 1973 is amended by striking new section: retary of Veterans Affairs as to the feasability ‘‘under this subchapter’’ and inserting ‘‘and ‘‘§ 7288. Annual report and advisability of including severe and acute Veterans’ Group Life Insurance under this sub- Post Traumatic Stress Disorder (PTSD) among ‘‘(a) IN GENERAL.—The chief judge of the chapter’’. Court shall submit to the appropriate committees the conditions covered by traumatic injury pro- (e) EFFECTIVE AND APPLICABILITY DATES.— of Congress each year a report summarizing the tection coverage under Servicemembers’ Group (1) The amendments made by subsection (a) workload of the Court for the fiscal year ending Life Insurance under section 1980A of title 38, shall take effect on the date of the enactment of during the preceding year. United States Code. this Act. (b) CONSIDERATIONS.—In preparing the assess- ‘‘(b) ELEMENTS.—Each report under sub- (2) The amendment made by subsection (b) section (a) shall include, with respect to the fis- ment required by subsection (a), the Secretary of shall apply with respect to Servicemembers’ cal year covered by such report, the following Veterans Affairs shall consider the following: Group Life Insurance coverage for an insurable (1) The advisability of providing traumatic in- information: dependent of a member, as defined in section ‘‘(1) The number of appeals filed with the jury protection coverage under Servicemembers’ 1965(10) of title 38, United States Code (as Court. Group Life Insurance under section 1980A of amended by section 502 of this Act), that begins ‘‘(2) The number of petitions filed with the title 38, United States Code, for Post Traumatic on or after the date of the enactment of this Act. Court. Stress Disorder incurred by a member of the (3) The amendment made by subsection (c) ‘‘(3) The number of applications filed with the Armed Forces as a direct result of military serv- shall take effect as if enacted on June 5, 2001, Court under section 2412 of title 28. ice in a combat zone that renders the member immediately after the enactment of the Vet- ‘‘(4) The total number of dispositions by each unable to carry out the daily activities of living erans’ Survivor Benefits Improvements Act of of the following: after the member is discharged or released from 2001 (Public Law 107–14; 115 Stat. 25). ‘‘(A) The Court as a whole. military service. (4) The amendment made by subsection (d) (2) The unique circumstances of military serv- ‘‘(B) The Clerk of the Court. shall apply with respect to any act of mutiny, ice, and the unique experiences of members of ‘‘(C) A single judge of the Court. treason, spying, or desertion committed on or the Armed Forces who are deployed to a combat ‘‘(D) A multi-judge panel of the Court. after the date of the enactment of this Act for zone. ‘‘(E) The full Court. which a person is found guilty, or with respect ‘‘(5) The number of each type of disposition by (3) Any financial strain incurred by family to refusal because of conscientious objections to the Court, including settlement, affirmation, re- members of members of the Armed Forces who perform service in, or to wear the uniform of, mand, vacation, dismissal, reversal, grant, and suffer severe and acute from Post Traumatic the Armed Forces on or after the date of the en- denial. Stress Disorder. actment of this Act. ‘‘(6) The median time from filing an appeal to (4) The recovery time, and any particular dif- disposition by each of the following: ficulty of the recovery process, for recovery from TITLE VI—OTHER MATTERS ‘‘(A) The Court as a whole. severe and acute Post Traumatic Stress Dis- SEC. 601. AUTHORITY FOR SUSPENSION OR TER- ‘‘(B) The Clerk of the Court. order. MINATION OF CLAIMS OF THE ‘‘(C) A single judge of the Court. (5) Such other matters as the Secretary con- UNITED STATES AGAINST INDIVID- ‘‘(D) Multiple judges of the Court (including a siders appropriate. UALS WHO DIED WHILE SERVING ON multi-judge panel of the Court or the full (c) APPROPRIATE COMMITTEES OF CONGRESS ACTIVE DUTY IN THE ARMED FORCES. Court). DEFINED.—In this section, the term ‘‘appro- ‘‘(7) The median time from filing a petition to priate committees of Congress’’ means— (a) AUTHORITY.—Section 3711(f) of title 31, disposition by the Court. (1) the Committee on Armed Services and the United States Code, is amended— ‘‘(8) The median time from filing an applica- Committee on Veterans’ Affairs of the Senate; (1) by redesignating paragraph (3) as para- tion under section 2412 of title 28 to disposition and graph (4); and by the Court. (2) the Committee on Armed Services and the (2) by inserting after paragraph (2) the fol- ‘‘(9) The median time from the completion of Committee on Veterans’ Affairs of the House of lowing new paragraph (3): briefing requirements by the parties to disposi- Representatives. ‘‘(3) The Secretary of Veterans Affairs may suspend or terminate an action by the Secretary tion by the Court. SEC. 502. TREATMENT OF STILLBORN CHILDREN ‘‘(10) The number of oral arguments before the AS INSURABLE DEPENDENTS UNDER under subsection (a) to collect a claim against Court. SERVICEMEMBERS’ GROUP LIFE IN- the estate of a person who died while serving on ‘‘(11) The number of cases appealed to the SURANCE. active duty as a member of the Army, Navy, Air United States Court of Appeals for the Federal (a) TREATMENT.—Section 1965(10) is amended Force, Marine Corps, or Coast Guard during a Circuit. by adding at the end the following new sub- period when the Coast Guard is operating as a ‘‘(12) The number and status of appeals and paragraph: service in the Navy if the Secretary determines petitions pending with the Court and of applica- ‘‘(C) The member’s stillborn child.’’. that, under the circumstances applicable with tions described in paragraph (3) as of the end of (b) CONFORMING AMENDMENT.—Section respect to the deceased person, it is appropriate such fiscal year. 101(4)(A) is amended by striking ‘‘section to do so.’’.

VerDate Mar 15 2010 15:17 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00070 Fmt 0686 Sfmt 6333 E:\BR08\S16SE8.002 S16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19168 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 September 16, 2008 (b) EQUITABLE REFUND OF AMOUNTS COL- review bodies have all recommended. law provided a temporary increase in LECTED.—The Secretary of Veterans Affairs may The notices should focus on the specific the maximum guaranty amount for VA refund to the estate of such person any amount type of claim presented. They should loans originated from July 30, 2008 collected by the Secretary (whether before, on, use plain and ordinary language rather through December 31, 2008 to the same or after the date of the enactment of this Act) from a person who died while serving on active than bureaucratic jargon. Veterans level as provided in the Stimulus Act. duty as a member of the Armed Forces if the should not be subjected to confusing S. 3023, as amended, would extend the Secretary determines that, under the cir- information as they seek benefits. temporary increase in the maximum cumstances applicable with respect to the de- To further improve the VA com- guaranty amount until December 31, ceased person, it is appropriate to do so. pensation system, this legislation 2011. This would enable more veterans SEC. 602. MEMORIAL HEADSTONES AND MARKERS would end the prohibition on judicial to utilize their VA benefit to purchase FOR DECEASED REMARRIED SUR- review in the United States Court of more costly homes. VIVING SPOUSES OF VETERANS. Appeals for the Federal Circuit of mat- The committee bill would also in- (a) IN GENERAL.—Section 2306(b)(4)(B) is amended by striking ‘‘an unremarried surviving ters concerning the VA rating sched- crease the maximum guaranty limit spouse whose subsequent remarriage was termi- ule. VA issues regulations which are for refinance loans and increase the nated by death or divorce’’ and inserting ‘‘a used to assign ratings to veterans for percentage of an existing loan that VA surviving spouse who had a subsequent remar- particular disabilities. Under current will refinance under the VA home loan riage’’. law, actions concerning the rating program. (b) EFFECTIVE DATE.—The amendment made schedule are not subject to judicial re- Under current law, the maximum VA by this section shall apply to deaths occurring view unless a constitutional challenge home loan guaranty limit for most on or after the date of the enactment of this Act. is presented. This legislation would loans in excess of $144,000 is equal to 25 SEC. 603. THREE-YEAR EXTENSION OF AUTHOR- ITY TO CARRY OUT INCOME amend the law to treat actions con- percent of the Freddie Mac conforming VERIFICATION. cerning the rating schedule in the same loan limit for a single family home. Section 5317(g) is amended by striking ‘‘Sep- manner as all other actions concerning Public Law 110–289 set this value at ap- tember 30, 2008’’ and inserting ‘‘September 30, VA regulations. proximately $182,437 through the end of 2011’’. I expect VA to comply with all laws 2008. This means lenders offering loans SEC. 604. THREE-YEAR EXTENSION OF TEM- passed by Congress in developing and of up to $729,750 will receive up to a 25 PORARY AUTHORITY FOR THE PER- revising the Rating Schedule. However, percent guaranty, which is typically FORMANCE OF MEDICAL DISABILITY EXAMINATIONS BY CONTRACT PHY- justice to our Nation’s veterans re- required to place the loan on the sec- SICIANS. quires that actions concerning the rat- ondary market. Under current law, this Section 704(c) of the Veterans Benefits Act of ing schedule be subject to the same ju- does not include regular refinance 2003 (Public Law 108–183; 117 Stat. 2651; 38 dicial scrutiny as is available for the loans. U.S.C. 5101 note) is amended by striking ‘‘De- review of actions involving other regu- Current law limits to $36,000 the cember 31, 2009’’ and inserting ‘‘December 31, lations. guaranty that can be used for a regular 2012’’. Amend the title so as to read: ‘‘A Bill to VA’s home loan guaranty program refinance loan. This restriction means amend title 38, United States Code, to im- may exempt homeowners from having VA will not guarantee a regular refi- prove and enhance compensation and pen- to make a down payment or secure pri- nance loan over $144,000, essentially sion, housing, labor and education, and in- vate mortgage insurance, depending on precluding a veteran from using the VA surance benefits for veterans, and for other the size of the loan and the amount of program to refinance his or her exist- purposes.’’. the VA guaranty. In general, eligibility ing FHA or conventional loan in excess Mr. AKAKA. Mr. President, I am is extended to veterans who served on of that amount. pleased that the Senate is acting on S. active duty for a minimum of 90 days VA is also currently precluded from 3023, the proposed Veterans’ Benefits during wartime, or 181 continuous days refinancing a loan if the homeowner Improvement Act of 2008, as reported during peacetime, and have a discharge does not have at least 10 percent equity by the Committee on Veterans’ Affairs. other than dishonorable. Members of in his or her home. This omnibus veterans’ benefits bill the Guard and Reserve who have never The committee bill would decrease will provide much needed support to been called to active duty must serve a the equity requirement from 10 percent our Nation’s veterans. It contains six total of six years in order to be eligible to 5 percent for refinancing from an titles and 34 provisions that are de- for the benefit. Certain surviving FHA loan or conventional loan to a signed to enhance compensation, hous- spouses are also eligible for the hous- VA-guaranteed loan. This would allow ing, labor and education, and insurance ing guaranty. more veterans to use their VA benefit benefits for veterans. A full expla- Public Law 108–454 increased VA’s to refinance their mortgages. Many nation of the bill is available in the maximum guaranty amount to 25 per- veterans do not have 10 percent equity committee’s report accompanying this cent of the Freddie Mac conforming and thus are precluded from refi- legislation, Senate Report 110–449. loan limit determined under section nancing with a VA-guaranteed home I believe that it is important that we 305(a)(2) of the Federal Home Loan loan. view veterans’ compensation, and in- Mortgage Corporation Act for a single Given the anticipated number of non- deed all benefits earned by veterans, as family residence, as adjusted for the VA-guaranteed adjustable rate mort- a continuing cost of war. This legisla- year involved. gages that are approaching the reset tion reflects that perspective. The Economic Stimulus Act of 2008, time when payments are likely to in- I will highlight a few of the provi- Public Law 110–185, temporarily reset crease, the committee believes that it sions that I have sponsored in the leg- the maximum limits on home loans is prudent to facilitate veterans refi- islation that is before us today. that the Federal Housing Administra- nancing to VA-guaranteed loans. In This legislation would result in im- tion may insure and that Fannie Mae light of today’s housing and home loan proved notices being sent to veterans and Freddie Mac may purchase on the crises, additional refinancing options concerning their claims for VA bene- secondary market to 125 percent of will help some veterans bridge finan- fits. Following a number of decisions metropolitan-area median home prices, cial gaps and allow them to stay in by the U.S. Court of Appeals for Vet- but did so without reference to the VA their homes and escape possible fore- erans Claims and the U.S. Court of Ap- home loan program. This had the effect closures. These provisions would allow peals for the Federal Circuit, VA’s no- of raising the Fannie Mae, Freddie more qualified veterans to refinance tification letters to veterans about the Mac, and FHA limits to nearly $730,000, their home loans under the VA pro- status of their claims have become in- in the highest cost areas, while leaving gram. creasingly long, complex, and difficult the then-VA limit of $417,000 in place. The omnibus benefits bill would also to understand. These notification let- On July 30, 2008, the Housing and Eco- make crucial updates to the Uniformed ters must be simplified, as veterans, nomic Recovery Act of 2008 was signed Services Employment and Reemploy- VA, veterans’ advocates, and outside into law as Public Law 110–289. That ment Rights Act, which protects

VerDate Mar 15 2010 15:17 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00071 Fmt 0686 Sfmt 0634 E:\BR08\S16SE8.002 S16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 19169 servicemembers’ rights to return to a North Carolinian who has become one alone, we have over 1,000 members of their prior jobs with the same wages of the foremost advocates of the needs the Guard and Reserves currently de- and benefits. The provisions in the of severely injured servicemen and ployed, and more than 45,000 members committee bill are derived from S. 2471, women and their families. Sarah Wade, of the Guard and Reserves have de- the proposed ‘‘USERRA Enforcement spouse of Ted Wade, an Iraq war vet- ployed since the beginning of the War Improvement Act of 2007,’’ which Sen- eran who lost his right arm and has on Terror. Many left behind not only ator KENNEDY and I introduced on De- battled the effects of severe traumatic family and friends, but valued civilian cember 13, 2007. This legislation would brain injury after an explosive deto- careers. ensure that federal agencies assist nated under his Humvee in 2004, has For them, the modern reemployment servicemembers in a more effective been at her husband’s side as a primary law, the Uniformed Services Employ- manner, by requiring the Department caregiver from the beginning. She quit ment and Reemployment Rights Act, of Labor to investigate and refer cases her job to take care of Ted and has dog- requires that they be given their jobs in a more timely manner, and by re- gedly ensured that he receives the back when they return home. It also quiring reports from the Department of highest quality of care. It is likely that requires that they receive all the bene- Labor on their compliance with the her intensive involvement in Ted’s on- fits and seniority that would have ac- deadlines. going recovery will last for several cumulated during their absence. Finally, the omnibus benefits bill in- more years. While every employer should strive cludes a provision derived from S. 3000, Sarah’s effort on behalf of her hus- to meet or exceed the requirements of the proposed ‘‘Native American Vet- band leaves little time for herself. USERRA, Congress has stressed that erans Access Act of 2008,’’ which I in- Sarah would one day like to go to ‘‘the Federal Government should be a troduced on May 8, 2008. This provision school. Although VA provides an edu- model employer’’ when it comes to is intended to improve VA’s ability to cational assistance benefit for the complying with this law. In my view, understand and respond to the needs of spouses of totally disabled veterans this means the Federal Government Native American veterans. While Na- and servicemembers, the law requires should make sure that not a single re- tive Americans are more likely to that the benefit be used within 10 years turning servicemember is denied prop- serve in uniform than the general pop- of the date the veteran receives a total er reinstatement to a Federal job. But ulation, many of them find cultural disability rating. For a spouse like unfortunately, this is not happening and geographical barriers between Sarah Wade, there is next to no time to yet. themselves and the benefits they take advantage of this benefit within At a hearing last year, the Com- earned through service. In addition, that timeframe. The recovery period mittee on Veterans’ Affairs learned those returning to traditional home- for a TBI-afflicted veteran—the very that the Federal executive branch con- lands, especially reservation commu- period that Ted needs Sarah the most— tinues to violate this law. Worse, these nities, frequently come home to dismal simply precludes her from pursuing violations are often the result of lack job opportunities and starved econo- that option. of understanding or knowledge about mies. The proposed bill would require a In recognition of hundreds of spouses what the law requires. In fact, the As- study to help us understand the em- like Sarah, the Veterans’ Benefits Im- sistant Secretary for Veterans’ Em- ployment needs of Native American provement Act of 2008 would extend ployment and Training of the U.S. De- veterans and how best to address them. from 10 to 20 years the period within partment of Labor testified at our I thank the committee’s ranking which certain spouses of severely dis- hearing that ‘‘about half’ of Federal member, Senator BURR, for the agree- abled veterans could use their edu- USERRA cases occur because ‘‘the Fed- ments we have been able to reach. I cation benefits. That longer window eral hiring manager just doesn’t under- truly appreciate his cooperation and will allow Sarah and others to focus on stand the law or the . . . regulations that of the other members of the com- their first priority, the care of their in- that spell out how to implement the mittee that have aided our work. I look jured spouses, while giving them some law.’’ forward to working with all those on flexibility to pursue their educational Based on that, it seems clear that we the committee and our colleagues in goals later on. This provision is simply need to do more to prevent these the House in order to bring this legisla- the right thing to do. USERRA violations from occurring in tion to final action before the end of Another provision that I would like the first place. We owe nothing less to this month. to discuss is one that would require those who have served and sacrificed so I urge colleagues to support this im- human resource specialists in the Fed- much for our nation. That is why I portant legislation that would benefit eral executive branch to receive train- have championed this provision to re- many of this Nation’s nearly 24 million ing on the Uniformed Services Employ- quire the head of each Federal execu- veterans and their families. ment and Reemployment Rights Act or tive agency to provide training for Mr. BURR. Mr. President, as ranking USERRA. This law provides a wide their human resources personnel on the member of the Senate Committee on range of employment protections to rights, benefits, and obligations under Veterans’ Affairs, I rise today to ex- veterans, future and current members USERRA. I am very pleased that this press my support for S. 3023, the Vet- of the Armed Forces, and Guard and provision was included in the omnibus erans’ Benefits Improvement Act of Reserve members. bill and hope it will soon become law. 2008. This veterans’ benefits omnibus More than 60 years ago Congress rec- The Veterans’ Benefits Improvement bill will make a wide assortment of im- ognized that those who serve our coun- Act of 2008 also includes a provision provements to benefits programs for try in a time of need should be entitled that would require VA to provide Con- veterans. to resume their civilian jobs when they gress with a plan for updating its dis- I commend Chairman AKAKA for his return home. After Congress passed the ability rating schedule and a timeline efforts in crafting this committee bill first law providing reemployment for when changes will be made. This which reflects the bipartisan work of rights to servicemen and women in rating schedule—which is the corner- almost every member of our committee 1940, President Roosevelt said these stone of the entire VA claims proc- and over 30 other Senators. The result rights were part of ‘‘the special bene- essing system—was developed in the of our work is a bill with 35 provisions fits which are due to the members of early 1900s and about 35 percent of it touching on education, vocational re- our armed forces—for they ‘have been has not been updated since 1945. It is habilitation, employment, housing, compelled to make greater economic riddled with outdated criteria that do compensation, insurance, memorial af- sacrifice and every other kind of sac- not track with modern medicine. Take fairs, and other issues. rifice than the rest of us.’ ’’ for example traumatic arthritis. The Among many other valuable provi- As we all know, the sacrifices by this rating schedule requires a veteran to sions, this bill includes an education generation of servicemen and women show proof of this condition through x- benefit that draws its inspiration from are just as profound. In North Carolina ray evidence. But doctors today would

VerDate Mar 15 2010 15:17 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00072 Fmt 0686 Sfmt 0634 E:\BR08\S16SE8.002 S16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19170 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 September 16, 2008 generally diagnose the condition using ‘‘(2) Effective as of January 1, 2013, an ap- Sec. 203. Four-year extension of demonstra- more modern technology, like an MRI. pointment may not be made to the Court if tion projects on adjustable rate Even worse, experts have been telling the appointment would result in there being mortgages. us the rating schedule is not adequate more judges of the Court than the authorized Sec. 204. Eligibility for specially adapted number of judges of the Court specified in housing benefits and assistance for rating conditions like post-trau- subsection (a).’’. for members of the Armed matic stress disorder and traumatic On page 47, between lines 20 and 21, insert Forces with a service-connected brain injury, which are afflicting so the following: disability. many of our veterans from the War on ‘‘(15) An assessment of the workload of Sec. 205. Report on impact of mortgage fore- Terror. Also, experts have told us that each judge of the Court, including consider- closures on veterans. the schedule does not adequately com- ation of the following: TITLE III—LABOR AND EDUCATION pensate young, severely disabled vet- ‘‘(A) The time required of each judge for MATTERS erans; veterans with mental disabil- disposition of each type of case. Subtitle A—Labor and Employment Matters ‘‘(B) The number of cases reviewed by the ities; and veterans who are unemploy- Court. Sec. 301. Waiver of 24-month limitation on able. ‘‘(C) The average workload of other Fed- program of independent living To address this situation, VA has eral judges’’. services and assistance for veterans with a severe disability been conducting studies on the appro- The committee amendment in the priate level of disability compensation incurred in the Post-9/11 Global nature of a substitute, as amended, was Operations period. to account for any loss of earning ca- agreed to. Sec. 302. Reform of USERRA complaint pacity and any loss of qualify of life The bill (S. 3023), as amended, was or- process. caused by service-related disabilities. dered to be engrossed for a third read- Sec. 303. Modification and expansion of re- To make sure these studies don’t get ing, was read the third time, and porting requirements with respect to enforcement of put on a shelf to collect dust—as has passed, as follows: happened in the past—this bill would USERRA. S. 3023 require VA to submit to Congress a re- Sec. 304. Training for executive branch human resources personnel on port outlining the findings and rec- Be it enacted by the Senate and House of Rep- resentatives of the United States of America in employment and reemployment ommendations of those studies, a list Congress assembled, rights of members of the uni- of the actions that VA plans to take in SECTION 1. SHORT TITLE. formed services. Sec. 305. Report on the employment needs of response, and a timeline for when VA (a) SHORT TITLE.—This Act may be cited as plans to take those actions. My hope is the ‘‘Veterans’ Benefits Improvement Act of Native American veterans liv- that this will finally prompt the type 2008’’. ing on tribal lands. Sec. 306. Report on measures to assist and of complete update that the VA rating (b) TABLE OF CONTENTS.—The table of con- schedule has needed for so long. tents for this Act is as follows: encourage veterans in completing vocational rehabilita- These are only a few of the 35 items Sec. 1. Short title. tion. in this bill. I am confident that each of Sec. 2. References to title 38, United States Subtitle B—Education Matters the bill’s provisions will improve the Code. lives of and veterans, even if only in a TITLE I—COMPENSATION AND PENSION Sec. 311. Modification of period of eligibility MATTERS for Survivors’ and Dependents’ small way. My hope is that these provi- Educational Assistance of cer- sions, and others, will be passed by Sec. 101. Regulations on contents of notice tain spouses of individuals with both Houses before Congress leaves for to be provided claimants with service-connected disabilities the year. I ask my colleagues for their the Department of Veterans Af- total and permanent in nature. fairs regarding the substan- support as Chairman AKAKA and I work Sec. 312. Repeal of requirement for report to tiation of claims. to make sure that happens. the Secretary of Veterans Af- Sec. 102. Judicial review of adoption and re- fairs on prior training. Mr. LEVIN. Mr. President, I further vision by the Secretary of Vet- ask unanimous consent that the Akaka Sec. 313. Modification of waiting period be- erans Affairs of the schedule of fore affirmation of enrollment amendment be agreed to; that the com- ratings for disabilities of vet- in a correspondence course. mittee’s substitute amendment, as erans. Sec. 314. Change of programs of education at amended, be agreed to; the bill be read Sec. 103. Automatic annual increase in rates the same educational institu- a third time and passed; the title of disability compensation and tion. amendment be agreed to; the motion to dependency and indemnity Sec. 315. Repeal of certification requirement compensation. with respect to applications for reconsider be laid upon the table, with Sec. 104. Conforming amendment relating to no intervening action or debate, and approval of self-employment non-deductibility from vet- on-job training. any statements relating to the bill be erans’ disability compensation Subtitle C—Other Matters printed in the RECORD. of disability severance pay for The PRESIDING OFFICER. Without disabilities incurred by mem- Sec. 321. Designation of the Office of Small objection, it is so ordered. bers of the Armed Forces in Business Programs of the De- partment of Veterans Affairs. The amendment (No. 5614) was agreed combat zones. to, as follows: Sec. 105. Report on progress of the Secretary TITLE IV—COURT MATTERS of Veterans Affairs in address- (Purpose: To strike section 311, relating to Sec. 401. Temporary increase in number of ing causes for variances in com- relief for students who discontinue edu- authorized judges of the United pensation payments for vet- cation because of military service, and to States Court of Appeals for Vet- erans for service-connected dis- provide a temporary increase in the num- erans Claims. abilities. Sec. 402. Protection of privacy and security ber of authorized judges of the United Sec. 106. Report on studies regarding com- concerns in court records. States Court of Appeals for Veterans pensation of veterans for loss of Sec. 403. Recall of retired judges of the Claims) earning capacity and quality of United States Court of Appeals Strike section 311. life and on long-term transition for Veterans Claims. Strike section 401 and insert the following: payments to veterans under- Sec. 404. Annual reports on workload of the SEC. 401. TEMPORARY INCREASE IN NUMBER OF going rehabilitation for service- United States Court of Appeals AUTHORIZED JUDGES OF THE connected disabilities. for Veterans Claims. UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS. TITLE II—HOUSING MATTERS TITLE V—INSURANCE MATTERS Section 7253 is amended by adding at the Sec. 201. Temporary increase in maximum Sec. 501. Report on inclusion of severe and end the following new subsection: loan guaranty amount for cer- acute Post Traumatic Stress ‘‘(i) ADDITIONAL TEMPORARY EXPANSION OF tain housing loans guaranteed Disorder among conditions cov- COURT.—(1) Subject to paragraph (2), effec- by the Secretary of Veterans ered by traumatic injury pro- tive as of December 31, 2009, the authorized Affairs. tection coverage under number of judges of the Court specified in Sec. 202. Enhancement of refinancing of Servicemembers’ Group Life In- subsection (a) is increased by two. home loans by veterans. surance.

VerDate Mar 15 2010 15:17 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00073 Fmt 0686 Sfmt 0655 E:\BR08\S16SE8.002 S16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 19171

Sec. 502. Treatment of stillborn children as SEC. 103. AUTOMATIC ANNUAL INCREASE IN (b) EFFECTIVE DATE.—The amendments insurable dependents under RATES OF DISABILITY COMPENSA- made by subsection (a) shall take effect on Servicemembers’ Group Life In- TION AND DEPENDENCY AND IN- January 28, 2008 (the date of the enactment surance. DEMNITY COMPENSATION. of the Wounded Warrior Act), as if included (a) INDEXING TO SOCIAL SECURITY IN- Sec. 503. Other enhancements of in that Act, to which they relate. CREASES.—Section 5312 is amended by adding SEC. 105. REPORT ON PROGRESS OF THE SEC- Servicemembers’ Group Life In- at the end the following new subsection: surance coverage. RETARY OF VETERANS AFFAIRS IN ‘‘(d)(1) Whenever there is an increase in ADDRESSING CAUSES FOR TITLE VI—OTHER MATTERS benefit amounts payable under title II of the VARIANCES IN COMPENSATION PAY- Sec. 601. Authority for suspension or termi- Social Security Act (42 U.S.C. 401 et seq.) as MENTS FOR VETERANS FOR SERV- a result of a determination made under sec- ICE-CONNECTED DISABILITIES. nation of claims of the United tion 215(i) of such Act (42 U.S.C. 415(i)), the (a) REPORT REQUIRED.—Not later than one States against individuals who Secretary shall, effective on the date of such year after the date of the enactment of this died while serving on active increase in benefit amounts, increase the Act, the Secretary of Veterans Affairs shall duty in the Armed Forces. dollar amounts in effect for the payment of submit to the Committee on Veterans’ Af- Sec. 602. Memorial headstones and markers disability compensation and dependency and fairs of the Senate and the Committee on for deceased remarried sur- indemnity compensation by the Secretary, Veterans’ Affairs of the House of Representa- viving spouses of veterans. as specified in paragraph (2), as such tives a report describing the progress of the Sec. 603. Three-year extension of authority amounts were in effect immediately prior to Secretary in addressing the causes of unac- to carry out income the date of such increase in benefit amounts ceptable variances in compensation pay- verification. payable under title II of the Social Security ments for veterans for service-connected dis- Sec. 604. Three-year extension of temporary Act, by the same percentage as the percent- abilities. authority for the performance age by which such benefit amounts are in- (b) ELEMENTS.—The report required under of medical disability examina- creased. subsection (a) shall include the following: tions by contract physicians. ‘‘(2) The dollar amounts to be increased (1) A description of the efforts of the Vet- erans Benefits Administration to coordinate SEC. 2. REFERENCES TO TITLE 38, UNITED pursuant to paragraph (1) are the following: STATES CODE. ‘‘(A) COMPENSATION.—Each of the dollar with the Veterans Health Administration to improve the quality of examinations of vet- Except as otherwise expressly provided, amounts in effect under section 1114 of this erans with service-connected disabilities whenever in this Act an amendment or re- title. that are performed by the Veterans Health peal is expressed in terms of an amendment ‘‘(B) ADDITIONAL COMPENSATION FOR DE- Administration and contract clinicians, in- to, or repeal of, a section or other provision, PENDENTS.—Each of the dollar amounts in ef- cluding efforts relating to the use of ap- the reference shall be considered to be made fect under section 1115(1) of this title. proved templates for such examinations and to a section or other provision of title 38, ‘‘(C) CLOTHING ALLOWANCE.—The dollar of reports on such examinations that are United States Code. amount in effect under section 1162 of this title. based on such templates prepared in an eas- TITLE I—COMPENSATION AND PENSION ‘‘(D) NEW DIC RATES.—Each of the dollar ily-readable format. MATTERS amounts in effect under paragraphs (1) and (2) An assessment of the current personnel SEC. 101. REGULATIONS ON CONTENTS OF NO- (2) of section 1311(a) of this title. requirements of the Veterans Benefits Ad- TICE TO BE PROVIDED CLAIMANTS ‘‘(E) OLD DIC RATES.—Each of the dollar ministration, including an assessment of the WITH THE DEPARTMENT OF VET- amounts in effect under section 1311(a)(3) of adequacy of the number of personnel as- ERANS AFFAIRS REGARDING THE this title. signed to each regional office of the Admin- SUBSTANTIATION OF CLAIMS. ‘‘(F) ADDITIONAL DIC FOR SURVIVING istration for each type of claim adjudication (a) IN GENERAL.—Section 5103(a) is amend- SPOUSES WITH MINOR CHILDREN.—The dollar position. ed— amount in effect under section 1311(b) of this (3) A description of the differences, if any, (1) by inserting ‘‘(1)’’ before ‘‘Upon re- title. in current patterns of submittal rate of ceipt’’; and ‘‘(G) ADDITIONAL DIC FOR DISABILITY.—Each claims to the Secretary of Veterans Affairs (2) by adding at the end the following new of the dollar amounts in effect under sec- regarding service-connected disabilities paragraph: tions 1311(c) and 1311(d) of this title. among various populations of veterans, in- ‘‘(2)(A) The Secretary shall prescribe in ‘‘(H) DIC FOR DEPENDENT CHILDREN.—Each cluding veterans living in rural and highly regulations requirements relating to the of the dollar amounts in effect under sec- rural areas, minority veterans, veterans who contents of notice to be provided under this tions 1313(a) and 1314 of this title. served in the National Guard or Reserve, and subsection. ‘‘(3) Whenever there is an increase under veterans who are retired from the Armed ‘‘(B) The regulations required by this para- paragraph (1) in amounts in effect for the Forces, and a description and assessment of graph— payment of disability compensation and de- efforts undertaken to eliminate such dif- ‘‘(i) shall specify different contents for no- pendency and indemnity compensation, the ferences. tice depending on whether the claim con- Secretary shall publish such amounts, as in- SEC. 106. REPORT ON STUDIES REGARDING COM- cerned is an original claim, a claim for re- creased pursuant to such paragraph, in the PENSATION OF VETERANS FOR LOSS opening a prior decision on a claim, or a Federal Register at the same time as the ma- OF EARNING CAPACITY AND QUAL- claim for increase in benefits; terial required by section 215(i)(2)(D) of the ITY OF LIFE AND ON LONG-TERM ‘‘(ii) may provide additional or alternative Social Security Act (42 U.S.C. 415(i)(2)(D)) is TRANSITION PAYMENTS TO VET- ERANS UNDERGOING REHABILITA- contents for notice if appropriate to the ben- published by reason of a determination under TION FOR SERVICE-CONNECTED DIS- efit or services sought under the claim; section 215(i) of such Act (42 U.S.C. 415(i)).’’. ABILITIES. ‘‘(iii) shall specify for each type of claim (b) EFFECTIVE DATE.—Subsection (d) of sec- (a) FINDING.—Congress finds that the Sec- for benefits the general information and evi- tion 5312 of title 38, United States Code, as retary of Veterans Affairs entered into a dence required to substantiate the basic ele- added by subsection (a) of this section, shall contract in February 2008 to conduct two ments of such type of claim; and take effect on December 1, 2009. studies as follows: ‘‘(iv) shall specify the time period limita- SEC. 104. CONFORMING AMENDMENT RELATING (1) A study on the appropriate levels of dis- tions required pursuant to subsection (b).’’. TO NON-DEDUCTIBILITY FROM VET- ability compensation to be paid to veterans ERANS’ DISABILITY COMPENSATION (b) APPLICABILITY.—The regulations re- OF DISABILITY SEVERANCE PAY FOR to compensate for loss of earning capacity quired by paragraph (2) of section 5103(a) of DISABILITIES INCURRED BY MEM- and quality of life as a result of service-re- title 38, United States Code (as amended by BERS OF THE ARMED FORCES IN lated disabilities. subsection (a) of this section), shall apply COMBAT ZONES. (2) A study on the feasability and appro- with respect to notices provided to claimants (a) CONFORMING AMENDMENT.—Section 1646 priate level of long-term transition pay- on or after the effective date of such regula- of the Wounded Warrior Act (title XVI of ments to veterans who are separated from tions. Public Law 110–181; 122 Stat. 472) is amend- the Armed Forces due to disability while SEC. 102. JUDICIAL REVIEW OF ADOPTION AND ed— such veterans are undergoing rehabilitation REVISION BY THE SECRETARY OF (1) by redesignating subsection (c) as sub- for such disability. VETERANS AFFAIRS OF THE SCHED- section (d); and (b) REPORT REQUIRED.— ULE OF RATINGS FOR DISABILITIES (2) by inserting after subsection (b) the fol- (1) IN GENERAL.—The Secretary of Veterans OF VETERANS. lowing new subsection (c): Affairs shall submit to Congress a report on Section 502 is amended by striking ‘‘(other ‘‘(c) CONFORMING AMENDMENT.—Section the studies referred to in subsection (a). than an action relating to the adoption or 1161 of title 38, United States Code, is amend- (2) ELEMENTS.—The report required by this revision of the schedule of ratings for dis- ed by striking ‘as required by section 1212(c) subsection shall include the following: abilities adopted under section 1155 of this of title 10’ and inserting ‘to the extent re- (A) A comprehensive description of the title)’’. quired by section 1212(d) of title 10’.’’. findings and recommendations of the studies.

VerDate Mar 15 2010 15:17 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00074 Fmt 0686 Sfmt 0634 E:\BR08\S16SE8.002 S16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19172 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 September 16, 2008 (B) A description of the actions proposed to tion 2101 of such title if such disability is the ‘‘(c)(1) Not later than five days after the be taken by the Secretary in light of such result of an injury incurred or disease con- Secretary receives a complaint submitted by findings and recommendations, including a tracted in or aggravated in line of duty in a person under subsection (a), the Secretary description of any modification of the sched- the active military, naval, or air service. shall notify such person in writing of his or ule for rating disabilities of veterans under Such assistance shall be provided to the her rights with respect to such complaint section 1155 of title 38, United States Code, same extent, and subject to the same limita- under this section and section 4323 or 4324, as proposed to be undertaken by the Secretary tions, as assistance is provided to veterans the case may be. and of any other modification of policy or under chapter 21 of such title. ‘‘(2) The Secretary shall, upon request, pro- regulations proposed to be undertaken by SEC. 205. REPORT ON IMPACT OF MORTGAGE vide technical assistance to a potential the Secretary. FORECLOSURES ON VETERANS. claimant with respect to a complaint under (C) For each action proposed to be taken as (a) REPORT REQUIRED.—Not later than De- this subsection, and when appropriate, to described in subparagraph (B), a proposed cember 31, 2009, the Secretary of Veterans such claimant’s employer.’’. schedule for the taking of such action, in- Affairs shall submit to the Committee on (b) NOTIFICATION OF RESULTS OF INVESTIGA- cluding a schedule for the commencement Veterans’ Affairs of the Senate and the Com- TION IN WRITING.—Subsection (e) of such sec- and completion of such action. mittee on Veterans’ Affairs of the House of tion is amended by inserting ‘‘in writing’’ (D) A description of any legislative action Representatives a report on the effects of after ‘‘submitted the complaint’’. (c) EXPEDITION OF ATTEMPTS TO INVES- required in order to authorize, facilitate, or mortgage foreclosures on veterans. TIGATE AND RESOLVE COMPLAINTS.—Section enhance the taking of any action proposed to (b) ELEMENTS.—The report required by sub- 4322 is further amended— be taken as described in subparagraph (B). section (a) shall include the following: (1) by redesignating subsection (f) as sub- (3) SUBMITTAL DATE.—The report required (1) A general assessment of the income of section (g); and by this subsection shall be submitted not veterans who have recently separated from (2) by inserting after subsection (e) the fol- later than 210 days after the date of the en- the Armed Forces. lowing new subsection (f): actment of this Act. (2) An assessment of the effects of any lag ‘‘(f) Any action required by subsections (d) TITLE II—HOUSING MATTERS or delay in the adjudication by the Secretary and (e) with respect to a complaint sub- of claims of veterans for disability committed by a person to the Secretary under SEC. 201. TEMPORARY INCREASE IN MAXIMUM pensation on the capacity of veterans to LOAN GUARANTY AMOUNT FOR CER- subsection (a) shall be completed by the Sec- TAIN HOUSING LOANS GUARANTEED maintain adequate or suitable housing. retary not later than 90 days after receipt of BY THE SECRETARY OF VETERANS (3) A description of the extent to which the such complaint.’’. AFFAIRS. provisions of the Servicemembers Civil Re- (d) EXPEDITION OF REFERRALS.— Notwithstanding subparagraph (C) of sec- lief Act (50 U.S.C. App. 501 et seq.) protect (1) EXPEDITION OF REFERRALS TO ATTORNEY tion 3703(a)(1) of title 38, United States Code, veterans from mortgage foreclosure, and an GENERAL.—Section 4323(a)(1) is amended by for purposes of any loan described in sub- assessment of the adequacy of such protec- inserting ‘‘Not later than 60 days after the paragraph (A)(i)(IV) of such section that is tions. Secretary receives such a request with re- originated during the period beginning on (4) A description and assessment of the spect to a complaint, the Secretary shall the date of the enactment of this Act and adequacy of the home loan guaranty pro- refer the complaint to the Attorney Gen- ending on December 31, 2011, the term ‘‘max- grams of the Department of Veterans Af- eral.’’ after ‘‘to the Attorney General.’’. imum guaranty amount’’ shall mean an fairs, including the authorities of such pro- (2) EXPEDITION OF REFERRALS TO SPECIAL amount equal to 25 percent of the higher of— grams and the assistance provided individ- COUNSEL.—Section 4324(a)(1) is amended by (1) the limitation determined under section uals in the utilization of such programs, in striking ‘‘The Secretary shall refer’’ and in- 305(a)(2) of the Federal Home Loan Mortgage preventing foreclosure for veterans recently serting ‘‘Not later than 60 days after the date Corporation Act (12 U.S.C. 1454(a)(2)) for the separated from the Armed Forces, and for the Secretary receives such a request, the calendar year in which the loan is originated members of the Armed Forces, who have Secretary shall refer’’. for a single-family residence; or home loans guaranteed by the Secretary. (e) NOTIFICATION OF REPRESENTATION.— (2) 125 percent of the area median price for TITLE III—LABOR AND EDUCATION (1) NOTIFICATION BY ATTORNEY GENERAL.— a single-family residence, but in no case to MATTERS Section 4323(a) is further amended— exceed 175 percent of the limitation deter- Subtitle A—Labor and Employment Matters (A) by redesignating paragraph (2) as para- mined under such section 305(a)(2) for the graph (3); and SEC. 301. WAIVER OF 24-MONTH LIMITATION ON calendar year in which the loan is originated PROGRAM OF INDEPENDENT LIVING (B) by inserting after paragraph (1) the fol- for a single-family residence. SERVICES AND ASSISTANCE FOR lowing new paragraph (2): SEC. 202. ENHANCEMENT OF REFINANCING OF VETERANS WITH A SEVERE DIS- ‘‘(2) Not later than 60 days after the date HOME LOANS BY VETERANS. ABILITY INCURRED IN THE POST-9/11 the Attorney General receives a referral (a) INCLUSION OF REFINANCING LOANS GLOBAL OPERATIONS PERIOD. under paragraph (1), the Attorney General AMONG LOANS SUBJECT TO GUARANTY MAX- Section 3105(d) is amended— shall— IMUM.—Section 3703(a)(1)(A)(i)(IV) is amend- (1) by striking ‘‘Unless the Secretary’’ and ‘‘(A) make a decision whether to appear on ed by inserting ‘‘(5),’’ after ‘‘(3),’’. all that follows through ‘‘the period of a pro- behalf of, and act as attorney for, the person (b) INCREASE IN MAXIMUM PERCENTAGE OF gram’’ and inserting ‘‘(1) Except as provided on whose behalf the complaint is submitted; LOAN-TO-VALUE OF REFINANCING LOANS SUB- in paragraph (2), the period of a program’’; and JECT TO GUARANTY.—Section 3710(b)(8) is and ‘‘(B) notify such person in writing of such amended by striking ‘‘90 percent’’ and insert- (2) by adding at the end the following new decision.’’. ing ‘‘95 percent’’. paragraph: (2) NOTIFICATION BY SPECIAL COUNSEL.— ‘‘(2)(A) The period of a program of inde- Subparagraph (B) of section 4324(a)(2) is SEC. 203. FOUR-YEAR EXTENSION OF DEM- ONSTRATION PROJECTS ON ADJUST- pendent living services and assistance for a amended to read as follows: ABLE RATE MORTGAGES. veteran under this chapter may exceed twen- ‘‘(B) Not later than 60 days after the date (a) DEMONSTRATION PROJECT ON ADJUST- ty-four months as follows: the Special Counsel receives a referral under paragraph (1), the Special Counsel shall— ABLE RATE MORTGAGES.—Section 3707(a) is ‘‘(i) If the Secretary determines that a amended by striking ‘‘during fiscal years longer period is necessary and likely to re- ‘‘(i) make a decision whether to represent 1993 through 2008’’ and inserting ‘‘during the sult in a substantial increase in the vet- a person before the Merit Systems Protec- period beginning with the beginning of fiscal eran’s level of independence in daily living. tion Board under subparagraph (A); and year 1993 and ending at the end of fiscal year ‘‘(ii) If the veteran served on active duty ‘‘(ii) notify such person in writing of such 2012’’. during the Post-9/11 Global Operations period decision.’’. (f) DEADLINES, STATUTES OF LIMITATIONS, (b) DEMONSTRATION PROJECT ON HYBRID AD- and has a severe disability (as determined by AND RELATED MATTERS.— JUSTABLE RATE MORTGAGES.—Section the Secretary for purposes of this clause) in- (1) IN GENERAL.—Subchapter III of chapter 3707A(a) is amended by striking ‘‘through curred or aggravated in such service. 43 is amended by adding at the end the fol- 2008’’ and inserting ‘‘through 2012’’. ‘‘(B) In this paragraph, the term ‘Post-9/11 Global Operations period’ means the period lowing new section: SEC. 204. ELIGIBILITY FOR SPECIALLY ADAPTED HOUSING BENEFITS AND ASSIST- of the Persian Gulf War beginning on Sep- ‘‘§ 4327. Noncompliance of Federal officials ANCE FOR MEMBERS OF THE ARMED tember 11, 2001, and ending on the date there- with deadlines; inapplicability of statutes FORCES WITH A SERVICE-CON- after prescribed by Presidential proclama- of limitations NECTED DISABILITY. tion or by law.’’. ‘‘(a) EFFECT OF NONCOMPLIANCE OF FED- The Secretary of Veterans Affairs may pro- SEC. 302. REFORM OF USERRA COMPLAINT PROC- ERAL OFFICIALS WITH DEADLINES.—(1) The in- vide assistance under chapter 21 of title 38, ESS. ability of the Secretary, the Attorney Gen- United States Code, to a member of the (a) NOTIFICATION OF RIGHTS WITH RESPECT eral, or the Special Counsel to comply with Armed Forces serving on active duty who is TO COMPLAINTS.—Subsection (c) of section a deadline applicable to such official under suffering from a disability described in sec- 4322 is amended to read as follows: section 4322, 4323, or 4324 of this title—

VerDate Mar 15 2010 15:17 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00075 Fmt 0686 Sfmt 0634 E:\BR08\S16SE8.002 S16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 19173 ‘‘(A) shall not affect the authority of the ‘‘(8) With respect to the cases reported on case files reviewed under this chapter by the Attorney General or the Special Counsel to pursuant to paragraphs (1), (2), (3), (4), and Secretary, the Secretary of Defense, the At- represent and file an action or submit a com- (5) the number of such cases that involve torney General, and the Special Counsel with plaint on behalf of a person under section persons with different occupations or persons due regard for the provisions of section 552a 4323 or 4324 of this title; seeking different occupations, as designated of title 5.’’. ‘‘(B) shall not affect the right of a person— by the Standard Occupational Classification (e) COMPTROLLER GENERAL REPORT.—Not ‘‘(i) to commence an action under section System.’’. later than two years after the date of the en- 4323 of this title; (5) by redesignating paragraph (5) as para- actment of this Act, the Comptroller General ‘‘(ii) to submit a complaint under section graph (7); of the United States shall submit to Con- 4324 of this title; or (6) by inserting after paragraph (4) the fol- gress a report that contains the following: ‘‘(iii) to obtain any type of assistance or lowing new paragraphs (5) and (6): (1) An assessment of the reliability of the relief authorized by this chapter; ‘‘(5) The number of cases reviewed by the data contained in the reports submitted ‘‘(C) shall not deprive a Federal court, the Secretary and the Secretary of Defense under subsection (b) of section 4332 of title Merit Systems Protection Board, or a State through the National Committee for Em- 38, United States Code (as amended by sub- court of jurisdiction over an action or com- ployer Support of the Guard and Reserve of section (c) of this section), as of the date of plaint filed by the Attorney General, the the Department of Defense that involve the such report. Special Counsel, or a person under section same person. (2) An assessment of the timeliness of the 4323 or 4324 of this title; and ‘‘(6) With respect to the cases reported on reports submitted under subsection (b) of ‘‘(D) shall not constitute a defense, includ- pursuant to paragraphs (1), (2), (3), (4), and section 4332 of title 38, United States Code ing a statute of limitations period, that any (5)— (as so amended), as of such date. employer (including a State, a private em- ‘‘(A) the number of such cases that involve (3) The extent to which the Secretary of ployer, or a Federal executive agency) or the a disability-related issue; and Labor is meeting the timeliness require- Office of Personnel Management may raise ‘‘(B) the number of such cases that involve ments of subsections (c)(1) and (f) of section in an action filed by the Attorney General, a person who has a service-connected dis- 4322 of title 38, United States Code (as the Special Counsel, or a person under sec- ability.’’; and amended by section 302 of this Act), and section 4323 or 4324 of this title. (7) in paragraph (7), as redesignated by tion 4323(a)(1) of title 38, United States Code ‘‘(2) If the Secretary, the Attorney Gen- paragraph (5) of this subsection, by striking (as so amended), as of the date of such re- eral, or the Special Counsel is unable to ‘‘or (4)’’ and inserting ‘‘(4), or (5)’’. port. meet a deadline applicable to such official in (c) ADDITIONAL REPORTS.—Such section is (4) The extent to which the Attorney Gen- section 4322(f), 4323(a)(1), 4323(a)(2), 4324(a)(1), further amended by adding at the end the eral is meeting the timeliness requirements or 4324(a)(2)(B) of this title, and the person following new subsection: of section 4323(a)(2) of title 38, United States agrees to an extension of time, the Sec- ‘‘(b) QUARTERLY REPORTS.— Code (as amended by section 302 of this Act), retary, the Attorney General, or the Special ‘‘(1) QUARTERLY REPORT BY SECRETARY.— as of the date of such report. Counsel, as the case may be, shall complete Not later than 30 days after the end of each (5) The extent to which the Special Counsel the required action within the additional pe- fiscal quarter, the Secretary shall submit to is meeting the timeliness requirements of riod of time agreed to by the person. Congress, the Secretary of Defense, the At- section 4324(a)(2)(B) of title 38, United States ‘‘(b) INAPPLICABILITY OF STATUTES OF LIMI- torney General, and the Special Counsel a re- Code (as amended by section 302 of this Act), TATIONS.—If any person seeks to file a com- port setting forth, for the previous full quar- as of the date of such report. plaint or claim with the Secretary, the Merit ter, the following: (f) EFFECTIVE DATE.—The amendments Systems Protection Board, or a Federal or ‘‘(A) The number of cases for which the made by this section shall apply with respect State court under this chapter alleging a Secretary did not meet the requirements of to each report required under section 4332 of violation of this chapter, there shall be no section 4322(f) of this title. title 38, United States Code (as amended by limit on the period for filing the complaint this section), after the date of the enactment or claim.’’. ‘‘(B) The number of cases for which the Secretary received a request for a referral of this Act. (2) CLERICAL AMENDMENT.—The table of SEC. 304. TRAINING FOR EXECUTIVE BRANCH sections at the beginning of chapter 43 is under paragraph (1) of section 4323(a) of this title but did not make such referral within HUMAN RESOURCES PERSONNEL ON amended by inserting after the item relating EMPLOYMENT AND REEMPLOYMENT the time period required by such paragraph. to section 4326 the following new item: RIGHTS OF MEMBERS OF THE UNI- ‘‘(2) QUARTERLY REPORT BY ATTORNEY GEN- ‘‘4327. Noncompliance of Federal officials FORMED SERVICES. ERAL.—Not later than 30 days after the end with deadlines; inapplicability (a) TRAINING REQUIRED.—Subchapter IV of of each fiscal quarter, the Attorney General of statutes of limitations.’’. chapter 43 is amended by adding at the end shall submit to Congress, the Secretary, the (3) CONFORMING AMENDMENT.—Section 4323 the following new section: Secretary of Defense, and the Special Coun- is further amended— ‘‘§ 4335. Training for Federal executive agen- sel a report setting forth, for the previous (A) by striking subsection (i); and cy human resources personnel on employ- full quarter, the number of cases for which (B) by redesignating subsection (j) as sub- ment and reemployment rights and limita- the Attorney General received a referral section (i). tions under paragraph (1) of section 4323(a) of this ‘‘(a) TRAINING REQUIRED.—The head of each SEC. 303. MODIFICATION AND EXPANSION OF RE- title but did not meet the requirements of PORTING REQUIREMENTS WITH RE- Federal executive agency shall provide train- paragraph (2) of section 4323(a) of this title SPECT TO ENFORCEMENT OF ing for the human resources personnel of for such referral. USERRA. such agency on the following: ‘‘(3) QUARTERLY REPORT BY SPECIAL COUN- (a) DATE OF ANNUAL REPORTS.—Section ‘‘(1) The rights, benefits, and obligations of SEL.—Not later than 30 days after the end of 4332 is amended by striking ‘‘and no later members of the uniformed services under each fiscal quarter, the Special Counsel shall than February 1, 2005’’ and all that follows this chapter. submit to Congress, the Secretary, the Sec- through the ‘‘such February 1:’’ and insert- ‘‘(2) The application and administration of retary of Defense, and the Attorney General ing ‘‘, transmit to Congress not later than the requirements of this chapter by such a report setting forth, for the previous full July 1 each year a report on matters for the agency with respect to such members. quarter, the number of cases for which the fiscal year ending in the year before the year ‘‘(b) CONSULTATION.—The training provided in which such report is transmitted as fol- Special Counsel received a referral under under subsection (a) shall be developed and lows:’’. paragraph (1) of section 4324(a) of this title provided in consultation with the Director of (b) MODIFICATION OF ANNUAL REPORTS BY but did not meet the requirements of para- the Office of Personnel Management. SECRETARY.—Such section is further amend- graph (2)(B) of section 4324(a) of this title for ‘‘(c) FREQUENCY.—The training under sub- ed— such referral.’’. section (a) shall be provided with such fre- (1) by striking ‘‘The Secretary shall’’ and (d) UNIFORM CATEGORIZATION OF DATA.— quency as the Director of the Office of Per- inserting ‘‘(a) ANNUAL REPORT BY SEC- Such section is further amended by adding at sonnel Management shall specify in order to RETARY.—The Secretary shall’’; the end the following new subsection: ensure that the human resources personnel (2) in paragraph (3), by inserting before the ‘‘(c) UNIFORM CATEGORIZATION OF DATA.— of Federal executive agencies are kept fully period at the end the following: ‘‘and the The Secretary shall coordinate with the Sec- and currently informed of the matters cov- number of actions initiated by the Office of retary of Defense, the Attorney General, and ered by the training. Special Counsel before the Merit Systems the Special Counsel to ensure that— ‘‘(d) HUMAN RESOURCES PERSONNEL DE- Protection Board pursuant to section 4324 ‘‘(1) the information in the reports re- FINED.—In this section, the term ‘human re- during such fiscal year’’; quired by this section is categorized in a uni- sources personnel’, in the case of a Federal (3) by redesignating paragraphs (6) and (7) form way; and executive agency, means any personnel of as paragraphs (9) and (10), respectively; ‘‘(2) the Secretary, the Secretary of De- the agency who are authorized to rec- (4) by inserting after paragraph (5) the fol- fense, the Attorney General, and the Special ommend, take, or approve any personnel ac- lowing new paragraph (8): Counsel each have electronic access to the tion that is subject to the requirements of

VerDate Mar 15 2010 15:17 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00076 Fmt 0686 Sfmt 0634 E:\BR08\S16SE8.002 S16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19174 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 September 16, 2008 this chapter with respect to employees of the (6) Any other matters that the Secretary (1) by redesignating paragraphs (1), (2), (3), agency.’’. considers appropriate for purposes of the and (4) as subparagraphs (A), (B), (C), and (b) CLERICAL AMENDMENT.—The table of study. (D), respectively; sections at the beginning of chapter 43 is (c) CONSIDERATIONS.—In conducting the (2) by inserting ‘‘(1)’’ after ‘‘(d)’’; amended by adding at the end the following study required by subsection (a), the Sec- (3) in subparagraph (C) of paragraph (1), as new item: retary shall consider— redesignated by paragraphs (1) and (2) of this section, by striking ‘‘or’’ at the end; ‘‘4335. Training for Federal executive agency (1) the extent to which bonus payments or (4) in subparagraph (D) of paragraph (1), as human resources personnel on other incentives may be used to encourage so redesignated, by striking the period at the employment and reemployment veterans to complete their vocational reha- end and inserting ‘‘; or’’; and rights and limitations.’’. bilitation plans or otherwise achieve the vocational rehabilitation objectives of such (5) by adding at the end the following: SEC. 305. REPORT ON THE EMPLOYMENT NEEDS plans; and ‘‘(E) the change from the program to an- OF NATIVE AMERICAN VETERANS (2) such other matters as the Secretary other program is at the same educational in- LIVING ON TRIBAL LANDS. considers appropriate. stitution and such educational institution (a) REPORT.—Not later than December 1, (d) CONSULTATION.—In conducting the determines that the new program is suitable 2009, the Secretary of Labor shall, in con- study required by subsection (a), the Sec- to the aptitudes, interests, and abilities of sultation with the Secretary of Veterans Af- retary— the veteran or eligible person and certifies to fairs and the Secretary of the Interior, sub- (1) shall consult with such veterans and the Secretary the enrollment of the veteran mit to Congress a report assessing the em- military service organizations, and with or eligible person in the new program. ployment needs of Native American (Amer- such other public and private organizations ‘‘(2) A veteran or eligible person under- ican Indian, Alaska Native, Native Hawaiian, and individuals, as the Secretary considers going a change from one program of edu- and Pacific Islander) veterans living on trib- appropriate; and cation to another program of education as al lands, including Indian reservations, Alas- (2) may employ consultants. described in paragraph (1)(E) shall not be re- ka Native villages, and Hawaiian Home (e) REPORT.—Not later than 270 days after quired to apply to the Secretary for approval Lands. The report shall include— the commencement of the study required by of such change.’’. (1) a review of current and prior govern- subsection (a), the Secretary shall submit to SEC. 315. REPEAL OF CERTIFICATION REQUIRE- ment-to-government relationships between the Committee on Veterans’ Affairs of the MENT WITH RESPECT TO APPLICA- tribal organizations and the Veterans’ Em- Senate and the Committee on Veterans’ Af- TIONS FOR APPROVAL OF SELF-EM- ployment and Training Service of the De- fairs of the House of Representatives a re- PLOYMENT ON-JOB TRAINING. partment of Labor; and port on the study. The report shall include Section 3677(b) is amended by adding at the (2) recommendations for improving em- the following: end the following new paragraph: ployment and job training opportunities for (1) The findings of the Secretary under the ‘‘(3) The requirement for certification Native American veterans on tribal land, es- study. under paragraph (1) shall not apply to train- pecially through the utilization of resources (2) Any recommendations that the Sec- ing described in section 3452(e)(2) of this for veterans. retary considers appropriate for actions to title.’’. (b) TRIBAL ORGANIZATION DEFINED.—In this be taken by the Secretary in light of the Subtitle C—Other Matters section, the term ‘‘tribal organization’’ has study, including a proposal for such legisla- SEC. 321. DESIGNATION OF THE OFFICE OF the meaning given such term in section tive or administrative action as the Sec- SMALL BUSINESS PROGRAMS OF 3765(4) of title 38, United States Code. retary considers appropriate to implement THE DEPARTMENT OF VETERANS SEC. 306. REPORT ON MEASURES TO ASSIST AND the recommendations. AFFAIRS. ENCOURAGE VETERANS IN COM- (a) DESIGNATION.—The Office of Small Subtitle B—Education Matters PLETING VOCATIONAL REHABILITA- Business Programs of the Department of TION. SEC. 311. MODIFICATION OF PERIOD OF ELIGI- Veterans Affairs is the office that is estab- (a) STUDY REQUIRED.—The Secretary of BILITY FOR SURVIVORS’ AND DE- lished within the Office of the Secretary of Veterans Affairs shall conduct a study on PENDENTS’ EDUCATIONAL ASSIST- ANCE OF CERTAIN SPOUSES OF IN- Veterans Affairs under section 15(k) of the measures to assist and encourage veterans in DIVIDUALS WITH SERVICE-CON- Small Business Act (15 U.S.C. 644(k)). completing vocational rehabilitation. The NECTED DISABILITIES TOTAL AND (b) HEAD.—The Director of Small Business study shall include an identification of the PERMANENT IN NATURE. Programs is the head of the Office of Small following: Section 3512(b)(1) is amended— Business Programs of the Department of (1) The various factors that may prevent or (1) in subparagraph (A), by striking ‘‘sub- Veterans Affairs. preclude veterans from completing their vo- paragraph (B) or (C)’’ and inserting ‘‘sub- TITLE IV—COURT MATTERS cational rehabilitation plans through the De- paragraph (B), (C), or (D)’’; and SEC. 401. TEMPORARY INCREASE IN NUMBER OF partment of Veterans Affairs or otherwise (2) by adding at the end the following new AUTHORIZED JUDGES OF THE achieving the vocational rehabilitation ob- subparagraph: UNITED STATES COURT OF APPEALS jectives of such plans. ‘‘(D) Notwithstanding subparagraph (A), an FOR VETERANS CLAIMS. (2) The actions to be taken by the Sec- eligible person referred to in that subpara- Section 7253 is amended by adding at the retary to assist and encourage veterans in graph who is made eligible under section end the following new subsection: overcoming the factors identified in para- 3501(a)(1)(D)(i) of this title by reason of a ‘‘(i) ADDITIONAL TEMPORARY EXPANSION OF graph (1) and in otherwise completing their service-connected disability that was deter- COURT.—(1) Subject to paragraph (2), effec- vocational rehabilitation plans or achieving mined to be a total disability permanent in tive as of December 31, 2009, the authorized the vocational rehabilitation objectives of nature not later than three years after dis- number of judges of the Court specified in such plans. charge from service may be afforded edu- subsection (a) is increased by two. (b) MATTERS TO BE EXAMINED.—In con- cational assistance under this chapter during ‘‘(2) Effective as of January 1, 2013, an ap- ducting the study required by subsection (a), the 20-year period beginning on the date the pointment may not be made to the Court if the Secretary shall examine the following: disability was so determined to be a total the appointment would result in there being (1) Measures utilized in other disability disability permanent in nature, but only if more judges of the Court than the authorized systems in the United States, and in other the eligible person remains the spouse of the number of judges of the Court specified in countries, to encourage completion of voca- disabled person throughout the period.’’. subsection (a).’’. tional rehabilitation by persons covered by SEC. 312. REPEAL OF REQUIREMENT FOR RE- SEC. 402. PROTECTION OF PRIVACY AND SECU- such systems. PORT TO THE SECRETARY OF VET- RITY CONCERNS IN COURT (2) Any studies or survey data available to ERANS AFFAIRS ON PRIOR TRAIN- RECORDS. the Secretary that relates to the matters ING. Section 7268 is amended by adding at the covered by the study. Section 3676(c)(4) is amended by striking end the following new subsection: (3) The extent to which disability com- ‘‘and the Secretary’’. ‘‘(c)(1) The Court shall prescribe rules, in pensation may be used as an incentive to en- SEC. 313. MODIFICATION OF WAITING PERIOD BE- accordance with section 7264(a) of this title, courage veterans to undergo and complete FORE AFFIRMATION OF ENROLL- to protect privacy and security concerns re- vocational rehabilitation. MENT IN A CORRESPONDENCE lating to all filing of documents and the pub- (4) The report of the Veterans’ Disability COURSE. lic availability under this subsection of doc- Benefits Commission established pursuant to Section 3686(b) is amended by striking uments retained by the Court or filed elec- section 1501 of the National Defense Author- ‘‘ten’’ and inserting ‘‘five’’. tronically with the Court. ization Act of 2004 (38 U.S.C. 1101 note). SEC. 314. CHANGE OF PROGRAMS OF EDUCATION ‘‘(2) The rules prescribed under paragraph (5) The report of the President’s Commis- AT THE SAME EDUCATIONAL INSTI- (1) shall be consistent to the extent prac- sion on Care for America’s Returning TUTION. ticable with rules addressing privacy and se- Wounded Warriors. Section 3691(d) is amended— curity issues throughout the Federal courts.

VerDate Mar 15 2010 15:17 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00077 Fmt 0686 Sfmt 0634 E:\BR08\S16SE8.002 S16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 19175 ‘‘(3) The rules prescribed under paragraph title 5 or to whom section 7296(c)(1)(A) of this ‘‘(14) A summary of any service performed (1) shall take into consideration best prac- title applies shall be paid, during the period for the Court by a recalled retired judge of tices in Federal and State courts to protect for which the judge serves in recall status, the Court. private information or otherwise maintain pay at the rate of pay in effect under section ‘‘(15) An assessment of the workload of necessary information security.’’. 7253(e) of this title for a judge performing ac- each judge of the Court, including consider- SEC. 403. RECALL OF RETIRED JUDGES OF THE tive service, less the amount of the judge’s ation of the following: UNITED STATES COURT OF APPEALS annuity under the applicable provisions of ‘‘(A) The time required of each judge for FOR VETERANS CLAIMS. chapter 83 or 84 of title 5 or the judge’s annu- disposition of each type of case. (a) REPEAL OF LIMIT ON SERVICE OF RE- ity under section 7296(c)(1)(A) of this title, ‘‘(B) The number of cases reviewed by the CALLED RETIRED JUDGES WHO VOLUNTARILY whichever is applicable.’’. Court. SERVE MORE THAN 90 DAYS.—Section (4) NOTICE.—The last sentence of section ‘‘(C) The average workload of other Fed- 7257(b)(2) is amended by striking ‘‘or for 7257(a)(1) is amended to read as follows: eral judges. more than a total of 180 days (or the equiva- ‘‘Such a notice provided by a retired judge to ‘‘(c) APPROPRIATE COMMITTEES OF CON- lent) during any calendar year’’. whom section 7296(c)(1)(B) of this title ap- GRESS DEFINED.—In this section, the term (b) NEW JUDGES RECALLED AFTER RETIRE- plies is irrevocable.’’. ‘appropriate committees of Congress’ MENT RECEIVE PAY OF CURRENT JUDGES ONLY (c) LIMITATION ON INVOLUNTARY RECALLS.— means— DURING PERIOD OF RECALL.— Section 7257(b)(3) is amended by adding at ‘‘(1) the Committee on Veterans’ Affairs of (1) IN GENERAL.—Section 7296(c) is amended the end the following new sentence: ‘‘This the Senate; and by striking paragraph (1) and inserting the paragraph shall not apply to a judge to ‘‘(2) the Committee on Veterans’ Affairs of following new paragraph: whom section 7296(c)(1)(A) or 7296(c)(1)(B) of the House of Representatives.’’. ‘‘(1)(A) A judge who is appointed on or this title applies and who has, in the aggre- (b) CLERICAL AMENDMENT.—The table of after the date of the enactment of the Vet- gate, served at least five years of recalled sections at the beginning of chapter 72 is erans’ Benefits Improvement Act of 2008 and service on the Court under this section.’’. amended by inserting after the item related who retires under subsection (b) and elects SEC. 404. ANNUAL REPORTS ON WORKLOAD OF to section 7287 the following new item: under subsection (d) to receive retired pay THE UNITED STATES COURT OF AP- ‘‘7288. Annual report.’’. under this subsection shall (except as pro- PEALS FOR VETERANS CLAIMS. TITLE V—INSURANCE MATTERS (a) IN GENERAL.—Subchapter III of chapter vided in paragraph (2)) receive retired pay as SEC. 501. REPORT ON INCLUSION OF SEVERE follows: 72 is amended by adding at the end the fol- AND ACUTE POST TRAUMATIC ‘‘(i) In the case of a judge who is a recall- lowing new section: STRESS DISORDER AMONG CONDI- eligible retired judge under section 7257 of ‘‘§7288. Annual report TIONS COVERED BY TRAUMATIC IN- JURY PROTECTION COVERAGE this title, the retired pay of the judge shall ‘‘(a) IN GENERAL.—The chief judge of the (subject to section 7257(d)(2) of this title) be UNDER SERVICEMEMBERS’ GROUP Court shall submit to the appropriate com- LIFE INSURANCE. the rate of pay applicable to that judge at mittees of Congress each year a report sum- (a) REPORT REQUIRED.—Not later than 180 the time of retirement, as adjusted from marizing the workload of the Court for the days after the date of the enactment of this time to time under subsection (f)(3). fiscal year ending during the preceding year. Act, the Secretary of Veterans Affairs shall, ‘‘(ii) In the case of a judge other than a re- ‘‘(b) ELEMENTS.—Each report under sub- in consultation with the Secretary of De- call-eligible retired judge, the retired pay of section (a) shall include, with respect to the fense, submit to the appropriate committees the judge shall be the rate of pay applicable fiscal year covered by such report, the fol- of Congress a report setting forth the assess- to that judge at the time of retirement. lowing information: ment of the Secretary of Veterans Affairs as ‘‘(B) A judge who retired before the date of ‘‘(1) The number of appeals filed with the to the feasability and advisability of includ- the enactment of the Veterans’ Benefits Im- Court. ing severe and acute Post Traumatic Stress provement Act of 2008 and elected under sub- ‘‘(2) The number of petitions filed with the Disorder (PTSD) among the conditions cov- section (d) to receive retired pay under this Court. ered by traumatic injury protection coverage subsection, or a judge who retires under sub- ‘‘(3) The number of applications filed with under Servicemembers’ Group Life Insurance section (b) and elects under subsection (d) to the Court under section 2412 of title 28. under section 1980A of title 38, United States receive retired pay under this subsection, ‘‘(4) The total number of dispositions by Code. shall (except as provided in paragraph (2)) re- each of the following: (b) CONSIDERATIONS.—In preparing the as- ceive retired pay as follows: ‘‘(A) The Court as a whole. sessment required by subsection (a), the Sec- ‘‘(i) In the case of a judge who is a recall- ‘‘(B) The Clerk of the Court. retary of Veterans Affairs shall consider the eligible retired judge under section 7257 of ‘‘(C) A single judge of the Court. following: this title or who was a recall-eligible retired ‘‘(D) A multi-judge panel of the Court. (1) The advisability of providing traumatic judge under that section and was removed ‘‘(E) The full Court. injury protection coverage under from recall status under subsection (b)(4) of ‘‘(5) The number of each type of disposition Servicemembers’ Group Life Insurance under that section by reason of disability, the re- by the Court, including settlement, affirma- section 1980A of title 38, United States Code, tired pay of the judge shall be the pay of a tion, remand, vacation, dismissal, reversal, for Post Traumatic Stress Disorder incurred judge of the court. grant, and denial. by a member of the Armed Forces as a direct ‘‘(ii) In the case of a judge who at the time ‘‘(6) The median time from filing an appeal result of military service in a combat zone of retirement did not provide notice under to disposition by each of the following: that renders the member unable to carry out section 7257 of this title of availability for ‘‘(A) The Court as a whole. the daily activities of living after the mem- service in a recalled status, the retired pay ‘‘(B) The Clerk of the Court. ber is discharged or released from military of the judge shall be the rate of pay applica- ‘‘(C) A single judge of the Court. service. ble to that judge at the time of retirement. ‘‘(D) Multiple judges of the Court (includ- (2) The unique circumstances of military ‘‘(iii) In the case of a judge who was a re- ing a multi-judge panel of the Court or the service, and the unique experiences of mem- call-eligible retired judge under section 7257 full Court). bers of the Armed Forces who are deployed of this title and was removed from recall sta- ‘‘(7) The median time from filing a petition to a combat zone. tus under subsection (b)(3) of that section, to disposition by the Court. (3) Any financial strain incurred by family the retired pay of the judge shall be the pay ‘‘(8) The median time from filing an appli- members of members of the Armed Forces of the judge at the time of the removal from cation under section 2412 of title 28 to dis- who suffer severe and acute from Post Trau- recall status.’’. position by the Court. matic Stress Disorder. (2) COST-OF-LIVING ADJUSTMENT FOR RE- ‘‘(9) The median time from the completion (4) The recovery time, and any particular TIRED PAY OF NEW JUDGES WHO ARE RECALL- of briefing requirements by the parties to difficulty of the recovery process, for recov- ELIGIBLE.—Section 7296(f)(3)(A) is amended disposition by the Court. ery from severe and acute Post Traumatic by striking ‘‘paragraph (2) of subsection (c)’’ ‘‘(10) The number of oral arguments before Stress Disorder. and inserting ‘‘paragraph (1)(A)(i) or (2) of the Court. (5) Such other matters as the Secretary subsection (c)’’. ‘‘(11) The number of cases appealed to the considers appropriate. (3) PAY DURING PERIOD OF RECALL.—Sub- United States Court of Appeals for the Fed- (c) APPROPRIATE COMMITTEES OF CONGRESS section (d) of section 7257 is amended to read eral Circuit. DEFINED.—In this section, the term ‘‘appro- as follows: ‘‘(12) The number and status of appeals and priate committees of Congress’’ means— ‘‘(d)(1) The pay of a recall-eligible retired petitions pending with the Court and of ap- (1) the Committee on Armed Services and judge to whom section 7296(c)(1)(B) of this plications described in paragraph (3) as of the Committee on Veterans’ Affairs of the title applies is the pay specified in that sec- the end of such fiscal year. Senate; and tion. ‘‘(13) The number of cases pending with the (2) the Committee on Armed Services and ‘‘(2) A judge who is recalled under this sec- Court more than 18 months as of the end of the Committee on Veterans’ Affairs of the tion who retired under chapter 83 or 84 of such fiscal year. House of Representatives.

VerDate Mar 15 2010 15:17 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00078 Fmt 0686 Sfmt 0634 E:\BR08\S16SE8.002 S16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19176 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 September 16, 2008 SEC. 502. TREATMENT OF STILLBORN CHILDREN ‘‘(3) The Secretary of Veterans Affairs may Mr. LEVIN. Mr. President, I further AS INSURABLE DEPENDENTS UNDER suspend or terminate an action by the Sec- ask unanimous consent that the con- SERVICEMEMBERS’ GROUP LIFE IN- retary under subsection (a) to collect a claim current resolution be agreed to, the SURANCE. against the estate of a person who died while (a) TREATMENT.—Section 1965(10) is amend- preamble be agreed to, the motions to serving on active duty as a member of the ed by adding at the end the following new Army, Navy, Air Force, Marine Corps, or reconsider be laid upon the table, with subparagraph: Coast Guard during a period when the Coast no intervening action or debate, and ‘‘(C) The member’s stillborn child.’’. Guard is operating as a service in the Navy any statements relating to the meas- (b) CONFORMING AMENDMENT.—Section if the Secretary determines that, under the ure be printed in the RECORD. 101(4)(A) is amended by striking ‘‘section circumstances applicable with respect to the 1965(10)(B)’’ in the matter preceding clause The PRESIDING OFFICER. Without deceased person, it is appropriate to do so.’’. (i) and inserting ‘‘subparagraph (B) or (C) of objection, it is so ordered. (b) EQUITABLE REFUND OF AMOUNTS COL- section 1965(10)’’. LECTED.—The Secretary of Veterans Affairs The concurrent resolution (S. Con. SEC. 503. OTHER ENHANCEMENTS OF may refund to the estate of such person any Res. 87) was agreed to. SERVICEMEMBERS’ GROUP LIFE IN- SURANCE COVERAGE. amount collected by the Secretary (whether The preamble was agreed to. before, on, or after the date of the enactment (a) EXPANSION OF SERVICEMEMBERS’ GROUP The concurrent resolution, with its of this Act) from a person who died while LIFE INSURANCE TO INCLUDE CERTAIN MEM- preamble, reads as follows: serving on active duty as a member of the BERS OF INDIVIDUAL READY RESERVE.— Armed Forces if the Secretary determines S. CON. RES. 87 (1) IN GENERAL.—Section 1967(a)(1)(C) is amended by striking ‘‘section 1965(5)(B) of that, under the circumstances applicable Whereas, on November 18, 1918, in the City this title’’ and inserting ‘‘subparagraph (B) with respect to the deceased person, it is ap- of Riga, the members of the People’s Council or (C) of section 1965(5) of this title’’. propriate to do so. proclaimed Latvia a free, democratic, and sovereign nation; (2) CONFORMING AMENDMENTS.— SEC. 602. MEMORIAL HEADSTONES AND MARK- (A) Section 1967(a)(5)(C) is amended by ERS FOR DECEASED REMARRIED Whereas, on July 24, 1922, the United SURVIVING SPOUSES OF VETERANS. striking ‘‘section 1965(5)(B) of this title’’ and States formally recognized Latvia as an (a) IN GENERAL.—Section 2306(b)(4)(B) is inserting ‘‘subparagraph (B) or (C) of section independent and sovereign nation; amended by striking ‘‘an unremarried sur- 1965(5) of this title’’; and Whereas Latvia existed for 21 years as an viving spouse whose subsequent remarriage (B) Section 1969(g)(1)(B) is amended by independent and sovereign nation and a fully was terminated by death or divorce’’ and in- striking ‘‘section 1965(5)(B) of this title’’ and recognized member of the League of Nations; serting ‘‘a surviving spouse who had a subse- inserting ‘‘subparagraph (B) or (C) of section Whereas Latvia maintained friendly and quent remarriage’’. 1965(5) of this title’’. stable relations with its neighbors, including (b) EFFECTIVE DATE.—The amendment (b) REDUCTION IN PERIOD OF DEPENDENTS’ the Soviet Union, during its independence, made by this section shall apply to deaths COVERAGE AFTER MEMBER SEPARATES.—Sec- without any border disputes; tion 1968(a)(5)(B)(ii) is amended by striking occurring on or after the date of the enact- Whereas Latvia concluded several peace ‘‘120 days after’’. ment of this Act. treaties and protocols with the Soviet Union, (c) AUTHORITY TO SET PREMIUMS FOR SEC. 603. THREE-YEAR EXTENSION OF AUTHOR- including a peace treaty signed on August 11, READY RESERVISTS’ SPOUSES.—Section ITY TO CARRY OUT INCOME 1920, under which the Soviet Union ‘‘unre- 1969(g)(1)(B) is amended by striking ‘‘(which VERIFICATION. servedly recognize[d] the independence and shall be the same for all such members)’’. Section 5317(g) is amended by striking sovereignty of the Latvian State and forever (d) FORFEITURE OF VETERANS’ GROUP LIFE ‘‘September 30, 2008’’ and inserting ‘‘Sep- renounce[d] all sovereign rights . . . over the INSURANCE.—Section 1973 is amended by tember 30, 2011’’. Latvian people and territory’’; striking ‘‘under this subchapter’’ and insert- SEC. 604. THREE-YEAR EXTENSION OF TEM- Whereas, despite friendly and mutually ing ‘‘and Veterans’ Group Life Insurance PORARY AUTHORITY FOR THE PER- productive relations between Latvia and the under this subchapter’’. FORMANCE OF MEDICAL DISABILITY Soviet Union, on August 23, 1939, Nazi Ger- EXAMINATIONS BY CONTRACT PHY- FFECTIVE AND PPLICABILITY ATES many and the Soviet Union signed the Molo- (e) E A D .— SICIANS. (1) The amendments made by subsection tov-Ribbentrop Pact, which contained a se- Section 704(c) of the Veterans Benefits Act (a) shall take effect on the date of the enact- cret protocol assigning Latvia, Estonia, and of 2003 (Public Law 108–183; 117 Stat. 2651; 38 ment of this Act. Lithuania to the Soviet sphere of influence; U.S.C. 5101 note) is amended by striking ‘‘De- (2) The amendment made by subsection (b) Whereas, under the cover of the Molotov- cember 31, 2009’’ and inserting ‘‘December 31, shall apply with respect to Servicemembers’ Ribbentrop Pact, on June 17, 1940, Latvia, 2012’’. Group Life Insurance coverage for an insur- Estonia, and Lithuania were forcibly incor- able dependent of a member, as defined in The title was amended so as to read: porated into the Soviet Union in violation of section 1965(10) of title 38, United States A Bill to amend title 38, United States pre-existing peace treaties; Code (as amended by section 502 of this Act), Code, to improve and enhance compensation Whereas the Soviet Union imposed upon that begins on or after the date of the enact- and pension, housing, labor and education, the people of Estonia, Latvia, and Lithuania ment of this Act. and insurance benefits for veterans, and for a communist political system that stifled (3) The amendment made by subsection (c) other purposes. civil dissent, free political expression, and shall take effect as if enacted on June 5, 2001, f basic human rights; immediately after the enactment of the Vet- Whereas the United States never recog- erans’ Survivor Benefits Improvements Act CONGRATULATING LATVIA ON nized this illegal and forcible occupation, of 2001 (Public Law 107–14; 115 Stat. 25). 90TH ANNIVERSARY OF DEC- and successive United States presidents (4) The amendment made by subsection (d) LARATION OF INDEPENDENCE maintained continuous diplomatic relations shall apply with respect to any act of mu- with these countries throughout the Soviet tiny, treason, spying, or desertion com- Mr. LEVIN. Mr. President, I ask occupation, never accepting them to be ‘‘So- mitted on or after the date of the enactment unanimous consent that the Com- viet Republics’’; of this Act for which a person is found mittee on Foreign Relations be dis- Whereas, during the 50 years of Soviet oc- guilty, or with respect to refusal because of charged from further consideration of cupation of the Baltic states, Congress conscientious objections to perform service S. Con. Res. 87, and that the Senate strongly, consistently, and on a bipartisan in, or to wear the uniform of, the Armed then proceed to its immediate consid- basis supported a United States policy of Forces on or after the date of the enactment legal non-recognition; eration. Whereas, in 1953, the congressionally-es- of this Act. The PRESIDING OFFICER. Without TITLE VI—OTHER MATTERS tablished Kersten Commission investigated objection, it is so ordered. The clerk the incorporation of Latvia, Estonia, and SEC. 601. AUTHORITY FOR SUSPENSION OR TER- will report the concurrent resolution Lithuania into the Soviet Union and deter- MINATION OF CLAIMS OF THE UNITED STATES AGAINST INDIVID- by title. mined that the Soviet Union had illegally UALS WHO DIED WHILE SERVING ON The legislative clerk read as follows: and forcibly occupied and annexed the Baltic ACTIVE DUTY IN THE ARMED A concurrent resolution (S. Con. Res. 87) countries; FORCES. congratulating the Republic of Latvia on the Whereas, in 1982, and for the next nine (a) AUTHORITY.—Section 3711(f) of title 31, 90th anniversary of its declaration of inde- years until the Baltic countries regained United States Code, is amended— pendence. their independence, Congress annually (1) by redesignating paragraph (3) as para- adopted a Baltic Freedom Day resolution de- graph (4); and There being no objection, the Senate nouncing the Molotov-Ribbentrop Pact and (2) by inserting after paragraph (2) the fol- proceeded to consider the concurrent appealing for the freedom of the Baltic coun- lowing new paragraph (3): resolution. tries;

VerDate Mar 15 2010 15:17 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00079 Fmt 0686 Sfmt 0634 E:\BR08\S16SE8.002 S16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 19177 Whereas, in 1991, Latvia, Estonia, and rolled copy of S. 3406, a bill to restore AMERICA TO THE SIXTY-THIRD SESSION OF THE GEN- ERAL ASSEMBLY OF THE UNITED NATIONS. Lithuania regained their de facto independ- the intent and protections of the Amer- ence and were quickly recognized by the NATIONAL FOUNDATION ON THE ARTS AND THE icans With Disabilities Act of 1990. HUMANITIES United States and by almost every other The PRESIDING OFFICER. Without country in the world, including the Soviet JAMES W. CEASER, OF VIRGINIA, TO BE A MEMBER OF Union; objection, it is so ordered. THE NATIONAL COUNCIL ON THE HUMANITIES FOR A TERM EXPIRING JANUARY 26, 2014, VICE CELESTE Whereas, in 1998, the United States and the f COLGAN, TERM EXPIRED. three Baltic nations signed the U.S.-Baltic THE JUDICIARY Charter of Partnership, an expression of the ORDERS FOR WEDNESDAY, importance of the Baltic Sea region to SEPTEMBER 17, 2008 ALFRED S. IRVING, JR., OF THE DISTRICT OF COLUM- BIA, TO BE AN ASSOCIATE JUDGE OF THE SUPERIOR United States interests; Mr. LEVIN. Mr. President, I ask COURT OF THE DISTRICT OF COLUMBIA FOR THE TERM Whereas the 109th Congress resolved (S. OF FIFTEEN YEARS, VICE MARY ANN GOODEN TERRELL, Con. Res. 35 and H. Res. 28) that ‘‘it is the unanimous consent that when the Sen- RETIRED. sense of Congress that the Government of ate completes its business today, it IN THE COAST GUARD the Russian Federation should issue a clear stand adjourned until 9:30 a.m. tomor- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT and unambiguous statement of admission row, Wednesday, September 17; that TO THE GRADE INDICATED IN THE UNITED STATES COAST GUARD RESERVE UNDER TITLE 10, U.S.C., SECTION and condemnation of the illegal occupation following the prayer and pledge, the 12203: and annexation by the Soviet Union from Journal of proceedings be approved to To be captain 1940 to 1991 of the Baltic countries of Esto- date, the morning hour be deemed ex- nia, Latvia and Lithuania, the consequences ROBERT P. BRANC pired, the time for the two leaders be PETER D. CONLEY of which will be a significant increase in reserved for their use later in the day, BRETT A. CONTENT good will among the affected people’’; STEVEN J. CRAIG Whereas Latvia has successfully developed and the Senate proceed to a period of SCOTT E. DOUGLASS morning business for up to 1 hour, with MICHAEL K. HART as a free and democratic country, ensured DONALD W. JILLSON the rule of law, and developed a free market Senators permitted to speak therein JOHN KOEPPEN economy; for up to 10 minutes each, with the RONALD J. KRAEMER MARILEA A. LLOYD Whereas the Government of Latvia has time equally divided and controlled be- ANDREW S. MCKINLEY constantly pursued a course of integration of tween the two leaders or their des- ROBERT T. NEWTON that country into the community of free and CHARLES E. POLK ignees, with the majority controlling STEVEN H. POPE democratic nations, becoming a full and re- the first half and the Republicans con- ALAN L. REAGAN sponsible member of the United Nations, the SCOTT D. SCHAEFER Organization for Security and Cooperation in trolling the second half; that following CHRISTOPHER E. SCHAFFER Europe, the European Union, and the North morning business, the Senate resume HEKMAT D. TAMIMIE Atlantic Treaty Organization; consideration of S. 3001, the National IN THE ARMY Whereas the people of Latvia cherish the Defense Authorization Act; further, THE FOLLOWING NAMED ARMY NATIONAL GUARD OF principles of political freedom, human THE UNITED STATES OFFICER FOR APPOINTMENT TO that all time in adjournment, recess, THE GRADE INDICATED IN THE RESERVE OF THE ARMY rights, and independence; and and morning business count UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: Whereas Latvia is a strong and loyal ally postcloture. To be colonel of the United States, and the people of Lat- via share common values with the people of The PRESIDING OFFICER. Without JONATHAN E. KRAFT the United States: Now, therefore, be it objection, it is so ordered. THE FOLLOWING OFFICER FOR REGULAR APPOINT- Resolved by the Senate (the House of Rep- MENT IN THE GRADE INDICATED IN THE UNITED STATES f ARMY DENTAL CORPS UNDER TITLE 10, U.S.C., SECTIONS resentatives concurring), That Congress— 531 AND 3064: (1) congratulates the people of Latvia on PROGRAM To be colonel the occasion of the 90th anniversary of that Mr. LEVIN. Mr. President, cloture country’s November 18, 1918, declaration of was invoked this afternoon and the THE FOLLOWING NAMED ARMY NATIONAL GUARD OF independence; THE UNITED STATES OFFICERS FOR APPOINTMENT TO (2) commends the Government of Latvia managers of the bill continue to work THE GRADE INDICATED IN THE RESERVE OF THE ARMY for its success in implementing political and through filed amendments. We expect UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: economic reforms, for establishing political, to complete action on the Defense au- To be colonel religious and economic freedom, and for its thorization bill during tomorrow’s ses- PHILIP W. GAY strong commitment to human and civil VIRGINIA A. KRAUSHAAR sion and rollcall votes are possible THOMAS E. LANGUIRAND rights; throughout the day. MARK A. LITZ (3) recognizes the common goals and MICHAEL C. MAFFEI shared values of the people of Estonia, Lat- f TIMOTHY N. THOMBLESON via, and Lithuania, the close and friendly re- ADJOURNMENT UNTIL 9:30 A.M. THE FOLLOWING OFFICER FOR REGULAR APPOINT- lations and ties of the three Baltic countries MENT IN THE GRADE INDICATED IN THE UNITED STATES TOMORROW ARMY MEDICAL CORPS UNDER TITLE 10, U.S.C., SECTIONS with one other, and their tragic history in 531 AND 3064: the last century under the Nazi and Soviet Mr. LEVIN. If there is no further To be lieutenant colonel occupations; business to come before the Senate, I (4) calls on the President to issue a procla- ask unanimous consent that it stand THE FOLLOWING NAMED OFFICER FOR APPOINTMENT mation congratulating the people of Latvia adjourned under the previous order. TO THE GRADE INDICATED IN THE UNITED STATES ARMY on the 90th anniversary of the declaration of UNDER TITLE 10, U.S.C., SECTIONS 624: There being no objection, the Senate, Latvia’s independence on November 18, 1918; To be lieutenant colonel (5) respectfully requests the President to at 6:51 p.m., adjourned until Wednes- TYRONE P. CRABB congratulate the Government of Latvia for day, September 17, 2008, at 9:30 a.m. its commitment to democracy, a free market THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT f TO THE GRADE INDICATED IN THE UNITED STATES ARMY economy, human rights, the rule of law, par- UNDER TITLE 10, U.S.C., SECTION 624: ticipation in a wide range of international NOMINATIONS To be lieutenant colonel structures, and security cooperation with Executive nominations received by MICHAEL M. KING the United States Government; and ROBIN L. WADE (6) calls on the President and Secretary of the Senate: BRADLEY C. WARE DEPARTMENT OF STATE State to urge the Government of the Russian THE FOLLOWING OFFICERS FOR REGULAR APPOINT- Federation to acknowledge that the Soviet BILL NELSON, OF FLORIDA, TO BE A REPRESENTATIVE MENT IN THE GRADES INDICATED IN THE UNITED occupation of Latvia, Estonia, and Lithuania OF THE UNITED STATES OF AMERICA TO THE SIXTY- STATES ARMY MEDICAL SERVICE CORPS UNDER TITLE under the Molotov-Ribbentrop Pact and for THIRD SESSION OF THE GENERAL ASSEMBLY OF THE 10, U.S.C., SECTIONS 531 AND 3064: UNITED NATIONS. To be lieutenant colonel the succeeding 51 years was illegal. BOB CORKER, OF TENNESSEE, TO BE A REPRESENTA- TIVE OF THE UNITED STATES OF AMERICA TO THE f SIXTY-THIRD SESSION OF THE GENERAL ASSEMBLY OF To be major THE UNITED NATIONS. SIGNING AUTHORITY—S. 3406 ANTHONY H. GIOIA, OF NEW YORK, TO BE A REP- RESENTATIVE OF THE UNITED STATES OF AMERICA TO Mr. LEVIN. Mr. President, I ask THE SIXTY-THIRD SESSION OF THE GENERAL ASSEMBLY unanimous consent that Senator HAR- OF THE UNITED NATIONS. KAREN ELLIOTT HOUSE, OF NEW JERSEY, TO BE AN AL- THE FOLLOWING OFFICER FOR REGULAR APPOINT- KIN be authorized to sign the duly en- TERNATE REPRESENTATIVE OF THE UNITED STATES OF MENT IN THE GRADE INDICATED IN THE UNITED STATES

VerDate Sep 11 2014 11:00 Oct 18, 2017 Jkt 069102 PO 00000 Frm 00080 Fmt 0686 Sfmt 9801 E:\FDSYS\BOUNDRECORD\S16SE8.REC S16SE8 ejoyner on DSK30MW082PROD with BOUND RECORD 19178 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 September 16, 2008

ARMY VETERINARY CORPS UNDER TITLE 10, U.S.C., SEC- PATRICK A. CHAVEZ SEAN P. IMBS TIONS 531 AND 3064: MARTIN J. CHEMAN DONNA L. INGRAM To be major MICHAEL C. CHERRY JEFFREY J. JABLONSKI JASON C. CHRISTENSON JOHN E. JACKSON STEPHEN L. CHRISTIAN JAMES M. JACOBSON THE FOLLOWING OFFICERS FOR REGULAR APPOINT- ERIC P. CHRISTIANSEN, JR. CHARLES T. JAGGER MENT IN THE GRADE INDICATED IN THE UNITED STATES MARC S. CICHOWICZ ANGELA M. JAMES ARMY MEDICAL SPECIALIST CORPS UNDER TITLE 10, ADAM D. CLARK SABRINA S. JAMESHENRY U.S.C., SECTIONS 531 AND 3064: WILLIAM J. CLARK CHARLES V. JAQUILLARD ERIC S. CLARKE To be major SEANA M. JARDIN JARED L. CLINGER CHRISTOPHER D. JOHNSON ANDY R. CLINKSCALES DONNA J. JOHNSON MICHAEL P. COBB LARRY P. JOHNSON FRANKIE C. COCHIAOSUE THE FOLLOWING OFFICERS FOR REGULAR APPOINT- PAUL D. JOHNSTON KIM M. COHEN MENT IN THE GRADE INDICATED IN THE UNITED STATES DAVID W. JONES ADAM J. COLLINS ARMY UNDER TITLE 10, U.S.C., SECTION 531: LEAH N. JONES CLAIRE COLLINS RONALD M. JONES JULIO COLONGONZALEZ To be major VERNON L. JONES, JR. DAVID B. COOK MICHAEL T. JORDAN JAMES D. COOK MOTT J. KAEO RICHARD M. CORPUZ JENNIFER S. KARIM BRIAN M. COZINE MICHAEL D. KAUL MICHAEL L. CRIBB, JR. DOMINIQUE R. KEITH DANA E. CROW SEAN P. KELLY STEPHEN M. CROW ANTHONY R. CRUTCHFIELD MICHAEL T. KERN LANCE J. CULVER SPENCER R. KERR ELIZABETH H. CURTIS MATTHEW R. KERSHNER IVAN W. DACRES, JR. MICHAEL T. KIM JOHN Q. DANG TROY K. KING PAUL R. DAVIS WAYNE M. KINNEY RANDALL E. DAVIS, JR. BRIAN M. KNIERIEM WILLIAM D. DAVIS STEPHEN T. KOEHLER JUSTIN E. DAY CODY W. KOERWITZ JEAN A. DEAKYNE ROBERT A. KONOPKA, JR. SAUL D. DECKER ANDREW T. KOSCHNIK VICTOR M. DIAZ III WILLIAM R. KOST TIFFINEY R. DIMERY THOMAS D. KRUPP MICHAEL D. DOLGE MATTHEW L. KUHNS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BRIAN T. DONAHUE GENGHIS K. KUO TO THE GRADE INDICATED IN THE UNITED STATES ARMY JOHN C. DOSS ARMANDO R. KUPPINGER UNDER TITLE 10, U.S.C., SECTION 624: ANTHONY E. DOUGLAS WESLEY J. KWASNEY To be major EMANUEL M. DUDLEY WILLIAM E. LAASE GERALD J. DUENAS HEATHER D. LABRECQUE JONATHAN S. ACKISS THERESA L. ELLISON JAMES J. LACARIA LEUILA S. ALAIMALEATA STACY M. ENYEART GERALD M. LACROSS CORNELIUS L. ALLEN, JR. ANDREA M. ESCOFFERY JUAN C. LAGO JONATHAN E. ALLEN PATRICK C. EVANS TANZIE R. LANDRYMCGEE REGAN J. ALLEN CHARLEY R. FANIEL BARRCARY J. LANE LUIS F. ALVAREZ BRYAN J. FENCL MARVA R. LANE MATTHEW S. ARBOGAST GREGORY A. FEND TYRONNE G. LASTRAPES, JR. REGINALD F. ARMSTRONG KIMBERLY A. FERGUSON JONG U. LEE SHAWNE P. ARMSTRONG DAWN M. FICK MARK W. LEE ROBERT A. ARROYO ALAIN G. FISHER JOEL K. LEFLORE HELEN M. AUSTIN MARC J. FLEURANT ROBERT W. LENTNER III HOOKER C. AVERY CASSANDRA N. FORRESTER MATTHEW S. LINEHAN ALEXANDER C. BABINGTON CHRISTOPHER L. FOSTER TERRY C. LITTLEJOHN YANCY R. BAER MISTI L. FRODYMA INGRID J. LLANES ANDREW A. BAIR JAMES K. GADOURY CARLOS A. LOCK JACQUELINE E. BAIRD ALEX M. GALESI JAMES T. LOCKLEAR KAREN A. BAKER OMAR GARCIA HEATHER J. LOPEZ PATRICK J. BAKER ROSADO A. GARCIA MATTHEW J. LOVELL JACKSON L. BALL VINCENTE GARCIA CHRISTOPHER LOWERY THERON P. BALLARD GRETCHEN J. GARDNER JAMES J. LUCOWITZ, JR. JEROME K. BARNARD ANNETTE L. GARRETT JEFFREY L. LUCOWITZ TIMOTHY J. BARRETT WILLIAM A. GARRIS THOMAS R. LUTZ CHRISTOPHER P. BARTOS CHAE GAYLES IAN J. LYNCH RICHARD T. BASYE JAMES J. GEISHAKER HEATHER J. MACE NAYDA C. BATES JUSTIN R. GERKEN BRIAN W. MACK NICOLE D. BEAVERS MATTHEW E. GILLESPIE PAUL B. MADDEN JONATHAN A. BECK ERIN M. GILLIAM CARMELO T. MADERA PAUL B. BEDNAR TENNILLE L. GLADDEN STEPHEN MAGNER JOEY R. BEDOYA MATTHEW M. GOMEZ PATRICK M. MAJOR BRYAN V. BELLAMY ANDREW E. GONZALEZ ANTHONY P. MARANTE JOSE V. BERCEDONI MARIO A. GONZALEZGONZALEZ JESSE R. MARSALIS JASON A. BERDOU ERIC M. GOULDTHORPE JASON W. MARSHALL MARIA S. BERGER ROBYN A. GRAHAM ANGELICA R. MARTINEZ DANIEL J. BIDETTI JOSEPH A. GRANDE, JR. KATIE E. MATTHEW WALTER M. BIELECKI MIRANDA E. GRAVEL ROLAND L. MATTHEWS JAVIER F. BILBAO RHEA M. GREAVES SYBILY M. MAXAMROGERS CATRINA M. BLAIR JESSIE K. GRIFFITH III ANGELA C. MAXWELLBORGES RON L. BLANCH ADAM M. GRIM STANLEY C. MAYNARD BRYAN A. BLITCH ROBERT P. GRIMMING ASUERO N. MAYO, JR. DANGELO A. BLOUNT CHARLES G. GRISWOLD III MARLON MCBRIDE JAMES E. BLUMAN DOUGLAS B. GUARD MICHAEL A. MCBRIDE THOMAS R. BOLAND DANIEL E. GUNTER PAUL M. BONANO STEVEN D. GUTIERREZ GWENDOLYN A. MCCALL FREEMAN T. BONNETTE THOMAS W. HAAS JESSICA M. MCCALL JOSEPH M. BOROVICKA CHARLES E. HALL RICHARD C. MCCONICO PETER C. BOYER TODD C. HANKS SHANNON T. MCCRORY NIKEA M. BRAME ANDRELL J. HARDY JENNIFER MCDONOUGH RAYMOND D. BRAND KEVIN M. HARRIS STEPHEN P. MCGOWAN TROY C. BRANNON DARREN W. HASSE MATTHEW J. MCGRAW JEFFREY M. BRASHEAR JASON J. HAUSER CHRISTOPHER S. MCLEAN BERNITA F. BRIGGS JERROD E. HAWK BRETT M. MEDLIN MEGAN A. BROGDEN MICHAEL T. HEALY JONATHAN W. MEISEL KENNETH P. BROPHY HANNAH HEISHMAN CARLOS R. MENDEZ HENRY C. BROWN SCOTT E. HELMORE ANDREW J. MEYERS NOREEN A. BROWN TRACIE M. HENRYNEILL JASON L. MILES JEREMY BRUNET SERELDA L. HERBIN MARVIN B. MILLAR MIRYAM D. BRUNSON BROOK E. HESS SAMUEL R. MILLER JEFFREY M. BURNETT RONTARIO S. HICKS ZACHARY T. MILLER SAMUEL A. BURNS LUCAS S. HIGHTOWER JEFF R. MILNE PAUL F. BUSHEY CHRISTOPHER M. HILL ROGER C. MIRANDA WILLIAM H. BUTLER WILLIAM S. HOLLANDER III JOHN G. MISENHEIMER, JR. SIDNEY F. BYRNE, JR. DAVID L. HOSLER DAVID A. MITCHELL PETER A. CAGGIANO II JOHN A. HOTEK KEITH C. MIXON SHAWN M. CALVERT CATHERINE C. HOWARD JERRY R. MIZE MARK CAP CHRISTOPHER S. HOWSER FAMARLON L. MOBLEY JOSIEL CARRASQUILLOMORALES LONNIE R. HUSKEY KATHLEEN M. MOFFATT NICOLE M. CASAMASSIMA ANGELA B. HYSON LOVE L. MOODY YONG S. CHANG JEFFREY J. IGNATOWSKI CHRISTOPHER L. MOORE

VerDate Sep 11 2014 11:00 Oct 18, 2017 Jkt 069102 PO 00000 Frm 00081 Fmt 0686 Sfmt 9801 E:\FDSYS\BOUNDRECORD\S16SE8.REC S16SE8 ejoyner on DSK30MW082PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 19179

RICHARD B. MOORE DOMINIC J. TANGLAO DONALD K. BROOKS SHANE A. MORRIS ALLEN D. TAPLEY BYRON J. BROWN MICHAEL E. MORRISON BRECK A. TARR STEPHEN S. BROWN WALLACE K. MYERS III DAVID L. TAYLOR, JR. WILLIAM C. BROWN, JR. NINA L. NEWELL FRANYATE D. TAYLOR TROY A. BUPP RANDALL W. NEWMAN TROY W. TEMPLE TANYA L. BURKE MICHELLE D. NHAMBURE PAUL D. TEMPLETON JASON E. BURNS KYLE A. NODA MICHAEL J. TESS DANIEL G. BUSH DAVID N. NORMAND MICHAEL J. THIESFELD MALCOLM S. BUSH SHAWN M. OBRIEN HELEN A. THOMAS MICHAEL V. BUSH MUNIZ E. OTERO DAVID L. THOMPSON KEVIN K. CARLILE AARON M. OWENS LORAY THOMPSON WILLIAM E. CARRUTH KRISTOPHER K. PABOTOY STEPHEN A. THORPE CHRISTOPHER R. CARSON JOHN S. THYNG JOHN PADGETT CHRISTOPHER L. CASE ALVIN E. TILLEY, JR. ROSENDO PAGAN SUSAN A. CASTORINA DERRICK L. TOLBERT PHILBERT J. PALMORE EDWARD M. CERER JOSE A. TOLLINCHI ROBERT M. PARK SCOTT T. CHILDERS ANDREW J. TONG PETER A. PATTERSON CHRISTOPHER C. CHISHOLM MIGUEL A. TORRES MATTHEW C. PAUL MELVIN A. CHISOLM KESHA N. PEARSON TOMISHA A. TOSON ANDRE L. TOUSSAINT JASMIN S. CHO CURTIS S. PERKINS JOSEPH C. CHRETIEN WILLIAM C. PERKINS KEVIN J. TRAMONTE ANITA R. TREPANIER KOURT N. CLARKE HENRY PERRY III TIMOTHY M. CLAUSS ANTHONY J. PETE GEORGE TRONCOSO TIMOTHY S. TROYER CHRISTOPHER L. CLINE KEVIN D. PIERCE SEAN P. COAKLEY TARA C. PIERCE THOMAS J. TROYN LEILANI M. TYDINGCO RICHARD N. COBLE, JR. MARTIN P. PLYS, JR. DENNIS J. UTT JASON R. CODY KEVIN A. POOLE CHARLES R. VALENTINE CLAYTON P. COLEMAN DEWUANA L. POPE BERNARD D. VANBROCKLIN CRAIG C. COLUCCI EUGENE T. PORTER EARL D. VEGAFRIA JENNIFER J. COLVIN PHILLIP B. POTEET JOHN L. VELARDE, JR. JOSHUA J. CONNER KENDRICK R. POWELL JANELLE V. VERBECK JUSTIN D. CONSIDINE STEVEN POWER WILLIAM H. VICK, JR. KATHERINE A. COOK ELIZABETH M. POWERS ADRIAN J. VIELHAUER, JR. STEPHEN F. CORTEZ RICHARD A. PRAUSA LAMAR WAGNER JAMES A. COVINGTON, JR. JOHN K. PRICE CLAUDE E. WALKER GEOFFREY B. CRAFTS MATTHEW A. PRICE DAMON K. WALKER INGRID R. PRIVETTE THERESA K. CROSS BARRY L. WALSH, JR. ANTIONETTE N. PULLEY EDWIN D. CRUZ CENTRELL A. WATSON GRETA A. RAILSBACK MICHAEL E. CUSHWA STEPHEN R. WEBSTER ANDRES R. RAMIREZ III JOHN H. DABOLT IV JEREMY H. WEESTRAND ELDRED K. RAMTAHAL RICHARD J. DANGELO RANDALL T. WEISER DORIS L. RAWLS BRIAN L. DAVID MATTHEW W. WELCH JOSE L. RAYAESCUTIA DAVID P. DAVID KWANE E. WELCHER PETER M. RAYLS RICHARD A. DAVILA, JR. JESSE R. WENTWORTH II TRACIA T. REED BRIAN R. DAVIS MATTHEW R. WESTERN JASON L. RENNARD DENNIS C. DAVIS BRIDGET A. WETZLER JON O. REYES HEYWARD H. DAVIS STEPHANIE R. WHITE LUKE RICHARDS CHAD W. DEBOS ANTHONY K. WHITFIELD SEAN R. RICHARDSON JOHN S. DELONG, JR. THOMAS J. WHITLOW MICHAEL K. RILEY RAYMOND G. DELUCIO JOSEPH B. WILKERSON JAMES R. RITCH ANDREW C. DERMANOSKI SONDRA L. WILKERSON GEOVANNI S. RIVERA BRENDON K. DEVER KENNETH A. WILLEFORD BENJAMIN L. RIX INDIRA R. DONEGAN DENNIS F. WILLIAMS DOMINGOS S. ROBINSON JULIA M. DONLEY LARITA R. WILLIAMS LILLIAN A. ROBINSON RICHARD A. DORCHAK, JR. TERRENCE A. WILLIAMS VIRGIL G. ROBITZSCH NICOLE H. DORN MICHAEL S. WILLS MICHAEL C. RODOCKER MICHAEL B. DORSCHNER ANTHONY L. WILSON LEON L. ROGERS MATT G. DORSEY GORDON L. WILSON ORLANDO R. ROJASBANREY JONATHAN T. DRAKE JERORD E. WILSON GEORGE W. ROLLINSON ROBERT J. DUNLAP JOHNNY L. WILSON GILBERTO C. ROLON BRIAN P. DUNN KEITH WILSON ANGEL R. ROSADOPADILLA CHANTAL A. DUPUIS JOSEPH B. WOOLSEY JOSEPH L. ROSEN DENTON L. DYE MELVIN E. WRIGHTSIL CHRISTOPHER M. ROZHON AMY J. EASTBURG MICHAEL D. WROBLEWSKI RANEE J. RUBIO ANDREW D. ECKLUND JENNIFER R. ZAIS DINA D. RUCK KATHERINE C. ECKLUND MICHEAL A. ZWEIFEL ANDREW M. RUIZ HEINZ EDER THOMAS H. RUTH III ORM E. EL WALIYYUDDIN SABARI LAWRENCE S. EMMER JOHN V. SALLING THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JAMES R. ENOS SHAWN D. SANBORN TO THE GRADE INDICATED IN THE UNITED STATES ARMY DARIUS D. ERVIN GINA D. SANNICOLAS UNDER TITLE 10, U.S.C., SECTION 624: DEVIN H. ESELIUS MICHAEL A. SANSONE To be major JEFFREY R. ESSIG DONALD C. SANTILLO LEE A. EVANS NATHAN R. SAWYER STEPHEN L. ADAMSON REGINALD K. EVANS JOHN M. SCHMITT JOHN J. AGNELLO NEIL C. EVERINGHAM PATRICK M. SCHOOF JOHN M. AGUILAR, JR. JASON M. FAVERO WILLIAM S. SCHUYLER, JR. TAMMY L. AGUILAR CEDRIC L. FELTON RYAN A. SCHWANKHART MATTHEW J. ALDEN BENJAMIN J. FERNANDES LANGSTON L. SCOTT II ROBERT E. ALLEN RYAN D. FERRELL JAVIER SEPULVEDATORRES SHAWANDA D. AMERSON JEFFREY C. FERRO DONALD E. SHAWLEY, JR. JOSEPH E. ANDERSON ANTHONY M. FIELDS, JR. ROBERT E. SHEFNER JAKUB H. ANDREWS JASON C. FINCH DENNIS L. SHELDEN KEVIN T. ASHWORTH MICHAEL A. FINDLAY ERIC L. SHEPHERD LANCE D. AWBREY J K. FINK, JR. MICHAEL B. SHERIDAN CHARLES R. AYERS JAMES C. FINOCCHIARO JASON L. SHICK THOMAS A. BABBITT JENNIFER J. FISHER JESSICA A. SHUEY DUANE L. BAILEY DANIEL R. FITCH SAMSON T. SIDER DARBY S. BAIRD GREGORY B. FITCH BRUCE A. SKRABANEK JASON L. BALLINGER STANLEY FLORKOWSKI ALLEN M. SLITER MICHAEL J. BANCROFT NORA L. FLOTT ADAM D. SMITH PAUL T. BARBER CARL E. FOSTER III JEREMY D. SMITH TODD E. BAUMGARTEL ERIC S. FOWLER SCOTT A. SMITSON ALBERT E. BEHNKE GRAHAM M. FOX JOHN K. SNYDER CRAIG R. BENDER JAMES M. FREDERICK KIMBERLY A. SORENSON MICHAEL J. BENNETT DION FREEMAN JASON R. SOUZA JOSEPH E. BERG WILLIAM A. FROBE NICHOLAS T. SPORINSKY DONYA T. BEST BRIAN D. FRULAND PIERRE A. SPRATT ROBERT B. BEZDUCH CHAD W. FURNE SHANNON V. STAMBERSKY WAYNE L. BLAS SUSAN M. GALICH NATASHA N. STANDARD THOMAS J. BLOOMFIELD LUIS A. GARCIA DANIEL R. STANTON III TODD A. BOOK KEVIN W. GARFIELD ERIN M. STEWART CRYSTAL X. BORING JOSEPH L. GAWLIK LEWIS STEWART III DAVID M. BORNN MICHELLE R. GEORGE RONALD H. STEWART, JR. BRETT J. BOSTON WILLIAM L. GETTIG JEFFREY R. STRAUSS DAVID F. BOWERS HEATH A. GIESECKE JOHN B. STRINGER, JR. SHAWN A. BOYER KEITH M. GIESEKE LISA C. STUBBLEFIELDPEAK LEO F. BRENNAN III EVANS L. GILLIARD MARTIN L. STUFFLEBEAM ANASTASIA BRESLOWKYNASTON STEPHANIE E. GILLOGLY PATRICK C. STURGILL ROBERT E. BREWER CONNIE D. GLAZE THOMAS B. TABAKA SCOTT A. BRONIKOWSKI KELLY D. GLEASON

VerDate Sep 11 2014 11:00 Oct 18, 2017 Jkt 069102 PO 00000 Frm 00082 Fmt 0686 Sfmt 9801 E:\FDSYS\BOUNDRECORD\S16SE8.REC S16SE8 ejoyner on DSK30MW082PROD with BOUND RECORD 19180 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 September 16, 2008

ANDREW C. GODDARD CAMILLE L. MACK TIMOTHY J. ROOT STACY H. GODSHALL PAUL L. MAHER BRADLEY S. RUDDER DAVID M. GOHLICH NATHAN M. MANN CYRUS K. RUSS STAN L. GOLIGOSKI PHILLIP G. MANN KENNETH J. RUTKA, JR. JASON A. GONZALES KYLE B. MARCRUM MICHAEL S. RYAN NATHAN K. GOODALL ERIC J. MARION JIMMY C. SALAZAR JOSEPH C. GOODELL JOHN B. MARLEY BENJAMIN F. SANGSTER AARON S. GORRIE TIMOTHY B. MARLOWE ROBERTO J. SANTIAGO TEDD L. GOTH ALEXANDER MARRONE HERIBERTO SANTIAGOACEVEDO CASON S. GREEN STEPHEN M. MARSHALL DAVID N. SANTOS DANIEL S. GREEN NATHAN D. MARTIN DONALD W. SAPP KEVIN L. GRIMES DAVID W. MAYFIELD MICHAEL A. SAPP JOHN C. GRISWOLD MICHAEL C. MAYS RACHEL E. SARLES MATTHEW A. GROB BRIAN A. MCCALL ASSLAN SAYYAR BRIAN GUENTHENSPBERGER KYLE R. MCCANN KENNETH A. SCERBO ERIC H. HAAS CHRISTOPHER S. MCCLURE JOSEPH E. SCHAEFER JASON B. HAIGHT KEVIN J. MCCULLAGH JEFF F. SCHROEDER ROCKY A. HALEY MICHAEL E. MCINERNEY LLOYD D. SCOTT TAMIKA S. HALEY JOHNNY R. MCKINNON NELSON L. SEARS ROBERT E. HALL SHAWN P. MCMAHON TERESA L. SELPH SCOTT P. HANDLER SEAN D. MCMANUS CARLOS R. SEPULVEDATORRES JOHN J. HANES PATRICK B. MCNEACE NEERAJ SETHI DAVID B. HANSEN TIMOTHY T. MEASNER MICHAEL B. SHATTAN LEIF A. HANSEN THOMAS H. MELTON II RYAN L. SHAW EDMOND A. HARDY MARC T. MEYLE JOHN W. SHERMER CHARLES F. HARMON III ROBERT Y. MIHARA DAVID A. SHWIFF WILLIAM E. HARRAH, JR. JANIS C. MIKITS GUS SIETTAS DOUGLAS J. HARRIS CHRISTOPHER J. MILLER JAMES A. SINK EDD D. HARRISON, JR. ERIC W. MILLER DENNIS B. SLATON READUS HARTON III RICHARD S. MILLS II TERRY W. SLAYBAUGH DENISE R. HATCHER DANIEL P. MILO DAVID J. SMITH TOWYANGER J. HATCHER ANGEL I. MIRANDA SAMUEL P. SMITH, JR. BRIAN G. HAYES BOUNYASITH MITTHIVONG HOWARD M. SMYTH BRIAN P. HAYES STACEY L. MOLETT JAYSON R. SPANGLER CHARLES D. HAYES LILLIAN L. MONGAN DARREN A. SPAULDING DAVID C. HAZELTON TYPHANIE Y. MONTEMAYOR ROBERT J. SPIVEY ANTON J. HEDRICK WILLIAM C. MOODY GEOFFROY E. ST GAL DE PONS ELIZABETH J. HELLAND CYNTHIA L. MOORE ANTHONY M. STAFFORD ALEXCIE A. HERBERT CHRISTOPHER T. MORGAN SCOTT K. STAGNER EDWARD J. HERNANDEZ, JR. SCOTT M. MORGAN JULIAN P. STAMPS SCOTT A. HERZOG LOUIS A. MORRIS STEFFANIE STEELHAMMER DOUGLAS C. HESS TIMOTHY J. MORROW SORIN A. STEREA DUSTIN G. HEUMPHREUS LOUIS P. NAGEL JOHN C. STILLWELL KAREN B. HILL JASON M. NAGY GREGORY V. STONE ULEKEYA S. HILL GREGORY W. NAPOLI ROBERT W. STRACK HEATHER A. HILLS MICHAEL P. NEEDHAM CECIL A. STRICKLAND NATASHA M. HINDS JUAN C. NEGRON BRADLEY N. STROUP DAIGO HIRAYAMA DAVID L. NEWELL TROY L. SULLENS CHRISTOPHER L. HOBACK HAC D. NGUYEN MINDEE L. SUMMERS CHRISTOPHER S. HOBGOOD JACOB P. NINAS JORDON E. SWAIN BRADLEY S. HOBSON MARGARET A. NOWICKI JOHN SYERS JAMES M. HOFFMAN II ROBERT A. NOWICKI MONA A. TANNER JARED A. HOFFMAN JASON P. NUNNERY DAVID O. TAYLOR HANS W. HOGAN DAVID P. OAKLEY JANINE T. TAYLOR WILLIAM A. HOLCOMBE TIMOTHY S. OBRYANT TIMOTHY R. TAYLOR THOMAS M. HOOPER MARK A. OGLES WILLIAM C. TAYLOR IAN M. HOWARD IRVIN W. OLIVER, JR. MICHAEL J. TEMKO JAMES E. HOWELL III ELLIOT H. OLMSTEAD JASON L. THOMAS STEPHEN E. HUNT, JR. CRAIG T. OLSON MATTHEW J. THOMAS TIMOTHY A. HUNT MICHAEL T. OMEARA LESLIE W. THOMPSON TOD D. HUNTER FELICIA D. ONEAL RACHEL J. THORNE SCOTT A. HUTCHINSON JULIE A. OPYD JOSEF THRASH III ZACHARY P. HYLEMAN EDWARD ORTIZVAZQUEZ ALAN W. THROOP SEIVIRAK INSON JAMON B. OSBORNE STANLEY O. THURSTON ZACHARY T. IRVINE YAQUI M. OSELEN ANTHONY L. TINGLE LASHAUNDA R. JACKSON MARIBEL OSTERGAARD STEVEN L. TINGLEY ANDREW J. JASKOLSKI STERLING J. PACKER THOMAS E. TOLMAN ERNEST H. JENKINS ROMEL C. PAJIMULA ROBERT S. TOMPKINS MATTHEW R. JENSEN RAFAL PANASIUK CATARINA J. TRAN CHRISTOPHER L. JOHNSON KERI A. PASQUINI JOSHUA P. TRIGO CRAIG W. JOHNSON ROBERT G. PATTERSON, JR. DAVID D. TURNER KESTER L. JOHNSON GREGORY J. PAVLICHKO WILLIAM E. TURNER LONNIE D. JOHNSTON MATTHEW G. PECK JAMES A. UMBARGER DREVON M. JONES JAY D. PELLERIN JEFFREY B. VANSICKLE RAIN M. JONES CARLOS PENA, JR. KEITH S. VANYO BRYAN G. JUNTUNEN NICHOLAS W. PENNOLA JOE A. VARGAS BRANT E. KANANEN ROBERT C. PERRY, JR. ALEXANDER S. VINDMAN JAY L. KAUFMAN FOLDEN L. PETERSON, JR. CHARLES S. VORES KRISTY E. KELLY ERNEST S. PETROWSKY DAN R. WALKER, JR. ROY D. KEMPF PHAY B. PHROMMANY WAYNE B. WALL II TOMA KIM ROBERT R. PIETRAFESA KEITH W. WALTHALL BRADLEY G. KITTINGER JOSEPH W. PIOTROWSKI MARK E. WARDER GARY J. KLEIN BRIAN J. PLATT JOSEPH B. WARING, JR. STEVEN N. KOBAYASHI MICHAEL A. POE ALAN R. WARMBIER KENNETH S. KONDO, JR. JOHN F. POPIAK JASON W. WARREN ADAM M. KORDISH JEREMIAH K. PRAY NATHANIAL E. WATSON ANDREW M. KOVANEN CHRISTOPHER A. PRESSLEY DENNIS D. WATTERS, JR. SETH W. KOZAK DAVID J. PRICE JAMES R. WEARE JUSTINE S. KRUMM JEFFREY A. PROKOPOWICZ KEITH B. WEIDNER THOMAS J. KUCIK CARRIE L. PRZELSKI JAMES W. WELCH REBEKAH L. KURTZWEIL MANUEL F. PULIDO KARLA J. WENNINGER KRISTOFER H. KVAM GEORGE C. RANDOLPH, JR. AARON C. WENTWORTH VINCENT C. LAI ANGELA E. REBER BRIAN S. WESTERFIELD JEFFREY J. LAKNER JAMES A. REECE SHAWN E. WHITMORE KYLE W. LANDS JOHN M. REEDER JARROD P. WICKLINE PATRICK J. LANE KEVIN T. REEVES EARMON C. WILCHER III JOHN S. LANGFORD BLANCA E. REYES JAMES M. WILES JAMES F. LAWSON GILBERTO M. REYES PAUL M. WILLIAMS MICHAEL E. LAWSON ISMAEL REYES NORMAN L. WILSON II THANH V. LE STEVEN R. REYNNELLS LISA L. WINEGAR PATRICK Y. LEE MARK G. RIEVES CAROLYN A. WOOD PAUL B. LEMIEUX KEVIN T. RILEY JEFFERY A. WOOD LASHADA Q. LEWIS MELISSA A. RINGHISEN CLIFFORD M. WOODBURN CONWAY LIN BART C. RITCHEY KENNETH T. WOODS DAWN C. LONGWILL BRENDA F. RIVASSANDOVAL CHRISTOPHER L. WOOLDRIDGE MICHAEL D. LOVE ANDRE G. RIVIER DELVIN WOOLRIDGEJONES ROBERT C. LOVEJOY KILLAURIN O. ROBERTS DONOVAN WRIGHT CHRISTOPHER J. LOWRANCE MATTHEW U. ROBERTSON WILLIAM C. WRIGHT QUAN H. LU KEVIN D. ROBINSON, JR. JOHN R. WYATT POLARIS X. LUU THEODORE M. RODILL, JR. JOSEPH A. YOUNG THANG V. LY MICHAEL P. ROGOWSKI MICHAEL T. YOUNG MINH H. MA JOSEPH A. ROMAN WILLIAM T. YOUNG

VerDate Sep 11 2014 11:00 Oct 18, 2017 Jkt 069102 PO 00000 Frm 00083 Fmt 0686 Sfmt 9801 E:\FDSYS\BOUNDRECORD\S16SE8.REC S16SE8 ejoyner on DSK30MW082PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 19181

DANIEL W. ZANDER NICHOLAS T. BUGAJSKI PHILLIP L. EALY DOUGLAS W. ZIMMERMAN DERRICK T. BURDEN ERIC R. EAST YANCEY S. ZINKON WILLIAM BURDEN CHRISTOPHER I. EASTBURG RICHARD D. ZUBECK REED A. BURGGRABE STEVEN O. EASTMAN, JR. KEVIN BURKE CECIL A. EDWARDS LANCE K. BURNSIDE RAYMOND K. EDWARDS JEFFERY T. BURROUGHS SAMUEL G. EDWARDS DAVID J. BURSAC JONATHAN G. ELIAS AARON P. BUSH AARON C. ELLIOTT MICHAEL J. BUSTOS ROBERT L. ELLIOTT CRAIG W. BUTERA CHRISTOPHER M. ELLIS KARL R. BUTLER JOSEPH E. ELSNER KEVIN A. CABLE DANIEL C. ENSLEN MURPHY A. CAINE MICHAEL E. ENTREKIN CHAD W. CALDWELL ERIK A. ENYART PEDRO A. CAMACHO III CHARLES E. ERGENBRIGHT BRYAN W. CAMPBELL CRAIG L. EVANS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JENNIFER L. CANNAN CHARLES G. FAGERQUIST TO THE GRADE INDICATED IN THE UNITED STATES ARMY CHARLES H. CANON FRANK J. FAIR UNDER TITLE 10, U.S.C., SECTION 624: ANGEL M. CAREY BRIAN M. FARRELL CHRISTOPHER D. CARPENTIER To be major JENNIFER C. FARRELL KEITH L. CARTER CORY D. FASS MATTHEW T. ADAMCZYK JOHANNES E. CASTRO DENNIS W. FAULKNER DEVON F. ADKINSON, JR. LARRY D. CASWELL, JR. BRIAN B. FAYE RYAN P. AHRENDT ABIGAIL A. CATHELINEAUD BRIAN M. FECTEAU MARK A. CHANDLER MATTHEW J. ALBERTUS BRIAN A. FERGUSON HUGH L. CHARLESWALTERS GREGORY K. ALEXANDER TIMOTHY J. FERGUSON JUBERT J. CHAVEZ NATHAN G. ALLARD JOHN V. FERRY DONALD L. CHERRY, JR. KELLY T. ALLEN JAMES M. FEW WILLIAM D. CHESHER MARK R. ALLEN PLEAS B. FIELDS GEORGE E. CHITTENDEN III RAMON W. ALMODOVAR RICHARD M. FIERRO MATTHEW B. CHITTY TERRENCE J. ALVAREZ MICHAEL C. FIRMIN LAURENCE J. CHRISTIAN JUSTIN C. AMBURGEY JAMES E. FISCHER WILLIAM L. CHRISTOPHER JARED J. AMORE JAMES D. FITZGERALD DAVID A. CIESZYNSKI SPENCER M. ANDERSON ERIC L. FLADIE JEREMY J. CLARK OKERA G. ANYABWILE LAREN V. FLEMING DOUGLAS P. APRIL IAN R. CLAXTON GREGORIO H. FLORES, JR. JAMES E. ARMSTRONG III STEVEN D. CLAY JUDDSON C. FLORIS LAURENCE H. ARNOLD STEPHEN L. CLOWER ADAM J. FLORKOWSKI II WILLIAM I. ARNOLD, JR. CHRISTOPHER H. CLYDE DAVID A. FLOWERS SHERYL O. ATTILEE JUAN D. COBBS MICHAEL J. FOOTE CHRISTOPHER J. AUGUSTINE CLINTON R. CODY CHRISTOPHER J. AUGUSTINE GEOFFREY J. COLE CHARLES A. FORD JOHN M. AUTEN III BRYAN B. COLEMAN MICHAEL J. FORTENBERRY JASON B. AVERY DAVID S. COLLINS DAVID E. FOSTER RUBEN D. AYALA XAVIER COLON ROBERT L. FOSTER VICTOR M. BAEZAN III CHRISTOPHER A. COLSTER THOMAS J. FOURNIER MARC R. BAILEY CLAYTON L. COMBS GREGORY R. FOXX ANDREW J. BAKER JAVIER A. CONCHA MATTHEW F. FROMBACH JOHN L. BAKER, JR. MICHAEL R. CONDON DANIEL A. FUHR REGAN M. BALDWIN KRISTINA L. CONNELLY REID E. FURMAN MICHAEL L. BANDY JOSEPH F. CONNOLLY III JAMES F. GAFNEY SCOTT H. BARBER DREW R. CONOVER CHARLES P. GALLION JEROME A. BARBOUR GARY M. CONWAY TIMOTHY A. GANT KEITH A. BARCLAY CHRISTINA N. COOK JOHN D. GARCIA CHRISTOPHER M. BARLOW JAMES P. COOK CHRISTIAN S. GARLITZ RICHARD K. BARNES RUSSELL M. CORWIN SEAMUS P. GARRETT AARON D. BARREDA WILLIAM F. CORYELL BARRY D. GASKIN JEFFREY J. BARTA STEVEN M. COSTON TIMOTHY D. GATLIN DAVID P. BARTULA KEVIN M. COYNE BENJAMIN T. GATZKE BENJAMIN E. BATES JONATHAN W. CRAIG ROGER A. GAVRILUK MARK E. BATTJES JOYCE C. CRAIG KENNETH R. GAYLOR RICHARD E. BAYLIE JARED A. CRAIN FOWOOD M. GEBHART III TROY J. BEATTIE WILLIAM T. CRAVEN CASEY T. GEIST STEVEN P. BEAUDOIN JOSEPH A. CREA, JR. ANTHONY L. GEORGE RICHARD V. BEEVERS ROBERT H. CREASON MICHAEL J. GEORGE JONATHAN T. BELMONT TOMMY L. CRIBBS STEPHEN A. GERBER DANIEL K. BENSON MARK J. CROW LEXIE R. GIBBS III JOSEPH E. BENSON RODNEY W. CRUSOE JOHN G. GIBSON MICHAEL R. BERRIMAN AUSTIN S. CRUZ TAD A. GILBERT JOSHUA P. BERRYHILL BRENDAN J. CULLINAN ERIC J. GILGE ANTHONY J. BIANCHI AARON J. CULP JOHN B. GILLIAM TIMOTHY C. BIDDLE CLINT H. CUNNINGHAM ANTHONY F. GIORDANO JOHN BINKLEY JAMES E. CURLEE, JR. JESSE A. GODOY ELLIOTT J. BIRD JOE D. CURTIS THOMAS A. GOETTKE LOUIS L. BIRDWELL III KURT J. CYR ALBERT E. GOETZ III JOHN D. BISHOP KRISTEN N. DAHLE JOHN R. GOLDSWORTHY WILFRED M. BISSON JACOB P. DALTON AUGUSTINE C. GONZALES RHETT A. BLACKMON DERRICK T. DANIELS LUIS C. GONZALEZ SCOTT R. BLANCHARD TODD M. DANIELS MIGUEL A. GONZALEZQUINONES PATRICK D. BLANKENSHIP CLEMENT J. DANISH JONATHAN P. GRAEBENER WINN S. BLANTON KENNETH R. DARNALL PAUL M. GRANT RICHARD J. BLOCK ARNEL P. DAVID PATRICK J. GRAY CRAIG A. BLOW ROBERT E. DAVIDSON PETER M. GRAY ERNEST R. BOATNER HENRY B. DAVIS IV CHARLES A. GREEN JEFFREY A. BOGAERTS IAN S. DAVIS CULLUM P. GREENE EVERETT R. BOGLE JOHN B. DAVIS III MATTHEW R. GREGORY ANTHONY M. BONARTI, JR. JOSEPH P. DAVIS BRANDON S. GRIFFIN MICHAEL J. BOUSSELOT MATTHEW R. DAVIS RANDY E. GRIFFITHS CHARLES D. BOVEY III VICTOR D. DEESE JOSIAH T. GROVER MARTIN J. BOWLING LEE F. DEJESUSRIVERA PATRICK B. GROW KEVIN B. BOWMAN CHRISTOPHER J. DEMURE JEANPAUL A. GUERARD VICTOR E. BOWMAN MICHAEL C. DENEHY TERRY D. HAHN DEL P. BOYER DEREK J. DENNY LAMONT R. HALE JERRY L. BRADLEY, JR. PAUL L. DENSON DANIEL S. HALL JAMES J. BRADY, JR. TERRANCE D. DEUEL SARA M. HALLBERG MATTHEW F. BRADY ETHAN P. DIAL LARRY C. HALSEY RICHARD E. BRATTON III PABLO F. DIAZ ERIC E. HALSTROM JEFFREY T. BRAUN JEFFREY P. DIMARZIO ALISON M. HAMILTON WAYNE R. BRIGGS ETHAN J. DIVEN BRET M. HAMILTON AARON D. BRIGHT AARON B. DIXON JOSEPH R. HAMMOND JAMES B. BRINDLE STEPHEN G. DOBBINS LUKE M. HAMMOND MICHAEL A. BROCK THOMAS P. DONATELLE CHRISTOPHER C. HAMMONDS MICHAEL D. BROMUND PATRICK A. DOUGLAS ALAN M. HAMMONS NICOLE A. BROOKS GABRIEL R. DOWNEY II CHRISTOPHER M. HANDY KEVIN W. BROWN EDWARD M. DOWNS, JR. THOMAS J. HANIFEN MATTHEW M. BROWN SEAN W. DOYNE CLINTON D. HANNA NATHAN S. BROWN JASON R. DUNKELBERGER JODY D. HANSEN SONJA L. BRUCE ANN M. DUNSCOMBE WILLIAM G. HANSEN JOSEPH G. BRUHL DAMON J. DURALL NELS A. HANSON MARK A. BRZOZOWSKI KENNETH M. DWYER RYAN M. HANSON TROY C. BUCHER SCOTT M. DYKES JAMES C. HARBRIDGE

VerDate Sep 11 2014 11:00 Oct 18, 2017 Jkt 069102 PO 00000 Frm 00084 Fmt 0686 Sfmt 9801 E:\FDSYS\BOUNDRECORD\S16SE8.REC S16SE8 ejoyner on DSK30MW082PROD with BOUND RECORD 19182 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 September 16, 2008

ERNEST J. HARRELL III MICHAEL P. LACHANCE ERNEST C. MINICHELLO ELLIOTT R. HARRIS DANIEL J. LAFOUNTAIN DANIEL D. MITCHELL JONPAUL J. HART SETH J. LALIBERTY GEORGE A. MITROKA III JONATHAN P. HARVEY TYMON J. LAMAR JEFFREY D. MIX WILLIAM J. HARVEY RACHAPOL LAMEE CASEY M. MOES JAMES P. HARWELL MATTHEW A. LANDRUM BRYAN M. MOFFATT SHAWN C. HATCH CONNIE M. LANE NATHAN A. MOLICA JIMMY L. HATHAWAY JARRED M. LANG TRAVIS F. MOLLIERE JOEL T. HEATH JEFFREY A. LAPLANTE SHAWN P. MONIEN RYAN R. HEBERT MICHAEL P. LARKIN RICHARD D. MONROE PATRICK T. HEMMER EDWARD B. LAROSA HECTOR A. MONTEMAYOR STEPHEN W. HENDERSON EDUARDO J. LARUMBE TOMAS I. MOORE DANIEL J. HERLIHY IAN J. LAUER BENJAMIN L. MORALES WILLIAM C. HERRERA JASON C. LAUER DAVID W. MORGAN RICHARD M. HEWITT STEPHEN T. LAVALLE JOHN D. MORIS LAWRENCE A. HICKS ERIC J. LAWLESS KENNETH S. MORLEY MICHAEL J. HIGGINS HARRIS T. LAWRENCE III JOHN A. MORRIS III WILLIAM M. HIGGINS JOSEPH E. LEACH SHELDON A. MORRIS RICHARD S. HILDEN ALEXANDER R. LEE ERIC A. MORTON ERNEST A. HILL MARK D. LEHENBAUER JAMES M. MOSS RONALD T. HINKLE JOSEPH E. LENDO KYLE T. MOULTON WESLEY H. HIRAOKA ANDREW J. LENNOX CHRISTOPHER MUGAVERO JAMES H. HITE IV JONPAUL A. LEOS BRIAN G. MUMFREY MATTHEW B. HOLMES CHRISTOPHER D. LHEUREUX ZACHARY J. MUNDELL BRIAN A. HOOKS JOSEPH A. LIEBNER ARTURO R. MURGUIA MARK W. HOPKINS ROBERT D. LINDENAU NEIL J. MYRES JOHN P. HORNING STEWART C. LINDSAY JOSHUA A. NANES KRISTOPHER H. HOWELL CHARLES M. LINGENFELTER BRADLEY S. NELSON WILBUR W. HSU JEREMY F. LINNEY KURT L. NELSON NATHAN M. HUBBARD GARETH R. LINTT MICHAEL D. NELSON DAVID M. HUDSON DAVID W. LINVILLE PATRICK R. NELSON TIMOTHY P. HUDSON DENNIS O. LOCKHART PETER C. NELSON HENRY L. HUNGERBEELER MICHAEL T. LOFTUS RYAN B. NELSON MICHAEL A. HUNTER MICHAEL A. LONG SCOTT J. NELSON DON P. HURSEY TODD L. LOONEY JOHN T. NEWMAN THOMAS L. HUSSEY FRANCISCO J. LOPEZ ANTHONY NICOLOPOULOS MATTHEW D. HUSTEAD SCOTT E. LORIA CECIL C. NIX IV PATRICK J. HUSTED BRADLEY S. LOUDON TOM M. NOBLE ROBIN D. HUSTED HARVEY R. LOWELL MARK A. NORDWALL RHEA H. HUTCHINS SEAN P. LUCAS LISA T. NORTHUP DANIEL P. HUYNH JAY T. LUCKRITZ CHRISTOPHER S. NUNN TIMOTHY A. HYDE GENE C. LUTZ BRIAN A. OBERG BRANDON J. IKER SHARON R. LYGHT DEREK K. ODOM RICHARD N. INCE KENT M. MACGREGOR BRIAN W. OERTEL JEFFREY W. IRVING SIMON A. MACIOCH DAVID J. OHEARN TODD D. ISREAL KEITH P. MADERE GREGORY M. OHMAN DAVID M. JACKSON CHRIS J. MAESTAS ERIC M. OLSEN BRIAN A. JACOBS CARRIE L. MAGAOAY PAUL A. OLSEN ERIC JACOBSON MICHAEL W. MAGER GREGG T. OLSOWY TRAVIS R. JADLOT DON T. MAKAY ROBERT H. OLSZEWSKI TIMOTHY R. JAEGER SARITA MALIK RAMON J. OSORIO COREY M. JAMES JOSEPH P. MALONE KARLA S. OWEN KEVIN L. JAMES JOSEPH R. MALONE JOHN W. PAGE ERIC M. JANKOWSKI PATRICK J. MALONE JONATHAN M. PALIN NICOLINE K. JARAMILLO MIKEL P. MALONEY ANDY J. PANNIER MATTHEW J. JEMMOTT JAMES A. MARCHAND TERRY W. PARISHER, JR. SHOSHANNAH B. JENNI TOD T. MARCHAND KENT W. PARK WHITNEY O. JENSEN ALBERT J. MARCKWARDT JEROME A. PARKER EDGAR A. JIMENEZ ERIC W. MARHOVER KEKICO L. PATTERSON AARON J. JOHNSON CHRISTIAN M. MARIANI ROBERT A. PAUL CAYTON L. JOHNSON CORY H. MARLOWE KEVIN M. PAYNE DARREN JOHNSON WILLIAM J. MARM JAMES H. PEAY IV ERIC B. JOHNSON KIRSTEN G. MARQUIS MICHAEL M. PECINA RICHARD B. JOHNSON GABRIEL M. MARRIOTT KELVIN R. PENNILL TODD A. JOHNSON BRYAN M. MARTIN DAVID R. PERRY JONATHAN J. JOHNSTON RACHELLE M. MARTINEZ MICHAEL E. PERSIN BRYAN C. JONES JOSEPH M. MARTUSCELLI TIMOTHY N. PETERMAN CHRISTOPHER B. JONES WENDELL J. MASSEY HIEU T. PHAM CULLEN A. JONES JORDAN H. MASTROIANNI JENNIFER A. PHELPS HUGH W. JONES LINDSAY R. MATTHEWS KENNETH J. PHILLIPS KENNETH R. JONES RYAN G. MAYFIELD PALMER Y. PHILLIPS ROBERT R. JONES ANDREW P. MCCORMICK RICHARD C. PHILLIPS WILLIAM JONES GARY W. MCCORMICK JASON A. PIERI KIRK J. JUNKER MICHAEL J. MCDERMOTT JAMES C. PILKAUSKAS DAVID J. KACZMAREK ADRIENNE T. MCDONALD TODD F. POLK JOHN J. KAIKKONEN STEFAN R. MCFARLAND NORMAN L. POLLOCK JOSEPH A. KATZ CHARLES J. MCGARRY MICHAEL A. PORCELLI CRISTIAN A. KEELS MARGARET L. MCGUNEGLE PHILLIP D. PORTER COLLIN K. KEENAN STEVEN B. MCGUNEGLE AARON M. POULIN JIM D. KEIRSEY GEORGE C. MCINGVALE III CARL A. PRECIADO CURTIS J. KELLOGG JAY A. MCISAAC ERIC R. PRIBYLA MATTHEW F. KELLY IAN J. MCKENNA MARIUS D. PRICE BYRON L. KEMP BRENT A. MCKINNEY DARRYL E. PRIEST RYAN C. KENDALL JAMES M. MCKNIGHT KIMBERLEE D. PROCTOR THOMAS E. KENNEDY ERIC C. MCMILLAN KEVIN R. PUGH BARBARA KENT SHAUNELL L. MCMILLAN ISAAC J. RADEMACHER DANIEL R. KENT ROBERT B. MCNELLIS GREGORY G. RALLS ADAM R. KEOWN CHRISTOPHER E. MCNUTT ALFONSO E. RAMIREZ DAVID W. KERR MATTHEW P. MCQUILTON MOISES RAMIREZ JEFFREY J. KERSEY GLENN C. MCQUOWN III BART D. RANSONE KEVIN J. KEY CASSIUS M. MCRAE MATTHEW S. RASMUSSEN BRYAN R. KILBRIDE DAVID O. MCRAE JOHN M. RASO ADISA T. KING BRANDON R. MCWILLIAMS ARIC J. RAUS LESHON K. KING CLINTON P. MEAD TRAVIS J. RAYFIELD CHRISTOPHER J. KIRKPATRICK DANIELLE R. MEDAGLIA THEODORE P. REAM ANDREW J. KISER BRIAN H. MEHAN MICHAEL G. REBER ERIK A. KJONNEROD NICHOLAS O. MELIN GERALD J. REBESCHINI CHRISTOPHER D. KLEIN ERIC G. MELLOH JOHN A. REDFORD SAMUEL W. KLINE CRAIG M. MICHEL ERIC R. REDLIN JONATHAN S. KLUCK CHRISTOPHER J. MIDBERRY JENNIFER D. REED ELZBIETA KMIECIK STEPHEN P. MIDKIFF THAO B. REED ANDREW J. KNIGHT ROBERT J. MILAN, JR. ARLO J. REESE BRIAN S. KOHLER JOEL MILLAN MORGAN B. REESE ERIC A. KREADY AARON J. MILLER CHRISTOPHER E. REICH STEVEN L. KREH MARY K. MILLER MATTHEW C. REINHARDT CHRISTINA J. KRETCHMAN MICHAEL S. MILLER ALEXANDER C. RENDON WILLIAM A. KRON STEPHEN E. MILLER JOSHUA R. RICHARDSON JAMES L. KRUEGER STEVEN L. MILLER ROBERT W. RICHARDSON NATHAN P. KRUMP TRAVIS W. MILLS CHRISTOPHER A. RICHIE KWENTON K. KUHLMAN TROY A. MILLS JEREMY S. RIEGEL JOSHUA A. KURTZMAN MICHAEL L. MINCE RANDY R. RIKER JOSEPH LABARBERA JOHN D. MINI JAVIER E. RIVERACAMACHO

VerDate Sep 11 2014 11:00 Oct 18, 2017 Jkt 069102 PO 00000 Frm 00085 Fmt 0686 Sfmt 9801 E:\FDSYS\BOUNDRECORD\S16SE8.REC S16SE8 ejoyner on DSK30MW082PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 14 19183

DAMON S. ROBINS WILLIAM H. SNOOK JAMES W. UPTGRAFT II TYWANA D. ROBINSON JOSHUA A. SNYDER JULIAN T. URQUIDEZ KENNETH P. ROCKWELL KENT G. SOLHEIM LUCAS S. VANANTWERP MICHAEL W. RODDEY HYOKOOK SONG DANIEL V. VANEVERY STACY E. RODGERS DERRICK J. SONNIER MARCUS R. VARTAN EDUARDO D. RODRIGUEZ JOSHUA B. SOPER BRADLEY C. VELOTTA MARIA RODRIGUEZSHELLHAMER MARIO A. SOTO JASON V. VENNE DOUGLAS B. ROGERS AARON C. STACHEL DAVID F. VODARICK, JR. TIMMY L. ROSE ANDREW C. STAIANO MICHAEL J. VOTCA TIMOTHY J. ROSE CLAYTON L. STANLEY RYAN K. WAINWRIGHT JASON H. ROSENSTRAUCH MATTHEW C. STANLEY MICHAEL W. WALKER ULF R. ROTA ROBERT C. STANTON, JR. ROBERT W. WALKER DAVID B. ROWLAND ANDREW D. STAPLES STEPHEN C. WALKER MATTHEW R. RUCKMAN ROBERT D. STEINFORT GREGORY A. WALLSTEN JOSHUA R. RUISANCHEZ DAVID R. STEWART JASON D. WALTERS SHAWN P. RUSSELL RICHARD A. STEWART MILES D. WALZ TIMOTHY D. RUSTAD BRIAN J. STICKNEY JOHN L. WATERS CRAIG M. RUZICKI PERRY O. STIEMKE MARIANO C. WECER AARON J. SADUSKY MICHAEL A. STONE GREGORY SAKIMURA GREGORY STOPYRA CHRISTOPHER J. WEHRI ROBERTO SALAS JOHN C. STROH III JOHN C. WELCH KEVIN A. SALGE JUDSON C. STROM SCOTT D. WENCE JASON V. SAMA BRENDAN E. SULLIVAN ROBERT J. WEST DAVID R. SANDOVAL BRIAN J. SULLIVAN MICHAEL V. WESTERHAUS RONALD R. SARGENT II SHAWN D. SUMTER JOSEPH E. WESTERMAN VICTOR R. SATTERLUND BRIAN E. SUPKO JAMES A. WESTGATE BRIAN R. SAUL JOHNNY R. SUTTON III ALAN A. WETZSTEIN WILLIAM A. SAVAGE BRIAN M. SWEIGART KEVIN P. WHITE BRIAN D. SAWSER JEREM G. SWENDDAL CARL D. WHITMAN, JR. ADAM M. SAWYER SCOTT F. SWILLEY COURTENAY J. WHITMAN DANIEL B. SAYRE NATHAN E. SWINDLER ANNETTE WHITTENBERGER MICHAEL A. SCHAAD GABRIEL A. SZODY CABEL N. WHORTON VICTOR H. SCHARSTEIN DAVID H. SZYMANSKI BRETT A. WIERSMA NICHOLAS C. SCHENCK JONATHAN P. TACKABERRY ANDREW J. WIKER RAYMOND J. SCHMOTZER DANIEL J. TAPHORN DOUGLAS S. WILBUR RYAN L. SCHROCK GEORGE T. TATUM JEFF M. WILBUR RAE E. SCHULTZ BENJAMIN A. TAYLOR JOHN M. WILCOX DAMON T. SCHWAN KEVIN R. TAYLOR CHRISTOPHER M. WILKINSON JOSEPH D. SCHWANKHAUS RICHARD P. TAYLOR TERRENCE C. WILLETT KHIRSTEN T. SCHWENN TRAVIS H. TAYLOR CHARLES M. WILLIAMS KENNETH SCILLIERI FRANK TEDESCHI COLIN J. WILLIAMS JAMES H. SCOTT III JENNIFER V. THIBEAULT DANI S. WILLIAMS SEANEGAN P. SCULLEY JOSHUA W. THIBEAULT FREDRICK O. WILLIAMS EUGENE D. SEITER III JOSHUA P. THIEL MATT C. WILLIAMS AARON C. SESSOMS JON K. THIESSEN ARLIN R. WILSHER III JUSTIN J. SHAFFER CHRISTOPHER J. THOENDEL JOHN D. WINGEART RIZWAN A. SHAH DOUGLAS M. THOMAS CHAD J. WITHERELL DEVAN J. SHANNON RICKY A. THOMAS CARL H. WOHLFEIL SHERRI L. SHARPE ISRAEL A. THOMPSON MARTIN A. WOHLGEMUTH TRAVIS D. SHAVER JARED A. THOMPSON BRYAN D. WOODS ROBERT M. SHAW MASON D. THOMPSON BRYAN T. WOODY JOSEPH J. SHIMERDLA RICHARD B. THOMPSON GARLAND J. WOOLFOLK COURTNEY A. SHORT DAVID S. THRAPP FREDRICK J. WRIGHT, JR. DAVID E. SHORT DAVID J. TIER MARCUS W. WRIGHT MICHAEL J. SIEBER BENJAMIN L. TIPTON BRIAN E. YANOWSKI SCOTT F. SIEGFRIED ERIC L. TISLAND MATTHEW C. YIENGST DAVID N. SIMMS WILLIAM J. TOLBERT CHRISTOPHER T. YOUNG PETER F. SIMMS JASON C. TOOLE JOY A. YOUNG MATTHEW T. SIMS WILLIAM R. TORREY BRION D. YOUTZ SCOTT C. SINCLAIR ERIC A. TRESCHL JAMES A. ZANELLA ANDREW M. SLACK BYRON M. TREXLER JONATHAN D. ZEPPA LARRY W. SMALLS MAXIMILIAN TRKULJA JONATHAN S. ZIMMER ADAM P. SMITH KEVIN M. TRUJILLO DANIEL V. ZOFKIE KENNETH D. SMITH JAMEY C. TURNER JAMES E. ZOIZACK MATTHEW B. SMITH JESSE E. TWEED III RONALD C. SMITH JOHN M. TYLER SCOTT C. SMITH ROBERT E. UNDERWOOD III

VerDate Sep 11 2014 11:00 Oct 18, 2017 Jkt 069102 PO 00000 Frm 00086 Fmt 0686 Sfmt 9801 E:\FDSYS\BOUNDRECORD\S16SE8.REC S16SE8 ejoyner on DSK30MW082PROD with BOUND RECORD 19184 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 September 16, 2008 HOUSE OF REPRESENTATIVES—Tuesday, September 16, 2008

The House met at 9 a.m. and was What’s next? This is a question we the President has arranged for the called to order by the Speaker pro tem- can begin to answer. What’s next is American people to pick up the tab. pore (Ms. SOLIS). that the American people are going to The American financial crisis is the f be on the hook for the Bush problem culmination of Republican economic for the next generation, and in so many policies. Spend freely, lower taxes, and DESIGNATION OF SPEAKER PRO ways will have to pay much of the fi- don’t ask anybody to make any kind of TEMPORE nancial mess. sacrifice for a war. Just spend. They The SPEAKER pro tempore laid be- The last 8 years of this administra- got what they wanted, and left the fore the House the following commu- tion, they did everything they could to American people holding the bag, and nication from the Speaker: eliminate, gut, stymie, and ignore re- the tab. WASHINGTON, DC, sponsibility for regulatory oversight by The next administration will not September 16, 2008. the Federal Government. This adminis- only have to rebuild America’s moral I hereby appoint the Honorable HILDA L. tration worshipped at the altar of the leadership in the world, we will have to SOLIS to act as Speaker pro tempore on this free enterprise system and the market. rebuild America’s economic system day. The President wanted the gold, but and the confidence here at home. The NANCY PELOSI, legacy of this President is clear. He Speaker of the House of Representatives. without a standard. Republicans did everything they took the ‘‘free’’ out of the free enter- f could to let the financial industry do prise system, and instead billed it to MORNING-HOUR DEBATE anything it wanted, regardless of con- the American people. Madam Speaker, we can’t wait to The SPEAKER pro tempore. Pursu- sequence. At the same time, the admin- have the change that BARACK OBAMA istration made clear in its Federal ap- ant to the order of the House of Janu- will bring for this country. ary 4, 2007, the Chair will now recog- pointments they wanted Federal regu- [From the New York Times, Sept. 14, 2008] nize Members from lists submitted by latory agencies on the sidelines. BAILOUT HIDE AND SEEK the majority and minority leaders for Without government oversight watching out for the interests of the On Friday, less than a week after the gov- morning-hour debate. ernment took control of Fannie Mae and The Chair will alternate recognition American people, the industry turned Freddie Mac, the White House announced between the parties, with each party free rein into freewheeling, irrespon- that there is no reason at this time to ac- limited to 25 minutes and each Mem- sible policies. When the dominoes count for the companies in the federal budg- ber, other than the majority and mi- began to fall, the administration et. That is great news for officials who prefer nority leaders and the minority whip, stepped in to charge billions for bail- to hide the cost of the bailout since it is due, limited to 5 minutes, but in no event outs to the American people. And it’s in large part, to their failure to adequately not over yet. regulate the financial markets and steward shall debate continue beyond 9:50 a.m. the economy. But it is an insult to tax- f The current financial crisis is the payers, whose money is at risk, and it is a worst in decades, and yet the shell reckless gambit. TAKING THE ‘‘FREE’’ OUT OF THE game goes on. The administration The Congressional Budget Office reported FREE ENTERPRISE SYSTEM wants to hide the extent of the damon Tuesday that the government’s finances The SPEAKER pro tempore. The age, the risk, and the burden on the are deteriorating rapidly: the budget deficit Chair recognizes the gentleman from American people. for this year is expected to reach $407 billion, more than double last year’s shortfall, and Washington (Mr. MCDERMOTT) for 5 I would like to enter into the RECORD to exceed $500 billion in 2009. The takeover of minutes. the lead Sunday editorial in the New Fannie and Freddie, necessary though it is, Mr. MCDERMOTT. Madam Speaker, York Times, called: Bailout Hide and will add to the deterioration. Airbrushing this is a propitious day. The market Seek. that away will only open the door to unin- dropped 500 points yesterday, the larg- The Federal budget deficit has formed—or negligent—decisions on spending est drop since 2001. The economic and swelled to more than $400 billion, and and tax cuts. regulatory policies of this President is headed for $500 billion, but the ad- The White House says that the extent of has certainly taken the ‘‘free’’ out of ministration wants to keep the cost of the government’s control of Fannie and the free enterprise system. Across the bailouts off the Federal books. Freddie does not warrant including the companies’ operations in the budget. That is ab- America, the dominoes are falling. They want to hide the magnitude of surd. The government has seized the compa- Bear Stearns fell a few months ago; the crisis and their duplicity in making nies, firing their executives and installing Fannie Mae, Freddie Mac, a week ago; it possible for the last 8 years of eco- new ones, offering to invest up to $200 billion a distress sale of Merrill Lynch over nomic abandonment. in the companies if necessary, and most sig- the weekend; Lehman Brothers is look- Things are so bad that no one can ac- nificant, making an ironclad promise to pay ing for bankruptcy on Monday morn- curately predict what the cost will be their trillions of dollars in obligations, if ing; and the auto industry is looking or how much the American people have need be. The White House also claims that for another $25 million in bailout; and been saddled with. The only thing the the risk to taxpayers is not yet serious enough to require that the costs be shown in AIG wants a $40 billion bridge loan administration keeps saying is, Charge the budget. But there is a very real cost to from the Federal Reserve. The stock it to the American people. Just like guaranteeing the obligations of Fannie and market, as I say, went down 500 points the Iraq war, which is adding up to a Freddie, even if the government never has to yesterday. No one really thinks we can trillion-dollar tab. cough up a penny. The taxpayer is on the see the light at the end of the tunnel. This President misspent the public hook while the guarantee is outstanding— Who’s next? We can’t answer that trust and squandered the full faith and and the Treasury says that will last past question of who is next, other than to credit of the American people. The Dec. 31, 2009, when its bailout authority offi- cially ends. say an awful lot of people in the finan- bills just keep coming due after the ad- The Congressional Budget Office has said cial industry are working nights and ministration leaves office. They say in that it will calculate the cost of taxpayers’ weekends to assess their exposure, and business: There’s no such thing as a risk and include it in its version of the budg- do damage control, if possible. free lunch. What they don’t say is that et, which is separate from the White House

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00001 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.000 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 19185 version of the budget. Having conflicting districts far better than these faceless body as a whole, will be able to even budgets is hardly a good way to restore con- bureaucrats in the administration, and question it. fidence in the government’s financial man- that somehow, having Members of Con- There’s also something called a Cold agement. But the C.B.O. accounting will pre- gress sneak a secretive earmark into a Weather Layering System. That is usu- vent the White House from saying, in effect, ‘‘yes, bondholders, your investments are conference report, is somehow better ally a highfalutin word for a coat. fully guaranteed, but you, dear taxpayers, than having the administration decide Sometimes gloves are put in here under don’t worry, it costs you nothing.’’ As the where that money is spent. big names about hand-warming sys- government (read: taxpayers) assumes addi- Now I am not here to defend bureau- tems, or whatever else, when it tional risks, it is more important than ever crats or to defend the spending of shouldn’t be funded in the defense bill to get the accounting right. Accurately re- money, but I can tell you it’s not a at all. flecting the budget cost of the Fannie and good process when Members of Con- Another one, University Strategic Freddie bailout would not lead to an explo- gress can put an item in a bill and have Partnerships, Renewable Carbon Fuel sion in public debt. Prudent accounting, accurately applied, would limit the amount so little scrutiny, and what tends to from Algae. These may be good that must be counted against the nation’s happen is those who are up on the food projects, but they shouldn’t be in the overall debt ceiling. Accurately accounting chain in Congress, those on the Appro- defense bill. for risk would limit the cost of making good priations Committee, those who are in f on the companies’ obligations to a figure leadership positions, committee chairs, CLEAN ENERGY ECONOMY that reflects the likelihood of taxpayers ac- tend to get a disproportionate number tually having to pay up. of earmarks. The SPEAKER pro tempore. The No one yet knows the ultimate cost of the So the argument that earmarks go to Chair recognizes the gentleman from bailout, but it is already more than zero. places because Members of Congress Washington (Mr. INSLEE) for 5 minutes. f know their districts better than face- Mr. INSLEE. I have come this morning to take issue with a comment by DEFENSE APPROPRIATIONS less bureaucrats really means that whoever has the power in this body one of the candidates for President The SPEAKER pro tempore. The gets the earmarks. about how our economy is doing fine, Chair recognizes the gentleman from Let me demonstrate a little here. Of the fundamentals are strong. I want to Arizona (Mr. FLAKE) for 5 minutes. the 1,200 earmarks tucked into the full say that we have to do some major Mr. FLAKE. Madam Speaker, I rise committee report of this bill, it’s work rebuilding our economy and re- this morning just to shed a little light worth about $2.8 billion. Of these ear- building millions of jobs, and that we on the defense bill we may or may not marks, more than 400 go directly to will have a bill on the floor this week be considering this year in the next Members who sit on the Appropriations that we will propose to restore eco- week or so. There’s a rumor going Committee. An additional 111 are asso- nomic growth by rebuilding a new, around that the defense bill might even ciated with appropriators. These are clean energy economy for America. be brought to the floor without going earmarks that were requested by that We believe that we need to have a through a full Appropriations Com- appropriator, as well as a few other new birth of whole new industries in mittee markup. Members. America to start to replace the hem- Now that is troubling in itself, but I would remind my colleagues that orrhaging of jobs that we have suffered, what is more troubling is that there appropriators make up 15 percent of and we believe that we can do this by are some 1,200 earmarks in this defense the Members in this body. Yet, in this building green collar jobs and a whole appropriation bill that very few Mem- bill, appropriators alone are taking 44 new clean economy for America. bers of this body have actually even percent of the earmarks. Again, just 15 In the next few days, we will be pro- seen. That list has been passed around percent of the Members of the body, posing to the House a comprehensive to Appropriations Committee mem- and 44 percent of the earmarks. energy bill that will be focused on bers. A few members of the press have When you translate that into actual building new jobs in America. And we seen it. Our office managed to see a dollar amounts, appropriators are tak- think Americans deserve this. We copy of the report. But virtually no- ing $1.6 billion taxpayer dollars back to think Americans are ready for this. body else has seen it. That is 1,200 ear- their district. This represents 48 per- And we think it is an American des- marks. For all the talk about trans- cent of the total dollars earmarked in tiny, as we were the arsenal of democ- parency and a new process and where this massive appropriations bill. racy in World War II, to now become these earmarks will be vetted, we see So what we have here, Madam Speak- the arsenal of clean energy for the very little of that here. er, is a spoils system. It’s not any high- world. I have been troubled for a long time minded, I know my district better than I want to talk about some of the at the number of earmarks that go some faceless bureaucrat. It’s, If I am things I’ve learned just in the last few through this body. A lot of people have an appropriator, or I am in a leadership months about our ability to grow a new been troubled. The whole country is position, I’m in a good position to get clean energy economy in the world. troubled by the number of earmarks these earmarks. I’d like to refer to a photograph that go through this body without real- Let me just run through a couple of taken a few weeks ago in Golden, Colo- ly even being seen and without any- the earmarks in the bill. This is a de- rado. This is a photograph taken at the body knowing what they are about. fense bill. The purpose of this appro- National Renewable Energy Lab. This It’s not just the money that is spent. priation bill is to fund our troops and lab is vested with the charge to help We all know that earmarks leverage to fund our defense. Yet, we have, for build new technologies to grow new higher spending everywhere else. Be- example, something called the Presidio jobs in America. I want to report this cause once you get an earmark in an Heritage Center in California. It may picture, I think, encapsulates the po- appropriation bill, then you’re really be a worthy project. It may be some- tential future for the American trans- obligated, almost obligated, to vote for thing a local government or local peo- portation system and the American that entire bill, no matter how bloated ple want to fund, but why in the world new energy system to drive jobs in that that bill becomes. So you see higher the Congress is funding it in the de- direction. spending everywhere else. Also, ear- fense bill, I just don’t know. This is a photograph of a photo- marks are put in unrelated bills in But if this bill comes to the floor voltaic array, this panel here that is order to garner votes for other bills. without being marked up in com- mounted on this pedestal. On the other But let me just talk about the defense mittee, nobody will be able to chal- side of this metal is a photovoltaic bill here just a minute. lenge it in committee. Nobody will be array that basically captures the sun’s Members of Congress, those who de- able to see it. If it comes to the floor energy and transfers it to electric en- fend the secretive earmarks, often say under any other auspices than an open ergy. This array itself is attached to that Members of Congress know their rule, then no Members of this body, the these two cars here. These two cars are

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00002 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.000 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19186 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 September 16, 2008 plug-in electric cars. These are two AMERICAN ENERGY ACT who knows what groups, because no- cars that essentially we will plug in at The SPEAKER pro tempore. The body, even people on the other side, night, when these cars are on the road. Chair recognizes the gentleman from Madam Speaker, members of the And they are mass produced in Amer- Louisiana (Mr. SCALISE) for 5 minutes. Democratic Party who support a com- ica. Mr. SCALISE. Madam Speaker, in prehensive plan, were not even allowed These cars plug in at night. We the last 4 months, there has been a to have input on the bill that was filed charge them for 8 hours. And then they very intense debate going on here in late last night, dark of night, with a 10 will run about 40 miles on all elec- this Congress, but also across the en- o’clock filing of the bill. At 10:30, they tricity. So that these cars will emit no tire country, and that debate has been had a meeting to decide that they carbon dioxide. They’ll run just on en- about energy; about what can be done weren’t even going to allow an amend- ergy and electricity for 40 miles. If you to lower the price of gasoline at the ment to be brought up, and that today want to go more than 40 miles a day, pump and reduce our dependence on it would come up on the House floor for you’ll run on gasoline or ethanol for Middle Eastern oil. It’s a very healthy a vote. That is not the way you handle the remaining 200, 250-mile range, plus. debate, a debate that we need to have, the most important issue in this coun- but a debate that we need to resolve try that we are facing right now. Now the wonderful thing about this, here in this body with an open debate When there’s been an alternative on and I’ve done a lot of research, but and vote on the options that have been the table for a month, with active dis- something I learned, and I was very im- put on the table. cussion, you don’t by dark of night put pressed with the young man at the Na- Back 2 months ago, House Repub- something together that nobody’s seen, tional Renewable Lab that told me licans put together a bill that actually and then say, Okay, tomorrow we’re that this array right here, which isn’t has garnered bipartisan support, called going to bring it up for a vote, and not a lot larger, you can see, than a roof- the American Energy Act, a com- one amendment can be offered. top, will charge in 8 hours, fully prehensive plan to address this na- Of course, once you start looking charge, two of these plug-in electric tional energy crisis our country is fac- through their bill, you can quickly see cars to run a full 40 miles on elec- ing, both to look at what we can do to why they did it by dark of night and tricity, and they then can run on gaso- increase the supply of American oil, to why they don’t want any amendments line an additional 200, 250 miles. reduce our dependence on Middle East- offered. Because this bill that they are This was a remarkable statement to ern oil in the short-term, but also to going to have a vote on today, that no- me because this picture, I believe, is look at the long-term objectives of how body has been able to go through in Exhibit A in our ability to totally rev- to move off of oil and move more to- great detail, the more you look at it, olutionize our transportation system ward alternative sources, like renew- you realize this is a do-nothing bill. and grow millions of new jobs in Amer- able sources of energy, looking at wind, This bill will actually put our country ica to do that. Let me give you an ex- looking at solar, and trying to advance more at risk to Middle Eastern oil. ample of that. those technologies so that they can be- Why is that? These photovoltaic arrays are now come more viable in the marketplace Well, there are a number of provi- being manufactured in America, not so that somebody can go and buy an sions. First, let’s talk about revenue just in the silicone-based systems that electric car and be able to drive back sharing. Right now, States have the we’re familiar with, but 2 months ago and forth to work without plugging it ability to get revenue sharing for the at the Nano Solar Company in Cali- in for 6 hours. drilling that they do. In my State, fornia, Americans produced the first Those technologies will advance, and Louisiana, we drill about 30 percent of thin-cell photovoltaic to actually have in the American Energy Act we are en- the country’s oil. We have been doing a revolutionary system that is 30 to 40 couraging those renewable sources of it for a long time. Finally, after years percent less expensive for a lot of en- energy, to advance things like, instead and years of negotiation, we were able ergy coming from these photovoltaic of using products like corn for ethanol, to get an agreement that there would arrays. Those are manufacturing jobs using the biomass, the waste products be revenue sharing. That we would be in America. of things like corn and sugar cane and able to participate in the revenue that General Motors is getting ready in other products, to make ethanol, which is generated by the drilling that’s done 2010 or 2011 to mass produce the first we can do. The technologies haven’t off of our own coast. It doesn’t start plug-in electric car in America, where advanced to the point where they are until 2017. Their bill takes that away. Why is that significant to States like we are going to put Americans to work commercially viable. All of that is here Louisiana? Number one, it’s a huge dis- in this manufacturing process. in the American Energy Act. To look at doing things like increasing the incentive for anybody to want to drill. This is why I mention this. We will ability to permit nuclear facilities so If a State that doesn’t drill at all, like have a bill on the floor in the next few we can reduce our dependence on Mid- Florida, now wants to start looking at days that will truly advance these dle Eastern oil. All of the things that drilling, which they do, this takes manufacturing millions of new green have been talked about in the last few away their incentive. We use those rev- collar jobs in solar, in plug-in electric months have been encompassed in a enues in Louisiana. It’s dedicated in cars, by doing several things. It will bill that has bipartisan support. our constitution to rebuilding our van- create a tax code that will give benefits Unfortunately, the liberal leadership ishing coast. That’s our barrier against to companies to manufacture these has not allowed a discussion, a debate, future hurricanes. Why would the products. It will give tax breaks to or a vote on the American Energy Act. Democratic leadership want to take Americans to buy these products. It So what we have said is, Bring it up. If away our ability to have revenue shar- will create a 15 percent requirement you don’t like it, let’s bring up amending that we will use to restore our that our utilities use these new, clean ments. Let’s have everything put on coast and put our hurricane barrier energy sources. It will create a re- the table to address this important dis- back in place in Louisiana? search and development fund to help do cussion that is so important to our They don’t do anything on oil shale the research to bring these to market. country, and hurting our economy. revenue sharing. They don’t do any- And my Republican colleagues, I will Something that we can do to help the thing on the lawsuit abuses. Right now, call on them and we will call on them economy. lawsuits by radical environmental to join us in a comprehensive bill to So what happens? What is the ap- groups take up about a third of the truly help the development of these proach that is taken by the liberal time it takes to bring oil to market. new technologies. We hope they will leadership? By dark of night, last They don’t do anything on nuclear, to abandon their shortsighted view that night, we finally saw what their plan encourage more nuclear power, like in these technologies aren’t the future. was. It was this bill that was put to- France. France uses 80 percent nuclear This is the future. gether in a back room somewhere with power for their energy in their homes.

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00003 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.000 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 19187 There’s nothing in this bill to encour- these reserves should be drilled and the their jobs, getting children to school, age and remove those barriers on nu- oil extracted from them, which is our and causing the cost of goods to in- clear. own oil, should be sold to Americans crease significantly due to rising trans- So, clearly, OPEC could not have first. portation costs. Rising energy costs af- drafted a better bill than the bill that Second, we must invest in every form fect individuals, families, and busi- the radical environmentalists/liberals of renewable energy available, whether nesses, both large and small. filed today. I would encourage a ‘‘no’’ it be solar, wind, geothermal, and even We must gain control of energy vote. the new nuclear technologies. We have prices, and must do so in a reasonable f to invest our money here at home in and rational manner, with an eye to- renewable energy. ward the future and a plan which ac- A COMPREHENSIVE NATIONAL EN- Washington’s role should include pro- complishes energy independence while ERGY POLICY WILL LEAD TO A moting millions of new jobs with the respecting our environment and pro- BETTER FUTURE tax incentives for United States com- viding real relief to individuals, not The SPEAKER pro tempore. The panies to invest in this new tech- promoting yet another program that Chair recognizes the gentleman from nology. benefits Big Oil, at the expense of the Wisconsin (Mr. KAGEN) for 5 minutes. Third, we must prevent price manip- taxpayer. Mr. KAGEN. Thank you, Madam ulation everywhere in the world. Stop- There are very real differences be- Speaker. ping the unfair speculation in the oil tween Democrats and Republicans To solve our crippling crisis of impos- market can immediately lower the when we talk about energy issues. We sible gas prices that are now over $4 price of gas at the pump and provide are in the mess we are in now because per gallon in Wisconsin, we need a com- families and small businesses with im- the interests of Big Oil have, for far too prehensive national energy policy and mediate relief. long, been given priority over the needs strategy. And we need leaders who are Also, I have called on the President of our citizens. Big Oil has reaped the on our side—not Big Oil. But where is and his allies time and time again to rewards. Even now, while Americans the administration’s plan? You see it sell a portion of our Strategic Petro- struggle for ways they can reduce their at the gas station at the corner every leum Reserve, which would imme- individual energy consumption, ways day. diately drop the price at the pump. they can survive while the price of gas- This crisis was totally predictable These three steps are fundamental to oline, home energy costs, groceries, in- and, unfortunately, it is forcing every the success of an independent energy deed almost everything has outstripped family, every business, and govern- future for America, and they will cre- their income, the Republicans are tout- ments at every level to operate in a ate millions of new jobs. ing a plan that, according to yester- perpetual state of crisis planning. In In the coming days, Congress will day’s and today’s New York Times edi- fact, today’s impossible gas prices are take up a comprehensive package that torials, would do little to increase the threatening the survival of major man- will provide relief for consumers, will supply or reduce the price of oil. ufacturers and small businesses alike, end our dependence on foreign oil, and The New York Times editorial: ‘‘It even as ongoing speculation in oil fu- create millions of new jobs and grow would do little to increase the supply tures remains unrestrained. The truth our economy. We must promote energy or reduce the price of oil. Oil compa- is there is no shortage of fuel. We just efficiency and invest in renewable nies already have access to nearly 80 don’t have the money in our pockets to sources of energy. We must responsibly percent of all American offshore oil pay for the energy we need. increase domestic supplies, and with- that is technically recoverable. This There is a better way of doing things out taxpayer subsidies to oil compa- bill would probably open up less than in America. Although alternative ener- nies. It is my hope that this will be a half of the remaining 20 percent, gies will not be available to meet our bipartisan energy bill that will address amounting to approximately two- needs for a number of years, we cannot all of these concerns. thirds of 1 percent of all globally recov- just wait any longer to make plans for I look forward to joining with my erable sources. The Department of En- our energy independence. We need to Democratic and Republican colleagues ergy has already stated that the effect start producing more of our own en- right here in Congress to try a dif- on prices would be insignificant.’’ ergy right here and right now. If we ferent approach, something that will The very party which has led us down want to keep more of our money here work. Let’s try working together for a this path of dependence on Big Oil, at home, support the U.S. economy and change, and find a legislative solution. that has repeatedly squelched innova- provide American jobs, then we must It will require compromise. And in the tion and interest in renewable re- produce more of our own oil and nat- legislative process, that is how busi- sources and alternative forms of en- ural gas as well. ness gets done. ergy, now wishes to save us with the It’s time to say ‘‘no’’ to the cam- None of this will be easy, and some of simple mantra: Drill, baby, drill. paign cash handed out by big oil cor- it won’t be quick. But the time is right According to another New York porations to lobbyists and other special to craft a national energy policy that Times op-ed published yesterday, drill- interests here in Washington. The first allows working families in Wisconsin ing in the Arctic National Wildlife Ref- priority is to stop pointing fingers and to spend less of their money padding uge and from currently restricted off- instead start joining hands across the the bank accounts of oil executives, shore sites could translate into an aisle. and more of their money on their own extra million barrels of oil a day in the Let’s begin to work together and de- families. year 2025. That is 17 years from now, velop a comprehensive energy plan, a By working together, we really will Madam Speaker. Please note that. An plan that is created not behind closed build a better future, and an energy extra million barrels in 2008 or 2009? doors, but right here on the House independent future for all of us. No. 2025. floor, right here in the open. f Sure, it takes time to make real For months, I have been advocating a change. But 17 years from now we can three-point policy plan. First, we do ENERGY PRICES RISING expect the Republican fix to result in have to drill for new oil and natural The SPEAKER pro tempore. The lowering the price of crude by only 1.3 gas here in America. Our Nation has Chair recognizes the gentleman from percent. So the party of Bush and CHE- substantial untapped oil reserves, both Tennessee (Mr. COHEN) for 5 minutes. NEY, the party of Big Oil, the party under Federal land already leased to Mr. COHEN. Madam Speaker, our Na- that Texas gave us, is going to fix the oil companies and offshore in U.S. ter- tion is suffering. While many citizens situation they have created just 17 ritories. With appropriate safeguards, are living paycheck to paycheck, en- years from now, and with a 1.3 percent like giving States the right to decide if ergy prices have been rising, affecting cut. In the meantime, Big Oil’s profits they will allow drilling off their shores, the daily lives of Americans, getting to will continue to rise.

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00004 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.000 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19188 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 September 16, 2008

The Republican record on energy pro- STAND UP AND BE COUNTED So look at where we are today, 221⁄2 grams which have helped Americans is The SPEAKER pro tempore. The months later. Are we out of Iraq? I poor indeed. Let’s look at the facts and Chair recognizes the gentleman from don’t think so. Are gas prices lower? I decide if we need another Republican Texas (Mr. BURGESS) for 5 minutes. don’t think so. All of those things were energy plan. Mr. BURGESS. Before I came to the promised during the run-up to the last According to the Energy Information United States Congress, in another life, election. And, yes, they promised to be Administration, the price of gas is now I was a physician, and oftentimes when the most ethical and competent Con- $3.65, up from $1.46 when President I was introduced to speak at an engage- gress that the country had seen in Bush took office. A 150 percent in- ment back home, the person doing the quite some time. crease. The price of gas was $2.29 when introductions will say, Do you want to Now I call on the 30 new Members on Republicans adopted their energy plan. be referred to as Doctor or Congress- the majority side who were elected on Today, it’s a 59 percent increase. $3.65. man? I usually start off with perhaps a this platform to stand up. Stand up in Republican energy policies have re- little lighthearted humor in that, Well, your conference and be counted. Now is sulted in record profits for oil compa- physicians still enjoy about a 70 to 80 the time. We have a serious crisis of nies. The five largest companies have percent approval rating with the Amer- credibility on one of the major com- posted profits of $556 billion from 2001 ican public, and Members of Congress mittees in the United States Congress, to 2007, including $123 billion in 2007 enjoy about a 7 to 8 percent approval and we can’t get past that point. One alone. Yet, Republicans have voted rating with the country. So, mother al- individual holds in his hand the power against nearly every energy initiative ways called me Doctor, and that is to begin to restore some of the credi- brought to the House floor. bility to the institution that we so Madam Speaker, I submit to you we what I’d prefer to be called. But it’s really a sad commentary on the insti- sorely need. must do everything we can, and exam- I call on the freshmen Democrats to tution that our credibility is at such a ine every option in our efforts to help ask the chairman to step aside, wheth- American citizens and to change our low ebb. Now we just had the gentleman from er temporarily or permanently, but energy culture. Yes, we must look at Tennessee talk about an editorial in step aside until he solves his own prob- drilling, but we need to be responsible lems so that the institution is not left the New York Times. Since he brought in our approach and ensure that we are carrying that weight. I think the insti- it up, let me refer attention to the New making decisions that actually achieve tution of the House of Representatives York Times from yesterday. Reading it our goals, and our goals must be to deserves no less than that courtesy at on the airplane up here, they ref- help the taxpayers, not the oil corpora- a time when our economy is suffering, erenced the fact that we have a serious tions. our energy prices are high, and cer- problem with the chairman of our We must look at alternative forms of tainly the ability of the country to de- Ways and Means Committee and the energy, we must look at renewable en- fend the border has been seriously credibility has been lost for the indi- ergy, we must look at every aspect of questioned. This is the time. energy consumption before we act. vidual who is head of the largest tax- This is the time that the House needs There are real differences here, and I writing body in the House of Rep- to have maximum credibility to get hope Congress will do the heavy lifting resentatives. these issues accomplished and, at the and make the difficult choices nec- The Tax Code in this country is com- same time, here we are talking about essary to do what is right for the plex. No one understands it. People un- the same things and over and over American people. derstand how mistakes can be made. again. It’s long past the time for rhetoric. But the chairman of that body, at the Again, I call on the freshmen Mem- It’s time to tackle this real challenge very least, ought to hold himself above bers, stand up to your Speaker, stand and come up with real solutions, not reproach. And yes, maybe one trans- up to the powerful committee chair- short-term fixes, which will lead the gression, perhaps two, but trans- men. Let’s move past this point. You American public, once again, footing gression after transgression after have other capable members on the the bill for Big Oil. transgression is more than the Amer- majority side on the Committee on Madam Speaker, today the New York ican people can tolerate. Ways and Means who can serve, either Times had another editorial. The New We are going to debate an energy bill temporarily or permanently, to serve York Times’ independent observations: today. But the fact is we are not really that body, and let’s move past this ‘‘Voters are furious at high gas going to accomplish anything on en- point. prices. Republicans are happily pan- ergy. Yes, I know they have the votes. It’s time. The American people are dering at their anger. Congress has sen- They can pass pretty much whatever waiting on us to do the big work, and sibly renewed the moratorium each they want. They can ram it to the we can’t do it because we are bound up year for the last 26. Unfortunately, floor, like they did last night, 15 min- in these seemingly endless quandaries these are not sensible times, which utes before it goes to the Rules Com- that we find ourselves in. Let’s show means that congressional Democrats, mittee, and then here on the floor, as if the American people that we can lead. particularly House Speaker NANCY by magic, today. But this bill is dead Maybe then they will restore some of PELOSI, must try hard to make the best on arrival in the Senate. It is going to the credibility to us. of a bad situation. The situation, brief- do nothing to help the American peo- f ly, is this: The Republicans have been ple. bludgeoning the Democrats with the Here’s the tragedy. Out in the coun- THE COST OF ENERGY claim that Democrat opposition to off- tryside, no one believes that we have The SPEAKER pro tempore. The shore drilling is to blame for high fuel the ability to do much of anything. We Chair recognizes the gentleman from prices and that drilling is the answer, couldn’t talk about border security or Tennessee (Mr. WAMP) for 5 minutes. or one answer, to the country’s depend- immigration reform because we have Mr. WAMP. Madam Speaker, over the ence on foreign oil. We find it hard to no credibility. We can’t talk about last 14 years that I have had the privi- imagine that they really believe what what we are going to do with the econ- lege to serve in the U.S. House of Rep- they say. Drilling will have no impact omy because we have no credibility. resentatives, I have tried not to be ex- on fuel prices for at least 15 years, if The credibility of this institution cessively partisan. Frankly, having then, and any number of efficiency was badly damaged prior to the 2006 grown up a Democrat and become a Re- measures will do more to reduce the election, and I grant you it was an publican during the Reagan movement country’s dependence than drilling for election strategy by the other side that in this country, I feel like neither America’s modest offshore reserves. worked. Paint the working majority at party has an exclusive on integrity, But the chant of drill, baby, drill, is that time as one that wasn’t working, neither party has an exclusive on ideas. playing far too well. Ms. PELOSI’s com- and we will get to take credit for it and But I feel compelled, Madam Speak- promise deserves support.’’ we will get to take power. er, to come to the floor today to say

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00005 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.000 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 19189 that one issue right now is burning in ration, they have immediately filed a tice even when they are discovered the American public like no other lawsuit to tie it up in court, and they within our very selves. For our quest issue, and that is the cost of energy. have got an unlimited supply of law- for economic and social justice arises This morning, the economy is sliding yers to sue to keep us from bringing from faith, is sustained by hope, and rapidly downward, primarily because of any new oil and gas resources on the seeks to heal a broken world that still energy. market. That is a huge problem. It’s seeks Your lasting justice and loving Now there’s talk in the House here called extremism in the environmental kindness. Be with us now and forever. and in the Congress of a second stim- community. Amen. ulus bill that includes a variety of For years and years, they have been f things that the new majority, the Dem- lobbying this place, and I have been ocrat majority, has cobbled together. here, and I have seen it. Now it’s come THE JOURNAL But the most important thing we could home to roost. These are our problems. The SPEAKER pro tempore. The do for the American economy is to pass Today, we need to give the Repub- Chair has examined the Journal of the the American Energy Act, which is the licans a vote on the American Energy last day’s proceedings and announces Republican bill that opens up all of our Act today in the House, and let’s un- to the House his approval thereof. oil and gas resources in this country. leash the economy again and lower the Pursuant to clause 1, rule I, the Jour- That is the most important thing we cost of energy before it’s too late, guys. nal stands approved. could do for the economy. For jobs and Ladies and gentlemen of the House, Mr. PENCE. Mr. Speaker, pursuant productivity and exports and standing this is an important day. It’s not about to clause 1, rule I, I demand a vote on our country back up economically, it is politics, it’s about the people we rep- agreeing to the Speaker’s approval of the most important thing. resent and the fact they have nowhere the Journal. Yet today it’s going to be suppressed else to turn. We need action. We need it The SPEAKER pro tempore. The again because the Democratic energy today. This is not a partisan thing. question is on the Speaker’s approval alternative is a very limited, watered- There are really responsible people on of the Journal. down effort, designed, honestly, to just both sides of the aisle that need to The question was taken; and the give some of their members a vote so come together. And the liberals from Speaker pro tempore announced that they can say, Oh, we voted to drill a San Francisco don’t need to govern na- the ayes appeared to have it. little bit and go home to campaign. Yet tional policy. Mr. PENCE. Mr. Speaker, I object to their idea of economic stimulus is the vote on the ground that a quorum going to be more government, more f is not present and make the point of spending, more borrowed money, and RECESS order that a quorum is not present. it’s really unfortunate. It’s really unfortunate because the The SPEAKER pro tempore. Pursu- The SPEAKER pro tempore. Pursu- most important thing we could do is ant to clause 12(a) of rule I, the Chair ant to clause 8, rule XX, further pro- just pass this robust energy bill, and in declares the House in recess until 10 ceedings on this question will be post- our bill we share the revenues with the a.m. today. poned. States that opt in, that want to have Accordingly (at 9 o’clock and 44 min- The point of no quorum is considered Outer Continental Shelf oil and gas ex- utes a.m.), the House stood in recess withdrawn. ploration in the zone where the oil and until 10 a.m. f gas is, in the Gulf or off the West f PLEDGE OF ALLEGIANCE Coast, this resource that’s been locked b 1000 up for a long period of time, that we The SPEAKER pro tempore. Will the now know has to be unlocked, and Hur- AFTER RECESS gentleman from Georgia (Mr. GINGREY) come forward and lead the House in the ricane Ike was another reminder over The recess having expired, the House the weekend that we need to diversify Pledge of Allegiance. was called to order by the Speaker pro Mr. GINGREY led the Pledge of Alle- our supply, increase our supply, and tempore (Mr. PASTOR) at 10 a.m. have a robust approach to this, and not giance as follows: a very limited approach. f I pledge allegiance to the Flag of the I will tell you where the problem lies. PRAYER United States of America, and to the Repub- The American people are really frus- lic for which it stands, one nation under God, trated. I have local officials calling me The Chaplain, the Reverend Daniel P. indivisible, with liberty and justice for all. every day, angry, because the people Coughlin, offered the following prayer: f Lord God of creation and reconcili- they represent don’t have anywhere to MESSAGE FROM THE SENATE turn. Gas in east Tennessee was $4.99 a ation, called to address the effects of gallon this weekend. People on fixed the hurricane season upon the Nation, A message from the Senate by Ms. incomes are hurting and hurting and we must also face honestly the eco- Curtis, one of its clerks, announced hurting and they wonder what the heck nomic fractures of the present mo- that the Senate agrees to the amend- is going on in Congress and how is this ment. Monetary matters, just as nat- ment of the House to the bill (S. 2135) happening. I have got to tell you, it’s ural disasters, call us to be people of ‘‘An Act to prohibit the recruitment or called extremism. faith, hope and love. use of child soldiers, to designate per- Now environmentalism is a good The biblical vision of creation, cov- sons who recruit or use child soldiers thing if it’s a responsible, logical, com- enant and community summons people as inadmissible aliens, to allow the de- monsense resource management idea. to stand strong and together in a time portation of persons who recruit or use It’s a good thing. But extreme of tension between promise and fulfill- child soldiers, and for other purposes.’’. environmentalism is the problem. Ex- ment. Positioned here by You, we com- f treme environmentalism has locked up mit ourselves to solidarity with those PRIVATE CALENDAR our energy resources for a long period suffering the most from hurricane and of time. And these Sierra Club types from economic situations. The ordi- The SPEAKER pro tempore. This is lobby the Congress and they score nary laborer cannot distance himself the day for the call of the Private Cal- these Members and they say, If you from the speculative investor. All are endar. The Clerk will call the first bill don’t vote with us all the time, you’re frightened by the shaken terrain, and on the calendar. somehow a radical person in the back all must find new ground where they f pockets of oil and gas, and all this. Let can stand together. me tell you, they’re extreme. As people of the covenant, Lord, we ESTHER KARINGE On every new permit in this country, can confront those attitudes and ways The Clerk called the bill (H.R. 1485) every single one for oil and gas explo- of acting which institutionalize injus- for the relief of Esther Karinge.

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00006 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.000 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19190 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 September 16, 2008 There being no objection, the Clerk her now 11-year-old child, who has relied that are made available to natives of the read the bill as follows: solely on his mother for survival. Because of country of the alien’s birth under section 202(e) of such Act. H.R. 1485 Nicholas’s perseverance, and the uncondi- (e) DENIAL OF PREFERENTIAL IMMIGRATION tional love and support of Esther, doctors be- Be it enacted by the Senate and House of Rep- TREATMENT FOR CERTAIN RELATIVES.—The resentatives of the United States of America in lieve that Nicholas may someday walk on his natural parents, brothers, and sisters of Congress assembled, own. Shigeru Yamada shall not, by virtue of such SECTION 1. PERMANENT RESIDENT STATUS FOR Esther has worked hard to secure a better relationship, be accorded any right, privi- ESTHER KARINGE. life for herself and her son, while becoming an lege, or status under the Immigration and (a) IN GENERAL.—Notwithstanding sub- important part of our community in Malden. Nationality Act. sections (a) and (b) of section 201 of the Im- For several years, Esther served at the Ref- migration and Nationality Act, Esther Mr. FILNER. Mr. Speaker, I would like to Karinge shall be eligible for issuance of an ugee Immigration Ministry in Malden, Massa- thank the Speaker, Chairman CONYERS, and immigrant visa or for adjustment of status chusetts, as a case manager working with Chairwoman LOFGREN for passing H.R. 2760 to that of an alien lawfully admitted for per- women who fled their countries for the same on the private calendar today. Shigeru Ya- manent residence upon filing an application reason she did—fear of persecution. Esther mada is an extraordinary young man who has for issuance of an immigrant visa under sec- also serves as a member of the board of di- faced much personal adversity in his life but tion 204 of such Act or for adjustment of sta- rectors for the Immigrant Learning Center, a has been a model student, athlete and mem- tus to lawful permanent resident. not-for-profit offering English language classes ber of the Chula Vista community. He has (b) ADJUSTMENT OF STATUS.—If Esther Karinge enters the United States before the in my district. worked hard to overcome his personal tragedy filing deadline specified in subsection (c), she Today, we are one step closer to protecting while attending school and being active in shall be considered to have entered and re- the life of Esther, and the great potential of civic organizations. Yamada came to the mained lawfully and shall, if otherwise eligi- her son Nicholas. Again, I would like to thank United States legally in 1992 at the age of 10 ble, be eligible for adjustment of status Chairman CONYERS, Subcommittee Chairman with his mother and two younger sisters and under section 245 of the Immigration and Na- LOFGREN, and Representative BOUCHER for due to tragedy and changes in the immigration tionality Act as of the date of the enactment their commitment to this body and legislation. laws, he was to be deported despite the fact of this Act. I urge adoption of the bill. that he has assimilated into American society. (c) DEADLINE FOR APPLICATION AND PAY- The bill was ordered to be engrossed MENT OF FEES.—Subsections (a) and (b) shall The passage of this bill in the House brings apply only if the application for issuance of and read a third time, was read the justice one step closer to Yamada. We want an immigrant visa or the application for ad- third time, and passed, and a motion to and need more people like him in our country justment of status is filed with appropriate reconsider was laid on the table. and he deserves the opportunity to become a fees within 2 years after the date of the en- f citizen. actment of this Act. The bill was ordered to be engrossed SHIGERU YAMADA (d) REDUCTION OF IMMIGRANT VISA NUM- and read a third time, was read the BER.—Upon the granting of an immigrant The Clerk called the bill (H.R. 2760) third time, and passed, and a motion to visa or permanent residence to Esther for the relief of Shigeru Yamada. Karinge, the Secretary of State shall in- reconsider was laid on the table. There being no objection, the Clerk struct the proper officer to reduce by 1, dur- f ing the current or next following fiscal year, read the bill as follows: the total number of immigrant visas that are H.R. 2760 CORINA DE CHALUP TURCINOVIC made available to natives of the country of Be it enacted by the Senate and House of Rep- The Clerk called the bill (H.R. 5030) the alien’s birth under section 203(a) of the resentatives of the United States of America in for the relief of Corina de Chalup Immigration and Nationality Act or, if appli- Congress assembled, Turcinovic. cable, the total number of immigrant visas SECTION 1. PERMANENT RESIDENT STATUS FOR that are made available to natives of the There being no objection, the Clerk SHIGERU YAMADA. read the bill as follows: country of the alien’s birth under section (a) IN GENERAL.—Notwithstanding sub- 202(e) of such Act. sections (a) and (b) of section 201 of the Im- H.R. 5030 (e) DENIAL OF PREFERENTIAL IMMIGRATION migration and Nationality Act, Shigeru Ya- Be it enacted by the Senate and House of Rep- TREATMENT FOR CERTAIN RELATIVES.—The mada shall be eligible for issuance of an im- resentatives of the United States of America in natural parents, brothers, and sisters of Es- migrant visa or for adjustment of status to Congress assembled, ther Karinge shall not, by virtue of such re- that of an alien lawfully admitted for perma- SECTION 1. PERMANENT RESIDENT STATUS FOR lationship, be accorded any right, privilege, nent residence upon filing an application for CORINA DE CHALUP TURCINOVIC. or status under the Immigration and Nation- issuance of an immigrant visa under section (a) IN GENERAL.—Notwithstanding sub- ality Act. 204 of such Act or for adjustment of status to sections (a) and (b) of section 201 of the Im- Mr. MARKEY. Mr. Speaker, I rise today in lawful permanent resident. migration and Nationality Act, Corina de support of H.R. 1485. I commend Chairman (b) ADJUSTMENT OF STATUS.—If Shigeru Ya- Chalup Turcinovic shall be eligible for CONYERS, Subcommittee Chairman LOFGREN, mada enters the United States before the fil- issuance of an immigrant visa or for adjusting deadline specified in subsection (c), he ment of status to that of an alien lawfully and Representative BOUCHER for their tireless shall be considered to have entered and re- admitted for permanent residence upon fil- work on this most important legislation. mained lawfully and shall, if otherwise eligi- ing an application for issuance of an immi- I am particularly pleased that the bill we are ble, be eligible for adjustment of status grant visa under section 204 of such Act or voting on today gives Ms. Esther Karinge, a under section 245 of the Immigration and Na- for adjustment of status to lawful permanent constituent in my district, an opportunity to es- tionality Act as of the date of the enactment resident. cape persecution in Kenya and live freely with of this Act. (b) ADJUSTMENT OF STATUS.—If Corina de her son in the United States. (c) DEADLINE FOR APPLICATION AND PAY- Chalup Turcinovic enters the United States While living in Kenya with her uncle—a local MENT OF FEES.—Subsections (a) and (b) shall before the filing deadline specified in sub- political official—Esther and her family re- apply only if the application for issuance of section (c), she shall be considered to have an immigrant visa or the application for ad- entered and remained lawfully and shall, if ceived harassment and death threats during a justment of status is filed with appropriate otherwise eligible, be eligible for adjustment time of tremendous political unrest still present fees within 2 years after the date of the en- of status under section 245 of the Immigra- in the region. Esther left her home and sought actment of this Act. tion and Nationality Act as of the date of out protection in the United States in 1994. (d) REDUCTION OF IMMIGRANT VISA NUM- the enactment of this Act. Esther’s case, while strong enough on the BER.—Upon the granting of an immigrant (c) DEADLINE FOR APPLICATION AND PAY- grounds that she faced persecution or worse visa or permanent residence to Shigeru Ya- MENT OF FEES.—Subsections (a) and (b) shall in Kenya, is further complicated by the fact mada, the Secretary of State shall instruct apply only if the application for issuance of that not long after arriving in the United the proper officer to reduce by 1, during the an immigrant visa or the application for ad- current or next following fiscal year, the justment of status is filed with appropriate States, Esther gave birth to her son Nicholas. total number of immigrant visas that are fees within 2 years after the date of the en- Nicholas was born prematurely, and was diag- made available to natives of the country of actment of this Act. nosed with cerebral palsy and deafness. As a the alien’s birth under section 203(a) of the (d) REDUCTION OF IMMIGRANT VISA NUM- single parent to Nicholas, who is wheelchair Immigration and Nationality Act or, if appli- BER.—Upon the granting of an immigrant bound, Esther has gone above and beyond for cable, the total number of immigrant visas visa or permanent residence to Corina de

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00007 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.000 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 19191 Chalup Turcinovic, the Secretary of State MIKAEL ADRIAN CHRISTOPHER Mr. DAVIS of Kentucky. Mr. Speak- shall instruct the proper officer to reduce by FIGUEROA ALVAREZ er, energy is the number one strategic 1, during the current or next following fiscal issue facing this Nation. Has the Demo- year, the total number of immigrant visas The Clerk called the bill (H.R. 2575) for the relief of Mikael Adrian Chris- cratic Congress done anything credible that are made available to natives of the to address it? No. In fact, when they country of the alien’s birth under section topher Figueroa Alvarez. 203(a) of the Immigration and Nationality Mr. KING of Iowa. Mr. Speaker, I ask do, they drop a bogus bill in the watch- Act or, if applicable, the total number of im- unanimous consent that the bill be es of the night and expect everybody to migrant visas that are made available to na- passed over without prejudice. swallow it. Their bill still blocks over 80 percent tives of the country of the alien’s birth The SPEAKER pro tempore. Is there under section 202(e) of such Act. of offshore drilling and has no credible objection to the request of the gen- (e) DENIAL OF PREFERENTIAL IMMIGRATION alternatives that are proven, like coal tleman from Iowa? TREATMENT FOR CERTAIN RELATIVES.—The to liquid, oil shale, tar sands or nu- natural parents, brothers, and sisters of There was no objection. clear. This bill is bad for Kentucky. Corina de Chalup Turcinovic shall not, by The SPEAKER pro tempore. This The Democratic leadership has totally virtue of such relationship, be accorded any concludes the call of the Private Cal- misled the American people with this right, privilege, or status under the Immi- endar. bogus bill. gration and Nationality Act. f I rise in opposition. This bill pun- The bill was ordered to be engrossed ANNOUNCEMENT BY THE SPEAKER ishes the elderly, working families, our and read a third time, was read the PRO TEMPORE schools and all industry in this coun- third time, and passed, and a motion to try. This bogus measure punishes the reconsider was laid on the table. The SPEAKER pro tempore. The heartland of America that grows the Chair will entertain up to 30 requests food, produces the goods and creates f for 1-minute speeches on each side of the energy that this Nation runs on. the aisle. I call on all Kentuckians and all KUMI IIZUKA-BARCENA f Americans to stand up and call this Democratic-led Congress what it is, The Clerk called the bill (H.R. 5243) HURRICANE GUSTAV’S IMPACT ON LOUISIANA useless. Vote ‘‘no’’ on their bill. And for the relief of Kumi Iizuka-Barcena. Mr. Speaker, give us a vote on a bill There being no objection, the Clerk (Mr. CAZAYOUX asked and was that matters, that will change the read the bill as follows: given permission to address the House American people and that will help us H.R. 5243 for 1 minute.) build a future: The American Energy Be it enacted by the Senate and House of Rep- Mr. CAZAYOUX. Mr. Speaker, this Act introduced by Republicans in this resentatives of the United States of America in past Labor Day, Hurricane Gustav Congress. Congress assembled, made landfall in Cocodrie, Louisiana. f SECTION 1. PERMANENT RESIDENT STATUS FOR It packed sustained winds of up to 110 KUMI IIZUKA-BARCENA. miles per hour and tore across the REMEMBERING ISAAC HAYES (a) IN GENERAL.—Notwithstanding sub- State, uprooting trees and damaging (Mr. COHEN asked and was given per- sections (a) and (b) of section 201 of the Im- property along its way. mission to address the House for 1 migration and Nationality Act, Kumi Iizuka- Many across the country watched as minute and to revise and extend his re- Barcena shall be eligible for issuance of an the levees of New Orleans held. Miracu- marks.) immigrant visa or for adjustment of status Mr. COHEN. Mr. Speaker, last to that of an alien lawfully admitted for per- lously and thankfully, they held. As manent residence upon filing an application the levees held, the media left and did month, the City of Memphis and the for issuance of an immigrant visa under sec- not see the vast destruction left behind world lost a great entertainer and hu- tion 204 of such Act or for adjustment of sta- in the Baton Rouge area. It was the manitarian in Isaac Hayes. Today on tus to lawful permanent resident. worst storm to hit the Baton Rouge this House floor, we will pass H. Res. (b) ADJUSTMENT OF STATUS.—If Kumi area in its history. Louisiana has many 1425 memorializing my good friend and Iizuka-Barcena enters the United States be- people to thank for their efforts in a great world citizen who was an actor, fore the filing deadline specified in sub- helping in this time of great need, the a musician and a humanitarian. section (c), she shall be considered to have Isaac Hayes, like Elvis, came to entered and remained lawfully and shall, if first responders, its parish and local officials, the National Guardsmen and Memphis from the rural Midsouth, a otherwise eligible, be eligible for adjustment poor person who was raised in the cot- women, and the States who sent their of status under section 245 of the Immigra- ton fields and came to Memphis and tion and Nationality Act as of the date of men and women to Louisiana to help in got his education at Manassas High the enactment of this Act. this time of need. School. Elvis went to Sam Phillips and (c) DEADLINE FOR APPLICATION AND PAY- Since then, Hurricane Ike has hit and Sun Records. John Lennon said before MENT OF FEES.—Subsections (a) and (b) shall has reinforced the notion that natural Elvis there was nothing, but after Elvis apply only if the application for issuance of disasters and the damages they inflict an immigrant visa or the application for ad- there was Isaac Hayes. Isaac Hayes put justment of status is filed with appropriate cannot be avoided. We can only hope to a new form to music, pretty much cre- fees within 2 years after the date of the en- respond as best as possible to minimize ated hip hop, received Oscars and actment of this Act. that aftereffects. It is our job as Con- Grammys and produced his signature (d) REDUCTION OF IMMIGRANT VISA NUM- gressmen and women to aid our fellow song ‘‘The Theme From Shaft,’’ which BER.—Upon the granting of an immigrant citizens in this time of greatest need. began a kind of a new genre of music. visa or permanent residence to Kumi Iizuka- Over the next 2 weeks, I urge my col- He was a wonderful human being to Barcena, the Secretary of State shall in- leagues to ensure that the victims of be around. He inspired greatness and struct the proper officer to reduce by 1, dur- Hurricanes Gustav and Ike are not left ing the current or next following fiscal year, wrote great songs with his dear friend the total number of immigrant visas that are behind and that we continue to im- and co-composer, David Porter, ‘‘Hold made available to natives of the country of prove the Federal Government’s, and On I’m Comin’ ’’ and other great songs the alien’s birth under section 203(a) of the particularly FEMA’s, response to nat- by Sam and Dave. ‘‘Black Moses’’ will Immigration and Nationality Act or, if appli- ural disasters. be remembered for years to come. cable, the total number of immigrant visas f We’re fortunate he has come our way that are made available to natives of the and lent his talents to the world. We’ll DEMOCRATS’ BOGUS ENERGY BILL country of the alien’s birth under section miss him. He was my friend. 202(e) of such Act. PUNISHES OUR NATION f The bill was ordered to be engrossed (Mr. DAVIS of Kentucky asked and and read a third time, was read the was given permission to address the THE SHAM ENERGY BILL third time, and passed, and a motion to House for 1 minute and to revise and (Mr. BROUN of Georgia asked and reconsider was laid on the table. extend his remarks.) was given permission to address the

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00008 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.000 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19192 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 September 16, 2008 House for 1 minute and to revise and b 1015 dollar contract. Before we even con- extend his remarks.) STOP PLAYING POLITICS WITH sider giving Blackwater another penny Mr. BROUN of Georgia. Mr. Speaker, AMERICA’S ENERGY INDEPEND- of U.S. taxpayer dollars, we should last night at about 9:45, a bill was in- ENCE hold private security contractors ac- troduced that we’re going to vote on countable under the law. this morning. It has been in the hopper (Mr. PENCE asked and was given per- On the 1-year anniversary, I urge my for almost 12 hours now. It has been mission to address the House for 1 colleagues to cosponsor the Stop Out- called a sham. It has been called a minute and to revise and extend his re- sourcing Security, SOS, Act, H.R. 4102, farce. But let me tell you, it’s a bald- marks.) to begin phasing out the use of private faced lie to the American people. This Mr. PENCE. Mr. Speaker, the Amer- security contractors. The longer we so-called energy bill is not going to ican people are hurting. They are wait to fix this problem, the worse the produce one drop of oil, not the first struggling under the weight of record situation is going to get, not only for one. We don’t know all that is in this gasoline prices, and in that cause Re- Iraqi civilians, but for our troops on bill because we were just presented it publicans have been fighting for a com- the ground. prehensive energy bill that includes last night. f There are some things that are not in more drilling. Three-quarters of Ameri- this bill, and I can guarantee you there cans agree with us. DO-NOTHING CONGRESS is no nuclear energy. We’re not going Just last week, the drill-nothing (Ms. FOXX asked and was given per- to even be able to drill for oil and gas Democrat Congress announced they are mission to address the House for 1 on the Outer Continental Shelf. There going to bring an energy bill to the minute and to revise and extend her re- is no way to stop in this bill the end- floor that includes more drilling. And marks.) less lawsuits by the radical environ- now they say Republicans have to take Ms. FOXX. Mr. Speaker, this is in- mentalists. This is a nonenergy energy ‘‘yes’’ for an answer. deed the do-nothing Congress. The bill. It’s a lie to the American public. Well, I would suggest to my country- Speaker of the House and the majority It is a cover to try to look like the men, Mr. Speaker, that they look at leader in 2006 made many, many prom- Democratic majority is trying to do the fine print. The drill-nothing Con- ises. Among them was to bring down something. They say they represent gress has brought a bill that actually the price of gasoline, to have the most the poor, the elderly and the under- includes basically drill-nothing provi- open Congress in the history of the privileged. But that is a lie, too, be- sions. They say ‘‘yes’’ to drilling, but Congress, to have the most bipartisan cause the underprivileged and the poor not in Alaska, not in the eastern gulf, Congress. Every single one of those are being hammered by increased en- and not within 50 miles. promises has been broken, and broken ergy costs. And we cannot afford to They say ‘‘yes’’ to drilling, but many, many times. continue on this process. States can decide, even though they It is important that the American f get absolutely no revenues for choosing public understand that the Democrats to drill. I guess States are going to just are in charge of this Congress. The A NEW DIRECTION ENERGY allow drilling out of the goodness of Democrats have the capability of POLICY their hearts. bringing up a bill to allow us to vote to (Mr. WALZ of Minnesota asked and They say ‘‘yes’’ to drilling, but liti- bring down the price of gasoline. But was given permission to address the gation rules will allow environmental the bill they are going to bring up House for 1 minute and to revise and lawyers to tie up all leases from the today is bogus, a sham, an illusion, a extend his remarks.) very day they are filed. charade. All of those words that have Mr. WALZ of Minnesota. Mr. Speak- I say to my House Democrat col- been used are appropriate. er, it is true: The Bush-Cheney energy leagues from my heart, on behalf of our The Democrats are proving that they plan has been a giant success, but for constituents who are struggling under are anti-American energy. Republicans big oil companies, not the American record gasoline prices, end this cha- are pro-American energy. Republicans people. America is still addicted to for- rade. Stop playing politics with Amer- want to increase the supply. We want eign oil, and gas prices are through the ica’s energy independence. Bring us a to increase our efforts at conservation. roof. full and fair debate to this floor and We want to increase alternatives. It’s time for a new direction in our you will see a bipartisan result. The Democrats are totally out of energy policy. This week, House Demo- f touch with the American people. From crats are bringing up that legislation. I August 1 until the end of December, CONTRACTOR ACCOUNTABILITY was proud to work with a bipartisan they plan to work 14 days for the group of Democrats and Republicans to (Ms. SCHAKOWSKY asked and was American public. craft a piece of legislation. Many of given permission to address the House f those ideas are incorporated into this for 1 minute.) plan. It invests in renewable energy, Ms. SCHAKOWSKY. Mr. Speaker, one MCCAIN’S ASSESSMENT OF ECON- responsibly increases domestic supply year ago today, Blackwater contrac- OMY SHOWS HE REALLY IS NOT by opening up the Outer Continental tors opened fire in Baghdad’s Nisoor AN EXPERT ON THE ECONOMY Shelf for drilling and releases oil from Square, killing 17 Iraqi civilians. This (Ms. WATSON asked and was given the Strategic Petroleum Reserve. wasn’t the first time private security permission to address the House for 1 One thing it does that is very good, it contractors used excessive force. minute.) eliminates unnecessary tax breaks and It has now been 21 months since the Ms. WATSON. Mr. Speaker, earlier subsidies to Big Oil and asks them to Christmas Eve murder in the Green this year Senator MCCAIN said he need- pay their fair share of royalties so we Zone, and 31⁄2 years since a Blackwater ed to study up on the economy because can invest in renewables. helicopter dropped CS gas on a traffic it was not his strong suit. You can cer- All Americans, Republicans and jam in Baghdad. Yet there have been tainly say that again. Yesterday Sen- Democrats, who believe it is time for no arrests, no charges, no trials and no ator MCCAIN once again said, and I am our country to move in a new direction conviction. In fact, the Blackwater quoting now, ‘‘The fundamentals of our towards energy independence should contractor responsible for the Christ- economy are strong.’’ His comments join us and move this ball forward. mas Eve shooting is now employed as a came on a day when the stock market This legislation will create millions of prison guard in Washington State. fell 500 points, its worst drop in 7 years, good-paying American jobs in the re- Instead of holding Blackwater ac- and Lehman Brothers filed for bank- newable energy industry, and it will countable for violating the law, last ruptcy. begin to break the stranglehold of for- April the State Department rewarded What fundamentals is Senator eign oil over this Nation. Blackwater by renewing their billion MCCAIN referring to? It certainly can’t

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00009 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.000 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 19193 be the fundamentals of ensuring more COMPREHENSIVE ENERGY PACK- while, on the coast, people suffer. Let’s Americans have a job. Every moment AGE WILL GIVE MONEY TO TAX- really address energy. this year, the Bush-McCain economy PAYERS AND CONSUMERS f has shed tens of thousands of jobs. To (Mr. YARMUTH asked and was given DEMOCRAT ENERGY PLAN SIDES date, more than 600,000 jobs have been permission to address the House for 1 WITH CONSUMERS WHILE GOP lost. minute.) ENERGY PLAN SIDES WITH BIG Nor can it be the fundamentals of en- Mr. YARMUTH. Mr. Speaker, this OIL suring that middle-class Americans are week Congress will vote on an all-in- prospering. Over the last 8 years under clusive energy package that will lower (Mr. CARNAHAN asked and was the Bush-McCain economy, real wages gas prices for consumers and put given permission to address the House have actually fallen by $300, while money back in taxpayers’ pockets. for 1 minute.) basic necessities like food, gas, health The Democratic energy plan will re- Mr. CARNAHAN. Mr. Speaker, while care, and education have skyrocketed. quire oil companies to pay royalties on Big Oil rakes in record profits this Mr. Speaker, Senator MCCAIN needs leases they have had for years but year, American families are struggling to study up more on the economy and never paid to use. Big Oil has raked in with pain at the pump. House Demo- reject the failed economic policies of record profits, the largest in American crats are working to pass a comprehen- the last 8 years. history this year, while Americans sive energy plan that lowers prices for pump hundreds of dollars into their gas consumers, expands renewable energy f tank. It is time Big Oil pay American and creates good-paying jobs here at taxpayers the $15 billion it owes all of home. REPUBLICANS WILL NOT BE us for drilling on the American people’s The old Bush-Cheney policy, written SILENCED ON ENERGY ISSUES land. by and for the oil companies, is the gift For years, Washington Republicans that keeps on giving to Big Oil; more (Mrs. BACHMANN asked and was have been showering Big Oil with tax land, more public land, more taxpayer given permission to address the House breaks and subsidies. With the big oil dollars and more record profits. for 1 minute and to revise and extend companies amassing record profits Every Representative in this House her remarks.) every quarter, they certainly don’t has a clear choice this month: Talk Mrs. BACHMANN. Mr. Speaker, the need this corporate welfare. The Demo- about an all-of-the-above plan, or take American people are not only frus- cratic plan will repeal these giveaways action. They can join with Democrats trated; they are absolutely outraged to the big five oil companies and invest in siding with consumers struggling this morning when they wake up to money in renewable money and pro- with energy costs, or continue to side discover that not only has the Speaker grams, like LIHEAP, that will help with Big Oil. They can support a policy of the House decided there won’t be Americans heat their homes this win- that will create good-paying American any new energy production this year, ter. jobs and increase our Nation’s security, in 2008, no relief is on the way, she has Mr. Speaker, the Democratic energy or continue to argue for a drill-only also decided political speech is not plan helps Americans who have been plan. As T. Boone Pickens has said going to be allowed on the floor of this suffering from George Bush’s failed en- clearly, this is one problem we cannot House. ergy policies for far too long. drill our way out of. This morning, Republicans were so f Mr. Speaker, the Democratic energy outraged when they heard what the plan will bring down prices at the Democrat Congress had done, that 150 PROPOSED ENERGY BILL IS A pump and invest in renewable energy of our Members planned to be on the SHAM for our future. It deserves strong bipar- floor to talk about the outrage of this (Mr. CARTER asked and was given tisan support. bill. When the Speaker heard that, she permission to address the House for 1 decided to limit us to 30 people being minute.) f able to speak this morning. Mr. CARTER. Mr. Speaker, it is a ALL-OF-THE-ABOVE ENERGY ACT Well, Mr. Speaker, one thing that good thing we don’t have Pinocchios NEEDED working in this House or we would will not be put under a bushel will be (Mr. GINGREY asked and was given have some noses growing. To stand up the outrage of the American people permission to address the House for 1 and say this is a bipartisan bill when over this perceived and actual hoax of minute and to revise and extend his re- the first Republican saw it, I was a bill, this charade we are going to vote marks.) present when it happened at 9:45 last on today. Mr. GINGREY. Mr. Speaker, for the night while we were speaking on the I have in my hand amendments that last 2 months we have been telling the floor of the House, ought to make I had hoped to offer to give Americans Speaker and the Democratic majority somebody’s nose grow. some real energy production. Not only that we need an all-of-the-above Amer- will they not be allowed, but the voices To call this a bipartisan bill is a sham, and we ought to call it what it ican Energy Act, and the Speaker has of the American people will not be responded by saying any bill that in- heard on this floor this morning, be- is. This is a bill shoved down the throats of the American people, with- cludes drilling is a hoax. cause the Speaker of the House has de- Well, Mr. Speaker, she has presented cided it will not be. out the voice of the majority of the Members of this House having any- at 10 o’clock last night a 290-page hoax I am afraid, Mr. Speaker, that Speak- in regard to the drilling provision. It is er PELOSI has vastly underrated the thing to do with this energy plan. Look right here and see what it absolutely a hoax. It gives absolutely American people. They will not be doesn’t do: No real offshore explo- no revenues to the States for any drill- squelched. They will be heard. Our ration; no renewables without high ing between 50 and 100 miles. We al- voices will be heard on this issue. We taxes; no real oil shale drilling; off lim- ready allow that off the coasts of Texas will not be silenced. its permanently, Arctic coastal plain; and Louisiana, and you are going to ex- emissions-free nuclear, no; clean coal, pect these east coast States or Cali- f coal-to-liquid, no; new refinery capac- fornia to let us drill with no revenue ity, no. We got five of them out in sharing? It ain’t going to happen, and ANNOUNCEMENT BY THE SPEAKER Texas right now. No energy tax hike, she knows it. PRO TEMPORE no; no electricity spikes, no; lawsuit Now, in regard to the energy pro- The SPEAKER pro tempore. Mem- reform, no; playing politics with en- posals that we have made in the Amer- bers are reminded to heed the gavel ergy, yes. ican Energy Act, we have 10 up here, and will limit their remarks to 1 That is what we have been given and none of these are included in the minute. today. That is what we have. Mean- Pelosi no energy bill. None of the

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00010 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.000 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19194 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 September 16, 2008 above. NOTA. Think of the acronym, sidered in committee and devoid of any Last night, in the dead of night, the N-O-T-A, not an energy bill. input from the minority. Democratic leadership brought forward If she would give us four of these; Among the numerous troubling parts a no drill, no energy bill. That bill is a real offshore exploration, emission-free of their proposal is the refusal to allow hoax on the American people, just as nuclear, new refinery capacity, who States such as South Carolina to share she said it would be. You can put lip- could say we don’t need that, and law- in revenues from offshore drilling. stick on a no-drill, no-energy bill, but suit reform, so the extreme environ- What a slap to those coastal commu- it’s still a no-drill, no-energy bill. mentalists don’t destroy every oppor- nities to say that we will drill off your I have introduced legislation, many tunity. coast, but yet withhold revenues. others have, to allow the States to par- This is not an energy bill. NOTA, N- This is the money that could help ticipate in drilling off their coasts. O-T-A. pay for new roads and beach renourish- Their bill prohibits that. f ment. Meanwhile, they insist on a re- We will see no drilling, we will see no newable energy mandate that will in- oil production, no access to oil produc- COMPREHENSIVE ENERGY PACK- crease America’s electric bills and tion in more than 90 percent of the AGE WILL INVEST IN RENEW- harm our rural electric co-ops. They areas where oil exists, and we should ABLE ENERGY AND CREATE raise taxes and fail to address refin- go after it. Nothing in this bill for nu- JOBS eries, ANWR or expanding clean nuclear power, nothing in this bill for (Ms. EDWARDS of Maryland asked clear power. coal-to-liquid technology, nothing in and was given permission to address This bill is a hoax on the American this bill for the American people, noth- the House for 1 minute.) people. It won’t become law, and the ing in this bill for my constituents, Ms. EDWARDS of Maryland. Mr. Democrat leadership knows it. This is nothing but a hoax on the American Speaker, very shortly this Congress, not leadership and not what the Amer- people. this Democratic Congress, is going to ican people deserve. f do what the Republicans failed to do In conclusion, God bless our troops, MCCAIN’S ASSESSMENT OF ECON- for more than a decade of their leader- and we will never forget September the 11th. OMY SHOWS THAT HE REALLY ship, and that is to present and vote on IS NOT AN EXPERT ON THE a comprehensive energy package that f ECONOMY will expand renewable sources of en- REPUBLICANS CLAIM THEY WANT (Mr. WELCH of Vermont asked and ergy for the future and create good- ALL OF THE ABOVE—BUT HAVE paying jobs here in America. was given permission to address the DONE NOTHING TO LOWER GAS House for 1 minute and to revise and This plan for the 21st century ex- PRICES tends tax incentives for renewable en- extend his remarks.) ergy, hybrid cars, energy-efficient (Mr. CLAY asked and was given per- Mr. WELCH of Vermont. Mr. Speak- buildings and homes. It requires utility mission to address the House for 1 er, it’s becoming quite apparent that companies to generate 15 percent of minute and to revise and extend his re- our economy is in peril. The biggest their electricity from renewable marks.) casualty in this economy are middle- sources such as wind, geothermal and Mr. CLAY. Mr. Speaker, for 8 years, class families trying to hang on by solar power. Washington Republicans have favored their fingernails. This is our new energy future. And record profits for Big Oil while Ameri- We have got a different point of view the legislation forces oil companies to cans are paying record prices at the by our leadership. President Bush says pay their fair share for drilling on the pump. Congressional Republicans say that the 500-point collapse is just, American people’s land. Big Oil should they want an all-of-the-above plan, but quote, a correction. Mr. MCCAIN, Sen- pay taxpayers to use their land. We their actions speak differently. Repub- ator MCCAIN says the economy is fun- will use that money, $15 billion, to de- licans have voted against every piece damentally sound. velop clean energy sources and alter- of legislation that would responsibly The reality is that the economy has native fuels, to develop greater effi- invest in renewable energy and would become weak, with policies that have ciency and improve conservation. bring down gas prices for consumers. deregulated financial institutions lead- Investments in renewable energy will We proposed legislation to crack ing to the collapse of some of our long- create hundreds of thousands of good- down on price gouging and curb excess est-standing, historically most solid in- paying jobs here in America, at a time speculation, but House Republicans stitutions like Lehman Brothers. For 8 when the Bush economy is shedding said no. We proposed lowering gas years, the Bush-McCain economic pol- tens of thousands of jobs every month. prices immediately by tapping the icy has had a radical proposition that Mr. Speaker, this is a comprehensive Strategic Petroleum Reserve, which we can deregulate everything and leave energy plan. It is a Democratic plan lowered prices by 33 percent when the everything to Wall Street, and it will that the American people have been President’s father took similar action all take care of itself. waiting for for the future. Republicans in 1991, but Republicans said no. We Now American families, businesses just don’t get it. This plan is about the proposed legislation that would force on Main Street, are beginning to pay future and not about the past. Big Oil to drill on 68 million acres of the price for this economic failure land to increase oil production here at under the Bush administration. f home. Again, House Republicans said The only way we can change our b 1030 no. economy is by returning to the basic This week, the Republicans will have principle that our economic policies ENERGY BILL FAILS AMERICAN the opportunity to support real reform should all be about building the middle PEOPLE and say yes. class. (Mr. WILSON of South Carolina f f asked and was given permission to address the House for 1 minute and to re- NO DRILL, NO ENERGY BILL EIGHTY DOLLARS TO FILL UP A vise and extend his remarks.) (Mr. GOODLATTE asked and was MINIVAN IS A CRISIS Mr. WILSON of South Carolina. Mr. given permission to address the House (Mr. KELLER of Florida asked and Speaker, the Democrat hoax energy for 1 minute and to revise and extend was given permission to address the bill appears to be another dis- his remarks.) House for 1 minute.) appointing response to families hurt by Mr. GOODLATTE. Mr. Speaker, when Mr. KELLER of Florida. Mr. Speak- high gasoline prices. Never mind the Speaker PELOSI said that an energy bill er, when a single mom in Orlando, fact that this bill was written by the that included drilling would be a hoax, Florida, is paying $80 to fill up her House Democrat leadership, never con- she knew what she was talking about. minivan, that’s a crisis. It’s a crisis

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00011 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.000 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 19195 that this Democratic energy bill does at 9:45 has the same MO as the other the last hurricane. We have over 20 per- not address. lies that the Democratic Party have cent of our oil being produced in the Now, why doesn’t it address it? told the American people. gulf, and these oil rigs being shut Democratic colleagues at the Sierra I quote here from A Congress Work- down, and the refineries being shut Club, the head of the Sierra Club said, ing for all Americans, something put down. ‘‘We’re better off without cheap gas.’’ out by the then-Democratic minority Americans are suffering. We have to Well, let’s look at the specifics. There trying to become the majority. ‘‘Bills diversify. Once again, when you look at is no ANWR in this bill whatsoever, should generally come to the floor the energy proposals here, we have to even though it’s the single largest un- under a procedure that allows open, be up in ANWR. There’s 10.3 billion tapped source of oil in the United full and fair debate consisting of a full barrels of oil up there that we need to States of America. amendment process.’’ More smoke and be drilling. We have got to get that oil With 10.4 billion barrels of oil avail- mirrors to get elected. down here. We have to make sure that there is able, that’s enough to provide all of In fact, Mr. PAUL KANJORSKI stated it Florida’s energy needs for 29 years. It’s best when he was talking to a reporter natural gas, make sure that people can enough to give us 1 million barrels of about the promises the Democrats heat their homes this winter. We have oil a day every single day for the next made on the campaign trail, ‘‘We sort to make sure that the folks that are out there driving trucks or tractors 30 years, but it’s nowhere in the bill. of stretched the truth, and people ate have diesel. We have to have that to Why? Because we’re better off with- it up.’’ They have stretched the truth. make sure we keep our energy prices out cheap gas, according to the Demo- Speaker PELOSI in April 2006, said, we down and our food prices down. crats and their colleagues. Well, we are have a plan to lower the skyrocketing not better off without cheap gas, we But the time to act is now. We have price gas prices. It was $2.06 at the to have a comprehensive energy plan. are better off without cheap political time. Now, as you know, it’s over $4. stunts, and that’s what this Demo- The Republicans have put forward all But Mr. DEFAZIO from Oregon told of the above. All of the above is to cratic energy bill is. the truth. He said, ‘‘It is sad to see the I urge my colleagues to vote ‘‘no’’ on make sure that we have nuclear, clean Republicans come to this.’’ Now they coal technology, hydro. We have to it and give us an up-or-down vote on laughingly say this will lead to higher the American Energy Act. make sure that we drill, that we make prices. sure that we have all of the alter- f The energy bill they passed in Janu- natives out there, but we have to do it BILLIONS OF DOLLARS NEEDED ary of 2007 has caused gas prices to now. If we don’t get it done now, the TO RECOVER FROM HURRICANE double. This is a sham. rest the world will pass us by. Next IKE f year China is becoming the number one (Mr. AL GREEN of Texas asked and DRILLING ALONE IS NOT THE manufacturing country in the world. It’s time to act right now. was given permission to address the ANSWER f House for 1 minute and to revise and (Ms. EDDIE BERNICE JOHNSON of extend his remarks.) Texas asked and was given permission SEEING THE EFFECT OF Mr. AL GREEN of Texas. Mr. Speak- to address the House for 1 minute.) REPUBLICAN POLICIES er, Hurricane Ike came through Texas, Ms. EDDIE BERNICE JOHNSON of (Mr. DAVIS of Illinois asked and was landed near Houston. Much of the area Texas. Mr. Speaker, the Bush-Cheney given permission to address the House in my State, especially in the Houston- energy plan, supported by the Repub- for 1 minute.) Galveston area along the gulf coast, lican majority here in Congress, is 95 Mr. DAVIS of Illinois. Mr. Speaker, has been decimated. It will take bil- percent implemented. Yet the prices the truth is that from 2001 to 2007, Re- lions of dollars for us to recover. publicans controlled all levels of power We are asking that this House under- have increased by 150 percent. For the last 12 years, up until this term, the here in Washington. It was their oppor- stands the needs of the people of Texas tunity to put the conservative eco- and the areas that have been dev- Republicans have been in the majority, along with the President. nomic ideas that they have been talk- astated. We will have to lend some as- ing about for decades into law, and sistance to the areas that need our help Democrats have been the majority less than 2 years, and we are trying to they did it. at a most important time. Today we see the effect of these poli- For fear that someone may not un- put together a piece of legislation that brings in every aspect of some type of cies. Middle-class families are being derstand, we are truly all in this to- squeezed by wages that have actually resolution for the energy shortage. All gether. Dr. King reminded us that life fallen by $300 since President Bush of us know that drilling alone is not is an inescapable network of mutuality took office, 3.4 million more Americans the answer. tied to a single garment of destiny. are unemployed, 5.7 million more We can drill all we want to. The pop- Whatever impacts one directly, im- Americans are living in poverty. pacts all indirectly. ulation of the world has gotten so large Foreclosure rates have hit a record Though you may live in some far cor- that there is no way it’s going to be high with 2.5 million families expected ner of the United States of America, enough to do what we need to do. We to lose their homes this year. The dol- there are earthquakes, there are fires, have got to do alternative fuels that’s lar remains weak because President there are storms that will come into in this bill, even including the possi- Bush continues to borrow record your life. We are all going to need some bility of nuclear energy. amounts of money from other coun- help at some point. I will support this bill strongly be- tries. So I am begging those of you who cause it has a multiple number of ways This is the economy Washington Re- can, please understand that we have to address this problem. publicans created with policies towards got to help Texans and Americans f the needs of the wealthiest few over through this. DEMOCRAT INACTION ON FAILING those of hard-working, middle-class f TO ADOPT A COMPREHENSIVE Americans. Now Senator MCCAIN vows to continue those same economic poli- ALLOW OPEN, FULL AND FAIR ENERGY POLICY cies if he wins the Presidency. DEBATE (Mr. LATTA asked and was given That does not sound like change to (Mr. WESTMORELAND asked and permission to address the House for 1 me. minute.) was given permission to address the f House for 1 minute and to revise and Mr. LATTA. Mr. Speaker, the Demo- extend his remarks.) crat inaction on failing to adopt a com- NO ENERGY BILL Mr. WESTMORELAND. Mr. Speaker, prehensive energy policy has come (Mrs. MUSGRAVE asked and was this bill that was introduced last night home to roost. We see this happened in given permission to address the House

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00012 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.000 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19196 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 September 16, 2008 for 1 minute and to revise and extend Mr. TERRY. Mr. Speaker, this is an eral Democrat and the radical environ- her remarks.) extremely disappointing day for me, mentalist approach to solving the en- Mrs. MUSGRAVE. Mr. Speaker, the and I assume for America. Today is the ergy crisis in our country. Democrat no-energy bill before us day when we finally have an energy We are going to look at two different today is an absolute travesty. The bill bill, except it doesn’t have energy in it. pieces of legislation, the American En- will permanently lock up the first 50 And America wants us to work to- ergy Act written by Republicans and miles of coastline and keep the next 50 gether, the Republicans and Democrats some of our friends on the Democratic miles under lock and key until coastal to work together, so that we have a side, and the Democrats and radical en- States pass a law permitting produc- comprehensive American energy plan vironmentalist no-energy plan that we tion. that makes us independent of foreign will have to vote on today. They don’t have any incentive to do oil where we can have price stability. Because it might not be easy to see so, so it essentially locks up the first But unfortunately, as Republicans this chart, I am going to go down this 100 miles of coastline where most of repeatedly reached out to the Demo- chart. our resources are located. This bill crat leadership to be involved in this Real offshore exploration for new en- does not share any royalty revenues process, we were totally shut out. The ergy: Republicans say yes; Democrats with coastal States, giving them abso- only negotiations occurred within the say no. lutely no incentive to approve produc- Speaker’s office, and no Republican Renewable energy without raising tion off their coast. was allowed. We didn’t even see the bill your taxes: Republicans say yes, Demo- Under current policy, producing until late last night. This is not a true crats say no. States receive royalties from offshore energy bill. If she would have included Real oil shale exploration to find new production. This bill does not provide some of us, we could have made this energy: Republicans say yes; Demo- funding for environmental restoration hoax of a bill a lot better for the Amer- crats say no. or a sustainable funding mechanism to ican public. Drilling off the Arctic coastal plain: develop alternative and renewable en- For example, they say that they open Republicans say yes; Democrats say ergy sources, which would decrease our up 12 percent of the resources, but then no. dependence on foreign oil. put conditions on it that really can’t Emission-free nuclear energy to help This bill includes an unworkable, re- be met. So even that 12 percent of the us find new electricity and power: Re- newable energy standard. coastal waters are not going to be publicans say yes; Democrats say no. In States like mine, Colorado, we are opened up while they pass a permanent well positioned to utilize renewables. moratorium on 88 percent. Clean coal technology: Republicans Other States will be unable to meet This is a hoax, and America needs to say yes; Democrats say no. this unrealistic hurdle, costing con- see it for what it is. Increasing our refinery capacity in our country: Republicans say yes; sumers untold increases. f Speaker PELOSI, you can fool all of Democrats say no. the people some of the time, some of COMPREHENSIVE AMERICAN The Democratic energy plan is a the people all of the time, but you can- ENERGY sham. Vote it down. not fool all of the people all of the (Mr. CARSON of Indiana asked and time. This is a travesty. was given permission to address the f f House for 1 minute.) Mr. CARSON of Indiana. Mr. Speak- b 1045 DEMOCRATS PROVIDE RELIEF AT er, there are real differences when we THE PUMP COMPREHENSIVE ENERGY PLAN talk about the Democratic and Repub- (Mr. PAYNE asked and was given (Mr. ELLISON asked and was given lican energy plan. We are talking about permission to address the House for 1 permission to address the House for 1 expanding renewable sources of energy, minute.) minute.) and we are talking about creating Mr. PAYNE. Mr. Speaker, when it Mr. ELLISON. Mr. Speaker, there is good-paying jobs here in the great comes to gas prices, Republicans don’t a real difference between the Demo- United States of America. have a record to be proud of. For 8 cratic and Republican plans when it Since January alone, 90,000 Ameri- years, Washington Republicans have comes to energy. The comprehensive cans lost their jobs; 16,000 of those favored profits for Big Oil while Amer- Democratic plan is an American- Americans were from the great Hoosier ica is paying record prices at the pump. owned, 21st-century energy plan, and State of Indiana. The Center for Amer- the Republican plan is not. ican Progress just released a report House Democrats know this country The Democratic plan lowers prices saying if we invest $100 billion into a needs comprehensive energy legislation for consumers and protects taxpayers, comprehensive plan, we will be able to to bring down gas prices and invest in expands renewable sources of energy, create 2 million green jobs in 2 years. the energy sources of the future. and increases our security by freeing We have already spent trillions of dol- This week we will vote on com- America from the grip of foreign oil. lars in Iraq. We can invest $100 billion prehensive legislation that invests in Perhaps this is the problem with the in a comprehensive plan that can em- renewable energy sources and respon- objection to the Democratic plan: it re- ploy Americans. Eighty percent of Hoo- sibly increases domestic supply by quires Big Oil to pay what it owes tax- siers are without college degrees; 70 opening portions of the Outer Conti- payers. It ends subsidies to Big Oil percent of Americans are without col- nental Shelf for drilling. companies. Maybe some people don’t lege degrees. This is an opportunity to In New Jersey, we want this energy like that. And it creates good-paying help Americans pull themselves out of package which will provide real relief jobs here in America. poverty by investing in the green for consumers at the pump, help end The Republican bill is more of the movement. our dependence on foreign oil, create same old Bush-CHENEY, two oilmen in f millions of new jobs, and help transi- the White House energy policy written tion America to a cleaner, renewable ENERGY PROPOSALS by and for the oil companies. It is time energy future. to end that policy. (Mr. FERGUSON asked and was Mr. Speaker, just talking about an f given permission to address the House all-of-the-above plan won’t help con- for 1 minute.) sumers who are pumping hundreds of ENERGY BILL WITH NO ENERGY Mr. FERGUSON. Mr. Speaker, today dollars into their gas tanks every day. (Mr. TERRY asked and was given we have a stark contrast between the We need to pass a Democratic all-of- permission to address the House for 1 Republican approach to solving the en- the-above plan that will help us solve minute.) ergy crisis in our country and the lib- our energy problems.

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00013 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.000 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 19197 AMERICA HAS TO HAVE OWN ENERGY PLAN three things required to develop Amer- RESOURCES (Mr. JORDAN of Ohio asked and was ican energy. First, you have to have (Mr. ISSA asked and was given per- given permission to address the House natural resources. America is blessed mission to address the House for 1 for 1 minute.) with a great supply and diversity of minute and to revise and extend his re- Mr. JORDAN of Ohio. Mr. Speaker, natural resources. The second thing you have to have to marks.) America is the greatest Nation in his- develop American energy is the tech- Mr. ISSA. Mr. Speaker, the American tory with the greatest economy in his- nology to be able to develop energy in people know who the Republicans are. tory, a $14 trillion annual economy. To a scientific and an environmentally We are the party that for decades the remain the number one economy, we friendly way. We are very clever with Democrats, backed by the radical left, need a real energy plan, not a sham. To our technology. We have that in Amer- have accused of wanting to do nuclear help families across this country, we ica. power. We are the party that for dec- need a real energy plan, not a sham. And the third thing that you need is ades the environmental movement has Here is the Democrat plan: no real political will, the desire to develop fought because we wanted to drill for offshore drilling; no drilling in ANWR; American energy; and in that regard oil and natural gas in America. no nuclear power; no lawsuit abuse re- this Congress has failed. The Pelosi Mr. Speaker, we are the party that form; no revenue sharing with the Congress refuses to put the gears in has this energy bill that is not being States. But you know what is in the motion and take action. considered, while your party, headed plan, tax increases. Think about that. Now, I can understand if you like $4 by NICK RAHALL, GENE GREEN, GEORGE At a time when we want our economy a gallon gasoline, you prefer to see it MILLER, and JOHN DINGELL, is claiming to grow, they are raising taxes. At a go to $6, that is a political policy. If to have a bipartisan bill that is yours time when we need more oil, they are that is what the Democrats want to do, which does nothing. going to tax the very people who if that is what PELOSI wants, fine. Mr. Speaker, there is no Republican produce the oil. But what we have on the floor today in your bipartisan. That is a new defi- This is a terrible plan. It doesn’t help is a sham. It pretends to be an energy nition even for this Democrat Con- our economy stay number one. It won’t bill and pretends to say it is going to gress. help American families, and that is drill, and it doesn’t. It has nothing in Mr. Speaker, back in 1998 I called for why we should vote ‘‘no’’ on the Demo- there for clean nuclear and nothing to our California coast to be opened for crat plan and support the Republican allow real drilling in Alaska. We have exploration so we would have a stra- plan that does the right things for our 748 sites to drill, every one blocked by tegic reserve we could tap in time of country. a lawsuit. There is no reform in this need. Guess what, BARBARA BOXER and f bill. This is a sham. the radical left attacked me. I lost that f election. I haven’t changed my position MCCAIN NOT AN EXPERT ON AMERICA DESERVES BETTER since then; I never will. America has to ECONOMY have its own resources. We are the (Ms. CORRINE BROWN of Florida (Mr. FORBES asked and was given party that you know has wanted to do asked and was given permission to ad- permission to address the House for 1 that, and you are the party that has dress the House for 1 minute.) minute and to revise and extend his re- been blocking it. Ms. CORRINE BROWN of Florida. marks.) Mr. FORBES. Mr. Speaker, every day Mr. Speaker, earlier this week it was on the floor and across America today, f difficult to tell President Bush and we are hearing people talk about being Senator MCCAIN apart. On the day bipartisan. They come to the floor RELIEF AT THE PUMP when the stock markets fell 500 points, when they have drafted a bill improp- President Bush described it as nothing (Mr. CLEAVER asked and was given erly or they have ethics charges more than an ‘‘adjustment,’’ while Sen- permission to address the House for 1 against them, and they plead with us ator MCCAIN declared the ‘‘fundamen- minute.) with tears almost that we need to be tals of our economy are strong.’’ Mr. CLEAVER. Mr. Speaker, it really bipartisan. troubles me that the United States is Are President Bush and Senator But when it comes to one of the most borrowing money from China to buy oil MCCAIN serious, or are they out of significant issues facing America from Saudi Arabia to put in cars from touch? What about the millions of today, energy, they don’t want to be bi- Japan. Americans who have lost their jobs and partisan. We have been working hard to pass are having trouble finding a new one Mr. Speaker, it is one thing to cut legislation that will bring down prices simply because the Bush-McCain econ- the microphone and the lights off at the pump and help America end its omy has shed 600,000 more jobs this against Republicans; but what this bill dependence on foreign oil. year than they have created? What does is cut it off against scientists and We signed into law the first vehicle about middle class families who are engineers and analysts who will never fuel efficiency standards in three dec- worse off today than they were 8 years have an opportunity to analyze this ades which will save drivers approxi- ago? They have seen their real wages bill and tell America what it does be- mately $1,000 a year. We passed an his- fall over 8 years by $300. cause it was filed last night and we will toric commitment to American Mr. Speaker, when it comes to eco- vote on it today. biofuels which are keeping gas prices 15 nomic issues, there is no difference be- When they do, this is what they are percent lower than they would be oth- tween President Bush, Senator going to tell Virginians. They are erwise. And House Democrats pres- MCCAIN, and former President Herbert going to tell Virginians that it pulled sured Mr. Bush to stop sending oil to Hoover. away the revenues that they could the government reserve, which put f have gotten from oil drilling. They will more oil on the market to fight rising tell Virginians that it has increased gas prices. AMERICA UNDERSTANDS WE ARE their electricity bills enormously, and This Democratic-led Congress has NOT DEVELOPING AMERICAN EN- it puts $18 billion more taxes across also passed legislation to curb excess ERGY America. speculation to prevent price gouging (Mr. AKIN asked and was given per- But that is okay because off the cam- and to expand tax incentives for renew- mission to address the House for 1 era they are going to put their arm able energy. minute.) around us and say don’t worry about it Mr. Speaker, it is time for us to stop Mr. AKIN. America by this time un- because this bill will never become law being partisan and try to move toward derstands that we have not been devel- because it is just designed to give us progress. oping American energy. There are cover in the election.

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00014 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.000 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19198 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 September 16, 2008 Mr. Speaker, America deserves bet- have it right. They get 80 percent of They control the process. We don’t ter. their electrical power from nuclear en- control the process. Now, they have f ergy. brought out a sham. They are in con- We haven’t built a new nuclear en- trol, and we have the highest energy DEMOCRATS ARE TIRED OF ergy plant in this country in years, and prices in a bill that does nothing to THINKING we never will if we adopt this plan. We solve the problem. (Mr. REHBERG asked and was given need a comprehensive all-of-the-above That’s Government 101. permission to address the House for 1 plan. f minute.) f A STORM SWEEPING THIS Mr. REHBERG. Mr. Speaker, finally REPUBLICANS GET IT CHAMBER a Democrat bill. (Ms. GRANGER asked and was given Will Rogers once said a conclusion is (Mr. BACHUS asked and was given permission to address the House for 1 a place where you finally got tired of permission to address the House for 1 minute and to revise and extend his re- minute.) thinking. It looks like the Democrat Ms. GRANGER. Mr. Speaker, a ter- leadership has gotten tired of thinking. marks.) Mr. BACHUS. Mr. Speaker, the num- rible storm has swept over my home They just got back from a 5-week va- ber one cost in manufacturing is en- State of Texas, brought devastation to cation, while gas prices prevented ergy. The number one cost of job loss neighborhoods and communities; 2,500 many of their constituents from taking in America is the high cost of energy. search and rescue missions out, 2 mil- a vacation. I joined my Republican col- Now, the Chinese get that. The Chi- lion people without energy in their leagues here in Washington, D.C. We nese are building 32 nuclear power home probably for 3 weeks. were here every day of the week during plants. There’s another storm that will those days with no lights, no cameras, The country of India, they get it. sweep this Chamber and this Nation no microphone, and no Democrats. Seventeen new nuclear power plants. over the hoax of this energy, this en- Last week, the first week we were Even Abu Dhabi and Dubai, oil rich ergy bill that brings no energy to the back, we worked just 3 days, just 3 Arab countries, United Emirates, they American people, at a time when we days, and they did not give us an en- sell us their oil and they’re building need the shot in the arm for the long ergy bill. nuclear power plants so they don’t term, as well as for today. I come from the energy State of Mon- have to use their oil, they can sell it to This bill that’s been brought as if it tana. We have oil, gas, coal, wind, us. were a real bill, brought, passed in the solar, geothermal, biomass, and eth- Listen, all these countries get it. The dead of night, brought with no debate, anol. We are part of the solution. But Republican bill gets it. It has nuclear no discussion, no input, no process, a the Democrats are standing in our way. energy. But JOE BIDEN, Senator OBAMA, process that has stood us well for dec- Allow us an opportunity to drill for they don’t get it. The Democrats don’t ades, for centuries, no process, no off- oil and dig our coal. It is time we pass get it. There’s no nuclear energy in shore exploration, no oil shale re- a bill. After 5 weeks of vacation, an- their bill. sources, no refineries, no drilling in other week of no energy votes, they fi- We’ll continue to lose jobs. We’ll con- ANWR, no nuclear, no coal, no energy, nally come up with a 290-page energy tinue to have high cost of energy, and no nothing, and no commitment to the bill that doesn’t create any energy. We most importantly, we will not be able American people who support this and can only conclude the Democrats are to compete with the world because understand what we should be doing, tired of thinking. they are building nuclear power and what they deserve, what they respect, f cheap energy while we’re not. what is our job. We need to vote for a real bill, not What a hoax. What a disappointment. b 1100 this sham. f COMPREHENSIVE ALL-OF-THE- f DEATH PENALTY FOR POWER AND ABOVE ENERGY PLAN GOVERNMENT 101 ENERGY (Mr. KLINE of Minnesota asked and (Mr. MICA asked and was given per- (Mr. DANIEL E. LUNGREN of Cali- was given permission to address the mission to address the House for 1 fornia asked and was given permission House for 1 minute and to revise and minute and to revise and extend his re- to address the House for 1 minute and extend his remarks.) marks.) to revise and extend his remarks.) Mr. KLINE of Minnesota. Mr. Speak- Mr. MICA. Mr. Speaker and my col- Mr. DANIEL E. LUNGREN of Cali- er, for 5 weeks, all during the month of leagues, now, this is going to be a les- fornia. Mr. Speaker, this bill might be August and September, Republicans son in Government 101. Now, 2 years called the death penalty for power and were on the floor of this House with ago, and this may surprise a lot of the energy. Why do I say that? the microphones off and the cameras American people and even some Mem- If you look at how we utilize lethal off demanding a comprehensive all-of- bers that follow politics, but the Demo- injection in this country, the first in- the-above energy plan. We were de- crats seized control of the Congress. jection actually sedates the individual. manding that we have open debate and They control the House, the Senate. The second injection paralyzes the that we have a vote, the very thing Now, people across the country woke heart, thus killing the individual. What that then-minority leader NANCY up this morning and yesterday and saw we have here is the first part of it is se- PELOSI demanded, saying that the mi- the financial markets implode across dation. That’s the bill today that nority party should have the right to the United States. Now, who’s in claims it’s for energy. present its alternatives, have a debate charge, the Democrats or the Repub- But the fact of the matter is, with and have a vote. That’s what we’ve licans? the litigation explosion we have based been asking for for weeks and weeks Now, for 2 years they promised us on the extremists in the environmental and weeks. change. Look at the financial leader- movement, the coconspirators with the We believe that we need a com- ship of the House of Representatives. Democratic Party on this, they’ve basi- prehensive all-of-the-above energy Look at the leadership of the Ways and cally paralyzed our efforts to get any plan. This is not a comprehensive, all- Means Committee, right now under energy. Every single lease that’s been of-the-above energy plan. This is not. siege. granted over the last 2 years has been Just for example, in the American They promised us and the American sued against. As a matter of fact, there Energy Act, the Republican bill, we people that they would have a policy, are two lawsuits now that are already call for emission-free nuclear power. the Pelosi Energy Policy, some 2 years in effect with anything that we will This is the one place in the world I can ago when gas prices were hovering lease in the future. So who’s kidding think of where the French actually around $2. whom?

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00015 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.000 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 19199 Let’s break this conspiracy that ex- lion a year to enemies across the seas; effort is bipartisan is not being honest. ists between the extremists on the en- $700 billion a year would be a 6 percent To say that the process that we’re sup- vironmental side and the Democratic increase in our economy. That means posed to engage in 2 years ago of being leadership. Let’s give us real power. more jobs. And yet instead of solving the most open process in the history of Let’s reject this death penalty for the problem, we’re extending the prob- Congress, not so. To criticize the exec- power and energy that they’re calling lem through a hoax. utive branch for energy policies 7 years an energy bill. It’s a fraud on the If we want to stop the outflow of ago being drafted behind closed doors, American people. We ought to under- American jobs, we need to stop the and then to participate or not allow stand that. lawsuits that are killing every single participation in this issue, I think, is We need to do better. The American new lease. They’re killing mining, they unconscionable for the American peo- people need to do better. Let me tell have already killed the timber indus- ple. you this: If the Democrats have run out try. The extremists, with litigation, We’re talking about way offshore of energy, there’s plenty of energy on are killing American jobs, and this drilling, if at all. We need broad-based this side of the aisle to do the right hoax that is on the floor today called energy supply. thing. an energy bill is doing nothing about If we think that a 9 percent approval f the litigation that is killing American rating of Congress is bad, let’s pass a jobs. We must stop it, and we must stop bill that won’t do anything saying that DRILLING OFF THE ATLANTIC the litigation. it will. That is bad policy. If we expect COAST f our economy to grow, we need to afford (Mrs. DRAKE asked and was given the resources of energy to the growing THE AMERICAN PEOPLE DESERVE permission to address the House for 1 economy. BETTER minute and to revise and extend her re- f marks.) (Mr. CHABOT asked and was given Mrs. DRAKE. Mr. Speaker, Virginia’s permission to address the House for 1 ANNOUNCEMENT BY THE SPEAKER Second District includes the entire At- minute.) PRO TEMPORE lantic coast in Virginia. Mr. CHABOT. Mr. Speaker, I rise in The SPEAKER pro tempore. The Today, I see that the rumors that strong opposition to this sham, no-en- Chair will entertain up to an additional we’ve heard all weekend are true. This ergy energy bill, and want to express 20 requests for 1-minute speeches on bill supposedly opens drilling, but real- my deep disappointment that once each side. ly, it doesn’t. The first 50 miles are again, this House is missing an impor- f closed. The second 50–100 miles are tant opportunity to lower gas prices, DEMOCRAT ENERGY BILL open at State option, but no royalties and make our Nation more energy to those coastal States. independent. (Mr. BLUNT asked and was given Virginia gets zero. Look at Alabama, After reviewing this bill, it’s clear permission to address the House for 1 Mississippi, Louisiana, Texas, 37.5 per- that the majority never really intended minute.) cent. Every other coastal State, zero. to open the Outer Continental Shelf to Mr. BLUNT. We’re here today to talk The effect of this legislation will be energy exploration. Instead, this bill about a bill that nobody had seen, or at none of these coastal States will allow would permanently keep off-limits 88 least no Republican had seen as late as for drilling. So industry will now look percent of our offshore oil and natural 9:45 last night. at 100 miles out or more. Problem with gas reserves. No committee has seen the bill. In that? Resources within the first 50 Let me tell you some of the other fact, I asked has this been to the En- miles. failings of this bill. It fails to open up ergy and Commerce Committee? I America needs to realize that we are more of the energy rich Gulf of Mexico. thought, as a member of that com- the only Nation that does not take re- It fails to make building refineries any mittee I must have missed the hearing. sources from our Outer Continental easier. It fails to promote nuclear en- But, no, it hasn’t been to the Energy Shelf. The American families are hurt- ergy. It fails to boost oil shale develop- and Commerce Committee. ing. American businesses are hurting, ment, and it fails to open the billions And so I asked has it been to the Re- and look at the impact on our econ- of barrels of oil now off limits in sources Committee because it deals omy. After all of these months of bills ANWR. with our natural resources. No, it on the floor and discussion on the What this bill will do is raise taxes hasn’t been to the Resources Com- floor, this is the result of this bill. It’s that will surely be passed along to con- mittee. not only a hoax, it is cruel to American sumers in even higher prices at the I asked has it been to the Ways and families and American businesses. pump. Means Committee. There’s a $1.2 bil- f Louisiana Senator Mary Landrieu, a lion project in this bill that the chair- Democrat, recently said it best. This man of the Ways and Means Committee LITIGATION IS KILLING AMERICAN bill is ‘‘dead on arrival in the Senate.’’ has wanted forever to extend subways JOBS The bottom line is, this bill is a pub- in New York, so I thought surely it had (Mr. PEARCE asked and was given licity stunt, and the American people been to the Ways and Means Com- permission to address the House for 1 deserve better. mittee. But it hadn’t been to the Ways minute and to revise and extend his re- f and Means Committee. In fact, it’s marks.) been to no committee anywhere, and it Mr. PEARCE. Mr. Speaker, a genera- THE DEFINITION OF BIPARTISAN does nothing. tion ago, extreme environmentalists HAS CHANGED Republicans have worked for years in began filing lawsuits to stop the pro- (Mr. SMITH of Nebraska asked and this House to send good legislation to duction of timber in the United States. was given permission to address the the Senate, joined by Democrats who They killed the timber industry House for 1 minute and to revise and agree with us on this issue. We worked throughout this great country. 20,000 extend his remarks.) all of August to call attention to the jobs were lost in New Mexico alone. Mr. SMITH of Nebraska. Mr. Speak- fact that we weren’t dealing with the Today we have fewer than 100 of those er, we’ve been hearing a lot about number one problem facing the Amer- jobs left, and they’re in the process of change these days; certain parties ican people, and now we have a bill dying probably this year. That whole claiming more change than others per- that we find will not produce any more response to our timber industry was a haps. energy and we know will increase en- hoax. I would suggest that what has ergy prices. Today we’re involved in another changed the most is the definition of The renewable portfolio standards hoax, the hoax that is sending $700 bil- the term ‘‘bipartisan.’’ To say that this that raise everybody’s electricity bill

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00016 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.000 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19200 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 September 16, 2008 are unreasonable. But that really nothing but political cover to allow Mr. BROWN of South Carolina. Mr. doesn’t matter because nobody expects Members on your side of the aisle an Speaker, the energy crisis that we are this bill to become law. The drilling in opportunity to say they are for some- facing in America today is affecting the Outer Continental Shelf can’t real- thing which we all know the majority every segment of our society, and my ly occur. But maybe that doesn’t mat- of your Members are adamantly op- constituents in coastal South Carolina ter either because this bill’s not about posed to. are getting more concerned every day something that would become law. Why does Congress have the lowest that with what goes on that we do not I’m offended, Members of the House approval rating in the history of the have a solution to bring a more domes- are offended, and we should be by this Republic? Because instead of having a tic supply of energy on line. process. And the American people real debate on a real energy producing My constituency sees Russia holding should be offended that we’re not doing bill, one that will give incentives to Europe as an ‘‘energy hostage,’’ and the job for them that really matters. the States to actually join in the pro- they do not want to allow foreign and duction of new American energy, this sometimes unfriendly nations to have f Democratic majority is instead offer- the ability to hold the United States as b 1115 ing up a bill that will not produce a an energy hostage in the future. single drop of new oil or a single ounce Right now, Russia supplies 50 percent DEMOCRAT ENERGY BILL IS of new gas. of Europe’s natural gas, and by the RIGGED With so much uncertainty in the year 2020, Russia will supply 75 percent (Mr. BOEHNER asked and was given hearts of the American people today, of Europe’s natural gas. Right now permission to address the House for 1 today’s vote is a kick in the teeth to America is 70 percent dependent on for- minute.) every hardworking American who’s eign energy. So much of American en- Mr. BOEHNER. Mr. Speaker, I appre- tired of paying more for oil and gas. ergy is being produced in prime hurri- ciate the announcement from the Chair Shame on us. Shame on you. cane zones that are susceptible to nat- that additional Members will be al- f ural disasters every year. lowed to give 1-minutes. In fact, it was Mr. Speaker, we should view our en- A BIPARTISAN BILL IS NEEDED announced earlier that there would be ergy resources as a natural asset, not unlimited 1-minutes, then it was an- (Mr. PETERSON of Pennsylvania as an environmental liability. The en- nounced that we would only have 30 1- asked and was given permission to ad- ergy crisis that we are currently in minutes on each side. And I appreciate dress the House for 1 minute.) cannot be solved by having us being de- the announcement that we will have at Mr. PETERSON of Pennsylvania. Mr. pendent on foreign and sometimes un- least 20 more because our Members Speaker, I rise with disappointment friendly nations. want to speak, and I will tell you why. today. People in my district and the We all must learn a valuable lesson When a bill gets filed at 9:45 the working people of this country are beg- from what’s currently going on be- night before and then it’s announced ging us to resolve this energy issue. tween Russia and Europe and seize this it’s going to come to the floor the next They’re struggling to drive their cars, opportunity to vote on all-of-the- morning as the first bill up, a bill that and they don’t have any idea how above. no one has read, written in the dark of they’re going to heat their homes and f night, that won’t do a damn thing run their businesses with today’s energy prices. They expect us to do some- STOP PLAYING GAMES WITH about American energy. Enough is AMERICAN ENERGY PRODUCTION enough. thing. Speaker PELOSI’s been telling the (Ms. FALLIN asked and was given The Speaker of the House said this country that drilling’s not the answer; permission to address the House for 1 will be the most open and ethical Con- it would take 10 years. Well, the Pelosi minute.) gress in history, that we would con- team drafted a bill. It will take 10 Ms. FALLIN. Mr. Speaker, my, my, sider things in a fair and open way. years, maybe 15, maybe 20, folks. This my, what a difference one night can And this is not going to be considered bill will not produce energy. It locks up make. Last night we were in session in a fair and open way. It shows up in 97 percent of the west coast forever. It until about 7:15. There was no energy the middle of the night, nobody’s read locks up the most productive part of bill. All of a sudden, we wake up this the bill, and guess what? The Repub- the gulf that we can produce quickly morning and we have an energy bill, lican Members, who represent about 48 forever. but it’s an energy bill that even the percent of the American people, we’re Folks, we need a bipartisan bill. majority of, well, I would say even the not allowed to offer a substitute. We Twenty-three Republicans and Demo- conservative Blue Dog Democrats have have no opportunity to offer our Amer- crats sat down and drafted a bill, 11 not seen, much less even the Repub- ican Energy Plan that we’ve been on Democrats and 12 Republicans. We licans in the House. And so why do we this floor talking about for 3 months drafted the Peterson-Abercrombie bill have this today happening? nonstop. We don’t even get a chance to that opens up all kinds of energy for It’s because there are people in this offer the bill. America, funds all the renewables, and body who do not want to produce en- It’s rigged, and the bill that’s coming gives hope to the American people. ergy for America. We’re playing games to the floor is nothing more than a That’s the kind of bill they don’t with American energy production. hoax on the American people, and they want. They don’t want a Republican We’re hurting the American economy. will not buy it. bill. They don’t want a Democrat bill. We’re hurting the pocketbooks of our f They want a bill that Members of this American businesses. We’re increasing Congress sat down with no oil compa- our dependence on the foreign oil. ENERGY BILL NOTHING BUT nies, no lobbyists. We sat down and All of the Americans right now are POLITICAL COVER drafted a simple bill—not 290 pages— very concerned about our economy, (Mr. BONNER asked and was given one we could understand. We need to they’re concerned about our unstable permission to address the House for 1 vote on a bipartisan energy bill that financial institutions, they’re con- minute.) will give hope to the Americans that cerned about home foreclosures, Mr. BONNER. Mr. Speaker, in words there is an economic future. they’re concerned about trade deficits, that the American people can under- f they’re concerned about foreign coun- stand, you can put lipstick on a bad tries who are coming in and buying bill but it is still a bad bill. And sadly, ENERGY POLICY American assets. They’re concerned that is what your leadership’s so-called (Mr. BROWN of South Carolina asked about the cost of gasoline, the cost of energy bill is. It has been called a and was given permission to address food, the cost of consumer goods. sham, which it is; it’s been called a the House for 1 minute and to revise You know, families are struggling, hoax, which it is. But the truth is, it is and extend his remarks.) businesses are struggling. But yet in

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00017 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.000 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 19201 this body, we have an energy bill that are sworn in is a highlight, one of the THIS BILL WILL NOT SOLVE THE has been brought forth today that we highlights in your life. As I look across ENERGY PROBLEM have not seen, that we have not had this floor, I see Members from both (Mr. WITTMAN of Virginia asked and time to debate, to look at. It’s one of sides of the aisle that experienced that was given permission to address the the most important issues facing our for the very first time with me this House for 1 minute and to revise and Nation. January. extend his remarks.) Producing an American energy bill I sat on the floor, and I brought my Mr. WITTMAN of Virginia. Mr. that produces American energy is the young son and daughter with me. I lis- Speaker, today we have before us an course for the future of this Nation. tened intently as Madam Speaker held energy bill, an energy bill that was pre- It’s a threat to America’s national se- the gavel to the words that she said sented to us at 9:45 last night, 260 pages curity, our economic security not to that we’re going to define this Con- long, and very little time to digest pass the energy bill. gress, define this Nation. And the what is probably one of the more im- words that she spoke that rang to me f portant pieces of legislation that we that I applauded, I stood up and said OPEC WOULD SUPPORT will address in this century. I will tell ‘‘yes,’’ was this was going to be a Con- DEMOCRATS’ ENERGY BILL you this is extraordinarily important. gress of partnership, not partisanship. (Mr. SCALISE asked and was given It’s sad to say that today this is not People in my district ask me all the permission to address the House for 1 a Congress of partnership. We may be time, ‘‘Rob, we see this issue, it’s an minute and to revise and extend his re- from different sides of the aisle, we important issue for our Nation, why marks.) may be Republican, we may be Demo- can’t we come together and use some Mr. SCALISE. Mr. Speaker, for crat; but first and foremost, we are commonsense to solve it? Why can’t months we’ve been talking about the American. We are Americans with a de- Congress work together?’’ need to address this national energy sire to have an American energy inde- Well, folks, this is not the way to crisis that’s facing our country that’s pendent policy, and it’s sad to say that work together. This is not an inclusive hurting our economy. We’ve been talk- this bill does not. This bill, created in process. When we are given the oppor- ing about getting a bill on the floor the middle of the night. tunity to make sure that the best and like the American Energy Act that ap- And when you think about where you brightest ideas come forward for a pol- proaches this in a comprehensive way sit and what part you’re a part of, that icy that’s so important to the future of and addresses all of the issues. the Chamber, that this dome that we’re this country, we need to make sure the But yet I rise today in strong opposi- under today was built during the Civil opportunity is there to bring forth the tion to this bill that the Democratic War confronting the challenges that best solutions to this. leadership filed in the dark of night face America. We can meet that chal- We will not solve this energy problem with no discussion that they’re going lenge, but we can only meet it with with this bill. This will not happen. It to bring up today and allow no amend- partnership, and we need to come to- doesn’t provide for nuclear energy, it ments on. And let’s look at why that gether and vote against this bill today. doesn’t unlock the resources that we bill is so bad. have here. We’re the only nation in the First of all, it puts a permanent ban f world that refuses to use its own re- on 88 percent of the known Outer Con- sources to solve its own problems. THE AMERICAN PEOPLE EXPECT tinental Shelf reserves. That’s billions Folks, we have got to make sure that BIPARTISANSHIP of barrels of oil that we know right everybody’s ideas make it into this where they are, and yet there’s a per- (Mr. DENT asked and was given per- bill. This bill does not provide for that. manent ban on these reserves placed in mission to address the House for 1 It’s not acceptable to the American this bill. That’s something that OPEC minute and to revise and extend his re- people. We should not have this going would want because OPEC now would marks.) forward. have even more leverage on us because Mr. DENT. Mr. Speaker, the Amer- they know that we would be taking off- ican people believe that Washington, f limits 88 percent of our known reserves DC, is broken. And this process and offshore. this legislation that we are considering NO-ENERGY SOLUTION If you look at the new taxes and the today is proof positive of why Wash- billions of dollars in new spending that ington and this Congress is broken. (Mr. HERGER asked and was given they have that has nothing to do with The American people expect some bi- permission to address the House for 1 energy, and yet Speaker PELOSI says partisanship on this energy issue. My minute and to revise and extend his re- we don’t have money to give States colleague, JOHN PETERSON of Pennsyl- marks.) their own fair share of royalty sharing vania, just discussed a bipartisan pro- Mr. HERGER. Mr. Speaker, Demo- because she knows that’s a deal break- posal. NEIL ABERCROMBIE of Hawaii, a crats are wasting more time on a no- er that will lead to absolutely no drill- Democrat, and JOHN PETERSON of Penn- energy solution for our energy crisis. ing. sylvania have put together a good bi- This bill says ‘‘no’’ to actually increas- Mr. Speaker, I would attest to you partisan compromise that we should be ing American-made energy and reliev- that OPEC could not have drafted a considering as part of this discussion ing energy costs for the American peo- better bill than what the Democrats today. It will advance American energy ple. No new refineries, no provisions to filed in the dark of night. and American energy jobs. cut redtape and increase American re- We need to vote this down. The The bill we’re dealing with today fining capacity of American-made en- American people see through it. Bring says no nuclear, no clean coal—and I’m ergy. No lawsuit reform to prevent up the American Energy bill. We have from Pennsylvania; we care about that. frivolous lawsuits from radical envi- no time to waste. And there’s really no oil and gas. That ronmental groups intent on playing political games. f really limits our options as a nation. We want to create American energy The only thing they’re saying ‘‘yes’’ WE NEED TO COME TOGETHER ON jobs, and we want to use the revenues to is an $85 billion tax increase. It AN ENERGY BILL to transition to alternative and renew- would include unfair penalties for (Mr. MCCARTHY of California asked able energy as well as conserve and re- States that simply can’t adjust to fed- and was given permission to address alize efficiencies. erally mandated one-size-fits-all re- the House for 1 minute.) The American people expect better. newable electricity standards. Mr. MCCARTHY of California. Mr. They expect bipartisanship. And what America deserves an all-of-the-above Speaker, like most every Member in- we are considering here today, unfortu- energy solution. I strongly urge my side this House, the first day that you nately, does not meet that test. colleagues to vote down this bill.

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00018 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.000 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19202 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 September 16, 2008 REPUBLICANS GOT AMERICA INTO WE NEED ENERGY INDEPENDENCE above, bipartisan—we hope it will be a THIS MESS (Mr. TIM MURPHY of Pennsylvania bipartisan bill. It’s up to my colleagues (Mr. WEINER asked and was given asked and was given permission to ad- and my friends on the other side of the permission to address the House for 1 dress the House for 1 minute.) aisle, but the solutions are there. minute.) Mr. TIM MURPHY of Pennsylvania. They’re available today. The renew- Mr. WEINER. Mr. Speaker, my col- Mr. Speaker, America is threatened by ables are in front of us, and they hire leagues on the other side have finally four securities: Family security which more people than fossil fuels. found the forum perfectly equipped for finds itself hurting to pay for gasoline, f their ideas: one 60-second burst at a food and heating costs; job security time filled with rhetoric and no new which sees our jobs going overseas, not ALLOW A VOTE ON THE AMERICAN ideas. This is the perfect forum for the only for manufacturing, but where ENERGY BILL Republicans in Congress now. other countries are drilling for oil, we (Mr. PRICE of Georgia asked and was We know that because when they can only sit back and watch; economic given permission to address the House controlled Congress, they passed their security, when we see our trade deficit for 1 minute.) own energy bill, signed into law by the improving in every area except for en- Mr. PRICE of Georgia. Mr. Speaker, President, we got into this mess. This ergy, when we see OPEC spending so the most pressing, the most urgent is the President whose idea of an en- much money to buy our national debt issue facing the American people today ergy policy is holding hands with the and $700 billion of our money goes over- is energy policy, gas prices. Yet the Crown Prince of Saudi Arabia, embrac- seas every year; and our national secu- strongest Nation, the greatest Nation ing him with a big smooch. rity, when we see what other countries in the world is 70 percent reliant on If my colleagues want to do some- do with oil dollars, Iran buying mis- foreign oil. siles, building nuclear weapons, Ven- thing interesting, go to Now, the good news is that there are ezuela sending terrorists to attack Co- opensecrets.org. Look at the donations wonderful and incredible alternatives lombia, the Saudis paying off al Qaeda, of ExxonMobil, look at Texaco, look at and opportunities to create American and Russians attacking Georgia, all of those, and look at the ‘‘Rs’’ next energy for Americans. The problem is threatening Ukraine and Poland. to all of the people who got it. We have to have energy independ- that this Democrat bill today will not, I gotta tell you something. The sta- ence, and the means to energy inde- will not allow any new supply. tus quo is perfect. We govern over here, pendence is to drill for our oil and use The reason the American people are and on that side, 60 seconds of bluster that money to fund vast conservation so disgusted with Congress is because at a time, 60 seconds of rhetoric at a efforts and innovative fuels so we can of this style of leadership: closed, un- time, 60 seconds of ‘‘drill, baby, drill’’ get off of oil. We have got oil to do fair, un-American. This is most frus- at a time. that, and the oil is off of our Outer trating and concerning to the Amer- If you want to govern the country, Continental Shelf and out in Colorado ican people because they know that you had your chance and you blew it. in the shale oil and out in the Arctic there are positive alternatives. Look at the energy bill you passed. shores, and we can’t get to it if we put Madam Speaker, fulfill your duty. f a lock on it and turn the key and throw Allow a vote on the American energy bill. Honor your oath. b 1130 away the key. We need energy independence, and f WE DON’T NEED A SHAM this is a means towards the end. POLITICAL BILL f COMPREHENSIVE ENERGY ACT (Mr. HENSARLING asked and was THE SOLUTIONS TO ENERGY INDE- (Mr. PERLMUTTER asked and was given permission to address the House PENDENCE ARE THERE AND given permission to address the House for 1 minute and to revise and extend AVAILABLE TODAY for 1 minute.) his remarks.) Mr. PERLMUTTER. Mr. Speaker, it’s Mr. HENSARLING. Mr. Speaker, (Mr. HALL of New York asked and great to be here this morning to talk in since the Democrats took control of was given permission to address the favor of a Comprehensive Energy Act the House, prices at the pump have in- House for 1 minute.) that we’re going to bring up on the Mr. HALL of New York. Mr. Speaker, creased 75 percent, I would say to my floor today. I agree that we need energy independ- friend from New York. Their response, My friends on the other side have ence. All Americans agree that we need take a 6-week vacation while the been complaining for weeks that we energy independence. There used to be American people suffer. don’t have a comprehensive energy bill. bipartisanship on this issue. In fact, it Then they come back and, in the We’ve passed bill after bill really de- was the first President Bush who pro- dead of night, present us with a 240- signed to focus on new ways to power posed an executive order banning drill- page nonenergy bill, no amendments, America. We can’t be hooked on just ing on the Outer Continental Shelf. no substitutes, no committee hearings. We’ve had eight budgets sent here by one commodity anymore. We’re hooked Is this democracy? No. Is there any dif- President George W. Bush, who’s his on oil. We are beholden to eight coun- ference in NANCY PELOSI’s America and son. Every one of them, including this tries, most of which don’t like us, and Hugo Chavez’s Venezuela? I think not. February when we got the budget for five oil companies. So we’re always This is a sham. This is a fraud. This fiscal 2009, included language banning sort of at risk, and we’ve seen that this is a bill designed to ensure Democrats’ drilling on the Outer Continental year with the price going straight up. reelection, not designed to ensure af- Shelf. So we’ve got a bill that talks about fordable energy in America. Somebody got a poll this last spring, energy efficiency, renewable energy, No new refineries in their bill, no and the prices went up because they’re and incorporates domestic drilling all clean coal, no ANWR, no nuclear and, being manipulated by oil companies over the place, quite frankly, coal, a if you read it, no Outer Continental and OPEC, and we wind up with a situ- whole variety of things. Shelf; 85 percent still off limits. ation where it becomes a campaign It’s going to take our coming across Democrats look at our oil and gas re- issue that was made into a partisan the board with new policies with reserves and say these are toxic waste re- issue by, I believe, the party that had spect to energy to break our depend- serves. Republicans look at our oil and originally supported these things, ence on foreign oil. That’s what this gas reserves and say valuable natural whose President sent us eight budgets bill does. resources to ease the pain at the pump. with banning the Outer Continental And I always say, is it any wonder Mr. Speaker, we need American en- Shelf language. with two oilmen in the White House ergy made in America for Americans. So I would just say calm down. We that the price of oil went straight We don’t need a sham political bill. are working on a genuine, all-of-the- through the roof?

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00019 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.000 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 19203 PEOPLE NEED HELP IN AMERICA mother was a Republican. But let me San Francisco, would not allow us a (Mr. GOHMERT asked and was given tell you, my father was a Democrat be- vote on this. One guy said, I can’t be- permission to address the House for 1 cause he thought that the Democrat lieve she’s that powerful that she is minute.) Party was for the working class. single-handedly holding this up when Ladies and gentlemen in this Cham- Mr. GOHMERT. Mr. Speaker, I just the majority of the American people ber, the working class are getting came back from a weekend of being want to see this done and done now and stiffed by this bill. It’s interesting be- with my constituents that were hit by get a comprehensive, all-of-the-above cause since the Democrats took control a hurricane. They don’t care about Re- strategy. of both the Houses, gasoline has gone publican or Democrat, and they cannot She does have that power, and she’s up over $1 a gallon. Now you know find a generator that’s a hybrid gener- exercising her power. She has the key. what that means? That means that the ator. They need help. She holds the key in her hand to working class and the middle class are And when I went and was dealing unlock the potential of America, to really getting hurt. with sheriffs that were trying to get unlock oil and gas reserves in this The bill that we have before us today country that would last for 160 years help for their people in the middle of is not one that’s going to produce any the night, one of them said, You know that we can get right here in our own kind of energy. Let me tell you why. backyard. And while we’re doing that, I’m a Democrat. I said, You know I First of all, lawsuits will stop any don’t care. we can develop technologies like wind, drilling. There’s no consolidation or solar, nuclear, hydro, biomass, all People need help in America, and this method to consolidate any lawsuits bill that’s been put on the floor will other technologies in an environ- that may be brought by numerous en- mentally sound way, and we need to do provide none of the above. The litiga- vironmental groups. Certainly, we tion has stopped 68 million acres from it now. want to protect the environment, but Instead, we’re getting a bill that’s being drilled, and now once we find you know what, this bill does not that out, we find out that’s their ace in full of tax increases and drilling less in produce one ounce of any kind of petro- America, and this is the biggest hoax the hole to keep this bill from pro- leum product. ducing anything. perpetrated on the American people Also, I come from a State that could that I’ve seen since I’ve been in Con- People want hope. People need gaso- be producing, but there’s no revenue- line. They need diesel. They don’t need gress. sharing. So no legislature or no Gov- And on her Web site, she says a bill a joke that is turned into a mean, ernor will ever vote to allow any kind mean, hurtful bill. should generally come to the floor of drilling off their shore. under procedures that allow full and f f open debate. Members should have 24 THE REPUBLICANS DON’T WANT THE REPUBLICANS ARE POLITI- hours to examine bills and conference TO FIX THE ENERGY PROBLEM CIZING THE HEARTBREAK OF reports before they come to the floor. But she’s not doing it. (Mr. OLVER asked and was given AMERICA permission to address the House for 1 (Mr. SALAZAR asked and was given f minute.) permission to address the House for 1 b 1145 Mr. OLVER. Mr. Speaker, our Repub- minute.) lican colleagues are saying that H.R. Mr. SALAZAR. Mr. Speaker, frankly, ANNOUNCEMENT BY THE SPEAKER 6899, the Comprehensive Energy Policy today I’m totally surprised that the PRO TEMPORE Act that this House will debate and other side is politicizing the heart- The SPEAKER pro tempore. The pass later today, is a sham. break of America. The other side has Chair will remind the Members to ob- Let me remind them, H.R. 6899 con- actually raised fuel prices. We have an serve proper decorum and please heed tains essentially the same drilling lan- oilman in the White House. What we the gavel. need now is common energy policy, ex- guage they demanded a vote on in June f and July. Yet, they will vote against it panding our renewable energy policy, today just as they did in June and July and making sure that we address clean GRAND OLD OIL PARTY HAS A when they voted against requiring coal burning technology. CASE OF AMNESIA Who was it that withdrew the drilling in the already leased National (Mr. DEFAZIO asked and was given Petroleum Reserve in Alaska, against FutureGen project off the table? It was permission to address the House for 1 cracking down on speculation, and President Bush that did this. minute.) Ladies and gentlemen, let’s make against releasing a small portion of the Mr. DEFAZIO. Well, the Grand Old sure that America listens to what Strategic Petroleum Reserve. Oil Party has a case of collective am- Americans are talking about: high en- The truth is, they don’t want to even nesia. They would hope that the Amer- begin to fix the problem. They only ergy prices; they’re losing their jobs. Today, this bill expands domestic ican people will share in their amnesia. want to distract public attention from The American people should forget eight disastrous years of the Bush ad- drilling opportunities, not only offshore but also on the land. that for 6 years they controlled every- ministration. thing, the House, the White House and A failing economy, a failing foreign f the Congress. And for 6 years they la- policy, a clearly failed energy policy, THE SPEAKER HOLDS THE KEY IN bored and they brought forth the Bush- and no new ideas. HER HAND TO UNLOCK THE PO- Cheney energy policy. I voted against f TENTIAL OF AMERICA it, as did most Democrats. We said it (Mr. SULLIVAN asked and was given would make us even more dependent THE WORKING CLASS ARE GET- permission to address the House for 1 upon Saudi Arabia—one of the Presi- TING STIFFED BY THE DEMO- minute.) dent’s best friends here, the King of CRAT ENERGY BILL Mr. SULLIVAN. Mr. Speaker, when I Saudi Arabia—and it has. It has (Ms. GINNY BROWN-WAITE of Flor- was coming to the House after the Au- worked exactly as they designed. ida asked and was given permission to gust vacation, where we did nothing on Now they’re born again into caring address the House for 1 minute and to energy policy, I was walking through about other forms of energy and energy revise and extend her remarks.) the airport, and many people were pat- independence and American con- Ms. GINNY BROWN-WAITE of Flor- ting me on the back, said get down sumers. It’s just a smoke screen to ida. Mr. Speaker, back in the Fifth there, get that energy bill done, it’s cover for their continued addiction to Congressional District in Florida, I tell hurting us, we need something done. the contributions of the oil industry people I came from a dysfunctional And they said they couldn’t believe and to fighting for the oil industry to family. My father was a Democrat. My that the Speaker, NANCY PELOSI from continue that addiction.

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00020 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.000 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19204 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 September 16, 2008 We’re bringing forward a bill to cluding under the National Mall if they gressional leadership is well known break that dependence, to break the could. They would want to drill every across this Nation. enslavement to OPEC, and to move inch of this land, and that is not a re- It’s time we stood up and had a vote this country toward true energy inde- sponsible way. on a real bipartisan energy bill that in- pendence on domestic resources and Our plan provides for reliance upon cludes coal as part of the solution. new technologies and jobs. I don’t domestically produced energy sources, You know what? The American pub- think anybody believes that they real- all of the above. It requires oil compa- lic is frustrated. They’re tired of this ly care about the American consumers. nies to be responsible and transparent bickering. They want us to work as Re- f in the collection of royalties. It pro- publicans and Democrats in a bipar- vides for a new ethics code for the peo- tisan way to solve this issue. We need DEMOCRAT ENERGY BILL WILL BE ple at the Minerals Management Serv- an energy plan that works for the RECEIVED WITH A THUD ON ice to operate under so that the Amer- American people. We also need an en- WORLD MARKETS ican taxpayer can receive a fair return ergy plan that’s actually going to get (Mr. RADANOVICH asked and was for the disposition of their resources. signed into law. This one doesn’t have given permission to address the House These are public resources deserving a bit of hope. for 1 minute.) public accountability. f Mr. RADANOVICH. When President f Bush lifted the Presidential morato- WE MUST SOLVE THIS ENERGY rium on offshore oil drilling, the price NO COAL IN DEMOCRAT ENERGY CRISIS of oil dropped $12 a barrel immediately BILL (Mr. MANZULLO asked and was and has been falling ever since. (Mr. SHIMKUS asked and was given given permission to address the House I have said many times over the sum- permission to address the House for 1 for 1 minute.) mer that if Congress passes an energy minute and to revise and extend his re- Mr. MANZULLO. Mr. Speaker, Amer- bill that increases production of do- marks.) ica faces an energy crisis that threat- mestic energy, the markets will react Mr. SHIMKUS. Mr. Speaker, my coal ens the livelihood of the people we rep- immediately with lower prices. This is Democrats, who have promised me that resent. Every day they get up to go to the litmus test that Congress will be they would take one vote in this Con- work, many people wonder whether or delivering what the American people gress to advance coal, and we have not not they can afford the gas for their want. seen it. And my colleagues will want to tanks. And to compound it, the high The Democrat energy bill will be re- attack the oil, but the best way to get cost of energy is destroying manufac- ceived with a resounding thud on the off of imported crude oil is to use coal. turing jobs in our country. My largest world markets. It won’t move the price There is nothing in the Democrat bill city is at 11 percent unemployment. of gas one cent because it provides no that advances coal use; nothing, zero— Many manufacturing facilities have incentives for States who increase pro- no oil shale, no coal, no oil sands, noth- been hit because of the high cost of en- duction offshore. ing. It’s not a comprehensive plan. ergy; they simply cannot compete. Unlike the Comprehensive American We can turn coal into liquid fuel. Today, we debate an energy bill that Energy Act, the bill we are voting on That’s what our Department of Defense further compounds the problem. Last today does not address oil shale pro- wants. We can turn coal into clean night, the Democrats filed a bill that duction, lawsuit reform, streamlining burning electricity. That’s what the gives the illusion of opening up our the nuclear energy process, coal-to-liq- environmentalists want. But is there coast to drilling, but really continues uid technology, increase refinery ca- anything for coal in this bill? No. to keep those areas closed, with no op- pacity, and opening ANWR. However, If you vote for this Democrat bill, portunity to debate it. the bill does include a drawdown over you are voting against coal. It’s our Last May, I authored a 12-point gas Strategic Petroleum Reserves, a fraud- largest resource that we have in this relief plan that incorporates more do- ulent use-it-or-lose-it legislation, and country. We are the Saudi Arabia of mestic production of oil, conservation, an extremely costly renewable energy coal. We do not use it fully, you all and new fuel and vehicle technologies. mandate. Maybe this majority ought to know it. Speaker PELOSI hates coal, Until these technologies come online, go back to suing OPEC to produce hates it, and that’s why it’s not in this we have to increase our supply of oil to more oil because under this bill, that bill. give us the relief that we need, to give reliance is still there. f us the time that we need. We have enough oil now in order to f COAL IS PART OF THE ENERGY fuel 60 million cars for 60 years. Does ENERGY BILL IS A COMPROMISE SOLUTION that mean that we use it all up? Of (Mr. RAHALL asked and was given (Mrs. CAPITO asked and was given course we don’t. We simply need this as permission to address the House for 1 permission to address the House for 1 an opportunity for breathing time minute and to revise and extend his re- minute and to revise and extend her re- until we can develop these new tech- marks.) marks.) nologies. Mr. RAHALL. Mr. Speaker, Members Mrs. CAPITO. Mr. Speaker, I rep- The time had come to put partisan- of the House, the American people resent an energy State, West Virginia. ship aside and solve this issue on behalf want us to solve the energy problems We give every day. We have abundant of the American people. facing our country in a bipartisan way. resources of coal and natural gas. We f They’re looking to the Congress for an- understand energy. swers, but they realize that the Con- Coal is one of our Nation’s most PERMISSION FOR MEMBERS TO gress cannot provide the only answers. abundant resources, and any truly ADDRESS THE HOUSE FOR 1 No less than T. Boone Pickens has comprehensive energy policy must in- MINUTE said that we cannot drill our way out clude coal. This bill does not. It is not Mr. PENCE. Mr. Speaker, I ask unan- of this mess. The plan that we bring to all-of-the-above. imous consent that every Member who the floor today is a comprehensive en- We have more coal under our feet has not spoken be allowed to address ergy plan that does do all of the above. than the Middle East has oil. I’ve spon- the House for 1 minute. It’s a compromise between the drill no- sored legislation, coal-to-liquid. It The SPEAKER pro tempore. Recogni- where crowd and the drill everywhere holds great promise for helping us to- tion for requests to address the House crowd. And let’s face it, there are some wards our energy independence, but for 1 minute rests in the discretion of on the minority side in this body that such investment received lip service the Chair. The gentleman’s request on would drill everywhere and they’re not from the leadership of this Congress. In behalf of others will not be enter- going to settle for anything less, in- fact, the disdain for coal among contained.

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00021 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.000 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 19205 MOTION TO ADJOURN Larson (CT) Neal (MA) Shea-Porter PROVIDING FOR CONSIDERATION Latham Nunes Sherman OF H.R. 6899, COMPREHENSIVE Mr. PENCE. Mr. Speaker, I move LaTourette Oberstar Shuler that the House do now adjourn. Latta Obey Shuster AMERICAN ENERGY SECURITY The SPEAKER pro tempore. The Lee Olver Simpson AND CONSUMER PROTECTION Levin Ortiz Sires ACT question is on the motion to adjourn. Lewis (CA) Pallone Skelton The question was taken; and the Lewis (GA) Pascrell Slaughter Ms. SLAUGHTER. Mr. Speaker, by Speaker pro tempore announced that Lewis (KY) Pastor Smith (NE) direction of the Committee on Rules, I Lipinski Payne the noes appeared to have it. Smith (NJ) call up House Resolution 1433 and ask LoBiondo Pearce Smith (WA) Mr. PENCE. Mr. Speaker, on that I Loebsack Pence Snyder for its immediate consideration. demand the yeas and nays. Lofgren, Zoe Perlmutter Solis The Clerk read the resolution, as fol- Lowey Peterson (MN) Souder lows: The yeas and nays were ordered. Lucas Pickering Space H. RES. 1433 The vote was taken by electronic de- Lungren, Daniel Platts Speier vice, and there were—yeas 11, nays 393, E. Pomeroy Spratt Resolved, That upon the adoption of this not voting 29, as follows: Lynch Porter Stark resolution it shall be in order to consider in Mack Price (GA) Stearns the House the bill (H.R. 6899) to advance the [Roll No. 592] Maloney (NY) Price (NC) Stupak national security interests of the United YEAS—11 Manzullo Putnam Sullivan States by reducing its dependency on oil Marchant Radanovich Tancredo through renewable and clean, alternative Bartlett (MD) English (PA) Petri Markey Rahall Tanner Cannon Gingrey Sessions Marshall Ramstad fuel technologies while building a bridge to Tauscher Carter Johnson, Sam Shimkus Matheson Rangel the future through expanded access to Fed- Taylor Doolittle Linder Matsui Regula eral oil and natural gas resources, revising Terry McCarthy (CA) Rehberg Thompson (CA) the relationship between the oil and gas in- NAYS—393 McCarthy (NY) Reichert Thompson (MS) dustry and the consumers who own those re- Abercrombie Clay Gohmert McCollum (MN) Reyes Thornberry sources and deserve a fair return from the Ackerman Cleaver Gonzalez McCotter Reynolds Tiahrt development of publicly owned oil and gas, Akin Clyburn Goode McCrery Richardson Tiberi Alexander Coble Goodlatte McDermott Rodriguez ending tax subsidies for large oil and gas Tierney Allen Cohen Gordon McGovern Rogers (AL) companies, and facilitating energy effi- Altmire Cole (OK) Granger McHenry Rogers (KY) Towns ciencies in the building, housing, and trans- Andrews Conaway Graves McHugh Rogers (MI) Tsongas portation sectors, and for other purposes. All Arcuri Conyers Green, Al McIntyre Rohrabacher Turner points of order against consideration of the Udall (NM) Baca Cooper Green, Gene McKeon Ros-Lehtinen bill are waived except those arising under Bachmann Costa Grijalva McMorris Roskam Upton Van Hollen clause 9 or 10 of rule XXI. The bill shall be Bachus Costello Gutierrez Rodgers Ross considered as read. All points of order Baird Courtney Hall (NY) McNerney Rothman Visclosky Baldwin Cramer Hall (TX) McNulty Roybal-Allard Walden (OR) against provisions of the bill are waived. The Barrow Crenshaw Hare Meek (FL) Royce Walsh (NY) previous question shall be considered as or- Barton (TX) Crowley Harman Meeks (NY) Ruppersberger Walz (MN) dered on the bill to final passage without in- Bean Cuellar Hastings (FL) Melancon Rush Wamp tervening motion except: (1) three hours of Becerra Cummings Hastings (WA) Mica Ryan (OH) Wasserman debate equally divided and controlled by the Berkley Davis (AL) Hayes Michaud Ryan (WI) Schultz chairman and ranking minority member of Berman Davis (CA) Heller Miller (FL) Salazar Waters Watson the Committee on Natural Resources; and (2) Berry Davis (IL) Hensarling Miller (MI) Sali one motion to recommit. Biggert Davis (KY) Herger Miller (NC) Sa´ nchez, Linda Watt SEC. 2. During consideration of H.R. 6899 Bilbray Davis, David Herseth Sandlin Miller, Gary T. Weiner Bilirakis Davis, Lincoln Higgins Miller, George Sanchez, Loretta Weldon (FL) pursuant to this resolution, notwithstanding Bishop (GA) Davis, Tom Hill Mitchell Sarbanes Weller the operation of the previous question, the Bishop (NY) Deal (GA) Hinchey Mollohan Saxton Westmoreland Chair may postpone further consideration of Bishop (UT) DeFazio Hinojosa Moore (KS) Scalise Wexler the bill to such time as may be designated by Blackburn DeGette Hirono Moore (WI) Schakowsky Whitfield (KY) the Speaker. Blumenauer DeLauro Hobson Moran (KS) Schiff Wilson (NM) Blunt Dent Hodes Moran (VA) Schmidt Wilson (OH) POINT OF ORDER Boehner Diaz-Balart, L. Hoekstra Murphy (CT) Schwartz Wilson (SC) Mr. CANTOR. Mr. Speaker, I make a Bonner Diaz-Balart, M. Holden Murphy, Patrick Scott (GA) Wittman (VA) point of order against consideration of Bono Mack Dicks Holt Murphy, Tim Scott (VA) Wolf Boozman Doggett Honda Murtha Sensenbrenner Woolsey the resolution because it is in violation Boren Donnelly Hooley Musgrave Serrano Wu of section 426(a) of the Congressional Boswell Doyle Hoyer Myrick Sestak Yarmuth Budget Act. The resolution provides Boustany Drake Hulshof Nadler Shadegg Young (AK) that all points of order against consid- Boyd (FL) Duncan Hunter Napolitano Shays Young (FL) Boyda (KS) Edwards (MD) Inglis (SC) eration of the bill are waived except Brady (PA) Edwards (TX) Inslee NOT VOTING—29 those arising under clause 9 and 10 of Braley (IA) Ellison Israel Aderholt Jackson-Lee Poe rule XXI. This waiver of all points of Broun (GA) Ellsworth Issa Barrett (SC) (TX) Pryce (OH) order includes a waiver of section 425 of Brown (SC) Emanuel Jackson (IL) Boucher Johnson (IL) Renzi Brown, Corrine Emerson Jefferson Brady (TX) Lampson Smith (TX) the Congressional Budget Act, which Brown-Waite, Engel Johnson (GA) Cubin Mahoney (FL) Sutton causes the resolution to be in violation Ginny Eshoo Johnson, E. B. Culberson McCaul (TX) Udall (CO) of section 426(a). Buchanan Etheridge Jones (NC) Delahunt Neugebauer Vela´ zquez The SPEAKER pro tempore. The gen- Burgess Everett Jordan Dingell Paul Walberg Burton (IN) Fallin Kagen Dreier Peterson (PA) Waxman tleman from Virginia makes a point of Butterfield Farr Kanjorski Ehlers Pitts Welch (VT) order that the resolution violates sec- Buyer Fattah Kaptur tion 426(a) of the Congressional Budget Calvert Feeney Keller Camp (MI) Ferguson Kennedy b 1222 Act of 1974. Campbell (CA) Filner Kildee The gentleman has met the threshold Cantor Flake Kilpatrick Messrs. DONNELLY, TIERNEY, burden to identify the specific lan- Capito Forbes Kind BISHOP of New York, CLEAVER, guage in the resolution on which the Capps Fortenberry King (IA) SHADEGG, CLYBURN, CARSON of In- Capuano Fossella King (NY) point of order is predicated. Such a Cardoza Foster Kingston diana, PAYNE and DAVIS of Illinois point of order is disposed of by the Carnahan Foxx Kirk and Mrs. MUSGRAVE, Mrs. question of consideration. Carney Frank (MA) Klein (FL) MCMORRIS RODGERS and Ms. The gentleman from Virginia (Mr. Carson Franks (AZ) Kline (MN) Castle Frelinghuysen Knollenberg SCHAKOWSKY changed their vote CANTOR) and the gentlewoman from Castor Gallegly Kucinich from ‘‘yea’’ to ‘‘nay.’’ New York (Ms. SLAUGHTER) each will Cazayoux Garrett (NJ) Kuhl (NY) So the motion to adjourn was re- control 10 minutes of debate on the Chabot Gerlach LaHood jected. Chandler Giffords Lamborn question of consideration. Childers Gilchrest Langevin The result of the vote was announced After that debate, the Chair will put Clarke Gillibrand Larsen (WA) as above recorded. the question of consideration, to wit:

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00022 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.000 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19206 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 September 16, 2008 Will the House now consider the resolu- Mr. Speaker, I reserve the balance of with our votes, the oil companies or tion? my time. the consumers and the citizens of the The Chair recognizes the gentleman Ms. SLAUGHTER. Mr. Speaker, I United States. from Virginia. yield myself such time as I may con- I urge my colleagues to vote ‘‘yes’’ to Mr. CANTOR. Mr. Speaker, last sume. consider the rule and reserve the bal- night, the Committee on Ways and Mr. Speaker, the point of order is ance of my time. Means certified that the underlying about whether to consider the rule and Mr. CANTOR. Mr. Speaker, I would legislation contained no earmarks, and ultimately the Comprehensive Amer- say in all respect to my colleague from under the rules there is no other way ican Energy Security and Consumer New York, I still don’t understand how to challenge that certification, which Protection Act. In fact, I would say the insertion of this earmark, this in- is one of the reasons why I stand before this is simply an effort to kill the bill. sertion of $1.2 billion, has anything you today. In the midst of the energy crisis, the whatsoever to do with this bill, has Provisions in H.R. 6899 calling for the bill takes important steps towards in- anything whatsoever to do with in- restructuring of the New York Liberty creasing domestic energy production, creasing American energy production, Bonds is clearly an earmark. This ear- encouraging the development of alter- which is the purpose of this bill, which mark is worth $1.2 billion and stands to native fuels and cutting down on the is the majority’s stated purpose, that benefit one entity, which is New York corruption between the Bush adminis- we want to increase American energy City. tration regulators and the oil industry. production. I have a letter, Mr. Speaker, dated By expanding access to offshore oil But, instead, what the gentlelady October 30, 2007, from the chief of staff reserves, the bill encourages oil explo- talks about, again, is not at all respon- of the Joint Committee on Taxation in ration and could lead to increased do- sive to what it was that I was raising. which he determines that the New mestic energy production. We don’t have to have a vote on this York Liberty Zone tax incentives is a By releasing oil from the Strategic issue if the gentlelady would accept limited tax benefit and therefore an Petroleum Reserve, the bill will lead unanimous consent to remove the ear- earmark. Furthermore, Mr. Speaker, quickly to reducing prices at the pump. mark from the bill to go forward. according to House rule XXI, clause 9, In light of an Inspector General re- Again, why are we having this ear- and the Honest Leadership and Open port showing that Minerals Manage- mark, this $1.2 billion earmark? This is Government Act of 2007, this earmark ment Service employees were accept- exactly what the American public is so should have been disclosed along with ing gifts from the oil companies they upset with Congress about, the fact the Member that requested the same. regulate, engaging in unethical sexual that we have a bill that is designed to From all reports, Mr. Speaker, in- and drug conduct, this bill would sub- increase American energy production stead of going through the proper project the MMS employees to higher eth- to help us try and wean off of the in- cedure, disclosing that this was going ical standards and make it a Federal credible reliance that we have on for- to be included in the bill, this provision offense for oil companies to provide eign oil. Why? The public has to be was air-dropped into the bill over the gifts for MMS employees. asking why in the world would we be weekend at the last minute without inserting $1.2 billion in directed funds b 1230 any ability for any of the Members to to one locality. Why in the world would know that this was in the bill. By promoting energy efficiency and we be doing that? Reports say that it is the chairman conservation in buildings, through up- It does not make any sense. The fact of the Ways and Means Committee, dated building codes and incentives for that the Ways and Means Committee Representative RANGEL, that has re- energy-efficient construction, this bill has certified that this is not an ear- quested this earmark. Yet how are we will lead to reduced energy use and mark, to me, flies in the face of the to know whether Chairman RANGEL is lower utility bills. At the same time, open and honest way that the majority the sponsor of this earmark, since by providing more funding for home has said they would run this House. there has been no transparency and no heating assistance, we ensure that sen- Again, I have a letter from the chief notification as required under the rule? iors and other vulnerable populations of staff from the Committee on Joint Furthermore, Mr. Speaker, this ear- will not have to choose between food Tax which says that the New York City mark produces no energy for American and heating oil. Liberty Bonds and the provisions call- families, and the way that the major- By providing incentives and support ing for their restructuring is an ear- ity plans to pay for this earmark is by for development and deployment of do- mark. Again, I say to the majority, if raising taxes on job creation as well as mestic alternative energy tech- we are going to be straightforward in energy production. nologies, the bill will promote energy our desire to solve the problem of Mr. Speaker, we are going to hear a security for the United States. Under American energy production, this ear- lot today during the debate about rev- this bill, power companies would be remark has no place in the bill. enue sharing and the fact that many quired to generate 15 percent of their Mr. Speaker, I reserve the balance of coastal States, including my State of electricity from renewable sources by my time. Virginia, will not be able to share in 2020, reducing air pollution from power Ms. SLAUGHTER. Mr. Speaker, may any of the revenues resulting from en- plants and helping to address the I inquire how much time I have left? ergy exploration off our coast. In light threat of climate change. The SPEAKER pro tempore. The gen- of this, in light of the fact that there is As Americans use more public trans- tlewoman has 7 minutes. no incentive whatsoever to produce en- portation in the face of high gas prices, Ms. SLAUGHTER. Mr. Speaker, I ergy in this bill, in light of that, when this bill will help transit agencies deal would like to yield 3 minutes to the we see that the majority is channeling with added costs and increased rider- gentleman from New York (Mr. CROW- $1.2 billion to New York City for an ship by providing $1.7 billion in grants. LEY). earmark for a project that only bene- At a time of record-breaking oil com- Mr. CROWLEY. I thank the fits that locality, I think that we un- pany profits, the bill will require the gentlelady from New York for yielding derstand now what the intent of the oil companies to pay their fair share by me this time. majority is in bringing the bill to the repealing tax subsidies that they cer- Mr. Speaker, I have often wondered floor in this form. tainly don’t need, and by closing a roy- what the capacity for remembering my There is zero relationship between in- alty loophole in lease agreements from colleagues on the other side of the aisle creasing American energy production 1998 and 1999. have. Apparently, it extends no further and this earmark, Mr. Speaker, which In short, the bill is a much-needed than 7 years and 5 days. Seven years again underlies my objection and is one compromise approach to a widespread and 5 days ago, my city, the City of of the reasons why I raise this point of crisis facing our country. This is sim- New York, was attacked on 9/11. Have order. ply a case today whether we support, you forgotten that?

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00023 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.000 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 19207 For the purposes of your point of application of Senate Rule XLIV’s limited to Limited Tax Benefits,’’ that’s Joint Com- order in opposition to this bill coming tax benefit provision to section 301 of the mittee on Taxation document number JCX– to the floor, it’s the lack of someone American Infrastructure Investment and Im- 48–96, and second, the ‘‘Analysis of Provi- sions Contained in the Line Item Veto Act, taking responsibility for the $1.2 bil- provement Act of 2007 (‘‘Section 301’’), as passed by the Senate Finance Committee Public Law 104–130, relating to Limited Tax lion that you call an earmark. It’s (relating to the restructuring of New York Benefits,’’ that’s Joint Committee on Tax- Crowley, C-r-o-w-l-e-y. It’s the U.S. Liberty Zone tax incentives). I offer this ation document number JCS–1–97. Congress that did this 7 years ago, analysis at your request to assist Chairman The proposed rule in this bill would require after our country was attacked on 9/11, Baucus in making his determination of this the disclosure of limited tax benefits. It 7 years and 5 days ago. issue, as contemplated by Rule XLIV. would define a limited tax benefit to mean I, 5 days ago, stood out on the steps any revenue provision that, first, provides a Senate Rule XLIV Federal tax deduction, credit exclusion, or of the Capitol and sang ‘‘God Bless Section 521 of the Honest Leadership and preference to a particular beneficiary or lim- America’’ with both my colleagues Open Government Act of 2007 (the ‘‘HLOGA’’) ited group of beneficiaries under the Internal from the Republican side of the aisle provides for ‘‘earmark’’ reform. Specifically, Revenue Code of 1986; and second, contains and this side of the aisle. What we are HLOGA adds a new Rule XLIV to the Stand- eligibility criteria that are not uniform in doing today is simply fulfilling a prom- ing Rules of the Senate. Under this rule, ‘‘it application with respect to potential bene- ise, a promise. shall not be in order to vote on a motion to ficiaries of such provision. The proposed rule would apply in most This is not an earmark. This is al- proceed to consider a bill or joint resolution reported by any committee unless the chair- cases where the number of beneficiaries is 10 ready law. We are adapting it, we are man of the committee of jurisdiction, or ma- or fewer for a particular tax benefit. But the changing it so New York can use the jority leader or his or her designee certifies: Finance Committee will not be bound by an money. But I need to remind my col- (1) that each congressionally directed spend- arbitrary numerical limit such as ‘‘10 or leagues on this side of the aisle, there ing item, limited tax benefit, and limited fewer.’’ Rather, we will apply the standard appropriately within the unique cir- is still a 161⁄2 or 17-acre hole in lower tariff benefit, if any, in the bill or joint reso- Manhattan. We need to do all we can to lution, or the committee report accom- cumstances of each proposal. For example, if a proposal gave a tax benefit directed only to help rebuild that, rebuild the economy panying the bill or joint resolution, has been identified through lists, charts, or other each of the 11 head football coaches in the of New York. Big Ten Conference, we may conclude that I daresay my colleagues from New similar means including the name of each senator who submitted the request to the the rule would nonetheless require disclosure York on the other side of the aisle, committee; and (2) that the information in of this benefit, even though the number of they are opposed to this point of order. clause (1) has been available on a publicly beneficiaries would be more than 10. We will not limit the application of the They will oppose your position on this accessible congressional website in a search- proposed rule to proposals that result in a point of order, because they know this able format at least 48 hours before such reduction in Federal receipts relative to the vote’’. Failure to satisfy this requirement is not an earmark. applicable present-law baseline. We believe makes a bill or joint resolution subject to a They know this is going to help re- that the proposed rule would have applica- point of order until these requirements are build New York. It’s a promise that tion to limited tax benefits that provide a satisfied under the rule. was made by the administration. The tax cut relative to present law for certain For purposes of the rule, the following defi- beneficiaries, like, for example, a tax rate re- President does not call it an earmark. nitions apply. It is in the President’s budget. duction for certain beneficiaries. But we also A congressionally directed spending item believe that the rule would apply to limited I would also object to what my ‘‘means a provision or report language in- friend, the colleague from Virginia, tax benefits that provide a temporary or per- cluded primarily at the request of a Senator manent tax benefit relative to a tax increase said about the chief of staff on the providing, authorizing, or recommending a provided in the proposal, like, for example, Joint Tax Committee. Ed Kleinbard, on specific amount of discretionary budget au- exempting a limited group of beneficiaries May 15 of this year, stated that on the thority, credit authority, or other spending from an otherwise applicable across-the- issue of limited tax benefits, the an- authority for a contract, loan, loan guar- board tax rate increase. swer is that this is a matter wholly antee, grant, loan authority, or other ex- For example, a new tax credit for any Na- penditure with or to an entity, or targeted to within the prerogative of the chair- tional Basketball Association players who a specific State, locality, or Congressional scored 100 points or more in a single game man. He alone decides this issue. district, other than through a statutory or would be covered by the rule. And the rule Mr. RANGEL does not call it an ear- administrative formula-driven or competi- would also cover a new income tax surtax on mark; I don’t call it an earmark. I tive award process.’’ players in the National Hockey League that daresay, many of your colleagues on A limited tax benefit ‘‘means any revenue exempted from the new income surtax any your side of the aisle do not call it an provision that (A) provides a Federal tax de- players who were exempted from the league’s earmark. This is not an earmark. This duction, credit, exclusion, or preference to a requirement that players wear helmets when is to help New York City rebuild after particular beneficiary or limited group of on the ice. beneficiaries under the Internal Revenue The rule defines a beneficiary as a tax- 9/11. Code of 1986; and (B) contains eligibility cri- payer; that is, a person liable for the pay- With all that’s going on, as we read teria that are not uniform in application ment of tax, who is entitled to the deduc- in the papers today about the markets, with respect to potential beneficiaries of tion, credit, exclusion, or preference. Bene- New York City is under tremendous du- such provision.’’ ficiaries include entities that are liable for ress. Don’t add to that. Don’t add to A limited tariff benefit ‘‘means a provision payroll tax, excise tax, and the tax on unre- that today by bringing up this type of modifying the Harmonized Tariff Schedule of lated business income on certain activities. tactic to limit the ability of New York the United States in a manner that benefits The rule does not define a beneficiary as the person bearing the economic incidence of City to rebuild itself. 10 or fewer entities.’’ Senate Floor Statement the tax. For example, in some instances, a Mr. CANTOR. Mr. Speaker, I would taxpayer may pass the economic incidence of like to insert the letter I quoted from A colloquy between Senators Baucus, Dur- a tax liability or tax benefit to that tax- in the RECORD. bin, and Grassley provides some guidance re- payer’s customers or shareholders. The pro- garding how the new rule will be applied in MEMORANDUM posed rule would look to the number of tax- the case of limited tax benefits. In relevant To: Bill Dauster, Deputy Chief of Staff, Sen- payers. That number is easier to identify part the colloquy states: than the number of persons who might bear ate Finance Committee. For more guidance, we also recommend the From: Ed Kleinbard. the incidence of the tax. interpretative guidelines developed by the In determining the number of beneficiaries Date: October 30, 2007. staff of the Joint Committee on Taxation in of a tax benefit, we will use rules similar to Subject: ApplicationV Senate Rule XLIV (re- response to the prior-law line item veto. those used in the prior-law line item veto lating to limited tax benefits) to sec. 301 These guidelines may also be applicable to legislation. For example, we will treat a re- of the American Infrastructure Invest- the interpretation of the proposed earmark lated group of corporations as one bene- ment Improvement Act of 2007 (as passed disclosure rules for limited tax benefits in ficiary for these purposes. Without such a by the Senate Finance Committee on this bill. The Joint Committee on Taxation rule, a parent corporation could avoid appli- September 21, 2007). documents are called, first, the ‘‘Draft Anal- cation of the disclosure rule by simply cre- Request ysis of Issues and Procedures for Implemen- ating a sufficient number of subsidiary cor- You have requested that the staff of the tation of Provisions Contained in the Line porations to avoid classification as a limited Joint Committee on Taxation analyze the Item Veto Act, Public Law 104–130, relating tax benefit under the proposed rule.

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00024 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.000 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19208 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 September 16, 2008 For example, if a related group of corpora- the credit. The provision is effective on the the statutory incidence of the provision falls tions—like parent-subsidiary corporations or date of enactment. on fewer than 10 beneficiaries (i.e., the State brother-sister corporations—owns a football Congressionally Directed Spending Item or of New York, the City of New York and agen- team, then the related group will be consid- Limited Tax Benefit cies or instrumentalities of the State or ered one beneficiary. That treatment is anal- City). The economic incidence of the provi- The threshold question is whether Section ogous to the team being one entity, not sepa- sion is not determinative for these purposes. 301 should be analyzed as a ‘‘congressionally rate entities, like the coaching staff, offen- directed spending item’’ or as a ‘‘limited tax Uniform Application to Potential Beneficiaries sive unit, defensive unit, specialty unit, and benefit,’’ because Rule XLIV treats the two Under Rule XLIV, a tax provision that in practice squad. practice applies only to a limited number of The time period that we will use for meas- somewhat differently. It can be argued that current beneficiaries nonetheless is not a uring the existence of a limited tax benefit Section 301 essentially constitutes a ‘‘con- ‘‘limited tax benefit’’ unless in addition that will be the same time period that is used for gressionally directed spending item,’’ and provision’s ‘‘eligibility criteria are not uni- Budget Act purposes. That is the current fis- therefore that the limited tax benefit anal- form in application with respect to the po- cal year and 10 succeeding fiscal years. Those ysis is irrelevant. The reasoning supporting tential beneficiaries of the provision.’’ (Em- are also all the fiscal years for which the this reading is that in the ordinary course, phasis supplied.) The only direct indication Joint Committee on Taxation staff regularly Federal withholdings on employee wages are of what constitutes the ‘‘uniform applica- provide a revenue estimate. effectively assets of the U.S. Treasury, and For purposes of determining whether eligi- the tax credit made available by Section 301 tion’’ of a taxing statute to potential bene- bility criteria are uniform in application may be claimed (and withholdings on wages ficiaries is the colloquy described above. In with respect to potential beneficiaries of therefore retained rather than being trans- this regard, the colloquy indicates that a tax such a proposal, we will need to determine mitted to the U.S. Treasury) only to the ex- benefit that applies equally to current and the class of potential beneficiaries. In the tent that the employer/governmental unit in potential future beneficiaries will not con- case of a closed class of beneficiaries—for ex- question incurs expenditures for specifically stitute a limited tax benefit, just because ample, all individuals who hit at least 755 ca- identified projects. the number of identifiable beneficiaries reer home-runs before July 2007—that class Section 301 unquestionably has the eco- today is fewer than 10. We suggest that the most logical way to is not subject to interpretation, since only nomic effect of an appropriation: money oth- read Rule XLIV that is consistent with its Henry Aaron satisfies this criteria. If, in- erwise due the U.S. Treasury will, by virtue obvious intended scope and with the colloquy stead, the defined class of beneficiaries is all of this provision, effectively fund (in light of is to conclude that Rule XLIV applies a two- individuals who hit at least 755 career home- the fungibility of money) a specific expendi- step analysis towards ‘‘potential’’ bene- runs, then we will determine the class of po- ture. Nonetheless, this memorandum pro- ficiaries. First, a sponsor of a Bill that has a tential beneficiaries by assessing the likeli- ceeds upon the assumption that Section 301 limited number of current beneficiaries can hood that others will join that class over the is a ‘‘tax benefit’’ and not a ‘‘spending item.’’ rely on the existence of a sufficiently large time period for measuring the existence of a We believe that this is an area where legal class of reasonably-likely potential bene- limited tax benefit. form, not economic substance, controls. Ac- ficiaries to demonstrate that the Bill applies Whether the eligibility criteria are not cordingly, we are of the view that an amend- to more than a limited number of taxpayers. uniform in application with respect to poten- ment to the Internal Revenue Code that has In that case, however, Rule XLIV goes on to tial beneficiaries will be a factual determina- an outlay effect is not by virtue of that fact provide that the statute must be applied uni- tion. To continue with the previous hypo- alone a spending item. For example, we be- formly to them and to currently-known thetical, a proposal that provides a tax ben- lieve that the refundable portions of the beneficiaries. This reading finds direct sup- efit to all individuals who hit at least 755 ca- child tax credit and earned income credit port in the fact that Rule XLIV’s ‘‘uniform reer home-runs may still not require disclo- should be considered tax benefits for these application’’ clause applies only with respect sure if it is uniform in application. If the purposes, notwithstanding the fact that to ‘‘potential beneficiaries’’ of a statute. same proposal is altered so as to exclude oth- these provisions have substantial outlay ef- In other words, a Bill that has a large num- erwise eligible career home-run hitters who fects. ber of current beneficiaries is not a limited played for the Pittsburgh Pirates at some Our mode of analysis is dictated by prac- tax benefit provision, because by definition point in their career, then that kind of a lim- tical necessity: virtually every ‘‘tax expendi- it does not apply to a limited number of tax- ited tax benefit would require disclosure ture’’ could equally well have been imple- payers, without regard to whether future under the proposed rule. mented by Congress as an appropriation. We (‘‘potential’’) taxpayers are treated dif- Some of the guidelines in the Joint Tax- take comfort as well in the observation made ferently from current ones. If, however, a ation Committee’s reports numbered JCX– in the colloquy quoted above that, for pur- Bill today applies only to a limited number 48–96 and JCS–1–97 would not be directly ap- poses of Rule XLIV, the ‘‘beneficiary’’ of a of beneficiaries, then the Bill’s sponsor can- plicable, but may be helpful in determining limited tax benefit is determined by looking not rely on a sufficient number of ‘‘poten- the class of potential beneficiaries. For ex- to the formal imposition of tax liability (i.e., tial’’ beneficiaries emerging in the future to ample, the same industry, same activity, and by determining who is the relevant ‘‘tax- avoid the application of the limited tax ben- same property rules might provide useful payer’’), not to the party bearing the eco- efit rule unless the statute would treat all analysis. nomic incidence of the tax. The colloquy makes clear that the reason for doing so is current and potential beneficiaries equally. Provision to restructure the New York Liberty Under this reading, a statute that has no Zone tax incentives one solely of administrative convenience (‘‘The proposed rule would look to the num- possible future (‘‘potential’’) beneficiaries In addition to repealing certain deprecia- ber of taxpayers. That number is easier to and that applies today to a limited number tion and expensing provisions previously identify than the number of persons who of current beneficiaries must be a limited available in the New York Liberty Zone (the might bear the [economic] incidence of the tax benefit. It cannot be the case, for exam- ‘‘NYLZ’’), Section 301 provides a Federal tax.’’) ple, that a rule identifying a class of tax- credit against the tax imposed for any pay- In this case, Section 301 is structured as a payers comprising only Hank Aaron none- roll period by Code section 3402 (related to tax credit made available under the Internal theless is not a limited tax benefit, on the withholding for wages paid) for which a Revenue Code to certain employers against theory that all those taxpayers (a single in- NYLZ governmental unit is liable under their otherwise-existing obligation to remit dividual) are treated equally. Code section 3403. NYLZ governmental units employee withholdings to the U.S. Treasury. Following this mode of analysis, the most are defined as the State of New York, the In light of our traditional analysis summa- important analytical step in applying Rule City of New York, or any agency or instru- rized above, we therefore think it appro- XLIV to a case (like this) where a statute’s mentality of the first two. priate to proceed on the basis that Section current beneficiaries are limited in number The credit may be claimed during the 12- 301 should be analyzed under the ‘‘limited is to determine the relevant class of poten- year period beginning on January 1, 2008 and tax benefit’’ leg of Rule XLIV. tial (i.e., future) beneficiaries. The colloquy is equal to certain amounts expended by the concludes that a statute’s class of potential governmental units on a qualifying project. Limited Group of Current Beneficiaries beneficiaries is to be determined ‘‘by assess- A qualifying project is any transportation A second issue is whether Section 301 cur- ing the likelihood’’ that beneficiaries beyond infrastructure project in or connecting with rently benefits a limited group of bene- those to whom the benefit applies today may the NYLZ that is designated by the Governor ficiaries. Applying by analogy the colloquy’s appear at a later date. of the State of New York and the Mayor of reference to treating a related group of cor- Thus, to continue with the colloquy’s base- the City of New York as a qualifying project. porations as one taxpayer, we believe that ball analogy, a permanent tax benefit made The Governor of the State of New York and the agencies and instrumentalities of New available on a uniform basis to all individ- the Mayor of the City of New York are to al- York State and City should be treated as at uals who hit a least 755 major league career locate to the New York Liberty Zone govern- most two taxpayers for purposes of whether home-runs is probably not a limited tax ben- mental units their portion of the qualifying a limited group of beneficiaries is affected by efit (because the number of individuals who expenditure amount for purposes of claiming the provision. Accordingly, we believe that could qualify in the future is unlimited), but

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00025 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.000 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 19209 a comparable temporary provision expiring has included this in his budget for this es, 3 miles offshore, all of the oil that’s December 31, 2008, probably does constitute a fiscal year? below our national parks, all the oil limited tax benefit, because the class of indi- Mr. CANTOR. If the gentleman says that’s below our most pristine wilder- viduals who could reasonably be expected to so. ness areas, that’s what they are in satisfy that test would come down to two identifiable individuals. But, again, reclaiming my time, I am favor of. Having identified the class of potential not opining and standing up on the sub- Not all of the above, all that’s below. beneficiaries, and having determined that stance of what is behind the request for They had 12 years controlling this in- they are sufficiently numerous as to over- the Liberty Bonds. stitution to do something about all of come the ‘‘limited’’ nature of the tax benefit What I am objecting to is the fact the above, wind, solar, geothermal, ef- in question, the final step in the analysis is that this, the insertion of this item, is ficiency. They did nothing. to ensure that the statute will apply uni- so far beyond the jurisdiction of a bill All of this is just another attempt to formly to all potential and current bene- designed to promote American energy get off the point, to have a distraction, ficiaries. In most cases, this determination will be straightforward. production that it just doesn’t even which is why we should reject this In sum, we acknowledge that the ‘‘uniform pass the straight-faced test. point of order. America needs an oil application’’ test is both vague and difficult Mr. Speaker, I reserve the balance of change. to apply. The ‘‘uniform application’’ leg of my time. All right, we will permit some more the analysis should not be read, however, to Ms. SLAUGHTER. Mr. Speaker, I am drilling, but you also have to have a undercut the entire purpose of Rule XLIV. If pleased to yield 31⁄2 minutes to the gen- strategy for the future. They keep say- the only taxpayers that can reasonably be tleman from Massachusetts, the chair- ing on the Republican side, drill, baby, expected to satisfy a bill’s definition of the man of the Select Committee on En- drill. class of beneficiaries of a tax benefit are both few in number and known to the Sen- ergy, Independence and Global Warm- What we are saying is change, baby, ator proposing the Bill at the time that the ing, Mr. MARKEY. change. They can’t change. They are legislation is considered, then in our view Mr. MARKEY. I thank the gentle still out here with the Big Oil agenda. that Bill must give rise to a Rule XLIV lady. They are still out here saying no to issue. Any other reading would vitiate the Mr. Speaker, this is all part of an on- wind, no to solar, no to efficiency, no Rule of any meaning. going effort by the Republicans to to geothermal, no to the future. This mode of analysis leads to a straight- change the subject, to have a drilling Innovate, baby, innovate. Change, forward resolution of the present case. In distraction, anything to get away from baby, change. That’s what this debate practice, only New York State and New York City (and political subdivisions thereof) can what their true agenda is. is all about, and that’s what they are be expected to qualify for the benefits of Sec- This is something that should be op- trying to do. They are trying to change tion 301. The fact that these two identifiable posed. What the Republicans are trying the subject. They are trying to distract beneficiaries are treated equally is not to do here should be opposed, because from the fact that they are interested enough, in our view, to avoid the reach of what this is really all about, and what in more drilling, but not a comprehen- Rule XLIV. they are trying to do now, is to avoid sive energy plan for our country. Conclusion the real debate on the fact that this is That’s why it’s great that we are While we recognize that colorable argu- a comprehensive energy plan that has having this debate. Because we see, ments can be made in support of the con- been brought to the House floor, that once again, what they did for 12 years, trary conclusion, we believe that Rule this bill deals with renewables. It deals distract the American public, allow XLIV’s disclosure requirement for limited with conservation. It deals with all of ourselves to become more dependent on tax benefits is applicable to Section 301. I would be pleased to discuss this issue fur- these issues that we need to deal with. imported oil and then come out and try ther with you, should you wish. In any event, We will see if they mean it when they to wash their hands of their respon- I hope that this memorandum is helpful to say they want a comprehensive energy sibilities. Vote ‘‘aye.’’ Vote for change. the Chairman’s decision-making process. plan, because that’s what we are going Mr. CANTOR. Mr. Speaker, I yield 1 Mr. Speaker, I would also remind my to be debating today, or have they been minute to the gentleman from Arizona good friend from New York that Vir- simply playing politics, which is what (Mr. FLAKE). ginia, too, was attacked on 9/11. So it is this motion is all about. It’s intended Mr. FLAKE. I thank the gentleman not that any of us forget 9/11, but we to avoid the real debate. for yielding. all, in this House, still mourn the loss We are going to see a lot of crocodile Mr. Speaker, I guess that some on of the lives in New York, Pennsylvania tears here, shed on the Republican side the majority side think that they can and Virginia. here, after 12 years of controlling the cover up just by yelling or by raising I would say to the gentleman, that’s energy committees, after 8 years of the volume here of debate. not the issue here. The issue here is having George Bush and DICK CHENEY The bottom line here is, and the rea- about an air-dropped earmark that in the White House, after the Depart- son for this point of order, is that the benefits one entity, one locality, New ment of Energy under Republican con- majority party thought that, all right, York City, that is reported to be re- trol, the crocodile tears are flowing we can have a bill here, or we can quested by one Member, and that is with regard to all of their concern sneak something in. Let’s sneak a lim- Chairman RANGEL. about our energy dependence. ited tax benefit for New York. Again, I say to the gentleman, no That’s what this point of order is all You can call it an earmark, that’s one, no one denies the fact that this about. It’s just another distraction, an- the proper definition when you have a country is struggling, still struggling other attempt to get away from the limited tax benefit. You can call it a post 9/11. Yes, we saw the news in the fact that on renewable, on conserva- banana. You can call it anything you markets yesterday. tion, on efficiency they did almost want to. The bottom line is the major- Yes, I understand the gentleman rep- nothing. It’s almost 12 years that they ity tried to sneak something into a resents New York City, the financial controlled the United States Congress, broader bill that’s supposed to be about capital of the world, and is very con- until last year, in conjunction with the energy, and that’s what this is about. cerned about its well-being, as we all Bush-Cheney secret energy plan. So nobody is trying to distract any- are. But, again, I would make the point The Republicans say they want all of body, other than those who are trying that this is not the subject of my ob- the above, but have they here produced to slip a provision in that doesn’t have jection. a bill which is truly comprehensive? to do with any comprehensive energy Mr. CROWLEY. Will the gentleman No, they have not. plan. It has to do with New York. yield? Because their plan is not all of the You can raise your voice, and you Mr. CANTOR. I yield to the gen- above. The Republican leadership, the can yell all you want. The bottom line tleman from New York. White House, and Big Oil is really con- is somebody tried to sneak a limited Mr. CROWLEY. Thank you. Would cerned with all that’s below, not all of tax benefit into this legislation. That’s the gentleman agree that the President the above, all that’s below. Our beach- why I support the point of order.

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00026 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.000 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19210 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 September 16, 2008 Ms. SLAUGHTER. Mr. Speaker, may Ms. SLAUGHTER. Mr. Speaker, on Boehner Hayes Platts I inquire how many more speakers my that I demand the yeas and nays. Bonner Heller Porter Bono Mack Hensarling Price (GA) colleague has? The yeas and nays were ordered. Boozman Herger Pryce (OH) Mr. CANTOR. Mr. Speaker, I am the The vote was taken by electronic de- Boustany Hobson Putnam Broun (GA) Hoekstra last speaker. I have no additional vice, and there were—yeas 230, nays Radanovich speakers. Brown (SC) Hulshof Ramstad 180, not voting 23, as follows: Buchanan Inglis (SC) Regula Ms. SLAUGHTER. All right. Then I Burgess Issa [Roll No. 593] Rehberg shall wait to close. Burton (IN) Johnson (IL) Reichert Mr. CANTOR. Mr. Speaker, may I YEAS—230 Buyer Jones (NC) Renzi Calvert Jordan ask, does the gentlelady have an addi- Abercrombie Gillibrand Neal (MA) Reynolds Camp (MI) Keller Rogers (AL) tional speaker, or is she ready to close? Ackerman Gonzalez Oberstar Campbell (CA) King (IA) Ms. SLAUGHTER. I have one more, Allen Gordon Obey Rogers (KY) Cannon Kingston Rogers (MI) Altmire Green, Al Olver Cantor Kirk but I only have about half a minute Rohrabacher Andrews Green, Gene Ortiz Capito Kline (MN) left, so it is going to be very brief. Ros-Lehtinen Arcuri Grijalva Pallone Carter Knollenberg Roskam Mr. Speaker, I reserve the balance of Baca Gutierrez Pascrell Castle Kuhl (NY) Royce my time. Baird Hall (NY) Pastor Chabot LaHood Ryan (WI) Mr. CANTOR. Mr. Speaker, all I Baldwin Hare Payne Coble Lamborn Sali Barrow Harman Perlmutter Cole (OK) Latham would say is the histrionics that we Saxton Bean Hastings (FL) Peterson (MN) Conaway LaTourette Scalise have already seen on the majority side Becerra Herseth Sandlin Pomeroy Crenshaw Latta Schmidt of the aisle indicate the sensitivity of Berkley Higgins Price (NC) Davis (KY) Lewis (CA) Sensenbrenner Berman Hill Rahall Davis, David Lewis (KY) the matter of earmarks. Sessions Berry Hinchey Rangel Deal (GA) Linder We, I think, all have noticed that the Bishop (GA) Hinojosa Shadegg Reyes Dent LoBiondo public has an increasing awareness of Bishop (NY) Hirono Shays Richardson Diaz-Balart, L. Lucas Blumenauer Hodes Shimkus the way that this body operates, and Rodriguez Diaz-Balart, M. Lungren, Daniel Boren Holden Shuster they have a great dissatisfaction aimed Ross Doolittle E. Boswell Holt Simpson towards this process. That’s why we Rothman Drake Mack Boucher Honda Duncan Manzullo Smith (NE) raise this issue. It is just completely Boyd (FL) Hooley Roybal-Allard Smith (NJ) Ruppersberger Emerson Marchant unfair. It smacks of a smoke-filled Boyda (KS) Hoyer English (PA) McCarthy (CA) Smith (TX) Brady (PA) Inslee Rush Souder room, behind-closed-doors dealings Ryan (OH) Everett McCotter Braley (IA) Israel Fallin McCrery Stearns that is not befitting of this institution. Brown, Corrine Jackson (IL) Salazar Sullivan ´ Feeney McHenry Frankly, it is not what the American Butterfield Jefferson Sanchez, Linda Tancredo T. Ferguson McHugh people want, nor what they deserve. Capps Johnson (GA) Flake McKeon Terry Sanchez, Loretta Capuano Johnson, E. B. Forbes McMorris Thornberry Sarbanes b 1245 Cardoza Kagen Fortenberry Rodgers Tiahrt Schakowsky Carnahan Kanjorski Foxx Mica Tiberi That is the reason for raising this Schiff Carney Kaptur Franks (AZ) Michaud Turner Schwartz question surrounding the $1.2 billion Carson Kennedy Frelinghuysen Miller (FL) Upton that has been requested by what re- Castor Kildee Scott (GA) Gallegly Miller (MI) Walden (OR) ports have said was Chairman RANGEL Cazayoux Kilpatrick Scott (VA) Garrett (NJ) Miller, Gary Walsh (NY) Chandler Kind Serrano Gerlach Moran (KS) Wamp of the Ways and Means Committee. Childers King (NY) Sestak Again, on their own, liberty bonds Gilchrest Murphy, Tim Weldon (FL) Clarke Klein (FL) Shea-Porter Gingrey Musgrave Weller should stand a test of this House; but it Clay Kucinich Sherman Gohmert Myrick Whitfield (KY) should not be a provision inserted in a Cleaver Langevin Shuler Goode Nunes Wilson (NM) bill that is meant to increase American Clyburn Larsen (WA) Sires Goodlatte Pearce Wilson (SC) Cohen Larson (CT) Skelton Granger Pence Wittman (VA) energy production so that we can bring Conyers Lee Slaughter Graves Peterson (PA) Wolf down gas prices. Cooper Levin Smith (WA) Hall (TX) Petri Young (AK) Mr. Speaker, with that I yield back Costa Lewis (GA) Snyder Hastings (WA) Pickering Young (FL) Costello Lipinski Solis the balance of my time. Courtney Loebsack Ms. SLAUGHTER. Mr. Speaker, I Space NOT VOTING—23 Cramer Lofgren, Zoe Speier Aderholt Dreier Paul yield the remainder of my time to the Crowley Lowey Stark Barrett (SC) Ehlers Pitts gentleman from New York (Mr. CROW- Cuellar Lynch Stupak Brady (TX) Hunter Poe Cummings Mahoney (FL) Sutton LEY). Brown-Waite, Jackson-Lee Spratt Davis (AL) Maloney (NY) Tanner Mr. CROWLEY. Mr. Speaker, let me Davis (CA) Markey Ginny (TX) Udall (CO) Tauscher Davis (IL) Marshall Cubin Johnson, Sam Walberg just remind my colleague regarding ac- Taylor Davis, Lincoln Matheson Culberson Lampson cusations as to who is responsible for Thompson (CA) Westmoreland DeFazio Matsui Davis, Tom McCaul (TX) Thompson (MS) this particular piece of legislation DeGette McCarthy (NY) Dingell Neugebauer Tierney being added to this bill. Initially this Delahunt McCollum (MN) DeLauro McDermott Towns ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE was air-dropped into the overall bill to Tsongas help New York recover after 9/11 by Dicks McGovern The SPEAKER pro tempore (during Doggett McIntyre Udall (NM) Chairman Thomas. So I guess to some Donnelly McNerney Van Hollen the vote). Two minutes remain in this degree Chairman Thomas is responsible Doyle McNulty Vela´ zquez vote. for this particular provision being here Edwards (MD) Meek (FL) Visclosky Walz (MN) today, without consultation with not Edwards (TX) Meeks (NY) Ellison Melancon Wasserman b 1311 only the ranking member, CHARLIE Ellsworth Miller (NC) Schultz RANGEL at the time, or MIKE MCNULTY Emanuel Miller, George Waters Mrs. MYRICK and Messrs. BURGESS from New York State. Even his own Engel Mitchell Watson and MCKEON changed their vote from Eshoo Mollohan Watt ‘‘yea’’ to ‘‘nay.’’ colleague from the Republican side of Etheridge Moore (KS) Waxman the aisle, Amo Houghton at the time Farr Moore (WI) Weiner Ms. ROYBAL-ALLARD, Ms. LEE and who was a Member, was not consulted Fattah Moran (VA) Welch (VT) Messrs. ALTMIRE, CONYERS, about the addition of this into the leg- Filner Murphy (CT) Wexler Fossella Murphy, Patrick Wilson (OH) HINOJOSA and KUCINICH changed islation. Foster Murtha Woolsey their vote from ‘‘nay’’ to ‘‘yea.’’ The SPEAKER pro tempore. All time Frank (MA) Nadler Wu So the question of consideration was for debate has expired. Giffords Napolitano Yarmuth decided in the affirmative. The question is, Will the House now NAYS—180 consider the resolution? The result of the vote was announced The question was taken; and the Akin Bartlett (MD) Bilirakis as above recorded. Alexander Barton (TX) Bishop (UT) Speaker pro tempore announced that Bachmann Biggert Blackburn A motion to reconsider was laid on the noes appeared to have it. Bachus Bilbray Blunt the table.

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00027 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.000 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 19211 MOTION TO ADJOURN LaHood Myrick Sensenbrenner PROVIDING FOR CONSIDERATION Lamborn Nadler Serrano Mr. PRICE of Georgia. Mr. Speaker, I Langevin Napolitano Sessions OF H.R. 6899, COMPREHENSIVE move that the House do now adjourn. Larson (CT) Neal (MA) Sestak AMERICAN ENERGY SECURITY The SPEAKER pro tempore (Mr. Latham Nunes Shadegg AND CONSUMER PROTECTION LaTourette Oberstar Shays ACT JACKSON of Illinois). The question is on Latta Obey Shea-Porter the motion to adjourn. Lee Olver Sherman The SPEAKER pro tempore. The gen- The question was taken; and the Levin Ortiz Shuler tlewoman from New York is recognized Lewis (CA) Pallone Shuster Speaker pro tempore announced that Lewis (GA) Pascrell Simpson for 1 hour. the noes appeared to have it. Lewis (KY) Pastor Sires Ms. SLAUGHTER. Mr. Speaker, for Lipinski Payne Skelton the purpose of debate only, I yield the RECORDED VOTE LoBiondo Pearce Slaughter customary 30 minutes to the gen- Mr. PRICE of Georgia. Mr. Speaker, I Loebsack Perlmutter Smith (NE) tleman from Washington (Mr. demand a recorded vote. Lofgren, Zoe Peterson (MN) Smith (NJ) Lowey Peterson (PA) Smith (TX) HASTINGS). All time yielded during con- A recorded vote was ordered. Lucas Petri Smith (WA) sideration of the rule is for debate The vote was taken by electronic de- Lungren, Daniel Pickering Snyder only. E. Platts Solis vice, and there were—ayes 9, noes 386, GENERAL LEAVE not voting 38, as follows: Lynch Pomeroy Souder Mack Porter Space Ms. SLAUGHTER. Mr. Speaker, I ask [Roll No. 594] Maloney (NY) Price (GA) Speier unanimous consent that all Members AYES—9 Manzullo Price (NC) Spratt have 5 legislative days within which to Marchant Pryce (OH) Stark Doolittle McKeon Shimkus Markey Putnam Stearns revise and extend their remarks and to Johnson (IL) Miller, Gary Waxman Marshall Radanovich Stupak insert extraneous materials into the Linder Saxton Weldon (FL) Matheson Rahall Sullivan RECORD. Matsui Ramstad Tanner The SPEAKER pro tempore. Is there NOES—386 McCarthy (CA) Rangel Tauscher Abercrombie Chabot Gerlach McCarthy (NY) Regula Taylor objection to the request of the gentle- Ackerman Chandler Giffords McCaul (TX) Rehberg Terry woman from New York? Akin Childers Gilchrest McCollum (MN) Reichert Thompson (CA) There was no objection. Alexander Clarke Gillibrand McCotter Reyes Thompson (MS) Ms. SLAUGHTER. I yield myself Allen Clay Gingrey McCrery Reynolds Thornberry such time as I may consume. Altmire Cleaver Gohmert McDermott Richardson Tiahrt Andrews Clyburn Gonzalez McGovern Rodriguez Tiberi Mr. Speaker, H. Res. 1433 provides a Arcuri Coble Goode McHenry Rogers (AL) Tierney closed rule for consideration of H.R. Baca Cohen Goodlatte McHugh Rogers (KY) Towns 6899, the Comprehensive American En- Bachmann Cole (OK) Gordon McIntyre Rogers (MI) Tsongas ergy Security and Consumer Protec- Bachus Conaway Granger McMorris Rohrabacher Turner Baird Conyers Graves Rodgers Ros-Lehtinen Udall (NM) tion Act. The resolution provides 3 Baldwin Cooper Green, Al McNerney Roskam Upton hours of debate on the bill, controlled Barrow Costa Green, Gene McNulty Ross Van Hollen by the Committee on Natural Re- Bartlett (MD) Costello Grijalva Meek (FL) Rothman Vela´ zquez Barton (TX) Courtney Gutierrez Meeks (NY) Roybal-Allard Walden (OR) sources. Bean Cramer Hall (NY) Melancon Royce Walz (MN) Mr. Speaker, American families and Becerra Crenshaw Hall (TX) Mica Ruppersberger Wamp businesses from every city, town and Berkley Crowley Hare Michaud Rush Waters village across our districts are strug- Berman Cuellar Harman Miller (FL) Ryan (OH) Watson gling with the skyrocketing gas prices Berry Cummings Hastings (FL) Miller (MI) Ryan (WI) Watt Biggert Davis (AL) Hastings (WA) Miller (NC) Salazar Weiner and ever-increasing energy costs, Bilbray Davis (CA) Hayes Miller, George Sali Welch (VT) which have obviously gone over into Bilirakis Davis (IL) Heller Mitchell Sa´ nchez, Linda Weller the cost of food and every other com- Bishop (GA) Davis (KY) Hensarling Mollohan T. Wexler Bishop (NY) Davis, David Herger Moore (KS) Sanchez, Loretta Wilson (NM) modity that we use. The American peo- Bishop (UT) Davis, Lincoln Herseth Sandlin Moore (WI) Sarbanes Wilson (OH) ple are calling out for relief, which is Blackburn Deal (GA) Higgins Moran (KS) Scalise Wilson (SC) why we have this comprehensive en- Blumenauer DeFazio Hill Moran (VA) Schakowsky Wittman (VA) ergy package before us today. Blunt DeGette Hinchey Murphy (CT) Schiff Wolf Boehner Delahunt Hinojosa Murphy, Patrick Schmidt Woolsey In considering this legislation, we Bonner DeLauro Hirono Murphy, Tim Schwartz Wu must ask ourselves: How did our great Bono Mack Dent Hobson Murtha Scott (GA) Yarmuth Nation get into this terrible place con- Boozman Diaz-Balart, L. Hodes Musgrave Scott (VA) Young (FL) cerning energy in the first place? Eight Boren Diaz-Balart, M. Hoekstra Boucher Dicks Holt NOT VOTING—38 years ago, two oilmen took the reins of Boustany Doggett Honda America’s energy policy, and they Aderholt Holden Renzi Boyd (FL) Donnelly Hooley Barrett (SC) Hunter Sutton never looked back. They held secret, Boyda (KS) Doyle Hoyer Boswell Jackson-Lee closed door meetings with Big Oil and Brady (PA) Drake Hulshof Tancredo Brady (TX) (TX) Braley (IA) Duncan Inglis (SC) Udall (CO) energy companies at a tremendous cost Cantor Johnson, Sam Broun (GA) Edwards (MD) Inslee Visclosky Cubin Keller to the American people. And the Re- Brown (SC) Ellison Israel Walberg Culberson Lampson publican Congress supported them Brown, Corrine Ellsworth Issa Walsh (NY) Davis, Tom Larsen (WA) Brown-Waite, Emanuel Jackson (IL) Wasserman every step of the way. To this day, we Dingell Mahoney (FL) Ginny Emerson Jefferson Schultz do not know about the secret meetings Dreier Neugebauer Buchanan Engel Johnson (GA) Westmoreland Edwards (TX) Paul that the Vice President held. Burgess Eshoo Johnson, E. B. Whitfield (KY) Ehlers Pence Just this past summer, the American Burton (IN) Etheridge Jones (NC) English (PA) Pitts Young (AK) Butterfield Fallin Jordan people struggled through an excessive Everett Poe Buyer Farr Kagen speculation crisis when oil prices Calvert Fattah Kanjorski ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE jumped over $150 a barrel. Of course, Camp (MI) Feeney Kaptur when the Democrats threatened to rein Campbell (CA) Ferguson Kennedy The SPEAKER pro tempore (during Cannon Filner Kildee in speculators, they pulled over $39 bil- Capito Flake Kilpatrick the vote). There are 2 minutes remain- lion out of the futures market. We Capps Forbes Kind ing in this vote. must address speculation before we Capuano Fortenberry King (IA) leave this session. Because now, the oil Cardoza Fossella King (NY) Carnahan Foster Kingston b 1331 prices are hovering over $90 a barrel, Carney Foxx Kirk and we cannot let that go uncared for. Carson Frank (MA) Klein (FL) So the motion to adjourn was re- Just last week, we saw the havoc Carter Franks (AZ) Kline (MN) jected. that the Bush-Cheney energy policies Castle Frelinghuysen Knollenberg Castor Gallegly Kucinich The result of the vote was announced have wreaked when the Interior De- Cazayoux Garrett (NJ) Kuhl (NY) as above recorded. partment’s Inspector General reported

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00028 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.000 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19212 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 September 16, 2008 that administration employees at the transportation, we will harness innova- Today, we do have a choice. Do we Minerals Management Service, who tion and create good-paying American want to continue on the same dan- were supposed to be regulating oil roy- jobs while strengthening our energy se- gerous energy policies of the past or do alties, were literally accepting im- curity. we want to invest in a clean energy fu- proper gifts and engaging in unethical By expanding the access to offshore ture that will help to ease consumer conduct, such as having sex at parties, oil reserves and encouraging respon- costs in the short term while putting using drugs with persons, employees of sible drilling, the bill promotes more the Nation on a path to a clean energy the oil companies. They were literally, exploration and will lead to increased future that will create a stronger and Mr. Speaker, in bed with each other. domestic energy production. safer America? My colleagues across the aisle say By promoting energy efficiency and Our energy choices will not only af- they want to change the energy policy, conservation in buildings, through up- fect Americans who are suffering at the but their record certainly proves dif- graded building codes and incentives pump but profoundly affect the future ferently. The very same Republicans for energy-efficient construction, the of life on this planet. voted ‘‘no’’ to the first new vehicle effi- bill would lead to reduced energy use ciency standards in 32 years that would and lower utility prices. Mr. Speaker, we cannot afford more have saved $1,000 in fuel costs per car In light of the Inspector General re- of the same when it comes to this ad- per year. They said ‘‘no’’ to recouping port from the Interior Department ministration’s energy policy. showing that the Minerals Manage- the royalties that the oil companies We are all proud Americans, but it is ment Service employees were accept- failed to pay to taxpayers. They said time we start acting like Americans ing gifts from the oil companies and ‘‘no’’ to curbing excessive speculation once again. Our great Nation is known in the energy futures markets, and engaging in unethical conduct, this bill would subject the MMS employees to a around the world for dreaming big and ‘‘no’’ to requiring the oil companies to for reaching those dreams. When Presi- drill on the 68 million acres of Federal higher ethical standard and make it a Federal offense for oil companies to dent Kennedy set a goal to put a man land that they already control nation- on the Moon in 10 years, America got wide, and the list goes on and on. provide them with gifts of any kind. At the same time, by providing more to work and did it. It is time to set big Mr. Speaker, if the other party has goals and work diligently to achieve its way in energy, we will have more of funding for home heating assistance, we ensure that seniors and other vul- them, and that’s exactly what this bill the same Bush-Cheney energy policy does. written by and for the oil companies. nerable populations do not have to choose between food and heating oil. They would help Big Oil to get more I encourage my colleagues on both Under this bill, we would enact our public land owned by every American, sides of the aisle to make history by first national renewable electricity supporting this comprehensive bill that more American oil, more taxpayer dol- standard. The power companies would lars, and continuing record profits sets the country back on track to a be required to generate 15 percent of clean energy future and finally begins while American families and businesses their electricity from renewable get stuck paying record prices at the to break our dangerous addiction to oil sources by 2020, reducing the air pollu- which we have been promising to break pump and heating prices. tion from power plants and helping ad- Mr. Speaker, today this comprehen- for at least the last 30 years. The world dress the threat of global warming. deserves nothing less. sive bill presents the administration As Americans use more public trans- and its allies in Congress with a clear portation in the face of high gas prices, [From the Office of Speaker Nancy Pelosi, choice on energy. Either side with the this bill will help the transit agencies July 30, 2008] American taxpayer, side with the peo- deal with the added costs of increased THE GOP ENERGY PLAN: NONE OF THE ABOVE ple who sent you here to vote and vote ridership by providing $1.7 billion in for this, or side with the Big Oil com- grants. Republicans may talk a good game, but panies who have had the largest profits And at the same time, with the their actions speak louder than words. Re- in the history of mankind and cer- record-breaking oil company profits, it publicans have voted against the critical so- tainly do not need more tax breaks requires the oil companies to pay their lutions that must be part of a comprehensive New Direction for Energy Independence. from the American public. fair share by repealing the tax sub- They voted against renewable energy and Now, there are significant differences sidies they do not need and by requir- conservation, responsible domestic oil pro- between the Bush administration’s pol- ing that the Federal Government col- duction, short-term measures to bring down icy that got us into this mess and the lect the oil royalties due to the Amer- prices now and punish those who are manipu- plan before us today. This package is ican people. That’s one of the reasons lating the oil market, and new requirements an energy package for a 21st century why reform at the committee is so im- that oil companies pay their fair share. policy that will help Americans to re- portant. Instead of working on behalf of American claim a clean energy future. This comprehensive energy legisla- families and businesses, the House Repub- And the choice is very clear, as I said tion is the result of a serious com- licans ‘‘all of the above’’ energy plan simply before, which side are you on? The bill promise on the part of this Congress to rehashes failed ideas on domestic drilling or addresses America’s energy crisis in bring down prices now and to invest in proposes ideas that Republicans have repeat- both the short term and the long term. a clean renewable future. It will pro- edly blocked in the past. Their all-out legis- By releasing oil from the Strategic vide America with the American-owned lative battle in recent years to protect the record profits of oil companies earning Petroleum Reserve, we will imme- energy policy that this administration record profits has earned them the moniker diately lower prices at the pump for has failed to deliver in the last 8 years. ‘‘Grand Oil Party.’’ Americans paying $4 a American families struggling with high Mr. Speaker, there are precious few gallon thanks to an energy policy literally gas costs. And we will replace the oil at moments in each of our lives where we written by the oil industry cannot afford the reserve as the gas prices stabilize. have a chance to do something that this the GOP’s ‘‘none of the above’’ energy Meanwhile, by investing billions of profoundly affects not only our own plan. dollars over the long term in renewable lives but the lives of future genera- The Republican leadership’s ‘‘none of the energy, energy efficiency, and mass tions. above’’ record:

Use it, or Price Renewable NOPEC price Public tran- Energy se- Free our oil Drill act lose it gouging energy fixing sit curity

John Boehner, Republican Leader ...... NO NO NO NO NO NO NO NO Roy Blunt, Republican Whip ...... NO NO NO NO NO NO NO ...... Adam Putnam, Conference Chairman ...... NO NO NO NO NO ...... NO ...... Thaddeus McCotter, Policy Committee Chairman ...... NO NO NO ...... NO ...... NO Kay Granger, Conference Vice-Chair ...... NO NO NO NO NO NO NO NO John Carter, Conference Secretary ...... NO NO NO NO ...... NO NO NO Tom Cole, Chairman, National Republican Congressional Committee ...... NO NO NO NO NO NO ...... NO Eric Cantor, Chief Deputy Whip ...... NO NO NO NO NO ...... NO NO

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00029 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.000 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 19213

Use it, or Price Renewable NOPEC price Public tran- Energy se- Free our oil Drill act lose it gouging energy fixing sit curity

David Dreier, Rules Committee Ranking Republican ...... NO NO NO NO NO ...... NO ...... H.R. 6578 H.R. 6515 H.R. 6251 H.R. 6346 H.R. 6049 H.R. 6074 H.R. 6052 H.R. 6

A full list of measures that large percent- edly and adamantly refused any action cording to the Interior Department, of ages of House Republicans voted against: on such legislation to help lower gas the nearly 10 billion, again B, barrels of Comprehensive energy legislation that in- prices that are hurting people at the oil believed to be offshore in California, cludes the first new vehicle efficiency stand- pump. only 5 percent is beyond the 50-mile ards in 32 years, saving families up to $1,000 a year at the pump. [93 percent, Vote 1140, 12/ And yet today, Mr. Speaker, after barrier. 6/07, HR 6; 50.3 percent, Vote 1177, 12/18/07, HR these many months and years of b 1345 6]. stamping their feet and yelling ‘‘no,’’ Tax incentives for renewable electricity, are we now to believe that these same Mr. Speaker, what this simply means energy and fuel from America’s heartland, as liberal Democrats, standing before us is that this bill permanently bans drill- well as for plug-in hybrid cars, and energy ef- today with a salesman smile on their ing on 95 percent of the oil believed to ficient homes, buildings, and appliances— face, are we to believe them that they be off the coast of California. As if a permanent ban on drilling in four times in just the last 18 months. [82 per- are now declaring that this is a pro- cent, Vote 344, 5/21/08, HR 6049; 91 percent, the first 50 miles offshore were not drilling bill? Vote 84, 2/27/2008; 93 percent, Vote 1140, 12/6/ enough, drilling between 50 and 100 Mr. Speaker, the American people 07, HR 6; 95 percent, Vote 835, HR 2776]. miles out would also be effectively are not fools. They won’t be taken in Investments in energy efficiency and re- banned. By refusing to allow States to by this sham of a bill that will actually newable energy, including solar, biofuels, hy- share in revenue generated by offshore dropower, and geothermal energy, as well as lock down Americans’ ocean oil re- drilling, this bill guarantees that drill- new vehicle technology and energy efficient serves. ing offshore will never be permitted by buildings and homes, with a 50 percent in- There are two phrases that come to crease over the President’s request. [56 per- the States. mind, Mr. Speaker, about this bill. The Right now, States along the Gulf of cent, Vote 641, 7/17/07, HR 2641]. first is ‘‘grasping at straws,’’ which is Landmark energy efficiency standards for Mexico are paid a share of the oil pro- buildings, homes, appliances, and lighting to defined as trying to find reasons to be duced in those waters. Under this bill, save consumers $400 billion through 2030. [93 hopeful about a bad situation. The sec- royalty sharing won’t be allowed. As a percent, Vote 1140, 12/6/07, HR 6; 50.3 percent; ond phrase is ‘‘fig leaf,’’ which means result, States would have no incentive Vote 1177, 12/18/07, HR 6]. something you use to try to hide an to allow any drilling whatsoever. In Requiring that 15 percent of American embarrassing fact or problem. Mr. fact, I would submit they would have a electricity come from renewable energy by Speaker, with this bill, Democrats are 2020. [83 percent, Vote 827, 8/4/97, amendment disincentive. Why would a State allow grasping at straw fig leaves. someone to come into their back yard to HR 3221]. There’s an election coming up, and Reducing transit fares for commuter rail and pay them no share of the profits and buses and expanding service through Democrats are desperately in search of that would be made by the offshore grants to transit agencies. [52 percent, Vote political cover, political cover for their drilling? It is the equivalent of the gov- 467, 6/26/08, HR 6052]. long record of opposing drilling and ernment opening a Starbuck’s or a Responsible drilling in Alaska in the Na- producing more American-made en- McDonald’s franchise in your garage or tional Petroleum Reserve (NPR–A). [86 per- ergy. family home but paying you nothing, cent, Vote 511, 7/17/08, HR 6515]. This straw fig leaf bill was written in Requiring oil companies to drill on 68 mil- even to alleviate the cost of dealing secret. There were no public hearings with the impacts of that business. lion acres they already control. [94 percent, on this bill. The first copy of it was Vote 469, 16/26/08, HR 6251]. And consider this, Mr. Speaker, if Releasing a small portion of the govern- made public at 9:45 p.m. last night, this is truly a drilling bill, why is there ment’s oil stockpile, the Strategic Petro- barely 12 hours ago, and it’s 290 pages no outcry from the radical environ- leum Reserve, to bring down gasoline prices. long. mental special interests? Mr. Speaker, [81 percent, Vote 527, 7/24/08, HR 6578]. The Democrat-controlled Rules Com- it’s because they know that drilling Cracking down on price gouging oil compa- mittee blocked every single Member of will never happen under this plan. nies that artificially inflate the price of en- this House from being able to offer Those who are opposed to drilling can ergy. [74 percent, Vote 448, 6/24/08, HR 6346]. their ideas for improving this bill. No vote for this bill secure in the knowl- Repealing unnecessary subsidies for the amendments were allowed to the bill. edge that drilling will never actually top five oil companies earning record prof- So, Mr. Speaker, Democrats are sim- its—four times over the last 18 months. [91 happen under this sham bill. percent, Vote 84, 2/27/2008; 93 percent, Vote ply playing a political game. Every- Mr. Speaker, my district in central 1140, 12/6/07, HR 6; 95 percent, Vote 835, HR body knows this bill will never pass Washington is the home of Grand Cou- 2776; 81 percent, Vote 40, 1/18/07, HR 6]. Congress and become law, but don’t lee Dam and vast amounts of hydro- Recouping royalties that oil companies take my word for it. Democrat Senator power. It is the home of the only nu- owe American taxpayers for drilling on pub- Mary Landrieu of Louisiana said this clear plant in the Pacific Northwest. It lic lands. [86 percent, Vote 832, 8/4/07, HR bill is ‘‘dead on arrival in the Senate.’’ is home to the vast majority of wind 3221; 81 percent, Vote 40, 1/18/07, HR 6]. And when you examine the details of farms in Washington State. And it is I reserve the balance of my time. this bill, it certainly deserves to be home to the Pacific Northwest Na- Mr. HASTINGS of Washington. Mr. dead, Mr. Speaker. tional Lab, a leader in renewable en- Speaker, I want to thank the It permanently locks up vast ergy research. gentlelady from New York, the Chair of amounts of America’s oil and gas re- Those who call central Washington the Rules Committee, for yielding me serves, including more than 10 billion, home believe in an all-of-the-above the customary 30 minutes, and I yield with a B, 10 billion barrels of oil on plan that lowers energy prices. That myself as much time as I may con- Alaska’s remote North Slope. It leaves means promoting alternative energy sume. 88 percent of America’s offshore energy sources like wind and solar power, rec- Mr. Speaker, for many months the resources locked up. It increases taxes ognizing a need for more nuclear liberal leaders that control this House by billions of dollars, taxes which will power, protecting our valuable hydro- have blocked, dodged, and refused to land squarely on the shoulders of power dams, and also allowing drilling allow a vote on legislation to produce American consumers. And it perma- offshore in Alaska and on other Fed- more American-made energy. nently bans drilling within 50 miles of eral lands. But this bill, Mr. Speaker, Democrat leaders have been absolute American shores. does not address those issues. in their opposition to lifting the ban on Now, Mr. Speaker, why is this fact The Democrat plan just means bil- drilling offshore, and they have repeat- important? It’s important because, ac- lions of dollars in higher taxes, more

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00030 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.000 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19214 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 September 16, 2008 government mandates that will in- drilling—are suddenly preaching the need to be, a post oil-dependent econ- crease costs for everyone, and a perma- merits of this self-proclaimed drilling omy, unless we have a sustainable en- nent ban on most of our offshore re- bill, you know, it’s really hard not to ergy fund that will allow us to do that. sources. laugh, except for the fact that families, We managed to do this in Vermont I believe, Mr. Speaker, that the workers, farmers, schools and small when we had a fierce debate over nu- American people deserve a vote on leg- businesses are struggling under the clear power, and in the storage of nu- islation that truly expands alternative high cost of gasoline, and really this clear waste, assessed a fee that went energy sources and lifts the ban on off- Democrat Congress is doing nothing to into a clean energy fund. It is now al- shore drilling and in Alaska. They de- help. lowing schools to literally cut in half serve a vote on H.R. 6566, the American Instead of real solutions to real prob- their cost of heating their schools. This Energy Act, but the liberal leaders of lems of high gas and energy prices that is a very wise decision and allows us to this Congress have blocked a fair yes- Americans are facing, this Democrat work together to get something done. or-no vote on this bill for months. Congress has chosen to look after Mr. HASTINGS of Washington. Mr. They blocked a fair yes-or-no vote, Mr. themselves in writing this bill. What Speaker, may I inquire as to how much Speaker, because I believe they know if do I mean by that? This bill will do time remains on both sides. it were on the floor, it would likely nothing, nothing but give Democrats a The SPEAKER pro tempore. The gen- pass. talking point and a 30-second television tleman from Washington has 191⁄2 min- Mr. Speaker, BARACK OBAMA, JOE commercial where they can smile and utes. The gentlewoman from New York BIDEN, HARRY REID and NANCY PELOSI claim that they are supporting drilling has 19 minutes remaining. control the Democrat Party here in for American oil. Mr. HASTINGS of Washington. Mr. this Congress. They oppose drilling. I urge my colleagues to vote against Speaker, I am pleased to yield 2 min- They have fought and blocked it for this unfair rule and this sham bill. utes to the Republican whip, Mr. years. Every time drilling has come up With that, Mr. Speaker, I reserve the BLUNT of Missouri. they’ve said ‘‘no, no, no.’’ And this bill balance of my time. Mr. BLUNT. I appreciate the gen- is just more of the same because it says Ms. SLAUGHTER. Mr. Speaker, I tleman yielding. no drilling in Alaska, no to truly lift- yield 3 minutes to the gentleman from This bill comes to the floor today, ing the offshore drilling ban, no to Vermont, a member of the Rules Com- this rule comes to the floor without an opening up oil shale in the western mittee, Mr. WELCH. opportunity to talk about issues that United States, no to hydropower as a Mr. WELCH of Vermont. Mr. Speak- have been before the House for months renewable energy source, no to non- er, we have an opportunity here to de- now. Our Members—even with a 9:45 carbon emitting nuclear power, no to cide to make policy instead of con- notice last night that finally there was building new refineries here in Amer- tinuing to play politics. a bill that nobody had seen on this side ica, and no to clean coal and coal-to- I happen to be among those who be- of the aisle before 9:45, 10:45 Rules Com- liquid technology. The only thing that lieve that we cannot drill our way out mittee meeting—brought a stack of the Democrat bill says yes to are tax of this energy crisis, yet I support this amendments a foot high to the com- increases, permanent bans on drilling, bill that contains significant offshore mittee, none of which we’re voting on and continued high prices. and domestic drilling, and I’ll tell you Mr. Speaker, before I conclude my why. This will offer a transition fund today, amendments and legislation opening remarks, I want to shine the so that we can go from an energy-de- that have been out there for months light on an area of this bill that has pendent economy on oil to an inde- for people to look at that do most of not gotten much attention, partly be- pendent energy economy. the things that the gentleman from cause no one had a copy to read this What this bill will do is marry the ar- Vermont just mentioned. bill before 9:45 last night. gument that has been made on the And I agree that we need to be doing Of serious concern are the costly new other side that we have to have supply everything—we need to be doing more mandates included in the national Re- to get from here to there—that’s true, biomass, we need to be doing more newable Energy Standard that this bill it’s indisputable—and that developing wind, we need to be doing more solar, creates. The most likely and certain our own domestic resources is a way to but we need to be doing more of every- result of this is to increase the power help us get there. And it marries that thing. And everything is not in this bills of almost every American family to establishing that the revenues that bill. There is no nuclear, there is no and business that it affects. That’s will be generated will be used for the lawsuit permitting reform. There is no right, Mr. Speaker, the Democrat bill benefit of the American people to real way to do oil shale in this bill. isn’t going to lower gas prices, but it achieve the goal of energy independ- Most importantly, this bill that now will increase power bills. ence, which requires two things: It re- purports to allow drilling offshore The most egregious of it all is that quires investment in research and de- doesn’t do that because you don’t open this new mandate is slanted and biased velopment of alternative energies, and the door to that offshore drilling. We by saying solar and wind power are re- it requires investment in the imple- have four States in America today that newable under the standard, but that mentation of alternative energy get 37.5 percent of the revenue taken hydropower isn’t. This discrimination projects. from that resource near their State. against hydropower is absolutely ridic- So what you have here is a recogni- We’re telling the other States, the ulous. Hydropower is the most abun- tion that we do need supply; that’s other coastal States, you’re not going dant source of renewable energy in our true. That’s been the argument of the to get anything, but we want you to country. Hydropower is renewable, Republican side. Valid point. But it vote to open the door to that 100-mile clean, non-emitting, non-polluting, and also recognizes that we need a sustain- area offshore. a reliable energy source. able financial fund in order to imple- We’re taking too much permanently Mr. Speaker, those are the facts. ment research and development in the out of play. The 25–50 mile range that And consider this; if capturing the implementation of clean energy Republican bill after Republican bill— sun shining and the wind blowing is re- projects. and in fact Democrats also supported newable energy, then so is water run- This bill also cracks down on specu- bills that have that 25-mile boundary ning downhill, which is precisely what lation, makes oil available, which will in there and let the States open that hydro is all about. But believe it or have an impact on the price of oil. It door, this doesn’t do that. This doesn’t not, it is not renewable by definition does a whole array of things that most produce any real new energy to solve under this bill. of us are in agreement need to be done this problem. And it sets efficiency Mr. Speaker, when Democrats—who on wind, solar, biomass. standards for utilities that can’t be just days ago were proudly declaring So, Mr. President, we can’t drill our met in the time frame necessary. This their career-long opposition to oil way out, but we can’t get to where we bill will raise almost every American’s

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00031 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.001 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 19215 utility bill, some by as much as 100 per- big oil companies. But the American priations Committee proceed under regular cent in a decade, and it won’t produce people are demanding it. We must order, largely relegating our work to the back- the energy that it purports to produce. make this transition and set new inno- burner. The assumption has been that BARACK I think it’s a shame we’re bringing vative priorities for this country when OBAMA would be elected President in Novem- this rule to the floor. I will vote it comes to energy. Our ground-break- ber. The assumption has been that the House against the rule. I am going to be ing effort, our reform and our new pol- majority would remain the House majority and working hard to find another alter- icy set this country on a path toward that an Obama administration would be more native to this bill. energy independence, particularly from inclined to support higher levels of spending in Ms. SLAUGHTER. Mr. Speaker, I the Middle East. So today we will cast bills reflecting the majority’s budget priorities. yield 3 minutes to the gentlewoman aside the policies of the past and start Such a scenario, assumes that the House from Florida, a member of the Com- down a path based upon the right en- pass very few bills, pass a continuing resolu- mittee on Rules, Ms. CASTOR. ergy priorities for America. tion, and leave the future of the remaining bills Ms. CASTOR. I thank the distin- I congratulate Speaker NANCY PELOSI unanswered until after the November election. guished chairwoman from the Rules for her leadership in crafting this com- But, what if JOHN MCCAIN is elected Presi- Committee. promise future-oriented bill, and I dent? And what if he draws an even harder I rise in support of the landmark thank my colleagues and the American line on spending than President Bush? What Comprehensive Energy Security and people for their commitment to a new then? Is the Appropriations Committee going Consumer Protection Act and this rule. energy future for America. to do nothing for the next 4 years? This represents the culmination of I urge adoption of this landmark en- Because the legitimate work of the House is years of debate over energy policy. And ergy bill and this rule. now being dictated by election-year politics, it it does contain numerous measures Mr. HASTINGS of Washington. Mr. now appears that the Appropriations Com- that have already been adopted by this Speaker, I’m pleased to yield 1 minute mittee will not meet again this year. It also ap- body in a bipartisan fashion, but most to the ranking member of the Appro- pears that we will not have a chance to de- importantly, this compromise energy priations Committee, Mr. LEWIS of bate and consider a legitimate energy bill this bill represents fundamental change in California. year. the country’s energy future and a sig- Mr. LEWIS of California. Mr. Speak- The vast majority of Americans support an nificant break with White House poli- er, I want to compliment my ranking energy policy that includes off-shore drilling for cies that give little priority to ending member on the Rules Committee for a oil and natural gas. But the majority leadership still doesn’t get it. Rather than working across the Nation’s dependence on foreign oil. very fine statement that he made on party lines to develop a bipartisan bill—a con- Instead, this is the kind of com- introduction to his opposition to this sensus bill—we can all support, the House is prehensive and balanced energy initia- rule, and I rise in opposition to the rule being forced to consider a ‘‘take it or leave it’’ tive that the American people have myself. energy bill that leaves out over 80 percent of been calling for because it diversifies The folks at home have gotten the message relative to the level of com- known energy reserves off our coasts. our Nation’s energy portfolio and in- This misguided strategy reflects decisions petence or incompetence of the United vests in new technologies and innova- made at the highest levels of the majority States Congress. Polls indicate that tion. For example, we are going to leadership. It is especially disappointing to me our rates are somewhere at the 9 per- make historic new investments in re- because in recent years the Appropriations cent range, and there are serious newable energy through incentives for Committee has largely set aside partisan dif- doubts about our capability to effec- solar power and wind power that will ferences to pass all of our bills in a timely tively address major issues and in a have an additional benefit of producing fashion. More often than not, we have been sensible way come to conclusions that thousands of new jobs across America. able to say, ‘‘We have fulfilled our responsi- We have the technology to save en- make sense for them. bility. We have done our work.’’ But not this As a matter of fact, Mr. Speaker, it ergy and to save consumers significant year. money. And this bill strengthens en- was 82 days ago today that in the full This year, one issue—the high price of oil ergy efficiency in residential and com- Appropriations Committee I personally and gas—has completely paralyzed the appro- mercial buildings and promotes con- carried a substitute that would have priations process and, indeed, the legislative servation as well. And American fami- opened the whole discussion and debate process in the House of Representatives. We lies could use a little cost savings right and the possibility of an up-or-down are now two weeks away from the beginning now. This energy bill also dramatically vote of drilling off our Continental of the new fiscal year and what have we expands domestic supply and oil drill- Shelf. There is little question there is done? Nothing! Absolutely nothing! Instead, ing because we realize that excessive enough reserves if we will just tap funding bills essential for every conceivable entanglements in the Middle East do them to assure American energy inde- function of government have been put on a not serve our national security inter- pendence. shelf to avoid votes on offshore drilling, on oil ests. Since that time, the Appropriations shale, and drilling in ANWR. The contrast between the policies of Committee has closed down, literally In past years, when controversial issues the past and our forward-looking bill they have done none of their work. And have come to the full committee, we took could not be more clear. There are real because of that, we find ourselves in them head on. differences. Remember just 7 years ago the circumstance where today the lead- During my service as chairman, we debated the administration’s Energy Task ership is undermining our ability to go and considered raising the minimum wage, the Force met behind closed doors. It con- forward towards energy independence. millionaires’ tax, and the Truman Commission. sisted of oil company executives. And Mr. Speaker, a bipartisan majority in the I was opposed to each of these amendments the administration fought tooth and House has been calling for a real debate on but felt our Members—Republicans and nail to keep those meetings secret. Re- energy issues for months now. But it was 82 Democrats—deserved to have their voices newable sources of energy were not a days ago—during a scheduled full Appropria- heard. priority, and a balanced comprehensive tions Committee markup—that the real debate Had the Interior bill been considered in full approach was not a priority. began. committee on June 18 as originally scheduled, So here is the question: Do the Amer- That debate in full committee was short- the committee and the House would not be in ican people continue to subsidize big lived and it ended rather abruptly; the majority this position today. It would have broken the oil companies while they are making leadership ordered Chairman OBEY to pull the logjam and enabled us to complete our work. record profits, or do we shift our in- plug on that markup when it became evident And, it would have given Members of the vestment to cleaner, renewable fuels? that they would lose a vote on off-shore drill- House an opportunity to openly debate the ing. The Appropriations Committee has not most important issue facing our constituents b 1400 met since. today. I know it has been difficult for some All year long, the majority leadership has To me, preparing a long-term energy strat- to stand up to the White House and the abdicated its responsibility to have the Appro- egy is like preparing for retirement. It doesn’t

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00032 Fmt 0688 Sfmt 9920 E:\BR08\H16SE8.001 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19216 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 September 16, 2008 happen overnight but takes careful, thoughtful, oil industry, the Republicans in Con- Mr. HASTINGS of Washington. Mr. long-term planning. Addressing the OCS issue gress and the White House. And we Speaker, I am pleased to yield 2 min- is just one leg of the energy stool (along with passed one bill after another to im- utes to the ranking member of the En- conservation, oil shale, renewables, etc.) just prove America’s energy policy and its ergy and Commerce Committee, Mr. as a 401(k) plan is one leg of the stool when energy future, to expand wind, solar BARTON of Texas. planning for retirement. I believe we have to and other renewable energy sources, to Mr. BARTON of Texas. First of all, take the long view just as we take the long increase the efficiency and conserva- all you need to know about this bill is view when planning for retirement. It can’t and tion and our use of energy, to curb the title of section 1 of the bill. This is won’t happen overnight. speculation in the oil markets so con- title 1, section 1, section 101, prohibi- Republicans and Democrats alike deserve sumers would not be ripped off by the tion on leasing. Prohibition on leasing. an opportunity to have a straight up or down oil speculators, to release oil from the This is a pretend bill. This is a bill that vote on energy amendments addressing the Strategic Petroleum Reserve so that has, once again, been put together in high price of oil and gas. Again, ‘‘all of the small businesses, truckers and airlines the dead of night. I was notified by my above’’ has been replaced with ‘‘take it or would not be thrust into economic staff about 10:30 last evening that the leave it.’’ hardship and to recoup tens of billions Rules Committee was going to meet at Mr. Speaker, I don’t recognize this place of dollars from the oil companies that approximately 10:45 in the evening. I’m anymore. Once upon a time, members of the are unfairly taken from the taxpayers. not sure what time they did meet. We People’s House worked together to serve the All of these are thrusting America into had prepared a number of amendments. best interests of our country. Now, we either the future with respect to its energy We were led to believe that it might be march in lockstop to the whims of the majority resources, its supply and its usage. a rule that if you had an amendment to leadership or we are left out of the legislative But every bill was opposed by a ma- the Rules Committee, it might be made process altogether. jority of the Republicans in Congress in order. We were even led to believe When I first came to Congress, legislation and by President Bush. This is sort of there might be a Republican substitute was drafted not by the Speaker of the House the Goldilocks of the energy debate, made in order. So we were prepared for but by committee chairmen with jurisdiction too much wind, not enough solar; too all of those, ‘‘we’’ being the Repub- over the issue of the day. Members of the mi- much solar, not enough energy; too licans on the Energy and Commerce nority party had every opportunity to partici- much going after the speculators, not Committee. pate in the debate by offering amendments. enough going after the oil companies; Of course this is a closed rule, which But those days are no more. Members of the too much going after the oil compa- means there are no amendments made minority party no longer have any rights. We nies, not enough for the energy indus- in order. There is a motion to recom- are basically told to ‘‘sit down and shut up’’ try. They could never get it right. And mit. It is a 260-page bill. It has over 100 because the majority leadership knows best. they could never support an energy titles. If this bill were to become law, This Member has had enough. And my con- bill. And they have never been able, in which it won’t, but if it were, there stituents have had enough. I encourage col- all the time they controlled this Con- wouldn’t be one barrel of oil developed leagues on both sides of the aisle to join me gress, to move America into the future as a consequence of this bill because of in rejecting this irresponsible approach to gov- of energy, to move America into renew- title 1, section 1. This puts a perma- erning. Let’s work together and openly debate ables, to move America into efficiency. nent moratorium in place on any area energy policy. Let’s vote on a consensus bill They voted against it all. And they that is currently not under lease unless that addresses the high price of oil and gas. didn’t propose it. And at the end of you comply with the very specific in- Remember, our constituents are closely their decade in Congress, gas was $4 a structions in this bill. And amongst watching this debate. They will remember gallon. They controlled the White those are if you have an existing lease what we do when they vote on November 4. House, and they controlled the Con- in the Gulf of Mexico that was author- Ms. SLAUGHTER. Mr. Speaker, I’m gress. At the end of their decade, gas ized under the Deep Royalty Relief pleased to yield 3 minutes to the gen- was $4 a gallon. Act, I believe, of 1998, you have to go in tleman from California, the Chair of So what are we able to do here and renegotiate that lease before you the Committee on Natural Resources, today? We’re able to help consumers can bid on any of these new leases. Mr. MILLER. and the taxpayers by ending the sub- This is a bad bill. It is a terrible proc- Mr. GEORGE MILLER of California. sidies to oil companies, subsidies that ess. I thank the Chair. Mr. Speaker, I want President Bush said were obsolete at The SPEAKER pro tempore. The to thank the Rules Committee for $50 a barrel. Well they are certainly ob- time of the gentleman has expired. bringing this resolution to the floor so solete today at $100 a barrel or $90 a Mr. HASTINGS of Washington. I we can debate on the energy bill and barrel or $140 a barrel. But the Repub- yield the gentleman 15 additional sec- vote on the energy bill later today. licans are going to hold to those sub- onds. And I rise in very strong support of sidies. We are going to end the royalty Mr. BARTON of Texas. This is a ter- this comprehensive, forward-looking holiday, a holiday for oil companies rible process, a closed system and a po- bill that will provide relief at the where they don’t have to pay royalties. litical sham. We should vote against pump, create good jobs in America and Where is the holiday for consumers? the rule and then let those Democrats finally put our Nation on a path toward Where is the holiday for the person that wish to work with those Repub- a clean, more independent and sustain- commuting to work? Where is the holi- licans that wish to to bring a bipar- able energy future. Surely that is day for the person heating their home? tisan product to the floor that can be something that all of us can support. Not from the Republicans. They fought voted on. The day before the election America understands the problem: tooth and nail. The President fought in the last Congress, the price for gaso- Our Nation is addicted to oil. Con- tooth and nail to hold on to those roy- line in Texas was approximately $2 a sumers are paying record prices to heat alty holidays. gallon. The day Speaker PELOSI be- and cool their homes and drive their And finally we are talking about cre- came Speaker, it was $2.33. Today it’s cars and their trucks. Global warming ating jobs for Americans here at home pushing $4. If we don’t do something is a real, serious and growing problem. in green industries and the renewable about energy policy, it’s going to go Meanwhile oil companies are making energies of the future, in the effi- higher, not lower. more money than ever before. ciencies of the future. That is what the Ms. SLAUGHTER. Mr. Speaker, I That is why Democrats made energy American energy future looks like. yield 3 minutes to the gentleman from a top priority when they took back the And that is what this Congress is going Texas, a member of the Committee on House and the Senate last year. We to be able to vote on. And that is what Energy and Commerce, Mr. GREEN. raised the fuel economy standards for the American people are going to get Mr. GENE GREEN of Texas. Mr. the first time in 30 years, overcoming as a result, a bright, renewable, smart Speaker, I would like to thank our the objections of the auto industry, the energy future. Chair of the Rules Committee for

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00033 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.001 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 19217 yielding to me. I rise in strong support Over 350 million acres will be open. in Canadian tar sand where they are of our legislation H.R. 6899, The Com- This bill is hundreds of millions more producing 1 million barrels a day. Mr. prehensive American Energy Security acres that are directly opened in con- Speaker, there is no beef in this legis- and Taxpayer Protection Act and this trast to the Senate ‘‘Gang of 20,’’ or in lation. Many would say, ‘‘Where is the rule. the Senate Republican Leader MITCH beef?’’ There is none. The rule needs to Why we identify this as a comprehen- MCCONNELL’s bill, his Gas Price Reduc- be rejected. sive bill is very simple. Our country tion Act, which has the support of only b 1415 needs a comprehensive legislation that 44 Republican senators. We open so deals with energy. We need everything many more than even the Republican Ms. SLAUGHTER. Mr. Speaker, I am pleased to yield 21⁄2 minutes to the gen- for our country to both be energy effi- leadership and the Senate wanted to, tleman from Massachusetts (Mr. MAR- cient but also to be able to afford it. more acreage for exploration and pro- KEY), the chairman of the Select Com- All sides of debate can longer insist on duction. the ‘‘it’s my way or the highway’’ ap- Most importantly, we use the reve- mittee on Energy Independence and Global Warming. proach to energy. We need all energy nues from oil and gas production to Mr. MARKEY. I thank the gentle- resources, both conventional and re- transition to a clean energy future. newable. And everyone must be willing woman. Our bill would create a fund to invest Ladies and gentlemen, this is a very to sacrifice to reach that common in renewable, clean energy efficiency, ground. simple debate. The Republicans are land and water conservation and very upset that the Democrats are I do not believe our bill goes far LIHEAP. Mr. Speaker, I could go on enough to address all of our domestic going to take the oil companies and and on, and I will continue as we go to make them pay taxes to the American energy resources, especially nuclear the debate. This bill is a drilling bill, energy. But however in every short- people when they drill on the land but it’s also a future bill for com- owned by the American people, and the coming there are positive concessions. prehensive energy production. Our legislation improves on a provision Democrats then want to move the Mr. HASTINGS of Washington. Mr. money over to wind and solar and plug- included in the original H.R. 6 by at Speaker, I am pleased to yield 1 minute least freezing independent oil and nat- in hybrids for tax breaks. So the Demo- to the gentleman from Michigan, a crats are saying that America needs an ural gas producers at their current sec- member of the Energy and Commerce tion 199 manufacturing deduction rate oil change. So, as Mr. GREEN just said, Committee, Mr. UPTON. instead of a complete repeal. Our bill we open up vast new areas where the Mr. UPTON. Mr. Speaker, there is a oil industry can drill, drill, drill; drill, modifies provisions from the flawed use reason why Congress is in the 9 percent of ‘‘use it or lose it’’ legislation which baby, drill. favorable rating. We have not done the But what we put into the bill is necessarily hammered future lease ac- Nation’s business. I look at former quisitions. It retains but adds account- something else as well. We put in Chairman BARTON sitting in the second ability to the tainted Royalty-In-Kind change, baby, change. Because we only row here. When we did the 2005 EPACT have 3 percent of the oil in the world, Program that we all read about. bill, we had lots of amendments here It improves the management of the we have 4 percent of the population, on the House floor, in fact, 23 different Strategic Petroleum Reserve with an and we consume 25 percent of the oil in Democratic amendments, some amend- idea offered by my good friend from the world on a daily basis. That is not ments to amendments. And some of Texas, NICK LAMPSON, by allowing a a long-term recipe. swap for heavy crude which could im- them would say at the end of the day So we need an oil change. And what mediately lower prices for consumers. that it was, in fact, a bipartisan bill be- we need to do and what we are going to Most dramatically, our proposal will cause Congress worked its will. And I do is allow them to drill in thousands help utilize our domestic oil and nat- would say some of them were pro-en- and thousands of additional acres, to ural gas resources in the outer conti- ergy. Frankly, some of them were anti- go for the oil, to go drill, baby, drill, nental shelf. Our legislation incor- energy. One offered by Ms. SOLIS was but then say we need back some of porates most of the offshore drilling described as an amendment that those tax breaks that you don’t need at provision that I and other ‘‘Energy sought to delete refinery revitalization $100 a barrel, $140 a barrel, $4 a gallon Democrats’’ first introduced in the provisions in the bill. Thank goodness at the pump. We don’t need to subsidize LEASE Act by directing the immediate it was defeated. The bill moved for- you anymore. opening of all areas beyond 100 miles ward, and it was signed into law. The taxpayer doesn’t need to be off our coasts. That is over 300 million But today we have a new bill that is tipped upside down and have money acres of outer continental shelf that hundreds of pages long. We haven’t had shaken out of their pockets as tax- are automatically open to oil and nat- a single hearing in subcommittee or payers to hand over to the oil compa- ural gas leasing. States are given the full committee. We haven’t had a sin- nies, because they have already been option to opt in the additional 50 to 100 gle markup in subcommittee or full tipped upside down and had money miles off their coast, an estimated 90 committee. And we have a rule that taken out of their pockets as con- million acres for production. means when it comes to the House sumers by the oil companies. My friends on the other side of the floor, there are no amendments allowed So we just take back those tax aisle argue that this does not open at all. breaks, put a little bit of a tax on enough acreage in the Gulf of Mexico. I The Volt is an exciting new GM vehi- where they don’t pay any taxes at all, agree. I would like to open up the east- cle that is going to be in the showroom and where do we shift it over to? La- ern Gulf of Mexico. But there was an by 2010. It needs to be plugged in. We dies and gentlemen, we shift it over to agreement made by the Republican need to have electricity to make it wind and solar and green buildings and Congress in 2006 for Florida, and we are move. plug-in hybrids. We shift it over to the not going to break that agreement on The SPEAKER pro tempore. The future. We unleash a technological rev- the House side. time of the gentleman from Michigan olution that will break our dependence But let’s not forget the fact that dur- has expired. upon imported oil. ing the height of the Republican rule Mr. HASTINGS of Washington. I It is change, baby, change. It is inno- under both the Republican President yield the gentleman 15 additional sec- vate, baby, innovate. These guys are a and Congress, Republicans were only onds. one-note organization. They have been able to open 8.3 million acres of leasing Mr. UPTON. There are no amend- since two oilmen went to the White in the Gulf of Mexico. And President ments in here for coal. There are no House 8 years ago. Bush took 71⁄2 years, almost 71⁄2 years of amendments for nuclear. There are no Drill, baby, drill is not a long-term his administrations to actually decide amendments to provide for drilling off- strategy. to take off the moratorium. So who shore, no incentives, no amendments Mr. HASTINGS of Washington. Mr. really wants to drill? for oil shale, no amendments to bring Speaker, I am pleased to yield 1 minute

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00034 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.001 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19218 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 September 16, 2008 to another member of the Energy and into two plug-in electric hybrid cars. Mr. ROYCE. Mr. Speaker, the point I Commerce Committee, the gentleman These are cars that run on electricity, want to make here is that the Repub- from Arizona (Mr. SHADEGG). only electricity, for about 40 miles, and lican bill, which has all of the above, Mr. SHADEGG. Mr. Speaker, this is a if you want to go further than 40 miles, sets aside $8.8 billion that would be sad day for America. Contrary to what you use gasoline. This one system, a taken from the profits of this oil leas- my friend from Massachusetts says, PV system, can power these two cars ing, and that money would be put into there is no drill, drill, drill, no change for essentially 40 miles, and then you alternative and renewable energy. That in this bill. There is not one drop of oil use gasoline if you want to go more money would go to the long-term solu- in this bill. And let me explain why. than 40 miles. tion, which is electric vehicles. Lith- I went to the Rules Committee and This bill that the Republicans hate is ium-ion car batteries would eventually said that any oil produced under this going to give Americans a step forward come on to the market. bill will be challenged in lawsuits and to this future, which is the only future, But the reality is in the short-term there won’t be a drop produced. Let’s together with some biofuels and per- we cannot afford to do what the Demo- put a limit on the lawsuits. The Rules haps even some other technologies, crats want to do. In the last 2 years Committee said absolutely no. that can break the stranglehold of the that they have run the Congress, they Why did I do that? Last year, the oil and gas industry over the American have doubled the price of gas by put- Bush administration issued 487 leases consumer. And it is clear to me from ting in place moratoriums, including in the Chukchi Sea. Environmental people at Boeing, who revolutionized one on oil shale development, a mora- groups sued not 484 or 485 or 486. They commercial aircraft; from people at torium, by the way, that is on three sued every single lease. Microsoft, who revolutionized software, States, Utah, Wyoming and Colorado. There are 748 leases also in Alaska in that now is a chance for Americans to We lift that moratorium in our bill be- the Beaufort Sea. The environmental- revolutionize the world of new clean cause of the reserves there. They do ists have sued all 748. There were 12 drilling plans filed last energy. not. We know that we need innovation, year with the Minerals and Manage- We have a situation today where not intransigence. We need invention, ment Service to produce oil off of Alas- what we would do is allow offshore not insignificance. And we know we ka. How many were sued? All 12. The drilling. Gazprom, the Russian oil can’t drill our way out of this problem. Center for Biological Diversity, the giant, is up in the Arctic drilling. No. But we can, we must, and we will inno- Natural Resources Defense Council, They say no drilling in the Arctic. Off vate our way to a clean energy future. every single lease has been challenged the coast of Florida, we watch as the This is a destiny of ours. It is a clean in court. We could solve that problem Cubans drill. No, we are not going to be energy destiny. with limits, reasonable limits on liti- allowed to drill there. In addition, I would like to add that Tony They take 88 percent and take it off gation. The SPEAKER pro tempore. The Markel is an employee of the National Renew- the table, and the other 12 percent, time of the gentleman has expired. able Energy Laboratory. NREL is a national they say you have got to get the State Mr. HASTINGS of Washington. I laboratory that provides great data and re- to go along with. That means they just yield the gentleman an additional 15 search on energy efficiency and renewable continue this moratorium. This is out- seconds. energy; however, NREL does not generally rageous. Mr. SHADEGG. But instead, the have a position on pending legislation, nor The SPEAKER pro tempore. The Rules Committee said absolutely no, does it have a position on this bill, H.R. 6899. time of the gentleman has expired. we want no limits on litigation. Not The SPEAKER pro tempore. The gen- Mr. HASTINGS of Washington. I only are there lawsuits filed by envi- tleman from Washington has 113⁄4 min- yield the gentleman an additional 15 ronmental groups against every exist- utes remaining, and the gentlewoman seconds. ing lease in Alaska and the lower 48, from New York has 6 minutes remain- Mr. ROYCE. I appreciate that. they filed a lawsuit against all future ing and the right to close. Our own United States Air Force oil leases. Mr. HASTINGS of Washington. Mr. would like to try coal-to-liquid. They Any American who believes this bill Speaker, I am pleased to yield 1 minute would like to try gasification out of will produce one drop of oil is being de- to the gentleman from Connecticut coal. This is used by South Africa to ceived by the lawyers that will sue and (Mr. SHAYS). make gas. That is prohibited. The sue and sue. Mr. SHAYS. Mr. Speaker, our side of Democrats won’t lift their moratorium Ms. SLAUGHTER. Mr. Speaker, I the aisle is responding to three funda- on that. yield 2 minutes to the gentleman from mental facts that have changed every- Clean coal, nothing in here for clean Washington (Mr. INSLEE), a member of thing: An economic crisis, an energy coal. Another prohibition brought to us the Committees on Natural Resources crisis, and a national security crisis. by our friends on the other side of the and Energy and Commerce. Higher energy costs are bringing down aisle. Mr. INSLEE. You know, if we were our economy; energy bought from over- Ms. SLAUGHTER. Mr. Speaker, I having this debate in the 1800s, some- seas is depriving us of American jobs; continue to reserve. one would be arguing about need to and foreign purchase of energy is trans- Mr. HASTINGS of Washington. Mr. preserve whale oil, because that was ferring our wealth, $700 billion over- Speaker, I am pleased to yield 1 minute the dominant source of energy in the seas. This is threatening our very na- to the gentleman from Georgia (Mr. 1800s and they couldn’t see the emerg- tional security. GINGREY). ing transition to different fuels. And We need a bill that has conservation, Mr. GINGREY. Mr. Speaker, I thank now we have some people in this Cham- renewables, nuclear power, and, yes, the gentleman for yielding. ber who don’t understand the transi- American oil and American gas. That Basically, what the problem here is tion of fuels for Americans, the only American oil and that American gas the leadership on the Democratic side transition that has a chance of break- will pay for all the renewables we all of the aisle are so focused on saving the ing our addiction to oil and truly keep- want. It will help secure our Nation. It planet that they are not going to save ing down the price of energy. will grow our economy. And it will the United States of America when we I want to show you a transition fuel make sure that Americans have jobs, are in this crisis over these oil prices that is just on the cusp. I met a man and our government has revenue. and dependency on foreign countries. named Tony Markel. He works at the Ms. SLAUGHTER. Mr. Speaker, I re- NANCY PELOSI herself, the Speaker of National Renewable Energy Labora- serve my time. the House, said, ‘‘I want to save the tory in Golden, Colorado, two weeks Mr. HASTINGS of Washington. Mr. planet.’’ ‘‘I want to save the planet.’’ ago, and he showed me this. Speaker, I am pleased to yield 1 minute The majority leader of the Senate said, This is a photo-voltaic panel. It is to the gentleman from California (Mr. ‘‘All fossil fuel is poison and we need to about 400 square feet, and it is plugged ROYCE). get rid of it.’’ The gentleman from the

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00035 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.001 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 19219 Sierra Club, Carl Pope, the executive Mr. HASTINGS of Washington. I America doesn’t want this political director, said, ‘‘We are better off with- yield the gentleman an additional 30 rhetoric. America wants us to sit down out cheap oil, without cheap gas.’’ seconds. as Republicans and Democrats. They We are better off without cheap gas? Mr. DUNCAN. The trucking and rail- don’t want a Republican bill or a Dem- Tell that to the people in the 11th Con- road industries have been hit especially ocrat bill. They want us to sit down gressional District back in Georgia hard by higher diesel fuel costs. The and discuss energy into the night, day when they are paying $4 and $5 a gal- president of Burlington Northern and after day, until we get it right, and we lon. Sante Fe Railroad told me his company fix and provide America available, af- The bottom line, my colleagues, is spent $1 billion on fuel in all of 2003, fordable energy. what the Democrats have done is come and spent over $1 billion on fuel just in Folks, we can do that. We have lots in here with a farce, a hoax of an en- the first quarter of this year. All of of reserves. Twenty-eight years ago we ergy bill, and say, okay, we know the these costs are passed on to the con- started locking up our reserves and de- American people, 85 percent of them sumer in the form of higher prices. cided not to produce energy. We caused want an energy bill and they want to The Air Transport Association says the shortage. We caused the high be able to drill. each one penny increase in jet fuel prices. We are the reason the oil com- The SPEAKER pro tempore. The costs the aviation industry $200 million panies have made huge profits. time of the gentleman has expired. a year. Jet fuel has gone up far more When you lock up supply, the price Mr. HASTINGS of Washington. I than one penny, leading to much high- triples. Whoever owns it gets rich. yield the gentleman an additional 15 er fares for the hundreds of millions That’s how it works, folks. We need to seconds. who fly each year. open up supply, bring prices down and Mr. GINGREY. I thank the gen- The hoax of a bill that we consider give America energy to heat their tleman. today is not a good bill, Mr. Speaker. homes and drive their cars so that they They want this, and they want it b 1430 can afford to pay for them. now. Ms. SLAUGHTER. Mr. Speaker, I re- I just want to call my colleagues’ at- Ms. SLAUGHTER. Mr. Speaker, I serve the balance of my time. tention to this Charlie Brown cartoon. continue to reserve the balance of my Mr. HASTINGS of Washington. Mr. This young man is Charlie Republican. time. Speaker, can I inquire if my friend, the This is Lucy Democrat. Lucy Democrat Mr. HASTINGS of Washington. Mr. distinguished Chair of the Rules Com- has teed up an energy bill that includes Speaker, I am pleased to yield 2 min- mittee, has any other speakers? drilling, but when Charlie Brown goes utes to the gentleman from Pennsyl- Ms. SLAUGHTER. Yes, Mr. Speaker, to kick that field goal, she yanks it vania, a Member of this body who has I have one further speaker, and then I away. That is what the Democrat ma- been absolutely steadfast on the propo- will close. jority has done, and it is shameful, Mr. sition of expanding our energy supply, Mr. HASTINGS of Washington. Mr. Speaker. Mr. PETERSON. Speaker, at this time I am very pleased Ms. SLAUGHTER. I continue to re- Mr. PETERSON of Pennsylvania. Mr. to yield 1 minute to the Republican serve. Speaker, I rise today with a heavy leader, Mr. BOEHNER of Ohio. Mr. HASTINGS of Washington. Mr. heart. Mr. BOEHNER. Let me thank my Speaker, I am pleased to yield 1 minute America is in a crisis for affordable, colleague from Washington for yielding to the gentleman from Tennessee (Mr. available energy. Our folks back home and suggest to my colleagues that we DUNCAN). want us to sit down and figure out how are engaged in exactly what the Amer- Mr. DUNCAN. Mr. Speaker, I rise in to have available, affordable energy. ican people are sick of, and that is po- opposition to this very misnamed bill Four hundred Members of Congress, in- litical games here in Washington that and the rule that brings it to the floor. cluding me, who have been involved in are intended to be political games and First, it claims to be a comprehen- this debate for years, this morning to have no outcome. sive bill, yet it has nothing about nu- found out there is a 290-page bill that Mr. Speaker, we have a bill that will clear energy, clean coal or increasing we are going to vote on today with no be up soon. I don’t know how many refinery capacity and halts much oil amendments. pages it is, because I haven’t seen it shale development. Second, and more That’s not the process of how to get yet. Of course, there is no Member of importantly, it has no reforms or limi- to a solution. That’s the political proc- Congress who has seen this bill and no tations on lawsuits by special interests ess. This is a political process, not a Member of Congress who has read it be- environmental groups. process about solving America’s energy cause it was introduced last night at Radical environmental groups have crisis. 9:45. It’s going to be up this afternoon, successfully used lawsuits, the courts Mr. MARKEY’s just sharing with us a bill that no one has seen, has been and administrative procedures to stop that we are holding back wind and through no committee, written in the or drastically slow down all types of solar and geothermal. That’s not true. dark of night behind closed doors. energy production and have really shut There is no Member of Congress that I But what we do know about it is that down this country economically in know of that won’t fund all of those. it locks up about 88 percent of the many, many ways. They have opposed The Peterson-Abercrombie bill funds known resources off our shores. We are not only drilling for oil, but also every renewable that’s on the books for the only country in the world that digging for any coal, cutting any trees, 5 years. It funds all the conservation doesn’t allow drilling on the Outer or, heaven forbid, any new nuclear programs that both parties have Continental Shelf, and this locks up 88 plants. They want to go to wind power, thought of, and it funds environmental percent of it. but they oppose putting up any wind- cleanups. It incentivizes all the forms Is that a way to get to more energy? mills. of energy that will help us get to where We have a bill that does all of the I have noticed that almost all radical we need to be. above on our side. But when you look environmentalists come from very The Pelosi bill, unfortunately, talks at their bill, there is nothing about any wealthy or very upper-income families. with one hand of opening up drilling. nuclear energy in there, nothing about Perhaps they aren’t hurt by high gas On the other hand, it locks it back up coal-to-liquids or coal to gas, nothing prices, high utility bills, higher prices because of a 50-mile setback, and then that is going to bring us, really, more for everything made out of wood and States are supposed to open it up when American energy. higher prices for everything. But al- Members of Congress don’t have the On top of all that, it has a big tax in- most all middle- and lower-income peo- courage to, with no reward of a roy- crease in it. If that isn’t bad enough, ple are hurt by these higher prices. alty. No State legislature is going to we have an earmark in the bill, an ear- The SPEAKER pro tempore. The open up the second 50 miles and get no mark of $1.2 billion for the City of New time of the gentleman has expired. royalties. York, for some railroad bonds. This is

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00036 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.001 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19220 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 September 16, 2008 not the way the American people want hurt somebody so bad, oil companies, Mr. Speaker, unfortunately an us to get our jobs done. They want us Alaskans, middle-class families. You amendment that I proposed was shut to work together. They want us to lis- are in such a hurry to do that, you out by the Democratic majority re- ten to them, and they want us to do have created a bill that hurts them garding renewal energy projects on their will, and that’s not what’s hap- more. public lands. pening today. If all this isn’t bad If you go home and try to put your As you know, Nevada is on the fore- enough, the rule that we are consid- kids on the Internet to do their home- front of a renewable energy. We have ering to allow this legislation to come work, it will raise their monthly bill. If the third largest solar facility in the to the floor doesn’t even allow the mi- you cook their food on the stove, it world in my district. nority, the Republican Members of the will raise their monthly bill. If you put I have made some suggestions, so I House, to offer a substitute, no amend- food in the refrigerator, this bill will have had to drop my own bill, since the ments, no substitute. raise their monthly bill. leadership would not allow this to be Now, it was Ms. PELOSI, back when It does nothing to help middle-class heard, to ensure that when leasing or she was the minority leader, that families. This is a slap in their face. buying Federal lands, developers of recalled for this to be the most open and You say no to biomass, no to coal, no newable energy shall be able to lease or fair and ethical Congress in history. to shale oil, no to nuclear because you buy the property at existing fair mar- She said that bills should come to the don’t like it. This bill makes it easier ket value. It would expedite the process. We floor generally under an open rule that for China to drill off our coast than it want to make sure if there is a solar or does for American companies to would allow us to offer amendments, geothermal facility or wind or, what- but, no, there are no amendments al- produce American-made energy. ever alternative energy, it is an expe- lowed. This is not an energy bill for average dited process. There is no substitute allowed. This Americans. I am a small-town guy. I It would direct the Secretary of the is intended for one purpose and one plead with you, come to small-town Interior to expedite these applications purpose only, as this bill is coming to America, see what these provisions, for renewable energy; direct the Sec- the floor, so that some of my col- these plans are doing to average Amer- retary to also prioritize Federal land leagues in the majority, the Democrat icans in the middle class. It’s killing across the country, which could be party can say, we voted on energy. them. used for renewable energy projects, and Didn’t do anything. They know this Don’t punish America. Unleash the by local governments. It directs the bill that they are bringing has no resources that we have to help Amer- Secretary to identify all Federal lands chance of becoming law, and yet they ica. around the country that are suitable are bringing it up under a scenario Ms. SLAUGHTER. May I inquire if and feasible for alternative projects. which is, frankly, unfair. There is not my colleague has more speakers? It’s unfortunate this would not be one Member, one Member of this Mr. HASTINGS of Washington. Mr. heard by the majority party. This is Chamber, who doesn’t understand that Speaker, I have two additional individ- something that is important to move this is unfair. uals, and then I am prepared to yield this process along. This rule should be defeated. Let’s go back. Mr. Speaker, Congress needs to act now to back to the drawing boards and do this Ms. SLAUGHTER. Mr. Speaker, I re- encourage the development of renewable re- right, and we can do it right in very serve the balance of my time. sources on Federal lands, but as always bu- short order and have this bill on floor Mr. HASTINGS of Washington. Mr. reaucracy and red tape are interfering with the yet this week. Speaker, I am very pleased to yield 1 process. Ms. SLAUGHTER. Mr. Speaker, I minute to the gentleman from Cali- I am proud to introduce legislation that will continue to reserve the balance of my fornia, a Member who served here pre- remove regulatory and bureaucratic delays time. viously and who was very active on that are impeding the development of renew- Mr. HASTINGS of Washington. Mr. this issue, Mr. LUNGREN. able energy projects on available Federal Speaker, I am pleased to yield 11⁄2 min- Mr. DANIEL E. LUNGREN of Cali- lands in resource rich states like my home utes to the gentleman from Michigan, fornia. I thank the gentleman for yield- state of Nevada. a member of the Energy and Commerce ing. According to the Department of Interior, Committee, Mr. ROGERS. Mr. Speaker, I have been listening to there are currently 210 solar energy applica- Mr. ROGERS of Michigan. Mr. this debate with much interest as I no- tions pending with the Bureau of Land Man- Speaker, this is the trouble when you tice the anti-drillers on the other side agement (BLM) and 217 applications pending introduce bills to hurt somebody, to of the aisle straining to prove that with the BLM for wind energy projects. try to punish somebody. When the their bill actually includes real drill- My legislation would help alleviate the bu- Democrats took over a couple of years ing. reaucratic hurdles and delays and streamline ago, they said they had a secret plan So you listen to it, and it appears the application process needed to move re- they were going to lower gas prices. they are lip-synching their message newable energy projects forward as we seek The problem was the plan was deeply while the special interests, environ- to address the current energy crisis. My legislation will also: rooted in punishing average Ameri- mental extremists and lawyers, are ac- Ensure that when leasing or buying Federal cans. tually writing and singing their anti- lands, developers of renewable energy If you drive a minivan, you are bad, energy lyrics. No, no, no, no, no, that’s projects shall be able to lease or buy the pub- and you are wrong. If you use elec- what we are hearing. lic land at the existing value fair market value, tricity at home, you are wrong. If you It just appears to me that the Demo- not the price of the land once the plant is built crats have brought us their 290-page commute more than 40 miles to work, and improvements are made; you are wrong. So you have developed bill, and they are trying to display it Expedite an efficient process for the submis- a plan that punishes them, and we are as their newest legislative Grammy sion and consideration of renewable energy seeing the impact of that in every com- winner. What it really is is nothing projects; munity in this country. more than their newest version of Direct the Secretary of Interior to expedite Single moms are having a difficult Drilli Vanilli. all those applications for renewable energy time packing their kids up. They have Ms. SLAUGHTER. Mr. Speaker, I re- projects currently in the logjam of bureaucratic got to be at three events, they have got serve the balance of my time. delays; to pay for child care. They have got to Mr. HASTINGS of Washington. Mr. Direct the Secretary to prioritize Federal stop and get gas to get them there. Speaker, I am very pleased to yield 1 land transfers for renewable energy projects to What they said is, you are wrong. You minute to the gentleman from Nevada local governments; and are wrong for working that hard. (Mr. PORTER). Direct the Secretary to identify all Federal What this bill does is it says ‘‘no’’ to Mr. PORTER. I appreciate this op- lands around the country that are suitable and more than it says ‘‘yes.’’ You want to portunity. feasible for alternative energy projects.

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00037 Fmt 0688 Sfmt 9920 E:\BR08\H16SE8.001 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 19221 A brief reminder of why renewable energy give us a new energy future that the enhance our oil supply; this bill would development is important to the Nation: American people need. It’s not going to do that. We also need to go after nat- The economic impact of new renewable en- make us more efficient, more sustain- ural gas in a much more robust way, a ergy projects is immense—hundreds of thou- able and more affordable. cleaner fuel, a fuel of which we have sands of jobs to develop and operate these Now they are trying to hide that fig significantly more reserves here in the power plants, bringing new tax dollars into leaf. Now they have also talked about United States of America which we rural communities, where unemployment is the price per gallon, that when Speaker don’t need to import if we develop high and a boost to the local economies are PELOSI became Speaker almost 2 years those reserves. This bill would do that. sorely needed. ago, there has been a big run-up in The SPEAKER pro tempore. The gen- Renewable power plants reduce the Na- prices. tleman’s time has expired. tion’s dependence on fossil fuels and imports, Whoops. Here is when George Bush Ms. SLAUGHTER. Let me give the enhancing our national security, improving our took office. Gas was about $1.45 a gal- gentleman an additional 30 seconds. balance of payments, and stimulating our lon; today, bumping back up, over $4 in Mr. DEFAZIO. This bill would also economy. some hurricane areas. reform royalties. It would end the Renewable power plants improve our envi- Now there is something else that party. The Minerals Management Serv- ronment, reducing greenhouse gases and goes along with that that they don’t ice under the Bush administration was clearing our air. want to talk about, and this is what’s swapping oil or something for royal- I urge my colleagues to support this legisla- really going on here, folks. ties, or maybe it was sex, drugs and tion, rock and roll. This bill would reform b 1445 Ms. SLAUGHTER. Mr. Speaker, I that process. yield 5 minutes to the gentleman from They want to talk about relief for This bill would bring back integrity, Oregon, a member of the Committees American consumers. They don’t give a fiscal responsibility, and give us a sus- on Natural Resources and Transpor- fig leaf about relief for American con- tainable, renewable and cleaner energy tation, Mr. DEFAZIO. sumers. future. Vote for a new future, not the Mr. DEFAZIO. I thank the gentlelady This is what the debate is all about. same old Big Oil, Grand Oil Party plan. for yielding. Look at the obscene growth in profits Mr. HASTINGS of Washington. Mr. If you listen to the Republicans here of the oil industry since the oil men in Speaker, I yield myself the balance of today, you would think that Detroit the White House, George Bush and DICK my time. can’t make more efficient automobiles, CHENEY, took over; from $30 billion a The SPEAKER pro tempore. The gen- something the Republicans blocked for year to $160 billion this year, every tleman is recognized for 30 seconds. 12 years, which we did within the first penny of that extracted from the pock- Mr. HASTINGS of Washington. Mr. year of taking back power here in the ets of American consumers and Amer- Speaker, my plea to those Democrats House. ican business. An unbelievable, unprec- who proclaim their support for more They are saying that our electric edented breath-taking run-up in prof- drilling and making America more en- generators can’t produce 15 percent, its. ergy independent, I urge you to vote one-sixth of their energy from renew- And they say now they are concerned ‘‘no’’ against this sham bill by voting able resources. In the United States of and want a change. They don’t really ‘‘no’’ on the previous question. By de- America in the 21st century, we can’t want a change. They don’t want this to feating the previous question, I will get 15 percent from renewables? We change. They want us to continue to be move to amend the rule to make in have to rely on fossil fuels? dependent on oil and foreign oil and, order H.R. 6566, the American Energy Do you believe that they say that the yeah, maybe a smidgeon more of do- Act. oil companies can’t afford to pay the mestic oil. Mr. Speaker, I ask unanimous con- American taxpayers fair royalties for Now they have a few other whoppers sent to have the text of the amendment the nonrenewable resources they are out there today. They say no drilling and extraneous material inserted into extracting from our Federal land? If in Alaska. Whoops, sorry, wrong, guys. the RECORD prior to the vote on the you do believe all that, then you prob- Actually, this bill would push the in- previous question. ably believe that they do have a plan dustry to get off its rear and begin to The SPEAKER pro tempore. Is there for independence and energy sustain- extract oil from the former Naval Pe- objection to the request of the gen- ability for the future. troleum Reserve, renamed the National tleman from Washington? Now the gentleman there spoke ear- Petroleum Reserve Alaska by the Re- There was no objection. Mr. HASTINGS of Washington. Mr. lier, the gentleman from Washington, a publican Congress and put out for leas- Speaker, once again I urge my col- good friend, about a fig leaf hiding an ing. It has been leased. Bill Clinton, in leagues to vote ‘‘no’’ on the previous embarrassing fact or problem. There is fact, did the first leases. But guess question because that means we will one huge fig leaf over this debate what, 10 years later not a drop of oil, have a vote on both their bill and our today, and here is what is under the fig even though the known reserves, and bill. leaf: George Bush, holding hands with why was it the Naval Petroleum Re- Mr. Speaker, I yield back the balance the King of Saudi Arabia. serve for 80 years, because we knew of my time. there was a pile of oil under there, a Now the Bush administration, last Ms. SLAUGHTER. Mr. Speaker, this huge pool of oil under there, more than time I checked, same party affiliation whole debate boils down to one issue 10 billion barrels. as that side of the aisle, the Repub- today: whose side are you on? Which HENEY, No one knows if there is any oil licans, led by Vice President C side are you on, the side of the persons last time I checked, a member of the under the Alaskan National Wildlife who sent you here, your constituents Grand Old Oil Party, wrote an energy Refuge, but they want to talk about and the businesses that you represent, bill in secret. They pushed for it for 5 the refuge. They don’t want to talk or are you on the side of the oil compa- years. about the fact that their friends in the nies? I urge a ‘‘yes’’ vote on the pre- When the Republicans controlled ev- hugely profitable oil industry have vious question and on the rule. erything, the House, the Senate and failed to extract any oil from the The material previously referred to the White House, they jammed through known 10 billion barrels of reserves in by Mr. HASTINGS of Washington is as their energy bill over the objections of the Naval Petroleum Reserve Alaska. follows: many on our side of the aisle who said This bill would push for production AMENDMENT TO H. RES. 1433 OFFERED BY MR. wait, no, this isn’t a forward-looking there, push them to connect it to the HASTINGS OF WASHINGTON energy policy. It’s going to make us ac- existing pipeline, and push them to Strike all after the resolved clause and add tually more dependent on imported oil, bring that oil down to the lower 48. the following: and it’s going to make us more depend- As Members on my side said earlier, That immediately upon the adoption of ent on fossil fuels, and it’s not going to we need a transitional fuel. We need to this resolution the House shall, without

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00038 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.001 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19222 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 September 16, 2008 intervention of any point of order, consider vote on adopting the resolution [and] has no the people who work in, reside in, or visit in the House the bill (H.R. 6899) to advance substantive legislative or policy implica- the District of Columbia and does not under- the national security interests of the United tions whatsoever.’’ But that is not what they mine the efforts of law enforcement, home- States by reducing its dependency on oil have always said. Listen to the definition of land security, and military officials to pro- through renewable and clean, alternative the previous question used in the Floor Pro- tect the Nation’s capital from crime and ter- fuel technologies while building a bridge to cedures Manual published by the Rules Com- rorism. The first reading of the bill shall be the future through expanded access to Fed- mittee in the 109th Congress, (page 56). dispensed with. All points of order against eral oil and natural gas resources, revising Here’s how the Rules Committee described consideration of the bill are waived except the relationship between the oil and gas in- the rule using information from Congres- those arising under clause 9 or 10 of rule XXI. dustry and the consumers who own those re- sional Quarterly’s ‘‘American Congressional General debate shall be confined to the bill sources and deserve a fair return from the Dictionary’’: ‘‘If the previous question is de- and shall not exceed one hour equally di- development of publicly owned oil and gas, feated, control of debate shifts to the leading vided and controlled by the chairman and ending tax subsidies for large oil and gas opposition member (usually the minority ranking minority member of the Committee companies, and facilitating energy effi- Floor Manager) who then manages an hour on Oversight and Government Reform. After ciencies in the building, housing, and trans- of debate and may offer a germane amend- general debate the bill shall be considered portation sectors, and for other purposes. All ment to the pending business.’’ for amendment under the five-minute rule. points of order against consideration of the Deschler’s Procedure in the U.S. House of The amendment recommended by the Com- bill are waived except those arising under Representatives, the subchapter titled mittee on Oversight and Government Reform clause 9 or 10 of rule XXI. The bill shall be ‘‘Amending Special Rules’’ states: ‘‘a refusal now printed in the bill shall be considered as considered as read. All points of order to order the previous question on such a rule adopted in the House and in the Committee against provisions of the bill are waived. The [a special rule reported from the Committee of the Whole. The bill, as amended, shall be previous question shall be considered as or- on Rules] opens the resolution to amend- considered as the original bill for the pur- dered on the bill to final passage without in- ment and further debate.’’ (Chapter 21, sec- pose of further amendment under the five- tervening motion except: (1) three hours of tion 21.2) Section 21.3 continues: Upon rejec- minute rule and shall be considered as read. debate equally divided and controlled by the tion of the motion for the previous question All points of order against provisions in the chairman and ranking minority member of on a resolution reported from the Committee bill, as amended, are waived. Notwith- the Committee on Natural Resources; (2) an on Rules, control shifts to the Member lead- standing clause 11 of rule XVIII, no further amendment in the nature of a substitute ing the opposition to the previous question, amendment to the bill, as amended, shall be consisting of the text of H.R. 6566, the Amer- who may offer a proper amendment or mo- in order except the amendment in the nature ican Energy Act, as introduced, if offered by tion and who controls the time for debate of a substitute printed in the report of the Committee on Rules accompanying this res- Representative Boehner of Ohio or his des- thereon.’’ olution. That amendment may be offered ignee, which shall be in order without inter- Clearly, the vote on the previous question only by the Member designated in the report, vention of any point of order or demand for on a rule does have substantive policy impli- shall be considered as read, shall be debat- division of the question, shall be considered cations. It is one of the only available tools able for the time specified in the report as read, and shall be separately debatable for for those who oppose the Democratic major- equally divided and controlled by the pro- 3 hours equally divided and controlled by the ity’s agenda and allows those with alter- ponent and an opponent, and shall not be proponent and an opponent; and (3) one mo- native views the opportunity to offer an al- subject to amendment. All points of order tion to recommit with or without instruc- ternative plan. against that amendment are waived except tions. Ms. SLAUGHTER. Mr. Speaker, I those arising under clause 9 or 10 of rule XXI. (The information contained herein was yield back the balance of my time, and At the conclusion of consideration of the bill provided by Democratic Minority on mul- I move the previous question on the for amendment the Committee shall rise and report the bill, as amended, to the House tiple occasions throughout the 109th Con- resolution. with such further amendment as may have gress.) The SPEAKER pro tempore. The been adopted. The previous question shall be THE VOTE ON THE PREVIOUS QUESTION: WHAT question is on ordering the previous considered as ordered on the bill and any IT REALLY MEANS question. amendment thereto to final passage without This vote, the vote on whether to order the The question was taken; and the intervening motion except one motion to re- previous question on a special rule, is not Speaker pro tempore announced that commit with or without instructions. merely a procedural vote. A vote against or- the noes appeared to have it. SEC. 2. During consideration in the House dering the previous question is a vote Ms. SLAUGHTER. Mr. Speaker, on of H.R. 6842 pursuant to this resolution, not- against the Democratic majority agenda and that I demand the yeas and nays. withstanding the operation of the previous a vote to allow the opposition, at least for question, the Chair may postpone further the moment, to offer an alternative plan. It The yeas and nays were ordered. consideration of the bill to such time as may is a vote about what the House should be de- The SPEAKER pro tempore. Pursu- be designated by the Speaker. bating. ant to clause 8 of rule XX, further pro- The SPEAKER pro tempore. The gen- Mr. Clarence Cannon’s Precedents of the ceedings on this question will be post- tleman from Massachusetts is recog- House of Representatives, (VI, 308–311) de- poned. scribes the vote on the previous question on nized for 1 hour. f the rule as ‘‘a motion to direct or control the Mr. MCGOVERN. Mr. Speaker, for consideration of the subject before the House PROVIDING FOR CONSIDERATION the purpose of debate only, I yield the being made by the Member in charge.’’ To OF H.R. 6842, NATIONAL CAPITAL customary 30 minutes to the gen- defeat the previous question is to give the SECURITY AND SAFETY ACT tleman from Texas (Mr. SESSIONS). All opposition a chance to decide the subject be- time yielded during consideration of fore the House. Cannon cites the Speaker’s Mr. MCGOVERN. Mr. Speaker, by di- the rule is for debate only. rection of the Committee on Rules, I ruling of January 13, 1920, to the effect that GENERAL LEAVE ‘‘the refusal of the House to sustain the de- call up House Resolution 1434 and ask Mr. MCGOVERN. I ask unanimous mand for the previous question passes the for its immediate consideration. control of the resolution to the opposition’’ consent that all Members be given 5 The Clerk read the resolution, as fol- legislative days in which to revise and in order to offer an amendment. On March lows: 15, 1909, a member of the majority party of- extend their remarks on House Resolu- fered a rule resolution. The House defeated H. RES. 1434 tion 1434. the previous question and a member of the Resolved, That at any time after the adop- The SPEAKER pro tempore. Is there opposition rose to a parliamentary inquiry, tion of this resolution the Speaker may, pur- objection to the request of the gen- asking who was entitled to recognition. suant to clause 2(b) of rule XVIII, declare the tleman from Massachusetts? Speaker Joseph G. Cannon (R–Illinois) said: House resolved into the Committee of the There was no objection. ‘‘The previous question having been refused, Whole House on the state of the Union for Mr. MCGOVERN. Mr. Speaker, I yield the gentleman from New York, Mr. Fitz- consideration of the bill (H.R. 6842) to re- myself such time as I may consume. gerald, who had asked the gentleman to quire the District of Columbia to revise its Mr. Speaker, H. Res. 1434 provides for laws regarding the use and possession of fire- yield to him for an amendment, is entitled to the consideration of H.R. 6842, the Na- the first recognition.’’ arms as necessary to comply with the re- Because the vote today may look bad for quirements of the decision of the Supreme tional Capital Security and Safety Act, the Democratic majority they will say ‘‘the Court in the case of District of Columbia v. under a structured rule. The rule pro- vote on the previous question is simply a Heller, in a manner that protects the secu- vides 1 hour of general debate con- vote on whether to proceed to an immediate rity interests of the Federal government and trolled by the chairman and ranking

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00039 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.001 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 19223 minority member of the Committee on the House floor, my friends on the vote on this very issue that brought Oversight and Government Reform. other side of the aisle would be down the debate on providing the District of The rule waives all points of order here screaming about big government Columbia with a voting Member of against consideration of the bill except and local control. But when it comes to Congress to a screeching halt. clauses 9 and 10 of rule XXI. The rule doing the bidding of the gun lobby, Today, however, the Democrat ma- makes in order the amendment in the they have decided that Congress knows jority has been forced to bring this nature of a substitute printed in the re- best. measure to the floor because of a rap- port if offered by Representative It is bad enough that the citizens of idly growing bipartisan support for a CHILDERS. That amendment is debat- the District of Columbia have to en- competing measure to comply with the able for 1 hour. The rule also provides dure taxation without representation Supreme Court’s affirmation of D.C. one motion to recommit with or with- every single day. And it is bad enough residents’ constitutional rights. Isn’t it out instructions. that even though soldiers from the Dis- amazing? The District of Columbia Mr. Speaker, I stand before this trict of Columbia can fight and die went to court and found out that they House as a supporter of the second wearing the uniform of the United had to follow constitutional rights. amendment, but also as a strong sup- States, they do not have the right to a And there’s also a fear by the Demo- porter of sensible gun safety legisla- full vote in the United States Congress. crat majority that a discharge petition tion. I also stand here as a strong sup- We should be strengthening the Dis- that has already won the support of 166 porter of the elected Government of trict’s right to govern itself, not Members of Congress, the passage of the District of Columbia, and I respect trouncing on it. For years, Congress which the Washington Post has re- their right to enact and execute their treated the District of Columbia as its cently said would be ‘‘deeply embar- own laws. little fiefdom. The amendment made in rassing to the House leadership and Apparently, and unfortunately, not order under this rule would take us could infrastructure the party’s House all of my colleagues agree. They be- back to those bad old days. contingent.’’ lieve that Members of Congress from Again, the purpose of the underlying Mr. Speaker, instead of providing other States have the right to dictate bipartisan legislation before us today real, meaningful policy solutions to matters that are best left to local gov- is to require that the D.C. Government make the lives of law-abiding citizens ernments. comply with the Heller decision within of the District of Columbia safer, today On June 26, 2008, by a 5–4 decision in 180 days. There is simply no need, there we are taking up a measure that would the Heller case, the Supreme Court is no justification for this Congress to continue to subvert the wishes of our upheld a ruling of the Federal Appeals go beyond the Heller decision and im- Founding Fathers, as recognized and Court which found the District’s ban on pose sweeping changes to the self-gov- affirmed by the Supreme Court, while handgun possession to be unconstitu- ernance of D.C. But that is exactly also allowing Members to have a vote tional. It is important to note that the what the Heller amendment would do, on an excellent substitute amendment court stipulated that this right is not easing access to guns, eliminating gun which I fear will be dead on arrival unlimited; they reaffirmed that ‘‘any registration, and making D.C. law en- when it reaches the Democrat-con- gun, anywhere’’ is not constitutionally forcement’s job to protect its residents trolled Senate. protected. and the visitors that come here that This substitute amendment, which I In response to the ruling, the D.C. much harder. strongly support and have cosponsored, City Council passed, and the mayor along with 115 other bipartisan col- b 1500 signed, emergency legislation to tem- leagues, would recognize that D.C.’s porarily allow District residents to This will, in no way, make our Na- ban on handgun possession in the home have pistols in their homes. The coun- tion’s capital a safer place. violates the second amendment, as cil will continue their work this week Mr. Speaker, I want to thank Con- does the District of Columbia’s prohibi- by making those changes permanent. gresswoman HOLMES NORTON for her tion against rendering any lawful fire- Mr. Speaker, the elected D.C. City steadfast representation of the Dis- arm in the home operable for the pur- Council and the elected mayor are trict, and for bringing H.R. 6842 to the pose of immediate self-defense. committed to complying with the Hell- floor today. I urge my colleagues to To correct this injustice, the sub- er decision. The plaintiff in the case, support her legislation and to vote stitute amendment would repeal the Dick Heller, was quickly allowed to ‘‘no’’ on the Childers amendment, and I District’s illogical ban on the most keep a gun in his home. look forward to the debate today. popular home and self-defense weapons, But that is not good enough for my I reserve the balance of my time. restore the right of self-defense in the friends on the other side of this debate. Mr. SESSIONS. Mr. Speaker, as you home, repeal the District’s inten- They believe it is not good enough for might guess, I rise in opposition to this tionally burdensome registration proc- the D.C. Government to comply with rule, to the underlying legislation, and, ess, and allow D.C. residents to finally the court’s ruling. They believe they I believe, to the entire process that got purchase handguns and defend them- can take this opportunity to shove the this bill here today, which I believe selves in their own homes. agenda of a single special interest, the represents little more than an oppor- Mr. Speaker, I understand that as gun lobby, down the throats of the citi- tunity for this Democratic majority to early as today, that the D.C. City zens of the District of Columbia. thumb its nose at the Supreme Court’s Council may be meeting to address this Mr. Speaker, it is beyond insulting; recent ruling upholding an individual’s issue. But I remain concerned about it is arrogant. I ask my friends on the right to keep and bear arms, while also what the same authors of the so-called other side, how would they like it if providing some of its vulnerable Mem- ‘‘emergency’’ legislation that violated Congress enacted laws that took away bers with a meaningless political cover the Supreme Court’s ruling just a few local control in their own commu- vote leading up to this fall’s election. months ago, may try to pass in order nities? Maybe Congress should decide Since taking control of this House al- to continue to drag their feet and to whether the ‘‘Adventures of most 2 years ago, Mr. Speaker, this deny D.C. residents their constitu- Huckleberry Finn’’ can be assigned in Democrat majority has done every- tional rights to protect themselves and the Dallas County schools. Maybe Con- thing in its power to prevent Repub- their families in their own home. This gress should decide whether a new Wal- licans who agree with the Supreme Congress should not be on record try- Mart can be built in Tupelo, Mis- Court that residents of the District of ing to avoid what is the law of the sissippi. Maybe Congress should decide Columbia have the right to self-de- land. how many firefighters the Macon, fense, like every other American cit- Because of the Council’s dem- Georgia Fire Department should have. izen, having a vote on this issue, is onstrated past willingness to abide by I promise you, Mr. Speaker, that if very important. In fact, last year it our Nation’s laws, I believe that it is we tried to bring any of those things to was the Democrats’ need to prevent a important that this House pass the

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00040 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.001 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19224 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 September 16, 2008 substitute amendment on behalf of all land, and to provide its residents with the NRA pointing a proverbial gun at law-abiding citizens who want to exer- all the constitutional rights enjoyed by their re-election. This puts many cise their constitutional rights within other American citizens, and to oppose Democrats in a terrible position. the District of Columbia. the underlying legislation. For example, Speaker PELOSI and Additionally, as the administration Mr. Speaker, I reserve the balance of Majority Leader HOYER have spent notes in their statement of policy on my time. their careers protecting the Federal this legislation, the underlying bill in Mr. MCGOVERN. Mr. Speaker, this presence. They have spent their careers its current form would do nothing debate is nuts. The Childers amend- supporting home rule and voting more than direct the D.C. City Council ment, among other things, would allow against bills just like the substitute to reconsider within 180 days the emer- stockpiling of military-style weapons amendment which has been made in gency firearms legislation it passed in with high capacity ammunition maga- order. July, and which will expire in October, zines. It would undermine Federal anti- It is this substitute amendment regardless of this House’s action on gun trafficking laws. It would prohibit which has dismayed and, I must tell this matter. This means that if this D.C. from enacting commonsense gun you, even angered many in this House, legislation is passed without the sub- laws. It would repeal commonsense re- because what the rule gives with one stitute amendment provided for by this strictions on gun possession by dan- hand, it takes back with another. rule, the legislation’s only effect would gerous unqualified persons. It repeals Some people are dismayed because be to give the City Council even more all age limits for the possession and they are gun safety advocates, and we time to drag its feet and remain non- carrying of long guns, including as- haven’t been able to get a new assault compliant with the directives of the sault rifles. It allows gun possession by weapon bill passed through the House. Some people are dismayed because it highest court in our land. many persons who have committed vio- is the energy bill they want to con- Mr. Speaker, it really should not be lent or drug-related misdemeanor tinue to talk about and other national so difficult to write a law that is com- crimes. It allows many persons who are business, and now they’re talking pliant with the Constitution. dangerously mentally ill to obtain fire- about a local council issue. Mr. Speaker, I would like to submit arms. It repeals registration require- Some are dismayed because they’ve this Statement of Administration Pol- ments for firearms. It repeals all safe always supported home rule. And some icy in opposition to this bill and in sup- storage laws. are dismayed because this is a bill that port of the substitute amendment in Mr. Speaker, it is my view that, if, in threatens, in the worst way, the Fed- the CONGRESSIONAL RECORD. fact, we enacted the Childers amend- eral presence. We’re putting not just STATEMENT OF ADMINISTRATION POLICY ment, that we would create a situation the District at risk. That’s par for the H.R. 6842—NATIONAL CAPITAL SECURITY AND where we put more people in danger. course. We’re putting the entire Fed- SAFETY ACT This is not about security for the eral presence, every Federal official, (Del. Norton (D) District of Columbia and citizens of D.C. This, quite frankly, is every dignitary, from the President of Rep. Waxman (D) California) about insecurity. What this amend- the United States to Federal employees The Administration supports the objective ment is is one big fat wet kiss to the working in cabinet agencies, every behind H.R. 6842 of revising the District of National Rifle Association. man, woman and child who works, vis- Columbia’s firearms laws to ensure their At this point, Mr. Speaker, I yield 5 its or lives in the District of Columbia, conformity with the Second Amendment as minutes to the gentlewoman from the is put at risk by a bill that the NRA interpreted by the Supreme Court in District District of Columbia, Ms. ELEANOR of Columbia v. Heller. The bill in its present has insisted come to the floor. HOLMES NORTON. We have before us, if this bill passes, form, however, would do nothing more than Ms. NORTON. I thank the gentleman direct the District’s City Council to recon- one of the most permissive gun laws in sider the emergency firearms legislation for yielding. I very much appreciate the country. Post-9/11, the United that it unanimously passed in July. Because that the Rules Committee, under the States House of Representatives would that emergency legislation must by law ex- gentleman, has made the Waxman-Nor- be passing a bill, should this rule sur- pire in October, H.R. 6842 simply requires the ton Home Rule bill in order, and par- vive, that arms an entirely new set of Council to do what it is effectively required ticularly Chairman WAXMAN for afford- people that most jurisdictions would to do already (in far less time than the 180 ing a hearing which exposed the dan- days that would be required by this bill). prefer not to have guns at all, children. gers of this bill, so much so that the No age limit, for example. People just Therefore, the Administration strongly op- NRA was driven back to the drawing poses this legislation unless it is amended to released from a mental institution, include the provisions of H.R. 6691, the Sec- board to change at least some of it. Un- like John Hinckley, that is people who ond Amendment Enforcement Act. fortunately, they’ve left a very dan- are voluntarily committed and then re- The Administration strongly supports H.R. gerous bill anyway. leased, people convicted of very serious 6691 because it would immediately advance Our Home Rule bill says 180 days crimes, all could get a gun because of Second Amendment principles by directly after the Heller decision, the District the NRA bill. Why? protecting the individual right of law-abid- must respond, and, of course, within The Waxman-Norton bill passed 21–1 ing District residents to keep and bear com- two weeks it had responded. Council because there wasn’t any reason to monly used firearms not only to protect was about to go out of town; could have themselves and their families but also to vote against it and because people protect their homes and property. H.R. 6691 gone out of town and waited until the didn’t want to be seen voting against would ensure that law-abiding residents of Council reconvened today, but it al- such a bill. the District have a meaningful opportunity lowed registration to occur by passing So why the substitute? to procure lawful firearms without undue a stopgap measure. It didn’t change The short answer, Mr. Speaker, is be- delay, as well as the ability to keep those much because there was no time for cause the NRA says so. It’s a short an- firearms readily accessible for self-defense hearings. But Heller himself, Dick swer. It’s a long answer. It’s the only without having to unlock or assemble them Heller, has registered under that bill. answer. NRA has proudly announced to in the face of imminent danger. H.R. 6691, They are voting, ironically, as I which has bipartisan support, would respon- every reporter in town that they wrote sibly balance individual rights with the pub- speak, on a permanent bill that I think the bill, that they told the Members lic safety by expanding the practical oppor- every Second Amendment advocate what to do, and that’s why the bill is tunities to keep and bear arms for lawful would support because it more than coming to the floor. They have used a purposes in the District within the reason- meets the Heller decision. combination of campaign funds and, able limits imposed by the Federal firearms Mr. Speaker, I understand the very frankly, terror in the hearts of some laws. painful dilemma that the Democratic Democrats at least about their own re- Mr. Speaker, I encourage all my col- leadership and our own caucus has been election. Who knows if the NRA will leagues to support the substitute put in. 5 days after commemorating succeed, but people are afraid. amendment to hold D.C. accountable to 9/11, Democrats were met in a dark The public lie that’s being pandered the Supreme Court, to the laws of this alley with a ‘‘do or die’’ demand from here is that the NRA bill was necessary

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00041 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.001 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 19225 because the District isn’t complying talks about ‘‘those Republicans that struggle over the issue of whether or and won’t comply. Never mind that if have forced us into having to bring this not to allow drilling on the Outer Con- D.C. didn’t comply Congress could bill to the floor today.’’ tinental Shelf for both oil and natural overturn District law because Congress Mr. MCGOVERN. Will the gentleman gas and to utilize our own resources to can overturn any law the Council yield? bring down the price of energy and the passes. But D.C. has already begun to Mr. SESSIONS. I will yield. price at the pump to the American peo- comply. They put in a stopgap meas- Mr. MCGOVERN. I didn’t accuse the ple who are suffering so badly. ure. Heller is, in fact, registered. They Republicans of forcing. I said ‘‘those on In that particular legislation, of did that as they were going out of the other side of this debate.’’ course, the leadership is in favor of, town. Mr. SESSIONS. I appreciate the gen- Mr. Speaker, of saving the planet. The The SPEAKER pro tempore. The tleman clarifying that. leadership of the Senate is in favor of time of the gentlewoman has expired. Reclaiming my time, the gentleman getting rid of all fossil fuels, which he Mr. MCGOVERN. I yield the gentle- accused those who are on the other side characterizes as poison; the leader of woman another 2 minutes. of the debate of forcing this issue Sierra Club says it would be a good Ms. NORTON. As we’re speaking, the today. thing if we had to pay $10 and $12 a gal- Council is voting on permanent legisla- Well, Mr. Speaker, this is an internal lon for gasoline at the pump. That’s tion that no gun supporter could op- struggle within the Democratic Party. the leadership. pose. It puts no limit on the number of The gentleman who brought the bill to But there are many, Mr. Speaker, in guns you could have in your homes. It the floor today chaired the Rules Com- the Democratic majority rank and file, allows unlocked semi-automatic fire- mittee last night. I heard no voice op- if you will, the Blue Dog Coalition, arms in the home, and it uses other position to the rule, to the substitute; they’re struggling. They’re struggling measures to protect District residents and yet today we hear they were being very badly with that type of policy. and to protect the Federal presence, forced into doing this by the other side, And I think they would feel just as we such as restrictions, for example, on those who opposed the bill. But it’s do on this side of the aisle that in these the age when a child can get a gun. their bill. It’s their internal fight. It’s dire economic times, it’s time to save But Members are being asked to cast their internal disagreement. It’s their not the planet, but to save the United a dangerous vote on a dangerous rule, argument that they’re having among States of America. followed by a vote on a dangerous bill their own family members. Mr. Speaker, I rise, as I say, in strong that not only has no public purpose, So for the record, let me just state support of the amendment in the na- but flies in the face of the overriding the Republican Party is for following ture of a substitute the Rules Com- public purpose of the Congress of the the law. We do believe the Supreme mittee has made in order for this legis- United States since 9/11, and of the cur- Court got it right. We believe that it is lation. The right of an individual to rent administration, to protect the wrong to bring a bill to the floor as the keep and bear arms is one of the most country beginning with protecting the majority party, the Democratic Party, basic rights provided to all Americans Nation’s Capital. has done to try and circumvent and by our Bill of Rights. You didn’t hear it from me. You lengthen out the time that was given On June 26, 2008, the Supreme Court heard it from the Capitol Police if you by the Supreme Court for someone to reaffirmed that very right for the resi- were at the hearing. You heard it from come into compliance with the law. dents of the Nation’s capital in its rul- the Park Police which has jurisdiction And we do believe that what the ing on the case of the District of Co- throughout the region. You heard it. Rules Committee did last night was lumbia v. Heller. The Court’s 5–4 deci- These are the Federal police that have not open and honest and not about sion rightfully deemed the long- enforcement authority. And you heard more accountability. We believe what standing ban on handguns in the homes it from the head of the D.C. Police De- they did was to handle a political mat- of law-abiding citizens in the District partment, the largest Police Depart- ter that is a fight that they’re having of Columbia to be unconstitutional. ment in the region, the woman who set among themselves. Mr. Speaker, in theory, the result of up the Department’s Homeland Secu- The Republican Party is pleased to this ruling should have simply allowed rity section, which put her in daily be here on behalf of taxpayers and law- Washington, DC, residents to have the touch with the top Federal security abiding citizens who want to protect same second amendment rights as the network. themselves. We believe that this sub- rest of this country. Unfortunately I have no idea, Mr. Speaker, what stitute amendment, which has been though, the D.C. City Council chose to will happen if this matter passes this made in order by the Rules Committee, ignore the will of the Supreme Court session. I know what I will do. But is the better of the two bills. by passing an ordinance that continues even if the danger penetrates here or in But to say that somebody is strug- to infringe upon the rights of individ- the Senate, let me give you fair warn- gling or some outside forces are forcing uals constitutionally protected. ing, your districts are going to hear this bill upon this Democrat majority The strongly bipartisan amendment about what you do today. This has been is absurd. in the nature of a substitute for H.R. blown up into a national matter be- Mr. Speaker, at this time I would 6842 properly addresses the underlying cause you are threatening the safety of like to yield 5 minutes to the gen- issue to enforce the will of the Su- the entire Federal presence and every tleman from Georgia and my former preme Court. It does so by repealing dignitary and every Federal employee colleague on the Rules Committee, Dr. the District of Columbia’s current ban here. GINGREY. on semi-automatic pistols, which are No Member of Congress who regards Mr. GINGREY. Mr. Speaker, I thank the most commonly owned handguns in herself or himself as responsible Mem- the gentleman for yielding. this country. It also repeals the need- bers should want their name attached I rise very forcibly in favor of this less requirement that a lawful firearm in the 110th Congress to this bill, not to bill. I think that it is a good rule and in the home must be either disassem- the attached bill. I ask you to consider a good underlying bill, and I’m proud bled or bound by a trigger lock; these that before you go home and try to ex- to support it. provisions undermining an individual’s plain why you endangered the Presi- I agree with my colleague, my former ability to provide for their own self-de- dent of the United States and visitors colleague on the Rules Committee, the fense and the self-defense of their fam- to Washington like themselves. gentleman from Texas, when he says ily and their children. that this is an internal struggle within Currently, there are no registered b 1515 the Democratic majority, within the firearms dealers within the District of Mr. SESSIONS. Mr. Speaker, you Democratic Party over this piece of Columbia, so the amendment made in know, I find it very interesting that legislation just as I think, Mr. Speak- order will waive Federal law for D.C. the gentleman from Massachusetts er, that they’re engaged in an internal residents and simply allow them to

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00042 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.001 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19226 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 September 16, 2008 lawfully purchase a handgun either in Unfortunately, this amendment Now for those of us who have been the State of Virginia or in the State of would tie the hands of city officials to clamoring for a comprehensive energy Maryland. impose even the most basic reasonable bill that included more drilling, more Mr. Speaker, it’s imperative that we safety measures and goes far beyond conservation, more fuel efficiency, fully enforce the Supreme Court’s rule what the Supreme Court has required. solar, wind, nuclear, this was welcome and restore second amendment rights It would, for instance, prohibit gun news. And imagine how anxious we to residents of our Nation’s capital. I registration, prohibit any ban on pur- were late last week to wait for the strongly support the amendment in the chasing in another State and bringing Democrat bill to be filed, assuming we nature of a substitute. I urge all of my the gun to D.C., remove a clip limit— would have the weekend to examine it. colleagues to support this amendment now, are you ready for this one—pro- And as we waited throughout the and, if it is adopted, the underlying hibit the D.C. Government from dis- first day of the week yesterday, it bill. couraging gun purchase and ownership. wasn’t until 9:45 last night that a 290- Mr. MCGOVERN. Mr. Speaker, I yield In other words, you can tell people page bill was filed on this floor. And we 4 minutes to the gentleman from New not to drink and drive; you can tell found that the drill-nothing Congress York, the Chair of the Appropriations them to practice safe sex; you can tell has introduced legislation that is es- Subcommittee on Financial Services them not to drop out of school; but you sentially a drill-almost-nothing bill; and General Government, which over- can’t tell them that it’s not a good idea and I want to speak about that in the sees the District of Columbia, Mr. to buy a gun. very limited time that we have. SERRANO. This is, my friends, congressional co- So while I oppose the rule, I want to Mr. SERRANO. Mr. Speaker, I rise in lonialism at its worst. Our rule is not speak about what is bearing upon the support of the rule that would allow to override and interfere with local American people, bearing upon Amer- the Norton bill and in strong opposi- compliance with Supreme Court rul- ican families and school systems and tion to the amendment that treats the ings. The citizens and residents of D.C. seniors, and that is the unbridled and District of Columbia as a colony. deserve our respect. This amendment unprecedented weight of the cost of en- I have said many times that Congress fails that basic test. ergy in America. needs to stop imposing its will on the Mr. SESSIONS. Mr. Speaker, at this As Wall Street reels from another fi- residents of the District of Columbia. time I would like to yield 6 minutes to nancial crisis, as we hear unemploy- As chairman of the subcommittee that the distinguished gentleman from Indi- ment numbers that are heartbreaking overseas the District, I have made non- to real working Americans, most ana (Mr. PENCE). interference in District affairs a pri- Mr. PENCE. I thank the distin- Americans know the high cost of en- ority of my oversight. D.C. does not guished gentleman from Texas for his ergy is costing American jobs. need a second mayor and does not need And so on the one day that the Dem- leadership and for yielding this time. a second city council, although there ocrat majority will allow us to debate And I rise to oppose this rule. I sup- are Members here today who seem in- their comprehensive strategy for en- port the Childers amendment in the terested in serving for both. ergy independence, I want to speak form of a substitute. I am left to won- The amendment to Delegate NOR- about what the substance of that bill der, as I’m sure any of our countrymen TON’s bill is particularly offensive. is. Under the cover of forcing D.C. to com- looking in are wondering why, after Now, as I said, the drill-nothing Dem- ply with the Supreme Court ruling, it only learning of the Democrat’s energy ocrat Congress announced they were instead guts D.C.’s ability to protect bill last night at 9:45 on the House, we going to bring this energy bill to the its citizens from unnecessary violence. have taken some sort of a timeout floor. It includes more drilling, and I sincerely believe that supporters of from a contentious, and I thought, sub- now many of them have said in many this amendment are seeking to impose stantive debate on the Democrat en- corners of the national media that Re- on D.C. that which they would never ergy bill that will be brought up, I as- publicans have to take ‘‘yes’’ for an an- impose on their own communities sim- sume, within an hour. swer. Well, I would suggest to my coun- The Supreme Court of the United ply because D.C. is under their control trymen, before you sign a contract, States has already ruled on this issue. and they’re not accountable to D.C. read the fine print. residents. What the heck, it’s the Dis- I understand there is some disagree- trict of Columbia; use it as a testing ment in the Democrat majority over b 1530 ground for anything you can’t do back how it’s to be handled from a funding The fine print of this contract is pro- home. standpoint, but what I don’t under- foundly disappointing to those of us One of the most unpleasant features stand is the timing. that were looking to give the bipar- of our current democracy is the fact Mr. Speaker, to be honest with you, I tisan majority of this Congress that that many millions of U.S. citizens in look across this aisle, I see men and supports a comprehensive energy strat- the District, Puerto Rico, and other women that I respect deeply and with egy, that includes a real access to territories do not have fair and equal whom I have worked on issues, some- America’s domestic reserves, a fair up- representation here in Congress but in- times in nontraditional ways. And so I or-down vote. stead are left to the subject of the would not accuse my colleagues that The drill-nothing Democratic Con- whims of a Congress elected by citi- are here on the floor doing their duty gress is essentially, as I said, a basi- zens. of any ill motive. But I have to wonder cally drill-almost-nothing. Here’s some D.C. is a jurisdiction that does not about a Democrat majority that intro- examples. They say ‘‘yes’’ to drilling in need constant congressional meddling duces this discussion about gun control their bill but not in Alaska, not in the in local affairs. Their gun laws are no on the one and only day that they are eastern gulf and not within 50 miles of exception. They know best how to keep going to permit us to debate their en- our country. their citizens and residents like us safe ergy bill. They say ‘‘yes’’ to drilling in the bill, from the threat of deadly gun violence. And I think the American people are but they say States can decide on The Supreme Court asked them to entitled to know, Mr. Speaker, the whether we drill off their coasts, but modify their laws to comply with the Democrat Party in the Congress, after we will give the States no revenues Constitution. The District is doing so spending the last 20 months telling whatsoever for allowing us to drill. The in a responsible manner. In fact, today their constituency and the American Governor of a coastal State was on the they are meeting to consider amend- people that there would never be a vote floor of the Congress today. When I ments to bring their firearm laws in allowed on this floor that would permit said, ‘‘What’s the likelihood that your compliance with the Supreme Court more domestic drilling, abruptly an- State will permit drilling if we offer ruling. The underlying Norton bill nounced last week that they were your State legislature no revenues would ensure that they continue to do going to bring an energy bill to the from the drilling in your waters?’’ And so. floor with drilling. he only laughed out loud.

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00043 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.001 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 19227 I assume that the Democrat major- At this point, I would like to yield 1 utility prices. It increases gas prices, ity, in saying that unlike the Gulf minute to the gentleman from Mis- increases taxes, increases everything States that get some 39 percent of the sissippi (Mr. CHILDERS). but energy. And as we know, this is not revenues that are drilled in their wa- Mr. CHILDERS. Mr. Speaker, I rise what the American people demand. It ters under existing agreements, I as- today in support of the rule to H.R. is not what the American people de- sume the Democrat majority believes 6842, the National Security and Safety serve. that States will opt in to drilling out Act. I was pleased the Rules Com- So we ask ourselves why. Well, there of the goodness of their hearts, out of mittee made in order my amendment are two reasons. The first reason comes their patriotism. Maybe not. in the nature of a substitute, which is to us out of the curious visage that we They say ‘‘yes’’ to drilling, but the directly in line with H.R. 6691, the Sec- have before us as Members, who in the lack of litigation reform will allow en- ond Amendment Enforcement Act. past would not vote to drill a tooth, vironmental lawyers to swarm over My sole intention with my amend- now embracing oil derricks as if they any new leases, even those that are ment is to make clear law-abiding citi- were endangered darter snails. permitted more than 50 miles out, and zens in the District of Columbia are af- The question is why. It’s because, as they’ll be tied up in court for years be- forded self-protection rights within has been pointed out by many of my fore a single drop is pumped. their homes. I do not seek to cir- colleagues, this bill is not a drill bill, In their legislation, there’s a renew- cumvent or take away any power from and drilling is, by the way, a tech- able mandate that literally could cause the District of Columbia. However, I do nique. It is a technique that meets the electrical rates between now and 2012 believe we should respect, even if we goal which is maximum American en- to skyrocket on working Americans. disagree with, the opinions of the Su- ergy production, and in that, this bill There’s no commitment to increasing preme Court. falls short. In fact, while you might be our refinery capacity. There’s huge tax I look forward to debating my sub- tempted to judge this book by its increases on oil companies. As I’ve stitute amendment in the near future, cover, the Dems are in the details and asked before to my citizens in Indiana, and I welcome the thoughts and con- no drilling will occur, for many of the ‘‘Who among you thinks by raising cerns of my fellow colleagues in the reasons put forward earlier. taxes on oil companies you’re going to House of Representatives. So you ask yourself why. Why would lower the price of gasoline at the Mr. SESSIONS. Mr. Speaker, at this we not expand supply? Why would we not allow Americans to access their pump?’’ That’s usually a laugh out time, I’d like to yield 5 minutes to the own domestic energy resources to help loud moment in town hall meetings. chairman of the Republican Policy successfully transition to American en- That’s what passes for the Democrat Committee, the gentleman from Michi- ergy security and independence? gan (Mr. MCCOTTER). bill. The reality is this. There are people The SPEAKER pro tempore (Mr. Mr. MCCOTTER. Mr. Speaker, I rise who believe that high energy prices SERRANO). The time of the gentleman to oppose the rule, and like our pre- will help make this transition nec- vious speaker from Indiana (Mr. has expired. essary, will force the American people Mr. SESSIONS. I yield the gentleman PENCE), I do support the Childers to radically change their lifestyles in an additional 1 minute. amendment in the nature of a sub- the pursuit of some abstract dystopia Mr. PENCE. I thank the gentleman stitute. But I, too, find it ironic that put forward by radical environmental- for yielding. we are discussing this today when we ists and others who seek to undo the I say to my Democrat colleagues, have so little time to discuss America’s industrial age in American economic many of whom I respect deeply and future energy security and energy inde- prosperity during this transition to a with whom I work on a broad range of pendence. globalized economy. issues, on behalf of our constituents Earlier today we’ve heard that we That is the real basis of this discus- that are struggling under the weight of will be confronting landmark legisla- sion. That is the basis of this debate. record gasoline prices, don’t do this. tion. I concur with this assessment. We can have an all-of-the-above energy Don’t do it this way. This Congress is Unfortunately, it will not be a land- strategy that responsibly transitions better than that. mark energy policy. It is going to be a America into a future of energy secu- We have a bipartisan majority in this landmark in political cynicism. rity and independence, or we can have Congress, including some men and We’ve heard much about a com- a radical restructuring of their very women that I am looking at right now, promise being struck. Yet as a member lifestyle through the government regu- who, if given the opportunity, would of a party that has not been consulted lation and rationing of American en- come together in a bipartisan way and on this legislation, let alone involved ergy. pass legislation that said ‘‘yes’’ to in a free, open, and transparent proc- The consequences upon the people of more real drilling, but also ‘‘yes’’ to ess, we are left but to assume there’s a this country will be devastating and, in conservation, ‘‘yes’’ to fuel efficiency, compromise amongst the Speaker her- the end, they will not be fooled. For ‘‘yes’’ to solar and wind and nuclear. self, potentially radical special interest while this bill comes before us and we But we can’t say ‘‘yes’’ with a back- groups, and maybe members of her own are told the Republicans should not room deal brought to the floor of the caucus that were privileged to be a take ‘‘yes’’ for an answer, the reality is Congress, given one day of debate, no part of its drafting behind closed doors. this: The American people will not mis- amendments, and jammed through the Then what do we celebrate, as we’ve take ‘‘no’’ for a solution, and in the American people. heard the word ‘‘celebrate’’ this land- end, they will also come to the conclu- Let’s end the charade. Let’s stop mark legislation so much? What do we sion that by not increasing American playing politics with American energy celebrate? Do we celebrate the end of supply of their own energy resources, independence. Let this Congress work the House as a free, open, transparent this deadbeat, drill-nothing Democrat its will, and we will come together on institution where the voices of the Congress is Big Oil’s best friend. a strategy that works for all of our Na- American people are expressed through Mr. MCGOVERN. Mr. Speaker, I tion. their servants in this Congress, to have know this debate’s getting a little Mr. MCGOVERN. Mr. Speaker, first I an influence on legislation, to have an wacky, but I want to thank the gen- want to thank the gentleman from In- impact on legislation? Or do we actu- tleman from Michigan. In those 5 min- diana for his interesting speech on ally, more, commemorate the loss of an utes that he spoke, the big oil compa- drilling. I have to tell him it hasn’t individual’s ability to serve as legisla- nies that the Republicans have been so convinced me to support the Childers tors rather than as radical rubber supportive of have made $1.7 million in amendment on guns. Maybe he’s imply- stamps for legislation placed under profits. ing that more guns on the street means their noses? I yield 2 minutes to the chairman of cheaper gas prices, but I don’t think he What does this legislation do? Well, the Appropriations Committee, the even believes that. it increases a lot of things. It increases gentleman from Wisconsin (Mr. OBEY).

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00044 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.001 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19228 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 September 16, 2008

Mr. OBEY. Mr. Speaker, I happen to Mr. MCGOVERN. Mr. Speaker, I yield District responded by passing an emer- agree with the Supreme Court decision 2 minutes to the gentleman from Ten- gency bill that fails to comply with the on the gun issue. I’ve always felt that nessee (Mr. TANNER). Court’s ruling. Here’s what D.C.’s re- those who claimed that there was not Mr. TANNER. Mr. Speaker, I thank sponse was to the Supreme Court rul- an individual protection in the second the Rules Committee for allowing me ing saying, yes, the second right ap- amendment for gun owners were oddly this 2 minutes. plies to the citizens of the District of mistaken. But the issue facing us Those of us who support the Childers Columbia just as it does to all the today is not about guns. It’s about the amendment are not here of our voli- other citizens in the United States of Federal relationship with local com- tion. We’re here because the Supreme America, and this is how the Govern- munities. Court of the United States, in a clari- ment of D.C. responded. They did not The first fight I ever had on this floor fication ruling regarding, in this case, correct its machine gun ban, which, was when Bob Giaimo and I pried loose the second amendment to the Constitu- unlike Federal or State laws, defines the money for the District subway tion, said that it’s the law of the land machine guns to include semi-auto- when the Appropriations Committee and certain things must be done. matic firearms. Well, guess what, Mr. was trying to dictate local transpor- This Childers amendment does this Speaker, almost every weapon in tation policy. I didn’t like bullying and only this. It does not, for example, America today is a semi-automatic then, and I don’t like it now. have any provisions that would limit firearm. You can’t duck hunt without a That’s why, since that time, I’ve gen- the ability of the independent authori- semi-automatic firearm. Very few pis- erally voted ‘‘present’’ whenever the ties of D.C., such as a public housing tols can be purchased that are not Congress tries to play city council and authority, from restricting firearms. It semi-automatic firearms. dictate local business. I do that as a does not repeal the ammunition ban. It D.C. failed to eliminate its ban on op- protest against Congress acting like does not do anything in terms of strict erable firearms within the home, al- we’re elected city councilmen. liability for gun manufacturers, as the lowing a person to assemble and load a Most Members of this Congress would District law provides, provisions re- firearm at home only if a criminal at- fight to preserve local authority for garding exemptions. tack is underway. In other words, if their own communities, but they don’t b 1545 someone breaks into your house in hesitate to destroy it when the District D.C., you’ve got to say, excuse me, Mr. of Columbia’s around. Well, I, for one, All it does is what we would do rou- Intruder, would you pause a moment was not elected to be a D.C. city coun- tinely around here if it were any other while I assemble my gun? This bill cilman. I’m not paid to be a D.C. city group of American citizens in any makes no sense, and that’s why the councilman. If I’m expected to vote on State or territory. We would say, look, Childers amendment is in order and their issues, I want to know where is the Supreme Court changed the law of that’s why I will be supporting it my check from the District govern- the land that Congress is going to today. enact enabling legislation to allow for ment? Mr. SESSIONS. Mr. Speaker, I con- that decision to be instrumental and If Members of this body want to de- tinue to reserve. cide D.C. policy instead of running for put into place. And you will do the Mr. MCGOVERN. Mr. Speaker, I yield the Congress, they ought to run for the same whether you live in California, New York, Tennessee, the District of 1 minute to the gentlelady from the district council, and they ought to cut District of Columbia. their paychecks to the District council Columbia, Hawaii, wherever. This is Ms. NORTON. I thank the gentleman. level. That’s what I believe, and that’s done routinely. I don’t understand how why I will vote ‘‘present’’ on the under- people can argue that since its the Dis- I think I should make an important lying bill, and I will vote ‘‘present’’ on trict, it ought to somehow be different announcement. The District of Colum- any amendment thereto as a protest to than any other American citizen. bia has just passed permanent legisla- Congress idiotically playing city coun- And so, Mr. Speaker, this Childers tion that has no gun lock provision; in- cil on this or any other issue. amendment is very narrowly drawn to stead, substitutes a child access bill Mr. SESSIONS. Mr. Speaker, we re- only enforce the Supreme Court deci- and allows semi-automatics and allows spect this Congress’s ability to consult sion as it relates to that decision; more than one. And they were always with and work with city councils and nothing more, nothing less. And what- on their way to doing it. And the good local governments. But to suggest in ever the District wants to do outside faith was shown by the fact that they any way that this Congress should be the parameters of that is perfectly all passed a stop-gap measure as they left trying to help anyone or collude with right with me. town, which allowed immediate reg- them to extend time frames that have Mr. SESSIONS. Mr. Speaker, I re- istration. This bill federalizes gun been established already by the highest serve the balance of my time. laws. It takes D.C. out of the gun busi- court of this land, that I believe was a Mr. MCGOVERN. Mr. Speaker, at this ness. It leaves a naked law with no reg- reasonable answer—the gentleman time, I yield 2 minutes to the gen- ulations. from Wisconsin believes it was a rea- tleman from Arkansas (Mr. ROSS). Scalia gave us a very narrow 5–4 deci- sonable answer—is a different kind of Mr. ROSS. Mr. Speaker, I rise today sion. By 5–4, it’s because that’s the issue. in support of the Childers amendment only way he could get it through. And And that’s all this bill really does to H.R. 6842. I want to thank the gen- you know that he got it through that today, gives the city council more tleman from Massachusetts for giving way because it leaves it to local juris- time; wait till after the election before me 2 minutes to address this issue. dictions to tailor the bill to fit their this tough issue can be decided any fur- Some folks may say, why would a local needs. D.C. is fitting its local ther by that body and by this. Member of Congress from Arkansas be needs and the needs of the Federal I think it’s a mistake to wait. I think concerned about D.C. gun laws? It’s presence. This bill, the NRA bill, it’s a mistake to intervene, and I think quite simple. Number one, I’m a pro- throws the doors open to guns and it’s a mistake not to follow the law gun Democrat. Number two, if the Gov- throws away all we’ve done in home- that the Supreme Court has laid out ernment of D.C. can take your guns land security. for the D.C. government. D.C. govern- away from you in our Nation’s capital, Mr. MCGOVERN. Mr. Speaker, at this ment needs to follow the law, needs to Prescott, Arkansas and many other time, I yield 3 minutes to the gen- follow the Constitution. They’ve been small towns across this country could tleman from Virginia (Mr. MORAN). told that a long time. They’ve fought be next. Mr. MORAN of Virginia. Mr. Speak- it. They’ve done all they can. They Now, why are we here? In June, the er, I want to voice my strong opposi- lost. The Supreme Court issued the de- Supreme Court struck down D.C.’s ban tion to the substitute amendment that cision. It’s time to follow the law. on handguns and operable firearms this rule makes in order because it Mr. Speaker, we reserve our balance. within the home for self-defense. The usurps D.C.’s home rule authority and

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00045 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.001 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 19229 imposes upon the residents of our Na- ington to talk about real energy solu- The SPEAKER pro tempore. The gen- tion’s Capital laws that they don’t sup- tions for American families, this Dem- tleman from Massachusetts has 21⁄2 port and that will make them less safe. ocrat majority has proven that they do minutes remaining. The substitute amendment goes well not believe that the energy crisis fac- Mr. MCGOVERN. Mr. Speaker, before beyond anything contained in the Hell- ing American families and businesses I use my time, I would like to insert in er decision. It leaves D.C. City Council is important enough to cancel their the RECORD a statement by the Brady with little authority to impose sensible summer beach plans or book tours to Campaign to Prevent Gun Violence; a regulations on deadly weapons. It will get their work done. statement by Stop Handgun Violence; repeal requirements that guns be prop- However, enough of their Members a letter signed by a number of religious erly stored in the home, requirements must have heard from their frustrated organizations opposed to the Childers that we know prevent the accidental constituents over August who are tired amendment; and a letter from D.C. deaths of hundreds of children every of the political games that the Demo- Vote, which includes the D.C. Repub- year. States with safe storage laws crats are playing and they want some lican Committee, which opposes the have seen substantial drops in uninten- kind of action. Because today, we are Childers amendment. tional firearm deaths compared with considering yet another measure to CHILDERS AMENDMENT WOULD REPEAL D.C. States without those laws. And, in fact, provide their Members with a political GUN LAWS, ENDANGER PUBLIC SAFETY AND a gun in the home is 22 times more cover vote that will do nothing to THREATEN HOMELAND SECURITY likely to kill a family member or a bring down the cost of energy at the The House may soon consider legislation friend than it is to ward off an intruder pump because it does nothing to en- concerning D.C. gun laws. We support H.R. or be used in self-defense. courage participation by States in a 6842, the bipartisan Norton/Issa bill to require that D.C. conform its laws to the Su- The substitute amendment will re- program to increase the amount of American-made energy. We are simply preme Court ruling in District of Columbia peal the District’s ban on semi-auto- v. Heller. The D.C. Council is already in the matic guns. Even a .50 caliber semi- wasting our time on a sham, and some- process of amending its gun laws in response automatic sniper rifle is allowed, thing that will not materialize to help to Heller, and this bill requires D.C. to act whose manufacturer publicly adver- energy prices. within 180 days. tises that it can pierce the fuselage of Mr. Speaker, last Friday, an influen- A dangerous NRA-backed amendment, pro- a jet airplane from miles away. Talk tial Democrat Senator stated what ev- posed by Rep. Childers, would repeal D.C. gun laws and go far beyond authorizing gun about making a mockery of our home- erybody in this House knows, that any bill excluding energy production rev- possession for self-defense in the home. The land security rhetoric. amendment is based on H.R. 6691, a reckless And the amendment will require Vir- enue sharing for the States will never pass the Senate, making the cynical bill so broad it even would have allowed the ginia and Maryland to sell guns to D.C. carrying of assault rifles on D.C. streets. residents, breaking with decades of and political exercise that the House After the NRA repeatedly claimed that noth- Federal gun trafficking laws, forcing will engage in shortly even more trans- ing in H.R. 6691 ‘‘would allow people to carry the Commonwealth of Virginia to allow parent. loaded firearms outside of their home,’’ it So today, I urge my colleagues to guns to fall into the hands of the men- apparently agreed to undo dangerous provi- vote with me to defeat the previous tally unbalanced and into the hands of sions that did in fact allow the carrying of question so this House can finally con- assault rifles in public. Yet the rest of the criminals. We have already seen this sider a real and comprehensive solution Childers amendment remains almost iden- happen with Virginia Tech. How dare to rising energy costs in addition to to- tical to H.R. 6691—it still undermines gun this Congress overturn Virginia’s State day’s bill to buy the District of Colum- laws and endangers homeland security. laws without even consulting them. After repeatedly misleading Congress bia more time to avoid compliance Who does the NRA think it is? There about the scope of H.R. 6691, the NRA has no with the Supreme Court’s ruling on the is no reason we’re debating this issue credibility on this issue. Last week, the second amendment. NRA’s chief lobbyist, Chris Cox, was quoted today other than to appease the NRA If the previous question is defeated, I at the expense of public safety. The repeatedly stating that the bill would not will move to amend the rule to allow allow the open carrying of assault weapons, Members who would impose this unfor additional consideration of H.R. and ridiculing those who claimed otherwise. wanted law onto D.C. residents would 6566, the American Energy Act. This The NRA has now implicitly conceded that never do this to their own constitu- real, all-of-the-above bill would in- its repeated prior statements were false, as ents, but it’s being done because D.C. crease the supply of American-made the revisions are aimed at a problem that the NRA claimed did not exist. Either the residents can’t fight back. And that’s energy, improve conservation and effi- the definition of bullying. It is beneath NRA was intentionally misleading Congress ciency, and promote new and expand- and the public about the bill, or it did not the character of the Congress to be ing energy technologies to help lower doing this. understand what its top legislative priority the cost at the pump and reduce Amer- would do. It is hard to know which is worse. And let me tell you, when you have a ica’s increasing costly and dangerous The NRA-backed Childers amendment still Presidential motorcade, you clear all dependence on foreign sources of en- creates serious threats to public safety and the streets in other cities. But in D.C., ergy. homeland security by allowing dangerous by this law, you’re going to be able to I encourage everyone that believes a persons to stockpile semiautomatic assault weapons with high capacity ammunition have a loaded gun in your window that comprehensive solution to solving this poses an immediate danger to the magazines in D.C., undermining federal laws energy crisis and achieving energy to curtail gun trafficking, and prohibiting President. independence includes increasing the What are we thinking of? This is D.C. from passing laws that could ‘‘discour- supply of American energy to defeat age’’ gun possession or use, even basic safe wrong. It needs to be defeated. It is be- the previous question. storage requirements or age limits for the neath the dignity of this Congress to Mr. Speaker, I ask unanimous con- possession of assault rifles. We oppose the even bring it up, and if it passes we will sent to have the text of this amend- dangerous Childers amendment to H.R. 6842. live to regret it. ment and extraneous material inserted BACKGROUND Mr. SESSIONS. Mr. Speaker, since into the RECORD prior to the vote on H.R. 6691 was introduced following the U.S. taking control of this House, this Dem- the previous question. Supreme Court’s ruling in District of Colum- ocrat Congress has totally neglected The SPEAKER pro tempore. Is there bia v. Heller that D.C.’s ban on handguns in its responsibility to address the domes- objection to the request of the gen- the home for self-defense was unconstitu- tic supply issues that have created the tional. Justice Scalia’s majority opinion in tleman from Texas? Heller, however, was narrow and limited. He skyrocketing gas, diesel and energy There was no objection. costs that American families today and specifically noted that a wide range of gun Mr. SESSIONS. Mr. Speaker, I yield laws are ‘‘presumptively lawful’’—everything in the future are facing. back the balance of my time. from laws ‘‘forbidding the carrying of fire- By going on vacation for 5 weeks Mr. MCGOVERN. Mr. Speaker, may I arms in sensitive places’’ to ‘‘conditions and over August while I and 138 other of my inquire as to how much time I have re- qualifications on the commercial sale of Republican colleagues stayed in Wash- maining. arms.’’

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00046 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.001 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19230 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 September 16, 2008 After Heller, D.C. passed temporary, emer- common sense restrictions on gun possession A gun in the home is 22 times more likely gency regulations to comply with the Su- in D.C. including: to be used in an unintentional shooting, a preme Court ruling, and the plaintiff in the Repealing the prohibition on most persons criminal assault or homicide, or an at- case, Dick Heller, was approved by the city under age 21 from possessing firearms tempted or completed suicide than to be to keep a gun in his home. D.C. is currently (5(b)(1)). It replaces current D.C. law with used to injure or kill in self-defense. Journal developing permanent regulations to adapt weaker federal limits that only bar anyone of Trauma, 1998. all of its gun laws to the Court’s ruling. Yet under 18 from possessing handguns (18 U.S.C. In 1997, gunshot wounds were the second instead of giving D.C.’s elected officials a 922(x)), and it repeals all age limits for the leading cause of injury death for men and fair and reasonable opportunity to enact per- possession and carrying of long guns, includ- women 10–24 years of age. manent regulations, the gun lobby is pushing ing assault rifles. In 1997, gunshot wounds were the second Congress to enact dangerous and sweeping Repealing the prohibition on gun posses- leading cause of injury death for men and legislation that goes far beyond the man- sion by anyone who has committed a violent women 10–24 years of age—second only to dates of Heller. crime or recent drug crime (5(b)(1)). It re- motor vehicle crashes—while the firearm in- Even though the bipartisan Norton/Issa places this current D.C. law with the weaker jury death rate among males 15–24 years of bill to require D.C. to conform to Heller was federal ban that allows gun possession by age was 42% higher than the motor vehicle supported by the House Committee on Over- many persons who have committed violent traffic injury death rate. Centers for Disease sight and Government Reform by a 21–1 vote, or drug-related misdemeanor crimes unre- Control and Prevention, June 1999. the gun lobby is still pushing for a broad related to domestic violence. In the U.S., children under 15 commit sui- peal of D.C. gun laws. It now supports the Repealing the prohibition on gun posses- cide with guns at a rate of eleven times the Childers amendment to H.R. 6842, which sion by anyone voluntarily committed to a rate of other countries combined. would bar the city from enacting measures mental institution in the last 5 years (unless For children under the age of 15, the rate to curb gun crime and weaken federal anti- they have a doctor’s certification) (5(b)(1)). of suicide in the United States is twice the gun trafficking laws. It replaces this current D.C. law with the rate of other countries. For suicides involv- The Childers amendment would endanger weaker federal ban that allows many persons ing firearms, the rate was almost eleven not only D.C. residents but also all those who are dangerously mentally ill to obtain times the rate of other countries combined. who work in and visit the capital. At a time firearms. U.S. Department of Justice, March 2000. when terrorists continue to look for ways to Repealing the prohibition in D.C. law on Guns in the home are the primary source attack our nation, passing this amendment gun possession by anyone who does not pass for firearms that teenagers use to kill them- would be reckless and irresponsible. Congress a vision test, including if they are blind selves in the United States. should reject the dangerous Childers amend- (5(b)(1)). D.C. would be barred from having Studies show that guns in the home are the ment. any vision requirement for gun use. primary source for firearms that teenagers use to kill themselves. Injury Prevention, DETAILS OF CHILDERS AMENDMENT TO H.R. 6842 Repealing registration requirements for 1999. Allowing stockpiling of military-style firearms—The Childers amendment repeals even the most basic gun registration require- 85% of Americans want mandatory hand- weapons with high capacity ammunition gun registration. magazines—The Childers amendment would ments (5). This means that police could no longer easily trace crime guns by tracing 85% of Americans endorse the mandatory repeal D.C.’s ban on semi-automatic weap- registration of handguns and 72% also want ons, including assault weapons (4). It would them to their registered owner. Repealing all safe storage laws—After mandatory registration of longguns (rifles also prohibit D.C. from enacting laws dis- and shotguns). 1998 National Gun Policy Sur- couraging gun use or possession, such as re- Heller, D.C. passed emergency legislation allowing guns to be unlocked for self-defense vey of the National Opinion Research Center, strictions on military-style weapons (3). It University of Chicago. thus allows the stockpiling of military-style but otherwise locked to keep guns from children and dangerous persons. The Childers 85% of Americans want a background semiautomatic assault rifles or .50 caliber check and 5-day waiting period before a sniper rifles that can pierce armored car amendment repeals all safe storage requirements and prohibits D.C. from enacting new handgun is purchased. plating. It would even allow teenagers and 85% of Americans want a background safe storage laws, even though every major children to possess loaded assault rifles by check and 5-day waiting period before a gun maker recommends that guns be kept repealing all age restrictions on the posses- handgun is purchased. 1998 National Gun Pol- unloaded and locked (3, 7). This means that sion of long guns (5(b)(1)). This means that icy Survey of the National Opinion Research D.C. could not prohibit people from storing law enforcement could not stop dangerous Center, University of Chicago. loaded firearms near children, posing an ex- persons from stockpiling assault rifles or .50 95% of Americans think that U.S. made treme danger to the safety of D.C. families. caliber sniper rifles in homes or businesses handguns should meet the same safety near federal buildings or motorcade routes. standards as imported guns. Undermining federal anti-gun trafficking THE FACTS 95% of Americans favor having handguns laws—The Childers amendment would allow 5 children were killed every day in gun re- manufactured in the United States meet the D.C. residents to cross state lines to buy lated accidents and suicides committed with same safety and quality standards that im- handguns in neighboring states, thereby un- a firearm, from 1994–1998. ported guns must meet. 1998 National Gun dermining federal anti-trafficking laws (10). An average of 5 children were killed every Policy Survey of the National Opinion Re- For decades, federal law has barred gun deal- day in gun related accidents and suicides search Center, University of Chicago. ers from selling handguns directly to out of committed with a firearm, from 1994–1998. 51% of the guns used in crimes by juveniles state buyers (other than licensed dealers) be- Centers for Disease Control and Prevention’s and people 18 to 24 were acquired by ‘‘straw cause of the high risk this creates for inter- National Center for Injury Prevention and purchasers,’’ people who buy several guns le- state gun trafficking (18 U.S.C. 922(b)(3)). Control, National Injury Mortality Statis- gally through licensed dealers, then sell This means that gun traffickers could more tics, 1994–1998. them to criminals, violent offenders, and easily obtain large quantities of guns outside 40% of American households with children kids. D.C. to illegally distribute to criminals in have guns. Peter Hart Research Associates 51% of the guns used in crimes by juveniles D.C. Poll, July 1999. and people 18 to 24 were acquired by ‘‘straw Prohibiting D.C. from enacting common 22 million children live in homes with at purchasers,’’ people who buy several guns le- sense gun laws—The Childers amendment least one firearm. 34% of children in the gally through licensed dealers, then sell would bar D.C. from passing any law that United States (representing more than 22 them to criminals, violent offenders, and would ‘‘prohibit, constructively prohibit, or million children in 11 million homes) live in kids. ATF report, Crime Gun Trace Analysis, unduly burden’’ gun ownership by anyone homes with at least one firearm. In 69 per- February 1999. not barred by already weak federal gun laws cent of homes with firearms and children, More Americans were killed by guns than (3). It would even bar D.C. from enacting more than one firearm is present. The RAND by war in the 20th Century. laws or regulations that may ‘‘discourage’’ Corporation, ‘‘Guns in the Family: Firearm More Americans were killed with guns in private gun ownership or use, including by Storage Patterns in U.S. Homes with Chil- the 18-year period between 1979 and 1997 felons, children or other dangerous persons dren,’’ March 2001, an analysis of the 1994 Na- (651,697), than were killed in battle in all (Id.). This means that D.C. could not pass tional Health Interview Survey and Year 2000 wars since 1775 (650,858). And while a sharp laws requiring shooting proficiency to use a objectives supplement. Also published as drop in gun homicides has contributed to a gun, educating parents of the dangers to Schuster et al., ‘‘Firearm Storage Patterns decline in overall gun deaths since 1993, the children of guns in the home, or even rein U.S. Homes with Children,’’ American 90’s will likely exceed the death toll of the stricting gang members without criminal Journal of Public Health 90(4): 588–594, April 1980s (327,173) and end up being the deadliest records from possessing assault rifles. 2000. decade of the century. By the end of the Repealing common sense restrictions on A gun in the home is 22 times more likely 1990s, an estimated 350,000 Americans will gun possession by dangerous or unqualified to be used in an unintentional shooting, than have been killed in non-military-related fire- persons—The Childers amendment repeals to be used to injure or kill in self-defense. arm incidents during the decade. Handgun

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00047 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.001 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 19231 Control 12/30/99 (Press release from CDC regulations that were deemed both constitu- curity and Safety Act, and to oppose any and data). tional and reasonable by the Heller ruling. all amendments offered to the bill. A classroom is emptied every two days in H.R. 6691 would completely repeal the Dis- H.R. 6842, introduced by DC Delegate Elea- America by gunfire. In 1998, 3,792 American trict’s firearm registration requirements; nor Holmes Norton, provides proponents of children and teens (19 and under) died by allow DC residents to travel to Maryland and gun rights with a vehicle for ensuring that gunfire in murders, suicides and uninten- Virginia to purchase handguns despite long- the DC government enacts legislation con- tional shootings. That’s more than 10 young standing federal law that helps prevent gun sistent with the requirements of the decision people a day. Unpublished data from the trafficking; and legalize military-style as- of the U.S. Supreme Court in District of Co- Vital Statistics System, Centers for Disease sault weapons, whose destructive power goes lumbia v. Heller. The bill also respects local Control and Prevention, National Center for far beyond what could possibly be necessary democracy in our nation’s capital by allow- Health Statistics, 2000. for self-defense or sport. ing locally elected officials to enact the Dis- Toy guns and teddy bears have more fed- While we fully acknowledge that the DC trict’s own local gun laws. eral manufacturing regulations than real law needs to comply with the Supreme Gun rights proponents support alternate legislation, H.R. 1399 and H.R. 6691, claiming guns. Centers for Disease Control, National Court’s recent Heller decision, we believe they are necessary to restore the Second Center for Health Statistics, Deaths: Final duly elected District officials should have a Amendment rights of individuals in the Dis- Data for 1999. NVSR Volume 49, No. 8. 114 pp. fair and reasonable opportunity to develop trict of Columbia. H.R. 6842 not only pro- (PHS) 2001–1120. and implement new locally specific regula- motes that goal, but would also protect the tions. H.R. 6691 would prohibit the DC gov- Every day 79 people are killed by firearms unique status and security needs of our na- in America. In 1999 a total of 28,874 persons ernment from enacting any future ‘‘laws or tion’s capital city. died from firearm injuries in the United regulations that discourage or eliminate the This summer, the duly elected DC govern- States, down nearly 6 percent from the 30,625 private ownership or use of firearms’’. It ment enacted temporary legislation in re- deaths in 1998. would be unconscionable of the House to pass sponse to the Heller decision. Consequently, 88% of the US population and 80% of U.S. this bill and impose its will on the residents DC residents are now registering handguns gun owners support childproofing all new of the District of Columbia when they do not for personal protection in their homes. H.R. handguns. 88% of the U.S. population and even have a voting member of Congress to 6842 would ensure that the DC government 80% of U.S. gun owners support childproofing register local concerns and defend their pre- enacts permanent legislation within 180 all new handguns. rogatives. Rather than upholding Second days. Congress would have the power to re- Johns Hopkins University Center of Gun Amendment liberties, this bill would restrict view, approve, disapprove or override such Policy and Research, 1997/1998. local governance, effectively limiting the permanent DC legislation if it believes the Kids in America are 12 times more likely freedoms of District residents. We find this measure is inadequate. to be killed by a gun than kids in 25 other in- violation of ‘‘home rule’’ to be deeply dis- We note that other localities are going dustrialized nations combined. The overall turbing. through this same legislative process. Con- firearm-related death rate among U.S. chil- As faith inspired organizations, we must gress should afford Washingtonians the same dren aged less than 15 years was nearly 12 actively pursue a world free from bloodshed. respect and deference it is showing to com- times higher than among children in 25 other This legislation would prevent the District munities around the country. industrialized countries combined. Centers of Columbia from lawfully regulating dan- We urge you to support H.R. 6842, the Na- for Disease Control and Prevention, ‘‘Rates gerous weapons. We urge you to help keep tional Capital Security and Safety Act. of Homicide, Suicide, and Firearm-Related Washington, DC, residents safe, and to re- Sincerely, Death Among Children—26 Industrialized spect their right to self-government. Please DC Vote, DC Republican Committee, Countries,’’ Morbidity and Mortality Weekly vote against H.R. 6691. Brady Campaign to Prevent Gun Vio- Report 46(05): 101–105, February 07, 1997. Sincerely, lence, Coalition to Stop Gun Violence, Guns stored in the home are used 72% of American Jewish Committee Common Cause, and DC Democratic the time when children are accidentally Anti-Defamation League State Committee. killed and injured, commit suicide with a ASHA for Women DC for Democracy, DC NAACP, Greater firearm. In 72% of unintentional deaths and Baptist Peace Fellowship of North America Washington Urban League, Jews injuries, suicide, and suicide attempts with a Church of the Brethren Witness/Wash- United for Justice, League of Women firearm of 0–19 year-olds, the firearm was ington Office Voters, Leadership Conference on Civil FaithTrust Institute stored in the residence of the victim, a rel- Rights, Metropolitan Washington Fellowship of Reconciliation ative, or a friend. Harborview Injury Preven- Council, AFL-CIO, NAACP, and Na- Friends Committee on National Legisla- tional Council of Jewish Women. tion and Research Center Study, Archives of tion Pediatric and Adolescent Medicine, August Hadassah the Women’s Zionist Organiza- Mr. Speaker, first I want to take a 1999. tion of America moment to thank Congresswoman EL- Medical costs from gun injuries and deaths Jewish Community Relations Council of EANOR HOLMES NORTON for her incred- cost $19 billion. The U.S. taxpayer will pay Greater Washington ible leadership on behalf of the people half of that cost. Direct medical costs for The Jewish Council for Public Affairs of the District of Columbia. For years, firearm injuries range from $2.3 billion to $4 Jewish Women International she has been a passionate advocate for billion, and additional indirect costs, such as Jews United for Justice lost potential earnings, are estimated at Mennonite Central Committee Washington the cause of local governance here in $19.0 billion. Miller and Cohen, Textbook of Office the District. Penetrating Trauma, 1995; American Acad- National Advocacy Center of the Sisters of Again, I urge my colleagues to vote emy of Pediatrics, 2000; Journal of American the Good Shepard ‘‘no’’ on the Childers amendment and Medical Association, June 1995; Annals of In- National Alliance of Faith and Justice to vote ‘‘yes’’ for the sensible, bipar- ternal Medicine, 1998. National Council of Jewish Women tisan Holmes Norton bill, which would NA’AMAT USA ensure that the District comply with SEPTEMBER 8, 2008. North American Division of Seventh-day Adventists the Supreme Court’s ruling. House of Representatives, Before my colleagues vote, please ask Washington, DC. Presbyterian Church (USA) Washington Of- fice yourself one simple question: What if it DEAR REPRESENTATIVE: As groups inspired was your district we were talking by religious values and ethical principles, we Sisters of Mercy Institute Justice Team Sojourners urge you in the strongest terms to oppose about? What if it was your hometown Union for Reform Judaism H.R. 6691, introduced by Rep. TRAVIS whose rights were being trampled? All Unitarian Universalist Association of Con- I ask is that you give the people of D.C. CHILDERS (D–MS). This legislation claims to gregations restore Second Amendment rights in the Dis- United Church of Christ, Justice and Wit- the same respect that you would give trict of Columbia, but in actuality it pre- ness Ministries the people of your constituents. vents the 600,000 District of Columbia resi- United Methodist Church, General Board of This Childers amendment is far- dents from enacting comprehensive, con- Church and Society reaching. It eliminates the D.C. reg- stitutional commonsense regulations to re- United Synagogue of Conservative Judaism istration law. If the District of Colum- duce gun violence and ensure their commu- Women of Reform Judaism bia, Mr. Speaker, wants sensible gun nity’s safety. Women’s League of Conservative Judaism safety protections to protect its people, This legislation would go far beyond the Workmen’s Circle/Arbeter Ring changes needed to ensure that the District’s to protect its children, and at the same gun regulations comply with the Supreme SEPTEMBER 12, 2008. time comply with the second amend- Court’s recent decision in the case DC v Hell- DEAR MEMBER OF CONGRESS: We urge you ment, it should have the ability to do er. The bill would drastically erode several to support H.R. 6842, the National Capital Se- that.

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00048 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.001 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19232 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 September 16, 2008 Senator BARACK OBAMA, I think, said rity & Safety Act as amended. I commend my iting dignitaries, tourists, and local residents. it perfectly when he said, ‘‘The reality colleagues Delegate HOLMES-NORTON and Unfortunately, some see this bill as an oppor- of gun ownership may be different for Representative WAXMAN on the work they tunity to try to undo the Supreme Court’s deci- hunters in rural Ohio than they are for have done to ensure that the DC City Council sion, the effect of which would be to create a those plagued by gang violence in remains the leader in enacting the laws nec- ‘‘Criminal’s Firearm Bill of Rights.’’ Cleveland, but don’t tell me we can’t essary to comply with the Supreme Court’s Of greatest concern to me is that the pro- uphold the second amendment while decision in District of Columbia v. Heller. Un- posed amendment to this bill would allow D.C. keeping AK–47s out of the hands of fortunately, Mr. CHILDERS’ amendment ruins residents to cross State lines to purchase criminals.’’ I think that says it best. the intent of this legislation and has dire con- weapons, thereby weakening Federal anti-gun Mr. Speaker, I urge my colleagues to sequences for the Nation’s capital. trafficking laws and encouraging the mass pur- support the underlying bill by ELEANOR I don’t agree with the Supreme Court’s deci- chase of firearms outside of D.C. for resale to HOLMES NORTON. I urge my colleagues sion. Regardless, I do believe that the DC City criminals or terrorists in D.C. We in New Jer- to vote against the Childers amend- Council is in the best position to decide what sey have lived very comfortably under our ex- ment. I think it is wrong, I think it is regulations are appropriate for their commu- isting State gun safety laws—hunters, lobby- arrogant, and it does not belong on this nity. Congress has trampled on the District’s ists, police, private citizens—but legislative House floor. autonomy for long enough. The last thing DC interventions like the one proposed today un- Mr. DINGELL. Mr. Speaker, I rise today in needs is Congressional Members to repeat- dermine New Jersey’s ability to keep its citi- support of the rule that will allow us to debate edly and unnecessarily intervene in issues zens safe. I can assure you that we in New and vote on Congressman CHILDERS’ amend- specific to the District of Columbia. Jersey do not want guns illegally purchased in ment to H.R. 6842: legislation that will imple- Equally problematic and more disturbing are D.C. being used in our State, which is why I ment the Supreme Court’s historic Heller deci- the repercussions of Mr. CHILDERS’ amend- did not support the amended version of this sion, and restore and protect the Second ment. His amendment throws out the DC City bill approved by the House. Amendment rights of the residents of the Dis- Council’s emergency handgun regulations and Mrs. MALONEY of New York. Mr. Speaker, trict of Columbia. replaces them with so-called regulations that I rise in strong support of H.R. 6842, the Na- This legislation does four things: First, it in fact endanger their communities’ public tional Capital Security and Safety Act and in overturns existing DC laws banning semiauto- safety. His amendment allows for the stock- opposition of the Childers substitute. H.R. matic firearms, including the types of guns piling of semiautomatic assault weapons, fully 6842 is a commonsense bill that requires the most commonly used for self defense. Sec- loaded firearms in homes, and discourages District of Columbia to revise its gun laws in ond, it overturns DC laws requiring residents the passage of common-sense legislation ad- order to comply with the recent decision of the to keep their firearms locked and inoperable dressing safe storage requirements or age lim- Supreme Court in the case of District Colum- until the very moment they are attacked. Third, its for the possession of assault rifles. bia v. Heller within 6 months and does not vio- it gives DC residents the ability to purchase a The supporters of this amendment are not late Home Rule and the self governance of firearm in Virginia or Maryland, a necessity be- representing the people of DC, they are rep- the District of Columbia. cause there is only one federally licensed fire- resenting the gun lobby. The nationwide statis- Over 30 years ago, the District banned the arms dealer in Washington, DC, and he oper- tics on deaths caused by intentional and acci- ownership of handguns, making it among the ates without a facility that is open to the pub- dental gunfire are extreme to begin with, but stiffest bans in the Nation. Like many large lic. Fourth, this legislation removes the lengthy Washington DC is rated as the thirteenth most metropolitan areas, gun violence contributes to and burdensome registration procedures put in dangerous city in the country, where the homi- the high crime rates in the District, but the ban place by the DC Council. cide rate is almost double the national aver- has helped to reduce homicide rates. Instead What this legislation does not do is preclude age. Are the supporters of this amendment of working to increase the number of guns in the DC Council in any way from passing sen- representing the families in the District who the District, we should be helping to stem the sible firearms regulations that comply with the have lost their loved ones to gun violence? Or availability of these weapons and protecting Supreme Court’s decision in Heller. The DC the policemen and women who experience up District residents and visitors from the threat of Council will retain the authority to restrict fire- close the misuse of guns by both kids and violence. This Congress should not be dic- arms so long as those restrictions do not over- adults every day? No. Supporters of this tating to the District of Columbia the laws that ly burden the Second Amendment rights of amendment are only supporting the National govern them when their own elected delegate DC residents. Rifle Association. does not even have the right to vote on her It should also be noted that this legislation We’re not living in the 1700s, when govern- own bill or its substitute. does not in any way harm our efforts to stop mental police forces were nonexistent and The Childers substitute is dangerous. It both criminals or terrorists that pose a threat to DC state militias were a constant threat to central ignores the will of District residents and puts residents. Indeed, those criminals and terror- government. Supporters of Mr. CHILDERS’ more guns on the street of our Nation’s Cap- ists already have access to illegal firearms. amendment need to pull their heads out of the ital. The Childers substitute repeals a ban on This legislation will, however, give law abiding past and face the present: gun violence is an semi-automatic weapons and removes the ban residents of Washington, DC, with the oppor- ugly reality, and we’re not doing the people of on carrying these weapons in public, prohibits tunity to purchase a legal firearm from a feder- the District of Columbia any favors by consid- registration requirements for most guns, and ally licensed firearms dealer and keep it in ering legislation that will endanger lives under drops criminal penalties for possessing an un- their home or place of business in order to de- the disguise of protecting constitutional rights. registered firearm. fend themselves. The people who make up this country are enti- Mr. Speaker, Congress must not strip the I am happy to hear that the DC Council and tled to life, liberty, and the pursuit of happi- District of its power to regulate guns. We must the Mayor have proposed changes to DC’s ness, and they certainly can’t claim their right not be reckless when it comes to protecting gun laws that will begin to bring the District to the last two if they lose their lives. That’s the citizens of D.C., our highest elected offi- into compliance with the Supreme Court’s de- what guns do—they kill people. cials, and visitors to our Nation’s Capital. I cision. However, those efforts do not preclude I strongly urge my colleagues to stand with urge a vote in favor of the Norton bill and us from acting to pass Congressman me in opposing this bill. strongly urge a ‘‘no’’ vote on the Childers sub- CHILDERS’ amendment. Rather, the DC Coun- Mr. HOLT. Mr. Speaker, I regret that the stitute which severely puts the safety of the cil’s proposals will complement our efforts Congress is even debating this matter. As this District at risk. here today. summer’s Supreme Court decision in District The material previously referred to In short, I urge my colleagues to adopt this of Columbia v. Heller made clear, govern- by Mr. SESSIONS is as follows: rule today and to support Mr. CHILDERS’ ments have the right to enact gun safety laws AMENDMENT TO H. RES. 1434 OFFERED BY MR. amendment, which will for the first time in over consistent with the Court’s decision Heller. Un- SESSIONS OF TEXAS 30 years give the residents of Washington, regulated firearms in the capital would pre- At the end of the resolution, add the fol- DC, the rights afforded to them under the Sec- clude the ability of the Metropolitan Police De- lowing: ond Amendment. partment to track guns through registration SEC. 3. Immediately upon the adoption of Mr. STARK. Mr. Speaker, I rise today in ad- and otherwise to help ensure that guns do not this resolution the House shall, without amant opposition to the National Capital Secu- endanger Federal officials and employees, vis- intervention of any point of order, consider

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00049 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.001 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 19233 in the House the bill (H.R. 6566) to bring to order the previous question on such a rule [Roll No. 595] down energy prices by increasing safe, do- [a special rule reported from the Committee mestic production, encouraging the develop- on Rules] opens the resolution to amend- YEAS—238 ment of alternative and renewable energy, ment and further debate.’’ (Chapter 21, sec- Abercrombie Green, Al Ortiz and promoting conservation. All points of tion 21.2) Section 21.3 continues: Upon rejec- Ackerman Green, Gene Pallone order against the bill are waived. The bill tion of the motion for the previous question Allen Grijalva Pascrell Altmire Gutierrez Pastor shall be considered as read. The previous on a resolution reported from the Committee Andrews Hall (NY) Payne question shall be considered as ordered on on Rules, control shifts to the Member lead- Arcuri Hare Perlmutter the bill and any amendment thereto to final ing the opposition to the previous question, Baca Harman Peterson (MN) passage without intervening motion except: who may offer a proper amendment or mo- Baird Hastings (FL) Pomeroy (1) one hour of debate on the bill equally dition and who controls the time for debate Baldwin Heller Porter vided and controlled by the majority and mi- thereon.’’ Barrow Herseth Sandlin Price (NC) nority leader, and (2) an amendment in the Clearly, the vote on the previous question Bean Higgins Rahall Becerra Hill Ramstad nature of a substitute if offered by the Ma- on a rule does have substantive policy impli- Berkley Hinchey Rangel jority Leader or his designee, which shall be cations. It is one of the only available tools Berman Hinojosa Reichert considered as read and shall be separately for those who oppose the Democratic major- Berry Hirono Reyes debatable for 40 minutes equally divided and ity’s agenda and allows those with alter- Bishop (GA) Hodes Richardson controlled by the proponent and an oppo- native views the opportunity to offer an al- Bishop (NY) Holden Rodriguez nent; and (3) one motion to recommit with or ternative plan. Blumenauer Holt Ros-Lehtinen without instructions. Boren Honda Ross Mr. MCGOVERN. Mr. Speaker, I yield Boswell Hooley Rothman Boucher Hoyer Roybal-Allard (The information contained herein was back the balance of my time, and I move the previous question on the res- Boyd (FL) Inslee Ruppersberger provided by Democratic minority on mul- Boyda (KS) Israel Rush tiple occasions throughout the 109th Con- olution. Brady (PA) Jackson (IL) Ryan (OH) gress.) The SPEAKER pro tempore. The Braley (IA) Jefferson Salazar ´ THE VOTE ON THE PREVIOUS QUESTION: WHAT question is on ordering the previous Brown, Corrine Johnson (GA) Sanchez, Linda Butterfield Johnson, E. B. T. IT REALLY MEANS question. Capps Kagen Sanchez, Loretta This vole, the vote on whether to order the The question was taken; and the Capuano Kanjorski Sarbanes previous question on a special rule, is not Speaker pro tempore announced that Cardoza Kaptur Schakowsky merely a procedural vote. A vote against or- the ayes appeared to have it. Carnahan Kennedy Schiff Carney Kildee Schwartz dering the previous question is a vote Mr. SESSIONS. Mr. Speaker, on that against the Democratic majority agenda and Carson Kilpatrick Scott (GA) I demand the yeas and nays. Castor Kind Scott (VA) a vote to allow the opposition, at least for The yeas and nays were ordered. Chandler Klein (FL) Serrano the moment, to offer an alternative plan. It Childers Kucinich Sestak is a vote about what the House should be de- The SPEAKER pro tempore. Pursu- Clarke Langevin Shays bating. ant to clause 8 of rule XX, further pro- Clay Larsen (WA) Shea-Porter Mr. Clarence Cannon’s Precedents of the ceedings on this question will be post- Cleaver Larson (CT) Sherman House of Representatives, (VI, 308–311) de- poned. Clyburn Lee Shuler scribes the vote on the previous question on Cohen Levin Sires the rule as ‘‘a motion to direct or control the f Conyers Lewis (GA) Skelton Cooper Lipinski Slaughter consideration of the subject before the House b 1600 Costa LoBiondo Smith (NJ) being made by the Member in charge.’’ To Costello Loebsack Smith (WA) defeat the previous question is to give the ANNOUNCEMENT BY THE SPEAKER Courtney Lofgren, Zoe Snyder opposition a chance to decide the subject be- PRO TEMPORE Cramer Lowey Solis fore the House. Cannon cites the Speaker’s Crowley Lynch Space ruling of January 13, 1920, to the effect that The SPEAKER pro tempore. Pursu- Cuellar Mahoney (FL) Speier ‘‘the refusal of the House to sustain the de- ant to clause 8 of rule XX, proceedings Cummings Maloney (NY) Spratt will resume on questions previously Davis (AL) Markey Stark mand for the previous question passes the Davis (CA) Marshall Stupak control of the resolution to the opposition’’ postponed. Davis (IL) Matheson Sutton in order to offer an amendment. On March Votes will be taken in the following Davis, Lincoln Matsui Tanner 15, 1909, a member of the majority party of- order: ordering the previous question DeFazio McCarthy (NY) Tauscher fered a rule resolution. The House defeated on House Resolution 1433; adopting DeGette McCollum (MN) Taylor Delahunt McDermott Thompson (CA) the previous question and a member of the House Resolution 1433, if ordered; or- opposition rose to a parliamentary inquiry, DeLauro McGovern Thompson (MS) Dicks McIntyre Tierney asking who was entitled to recognition. dering the previous question on House Resolution 1434; adopting House Reso- Dingell McNerney Towns Speaker Joseph G. Cannon (R–Illinois) said: Doggett McNulty Tsongas ‘‘The previous question having been refused, lution 1434, if ordered. Donnelly Meek (FL) Udall (CO) the gentleman from New York, Mr. Fitz- The first electronic vote will be con- Doyle Meeks (NY) Udall (NM) gerald, who had asked the gentleman to ducted as a 15-minute vote. Remaining Edwards (MD) Melancon Van Hollen yield to him for an amendment, is entitled to electronic votes will be conducted as 5- Edwards (TX) Miller (NC) Vela´ zquez Ellison Miller, George Visclosky the first recognition.’’ minute votes. Because the vote today may look bad for Ellsworth Mitchell Walz (MN) f Emanuel Mollohan Wasserman the Democratic majority they will say ‘‘the Engel Moore (KS) Schultz vote on the previous question is simply a PROVIDING FOR CONSIDERATION Eshoo Moore (WI) Waters vote on whether to proceed to an immediate OF H.R. 6899, COMPREHENSIVE Etheridge Moran (VA) Watson vote on adopting the resolution . . . [and] Farr Murphy (CT) Watt has no substantive legislative or policy im- AMERICAN ENERGY SECURITY Fattah Murphy, Patrick Waxman plications whatsoever.’’ But that is not what AND CONSUMER PROTECTION Filner Murtha Weiner they have always said. Listen to the defini- ACT Foster Nadler Welch (VT) Frank (MA) Napolitano Wexler tion of the previous question used in the The SPEAKER pro tempore. The un- Giffords Neal (MA) Wilson (OH) Floor Procedures Manual published by the finished business is the vote on order- Gillibrand Oberstar Woolsey Rules Committee in the 109th Congress, Gonzalez Obey Wu (page 56). Here’s how the Rules Committee ing the previous question on House Gordon Olver Yarmuth described the rule using information from Resolution 1433, on which the yeas and Congressional Quarterly’s ‘‘American Con- nays were ordered. NAYS—185 gressional Dictionary’’: ‘‘If the previous The Clerk read the title of the resolu- Aderholt Bilirakis Brown (SC) question is defeated, control of debate shifts tion. Akin Bishop (UT) Brown-Waite, to the leading opposition member (usually Alexander Blackburn Ginny The SPEAKER pro tempore. The Bachmann Blunt Buchanan the minority Floor Manager) who then man- question is on ordering the previous ages an hour of debate and may offer a ger- Bachus Boehner Burgess Barrett (SC) Bonner Burton (IN) mane amendment to the pending business.’’ question. The vote was taken by electronic de- Bartlett (MD) Bono Mack Buyer Deschler’s Procedure in the U.S. House of Barton (TX) Boozman Calvert Representatives, the subchapter titled vice, and there were—yeas 238, nays Biggert Boustany Camp (MI) ‘‘Amending Special Rules’’ states: ‘‘a refusal 185, not voting 10, as follows: Bilbray Broun (GA) Campbell (CA)

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00050 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.001 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19234 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 September 16, 2008 Cannon Hunter Platts [Roll No. 596] Chabot Jordan Radanovich Cantor Inglis (SC) Poe Coble Keller Ramstad Capito Issa Price (GA) YEAS—229 Cole (OK) King (IA) Regula Carter Johnson (IL) Conaway King (NY) Pryce (OH) Abercrombie Gonzalez Neal (MA) Rehberg Castle Johnson, Sam Crenshaw Kingston Putnam Ackerman Gordon Oberstar Reichert Cazayoux Jones (NC) Culberson Kirk Radanovich Allen Green, Al Obey Renzi Chabot Jordan Davis (KY) Kline (MN) Regula Altmire Green, Gene Olver Reynolds Coble Keller Davis, David Knollenberg Rehberg Andrews Grijalva Ortiz Rogers (AL) Cole (OK) King (IA) Davis, Tom Renzi Arcuri Gutierrez Kuhl (NY) Rogers (KY) Conaway King (NY) Pallone Deal (GA) Reynolds Baca Hall (NY) LaHood Rogers (MI) Crenshaw Kingston Pascrell Dent Rogers (AL) Baird Hare Lamborn Rohrabacher Culberson Kirk Pastor Diaz-Balart, L. Rogers (KY) Baldwin Harman Latham Ros-Lehtinen Davis (KY) Kline (MN) Payne Diaz-Balart, M. Rogers (MI) Barrow Hastings (FL) LaTourette Roskam Davis, David Knollenberg Perlmutter Doolittle Rohrabacher Bean Herseth Sandlin Latta Royce Davis, Tom Kuhl (NY) Peterson (MN) Drake Roskam Becerra Higgins Lewis (CA) Ryan (WI) Deal (GA) LaHood Pomeroy Duncan Lewis (KY) Royce Berkley Hill Sali Dent Lamborn Price (NC) Emerson Linder Ryan (WI) Berman Hinchey Saxton Diaz-Balart, L. Latham Rahall English (PA) LoBiondo Sali Berry Hinojosa Scalise Diaz-Balart, M. LaTourette Rangel Everett Lucas Saxton Bishop (GA) Hirono Schmidt Doolittle Latta Reyes Fallin Lungren, Daniel Scalise Bishop (NY) Hodes Sensenbrenner Drake Lewis (CA) Richardson Feeney E. Schmidt Blumenauer Holden Sessions Duncan Lewis (KY) Rodriguez Ferguson Mack Boren Holt Shadegg Emerson Linder Sensenbrenner Ross Flake Boswell Honda Manzullo English (PA) Lucas Sessions Rothman Forbes Shays Boucher Hooley Marchant Everett Lungren, Daniel Shadegg Fortenberry Shimkus Boyd (FL) Hoyer Roybal-Allard McCarthy (CA) Fallin E. Shimkus Fossella Shuler Boyda (KS) Inslee Ruppersberger McCaul (TX) Feeney Mack Shuster Foxx Shuster Brady (PA) Israel Rush McCotter Ferguson Manzullo Simpson Franks (AZ) Simpson Braley (IA) Jackson (IL) Ryan (OH) McCrery Flake Marchant Smith (NE) Frelinghuysen Smith (NE) Brown, Corrine Jackson-Lee Salazar McHenry Forbes McCarthy (CA) Smith (TX) Gallegly Smith (NJ) Butterfield (TX) Sa´ nchez, Linda McHugh Fortenberry McCaul (TX) Souder Garrett (NJ) Smith (TX) Capps Jefferson T. McKeon Fossella McCotter Stearns Gerlach Souder Capuano Johnson (GA) Sanchez, Loretta McMorris Foxx McCrery Sullivan Gilchrest Stearns Cardoza Johnson, E. B. Sarbanes Rodgers Franks (AZ) McHenry Tancredo Gingrey Sullivan Carnahan Kagen Schakowsky Mica Frelinghuysen McHugh Terry Gohmert Tancredo Carney Kanjorski Schiff Michaud Gallegly McKeon Thornberry Goode Taylor Carson Kaptur Schwartz Miller (FL) Garrett (NJ) McMorris Tiahrt Goodlatte Terry Castor Kennedy Scott (GA) Miller (MI) Gerlach Rodgers Tiberi Granger Thornberry Chandler Kildee Scott (VA) Miller, Gary Gilchrest Mica Turner Graves Tiberi Childers Kilpatrick Serrano Moran (KS) Gingrey Michaud Upton Hall (TX) Turner Clarke Kind Sestak Murphy, Tim Gohmert Miller (FL) Walden (OR) Hastings (WA) Musgrave Upton Clay Klein (FL) Shea-Porter Goode Miller (MI) Walsh (NY) Hayes Myrick Walden (OR) Cleaver Kucinich Sherman Goodlatte Miller, Gary Wamp Heller Nunes Walsh (NY) Clyburn Langevin Sires Granger Moran (KS) Weldon (FL) Hensarling Pearce Wamp Cohen Larsen (WA) Skelton Graves Murphy, Tim Weller Herger Pence Weldon (FL) Conyers Larson (CT) Slaughter Hall (TX) Musgrave Westmoreland Hobson Weller Cooper Lee Peterson (PA) Hastings (WA) Myrick Whitfield (KY) Smith (WA) Hoekstra Westmoreland Costa Levin Petri Hayes Nunes Wilson (NM) Snyder Hulshof Whitfield (KY) Costello Lewis (GA) Pickering Hensarling Pearce Wilson (SC) Solis Hunter Wilson (NM) Courtney Lipinski Platts Herger Pence Wittman (VA) Space Inglis (SC) Wilson (SC) Cramer Loebsack Poe Hobson Peterson (PA) Wolf Speier Issa Wittman (VA) Crowley Lofgren, Zoe Porter Hoekstra Petri Young (AK) Spratt Johnson (IL) Wolf Cuellar Lowey Price (GA) Hulshof Pickering Young (FL) Stark Johnson, Sam Young (AK) Cummings Lynch Pryce (OH) Stupak Jones (NC) Young (FL) Davis (AL) Mahoney (FL) Putnam NOT VOTING—10 Sutton Davis (CA) Maloney (NY) Tanner NOT VOTING—10 Davis (IL) Markey Brady (TX) Jackson-Lee Paul Tauscher Davis, Lincoln Marshall Brady (TX) Lampson Tiahrt Cubin (TX) Pitts Thompson (CA) DeFazio Matheson Cubin Neugebauer Walberg Dreier Lampson Walberg Thompson (MS) Ehlers Neugebauer DeGette Matsui Dreier Paul Tierney Delahunt McCarthy (NY) Ehlers Pitts Towns DeLauro McCollum (MN) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE b 1626 Dicks McDermott Tsongas Dingell McGovern Udall (CO) The SPEAKER pro tempore (during Messrs. KINGSTON and CAZAYOUX Doggett McIntyre Udall (NM) the vote). There are 2 minutes left on Van Hollen changed their vote from ‘‘yea’’ to Donnelly McNerney this vote. Doyle McNulty Vela´ zquez ‘‘nay.’’ Edwards (MD) Meek (FL) Visclosky Walz (MN) b 1638 Mr. RAMSTAD, Mrs. MCCARTHY of Edwards (TX) Meeks (NY) Ellison Melancon Wasserman So the resolution was agreed to. New York and Mr. STARK changed Ellsworth Miller (NC) Schultz their vote from ‘‘nay’’ to ‘‘yea.’’ Emanuel Miller, George Waters The result of the vote was announced Watson as above recorded. So the previous question was ordered. Engel Mitchell Eshoo Mollohan Watt A motion to reconsider was laid on The result of the vote was announced Etheridge Moore (KS) Waxman the table. as above recorded. Farr Moore (WI) Weiner Fattah Moran (VA) Welch (VT) f The SPEAKER pro tempore. The Filner Murphy (CT) Wexler question is on the resolution. Foster Murphy, Patrick Wilson (OH) PROVIDING FOR CONSIDERATION Frank (MA) Murtha Woolsey The question was taken; and the Giffords Nadler Wu OF H.R. 6842, NATIONAL CAPITAL Speaker pro tempore announced that Gillibrand Napolitano Yarmuth SECURITY AND SAFETY ACT the ayes appeared to have it. NAYS—194 The SPEAKER pro tempore. The un- finished business is the vote on order- Mr. HASTINGS of Washington. Mr. Aderholt Blackburn Burgess Speaker, on that I demand the yeas Akin Blunt Burton (IN) ing the previous question on House and nays. Alexander Boehner Buyer Resolution 1434, on which the yeas and Bachmann Bonner Calvert The yeas and nays were ordered. nays were ordered. Bachus Bono Mack Camp (MI) The Clerk read the title of the resolu- The SPEAKER pro tempore. This Barrett (SC) Boozman Campbell (CA) Bartlett (MD) Boustany Cannon tion. will be a 5-minute vote. Barton (TX) Broun (GA) Cantor The SPEAKER pro tempore. The The vote was taken by electronic de- Biggert Brown (SC) Capito question is on ordering the previous Bilbray Brown-Waite, Carter vice, and there were—yeas 229, nays Bilirakis Ginny Castle question. 194, not voting 10, as follows: Bishop (UT) Buchanan Cazayoux This will be a 5-minute vote.

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00051 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.001 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 19235 The vote was taken by electronic de- Blackburn Granger Pence amend the Elementary and Secondary Blunt Graves Peterson (PA) vice, and there were—yeas 241, nays Boehner Hall (TX) Petri Education Act of 1965 regarding envi- 183, not voting 9, as follows: Bonner Hastings (WA) Pickering ronmental education, and for other [Roll No. 597] Bono Mack Hayes Platts purposes, which was referred to the Boozman Hensarling Poe House Calendar and ordered to be YEAS—241 Boustany Herger Price (GA) Broun (GA) Hobson Pryce (OH) printed. Abercrombie Gordon Obey Brown (SC) Hoekstra Putnam f Ackerman Green, Al Olver Brown-Waite, Hulshof Radanovich Allen Green, Gene Ortiz Ginny Hunter Regula COMPREHENSIVE AMERICAN EN- Altmire Grijalva Pallone Buchanan Inglis (SC) Rehberg ERGY SECURITY AND CONSUMER Andrews Gutierrez Pascrell Burgess Issa Renzi Arcuri Hall (NY) Pastor Burton (IN) Johnson (IL) Reynolds PROTECTION ACT Baca Hare Payne Buyer Johnson, Sam Rogers (AL) Mr. RAHALL. Mr. Speaker, pursuant Baird Harman Perlmutter Calvert Jones (NC) Rogers (KY) to House Resolution 1433, I call up the Baldwin Hastings (FL) Peterson (MN) Camp (MI) Jordan Rogers (MI) Barrow Heller Pomeroy Campbell (CA) Keller Rohrabacher bill (H.R. 6899) to advance the national Bean Herseth Sandlin Porter Cannon King (IA) Roskam security interests of the United States Becerra Higgins Price (NC) Cantor King (NY) Royce by reducing its dependency on oil Berkley Hill Rahall Capito Kingston Ryan (WI) Berman Hinchey Ramstad Carter Kirk Sali through renewable and clean, alter- Berry Hinojosa Rangel Chabot Kline (MN) Sanchez, Loretta native fuel technologies while building Hirono Bishop (GA) Reichert Coble Knollenberg Saxton Bishop (NY) Hodes a bridge to the future through ex- Reyes Cole (OK) Kuhl (NY) Scalise Blumenauer Holden panded access to Federal oil and nat- Richardson Conaway LaHood Schmidt Boren Holt Rodriguez Crenshaw Lamborn Sensenbrenner ural gas resources, revising the rela- Boswell Honda Ros-Lehtinen Culberson Latham Sessions tionship between the oil and gas indus- Boucher Hooley Ross Davis (KY) LaTourette Shadegg Boyd (FL) Hoyer try and the consumers who own those Rothman Davis, David Latta Shimkus Boyda (KS) Inslee Davis, Tom Lewis (CA) Shuster resources and deserve a fair return Brady (PA) Israel Roybal-Allard Ruppersberger Deal (GA) Lewis (KY) Simpson from the development of publicly Braley (IA) Jackson (IL) Dent Linder Smith (NE) Brown, Corrine Jackson-Lee Rush owned oil and gas, ending tax subsidies Ryan (OH) Diaz-Balart, L. Lucas Smith (TX) for large oil and gas companies, and fa- Butterfield (TX) Diaz-Balart, M. Lungren, Daniel Souder Capps Jefferson Salazar cilitating energy efficiencies in the Sa´ nchez, Linda Doolittle E. Stark Capuano Johnson (GA) Drake Mack Stearns building, housing, and transportation Cardoza Johnson, E. B. T. Sarbanes Duncan Manzullo Sullivan sectors, and for other purposes, and ask Carnahan Kagen Emerson Marchant Tancredo Schakowsky Carney Kanjorski English (PA) McCarthy (CA) Terry for its immediate consideration. Schiff Carson Kaptur Everett McCaul (TX) Thornberry The Clerk read the title of the bill. Schwartz Castle Kennedy Fallin McCotter Tiahrt Scott (GA) The text of the bill is as follows: Castor Kildee Feeney McCrery Tiberi Scott (VA) H.R. 6899 Cazayoux Kilpatrick Ferguson McHenry Turner Chandler Kind Serrano Flake McHugh Upton Be it enacted by the Senate and House of Rep- Childers Klein (FL) Sestak Forbes McKeon Walden (OR) resentatives of the United States of America in Clarke Kucinich Shays Fortenberry McMorris Walsh (NY) Congress assembled, Clay Langevin Shea-Porter Fossella Rodgers Wamp SECTION 1. SHORT TITLE. Cleaver Larsen (WA) Sherman Foxx Mica Weldon (FL) Clyburn Larson (CT) Shuler Franks (AZ) Miller (FL) Weller This Act may be cited as the ‘‘Comprehen- Cohen Lee Sires Frelinghuysen Miller (MI) Westmoreland sive American Energy Security and Con- Conyers Levin Skelton Gallegly Miller, Gary Whitfield (KY) sumer Protection Act’’. Cooper Lewis (GA) Slaughter Garrett (NJ) Moran (KS) Wilson (NM) SEC. 2. TABLE OF CONTENTS. Costa Lipinski Smith (NJ) Gilchrest Murphy, Tim Wilson (SC) The table of contents for this Act is as fol- Costello LoBiondo Smith (WA) Gingrey Musgrave Wittman (VA) Courtney Loebsack Snyder Gohmert Myrick Wolf lows: Cramer Lofgren, Zoe Solis Goode Nunes Young (AK) Sec. 1. Short title. Crowley Lowey Space Goodlatte Pearce Young (FL) Sec. 2. Table of contents. Cuellar Lynch Speier TITLE I—FEDERAL OIL AND GAS Cummings Mahoney (FL) Spratt NOT VOTING—9 Davis (AL) Maloney (NY) LEASING Stupak Brady (TX) Ehlers Paul Davis (CA) Markey Sutton Cubin Lampson Pitts Subtitle A—Outer Continental Shelf Oil and Davis (IL) Marshall Tanner Dreier Neugebauer Walberg Gas Leasing Davis, Lincoln Matheson Tauscher DeFazio Matsui Sec. 101. Prohibition on leasing. Taylor ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE DeGette McCarthy (NY) Sec. 102. Opening of certain areas to oil and Thompson (CA) Delahunt McCollum (MN) The SPEAKER pro tempore (during gas leasing. Thompson (MS) DeLauro McDermott the vote). Members are advised 2 min- Sec. 103. Coastal State roles and responsibil- Dicks McGovern Tierney Towns utes remain in this vote. ities. Dingell McIntyre Sec. 104. Protection of the environment and Doggett McNerney Tsongas b 1647 Donnelly McNulty Udall (CO) conservation of the natural re- Doyle Meek (FL) Udall (NM) So the previous question was ordered. sources of the Outer Conti- Edwards (MD) Meeks (NY) Van Hollen The result of the vote was announced nental Shelf. Vela´ zquez Edwards (TX) Melancon as above recorded. Sec. 105. Limitations. Ellison Michaud Visclosky Sec. 106. Prohibition on leasing in certain Ellsworth Miller (NC) Walz (MN) The SPEAKER pro tempore. The Federal protected areas. Emanuel Miller, George Wasserman question is on the resolution. Sec. 107. No effect on applicable law. Schultz Engel Mitchell The resolution was agreed to. Sec. 108. Buy American requirements. Eshoo Mollohan Waters Etheridge Moore (KS) Watson A motion to reconsider was laid on Sec. 109. Small, woman-owned, and minor- Farr Moore (WI) Watt the table. ity-owned businesses. Fattah Moran (VA) Waxman Sec. 110. Definitions. f Filner Murphy (CT) Weiner Subtitle B—Diligent Development of Federal Foster Murphy, Patrick Welch (VT) Oil and Gas Leases Frank (MA) Murtha Wexler REPORT ON RESOLUTION PRO- Gerlach Nadler Wilson (OH) VIDING FOR CONSIDERATION OF Sec. 121. Clarification. Giffords Napolitano Woolsey H.R. 3036, NO CHILD LEFT INSIDE Sec. 122. Covered provisions. Gillibrand Neal (MA) Wu ACT OF 2008 Sec. 123. Regulations. Gonzalez Oberstar Yarmuth Sec. 124. Resource estimates and leasing Mr. HASTINGS of Florida, from the program management indica- NAYS—183 Committee on Rules, submitted a priv- tors. Aderholt Bachus Biggert ileged report (Rept. No. 110–854) on the Subtitle C—Royalties Under Offshore Oil and Akin Barrett (SC) Bilbray Alexander Bartlett (MD) Bilirakis resolution (H. Res. 1441) providing for Gas Leases Bachmann Barton (TX) Bishop (UT) consideration of the bill (H.R. 3036) to Sec. 131. Short title.

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00052 Fmt 0688 Sfmt 0655 E:\BR08\H16SE8.001 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19236 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 September 16, 2008 Sec. 132. Price thresholds for royalty sus- Sec. 605. Energy efficiency and conservation Sec. 813. Temporary increase in coal excise pension provisions. demonstration program for tax. Sec. 133. Clarification of authority to im- multifamily housing projects Sec. 814. Special rules for refund of the coal pose price thresholds for cer- assisted with project-based excise tax to certain coal pro- tain lease sales. rental assistance. ducers and exporters. Sec. 134. Eligibility for new leases and the Sec. 606. Additional credit for Fannie Mae Sec. 815. Carbon audit of the tax code. transfer of leases; conservation and Freddie Mac housing goals Subtitle B—Transportation and Domestic of resources fees. for energy efficient mortgages. Fuel Security Provisions Sec. 135. Strategic Energy Efficiency and Sec. 607. Duty to serve underserved markets Sec. 821. Inclusion of cellulosic biofuel in Renewables Reserve. for energy-efficient and loca- bonus depreciation for biomass tion-efficient mortgages. Subtitle D—Accountability and Integrity in ethanol plant property. Sec. 608. Consideration of energy efficiency the Federal Energy Program Sec. 822. Credits for biodiesel and renewable under FHA mortgage insurance Sec. 141. Royalty in-kind. diesel. programs and Native American Sec. 142. Fair return on production of Fed- Sec. 823. Clarification that credits for fuel and Native Hawaiian loan guar- eral oil and gas resources. are designed to provide an in- antee programs. Sec. 143. Royalty-in-kind ethics. centive for United States pro- Sec. 609. Energy efficient mortgages edu- Sec. 144. Prohibition on certain gifts. duction. cation and outreach campaign. Sec. 145. Strengthening the ability of the In- Sec. 610. Collection of information on en- Sec. 824. Credit for new qualified plug-in terior Department Inspector ergy-efficient and location effi- electric drive motor vehicles. General to secure cooperation. cient mortgages through Home Sec. 825. Exclusion from heavy truck tax for Subtitle E—Federal Oil and Gas Royalty Mortgage Disclosure Act. idling reduction units and ad- Reform Sec. 611. Ensuring availability of home- vanced insulation. Sec. 826. Restructuring of New York Liberty Sec. 151. Amendments to definitions. owners insurance for homes not Zone tax credits. Sec. 152. Interest. connected to electricity grid. Sec. 827. Transportation fringe benefit to bi- Sec. 153. Obligation period. Sec. 612. Mortgage incentives for energy-ef- cycle commuters. Sec. 154. Tolling agreements and subpoenas. ficient multifamily housing. Sec. 828. Alternative fuel vehicle refueling Sec. 155. Liability for royalty payments. Sec. 613. Energy efficiency certifications for housing with mortgages insured property credit. Subtitle F—National Petroleum Reserve in Sec. 829. Energy security bonds. Alaska by FHA. Sec. 614. Assisted housing energy loan pilot Sec. 830. Certain income and gains relating Sec. 161. Short title. program. to alcohol fuels and mixtures, Sec. 162. Acceleration of lease sales for Na- Sec. 615. Residential energy efficiency block biodiesel fuels and mixtures, tional Petroleum Reserve in grant program. and alternative fuels and mix- Alaska. Sec. 616. Including sustainable development tures treated as qualifying in- Sec. 163. National Petroleum Reserve in in comprehensive housing af- come for publicly traded part- Alaska: pipeline construction. fordability strategies. nerships. Sec. 164. Alaska natural gas pipeline project Sec. 617. Grant program to increase sustain- Subtitle C—Energy Conservation and facilitation. able low-income community de- Efficiency Provisions Sec. 165. Project labor agreements and other velopment capacity. Sec. 841. Qualified energy conservation pipeline requirements. Sec. 618. Utilization of energy performance Sec. 166. Ban on export of Alaskan oil. bonds. contracts in HOPE VI. Sec. 842. Credit for nonbusiness energy prop- Subtitle G—Oil Shale Sec. 619. HOPE VI green developments re- erty. Sec. 171. Oil shale leasing. quirement. Sec. 843. Energy efficient commercial build- Sec. 620. Consideration of energy-efficiency TITLE II—CONSUMER ENERGY SUPPLY ings deduction. improvements in appraisals. Sec. 201. Short title. Sec. 844. Modifications of energy efficient Sec. 621. Assistance for Housing Assistance appliance credit for appliances Sec. 202. Definitions. Council. Sec. 203. Sale and replacement of oil from produced after 2007. Sec. 622. Rural housing and economic devel- Sec. 845. Accelerated recovery period for de- the Strategic Petroleum Re- opment assistance. serve. preciation of smart meters and Sec. 623. Loans to States and Indian tribes smart grid systems. TITLE III—PUBLIC TRANSPORTATION to carry out renewable energy Sec. 846. Qualified green building and sus- Sec. 301. Short title. sources activities. tainable design projects. Sec. 624. Green banking centers. Sec. 302. Findings. Subtitle D—Revenue Provisions Sec. 303. Grants to improve public transpor- Sec. 625. Public housing energy cost report. tation services. TITLE VII—MISCELLANEOUS Sec. 851. Limitation of deduction for income Sec. 304. Increased Federal share for Clean PROVISIONS attributable to domestic production of oil, gas, or primary Air Act compliance. Sec. 701. Alternative fuel pumps. Sec. 305. Transportation fringe benefits. Sec. 702. National Energy Center of Excel- products thereof. Sec. 306. Capital cost of contracting vanpool lence. Sec. 852. Clarification of determination of pilot program. Sec. 703. Sense of Congress regarding renew- foreign oil and gas extraction Sec. 307. National consumer awareness pro- able biomass. income. Sec. 853. Time for payment of corporate esti- gram. TITLE VIII—ENERGY TAX INCENTIVES Sec. 308. Exception to alternative fuel pro- mated taxes. Sec. 800. Short title, etc. curement requirement. TITLE I—FEDERAL OIL AND GAS LEASING Subtitle A—Energy Production Incentives TITLE IV—GREATER ENERGY Subtitle A—Outer Continental Shelf Oil and EFFICIENCY IN BUILDING CODES PART 1—RENEWABLE ENERGY INCENTIVES Gas Leasing Sec. 401. Greater energy efficiency in build- Sec. 801. Renewable energy credit. SEC. 101. PROHIBITION ON LEASING. ing codes. Sec. 802. Production credit for electricity (a) PROHIBITION.—The Outer Continental produced from marine renew- Shelf Lands Act (43 U.S.C. 1331 et seq.) not- TITLE V—FEDERAL RENEWABLE ables. ELECTRICITY STANDARD withstanding, the Secretary shall not take Sec. 803. Energy credit. nor authorize any action related to oil and Sec. 501. Federal renewable electricity Sec. 804. Credit for residential energy effi- gas preleasing or leasing of any area of the standard. cient property. Outer Continental Shelf that was not avail- TITLE VI—GREEN RESOURCES FOR Sec. 805. Special rule to implement FERC able for oil and gas leasing as of July 1, 2008, ENERGY EFFICIENT NEIGHBORHOODS and State electric restructuring unless that action is expressly authorized by Sec. 601. Short title and table of contents. policy. this subtitle or a statute enacted by Con- Sec. 806. New clean renewable energy bonds. Sec. 602. Definitions. gress after the date of enactment of this Act. Sec. 603. Implementation of energy effi- PART 2—CARBON MITIGATION PROVISIONS (b) TREATMENT OF AREAS IN GULF OF MEX- ciency participation incentives Sec. 811. Expansion and modification of ad- ICO.—For purposes of this subtitle, such ac- for HUD programs. vanced coal project investment tion with respect to an area referred to in Sec. 604. Minimum HUD energy efficiency credit. section 104(a) of the Gulf of Mexico Energy standards and standards for ad- Sec. 812. Expansion and modification of coal Security Act of 2006 (title I of division C of ditional credit. gasification investment credit. Public Law 109–432; 42 U.S.C. 1331 note) taken

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00053 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.001 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 19237 or authorized after the period referred to in (2) shall review all Federal regulations have extraordinary ability in the sciences, that section shall be treated as authorized that are otherwise applicable to activities arts, education, or business, which has been by this subtitle, and such leasing of such authorized by this subtitle to ensure envi- demonstrated by sustained national or inter- area shall be treated as authorized under sec- ronmentally sound oil and gas operations on national acclaim, and that’’. tion 102(a). the Outer Continental Shelf. SEC. 109. SMALL, WOMAN-OWNED, AND MINOR- SEC. 102. OPENING OF CERTAIN AREAS TO OIL SEC. 105. LIMITATIONS. ITY-OWNED BUSINESSES. AND GAS LEASING. (a) COMPLIANCE WITH MEMORANDUM.—Any Section 8 of the Outer Continental Shelf (a) LEASING AUTHORIZED.—The Secretary oil and gas leasing of areas of the Outer Con- Lands Act (43 U.S.C. 1337) is amended by add- may offer for oil and gas leasing, preleasing, tinental Shelf shall be conducted in according at the end the following: or other related activities, in accordance ance with the document entitled ‘‘Memo- ‘‘(q) OPPORTUNITIES FOR LEASING.—The with this section and the Outer Continental randum of Agreement between the Depart- Secretary shall establish goals to ensure Shelf Lands Act (43 U.S.C. 1331 et seq.) and ment of Defense and the Department of the equal opportunity to bid on offshore leases subject to subsection (b) of this section, sec- Interior on Mutual Concerns On The Outer for qualified small, women-owned, and mi- tion 103 of this Act, and section 307 of the Continental Shelf’’ and dated July 2, 1983, nority-owned exploration and production Coastal Zone Management Act of 1972 (16 and such revisions thereto as may be agreed companies and may implement, where appro- U.S.C. 1456), any area— to by the Secretary of Defense and the Sec- priate, outreach programs for qualified his- (1) that is in any Outer Continental Shelf retary of the Interior; except that no such torically underutilized exploration and pro- Planning Area in the Atlantic Ocean or Pa- revisions may be made prior to January 21, duction companies to participate in the bid- cific Ocean that is located farther than 50 2009. ding process for offshore leases.’’. miles from the coastline; and (b) NATIONAL SECURITY.—Notwithstanding SEC. 110. DEFINITIONS. (2) that was not otherwise available for oil subsection (a), the United States reserves and gas leasing, preleasing, and other related the right to designate by and through the In this subtitle: activities as of July 1, 2008. Secretary of Defense, with the approval of (1) ADJACENT STATE.—The term ‘‘adjacent (b) INCLUSION IN LEASING PROGRAM RE- the President, national defense areas on the State’’ means, with respect to any program, QUIRED.—An area may be offered for lease Outer Continental Shelf pursuant to section plan, lease sale, leased tract, or other activ- under this section only if it has been in- 12(d) of the Outer Continental Shelf Lands ity, proposed, conducted, or approved in ac- cluded in an Outer Continental Shelf leasing Act (43 U.S.C. 1341(d)). cordance with the Outer Continental Shelf program approved by the Secretary in ac- SEC. 106. PROHIBITION ON LEASING IN CERTAIN Lands Act (43U.S.C. 1331 et seq.), the State, cordance with section 18 of the Outer Conti- FEDERAL PROTECTED AREAS. the laws of which are declared pursuant to nental Shelf Lands Act (43 U.S.C. 1344). (a) IN GENERAL.—Notwithstanding any section 4(a)(2) of the Outer Continental Shelf (c) REQUIREMENT TO CONDUCT LEASE other provision of this or any other Federal Lands Act (43 U.S.C.1333(a)(2)) to be the law SALES.—As soon as practicable, consistent law, no lease or other authorization may be of the United States for the portion of the with subsection (b) and section 103(a), but issued by the Federal Government that au- Outer Continental Shelf on which the pro- not later than 3 years after the date of enact- thorizes exploration, development, or program, plan, lease sale, leased tract, or activ- ment of this Act, and as appropriate there- duction of oil or natural gas in— ity is, or is proposed to be, conducted. after, the Secretary shall conduct oil and gas (1) any marine national monument or na- (2) COASTAL ENVIRONMENT.—The term lease sales under the Outer Continental Shelf tional marine sanctuary; or ‘‘coastal environment’’ has the meaning lands Act (43 U.S.C. 1331 et seq.) for areas (2) the fishing grounds known as Georges given that term in the Outer Continental that are made available for leasing by this Bank in the waters of the United States, Shelf Lands Act (43 U.S.C. 1331 et seq.). section. which is one of the largest and historically (3) COASTAL ZONE.—The term ‘‘coastal zone’’ has the meaning given that term in SEC. 103. COASTAL STATE ROLES AND RESPON- important fishing grounds of the United SIBILITIES. States. the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.). (a) STATE APPROVAL OF CERTAIN LEASING (b) IDENTIFICATION OF COORDINATES OF (4) COASTLINE.—The term ‘‘coastline’’ has REQUIRED.—The Secretary may not conduct GEORGES BANK.—The Secretary of Com- any oil and gas leasing or preleasing activity merce, after publication of public notice and the meaning given the term ‘‘coast line’’ in any area made available for oil and gas an opportunity for public comment, shall under section 2 of the Submerged Lands Act leasing by section 102(a) that is located with- identify the specific coordinates that delin- (43 U.S.C. 1301). in 100 miles from the coastline and within eate Georges Bank in the waters of the (5) HUMAN ENVIRONMENT.—The term the seaward lateral boundaries of an adja- United States for purposes of subsection (a). ‘‘human environment’’ has the meaning cent State, unless the adjacent State has en- SEC. 107. NO EFFECT ON APPLICABLE LAW. given that term in the Outer Continental acted a law approving of the issuance of such Except as otherwise specifically provided Shelf Lands Act (43 U.S.C. 1331 et seq.). leasing by the Secretary. in this subtitle, nothing in this subtitle (6) MARINE ENVIRONMENT.—The term ‘‘marine environment’’ has the meaning given (b) CONSULTATION WITH ADJACENT AND waives or modifies any applicable environ- that term in the Outer Continental Shelf NEIGHBORING STATES.— mental or other law. Lands Act (43 U.S.C. 1331 et seq.). (1) IN GENERAL.—In addition to the con- SEC. 108. BUY AMERICAN REQUIREMENTS. sultation provided for under section 19 of the (a) IN GENERAL.—It is the intent of Con- (7) OUTER CONTINENTAL SHELF.—The term Outer Continental Shelf Lands Act (43 U.S.C. gress that this Act, among other things, re- ‘‘Outer Continental Shelf’’ has the meaning 1345), the Governor of a State that has a sult in a healthy and growing American in- given the term ‘‘outer Continental Shelf’’ coastline within 100 miles of an area of the dustrial, manufacturing, transportation, and under section 2 of the Outer Continental Outer Continental Shelf being considered for service sector employing the vast talents of Shelf Lands Act (43 U.S.C. 1331). oil and gas leasing and made available for America’s workforce to assist in the develop- (8) SEAWARD LATERAL BOUNDARY.—The such leasing by section 102(a) may submit ment of energy from domestic sources. More- term ‘‘seaward lateral boundary’’ means a recommendations to the Secretary with re- over, the Congress intends to monitor the de- boundary drawn by the Minerals Manage- spect to— ployment of personnel and material onshore ment Service in the Federal Register notice (A) the size, timing, or location of a pro- and offshore to encourage the development of January 3, 2006 (vol 71, no. 1). posed lease sale; or of American technology and manufacturing (9) SECRETARY.—The term ‘‘Secretary’’ (B) a proposed development and production to enable United States workers to benefit means the Secretary of the Interior. plan. from this Act by good jobs and careers, as Subtitle B—Diligent Development of Federal (2) REQUIREMENTS.—Subsections (b), (c), well as the establishment of important in- Oil and Gas Leases and (d) of section 19 of the Outer Continental dustrial facilities to support expanded access SEC. 121. CLARIFICATION. Shelf Lands Act (43 U.S.C. 1345) shall apply to American resources. The lands subject to each lease that au- to the recommendations provided for in (b) SAFEGUARD FOR EXTRAORDINARY ABIL- thorizes the exploration for or development paragraph (1). ITY.—Section 30(a) of the Outer Continental or production of oil or natural gas that is SEC. 104. PROTECTION OF THE ENVIRONMENT Shelf Lands Act (43 U.S.C. 1356(a)) is amended in the matter preceding paragraph (1) by issued under a provision of law described in AND CONSERVATION OF THE NAT- section 122 shall be diligently developed for URAL RESOURCES OF THE OUTER striking ‘‘regulations which’’ and inserting CONTINENTAL SHELF. ‘‘regulations that shall be supplemental and such production by the person holding the The Secretary— complimentary with and under no cir- lease in order to ensure timely production (1) shall ensure that any activity under cumstances a substitution for the provisions from the lease. this subtitle is carried out in a manner that of the Constitution and laws of the United SEC. 122. COVERED PROVISIONS. provides for the protection of the coastal en- States extended to the subsoil and seabed of The provisions referred to in section 121 vironment, marine environment, and human the outer Continental Shelf pursuant to sec- are the following: environment of State coastal zones and the tion 4 of this Act, except insofar as such laws (1) Section 17 of the Mineral Leasing Act Outer Continental Shelf; and would otherwise apply to individuals who (30 U.S.C. 226).

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00054 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.001 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19238 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 September 16, 2008 (2) Section 107 of the Naval Petroleum Re- and Minerals Management Service field of- entity (including a subsidiary or affiliate of serves Production Act of 1976 (42 U.S.C. fice. the lessee) after the date of enactment of 6506a). (b) COVERED PROVISIONS.—Subsection (a) this Act; or (3) The Outer Continental Shelf Lands Act shall apply with respect to leases and land (B) any other person or entity who has any (43 11 U.S.C. 1331 et seq.). eligible for leasing pursuant to— direct or indirect interest in, or who derives (4) The Mineral Leasing Act for Acquired (1) section 17 of the Mineral Leasing Act any benefit from, a covered lease; Lands (30 U.S.C. 351 et seq.). (30 U.S.C. 226); (3) MULTIPLE LESSEES.— SEC. 123. REGULATIONS. (2) the Mineral Leasing Act for Acquired (A) IN GENERAL.—For purposes of para- The Secretary shall issue regulations with- Lands (30 U.S.C. 351 et seq.); graph (1), if there are multiple lessees that in 180 days after the date of enactment of (3) section 107 of the Naval Petroleum Re- own a share of a covered lease, the Secretary this Act that establish what constitutes dili- serves Production Act of 1976 (42 U.S.C. may implement separate agreements with gently developing for purposes of this sub- 6506a); or any lessee with a share of the covered lease title. (4) the Outer Continental Shelf Lands Act that modifies the payment responsibilities SEC. 124. RESOURCE ESTIMATES AND LEASING (43 U.S.C. 1331 et seq.). with respect to the share of the lessee to in- PROGRAM MANAGEMENT INDICA- Subtitle C—Royalties Under Offshore Oil and clude price thresholds that are equal to or TORS. Gas Leases less than the price thresholds described in (a) IN GENERAL.—The Secretary of the In- SEC. 131. SHORT TITLE. clauses (v) through (vii) of section 8(a)(3)(C) terior shall annually collect and report to This subtitle may be cited as the ‘‘Royalty of the Outer Continental Shelf Lands Act (43 Congress— Relief for American Consumers Act of 2008’’. U.S.C. 1337(a)(3)(C)). (1) the number of leases and the number of (B) TREATMENT OF SHARE AS COVERED SEC. 132. PRICE THRESHOLDS FOR ROYALTY SUS- acres of land under Federal onshore oil and PENSION PROVISIONS. LEASE.—Beginning on the effective date of an gas lease, per State and per year the lease The Secretary of the Interior shall agree to agreement under subparagraph (A), any was issued— a request by any lessee to amend any oil and share subject to the agreement shall not con- (A) on which seismic exploration activity gas lease issued for any Gulf of Mexico tract stitute a covered lease with respect to any is occurring or has occurred; during the period of January 1, 1998, through lessees that entered into the agreement. (B) on which permits to drill have been ap- December 31, 1999, to incorporate price (b) CONSERVATION OF RESOURCES FEES.— plied for, but not yet awarded; thresholds applicable to royalty suspension (1) IN GENERAL.—Not later than 60 days (C) on which permits to drill have been ap- provisions, that are equal to or less than the after the date of enactment of this Act, the proved, but no drilling has yet occurred; price thresholds described in clauses (v) Secretary of the Interior by regulation shall (D) on which wells have been drilled but no through (vii) of section 8(a)(3)(C) of the establish— production has occurred; and Outer Continental Shelf Lands Act (43 U.S.C. (A) a conservation of resources fee for pro- (E) on which production is occurring; 1337(a)(3)(C)). Any amended lease shall im- ducing Federal oil and gas leases in the Gulf (2) resource estimates for and the number pose the new or revised price thresholds ef- of Mexico; and of acres of Federal onshore and offshore fective October 1, 2006. Existing lease provi- (B) a conservation of resources fee for non- lands, by State or offshore planning area— sions shall prevail through September 30, producing Federal oil and gas leases in the (A) under lease, per year the lease was 2006. Gulf of Mexico. RODUCING LEASE FEE TERMS issued; SEC. 133. CLARIFICATION OF AUTHORITY TO IM- (2) P .—The fee (B) under lease and not producing, per year POSE PRICE THRESHOLDS FOR CER- under paragraph (1)(A)— the lease was issued; TAIN LEASE SALES. (A) subject to subparagraph (C), shall apply (C) under lease and drilled, but not pro- Congress reaffirms the authority of the to covered leases that are producing leases; ducing, per year the lease was issued; Secretary of the Interior under section (B) shall be set at $9 per barrel for oil and (D) offered for lease in a lease sale con- 8(a)(1)(H) of the Outer Continental Shelf $1.25 per million Btu for gas, respectively, in ducted during the previous year, but not Lands Act (43 U.S.C. 1337(a)(1)(H)) to vary, 2005 dollars; and leased; and based on the price of production from a (C) shall apply only to production of oil or (E) available for leasing but not under lease, the suspension of royalties under any gas occurring— lease or offered for leasing in the previous lease subject to section 304 of the Outer Con- (i) in any calendar year in which the arith- year; tinental Shelf Deep Water Royalty Relief metic average of the daily closing prices for (3) resource estimates for and the number Act (Public Law 104–58; 43 U.S.C. 1337 note). light sweet crude oil on the New York Mer- of acres of unleased Federal onshore and off- SEC. 134. ELIGIBILITY FOR NEW LEASES AND THE cantile Exchange (NYMEX) exceeds $34.73 per shore land available for oil and gas leasing; TRANSFER OF LEASES; CONSERVA- barrel for oil and $4.34 per million Btu for (4) resource estimates for and the number TION OF RESOURCES FEES. gas in 2005 dollars; and of acres of areas of the Outer Continental (a) ISSUANCE OF NEW LEASES.— (ii) on or after October 1, 2006. Shelf— (1) IN GENERAL.—The Secretary shall not (3) NONPRODUCING LEASE FEE TERMS.—The (A) included in proposed sale areas in the issue any new lease that authorizes the pro- fee under paragraph (1)(B)— most recent 5-year plan developed by the duction of oil or natural gas in the Gulf of (A) subject to subparagraph (C), shall apply Secretary pursuant to section 18 of the Outer Mexico under the Outer Continental Shelf to leases that are nonproducing leases; Continental Shelf Lands Act (43 U.S.C. 1344); Lands Act (43 U.S.C. 1331 et seq.) to a person (B) shall be set at $3.75 per acre per year in and described in paragraph (2) unless— 2005 dollars; and (B) available for oil and gas leasing but not (A) the person has renegotiated each cov- (C) shall apply on and after October 1, 2006. included in the 5-year plan; ered lease with respect to which the person (4) TREATMENT OF RECEIPTS.—Amounts re- (5) the number of leases and the number of is a lessee, to modify the payment respon- ceived by the United States as fees under acres of Federal onshore land, per Bureau of sibilities of the person to include price this subsection shall be treated as offsetting Land Management field office, offered in a thresholds that are equal to or less than the receipts. lease sale conducted during the previous price thresholds described in clauses (v) (c) TRANSFERS.—A lessee or any other per- year, including data on the number of pro- through (vii) of section 8(a)(3)(C) of the son who has any direct or indirect interest tests filed and how many lease tracts were Outer Continental Shelf Lands Act (43 U.S.C. in, or who derives a benefit from, a lease withdrawn as a result of such protests, and 1337(a)(3)(C)); or shall not be eligible to obtain by sale or how many leases were offered and issued (B) the person has— other transfer (including through a swap, with stipulations as a result of those pro- (i) paid all fees established by the Sec- spinoff, servicing, or other agreement) any tests, including the name of the entity or en- retary under subsection (b) that are due with covered lease, the economic benefit of any tities filing the protests; respect to each covered lease for which the covered lease, or any other lease for the pro- (6) the number of applications for permits person is a lessee; or duction of oil or natural gas in the Gulf of to drill received, approved, pending, and de- (ii) entered into an agreement with the Mexico under the Outer Continental Shelf nied, in the previous year per Bureau of Land Secretary under which the person is obli- Lands Act (43 U.S.C. 1331 et seq.), unless— Management and Minerals Management gated to pay such fees. (1) the lessee or other person has— Service field office; (2) PERSONS DESCRIBED.—A person referred (A) renegotiated all covered leases of the (7) the number of environmental inspec- to in paragraph (1) is a person that— lessee or other person; and tions conducted per State and per Bureau of (A) is a lessee that— (B) entered into an agreement with the Land Management and Minerals Manage- (i) holds a covered lease on the date on Secretary to modify the terms of all covered ment Service field office in the previous which the Secretary considers the issuance leases of the lessee or other person to include year; and of the new lease; or limitations on royalty relief based on mar- (8) the number of full time staff equivalent (ii) was issued a covered lease before the ket prices that are equal to or less than the (FTEs) devoted to permit processing and date of enactment of this Act, but trans- price thresholds described in clauses (v) oversight per Bureau of Land Management ferred the covered lease to another person or through (vii) of section 8(a)(3)(C) of the

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00055 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.001 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 19239 Outer Continental Shelf Lands Act (43 U.S.C. budget pursuant to section 302(a) of Congres- erals Management Service. The code of eth- 1337(a)(3)(C)); or sional Budget Act of 1974; and ics shall provide clear direction relating to (2) the lessee or other person has— (C) the budget aggregates contained in the the obligations, prohibitions, and con- (A) paid all fees established by the Sec- appropriate concurrent resolution on the sequences of misconduct. retary under subsection (b) that are due with budget as required by section 301(a) of Con- (d) DRUG TESTING.—The Secretary of the respect to each covered lease for which the gressional Budget Act of 1974. Interior shall, within 180 days after the date person is a lessee; or (3) AMOUNTS OF ADJUSTMENTS.—The adjust- of the enactment of this Act, implement a (B) entered into an agreement with the ments referred to in paragraphs (1) and (2) random drug testing program for the em- Secretary under which the person is obli- shall not exceed the total of the receipts ployees of the royalty-in-kind division of the gated to pay such fees. over a 10-year period, as estimated by the Minerals Management Service. (d) DEFINITIONS.—In this section— Congressional Budget Office upon the enact- (e) DEFINITIONS.—In this section: (1) COVERED LEASE.—The term ‘‘covered ment of this Act. (1) GIFT.—The term ‘‘gift’’— lease’’ means a lease for oil or gas produc- Subtitle D—Accountability and Integrity in (A) includes any gratuity, favor, discount, tion in the Gulf of Mexico that is— the Federal Energy Program entertainment, hospitality, loan, forbear- (A) in existence on the date of enactment ance, or other item having monetary value; of this Act; SEC. 141. ROYALTY IN-KIND. and (B) issued by the Department of the Inte- Section 342(d) of the Energy Policy Act of (B) includes services as well as gifts of rior under section 304 of the Outer Conti- 2005 (42 U.S.C. 15902(d)) is amended to read as training, transportation, local travel, lodg- nental Shelf Deep Water Royalty Relief Act follows: ings and meals, whether provided in-kind, by (43 U.S.C. 1337 note; Public Law 104–58); and ‘‘(d) BENEFIT TO THE UNITED STATES RE- purchase of a ticket, payment in advance, or (C) not subject to limitations on royalty QUIRED.—The Secretary may receive oil or reimbursement after the expense has been relief based on market price that are equal gas royalties in-kind only if the Secretary incurred. to or less than the price thresholds described determines that receiving royalties in-kind (2) PROHIBITED SOURCE.—The term ‘‘prohib- in clauses (v) through (vii) of section provides benefits to the United States that ited source’’ means, with respect to an em- 8(a)(3)(C) of the Outer Continental Shelf are greater than or equal to the benefits that ployee, any person who— Lands Act (43 U.S.C. 1337(a)(3)(C)). would likely be received if the royalties were (A) is seeking official action by the Min- (2) LESSEE.—The term ‘‘lessee’’ includes taken in-value, and if the Secretary deter- erals Management Service; any person or other entity that controls, is mines that receiving royalties in-kind is (B) does business or seeks to do business controlled by, or is in or under common con- consistent with the fiduciary duties of the with the Minerals Management Service; trol with, a lessee. Secretary on behalf of the American peo- (C) conducts activities regulated by the (3) SECRETARY.—The term ‘‘Secretary’’ ple.’’. Minerals Management Service; means the Secretary of the Interior. SEC. 142. FAIR RETURN ON PRODUCTION OF FED- (D) has interests that may be substantially ERAL OIL AND GAS RESOURCES. SEC. 135. STRATEGIC ENERGY EFFICIENCY AND affected by performance or nonperformance RENEWABLES RESERVE. (a) ROYALTY PAYMENTS.—The Secretary of of the employee’s official duties; or (a) IN GENERAL.—For budgetary purposes, the Interior shall take all steps necessary to (E) is an organization a majority of whose the net increase in Federal receipts by rea- ensure that lessees under leases for explo- members are described in any of subpara- son of the enactment of this Act shall be ration, development, and production of oil graphs (A) through (D). held in a separate account to be known as and natural gas on Federal lands, including (f) OTHER ETHICS REQUIREMENTS APPLY.— the ‘‘Strategic Energy Efficiency and Renew- leases under the Mineral Leasing Act (30 The prohibitions and requirements under ables Reserve’’. The Strategic Energy Effi- U.S.C. 181 et seq.), the Mineral Leasing Act this section are to be in addition to any ciency and Renewables Reserve shall be for Acquired Lands (30 U.S.C. 351 et seq.), the other requirements that apply to employees available to offset the cost of subsequent leg- Outer Continental Shelf Lands Act (30 U.S.C. of the Minerals Management Service. islation— 1331 et seq.), and all other mineral leasing SEC. 144. PROHIBITION ON CERTAIN GIFTS. (1) to accelerate the use of clean domestic laws, are making prompt, transparent, and Section 201 of title 18, United States Code, renewable energy resources and alternative accurate royalty payments under such is amended— fuels; leases. (1) by redesignating subsections (d) and (e) (2) to promote the utilization of energy-ef- (b) RECOMMENDATIONS FOR LEGISLATIVE AC- as subsections (e) and (f); and ficient products and practices and energy TION.—In order to facilitate implementation (2) by inserting after subsection (c) the fol- conservation; of subsection (a), the Secretary of the Inte- lowing new subsection: (3) to increase research, development, and rior shall, within 180 days after the date of ‘‘(d)(1) Whoever— deployment of clean renewable energy and enactment of this Act and in consultation ‘‘(A) seeking or holding one or more leases efficiency technologies; with the affected States, prepare and trans- of property from the United States, through (4) to provide increased assistance for low mit to Congress recommendations for legis- the Minerals Management Service of the De- income home energy and weatherization pro- lative action to improve the accurate collec- partment of the Interior, for purposes of oil grams; tion of Federal oil and gas royalties. or mineral extraction, knowingly engages in (5) to further the purposes set forth in sec- SEC. 143. ROYALTY-IN-KIND ETHICS. a course of conduct that consists of pro- tion 1(b) of the Land and Water Conservation (a) GIFT BAN.— viding things of value to a public official of, Fund Act of 1965 (16 U.S.C. 460l–4); and (1) PROHIBITION.—No employee of the Min- or person who has been selected to be a pub- (6) to increase research, development, and erals Management Service may— lic official of, the Minerals Management demonstration of carbon capture and seques- (A) accept gifts of any value from any pro- Service, because of the official’s or person’s tration technologies. hibited source; or position in the Minerals Management Serv- (b) PROCEDURE FOR ADJUSTMENTS.— (B) seek, accept, or hold employment with ice; or (1) BUDGET COMMITTEE CHAIRMAN.—After any prohibited source. ‘‘(B) being a public official of, or person the reporting of a bill or joint resolution, or (2) PENALTY.—Any person who violates who has been selected to be a public official the offering of an amendment thereto or the paragraph (1) shall be subject to such pen- of, the Minerals Management Service of the submission of a conference report thereon, alties as the Secretary of the Interior con- Department of the Interior, knowingly en- providing funding for the purposes set forth siders appropriate, which may include sus- gages in a course of conduct consisting of rein subsection (a) in excess of the amounts pension without pay or termination. ceiving things of value, knowing that such provided for those purposes for fiscal year (b) TRAINING.—The Secretary of the Inte- things of value were provided because of the 2007, the chairman of the Committee on the rior shall implement a robust ethics training official’s or person’s position in the Minerals Budget of the applicable House of Congress program for employees of the Royalty-In- Management Service, from a person seeking shall make the adjustments set forth in Kind division of the Minerals Management or holding one or more leases of property paragraph (2) for the amount of new budget Service that is in addition to the standard from the United States, through the Min- authority and outlays in that measure and ethics training that such employees are al- erals Management Service, for purposes of the outlays flowing from that budget author- ready required to attend. Such additional oil or mineral extraction; ity. training program shall require written cer- shall be fined under this title, imprisoned for (2) MATTERS TO BE ADJUSTED.—The adjust- tification by each such employee that the not more than two years, or both, except ments referred to in paragraph (1) are to be employee knows and understands the ethics that a corporation, partnership, or other or- made to— requirements by which the employee is ganization that violates subparagraph (A) (A) the discretionary spending limits, if bound. shall be fined $25,000,000 and an amount equal any, set forth in the appropriate concurrent (c) CODE OF ETHICS.—The Secretary of the to its gross revenues arising, during the pe- resolution on the budget; Interior shall promulgate, within 180 days riod in which the course of conduct described (B) the allocations made pursuant to the after the date of the enactment of this Act, in subparagraph (A) occurred, from the lease appropriate concurrent resolution on the a code of ethics for all employees of the Min- or leases described in that subparagraph.

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00056 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.001 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19240 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 September 16, 2008 ‘‘(2) For purposes of this subsection, the justments, requests and receives refunds, or SEC. 162. ACCELERATION OF LEASE SALES FOR term ‘course of conduct’ means a series of submits reports with respect to payments a NATIONAL PETROLEUM RESERVE IN acts over a period of time evidencing a con- lessee must make pursuant to section ALASKA. tinuity of purpose. 102(a);’’; Section 107(d) of the Naval Petroleum Re- ‘‘(3)(A) The Attorney General may bring a (5) in paragraph (25)(B), by striking ‘‘(sub- serves Production Act of 1976 (42 U.S.C. civil action in the appropriate United States ject to the provisions of section 102(a) of this 6506a(d)) is amended— district court against any corporation, part- Act)’’; and (1) by striking ‘‘(d)’’ and all that follows nership, or other organization that engages (6) in paragraph (26), by striking ‘‘(with no- through ‘‘; first lease sale’’ and inserting the in conduct constituting an offense under tice to the lessee who designated the des- following: paragraph (1)(A) and, upon proof of such con- ignee)’’. ‘‘(d) LEASE SALES.— ‘‘(1) FIRST LEASE SALE.—The first lease duct by a preponderance of the evidence, SEC. 152. INTEREST. such corporation, partnership, or other orga- sale’’; and (a) ESTIMATED PAYMENTS; INTEREST ON (2) by adding at the end the following: nization shall be subject to a civil penalty of AMOUNT OF UNDERPAYMENT.—Section 111(j) of not more than $25,000,000 and an amount ‘‘(2) SUBSEQUENT LEASE SALES.—The Sec- the Federal Oil and Gas Royalty Manage- retary shall accelerate, to the maximum ex- equal to its gross revenues arising, during ment Act of 1982 (30 U.S.C. 1721(j)) is amend- the period in which the course of conduct de- tent practicable, competitive and environ- ed by striking ‘‘If the estimated payment ex- mentally responsible leasing of oil and gas in scribed in paragraph (1)(A) occurred, from ceeds the actual royalties due, interest is the lease or leases described in that para- the Reserve in accordance with this Act and owed on the overpayment.’’. all applicable environmental laws, including graph. (b) OVERPAYMENTS.—Section 111 of the ‘‘(B) If a corporation, partnership, or other at least 1 lease sale during each of calendar Federal Oil and Gas Royalty Management years 2009 through 2013.’’. organization is held liable for a civil penalty Act of 1982 (30 U.S.C. 1721) is amended by SEC. 163. NATIONAL PETROLEUM RESERVE IN under subparagraph (A) for a violation of striking subsections (h) and (i). paragraph (1)(A), the United States may ter- ALASKA: PIPELINE CONSTRUCTION. (c) EFFECTIVE DATE.—The amendments minate the lease or leases that were the sub- The Federal Energy Regulatory Commis- made by this section shall be effective one sion shall facilitate, in an environmentally ject to the violation, and the United States year after the date of enactment of this Act. shall not be liable for any damages to any responsible manner and in coordination with party to such lease or leases by reason of SEC. 153. OBLIGATION PERIOD. the Secretary of the Interior, the Secretary such termination. Section 115(c) of the Federal Oil and Gas of Transportation, the Secretary of Energy, ‘‘(C) The imposition of a civil penalty Royalty Management Act of 1982 (30 U.S.C. and the State of Alaska, the construction of under this paragraph does not preclude any 1724(c)) is amended by adding at the end the pipelines necessary to transport oil and nat- other criminal or civil statutory, common following: ural gas from or through the National Petro- law, or administrative remedy that is avail- ‘‘(3) ADJUSTMENTS.—In the case of an ad- leum Reserve in Alaska to existing transpor- able to the United States, or any other per- justment under section 111A(a) (30 U.S.C. tation or processing infrastructure on the son, under this section or any other law.’’. 1721a(a)) in which a recoupment by the lessee North Slope of Alaska. results in an underpayment of an obligation, SEC. 145. STRENGTHENING THE ABILITY OF THE SEC. 164. ALASKA NATURAL GAS PIPELINE INTERIOR DEPARTMENT INSPECTOR for purposes of this Act the obligation be- PROJECT FACILITATION. GENERAL TO SECURE COOPERA- comes due on the date the lessee or its des- (a) FINDINGS.—Congress finds the fol- TION. ignee makes the adjustment.’’. lowing: The Inspector General Act of 1978 (5 U.S.C. SEC. 154. TOLLING AGREEMENTS AND SUB- (1) Over 35 trillion cubic feet of natural gas App.) is amended by inserting after section POENAS. reserves have been discovered on Federal and 8K the following: (a) TOLLING AGREEMENTS.—Section State lands currently open to oil and natural ‘‘SPECIAL PROVISIONS CONCERNING THE 115(d)(1) of the Federal Oil and Gas Royalty gas leasing on the North Slope of Alaska. DEPARTMENT OF THE INTERIOR Management Act of 1982 (30 U.S.C. 1724(d)(1)) (2) These gas supplies could make a signifi- is amended by striking ‘‘(with notice to the cant contribution to meeting the energy ‘‘SEC. 8L. Notwithstanding section 6(a)(4), lessee who designated the designee)’’. needs of the United States, but the lack of a the Inspector General of the Department of natural gas transportation system has pre- the Interior may, in any inquiry or inves- (b) SUBPOENAS.—Section 115(d)(2)(A) of the vented these natural gas reserves from tigation involving leases of property from Federal Oil and Gas Royalty Management reaching markets in the lower 48 States. the United States through the Minerals Man- Act of 1982 (30 U.S.C. 1724(d)(2)(A)) is amend- (b) FACILITATION BY PRESIDENT.—The agement Services for purposes of oil and ed by striking ‘‘(with notice to the lessee President shall, pursuant to the Alaska Nat- mineral extraction, require by subpoena the who designated the designee, which notice ural Gas Pipeline Act (division C of Public production of all information, documents, shall not constitute a subpoena to the les- Law 108–324; 15 U.S.C. 720 et seq.) and other reports, answers, records, accounts, papers, see)’’. applicable law, coordinate with producers of and other data in any medium, including SEC. 155. LIABILITY FOR ROYALTY PAYMENTS. natural gas on the North Slope of Alaska, electronically stored information and tan- Section 102(a) of the Federal Oil and Gas Federal agencies, the State of Alaska, Cana- gible things, and testimony necessary in the Royalty Management Act of 1982 (30 U.S.C. dian authorities, pipeline companies, and performance of the functions assigned by 1712(a)) is amended to read as follows: other interested persons in order to facili- this Act, which subpoena, in the case of con- ‘‘(a) In order to increase receipts and tate construction of a natural gas pipeline tumacy or refusal to obey, shall be enforce- achieve effective collections of royalty and from Alaska to United States markets as ex- able by order of any appropriate United other payments, a lessee who is required to peditiously as possible. States district court: Provided, that proce- make any royalty or other payment under a dures other than subpoenas shall be used by lease or under the mineral leasing laws, shall SEC. 165. PROJECT LABOR AGREEMENTS AND the Inspector General to obtain documents, make such payments in the time and manner OTHER PIPELINE REQUIREMENTS. information, or testimony from Federal as may be specified by the Secretary or the (a) PROJECT LABOR AGREEMENTS.—The agencies.’’. applicable delegated State. Any person who President, as a term and condition of any pays, offsets or credits monies, makes ad- permit required under Federal law for the Subtitle E—Federal Oil and Gas Royalty pipelines referred to in section 163 and 164, Reform justments, requests and receives refunds, or submits reports with respect to payments and in recognizing the Government’s interest SEC. 151. AMENDMENTS TO DEFINITIONS. the lessee must make is the lessee’s designee in labor stability and in the ability of con- Section 3 of the Federal Oil and Gas Roy- under this Act. Notwithstanding any other struction labor and management to meet the alty Management Act of 1982 (30 U.S.C. 1702) provision of this Act to the contrary, a des- particular needs and conditions of such pipe- is amended— ignee shall be liable for any payment obliga- lines to be developed under such permits and (1) in paragraph (20)(A), by striking ‘‘: Pro- tion of any lessee on whose behalf the des- the special concerns of the holders of such vided, That’’ and all that follows through ignee pays royalty under the lease. The per- permits, shall require that the operators of ‘‘subject of the judicial proceeding’’; son owning operating rights in a lease and a such pipelines and their agents and contrac- (2) in paragraph (20)(B), by striking ‘‘(with person owning legal record title in a lease tors negotiate to obtain a project labor written notice to the lessee who designated shall be liable for that person’s pro rata agreement for the employment of laborers the designee)’’; share of payment obligations under the and mechanics on production, maintenance, (3) in paragraph (23)(A), by striking ‘‘(with lease.’’. and construction for such pipelines. written notice to the lessee who designated (b) PIPELINE MAINTENANCE.—The Secretary the designee)’’; Subtitle F—National Petroleum Reserve in of Transportation shall require every pipe- (4) by amending paragraph (24) to read as Alaska line operator authorized to transport oil and follows: SEC. 161. SHORT TITLE. gas produced under Federal oil and gas leases ‘‘(24) ‘designee’ means any person who This subtitle may be cited as the ‘‘Drill in Alaska through the Trans-Alaska Pipe- pays, offsets, or credits monies, makes ad- Responsibly in Leased Lands Act of 2008’’. line, any pipeline constructed pursuant to

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00057 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.001 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 19241 section 163 or 164 of this Act, or any other (2) deposit the cash proceeds from sales emissions by 37 million metric tons annu- federally approved pipeline transporting oil under paragraph (1) into the SPR Petroleum ally. and gas from the North Slope of Alaska, to Account established under section 167 of the (6) An individual who commutes to work certify to the Secretary of Transportation Energy Policy and Conservation Act (42 using a single occupancy vehicle can reduce annually that such pipeline is being fully U.S.C. 6247); and carbon dioxide emissions by 20 pounds per maintained and operated in an efficient man- (3) from the cash proceeds deposited pursu- day (more than 4,800 pounds per year) by ner. The Secretary of Transportation shall ant to paragraph (2), withdraw the amount switching to public transportation. assess appropriate civil penalties for viola- necessary to pay for the direct administra- (7) Public transportation use provides an tions of this requirement in the same man- tive and operational costs of the sale and ac- affordable alternative to driving, as house- ner as civil penalties are assessed for viola- quisition. holds that use public transportation save an tions under section 60122(a)(1) of title 49, (b) AMOUNTS AND SCHEDULE.—The sale and average of $6,251 every year. United States Code. acquisition described in subsection (a) shall (8) Although under existing laws Federal SEC. 166. BAN ON EXPORT OF ALASKAN OIL. require the offer for sale of a total quantity employees in the National Capital Region re- (a) REPEAL OF PROVISION AUTHORIZING EX- of 70,000,000 barrels of light grade petroleum ceive transit benefits, transit benefits should PORTS.—Section 28(s) of the Mineral Leasing from the Strategic Petroleum Reserve. The be available to all Federal employees in the Act (30 U.S.C. 185(s)) is repealed. sale shall commence, whether or not a plan United States so that the Federal Govern- (b) REIMPOSITION OF PROHIBITION ON CRUDE has been published under subsection (a), not ment sets a leading example of greater pub- OIL EXPORTS.—Upon the effective date of later than 30 days after the date of enact- lic transportation use. this Act, subsection (d) of section 7 of the ment of this Act and be completed no more (9) Public transportation stakeholders than six months after the date of enactment Export Administration Act of 1979 (50 U.S.C. should engage and involve local communities of this Act, with at least 20,000,000 barrels to App. 2406(d)), shall be effective, and any in the education and promotion of the impor- be offered for sale within the first 60 days other provision of that Act (including sec- tance of utilizing public transportation. after the date of enactment of this Act. In no tions 11 and 12) shall be effective to the ex- (10) Increasing public transportation use is event shall the Secretary sell barrels of oil tent necessary to carry out such section 7(d), a national priority. notwithstanding section 20 of that Act or under subsection (a) that would result in a SEC. 303. GRANTS TO IMPROVE PUBLIC TRANS- any other provision of law that would other- Strategic Petroleum Reserve that contains fewer than 90 percent of the total amount of PORTATION SERVICES. wise allow exports of oil to which such sec- (a) AUTHORIZATIONS OF APPROPRIATIONS.— tion 7(d) applies. barrels in the Strategic Petroleum Reserve as of the date of enactment of this Act. (1) URBANIZED AREA FORMULA GRANTS.—In Subtitle G—Oil Shale Heavy grade petroleum, to replace the quan- addition to amounts allocated under section SEC. 171. OIL SHALE LEASING. tities of light grade petroleum sold under 5338(b)(2)(B) of title 49, United States Code, (a) REPEAL OF RESTRICTION.—Section 433 of this section, shall be obtained through acqui- to carry out section 5307 of such title, there the Department of the Interior, Environ- sitions which— is authorized to be appropriated $750,000,000 ment, and Related Agencies Appropriations (1) shall commence no sooner than 6 for each of fiscal years 2008 and 2009 to carry Act, 2008 (division F of Public Law 110–161; months after the date of enactment of this out such section 5307. Such funds shall be ap- 121 Stat. 2152) is repealed. Act; portioned, not later than 7 days after the (b) REQUIREMENT THAT STATE APPROVE OF (2) shall be completed, at the discretion of date on which the funds are appropriated, in OIL SHALE LEASING.—Section 369 of the En- the Secretary, not later than 5 years after accordance with section 5336 (other than sub- ergy Policy Act of 2005 (42 U.S.C. 15927) is the date of enactment of this Act; sections (i)(1) and (j)) of such title but may amended by adding at the end the following: (3) shall be carried out in a manner so as to not be combined or commingled with any ‘‘(t) REQUIREMENT THAT STATE APPROVE OF maximize the monetary value to the Federal other funds apportioned under such section OIL SHALE LEASING.—No lease may be issued Government; and 5336. under this section, section 21 of the Mineral (4) shall be carried out using the receipts (2) FORMULA GRANTS FOR OTHER THAN UR- Leasing Act (30 U.S.C. 241), or any other law, from the sales of light grade petroleum au- BANIZED AREAS.—In addition to amounts al- for exploration, research, development, or thorized under this section. located under section 5338(b)(2)(G) of title 49, production of oil shale on lands located in a (c) DEFERRALS.—The Secretary is encour- United States Code, to carry out section 5311 State, unless the State has enacted a law ap- aged to, when economically beneficial and of such title, there is authorized to be appro- proving of Federal oil shale leasing in the practical, grant requests to defer scheduled priated $100,000,000 for each of fiscal years State. Nothing in this subsection shall be deliveries of petroleum to the Reserve under 2008 and 2009 to carry out such section 5311. construed as preventing the Department of subsection (a) if the deferral will result in a Such funds shall be apportioned, not later the Interior from preparing an environ- premium paid in additional barrels of oil than 7 days after the date on which the funds mental impact statement under the existing which will reduce the cost of oil acquisition are appropriated, in accordance with such authority under the National Environmental and increase the volume of oil delivered to section 5311 but may not be combined or Policy Act of 1969 (42 U.S.C. 4321 et seq.) with the Reserve or yield additional cash bonuses. commingled with any other funds appor- respect to an individual lease sale proposed TITLE III—PUBLIC TRANSPORTATION tioned under such section 5311. under the commercial leasing program es- SEC. 301. SHORT TITLE. (b) USE OF FUNDS.—Notwithstanding sec- tablished under this section.’’. This title may be cited as the ‘‘Saving En- tions 5307 and 5311 of title 49, United States TITLE II—CONSUMER ENERGY SUPPLY ergy Through Public Transportation Act of Code, the Secretary of Transportation may SEC. 201. SHORT TITLE. 2008’’. make grants under such sections from This title may be cited as the ‘‘Consumer SEC. 302. FINDINGS. amounts appropriated under subsection (a) Energy Supply Act of 2008’’. Congress finds the following: only for one or more of the following: SEC. 202. DEFINITIONS. (1) In 2007, people in the United States took (1) If the recipient of the grant is reducing, In this title— more than 10.3 billion trips using public or certifies to the Secretary within the time (1) the term ‘‘light grade petroleum’’ transportation, the highest level in 50 years. the Secretary prescribes that, during the means crude oil with an API gravity of 30 de- (2) Public transportation use in the United term of the grant, the recipient will reduce grees or higher; States is up 32 percent since 1995, a figure one or more fares the recipient charges for (2) the term ‘‘heavy grade petroleum’’ that is more than double the growth rate of public transportation, or in the case of sub- means crude oil with an API gravity of 26 de- the Nation’s population and is substantially section (f) of such section 5311, intercity bus grees or lower; and greater than the growth rate for vehicle service, those operating costs of equipment (3) the term ‘‘Secretary’’ means the Sec- miles traveled on the Nation’s highways for and facilities being used to provide the pub- retary of Energy. that same period. lic transportation, or in the case of sub- SEC. 203. SALE AND REPLACEMENT OF OIL FROM (3) Public transportation use saves fuel, re- section (f) of such section 5311, intercity bus THE STRATEGIC PETROLEUM RE- duces emissions, and saves money for the service, that the recipient is no longer able SERVE. people of the United States. to pay from the revenues derived from such (a) INITIAL PETROLEUM SALE AND REPLACE- (4) The direct petroleum savings attrib- fare or fares as a result of such reduction. MENT.—Notwithstanding section 161 of the utable to public transportation use is 1.4 bil- (2) If the recipient of the grant is expand- Energy Policy and Conservation Act (42 lion gallons per year, and when the sec- ing, or certifies to the Secretary within the U.S.C. 6241), the Secretary shall publish a ondary effects of transit availability on trav- time the Secretary prescribes that, during plan not later than 15 days after the date of el are also taken into account, public trans- the term of the grant, the recipient will ex- enactment of this Act to— portation use saves the United States the pand public transportation service, or in the (1) sell, in the amounts and on the schedule equivalent of 4.2 billion gallons of gasoline case of subsection (f) of such section 5311, described in subsection (b), light grade petro- per year (more than 11 million gallons of gas- intercity bus service, those operating and leum from the Strategic Petroleum Reserve oline per day). capital costs of equipment and facilities and acquire an equivalent volume of heavy (5) Public transportation use in the United being used to provide the public transpor- grade petroleum; States is estimated to reduce carbon dioxide tation service, or in the case of subsection (f)

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00058 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.001 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19242 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 September 16, 2008 of such section 5311, intercity bus service, (i) by striking subparagraph (A); and quire each agency, not later than September that the recipient incurs as a result of the (ii) by redesignating subparagraphs (B) 1 of the first fiscal year beginning after the expansion of such service. through (F) as subparagraphs (A) through date of enactment of this paragraph, and (3) To avoid increases in fares for public (E), respectively; and every 3 years thereafter, to develop and sub- transportation, or in the case of subsection (B) in paragraph (4) by striking ‘‘a covered mit to the Secretary a review of the agency’s (f) of such section 5311, intercity bus service, agency’’ and inserting ‘‘an agency’’. implementation of the program. Each such or decreases in current public transportation (b) BENEFITS DESCRIBED.—Section 3049(a)(2) review shall contain, at a minimum, the fol- service, or in the case of subsection (f) of of such Act (5 U.S.C. 7905 note; 119 Stat. 1711) lowing: such section 5311, intercity bus service, that is amended by striking the period at the end ‘‘(i) An assessment of the agency’s imple- would otherwise result from an increase in and inserting the following: ‘‘, except that mentation of the guidance, including a sum- costs to the public transportation or inter- the maximum level of such benefits shall be mary of the audits and investigations, if any, city bus agency for transportation-related the maximum amount which may be ex- of the program conducted by the Inspector fuel or meeting additional transportation-re- cluded from gross income for qualified park- General of the agency. lated equipment or facility maintenance ing as in effect for a month under section ‘‘(ii) Information on the total number of needs, if the recipient of the grant certifies 132(f)(2)(B) of the Internal Revenue Code of employees of the agency that are partici- to the Secretary within the time the Sec- 1986.’’. pating in the program. (c) GUIDANCE.—Section 3049(a) of such Act retary prescribes that, during the term of ‘‘(iii) Information on the total number of (5 U.S.C. 7905 note; 119 Stat. 1711) is amended the grant, the recipient will not increase the single occupancy vehicles removed from the by adding at the end the following: fares that the recipient charges for public roadway network as a result of participation ‘‘(5) GUIDANCE.— transportation, or in the case of subsection by employees of the agency in the program. ‘‘(A) ISSUANCE.—Not later than 60 days (f) of such section 5311, intercity bus service, after the date of enactment of this para- ‘‘(iv) Information on energy savings and or, will not decrease the public transpor- graph, the Secretary of Transportation shall emissions reductions, including reductions tation service, or in the case of subsection (f) issue guidance on nationwide implementa- in greenhouse gas emissions, resulting from of such section 5311, intercity bus service, tion of the transit pass transportation fringe reductions in single occupancy vehicle use that the recipient provides. benefits program under this subsection. by employees of the agency that are partici- (4) If the recipient of the grant is acquir- ‘‘(B) UNIFORM APPLICATION.— pating in the program. ing, or certifies to the Secretary within the ‘‘(i) IN GENERAL.—The guidance to be ‘‘(v) Information on reduced congestion time the Secretary prescribes that, during issued under subparagraph (A) shall contain and improved air quality resulting from re- the term of the grant, the recipient will ac- a uniform application for use by all Federal ductions in single occupancy vehicle use by quire, clean fuel or alternative fuel vehicle- employees applying for benefits from an employees of the agency that are partici- related equipment or facilities for the pur- agency under the program. pating in the program. pose of improving fuel efficiency, the costs of ‘‘(ii) REQUIRED INFORMATION.—As part of ‘‘(vi) Recommendations to increase pro- acquiring the equipment or facilities. such an application, an employee shall program participation and thereby reduce single (5) If the recipient of the grant is estab- vide, at a minimum, the employee’s home occupancy vehicle use by Federal employees lishing or expanding, or certifies to the Sec- and work addresses, a breakdown of the em- nationwide. retary within the time the Secretary pre- ployee’s commuting costs, and a certifi- ‘‘(6) REPORTING REQUIREMENTS.—Not later scribes that, during the term of the grant, cation of the employee’s eligibility for bene- than September 30 of the first fiscal year be- the recipient will establish or expand, com- fits under the program. ginning after the date of enactment of this muter matching services to provide com- ‘‘(iii) WARNING AGAINST FALSE STATE- paragraph, and every 3 years thereafter, the muters with information and assistance MENTS.—Such an application shall contain a Secretary shall submit to the Committee on about alternatives to single occupancy vehi- warning against making false statements in Transportation and Infrastructure and the cle use, those administrative costs in estab- the application. Committee on Oversight and Government lishing or expanding such services. ‘‘(C) INDEPENDENT VERIFICATION REQUIRE- Reform of the House of Representatives and (c) FEDERAL SHARE.—Notwithstanding any MENTS.—The guidance to be issued under the Committee on Banking, Housing, and other provision of law, the Federal share of subparagraph (A) shall contain independent Urban Affairs of the Senate a report on na- the costs for which a grant is made under verification requirements to ensure that, tionwide implementation of the transit pass this section shall be 100 percent. with respect to an employee of an agency— transportation fringe benefits program under (d) PERIOD OF AVAILABILITY.—Funds appro- ‘‘(i) the eligibility of the employee for ben- this subsection, including a summary of the priated under this section shall remain efits under the program is verified by an offi- information submitted by agencies pursuant available for a period of 2 fiscal years. cial of the agency; to paragraph (5)(F).’’. SEC. 304. INCREASED FEDERAL SHARE FOR ‘‘(ii) employee commuting costs are (d) EFFECTIVE DATE.—Except as otherwise CLEAN AIR ACT COMPLIANCE. verified by an official of the agency; and specifically provided, the amendments made Notwithstanding section 5323(i)(1) of title ‘‘(iii) records of the agency are checked to by this section shall become effective on the 49, United States Code, a grant for a project ensure that the employee is not receiving first day of the first fiscal year beginning to be assisted under chapter 53 of such title parking benefits from the agency. after the date of enactment of this Act. during fiscal years 2008 and 2009 that in- ‘‘(D) PROGRAM IMPLEMENTATION REQUIRE- SEC. 306. CAPITAL COST OF CONTRACTING VAN- volves acquiring clean fuel or alternative MENTS.—The guidance to be issued under POOL PILOT PROGRAM. fuel vehicle-related equipment or facilities subparagraph (A) shall contain program im- for the purposes of complying with or main- plementation requirements applicable to (a) ESTABLISHMENT.—The Secretary of taining compliance with the Clean Air Act each agency to ensure that— Transportation shall establish and imple- (42 U.S.C. 7401 et seq.) shall be for 100 percent ‘‘(i) benefits provided by the agency under ment a pilot program to carry out vanpool of the net project cost of the equipment or the program are adjusted in cases of em- demonstration projects in not more than 3 facility attributable to compliance with that ployee travel, leave, or change of address; urbanized areas and not more than 2 other Act unless the grant recipient requests a ‘‘(ii) removal from the program is included than urbanized areas. lower grant percentage. in the procedures of the agency relating to (b) PILOT PROGRAM.— SEC. 305. TRANSPORTATION FRINGE BENEFITS. an employee separating from employment (1) IN GENERAL.—Notwithstanding section (a) REQUIREMENT THAT AGENCIES OFFER with the agency; and 5323(i) of title 49, United States Code, for TRANSIT PASS TRANSPORTATION FRINGE BENE- ‘‘(iii) benefits provided by the agency each project selected for participation in the FITS TO THEIR EMPLOYEES NATIONWIDE.— under the program are made available using pilot program, the Secretary shall allow the (1) IN GENERAL.—Section 3049(a)(1) of the an electronic format (rather than using non-Federal share provided by a recipient of Safe, Accountable, Flexible, Efficient Trans- paper fare media) where such a format is assistance for a capital project under chapter portation Equity Act: A Legacy for Users (5 available for use. 53 of such title to include the amounts de- U.S.C. 7905 note; 119 Stat. 1711) is amended— ‘‘(E) ENFORCEMENT AND PENALTIES.—The scribed in paragraph (2). (A) by striking ‘‘Effective’’ and all that fol- guidance to be issued under subparagraph (A) (2) CONDITIONS ON ACQUISITION OF VANS.— lows through ‘‘each covered agency’’ and in- shall contain a uniform administrative pol- The amounts referred to in paragraph (1) are serting ‘‘Each agency’’; and icy on enforcement and penalties. Such pol- any amounts expended by a private provider (B) by inserting ‘‘at a location in an urban- icy shall be implemented by each agency to of public transportation by vanpool for the ized area of the United States that is served ensure compliance with program require- acquisition of vans to be used by such pri- by fixed route public transportation’’ before ments, to prevent fraud and abuse, and, as vate provider in the recipient’s service area, ‘‘shall be offered’’. appropriate, to penalize employees who have excluding any amounts the provider may (2) CONFORMING AMENDMENTS.—Section abused or misused the benefits provided have received in Federal, State, or local gov- 3049(a) of such Act (5 U.S.C. 7905 note; 119 under the program. ernment assistance for such acquisition, if Stat. 1711) is amended— ‘‘(F) PERIODIC REVIEWS.—The guidance to the private provider enters into a legally (A) in paragraph (3)— be issued under subparagraph (A) shall re- binding agreement with the recipient that

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00059 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.002 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 19243

requires the private provider to use all reve- Targets for specific years shall be set by the ‘‘(c) STATE CERTIFICATION OF COMPLIANCE nues it receives in providing public transpor- Secretary at least 3 years in advance of each WITH BUILDING CODES.—(1) Each State shall, tation in such service area, in excess of its target year, coordinated with the IECC and not later than 3 years after a certification operating costs, for the purpose of acquiring ASHRAE Standard 90.1 cycles, at the max- under subsection (b), certify that it has— vans to be used by the private provider in imum level of energy efficiency that is tech- ‘‘(A) achieved compliance under paragraph such service area. nologically feasible and life-cycle cost effec- (3) with the certified State building energy (c) PROGRAM TERM.—The Secretary may tive. code or with the associated model code or approve an application for a vanpool dem- ‘‘(2)(A) Whenever the provisions of the standard; or onstration project for fiscal years 2008 IECC or ASHRAE Standard 90.1 regarding ‘‘(B) made significant progress under para- through 2009. building energy use are revised, the Sec- graph (4) toward achieving compliance with (d) REPORT TO CONGRESS.—Not later than retary shall make a preliminary determina- the certified State building energy code or one year after the date of enactment of this tion not later than 90 days after the date of with the associated model code or standard. Act, the Secretary shall submit to the Com- the revision, and a final determination not If the State certifies progress toward achiev- mittee on Transportation and Infrastructure later than 12 months after the date of such ing compliance, the State shall repeat the of the House of Representatives and the revision, on— certification each year until it certifies that Committee on Banking, Housing, and Urban ‘‘(i) whether such revision will improve en- it has achieved compliance. Affairs of the Senate a report containing an ergy efficiency in buildings; and ‘‘(2) A certification under paragraph (1) assessment of the costs, benefits, and effi- ‘‘(ii) whether such revision will meet the shall include documentation of the rate of ciencies of the vanpool demonstration targets under paragraph (1). compliance based on independent inspections projects. ‘‘(B) If the Secretary makes a determina- of a random sample of the new and renovated SEC. 307. NATIONAL CONSUMER AWARENESS tion under subparagraph (A)(ii) that a code buildings covered by the code in the pre- PROGRAM. or standard does not meet the targets under ceding year, or based on an alternative (a) IN GENERAL.—The Secretary of Trans- paragraph (1), or if a national model code or method that yields an accurate measure of portation shall carry out a national con- standard is not updated for more than three compliance. sumer awareness program to educate the public on the environmental, energy, and years, then the Secretary shall, within 12 ‘‘(3)(A) A State shall be considered to economic benefits of public transportation months after such determination, establish a achieve compliance under paragraph (1) if— alternatives to the use of single occupancy modified code or standard that meets such ‘‘(i) at least 90 percent of new and ren- vehicles. targets. Any such modified code or stand- ovated building space covered by the code in (b) AUTHORIZATION OF APPROPRIATIONS.— ard— the preceding year substantially meets all There is authorized to be appropriated to ‘‘(i) shall achieve the maximum level of en- the requirements of the code regarding en- carry out this section $1,000,000 for fiscal ergy savings that is technologically feasible ergy efficiency, or achieves an equivalent en- year 2009. Such sums shall remain available and life-cycle cost-effective; ergy savings level; or until expended. ‘‘(ii) shall be based on the latest revision of ‘‘(ii) the estimated excess energy use of SEC. 308. EXCEPTION TO ALTERNATIVE FUEL the IECC or ASHRAE Standard 90.1, includ- new and renovated buildings that did not PROCUREMENT REQUIREMENT. ing any amendments or additions thereto, meet the code in the preceding year, com- Section 526 of the Energy Independence but may also consider other model codes or pared to a baseline of comparable buildings and Security Act of 2007 (Public Law 110–140; standards; and that meet the code, is not more than 5 per- 42 U.S. C. 17142) is amended— ‘‘(iii) shall serve as the baseline for the cent of the estimated energy use of all new (1) by striking ‘‘No Federal agency’’ and next determination under subparagraph and renovated buildings covered by the code inserting ‘‘(a) REQUIREMENT.—Except as pro- (A)(i). in the preceding year. vided in subsection (b), no Federal agency’’; ‘‘(C) The Secretary shall provide the oppor- ‘‘(B) Only renovations with building per- and tunity for public comment on targets, deter- mits are covered under this paragraph. If the (2) by adding at the end the following: minations, and modified codes and standards Secretary determines the percentage targets ‘‘(b) EXCEPTION.—Subsection (a) does not under this subsection, and shall publish no- under subparagraph (A) are not reasonably prohibit a Federal agency from entering into tice of targets, determinations, and modified achievable for renovated residential or com- a contract to purchase a generally available codes and standards under this subsection in mercial buildings, the Secretary may reduce fuel that is not an alternative or synthetic the Federal Register. the targets for such renovated buildings to fuel or predominantly produced from a non- ‘‘(b) STATE CERTIFICATION OF BUILDING EN- the highest achievable level. conventional petroleum source, if— ERGY CODE UPDATES.—(1) Not later than 2 ‘‘(4)(A) A State shall be considered to have ‘‘(1) the contract does not specifically re- years after the date of enactment of this sub- made significant progress toward achieving quire the contractor to provide an alter- section, each State shall certify to the Sec- compliance for purposes of paragraph (1) if native or synthetic fuel or fuel from a non- retary that it has reviewed and updated the the State— conventional petroleum source; provisions of its residential and commercial ‘‘(i) has developed and is implementing a ‘‘(2) the purpose of the contract is not to building codes regarding energy efficiency. plan for achieving compliance within 8 obtain an alternative or synthetic fuel or Such certification shall include a demonstra- years, assuming continued adequate funding, fuel from a nonconventional petroleum tion that such State’s code provisions meet including active training and enforcement source; and or exceed the 2006 IECC for residential build- programs; ‘‘(3) the contract does not provide incen- ings and the ASHRAE Standard 90.1–2007 for ‘‘(ii) after one or more years of adequate tives for a refinery upgrade or expansion to commercial buildings, or achieve equivalent funding, has demonstrated progress, in con- allow a refinery to use or increase its use of or greater energy savings. formance with the plan described in clause fuel from a nonconventional petroleum ‘‘(2)(A) If the Secretary makes an affirma- (i), toward compliance; source.’’. tive determination under subsection ‘‘(iii) after five or more years of adequate TITLE IV—GREATER ENERGY EFFICIENCY (a)(2)(A)(i) or establishes a modified code or funding, meets the requirement in paragraph IN BUILDING CODES standard under subsection (a)(2)(B), each (3) substituting 80 percent for 90 percent or SEC. 401. GREATER ENERGY EFFICIENCY IN State shall, within 2 years after such deter- substituting 10 percent for 5 percent; and BUILDING CODES. mination or establishment, certify that it ‘‘(iv) has not had more than 8 years of ade- (a) IN GENERAL.—Section 304 of the Energy has reviewed and updated the provisions of quate funding. Conservation and Production Act (42 U.S.C. its building code regarding energy efficiency. ‘‘(B) Funding shall be considered adequate, 6833) is amended to read as follows: Such certification shall include a demonstra- for purposes of this paragraph, when the Fed- ‘‘SEC. 304. UPDATING STATE BUILDING ENERGY tion that such State’s code provisions meet eral Government provides to the States at EFFICIENCY CODES. or exceed the revised code or standard, or least $50,000,000 in a year in funding and sup- ‘‘(a) UPDATING NATIONAL MODEL BUILDING achieve equivalent or greater energy savings. port for development and implementation of ENERGY CODES.—(1) The Secretary shall sup- ‘‘(B) If the Secretary fails to make a deter- State building energy codes, including for port updating the national model building mination under subsection (a)(2)(A)(i) by the training and enforcement. energy codes and standards at least every date specified in subsection (a)(2), or makes ‘‘(d) FAILURE TO MEET DEADLINES.—(1) A three years to achieve overall energy sav- a negative determination, each State shall State that has not made a certification re- ings, compared to the 2006 IECC for residen- within 2 years after the specified date or the quired under subsection (b) or (c) by the ap- tial buildings and ASHRAE Standard 90.1– date of the determination, certify that it has plicable deadline shall submit to the Sec- 2004 for commercial buildings, of at least— reviewed the revised code or standard, and retary a report on— ‘‘(A) 30 percent in editions of each model updated the provisions of its building code ‘‘(A) the status of the State with respect to code or standard released in or after 2010; regarding energy efficiency to meet or ex- meeting the requirements and submitting and ceed any provisions found to improve energy the certification; and ‘‘(B) 50 percent in editions of each model efficiency in buildings, or to achieve equiva- ‘‘(B) a plan for meeting the requirements code or standard released in or after 2020. lent or greater energy savings in other ways. and submitting the certification.

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00060 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.002 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19244 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 September 16, 2008 ‘‘(2) Any State for which the Secretary has ings or commercial buildings, or where State ‘‘(v) Components of the National Land- not accepted a certification by a deadline codes fail to comply with subparagraph (A), scape Conservation System. under subsection (b) or (c) of this section is to a local government that has adopted and ‘‘(vi) National Monuments. out of compliance with this section. is implementing residential and commercial ‘‘(2) ELIGIBLE FACILITY.—The term ‘eligible ‘‘(3) In any State that is out of compliance building energy efficiency codes, as described facility’ means— with this section, a local government may be in subparagraph (A). ‘‘(A) a facility for the generation of elec- in compliance with this section by meeting ‘‘(3) Of the amounts made available under tric energy from a renewable energy resource the certification requirements under sub- this subsection, the Secretary may use that is placed in service on or after January sections (b) and (c) of this section. amounts required, not exceeding $500,000 for 1, 2001; or ‘‘(4) The Secretary shall annually submit each State, to train State and local officials ‘‘(B) a repowering or cofiring increment. to Congress, and publish in the Federal Reg- to implement codes described in paragraph ‘‘(3) EXISTING FACILITY.—The term ‘existing ister, a report on the status of national (2). facility’ means a facility for the generation model building energy codes and standards, ‘‘(4) There are authorized to be appro- of electric energy from a renewable energy the status of code adoption and compliance priated to carry out this subsection— resource that is not an eligible facility. in the States, and implementation of this ‘‘(A) $70,000,000 for each of fiscal years 2009 ‘‘(4) INCREMENTAL HYDROPOWER.—The term section. The report shall include estimates of through 2013; and ‘incremental hydropower’ means additional impacts of past action under this section and ‘‘(B) such sums as are necessary for fiscal generation that is achieved from increased potential impacts of further action on life- year 2014 and each fiscal year thereafter.’’. efficiency or additions of capacity made on time energy use by buildings and resulting (b) DEFINITION.—Section 303 of the Energy or after January 1, 2001, or the effective date energy costs to individuals and businesses. Conservation and Production Act (42 U.S.C. of an existing applicable State renewable ‘‘(e) TECHNICAL ASSISTANCE.—(1) The Sec- 6832) is amended by adding at the end the fol- portfolio standard program at a hydro- retary shall on a timely basis provide tech- lowing new paragraph: electric facility that was placed in service nical assistance to model code-setting and ‘‘(17) The term ‘IECC’ means the Inter- before that date. standard development organizations. This national Energy Conservation Code.’’. NDIAN LAND.—The term ‘Indian land’ assistance shall include technical assistance ‘‘(5) I TITLE V—FEDERAL RENEWABLE as requested by the organizations in evalu- means— ELECTRICITY STANDARD ating code or standards proposals or revi- ‘‘(A) any land within the limits of any In- sions, building energy analysis and design SEC. 501. FEDERAL RENEWABLE ELECTRICITY dian reservation, pueblo, or rancheria; tools, building demonstrations, and design STANDARD. ‘‘(B) any land not within the limits of any assistance and training. The Secretary shall (a) IN GENERAL.—Title VI of the Public Indian reservation, pueblo, or rancheria title submit code and standard amendment pro- Utility Regulatory Policies Act of 1978 is to which was on the date of enactment of posals, with supporting evidence, sufficient amended by adding at the end the following: this paragraph either held by the United to enable the national model building energy ‘‘SEC. 610. FEDERAL RENEWABLE ELECTRICITY States for the benefit of any Indian tribe or codes and standards to meet the targets in STANDARD. individual or held by any Indian tribe or in- subsection (a)(1). ‘‘(a) DEFINITIONS.—For purposes of this sec- dividual subject to restriction by the United ‘‘(2) The Secretary shall provide technical tion: States against alienation; assistance to States to implement the re- ‘‘(1) BIOMASS.— ‘‘(C) any dependent Indian community; or quirements of this section, including proce- ‘‘(A) IN GENERAL.—The term ‘biomass’ ‘‘(D) any land conveyed to any Alaska Na- dures for States to demonstrate that their means each of the following: tive corporation under the Alaska Native code provisions achieve equivalent or greater ‘‘(i) Cellulosic (plant fiber) organic mate- Claims Settlement Act. energy savings than the national model rials from a plant that is planted for the pur- ‘‘(6) INDIAN TRIBE.—The term ‘Indian tribe’ codes and standards, and to improve and impose of being used to produce energy. means any Indian tribe, band, nation, or plement State residential and commercial ‘‘(ii) Nonhazardous, plant or algal matter other organized group or community, includ- building energy efficiency codes or to other- that is derived from any of the following: ing any Alaskan Native village or regional or wise promote the design and construction of ‘‘(I) An agricultural crop, crop byproduct village corporation as defined in or estab- energy efficient buildings. or residue resource. lished pursuant to the Alaska Native Claims ‘‘(f) AVAILABILITY OF INCENTIVE FUNDING.— ‘‘(II) Waste such as landscape or right-of- Settlement Act (43 U.S.C. 1601 et seq.), which (1) The Secretary shall provide incentive way trimmings (but not including municipal is recognized as eligible for the special pro- funding to States to implement the require- solid waste, recyclable postconsumer waste grams and services provided by the United ments of this section, and to improve and paper, painted, treated, or pressurized wood, States to Indians because of their status as implement State residential and commercial wood contaminated with plastic or metals). Indians. building energy efficiency codes, including ‘‘(iii) Animal waste or animal byproducts. ‘‘(7) RENEWABLE ENERGY.—The term ‘re- increasing and verifying compliance with ‘‘(iv) Landfill methane. newable energy’ means electric energy gen- such codes. In determining whether, and in ‘‘(B) NATIONAL FOREST LANDS AND CERTAIN erated by a renewable energy resource. what amount, to provide incentive funding OTHER PUBLIC LANDS.—With respect to or- ‘‘(8) RENEWABLE ENERGY RESOURCE.—The under this subsection, the Secretary shall ganic material removed from National For- term ‘renewable energy resource’ means consider the actions proposed by the State to est System lands or from public lands admin- solar, wind, ocean, tidal, geothermal energy, implement the requirements of this section, istered by the Secretary of the Interior, the biomass, landfill gas, incremental hydro- to improve and implement residential and term ‘biomass’ covers only organic material power, or hydrokinetic energy. commercial building energy efficiency codes, from (i) ecological forest restoration; (ii) ‘‘(9) REPOWERING OR COFIRING INCREMENT.— and to promote building energy efficiency pre-commercial thinnings; (iii) brush; (iv) The term ‘repowering or cofiring increment’ through the use of such codes. mill residues; and (v) slash. means— ‘‘(2) Additional funding shall be provided ‘‘(C) EXCLUSION OF CERTAIN FEDERAL ‘‘(A) the additional generation from a under this subsection for implementation of LANDS.—Notwithstanding subparagraph (B), modification that is placed in service on or a plan to achieve and document at least a 90 material or matter that would otherwise after January 1, 2001, to expand electricity percent rate of compliance with residential qualify as biomass are not included in the production at a facility used to generate and commercial building energy efficiency term biomass if they are located on the fol- electric energy from a renewable energy re- codes, based on energy performance— lowing Federal lands: source; ‘‘(A) to a State that has adopted and is im- ‘‘(i) Federal land containing old growth ‘‘(B) the additional generation above the plementing, on a Statewide basis— forest or late successional forest unless the average generation in the 3 years preceding ‘‘(i) a residential building energy efficiency Secretary of the Interior or the Secretary of the date of enactment of this section at a fa- code that meets or exceeds the requirements Agriculture determines that the removal of cility used to generate electric energy from of the 2006 IECC, or any succeeding version organic material from such land is appro- a renewable energy resource or to cofire bio- of that code that has received an affirmative priate for the applicable forest type and mass that was placed in service before the determination from the Secretary under sub- maximizes the retention of late-successional date of enactment of this section: or section (a)(2)(A)(i); and and large and old growth trees, late-succes- ‘‘(C) the portion of the electric generation ‘‘(ii) a commercial building energy effi- sional and old growth forest structure, and from a facility placed in service on or after ciency code that meets or exceeds the relate-successional and old growth forest com- January 1, 2001, or a modification to a facil- quirements of the ASHRAE Standard 90.1– position. ity placed in service before the date of enact- 2007, or any succeeding version of that stand- ‘‘(ii) Federal land on which the removal of ment of this section made on or after Janu- ard that has received an affirmative deter- vegetation is prohibited, including compo- ary 1, 2001, associated with cofiring biomass. mination from the Secretary under sub- nents of the National Wilderness Preserva- ‘‘(10) RETAIL ELECTRIC SUPPLIER.—(A) The section (a)(2)(A)(i); or tion System. term ‘retail electric supplier’ means a person ‘‘(B) in a State in which there is no State- ‘‘(iii) Wilderness Study Areas. that sells electric energy to electric con- wide energy code for either residential build- ‘‘(iv) Inventoried roadless areas. sumers (other than consumers in Hawaii)

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00061 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.002 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 19245 that sold not less than 1,000,000 megawatt- Required annual cility not directly associated with the effi- hours of electric energy to electric con- ‘‘Calendar Years percentage ciency improvements or capacity additions. sumers for purposes other than resale during 2011 ...... 2.75 ‘‘(C) The Secretary shall issue 2 renewable the preceding calendar year. For purposes of 2012 ...... 3.75 energy credits for each kilowatt hour of elec- this section, a person that sells electric en- 2013 ...... 4.5 tric energy generated and supplied to the ergy to electric consumers that, in combina- 2014 ...... 5.5 grid in that calendar year through the use of tion with the sales of any affiliate organized 2015 ...... 6.5 a renewable energy resource at an eligible after the date of enactment of this section, 2016 ...... 7.5 facility located on Indian land. For purposes sells not less that 1,000,000 megawatt hours 2017 ...... 8.25 of this paragraph, renewable energy gen- of electric energy to consumers for purposes 2018 ...... 10.25 erated by biomass cofired with other fuels is other than resale shall qualify as a retail 2019 ...... 12.25 eligible for two credits only if the biomass electric supplier. For purposes of this para- 2020 and thereafter through 2039 ..... 15 was grown on such land. ‘‘(D) For electric energy generated by a re- graph, sales by any person to a parent com- ‘‘(d) RENEWABLE ENERGY AND ENERGY EFFI- newable energy resource at an on-site eligi- pany or to other affiliates of such person CIENCY CREDITS.—(1) A retail electric sup- shall not be treated as sales to electric con- plier may satisfy the requirements of sub- ble facility no larger than one megawatt in sumers. section (b)(1) through the submission of Fed- capacity and used to offset part or all of the ‘‘(B) Such term does not include the United eral renewable energy credits— customer’s requirements for electric energy, States, a State or any political subdivision ‘‘(A) issued to the retail electric supplier the Secretary shall issue 3 renewable energy of a State, or any agency, authority, or in- under subsection (e); credits to such customer for each kilowatt strumentality of any one or more of the fore- ‘‘(B) obtained by purchase or exchange hour generated. ‘‘(E) In the case of an on-site eligible facil- going, or a rural electric cooperative, except under subsection (f) or (g); or ity on Indian land no more than 3 credits per that a political subdivision of a State, or an ‘‘(C) borrowed under subsection (h). kilowatt hour may be issued. agency, authority, or instrumentality of the ‘‘(2) A retail electric supplier may satisfy ‘‘(F) If both a renewable energy resource United States, a State or a political subdivi- the requirements of subsection (b)(2) through and a non-renewable energy resource are sion of a State, or a rural electric coopera- the submission of Federal energy efficiency used to generate the electric energy, the Sec- tive that sells electric energy to electric credits issued to the retail electric supplier retary shall issue the Federal renewable en- consumers or any other entity that sells obtained by purchase or exchange pursuant ergy credits based on the proportion of the electric energy to electric consumers that to subsection (i). would not otherwise qualify as a retail elec- renewable energy resources used. ‘‘(3) A Federal renewable energy credit ‘‘(G) When a generator has sold electric en- tric supplier shall be deemed a retail electric may be counted toward compliance with sub- supplier if such entity notifies the Secretary ergy generated through the use of a renew- section (b)(1) only once. A Federal energy ef- able energy resource to a retail electric sup- that it voluntarily agrees to participate in ficiency credit may be counted toward com- the Federal renewable electricity standard plier under a contract for power from an ex- pliance with subsection (b)(2) only once. program. isting facility, and the contract has not de- ‘‘(e) ISSUANCE OF FEDERAL RENEWABLE EN- ‘‘(11) RETAIL ELECTRIC SUPPLIER’S BASE termined ownership of the Federal renewable ERGY CREDITS.—(1) The Secretary shall es- AMOUNT.—The term ‘retail electric supplier’s energy credits associated with such genera- tablish by rule, not later than 1 year after base amount’ means the total amount of tion, the Secretary shall issue such Federal the date of enactment of this section, a pro- electric energy sold by the retail electric renewable energy credits to the retail elec- gram to verify and issue Federal renewable supplier, expressed in terms of kilowatt tric supplier for the duration of the contract. energy credits to generators of renewable en- hours, to electric customers for purposes ‘‘(H) Payments made by a retail electricity ergy, track their sale, exchange, and retire- other than resale during the most recent cal- supplier, directly or indirectly, to a State for ment and to enforce the requirements of this endar year for which information is avail- compliance with a State renewable portfolio section. To the extent possible, in estab- able, excluding— standard program, or for an alternative com- lishing such program, the Secretary shall ‘‘(A) electric energy that is not incre- pliance mechanism, shall be valued at one rely upon existing and emerging State or re- mental hydropower generated by a hydro- credit per kilowatt hour for the purpose of gional tracking systems that issue and track electric facility; and subsection (b)(2) based on the amount of non-Federal renewable energy credits. ‘‘(B) electricity generated through the in- electric energy generation from renewable ‘‘(2) An entity that generates electric en- resources and electricity savings up to 27 cineration of municipal solid waste. ergy through the use of a renewable energy ‘‘(b) COMPLIANCE.—For each calendar year percent of the utility’s requirement that re- resource may apply to the Secretary for the beginning in calendar year 2010, each retail sults from those payments. electric supplier shall meet the requirements issuance of renewable energy credits. The ap- ‘‘(f) EXISTING FACILITIES.—The Secretary of subsection (c) by submitting to the Sec- plicant must demonstrate that the electric shall ensure that a retail electric supplier retary, not later than April 1 of the fol- energy will be transmitted onto the grid or, that acquires Federal renewable energy cred- lowing calendar year, one or more of the fol- in the case of a generation offset, that the its associated with the generation of renew- lowing: electric energy offset would have otherwise able energy from an existing facility may ‘‘(1) Federal renewable energy credits been consumed on site. The application shall use such credits for purpose of its compli- issued under subsection (e). indicate— ance with subsection (b)(1). Such credits may ‘‘(2) Federal energy efficiency credits ‘‘(A) the type of renewable energy resource not be sold, exchanged, or transferred for the issued under subsection (i), except that Fed- used to produce the electricity; purpose of compliance by another retail elec- eral energy efficiency credits may not be ‘‘(B) the location where the electric energy tric supplier. used to meet more than 27 percent of the re- was produced; and ‘‘(g) RENEWABLE ENERGY CREDIT TRAD- quirements of subsection (c) in any calendar ‘‘(C) any other information the Secretary ING.—(1) A Federal renewable energy credit, year. Energy efficiency credits may only be determines appropriate. may be sold, transferred, or exchanged by used for compliance in a State where the ‘‘(3)(A) Except as provided in subpara- the entity to whom issued or by any other Governor has petitioned the Secretary pur- graphs (B), (C), and (D), the Secretary shall entity who acquires the Federal renewable suant to subjection (i)(2). issue to a generator of electric energy one energy credit, except for those renewable en- ‘‘(3) Certification of the renewable energy Federal renewable energy credit for each kil- ergy credits from existing facilities. A Fed- generated and electricity savings pursuant owatt hour of electric energy generated by eral renewable energy credit for any year to the funds associated with State compli- the use of a renewable energy resource at an that is not submitted to satisfy the min- ance payments as specified in subsection eligible facility. imum renewable generation requirement of (e)(3)(G). ‘‘(B) For purpose of compliance with this subsection (c) for that year may be carried ‘‘(4) Alternative compliance payments pur- section, Federal renewable energy credits for forward for use pursuant to subsection (b)(1) suant to subsection (j). incremental hydropower shall be based, on within the next 3 years. ‘‘(c) REQUIRED ANNUAL PERCENTAGE.—For the increase in average annual generation re- ‘‘(2) A federally owned or cooperatively calendar years 2010 through 2039, the resulting from the efficiency improvements or owned utility, or a State or subdivision quired annual percentage of the retail elec- capacity additions. The incremental genera- thereof, that is not a retail electric supplier tric supplier’s base amount that shall be gen- tion shall be calculated using the same water that generates electric energy by the use of erated from renewable energy resources, or flow information used to determine a his- a renewable energy resource at an eligible otherwise credited towards such percentage toric average annual generation baseline for facility may only sell, transfer or exchange a requirement pursuant to subsection (d), shall the hydroelectric facility and certified by Federal renewable energy credit to a coop- be the percentage specified in the following the Secretary or the Federal Energy Regu- eratively owned utility or an agency, author- table: latory Commission. The calculation of the ity, or instrumentality of a State or political Required annual Federal renewable energy credits for incre- subdivision of a State that is a retail electric ‘‘Calendar Years percentage mental hydropower shall not be based on any supplier that has acquired the electric en- 2010 ...... 2.75 operational changes at the hydroelectric fa- ergy associated with the credit.

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00062 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.002 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19246 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 September 16, 2008

‘‘(3) The Secretary may delegate to an ap- utable to electrical or mechanical power, or ‘‘(j) ENFORCEMENT.—A retail electric sup- propriate market-making entity the admin- both, produced by modifying an industrial or plier that does not comply with subsection istration of a national tradeable renewable commercial system that was in operation be- (b) shall be liable for the payment of a civil energy credit market and a national energy fore July 1, 2007, in order to recapture energy penalty. That penalty shall be calculated on efficiency credit market for purposes of cre- that would otherwise be wasted. the basis of the number of kilowatt-hours ating a transparent national market for the ‘‘(2) PETITION.—The Governor of a State represented by the retail electric supplier’s sale or trade of renewable energy credits and may petition the Secretary to allow up to 27 failure to comply with subsection (b), multi- a transparent national market for the sale or percent of the requirements of a retail elec- plied by the lesser of 4.5 cents (adjusted for trade of Federal energy efficiency credits. tric supplier under subsection (c) in the inflation for such calendar year, based on the ‘‘(h) RENEWABLE ENERGY CREDIT BOR- State to be met by submitting Federal en- Gross Domestic Product Implicit Price ROWING.—At any time before the end of cal- ergy efficiency credits issued pursuant to Deflator) or 300 percent of the average mar- endar year 2012, a retail electric supplier this subsection. ket value of Federal renewable energy cred- that has reason to believe it will not be able ‘‘(3) ISSUANCE OF CREDITS.—(A) Upon peti- its and energy efficiency credits for the com- to fully comply with subsection (b) may— tion by the Governor, the Secretary shall pliance period. Any such penalty shall be due ‘‘(1) submit a plan to the Secretary dem- issue energy efficiency credits for electricity and payable without demand to the Sec- onstrating that the retail electric supplier savings described in subparagraph (B) retary as provided in the regulations issued will earn sufficient Federal renewable energy achieved in States described in paragraph (2) under subsection (e). credits and Federal energy efficiency credits in accordance with this subsection. ‘‘(k) ALTERNATIVE COMPLIANCE PAY- within the next 3 calendar years which, when ‘‘(B) In accordance with regulations pro- MENTS.—The Secretary shall accept payment taken into account, will enable the retail mulgated by the Secretary, the Secretary equal to the lesser of: electric supplier to meet the requirements of shall issue credits for— ‘‘(1) 200 percent of the average market subsection (b) for calendar year 2012 and the ‘‘(i) qualified electricity savings achieved value of Federal renewable energy credits subsequent calendar years involved; and by a retail electric supplier in a calendar and Federal energy efficiency credits for the ‘‘(2) upon the approval of the plan by the year; and applicable compliance period; or Secretary, apply Federal renewable energy ‘‘(ii) qualified electricity savings achieved ‘‘(2) 2.5 cents per kilowatt hour adjusted on credits and Federal energy efficiency credits by other entities if— January 1 of each year following calendar that the plan demonstrates will be earned ‘‘(I) the measures used to achieve the year 2006 based on the Gross Domestic Prod- within the next 3 calendar years to meet the qualifying electricity savings were installed uct Implicit Price Deflator, requirements of subsection (b) for each cal- or placed in operation by the entity seeking as a means of compliance under subsection endar year involved. the credit or the designated agent of the en- (b)(4) ‘‘(l) INFORMATION COLLECTION.—The Sec- The retail electric supplier must repay all of tity; and ‘‘(II) no retail electric supplier paid a sub- retary may collect the information nec- the borrowed Federal renewable energy cred- essary to verify and audit— its and Federal energy efficiency credits by stantial portion of the cost of achieving the ‘‘(1) the annual renewable energy genera- submitting an equivalent number of Federal qualified electricity savings (unless the re- tion of any retail electric supplier, Federal renewable energy credits and Federal energy tail electric supplier has waived any entitle- renewable energy credits submitted by a re- efficiency credits, in addition to those other- ment to the credit). ‘‘(4) MEASUREMENT AND VERIFICATION OF tail electric supplier pursuant to subsection wise required under subsection (b), by cal- ELECTRICITY SAVINGS.—Not later than June (b)(1) and Federal energy efficiency credits endar year 2020 or any earlier deadlines spec- 30, 2009, the Secretary shall promulgate regu- submitted by a retail electric supplier pursu- ified in the approved plan. Failure to repay lations regarding the measurement and ant to subsection (b)(2); the borrowed Federal renewable energy cred- verification of electricity savings under this ‘‘(2) annual electricity savings achieved its and Federal energy efficiency credits subsection, including regulations covering— pursuant to subsection (i); shall subject the retail electric supplier to ‘‘(A) procedures and standards for defining ‘‘(3) the validity of Federal renewable en- civil penalties under subsection (i) for viola- and measuring electricity savings that will ergy credits submitted for compliance by a tion of the requirements of subsection (b) for be eligible to receive credits under paragraph retail electric supplier to the Secretary; and each calendar year involved. (3), which shall— ‘‘(4) the quantity of electricity sales of all ‘‘(i) ENERGY EFFICIENCY CREDITS.— ‘‘(i) specify the types of energy efficiency retail electric suppliers. ‘‘(1) DEFINITIONS.—In this subsection— and energy conservation that will be eligible ‘‘(m) ENVIRONMENTAL SAVINGS CLAUSE.—In- ‘‘(A) CUSTOMER FACILITY SAVINGS.—The for the credits; cremental hydropower shall be subject to all term ‘customer facility savings’ means a re- ‘‘(ii) require that energy consumption for applicable environmental laws and licensing duction in end-use electricity at a facility of customer facilities or portions of facilities in and regulatory requirements. an end-use consumer of electricity served by the applicable base and current years be ad- ‘‘(n) STATE PROGRAMS.—(1) Nothing in this a retail electric supplier, as compared to— justed, as appropriate, to account for section diminishes any authority of a State ‘‘(i) consumption at the facility during a changes in weather, level of production, and or political subdivision of a State to— base year; building area; ‘‘(A) adopt or enforce any law or regulation ‘‘(ii) in the case of new equipment (regard- ‘‘(iii) account for the useful life of elec- respecting renewable energy or energy effi- less of whether the new equipment replaces tricity savings measures; ciency, including but not limited to pro- existing equipment at the end of the useful ‘‘(iv) include specified electricity savings grams that exceed the required amount of re- life of the existing equipment), consumption values for specific, commonly-used efficiency newable energy or energy efficiency under by the new equipment of average efficiency; measures; this section, or or ‘‘(v) specify the extent to which electricity ‘‘(B) regulate the acquisition and disposi- ‘‘(iii) in the case of a new facility, con- savings attributable to measures carried out tion of Federal renewable energy credits and sumption at a reference facility. before the date of enactment of this section Federal energy efficiency credits by retail ‘‘(B) ELECTRICITY SAVINGS.—The term ‘elec- are eligible to receive credits under this sub- electric suppliers. tricity savings’ means— section; and No law or regulation referred to in subpara- ‘‘(i) customer facility savings of electricity ‘‘(vi) exclude electricity savings that (I) graph (A) shall relieve any person of any re- consumption adjusted to reflect any associ- are not properly attributable to measures quirement otherwise applicable under this ated increase in fuel consumption at the fa- carried out by the entity seeking the credit; section. The Secretary, in consultation with cility; or (II) have already been credited under this States having renewable energy programs ‘‘(ii) reductions in distribution system section to another entity; and energy efficiency programs, shall pre- losses of electricity achieved by a retail elec- ‘‘(B) procedures and standards for third- serve the integrity of such State programs, tricity distributor, as compared to losses party verification of reported electricity sav- including programs that exceed the required during the base years; ings; and amount of renewable energy and energy effi- ‘‘(iii) the output of new combined heat and ‘‘(C) such requirements for information, re- ciency under this section, and shall facili- power systems, to the extent provided under ports, and access to facilities as may be nec- tate coordination between the Federal pro- paragraph (5); and essary to carry out this subsection. gram and State programs. ‘‘(iv) recycled energy savings. ‘‘(5) COMBINED HEAT AND POWER.—Under ‘‘(2) In the rule establishing the program ‘‘(C) QUALIFYING ELECTRICITY SAVINGS.— regulations promulgated by the Secretary, under this section, the Secretary shall incor- The term ‘qualifying electricity savings’ the increment of electricity output of a new porate common elements of existing renew- means electricity savings that meet the combined heat and power system that is at- able energy and energy efficiency programs, measurement and verification requirements tributable to the higher efficiency of the including State programs, to ensure adminis- of paragraph (4). combined system (as compared to the effi- trative ease, market transparency, and effec- ‘‘(D) RECYCLED ENERGY SAVINGS.—The term ciency of separate production of the electric tive enforcement. The Secretary shall work ‘recycled energy savings’ means a reduction and thermal outputs), shall be considered with the States to minimize administrative in electricity consumption that is attrib- electricity savings under this subsection. burdens and costs to retail electric suppliers.

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00063 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.002 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 19247

‘‘(o) RECOVERY OF COSTS.—An electric util- subsection. At least 75 percent of the funds (1) RESIDENTIAL STRUCTURES.—A residen- ity whose sales of electric energy are subject provided to each State shall be used for pro- tial single family or multifamily structure to rate regulation, including any utility moting renewable energy production and en- shall be considered to comply with the en- whose rates are regulated by the Commission ergy efficiency through grants, production ergy efficiency requirements under this sub- and any State regulated electric utility, incentives or other state-approved funding section if— shall not be denied the opportunity to re- mechanisms. The funds shall be allocated to (A) the structure complies with the appli- cover the full amount of the prudently in- the States on the basis of retail electric sales cable provisions of the American Society of curred incremental cost of renewable energy subject to the Renewable electricity Stand- Heating, Refrigerating, and Air-Conditioning and energy efficiency obtained to comply ard under this section or through voluntary Engineers Standard 90.1–2007, as such stand- with the requirements of subsection (b). For participation. State agencies receiving ard or successor standard is in effect for pur- purposes of this subsection, the definitions grants under this section shall maintain poses of this section pursuant subsection (c); in section 3 of this Act shall apply to the such records and evidence of compliance as (B) the structure complies with the appli- terms electric utility, State regulated elec- the Secretary may require.’’. cable provisions of the 2006 International En- tric utility, State agency, Commission, and (b) TABLE OF CONTENTS.—The table of con- ergy Conservation Code, as such standard or State regulatory authority. tents for such title is amended by adding the successor standard is in effect for purposes of ‘‘(p) PROGRAM REVIEW.—The Secretary following new item at the end: this section pursuant subsection (c); shall enter into a contract with the National ‘‘Sec. 610. Federal renewable electricity (C) in the case only of an existing struc- Academy of Sciences to conduct a com- standard.’’. ture, where determined cost effective, the prehensive evaluation of all aspects of the (c) SUNSET.—Section 610 of such title and structure has undergone rehabilitation or program established under this section, the item relating to such section 610 in the improvements, completed after the date of within 8 years of enactment of this section. table of contents for such title are each re- the enactment of this Act, and the energy The study shall include an evaluation of— pealed as of December 31, 2039. consumption for the structure has been re- ‘‘(1) the effectiveness of the program in in- TITLE VI—GREEN RESOURCES FOR duced by at least 20 percent from the pre- creasing the market penetration and low- ENERGY EFFICIENT NEIGHBORHOODS vious level of consumption, as determined in ering the cost of the eligible renewable en- SEC. 601. SHORT TITLE AND TABLE OF CON- accordance with energy audits performed ergy and energy efficiency technologies; TENTS. both before and after any rehabilitation or ‘‘(2) the opportunities for any additional This title may be cited as the ‘‘Green Re- improvements undertaken to reduce such technologies and sources of renewable energy sources for Energy Efficient Neighborhoods consumption; or and energy efficiency emerging since enact- Act of 2008’’ or the ‘‘GREEN Act of 2008’’. (D) the structure complies with the appli- ment of this section; SEC. 602. DEFINITIONS. cable provisions of such other energy effi- ‘‘(3) the impact on the regional diversity For purposes of this title, the following ciency requirements, standards, checklists, and reliability of supply sources, including definitions shall apply: or ratings systems as the Secretary may the power quality benefits of distributed gen- adopt and apply by regulation, as may be (1) GREEN BUILDING STANDARDS.—The term eration; ‘‘green building standards’’ means standards necessary, for purposes of this section for ‘‘(4) the regional resource development rel- to require use of sustainable design prin- specific types of residential single family or ative to renewable potential and reasons for ciples to reduce the use of nonrenewable re- multifamily structures or otherwise, except any under investment in renewable resources, encourage energy-efficient construc- that the Secretary shall make a determina- sources; and tion and rehabilitation and the use of renew- tion regarding whether to adopt and apply ‘‘(5) the net cost/benefit of the renewable able energy resources, minimize the impact any such requirements, standards, check- electricity standard to the national and of development on the environment, and im- lists, or rating system for purposes of this State economies, including retail power prove indoor air quality. section not later than the expiration of the costs, economic development benefits of in- (2) HUD.—The term ‘‘HUD’’ means the De- 180-day period beginning upon the date of re- vestment, avoided costs related to environ- partment of Housing and Urban Develop- ceipt of any written request, made in such mental and congestion mitigation investment. form as the Secretary shall provide, for such ments that would otherwise have been re- adoption and application. (3) HUD ASSISTANCE.—The term ‘‘HUD as- quired, impact on natural gas demand and sistance’’ means financial assistance that is In addition to compliance with any of sub- price, effectiveness of green marketing pro- awarded, competitively or noncompetitively, paragraphs (A) through (D), the Secretary grams at reducing the cost of renewable reallocated by formula, or provided by HUD shall by regulation require, for any newly sources. through loan insurance or guarantee. constructed residential single family or mul- The Secretary shall transmit the results of tifamily structure to be considered to com- (4) NONRESIDENTIAL STRUCTURE.—The term the evaluation and any recommendations for ‘‘nonresidential structures’’ means only non- ply with the energy efficiency requirements modifications and improvements to the pro- residential structures that are appurtenant under this subsection, that the structure gram to Congress not later than January 1, to single family or multifamily housing resi- have appropriate electrical outlets with the 2016. dential structures, or those that are funded facility and capacity to recharge a standard ‘‘(q) STATE RENEWABLE ENERGY AND EN- by the Secretary of Housing and Urban De- electric passenger vehicle, including an elec- ERGY EFFICIENCY ACCOUNT PROGRAM.—(1) velopment through the HUD Community De- tric hybrid vehicle, where such vehicle would There is established in the Treasury a State velopment Block Grant program. normally be parked. renewable energy and energy efficiency ac- (2) NONRESIDENTIAL STRUCTURES.—For pur- (5) SECRETARY.—The term ‘‘Secretary’’, un- count program. less otherwise specified, means the Secretary poses of this section, the Secretary shall ‘‘(2) All money collected by the Secretary of Housing and Urban Development. identify and adopt by regulation, as may be from the alternative compliance payments necessary, energy efficiency requirements, SEC. 603. IMPLEMENTATION OF ENERGY EFFI- under subsection (k) shall be deposited into CIENCY PARTICIPATION INCEN- standards, checklists, or rating systems ap- the State renewable energy and energy effi- TIVES FOR HUD PROGRAMS. plicable to nonresidential structures that are ciency account established pursuant to this (a) IN GENERAL.—Not later than 180 days constructed or rehabilitated with HUD as- subsection. after the date of the enactment of this Act, sistance. A nonresidential structure shall be ‘‘(3) Proceeds deposited in the State renew- the Secretary shall issue such regulations as considered to comply with the energy effi- able energy and energy efficiency account may be necessary to establish annual energy ciency requirements under this subsection if shall be used by the Secretary, subject to an- efficiency participation incentives to encour- the structure complies with the applicable nual appropriations, for a program to pro- age participants in programs administered provisions of any such energy efficiency re- vide grants to the State agency responsible by the Secretary, including recipients under quirements, standards, checklist, or rating for administering a fund to promote renew- programs for which HUD assistance is pro- systems identified and adopted by the Sec- able energy generation and energy efficiency vided, to achieve substantial improvements retary pursuant to this paragraph, as such for customers of the State, or an alternative in energy efficiency. standards are in effect for purposes of this agency designated by the State, or if no such (b) REQUIREMENT FOR APPROPRIATION OF section pursuant to subsection (c). agency exists, to the State agency devel- FUNDS.—The requirement under subsection (b) ADDITIONAL CREDIT FOR COMPLIANCE oping State energy conservation plans under (a) for the Secretary to provide annual en- WITH ENHANCED ENERGY EFFICIENCY STAND- section 363 of the Energy Policy and Con- ergy efficiency participation incentives pur- ARDS.— servation Act (42 U.S.C. 6322) for the pursuant to the provisions of this title shall be (1) IN GENERAL.—In addition to compliance poses of promoting renewable energy produc- subject to the annual appropriation of nec- with the energy efficiency requirements tion and providing energy assistance and essary funds. under subsection (a), a residential or non- weatherization services to low-income con- SEC. 604. MINIMUM HUD ENERGY EFFICIENCY residential structure shall be considered to sumers. STANDARDS AND STANDARDS FOR comply with the enhanced energy efficiency ‘‘(4) The Secretary may issue guidelines ADDITIONAL CREDIT. and conservation standards or the green and criteria for grants awarded under this (a) MINIMUM HUD STANDARD.— building standards under this subsection, to

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00064 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.002 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19248 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 September 16, 2008 the extent that such structure complies with checklist, or rating system for purposes of standing otherwise applicable limitations on the applicable provisions of the standards this section not later than the expiration of dividends; under paragraph (2) or (3), respectively (as the 180-day period beginning upon date of re- (5) promotes the installation, in existing such standards are in effect for purposes of ceipt of any written request, made in such residential buildings, of energy-efficient and this section, pursuant to subsection (c)), in a form as the Secretary shall provide, for such cost-effective improvements and renewable manner that is not required for compliance adoption and application. energy improvements, such as improvements with the energy efficiency requirements (4) GREEN BUILDING.—For purposes of this providing for use of solar, wind, geothermal, under subsection (a) and subject to the Sec- subsection, the term ‘‘green building’’ or biomass energy sources; retary’s determination of which standards means, with respect to standards for struc- (6) tests the efficacy of a variety of energy are applicable to which structures. tures, standards to require use of sustainable efficiency measures for multifamily housing (2) ENERGY EFFICIENCY AND CONSERVATION design principles to reduce the use of non- projects of various sizes and in various geo- STANDARDS.—The energy efficiency and con- renewable resources, minimize the impact of graphic locations; servation standards under this paragraph are development on the environment, and to im- (7) tests methods for addressing the var- as follows: prove indoor air quality. ious, and often competing, incentives that (A) RESIDENTIAL STRUCTURES.—With re- (5) ENERGY AUDITS.—The Secretary shall impede owners and residents of multifamily spect to residential structures: establish standards and requirements for en- housing projects from working together to (i) NEW CONSTRUCTION.—For new construc- ergy audits for purposes of paragraph achieve energy efficiency or conservation; tion, the Energy Star standards established (2)(A)(ii) and, in establishing such standards, and by the Environmental Protection Agency, as may consult with any advisory committees (8) creates a database of energy efficiency such standards are in effect for purposes of established pursuant to section 605(c)(2) of and conservation, and renewable energy, this subsection pursuant to subsection (c); this title. techniques, energy savings management (ii) EXISTING STRUCTURES.—For existing (c) APPLICABILITY AND UPDATING OF STAND- practices, and energy efficiency and con- structures, a reduction in energy consump- ARDS.— servation financing vehicles. tion from the previous level of consumption (1) APPLICABILITY.—Except as provided in (c) APPROACHES.—In carrying out the dem- for the structure, as determined in accord- paragraph (2), the requirements, standards, onstration program under this section, the ance with energy audits performed both be- checklists, and rating systems referred to in Secretary may— (1) enter into agreements with the Building fore and after any rehabilitation or improve- subsections (a) and (b) that are in effect for America Program of the Department of En- ments undertaken to reduce such consump- purposes of this section are such require- ergy and other consensus committees under tion, that exceeds the reduction necessary ments, standards, checklists, and systems which such programs, partnerships, or com- for compliance with the energy efficiency re- are as in existence upon the date of the en- mittees assume some or all of the functions, quirement under subsection (a)(1)(C). actment of this Act. obligations, and benefits of the Secretary (B) NONRESIDENTIAL STRUCTURES.—With re- (2) UPDATING.—For purposes of this sec- with respect to energy savings; spect to nonresidential structures, such en- tion, the Secretary may adopt and apply by (2) establish advisory committees to advise ergy efficiency and conservation require- regulation, as may be necessary, future the Secretary and any such third party part- ments, standards, checklists, or rating sys- amendments and supplements to, and edi- ners on technological and other develop- tems for nonresidential structures as the tions of, the requirements, standards, check- ments in the area of energy efficiency and lists, and rating systems referred to in sub- Secretary shall identify and adopt by regula- the creation of an energy efficiency and con- sections (a) and (b). tion, as may be necessary, for purposes of servation credit facility and other financing this paragraph. SEC. 605. ENERGY EFFICIENCY AND CONSERVA- opportunities, which committees shall in- (3) GREEN BUILDING STANDARDS.—The green TION DEMONSTRATION PROGRAM FOR MULTIFAMILY HOUSING clude representatives of homebuilders, real- building standards under this paragraph are tors, architects, nonprofit housing organiza- as follows: PROJECTS ASSISTED WITH PROJECT-BASED RENTAL ASSIST- tions, environmental protection organiza- (A) The national Green Communities cri- ANCE. tions, renewable energy organizations, and teria checklist for residential construction (a) AUTHORITY.—For multifamily housing advocacy organizations for the elderly and that provides criteria for the design, devel- projects for which project-based rental as- persons with disabilities; any advisory com- opment, and operation of affordable housing, sistance is provided under a covered multi- mittees established pursuant to this para- as such checklist or successor checklist is in family assistance program, the Secretary graph shall not be subject to the Federal Ad- effect for purposes of this section pursuant shall, subject to the availability of amounts visory Committee Act (5 U.S.C. App.); to subsection (c). provided in advance in appropriation Acts, (3) approve, for a period not to exceed 10 (B) The gold certification level for the carry out a program to demonstrate the ef- years, additional adjustments in the max- LEED for New Construction rating system, fectiveness of funding a portion of the costs imum monthly rents or additional project the LEED for Homes rating system, the of meeting the enhanced energy efficiency rental assistance, or additional Indian hous- LEED for Core and Shell rating system, as standards under section 604(b). At the discre- ing block grant funds under the Native applicable, as such systems or successor sys- tion of the Secretary, the demonstration American Housing Assistance and Self-De- tems are in effect for purposes of this section program may include incentives for housing termination Act of 1996, as applicable, for pursuant to subsection (c). that is assisted with Indian housing block dwelling units in multifamily housing (C) The Green Globes assessment and rat- grants provided pursuant to the Native projects that are provided project-based ing system of the Green Buildings Initiative. American Housing Assistance and Self-De- rental assistance under a covered multi- (D) For manufactured housing, energy star termination Act of 1996, but only to the ex- family assistance program, in such amounts rating with respect to fixtures, appliances, tent that such inclusion does not violate as may be necessary to amortize a portion of and equipment in such housing, as such such Act, its regulations, and the goal of the cost of energy efficiency and conserva- standard or successor standard is in effect such Act of tribal self-determination. tion measures for such projects; for purposes of this section pursuant to sub- (b) GOALS.—The demonstration program (4) develop a competitive process for the section (c). under this section shall be carried out in a award of such additional assistance for mul- (E) The National Green Building Standard, manner that— tifamily housing projects seeking to imple- but such standard shall apply for purposes of (1) protects the financial interests of the ment energy efficiency, renewable energy this paragraph only— Federal Government; sources, or conservation measures; and (i) if such standard is ratified under the (2) reduces the proportion of funds provided (5) waive or modify any existing statutory American National Standards Institute proc- by the Federal Government and by owners or regulatory provision that would otherwise ess; and residents of multifamily housing impair the implementation or effectiveness (ii) upon expiration of the 180-day period projects that are used for costs of utilities of the demonstration program under this beginning upon such ratification; and for the projects; section, including provisions relating to (iii) if, during such 180-day period, the Sec- (3) encourages energy efficiency and con- methods for rent adjustments, comparability retary of Housing and Urban Development servation by owners and residents of multi- standards, maximum rent schedules, and does not reject the applicability of such family housing projects and installation of utility allowances; notwithstanding the pre- standard for purposes of this paragraph. renewable energy improvements, such as im- ceding provisions of this paragraph, the Sec- (F) Any other requirements, standards, provements providing for use of solar, wind, retary may not waive any statutory require- checklists, or rating systems for green build- geothermal, or biomass energy sources; ment relating to fair housing, non- ing or sustainability as the Secretary may (4) creates incentives for project owners to discrimination, labor standards, or the envi- identify and adopt by regulation, as may be carry out such energy efficiency renovations ronment, except pursuant to existing author- necessary for purposes of this paragraph, ex- and improvements by allowing a portion of ity to waive non-statutory environmental cept that the Secretary shall make a deter- the savings in operating costs resulting from and other applicable requirements. mination regarding whether to adopt and such renovations and improvements to be re- (d) REQUIREMENT.—During the 4-year pe- apply any such requirements, standards, tained by the project owner, notwith- riod beginning 12 months after the date of

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00065 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.002 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 19249 the enactment of this Act, the Secretary (v) the difference, before and during par- ‘‘(I) comply with the requirements of such shall carry out demonstration programs ticipation in the demonstration program, in goals; and under this section with respect to not fewer the amount of the monthly assistance pay- ‘‘(II) support housing that meets the en- than 50,000 dwelling units. ments under the covered multifamily assist- ergy efficiency standards under section 604(a) (e) SELECTION.— ance program for each project assisted under of the Green Resources for Energy Efficient (1) SCOPE.—In order to provide a broad and the program; Neighborhoods Act of 2008; and representative profile for use in designing a (vi) the average length of the term of the ‘‘(ii) credit in addition to credit under program which can become operational and such assistance provided under the program clause (i), for purchases that both— effective nationwide, the Secretary shall for a project; ‘‘(I) comply with the requirements of such carry out the demonstration program under (vii) the aggregate amount of savings gen- goals, and this section with respect to dwelling units erated by the demonstration program and ‘‘(II) support housing that complies with located in a wide variety of geographic areas the amount of savings expected to be gen- the enhanced energy efficiency and conserva- and project types assisted by the various erated by the program over time on a per- tion standards, or the green building stand- covered multifamily assistance programs unit and aggregate program basis; ards, under section 604(b) of such Act, or and using a variety of energy efficiency and (viii) the functions performed in connec- both, conservation and funding techniques to re- tion with the implementation of the dem- and such additional credit shall be given flect differences in climate, types of dwelling onstration program that were transferred or based on the extent to which the housing units and technical and scientific meth- contracted out to any third parties; supported with such purchases complies with odologies, and financing options. The Sec- (ix) an evaluation of the overall successes such standards. retary shall ensure that the geographic areas and failures of the demonstration program; ‘‘(B) TREATMENT OF ADDITIONAL CREDIT.— included in the demonstration program in- and The availability of additional credit under clude dwelling units on Indian lands (as such (x) recommendations for any actions to be this paragraph shall not be used to increase term is defined in section 2601 of the Energy taken as a result of the such successes and any housing goal, subgoal, or target estab- Policy Act of 1992 (25 U.S.C. 3501), to the ex- failures. lished under this subpart.’’. tent that dwelling units on Indian land have (3) CONTENTS.—Each annual report pursu- SEC. 607. DUTY TO SERVE UNDERSERVED MAR- the type of residential structures that are ant to paragraph (1) and the final report pur- KETS FOR ENERGY-EFFICIENT AND the focus of the demonstration program. suant to paragraph (2) shall include— LOCATION-EFFICIENT MORTGAGES. (2) PRIORITY.—The Secretary shall provide (A) a description of the status of each mul- Section 1335 of Federal Housing Enter- priority for selection for participation in the tifamily housing project selected for partici- prises Financial Safety and Soundness Act of program under this section based on the ex- pation in the demonstration program under 1992 (12 U.S.C. 4565), as amended by the Fed- tent to which, as a result of assistance pro- this section; and eral Housing Finance Regulatory Reform vided, the project will comply with the en- (B) findings from the program and rec- Act of 2008 (Public Law 110–289; 122 Stat. ergy efficiency standards under subsection ommendations for any legislative actions. 2654), is amended— (1) in subsection (a)(1), by adding at the (a), (b), or (c) of section 604 of this title. (h) COVERED MULTIFAMILY ASSISTANCE PRO- end the following new subparagraph: (f) USE OF EXISTING PARTNERSHIPS.—To the GRAM.—For purposes of this section, the ‘‘(D) MARKETS FOR ENERGY-EFFICIENT AND extent feasible, the Secretary shall— term ‘‘covered multifamily assistance pro- LOCATION-EFFICIENT MORTGAGES.— (1) utilize the Partnership for Advancing gram’’ means— ‘‘(i) DUTY.—Subject to clause (ii), the en- Technology in Housing of the Department of (1) the program under section 8 of the terprise shall develop loan products and Housing and Urban Development to assist in United States Housing Act of 1937 (42 U.S.C. flexible underwriting guidelines to facilitate carrying out the requirements of this section 1437f) for project-based rental assistance; a secondary market for energy-efficient and and to provide education and outreach re- (2) the program under section 202 of the location-efficient mortgages on housing for garding the demonstration program author- Housing Act of 1959 (12 U.S.C. 1701q) for as- very low-, low-, and moderate income fami- ized under this section; and sistance for supportive housing for the elder- lies, and for second and junior mortgages (2) consult with the Secretary of Energy, ly; made for purposes of energy efficiency or re- the Administrator of the Environmental (3) the program under section 811 of the newable energy improvements, or both. Protection Agency, and the Secretary of the Cranston-Gonzalez National Affordable ‘‘(ii) AUTHORITY TO SUSPEND.—Notwith- Army regarding utilizing the Building Amer- Housing Act (42 U.S.C. 8013) for supportive standing any other provision of this section, ica Program of the Department of Energy, housing for persons with disabilities; and the Director may suspend the applicability the Energy Star Program, and the Army (4) the program for assistance under the of the requirement under clause (i) with re- Corps of Engineers, respectively, to deter- Native American Housing Assistance and spect to an enterprise, for such period as is mine the manner in which they might assist Self-Determination Act of 1996 (25 U.S.C. necessary, if the Director determines that in carrying out the goals of this section and 4111). exigent circumstances exist and such suspen- providing education and outreach regarding (i) AUTHORIZATION OF APPROPRIATIONS.— sion is appropriate to ensure the safety and the demonstration program authorized under There is authorized to be appropriated to soundness of the portfolio holdings of the en- this section. carry out this section $50,000,000 for each fis- terprise.’’; (g) REPORTS.— cal year in which the demonstration pro- (2) by adding at the end the following new (1) ANNUAL.—Not later than the expiration gram under this section is carried out. subsection: of the 2-year beginning upon the date of the (j) REGULATIONS.—Not later than the expi- ‘‘(e) DEFINITIONS.—For purposes of this sec- enactment of this Act, and for each year ration of the 180-day period beginning on the tion, the following definitions shall apply: thereafter during the term of the demonstra- date of the enactment of this Act, the Sec- ‘‘(1) ENERGY-EFFICIENT MORTGAGE.—The tion program, the Secretary shall submit a retary shall issue any regulations necessary term ‘energy efficient mortgage’ means a report to the Congress annually that de- to carry out this section. mortgage loan under which the income of scribes and assesses the demonstration pro- SEC. 606. ADDITIONAL CREDIT FOR FANNIE MAE the borrower, for purposes of qualification gram under this section. AND FREDDIE MAC HOUSING GOALS for such loan, is considered to be increased (2) FINAL.—Not later than six months after FOR ENERGY EFFICIENT MORT- by not less than $1 for each $1 of savings pro- the expiration of the 4-year period described GAGES. jected to be realized by the borrower as a rein subsection (d), the Secretary shall submit Section 1336(a) of the Housing and Commu- sult of cost-effective energy saving design, a final report to the Congress assessing the nity Development Act of 1992 (12 U.S.C. construction or improvements (including use demonstration program, which— 4566(a)), as amended by the Federal Housing of renewable energy sources, such as solar, (A) shall assess the potential for expanding Finance Regulatory Reform Act of 2008 (Pub- geothermal, biomass, and wind, super-insula- the demonstration program on a nationwide lic Law 110–289; 122 Stat. 2654), is amended— tion, energy-saving windows, insulating basis; and (1) in paragraph (2), by striking ‘‘paragraph glass and film, and radiant barrier) for the (B) shall include descriptions of— (5)’’ and inserting ‘‘paragraphs (5) and (6)’’; home for which the loan is made. (i) the size of each multifamily housing and ‘‘(2) LOCATION-EFFICIENT MORTGAGE.—The project for which assistance was provided (2) by adding at the end the following new term ‘location efficient mortgage’ means a under the program; paragraph: mortgage loan under which— (ii) the geographic location of each project ‘‘(6) ADDITIONAL CREDIT.— ‘‘(A) the income of the borrower, for pur- assisted, by State and region; ‘‘(A) IN GENERAL.—In assigning credit to- poses of qualification for such loan, is con- (iii) the criteria used to select the projects ward achievement under this section of the sidered to be increased by not less than $1 for for which assistance is provided under the housing goals for mortgage purchase activi- each $1 of savings projected to be realized by program; ties of the enterprises, the Director shall as- the borrower because the location of the (iv) the energy efficiency and conservation sign— home for which loan is made will result in measures and financing sources used for each ‘‘(i) more than 125 percent credit, for such decreased transportation costs for the house- project that is assisted under the program; purchases that both— hold of the borrower; or

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00066 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.002 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19250 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 September 16, 2008

‘‘(B) the sum of the principal, interest, ‘‘(4) With respect to each collection period ‘‘(B) REPORT.—Not later than 24 months taxes, and insurance due under the mortgage that commences after December 31, 2011, the after the date of the enactment of the Green loan is decreased by not less than $1 for each total number of loans guaranteed under sec- Resources for Energy Efficient Neighbor- $1 of savings projected to be realized by the tion 184 of the Housing and Community De- hoods Act of 2008, the Secretary shall provide borrower because the location of the home velopment Act of 1992 (12 U.S.C. 1715z–13a) on a written report to the Congress on the re- for which loan is made will result in de- single-family housing meeting the enhanced sults of work of the commission established creased transportation costs for the house- energy efficiency standards under section pursuant to subparagraph (A) and that iden- hold of the borrower.’’. 604(a) of the Green Resources for Energy Ef- tifies model mortgage products and under- ficient Neighborhoods Act of 2008 that are SEC. 608. CONSIDERATION OF ENERGY EFFI- writing guidelines that may encourage en- CIENCY UNDER FHA MORTGAGE IN- guaranteed by the Secretary during the ap- SURANCE PROGRAMS AND NATIVE plicable collection period, the number of de- ergy efficiency. AMERICAN AND NATIVE HAWAIIAN faults and foreclosures occurring on such ‘‘(2) IMPLEMENTATION.—After submission of LOAN GUARANTEE PROGRAMS. loans during such period, the percentage of the report under paragraph (1)(B), the Sec- (a) FHA MORTGAGE INSURANCE.— the total of such loans guaranteed during retary, in consultation and coordination (1) REQUIREMENT.—Title V of the National such period on which defaults and fore- with the Secretary of Energy, the Secretary Housing Act is amended by adding after sec- closure occurred, and the rate for such pe- of Education, and the Administrator of the tion 542 (12 U.S.C. 1735f–20) the following new riod of defaults and foreclosures on such Environmental Protection Agency, shall section: loans compared to the overall rate for such carry out a public awareness, education, and ‘‘SEC. 543. CONSIDERATION OF ENERGY EFFI- period of defaults and foreclosures on loans outreach campaign based on the findings of CIENCY. for single-family housing guaranteed under the commission established pursuant to ‘‘(a) UNDERWRITING STANDARDS.—The Sec- such section 184 by the Secretary.’’. retary shall establish a method to consider, paragraph (1) to inform and educate residen- (c) NATIVE HAWAIIAN HOUSING LOAN GUAR- in its underwriting standards for mortgages tial lenders and prospective borrowers re- ANTEES.— on single-family housing meeting the energy garding the availability, benefits, advan- (1) REQUIREMENT.—Section 184A of the tages, and terms of energy efficient mort- efficiency standards under section 604(a) of Housing and Community Development Act of gages made available pursuant to this sec- the Green Resources for Energy Efficient 1992 (12 U.S.C. 1715z–13b) is amended by in- Neighborhoods Act of 2008 that are insured serting after subsection (l) the following new tion, energy efficient mortgages that meet under this Act, the impact that savings on subsection: the requirements of section 1335 of the Hous- utility costs has on the income of the mort- ‘‘(m) ENERGY-EFFICIENT HOUSING REQUIRE- ing and Community Development Act of 1992 gagor. MENT.—The Secretary shall establish a meth- (42 U.S.C. 4565), and other mortgages, includ- ‘‘(b) GOAL.—It is the sense of the Congress od to consider, in its underwriting standards ing mortgages for multifamily housing, that that, in carrying out this Act, the Secretary for loans for single-family housing meeting have energy improvement features and to should endeavor to insure mortgages on sin- the energy efficiency standards under sec- gle-family housing meeting the energy effi- publicize such availability, benefits, advan- tion 604(a) of the Green Resources for Energy ciency standards under section 604(a) of the tages, and terms. Such actions may include Efficient Neighborhoods Act of 2008 that are Green Resources for Energy Efficient Neigh- entering into a contract with an appropriate guaranteed under this section, the impact borhoods Act of 2008 such that at least 50,000 entity to publicize and market such mort- that savings on utility costs has on the in- such mortgages are insured during the period gages through appropriate media. come of the borrower.’’. beginning upon the date of the enactment of ‘‘(3) RENEWABLE ENERGY HOME PRODUCT (2) REPORTING ON DEFAULTS.—Section 540(b) such Act and ending on December 31, 2012.’’. of the National Housing Act (12 U.S.C. 1735f– EXPOS.—The Congress hereby encourages the (2) REPORTING ON DEFAULTS.—Section 540(b) 18(b)), as amended by the preceding provi- Secretary of Housing and Urban Develop- of the National Housing Act (12 U.S.C. 1735f– sions of this section, is further amended by ment to work with appropriate entities to 18(b)) is amended by adding at the end the adding at the end the following new para- organize and hold renewable energy expo- following new paragraph: graph: sitions that provide an opportunity for the ‘‘(3) With respect to each collection period public to view and learn about renewable en- that commences after December 31, 2011, the ‘‘(5) With respect to each collection period ergy products for the home that are cur- total number of mortgages on single-family that commences after December 31, 2011, the rently on the market. housing meeting the energy efficiency stand- total number of loans guaranteed under sec- ards under section 604(a) of the Green Re- tion 184A of the Housing and Community De- ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— sources for Energy Efficient Neighborhoods velopment Act of 1992 (12 U.S.C. 1715z–13b) on There is authorized to be appropriated to the Act of 2008 that are insured by the Secretary single-family housing meeting the enhanced Secretary to carry out this subsection during the applicable collection period, the energy efficiency standards under section $5,000,000 for each of fiscal years 2009 through number of defaults and foreclosures occur- 604(a) of the Green Resources for Energy Ef- 2012.’’. ring on such mortgages during such period, ficient Neighborhoods Act of 2008 that are guaranteed by the Secretary during the ap- SEC. 610. COLLECTION OF INFORMATION ON EN- the percentage of the total of such mort- ERGY-EFFICIENT AND LOCATION EF- gages insured during such period on which plicable collection period, the number of defaults and foreclosures occurring on such FICIENT MORTGAGES THROUGH defaults and foreclosure occurred, and the HOME MORTGAGE DISCLOSURE ACT. rate for such period of defaults and fore- loans during such period, the percentage of closures on such mortgages compared to the the total of such loans guaranteed during (a) IN GENERAL.—Section 304(b) of the overall rate for such period of defaults and such period on which defaults and fore- Home Mortgage Disclosure Act of 1975 (12 foreclosures on mortgages for single-family closure occurred, and the rate for such pe- U.S.C. 2803(b)) is amended— housing insured under this Act by the Sec- riod of defaults and foreclosures on such (1) in paragraph (3), by striking ‘‘and’’ at retary.’’. loans compared to the overall rate for such the end; (b) INDIAN HOUSING LOAN GUARANTEES.— period of defaults and foreclosures on loans (2) in paragraph (4), by striking the period (1) REQUIREMENT.—Section 184 of the Hous- for single-family housing guaranteed under at the end and inserting a semicolon; and such section 184A by the Secretary.’’. ing and Community Development Act of 1992 (3) by adding at the end the following new (12 U.S.C. 1715z–13a) is amended— SEC. 609. ENERGY EFFICIENT MORTGAGES EDU- paragraphs: (A) by redesignating subsection (l) as sub- CATION AND OUTREACH CAMPAIGN. ‘‘(5) the number and dollar amount of section (m); and Section 106 of the Energy Policy Act of mortgage loans for single-family housing (B) by inserting after subsection (k) the 1992 (12 U.S.C. 1701z–16) is amended by adding and for multifamily housing that are energy- following new subsection: at the end the following new subsection: ‘‘(l) CONSIDERATION OF ENERGY EFFI- ‘‘(g) EDUCATION AND OUTREACH CAMPAIGN.— efficient mortgages (as such term is defined CIENCY.—The Secretary shall establish a ‘‘(1) DEVELOPMENT OF ENERGY-EFFICIENT in section 1335 of Housing and Community method to consider, in its underwriting MORTGAGE OUTREACH PROGRAM.— Development Act of 1992); and standards for loans for single-family housing ‘‘(A) COMMISSION.—The Secretary, in con- ‘‘(6) the number and dollar amount of meeting the energy efficiency standards sultation and coordination with the Sec- mortgage loans for single-family housing under section 604(a) of the Green Resources retary of Energy, the Secretary of Edu- and for multifamily housing that are loca- for Energy Efficient Neighborhoods Act of cation, the Secretary of Agriculture, and the tion-efficient mortgages (as such term is de- 2008 that are guaranteed under this section, Administrator of the Environmental Protec- fined in section 1335 of Housing and Commu- the impact that savings on utility costs has tion Agency, shall establish a commission to nity Development Act of 1992).’’. on the income of the borrower.’’. develop and recommend model mortgage (b) APPLICABILITY.—The amendment made (2) REPORTING ON DEFAULTS.—Section 540(b) products and underwriting guidelines that of the National Housing Act (12 U.S.C. 1735f– provide market-based incentives to prospec- by subsection (a) shall apply with respect to 18(b)), as amended by subsection (a)(2) of this tive home buyers, lenders, and sellers to in- the first calendar year that begins after the section, is further amended by adding at the corporate energy efficiency upgrades in new expiration of the 30-day period beginning on end the following new paragraph: mortgage loan transactions. the date of the enactment of this Act.

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00067 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.002 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 19251 SEC. 611. ENSURING AVAILABILITY OF HOME- (3) reducing the amount that the owner of duration necessary to realize cost savings OWNERS INSURANCE FOR HOMES such multifamily housing meeting the stand- sufficient to repay the loan; NOT CONNECTED TO ELECTRICITY ards referred to in subsection (a) is required (3) be secured by a mortgage subordinate GRID. to contribute. to the mortgage for the project that is in- (a) IN GENERAL.—In the case of any covered sured under the National Housing Act; and structure (as such term is defined in sub- SEC. 613. ENERGY EFFICIENCY CERTIFICATIONS FOR HOUSING WITH MORTGAGES IN- (4) provide for a reduction in the remaining section (d)), it shall be unlawful for any in- SURED BY FHA. principal obligation under the loan based on surer to deny homeowners insurance cov- Section 526 of the National Housing Act (12 the actual resulting cost savings realized erage for the structure, or to otherwise dis- U.S.C. 1735f–4(a)) is amended— from the capital improvements financed criminate in the issuance, cancellation, (1) in subsection (a)— with the loan. amount of such coverage, or conditions of (A) by striking ‘‘, other than manufactured (c) UNDERWRITING STANDARDS.—The Sec- such coverage for the structure, based solely homes,’’ each place such term appears; retary shall establish underwriting require- and without any additional actuarial risks (B) by inserting after the period at the end ments for loans made under the pilot pro- upon the fact that the structure is not con- the following: ‘‘The energy performance re- gram under this section, which shall— nected to, or able to receive electricity serv- quirements developed and established by the (1) require the cost savings projected to be ice from, any wholesale or retail electric Secretary under this section for manufac- realized from the capital improvements fi- power provider. tured homes shall require energy star rating nanced with the loan, during the term of the (b) CONSIDERATION OF ACTUARIAL RISK.— for wall fixtures, appliances, and equipment loan, to exceed the costs of repaying the Subsection (a) may not be construed to pre- in such housing.’’; vent any insurer from charging rates for loan; (C) by inserting ‘‘(1)’’ after ‘‘(a)’’; and (2) allow the designer or contractor in- homeowners insurance coverage for a struc- (D) by adding at the end the following new ture that are based on a good faith actuarial volved in designing capital improvements to paragraphs: be financed with a loan under the program to analysis of the risk associated with the ‘‘(2) The Secretary shall require, with restructure not being connected to, or able to carry out such capital improvements; and spect to any single- or multi-family residen- (3) include such energy, audit, property, fi- receive electricity service from, any whole- tial housing subject to a mortgage insured sale or retail electric power provide. Any nancial, ownership, and approval require- under this Act, that any approval or certifi- ments as the Secretary considers appro- good faith analysis of such risk shall include cation of the housing for meeting any energy analysis of the manner in which electric priate. efficiency or conservation criteria, stand- (d) TREATMENT OF SAVINGS.—The pilot pro- power for the structure is provided. ards, or requirements pursuant to this title (c) INSURING HOMES AND RELATED PROP- gram under this section shall provide that and any approval or certification required the project owner shall receive the full fi- ERTY IN INDIAN AREAS.—Notwithstanding any pursuant to this title with respect to energy other provision of law, covered structures lo- nancial benefit from any reduction in the conserving improvements or any renewable cost of utilities resulting from capital im- cated in Indian areas (as such term is defined energy sources, such as wind, solar energy in section 4 of the Native American Housing provements financed with a loan made under geothermal, or biomass, shall be conducted the program. Assistance and Self-Determination Act of only by an individual certified by a home en- 1996 (25 U.S.C. 4103)) and constructed or (e) COVERED ASSISTED HOUSING PROJECTS.— ergy rating system provider who has been ac- For purposes of this section, the term ‘‘cov- maintained using assistance, loan guaran- credited to conduct such ratings by the tees, or other authority under the Native ered assisted housing project’’ means a hous- Home Energy Ratings System Council, the ing project that— American Housing Assistance and Self-De- Residential Energy Services Network, or termination Act of 1996 may be insured by (1) is financed by a loan or mortgage that such other appropriate national organiza- is— any tribally owned self-insurance risk pool tion, as the Secretary may provide, or by li- approved by the Secretary of Housing and (A) insured by the Secretary under sub- censed professional architect or engineer. If section (d)(3) or (d)(4) of section 221 of the Urban Development. any organization makes a request to the Sec- National Housing Act (12 U.S.C. 1715l), and (d) COVERED STRUCTURE.—For purposes of retary for approval to accredit individuals to bears interest at a rate determined under the this section, the term ‘‘covered structure’’ conduct energy efficiency or conservation proviso of section 221(d)(5) of such Act; or means a residential structure that— ratings, the Secretary shall review and ap- (B) insured or assisted under section 236 of (1) consists of one to four dwelling units; prove or disapprove such request not later the National Housing Act (12 U.S.C. 1715z–1); (2) is provided power, heat, or electricity than the expiration of the 6-month period be- (2) at the time a loan under this section is from renewable energy sources (such as ginning upon receipt of such request. solar, wind, geothermal, or biomass) or a fuel ‘‘(3) The Secretary shall periodically exam- made, is provided project-based rental assist- cell; and ine the method used to conduct inspections ance under section 8 of the United States (3) is not connected to any wholesale or re- for compliance with the requirements under Housing Act of 1937 (42 U.S.C. 1437f) for 50 tail electrical power grid. this section, analyze various other ap- percent or more of the dwelling units in the SEC. 612. MORTGAGE INCENTIVES FOR ENERGY- proaches for conducting such inspections, project; and EFFICIENT MULTIFAMILY HOUSING. and review the costs and benefits of the cur- (3) is not a housing project owned or held (a) IN GENERAL.—The Secretary of Housing rent method compared with other methods.’’; by the Secretary, or subject to a mortgage and Urban Development shall establish in- and held by the Secretary. centives for increasing the energy efficiency (2) in subsection (b), by striking ‘‘, other SEC. 615. RESIDENTIAL ENERGY EFFICIENCY of multifamily housing that is subject to a than a manufactured home,’’. BLOCK GRANT PROGRAM. mortgage to be insured under title II of the SEC. 614. ASSISTED HOUSING ENERGY LOAN Title I of the Housing and Community De- National Housing Act (12 U.S.C. 1707 et seq.) PILOT PROGRAM. velopment Act of 1974 (42 U.S.C. 5301 et seq.) so that the housing meets the energy effi- (a) AUTHORITY.—Not later than the expira- is amended by adding at the end the fol- ciency standards under section 604(a) of this tion of the 12-month period beginning on the lowing new section: title and incentives to encourage compliance date of the enactment of this Act, the Sec- ‘‘SEC. 123. RESIDENTIAL ENERGY EFFICIENCY of such housing with the energy efficiency retary shall develop and implement a pilot BLOCK GRANT PROGRAM. and conservation standards, and the green program under this section to facilitate the ‘‘(a) IN GENERAL.—To the extent amounts building standards, under section 604(b) of financing of cost-effective capital improve- are made available for grants under this sec- this title, to the extent that such incentives ments for covered assisted housing projects tion, the Secretary shall make grants under are based on the impact that savings on util- to improve the energy efficiency and con- this section to States, metropolitan cities ity costs has on the operating costs of the servation of such projects. and urban counties, Indian tribes, and insu- housing, as determined by the Secretary. (b) LOANS.—The pilot program under this lar areas to carry out energy efficiency im- (b) INCENTIVES.—Such incentives may in- section shall involve not less than three and provements in new and existing single-fam- clude, for any such multifamily housing that not more than five lenders, and shall provide ily and multifamily housing. complies with the energy efficiency stand- for a privately financed loan to be made for ‘‘(b) ALLOCATIONS.— ards under section 604(a)— a covered assisted housing project, which ‘‘(1) IN GENERAL.—Of the total amount (1) providing a discount on the chargeable shall— made available for each fiscal year for grants premiums for the mortgage insurance for (1) finance capital improvements for the under this section that remains after reserv- such housing from the amount otherwise project that meet such requirements as the ing amounts pursuant to paragraph (2), the chargeable for such mortgage insurance; Secretary shall establish, and may involve Secretary shall allocate for insular areas, for (2) allowing mortgages to exceed the dollar contracts with third parties to perform such metropolitan cities and urban counties, and amount limits otherwise applicable under capital improvements, including the design for States, an amount that bears the same law to the extent such additional amounts of such improvements by licensed profes- ratio to such total amount as the amount al- are used to finance improvements or meas- sional architects or engineers; located for such fiscal year under section 106 ures designed to meet the standards referred (2) have a term to maturity of not more for Indian tribes, for insular areas, for met- to in subsection (a); and than 20 years, which shall be based upon the ropolitan cities and urban counties, and for

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00068 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.002 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19252 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 September 16, 2008 States, respectively, bears to the total public availability of information regarding ‘‘(E) such other criteria as the Secretary amount made available for such fiscal year projected use of grant amounts and public determines, in consultation with the Sec- for grants under section 106. participation in determining such projected retary of Energy, the Secretary of Agri- ‘‘(2) SET ASIDE FOR INDIAN TRIBES.—Of the use. culture, and the Administrator of the Envi- total amount made available for each fiscal ‘‘(e) ELIGIBLE ACTIVITIES.— ronmental Protection Agency, are in accord- year for grants under this section, the Sec- ‘‘(1) REQUIREMENT.—Amounts from a grant ance with the purposes of this paragraph.’’. retary shall allocate not less than one per- under this section may be used only to carry SEC. 617. GRANT PROGRAM TO INCREASE SUS- cent to Indian tribes. out activities for single-family or multi- TAINABLE LOW-INCOME COMMU- ‘‘(c) GRANT AMOUNTS.— family housing that are designed to improve NITY DEVELOPMENT CAPACITY. ‘‘(1) ENTITLEMENT COMMUNITIES.—From the the energy efficiency of the housing so that (a) IN GENERAL.—The Secretary may make amounts allocated pursuant to subsection (b) the housing complies with the energy effi- grants to nonprofit organizations to use for for metropolitan cities and urban counties ciency standard under section 604(a) of the any of the following purposes: for each fiscal year, the Secretary shall Green Resources for Energy Efficient Neigh- (1) Training, educating, supporting, or ad- make a grant for such fiscal year to each borhoods Act of 2008, including such activi- vising an eligible community development metropolitan city and urban county that ties to provide energy for such housing from organization or qualified youth service and complies with the requirement under sub- renewable sources, such as wind, waves, conservation corps in improving energy effi- section (d), in the amount that bears the solar, biomass, and geothermal sources. ciency, resource conservation and reuse, de- same ratio such total amount so allocated as ‘‘(2) PREFERENCE FOR COMPLIANCE BEYOND sign strategies to maximize energy effi- the amount of the grant for such fiscal year MINIMUM REQUIREMENTS.—In selecting activi- ciency, installing or constructing renewable under section 106 for such metropolitan city ties to be funded with amounts from a grant energy improvements (such as wind, wave, or urban county bears to the aggregate under this section, a grantee shall give more solar, biomass, and geothermal energy amount of all grants for such fiscal year preference to activities based on the extent sources), and effective use of existing infra- under section 106 for all metropolitan cities to which the activities will result in compli- structure in affordable housing and eco- and urban counties. ance by the housing with the enhanced en- nomic development activities in low-income ‘‘(2) STATES.—From the amounts allocated ergy efficiency and conservation standards, communities, taking into consideration en- pursuant to subsection (b) for States for each and the green building standards, under sec- ergy efficiency requirements under section fiscal year, the Secretary shall make a grant tion 604(b) of such Act. 604(a) of this title and with the enhanced en- for such fiscal year to each State that com- ‘‘(f) REPORTS.—Each grantee of a grant ergy efficiency and conservation standards, plies with the requirement under subsection under this section for a fiscal year shall sub- and the green building standards, under sec- (d), in the amount that bears the same ratio mit to the Secretary, at a time determined tion 604(b) of this title. such total amount so allocated as the by the Secretary, a performance and evalua- (2) Providing loans, grants, or amount of the grant for such fiscal year tion report concerning the use of grant predevelopment assistance to eligible com- under section 106 for such State bears to the amounts, which shall contain an assessment munity development organizations or quali- aggregate amount of all grants for such fis- by the grantee of the relationship of such use fied youth service and conservation corps to cal year under section 106 for all States. to the objectives identified in the grantees carry out energy efficiency improvements Grant amounts received by a State shall be statement under subsection (d). that comply with the energy efficiency reused only for eligible activities under sub- ‘‘(g) APPLICABILITY OF CDBG PROVISIONS.— quirements under section 604(a) of this title, section (e) carried out in nonentitlement Sections 109, 110, and 111 of the Housing and resource conservation and reuse, and effec- areas of the State. Community Development Act of 1974 (42 tive use of existing infrastructure in afford- ‘‘(3) INDIAN TRIBES.—From the amounts al- U.S.C. 5309, 5310, 5311) shall apply to assist- able housing and economic development ac- located pursuant to subsection (b) for Indian ance received under this section to the same tivities in low-income communities. In pro- tribes, the Secretary shall make grants to extent and in the same manner that such viding assistance under this paragraph, the Indian tribes that comply with the require- sections apply to assistance received under Secretary shall give more preference to ac- ment under subsection (d) on the basis of a title I of such Act. tivities based on the extent to which the ac- ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— competition conducted pursuant to specific tivities will result in compliance with the There is authorized to be appropriated for criteria, as the Secretary shall establish by enhanced energy efficiency and conservation grants under this section $2,500,000,000 for fis- regulation, for the selection of Indian tribes standards, and the green building standards, cal year 2009 and such sums as may be nec- to receive such amount. under section 604(b) of this title. ‘‘(4) INSULAR AREAS.—From the amounts essary for each fiscal year thereafter.’’. (3) Such other purposes as the Secretary allocated pursuant to subsection (b) for insu- SEC. 616. INCLUDING SUSTAINABLE DEVELOP- determines are in accordance with the pur- lar areas, the Secretary shall make a grant MENT IN COMPREHENSIVE HOUSING poses of this subsection. to each insular area that complies with the AFFORDABILITY STRATEGIES. (b) APPLICATION REQUIREMENT.—To be eli- requirement under subsection (d) on the Section 105(b) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. gible for a grant under this section, a non- basis of the ratio of the population of the in- profit organization shall prepare and submit sular area to the aggregate population of all 12705(b)) is amended— (1) by striking ‘‘and’’ at the end of para- to the Secretary an application at such time, insular areas. In determining the distribu- in such manner, and containing such infor- graph (19); tion of amounts to insular areas, the Sec- mation as the Secretary may require. (2) by striking the period at the end of retary may also include other statistical cri- (c) AWARD OF CONTRACTS.—Contracts for teria as data become available from the Bu- paragraph (20) and inserting ‘‘; and’’; architectural or engineering services funded reau of Census of the Department of Labor, (3) and by inserting after paragraph (20) with amounts from grants made under this but only if such criteria are set forth by reg- the following: section shall be awarded in accordance with ulation issued after notice and an oppor- ‘‘(21) describe the jurisdiction’s strategies chapter 11 of title 40, United States Code (re- tunity for comment. to encourage sustainable development for af- lating to selection of architects and engi- ‘‘(d) STATEMENT OF ACTIVITIES.— fordable housing, including single-family and neers). ‘‘(1) REQUIREMENT.—Before receipt the re- multifamily housing, as measured by— (d) MATCHING REQUIREMENT.—A grant made ceipt in any fiscal year of a grant under sub- ‘‘(A) greater energy efficiency and use of under this section may not exceed the section (c) by any grantee, the grantee shall renewable energy sources, including any amount that the nonprofit organization re- have prepared a final statement of housing strategies regarding compliance with the en- ceiving the grant certifies, to the Secretary, energy efficiency objectives and projected ergy efficiency requirements under section will be provided (in cash or in kind) from use of funds as the Secretary shall require 604(a) of the Green Resources for Energy Ef- non-governmental sources to carry out the and shall have provided the Secretary with ficient Neighborhoods Act of 2008 and with purposes for which the grant is made. such certifications regarding such objectives the enhanced energy efficiency and conserva- (e) DEFINITIONS.—For purposes of this sec- and use as the Secretary may require. In the tion standards, and the green building stand- tion, the following definitions shall apply: case of metropolitan cities, urban counties, ards, under section 604(b) of such Act; (1) The term ‘‘nonprofit organization’’ has units of general local government, and insu- ‘‘(B) increased conservation, recycling, and the meaning given such term in section 104 lar areas receiving grants, the statement of reuse of resources; of the Cranston-Gonzalez National Afford- projected use of funds shall consist of pro- ‘‘(C) more effective use of existing infra- able Housing Act (42 U.S.C. 12704). posed housing energy efficiency activities. In structure; (2) The term ‘‘eligible community develop- the case of States receiving grants, the ‘‘(D) use of building materials and methods ment organization’’ means— statement of projected use of funds shall that are healthier for residents of the hous- (A) a unit of general local government (as consist of the method by which the States ing, including use of building materials that defined in section 104 of the Cranston-Gon- will distribute funds to units of general local are free of added known carcinogens that are zalez National Affordable Housing Act (42 government. classified as Group 1 Known Carcinogens by U.S.C. 12704)); ‘‘(2) PUBLIC PARTICIPATION.—The Secretary the International Agency for Research on (B) a community housing development or- may establish requirements to ensure the Cancer; and ganization (as defined in section 104 of the

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00069 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.002 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 19253 Cranston-Gonzalez National Affordable ‘‘(I) The proposed plan shall comply with ‘‘(aa) efficient and sustainable use of Housing Act (42 U.S.C. 12704)); all items of the national Green Communities water, energy, and other natural resources; (C) an Indian tribe or tribally designated criteria checklist for residential construc- ‘‘(bb) use of renewable energy sources; housing entity (as such terms are defined in tion that are identified as mandatory. ‘‘(cc) improved indoor and outdoor environ- section 4 of the Native American Housing ‘‘(II) The proposed plan shall comply with mental quality through enhanced indoor and Assistance and Self-Determination Act of such other nonmandatory items of such na- outdoor air quality, thermal comfort, acous- 1996 (25 U.S.C. 4103)); or tional Green Communities criteria checklist tics, outdoor noise pollution, day lighting, (D) a public housing agency, as such term so as to result in a cumulative number of pollutant source control, sustainable land- is defined in section 3(b) of the United States points attributable to such nonmandatory scaping, and use of building system controls Housing Act of 1937 (42 U.S.C. 1437(b)). items under such checklist of not less than— and low- or no-emission materials, including (3) The term ‘‘low-income community’’ ‘‘(aa) 25 points, in the case of any proposed preference for materials with no added car- means a census tract in which 50 percent or plan (or portion thereof) consisting of new cinogens that are classified as Group 1 more of the households have an income construction; and Known Carcinogens by the International which is less than 80 percent of the greater ‘‘(bb) 20 points, in the case of any proposed Agency for Research on Cancer; and of— plan (or portion thereof) consisting of reha- ‘‘(dd) such other criteria as the Secretary (A) the median gross income for such year bilitation. determines to be appropriate; and for the area in which such census tract is lo- ‘‘(ii) GREEN BUILDINGS CERTIFICATION SYS- ‘‘(V) national recognition within the build- cated; or TEM.—All non-residential construction under ing industry. (B) the median gross income for such year the proposed plan complies with all min- ‘‘(iii) 5-YEAR EVALUATION.—At least once for the State in which such census tract is imum required levels of the green building every five years, the Secretary shall conduct located. rating systems and levels identified by the a study to evaluate and compare available (f) AUTHORIZATION OF APPROPRIATIONS.— Secretary pursuant to subparagraph (C), as third-party green building rating systems There are authorized to be appropriated to such systems and levels are in effect for pur- and levels, taking into account the criteria the Secretary to carry out this section poses of this paragraph pursuant to subpara- listed in clause (ii). $10,000,000 for each of fiscal years 2008 graph (D) at the time of the application for ‘‘(D) APPLICABILITY AND UPDATING OF through 2012. the grant. STANDARDS.— SEC. 618. UTILIZATION OF ENERGY PERFORM- ‘‘(B) VERIFICATION.— ‘‘(i) APPLICABILITY.—Except as provided in ANCE CONTRACTS IN HOPE VI. ‘‘(i) IN GENERAL.—The Secretary shall clause (ii) of this subparagraph, the national Section 24(d) of the United States Housing verify, or provide for verification, sufficient Act of 1937 (42 U.S.C. 1437v(d)) is amended by Green Communities criteria checklist and to ensure that each proposed revitalization green building rating systems and levels re- adding at the end the following new para- plan carried out with amounts from a grant graph: ferred to in clauses (i) and (ii) of subpara- under this section complies with the require- graph (A) that are in effect for purposes of ‘‘(3) ENERGY PERFORMANCE CONTRACTS.— ments under subparagraph (A) and that the this paragraph are such checklist systems, ‘‘(A) IN GENERAL.—The Secretary shall pro- revitalization plan is carried out in accord- vide that a public housing agency shall re- and levels as in existence upon the date of ance with such requirements and plan. the enactment of the Green Resources for ceive the full financial benefit, as deter- ‘‘(ii) TIMING.—In providing for such Energy Efficient Neighborhoods Act of 2008. mined by the Secretary, from any reduction verification, the Secretary shall establish ‘‘(ii) UPDATING.—The Secretary may, by in the cost of utilities resulting from any procedures to ensure such compliance with regulation, adopt and apply, for purposes of contract with a third party to undertake en- respect to each grantee, and shall report to this paragraph, future amendments and sup- ergy conservation improvements in connec- the Congress with respect to the compliance plements to, and editions of, the national tion with a revitalization plan under this of each grantee, at each of the following Green Communities criteria checklist, any section. times: standard or standards that the Secretary has ‘‘(B) THIRD PARTY CONTRACTS.—Contracts ‘‘(I) Not later than 6 months after execu- determined to be substantially equivalent to described in subparagraph (A) may include tion of the grant agreement under this sec- such checklist, and the green building rat- contracts for equipment conversions to less tion for the grantee. costly utility sources, projects with resident- ‘‘(II) Upon completion of the revitalization ings systems and levels identified by the paid utilities, and adjustments to frozen base plan of the grantee. Secretary pursuant to subparagraph (C).’’. (b) SELECTION CRITERIA; GRADED COMPO- year consumption, including systems re- ‘‘(C) IDENTIFICATION OF GREEN BUILDINGS NENT.—Section 24(e)(2) of the United States paired to meet applicable building and safety RATING SYSTEMS AND LEVELS.— Housing Act of 1937 (42 U.S.C. 1437v(e)(2)) is codes and adjustments for occupancy rates ‘‘(i) IN GENERAL.—For purposes of this increased by rehabilitation. paragraph, the Secretary shall identify rat- amended— ‘‘(C) TERM OF CONTRACT.—The total term of ing systems and levels for green buildings (1) in subparagraph (K), by striking ‘‘and’’ a contract described in subparagraph (A) that the Secretary determines to be the at the end; shall not exceed 20 years to allow longer pay- most likely to encourage a comprehensive (2) by redesignating subparagraph (L) as back periods for retrofits, including win- and environmentally-sound approach to rat- subparagraph (M); and dows, heating system replacements, wall in- ings and standards for green buildings. The (3) by inserting after subparagraph (K) the sulation, site-based generation, advanced en- identification of the ratings systems and lev- following new subparagraph: ergy savings technologies, including renew- els shall be based on the criteria specified in ‘‘(L) the extent to which the proposed revi- able energy generation, and other such retro- clause (ii), shall identify the highest levels talization plan— fits.’’. the Secretary determines are appropriate ‘‘(i) in the case of residential construction, SEC. 619. HOPE VI GREEN DEVELOPMENTS RE- above the minimum levels required under complies with the nonmandatory items of QUIREMENT. the systems selected. Within 90 days of the the national Green Communities criteria (a) MANDATORY COMPONENT.—Section 24(e) completion of each study required by clause checklist identified in paragraph (4)(A)(i), or of the United States Housing Act of 1937 (42 (iii), the Secretary shall review and update any substantially equivalent standard or U.S.C. 1437v(e)) is amended by adding at the the rating systems and levels, or identify al- standards as determined by the Secretary, end the following new paragraph: ternative systems and levels for purposes of but only to the extent such compliance ex- ‘‘(4) GREEN DEVELOPMENTS REQUIREMENT.— this paragraph, taking into account the con- ceeds the compliance necessary to accumu- ‘‘(A) REQUIREMENT.—The Secretary may clusions of such study. late the number of points required under not make a grant under this section to an ‘‘(ii) CRITERIA.—In identifying the green such paragraph; and applicant unless the proposed revitalization rating systems and levels, the Secretary ‘‘(ii) in the case of non-residential con- plan of the applicant to be carried out with shall take into consideration— struction, complies with the components of such grant amounts meets the following re- ‘‘(I) the ability and availability of asses- the green building rating systems and levels quirements: sors and auditors to independently verify the identified by the Secretary pursuant to para- ‘‘(i) GREEN COMMUNITIES CRITERIA CHECK- criteria and measurement of metrics at the graph (4)(C), but only to the extent such LIST.—All residential construction under the scale necessary to implement this paragraph; compliance exceeds the minimum level re- proposed plan complies with the national ‘‘(II) the ability of the applicable ratings quired under such systems and levels; and’’. Green Communities criteria checklist for system organizations to collect and reflect SEC. 620. CONSIDERATION OF ENERGY-EFFI- residential construction that provides cri- public comment; CIENCY IMPROVEMENTS IN AP- teria for the design, development, and oper- ‘‘(III) the ability of the standards to be de- PRAISALS. ation of affordable housing, as such checklist veloped and revised through a consensus- (a) APPRAISALS IN CONNECTION WITH FEDER- is in effect for purposes of this paragraph based process; ALLY RELATED TRANSACTIONS.— pursuant to subparagraph (D) at the date of ‘‘(IV) An evaluation of the robustness of (1) REQUIREMENT.—Section 1110 of the Fi- the application for the grant, or any sub- the criteria for a high-performance green nancial Institutions Reform, Recovery, and stantially equivalent standard or standards building, which shall give credit for pro- Enforcement Act of 1989 (12 U.S.C. 3339) is as determined by the Secretary, as follows: moting— amended—

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00070 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.002 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19254 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 September 16, 2008 (A) in paragraph (1), by striking ‘‘and’’ at consider, and are qualified to consider, such (C) infrastructure related to the delivery of the end; photovoltaic measures in determining the electricity and hot water for structures lack- (B) by redesignating paragraph (2) as para- value of a property; and ing such amenities. graph (3); and ‘‘(3) training of appraisers to meet the re- (2) ELIGIBILITY.—To be eligible to receive a (C) by inserting after paragraph (1) the fol- quirements established pursuant to para- loan under this subsection, a State or Indian lowing new paragraph: graph (2) of this subsection.’’. tribe, directly or through an appropriate ‘‘(2) that such appraisals be performed in SEC. 621. ASSISTANCE FOR HOUSING ASSISTANCE State or tribal agency, shall submit to the accordance with appraisal standards that re- COUNCIL. Secretary an application at such time, in quire, in determining the value of a prop- The Secretary shall require the Housing such manner, and containing such informa- erty, consideration of any renewable energy Assistance Council— tion as the Secretary may require. sources for, or energy-efficiency or energy- (1) to encourage each organization that re- (3) CRITERIA FOR APPROVAL.—The Secretary conserving improvements or features of, the ceives assistance from the Council with any may approve an application of a State or In- property; and’’. amounts made available from the Secretary dian tribe under paragraph (2) only if the (2) REVISION OF APPRAISAL STANDARDS.— to provide that any structures and buildings Secretary determines that the State or tribe Each Federal financial institutions regu- developed or assisted under projects, pro- will use the funds from the loan under this latory agency shall, not later than 6 months grams, and activities funded with such subsection to carry out a program to provide after the date of the enactment of this Act, amounts complies with the enhanced energy incentives described in paragraph (1) that— revise its standards for the performance of efficiency requirements under section 604(a) (A) requires that any such renewable en- real estate appraisals in connection with fed- of this title; and ergy sources, and energy efficiency and en- erally related transactions under the juris- (2) to establish incentives to encourage ergy conserving improvements and features, diction of the agency to comply with the re- each such organization to provide that any developed pursuant to assistance under the quirement under the amendments made by such structures and buildings comply with program result in compliance of the struc- paragraph (1) of this subsection. the energy efficiency and conservation ture so improved with the energy efficiency (b) APPRAISER CERTIFICATION AND LICENS- standards, and the green building standards, requirements under section 604(a) of this ING REQUIREMENTS.—Section 1116 of the Fi- under section 604(b) of this title. title; and nancial Institutions Reform, Recovery, and (B) includes such compliance and audit re- Enforcement Act of 1989 (12 U.S.C. 3345) is SEC. 622. RURAL HOUSING AND ECONOMIC DE- quirements as the Secretary determines are VELOPMENT ASSISTANCE. amended— necessary to ensure that the program is op- (1) in subsection (a), by inserting before The Secretary shall— erated in a sound and effective manner. the period at the end the following: ‘‘, and (1) encourage each tribe, agency, organiza- (4) PREFERENCE.—In making loans during meets the requirements established pursuant tion, corporation, and other entity that re- each fiscal year, the Secretary shall give to subsection (f) for qualifications regarding ceives any assistance from the Office of preference to States and Indian tribes that consideration of any renewable energy Rural Housing and Economic Development of have not previously received a loan under sources for, or energy-efficiency or energy- the Department of Housing and Urban Devel- this subsection. conserving improvements or features of, the opment to provide that any structures and (5) MAXIMUM AMOUNT.—The aggregate out- property’’; buildings developed or assisted under activi- standing principal amount from loans under (2) in subsection (c), by inserting before the ties funded with such amounts complies with this subsection to any single State or Indian period at the end the following: ‘‘, which the energy efficiency requirements under tribe may not exceed $500,000,000. shall include compliance with the require- section 604(a) of this title; and (6) LOAN TERMS.—Each loan under this sub- ments established pursuant to subsection (f) (2) establish incentives to encourage each section shall have a term to maturity of not regarding consideration of any renewable en- such tribe, agency, organization, corpora- more than 10 years and shall bear interest at ergy sources for, or energy-efficiency or en- tion, and other entity to provide that any annual rate, determined by the Secretary, ergy-conserving improvements or features such structures and buildings comply with that shall not exceed interest rate charged of, the property’’; the enhanced energy efficiency and conserva- by the Federal Reserve Bank of New York to (3) in subsection (e), by striking ‘‘The’’ and tion standards, and the green building stand- commercial banks and other depository in- inserting ‘‘Except as provided in subsection ards, under section 604(b) of this title. stitutions for very short-term loans under (f), the’’; and SEC. 623. LOANS TO STATES AND INDIAN TRIBES the primary credit program, as most re- (4) by adding at the end the following new TO CARRY OUT RENEWABLE EN- cently published in the Federal Reserve Sta- subsection: ERGY SOURCES ACTIVITIES. tistical Release on selected interest rates ‘‘(f) REQUIREMENTS FOR APPRAISERS RE- (a) ESTABLISHMENT OF FUND.—There is es- (daily or weekly), and commonly referred to GARDING ENERGY-EFFICIENCY FEATURES.—The tablished in the Treasury of the United as the H.15 release, preceding the date of a Appraisal Subcommittee shall establish re- States a fund, to be known as the ‘‘Alter- determination for purposes of applying this quirements for State certification of State native Energy Sources State Loan Fund’’. paragraph. certified real estate appraisers and for State (b) EXPENDITURES.— (7) LOAN REPAYMENT.—The Secretary shall licensing of State licensed appraisers, to en- (1) IN GENERAL.—Subject to paragraph (2), require full repayment of each loan made sure that appraisers consider and are quali- on request by the Secretary, the Secretary of under this section. fied to consider, in determining the value of the Treasury shall transfer from the Fund to (d) INVESTMENT OF AMOUNTS.— a property, any renewable energy sources the Secretary such amounts as the Secretary (1) IN GENERAL.—The Secretary of the for, or energy-efficiency or energy-con- determines are necessary to provide loans Treasury shall invest such amounts in the serving improvements or features of, the under subsection (c)(1). Fund that are not, in the judgment of the property.’’. (2) ADMINISTRATIVE EXPENSES.—Of the Secretary of the Treasury, required to meet (c) GUIDELINES FOR APPRAISING PHOTO- amounts in the Fund, not more than 5 per- needs for current withdrawals. VOLTAIC MEASURES AND TRAINING OF AP- cent shall be available for each fiscal year to (2) OBLIGATIONS OF UNITED STATES.—Invest- PRAISERS.—Section 1122 of the Financial In- pay the administrative expenses of the De- ments may be made only in interest-bearing stitutions Reform, Recovery, and Enforce- partment of Housing and Urban Development obligations of the United States. ment Act of 1989 (12 U.S.C. 3351) is amended to carry out this section. (e) REPORTS.— by adding at the end the following new sub- (c) LOANS TO STATES AND INDIAN TRIBES.— (1) REPORTS TO SECRETARY.—For each year section: (1) IN GENERAL.—The Secretary shall use during the term of a loan made under sub- ‘‘(g) GUIDELINES FOR APPRAISING PHOTO- amounts in the Fund to provide loans to section (c), the State or Indian tribe that re- VOLTAIC MEASURES AND TRAINING OF AP- States and Indian tribes to provide incen- ceived the loan shall submit to the Secretary PRAISERS.—The Appraisal Subcommittee tives to owners of single-family and multi- a report describing the State or tribal alter- shall, in consultation with the Secretary of family housing, commercial properties, and native energy sources program for which the Housing and Urban Development, the Fed- public buildings to provide— loan was made and the activities conducted eral National Mortgage Association, and the (A) renewable energy sources for such under the program using the loan funds dur- Federal Home Loan Mortgage Corporation, structures, such as wind, wave, solar, bio- ing that year. establish specific guidelines for— mass, or geothermal energy sources, includ- (2) REPORT TO CONGRESS.—Not later than ‘‘(1) appraising off- and on-grid photo- ing incentives to companies and business to September 30 of each year that loans made voltaic measures for compliance with the ap- change their source of energy to such renew- under subsection (c) are outstanding, the praisal standards prescribed pursuant to sec- able energy sources and for changing the Secretary shall submit a report to the Con- tion 1110(2); sources of energy for public buildings to such gress describing the total amount of such ‘‘(2) requirements under section 1116(f) for renewable energy sources; loans provided under subsection (c) to each certification of State certified real estate ap- (B) energy efficiency and energy con- eligible State and Indian tribe during the fis- praisers and for State licensing of State li- serving improvements and features for such cal year ending on such date, and an evalua- censed appraisers, to ensure that appraisers structures; or tion on effectiveness of the Fund.

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00071 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.002 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 19255

(f) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(H) such other information as the agen- information as the Secretary determines is There is authorized to be appropriated to the cies or the insured depository institution appropriate in determining which public Fund $5,000,000,000. may determine to be appropriate or useful.’’. housing buildings and developments are (g) DEFINITIONS.—For purposes of this sec- (b) INSURED CREDIT UNIONS.—Section 206 of most in need of repairs and improvements to tion, the following definitions shall apply: the Federal Credit Union Act (12 U.S.C. 1786) reduce energy needs and costs and become (1) INDIAN TRIBE.—The term ‘‘Indian tribe’’ is amended by adding at the end the fol- more energy efficient. has the meaning given such term in section lowing new subsection: (b) REPORT.—Not later than the expiration 4 of the Native American Housing Assistance ‘‘(x) ‘GREEN BANKING’ CENTERS.— of the 12-month period beginning on the date and Self-Determination Act of 1996 (25 U.S.C. ‘‘(1) IN GENERAL.—The Board shall pre- of the enactment of this Act, the Secretary 4103). scribe guidelines encouraging the establish- of Housing and Urban Development shall (2) STATE.—The term ‘‘State’’ means each ment and maintenance of ‘green banking’ submit a report to the Congress setting forth of the several States, the Commonwealth of centers by insured credit unions to provide the information collected pursuant to sub- Puerto Rico, the District of Columbia, the any member who seeks information on ob- section (a). Commonwealth of the Northern Mariana Is- taining a mortgage, home improvement TITLE VII—MISCELLANEOUS PROVISIONS lands, Guam, the Virgin Islands, American loan, or home equity loan with additional in- SEC. 701. ALTERNATIVE FUEL PUMPS. formation on— Samoa, the Trust Territories of the Pacific, (a) REQUIREMENT.—Not later than January or any other possession of the United States. ‘‘(A) obtaining an home energy rating or 1, 2018, each retail automotive fueling sta- audit for the residence for which such mort- SEC. 624. GREEN BANKING CENTERS. tion owned by a major integrated oil com- gage or loan is sought; pany shall have at least 1 alternative fuel (a) INSURED DEPOSITORY INSTITUTIONS.— ‘‘(B) obtaining financing for cost-effective pump (and necessary infrastructure and stor- Section 8 of the Federal Deposit Insurance energy-saving improvements to such prop- age facilities) available to dispense for auto- Act (12 U.S.C. 1818) is amended by adding at erty; and motive purposes a fuel referred to in sub- the end the following new subsection: ‘‘(C) obtaining beneficial terms for any paragraph (A), (B), (C), or (D) of subsection ‘‘(x) ‘GREEN BANKING’ CENTERS.— mortgage or loan, or qualifying for a larger (c)(2) . ‘‘(1) IN GENERAL.—The Federal banking mortgage or loan, secured by a residence (b) PENALTY.—A major integrated oil com- agencies shall prescribe guidelines encour- which meets or will meet energy-efficiency pany that has failed to comply with sub- aging the establishment and maintenance of standards. section (a) as of January 1 of any calendar ‘green banking’ centers by insured deposi- ‘‘(2) INFORMATION AND REFERRALS.—The in- year beginning with 2018 shall be liable for a tory institutions to provide any consumer formation made available to members under civil penalty in the amount of $100,000 for who seeks information on obtaining a mort- paragraph (1) may include— each automotive fueling station owned by gage, home improvement loan, or home eq- ‘‘(A) information on obtaining a home en- such company that is not in compliance. Any uity loan with additional information on— ergy rating and contact information on such penalty may be assessed and collected ‘‘(A) obtaining an home energy rating or qualified energy raters in the area of the res- by the Secretary of Energy by order. The audit for the residence for which such mort- idence; Secretary may bring an action in the appro- gage or loan is sought; ‘‘(B) information on the secondary market priate United States District court to re- ‘‘(B) obtaining financing for cost-effective guidelines that permit lenders to provide quire the payment of civil penalties imposed energy-saving improvements to such prop- more favorable terms by allowing lenders to under this subsection, and such court shall erty; and increase the ratio on debt-to-income require- have jurisdiction to enforce any order of the ‘‘(C) obtaining beneficial terms for any ments or to use the projected utility savings Secretary under this subsection. mortgage or loan, or qualifying for a larger as a compensating factor; (c) DEFINITIONS.—For purposes of this sec- mortgage or loan, secured by a residence ‘‘(C) information including eligibility in- tion: which meets or will meet energy-efficiency formation about, and contact information (1) The term ‘‘major integrated oil com- standards. for, any conservation or renewable energy pany’’ has the meaning given that term in ‘‘(2) INFORMATION AND REFERRALS.—The in- programs, grants, or loans offered by the section 167(h)(5)(B) of the Internal Revenue formation made available to consumers Secretary of Housing and Urban Develop- Code of 1986. under paragraph (1) may include— ment, including the Energy Efficient Mort- (2) The term ‘‘alternative fuel pump’’ ‘‘(A) information on obtaining a home engage Program; means a fuel pump that dispenses as a fuel ergy rating and contact information on ‘‘(D) information including eligibility infor automotive purposes— qualified energy raters in the area of the res- formation about, and contact information (A) natural gas; idence; for, any conservation or renewable energy (B) any fuel at least 85 percent of the vol- ‘‘(B) information on the secondary market programs, grants, or loans offered for quali- ume of which consists of ethanol; guidelines that permit lenders to provide fied military personal, reservists, and vet- (C) any mixture of biodiesel and diesel or more favorable terms by allowing lenders to erans by the Secretary of Veterans Affairs; renewable diesel (as defined in regulations increase the ratio on debt-to-income require- ‘‘(E) information about, and contact infor- under section 211(o) of the Clean Air Act), de- ments or to use the projected utility savings mation for, the Office of Efficiency and Re- termined without regard to any use of ker- as a compensating factor; newable Energy at the Department of En- osene and containing at least 20 percent bio- ‘‘(C) information including eligibility in- ergy, including the weatherization assist- diesel or renewable diesel; or formation about, and contact information ance program; (D) hydrogen. for, any conservation or renewable energy ‘‘(F) information from, and contact infor- (d) REGULATIONS.—The Secretary of Energy programs, grants, or loans offered by the mation for, the Federal Citizen Information shall promulgate such regulations as may be Secretary of Housing and Urban Develop- Center of the General Services Administra- necessary to carry out this section. ment, including the Energy Efficient Mort- tion on energy efficient mortgages and loans, SEC. 702. NATIONAL ENERGY CENTER OF EXCEL- gage Program; home energy rating systems, and the avail- LENCE. ‘‘(D) information including eligibility inability of energy efficient mortgage informa- (a) ESTABLISHMENT.—The Secretary of En- formation about, and contact information tion from a variety of Federal agencies; and ergy shall award a grant on a competitive for, any conservation or renewable energy ‘‘(G) such other information as the Board basis to one consortium of institutions of programs, grants, or loans offered for quali- or the insured credit union may determine to higher education (as such term is defined in fied military personal, reservists, and vet- be appropriate or useful.’’. section 102 of the Higher Education Act of erans by the Secretary of Veterans Affairs; SEC. 625. PUBLIC HOUSING ENERGY COST RE- 1965) for the establishment of a National En- ‘‘(E) information about, and contact infor- PORT. ergy Center of Excellence to conduct re- mation for, the Office of Efficiency and Re- (a) COLLECTION OF INFORMATION BY HUD.— search and education activities in geological newable Energy at the Department of En- The Secretary of Housing and Urban Devel- and geothermal sciences, renewable energy ergy, including the weatherization assist- opment shall obtain from each public hous- and energy efficiency (including energy tech- ance program; ing agency, by such time as may be nec- nology using clean coal, solar, wind, oil, nat- ‘‘(F) information about, and contact infor- essary to comply with the reporting require- ural gas, hydroelectric, biofuels, ethanol, mation for, the Energy Star Program of the ment under subsection (b), information re- and other energy alternatives), and energy Environmental Protection Agency; garding the energy costs for public housing conservation, including a special emphasis ‘‘(G) information from, and contact infor- administered or operated by the agency. For on environmentally safe energy. mation for, the Federal Citizen Information each public housing agency, such informa- (b) CONSORTIUM.—The consortium shall in- Center of the General Services Administra- tion shall include the monthly energy costs clude at least two institutions of higher edu- tion on energy efficient mortgages and loans, associated with each separate building and cation, one of which must be eligible to re- home energy rating systems, and the avail- development of the agency, for the most receive assistance under part A or B of title III ability of energy efficient mortgage informa- cently completed 12-month period for which or title V of the Higher Education Act of tion from a variety of Federal agencies; and such information is available, and such other 1965.

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00072 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.002 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19256 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 September 16, 2008

(c) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(i) UNUSED LIMITATION.—If the limitation ‘‘(I) which a qualified facility will require There is authorized to be appropriated to imposed under subparagraph (A) with respect for utilization of such facility, and carry out this section $25,000,000 for each of to any facility for any taxable year exceeds ‘‘(II) which is not a qualified facility. the fiscal years 2009 through 2013. the prelimitation credit for such facility for ‘‘(iv) SPECIAL RULE RELATING TO GEO- SEC. 703. SENSE OF CONGRESS REGARDING RE- such taxable year, the limitation imposed THERMAL FACILITIES.—In the case of any NEWABLE BIOMASS. under subparagraph (A) with respect to such qualified facility using geothermal energy to It is the sense of Congress that— facility for the succeeding taxable year shall produce electricity, the basis of such facility (1) in order to fulfill the commitment of be increased by the amount of such excess. for purposes of this paragraph shall be deter- the United States to energy security and ‘‘(ii) EXCESS CREDIT.—If the prelimitation mined as though intangible drilling and de- independence, the current definition of re- credit with respect to any facility for any velopment costs described in section 263(c) newable biomass in the Renewable Fuel taxable year exceeds the limitation imposed were capitalized rather than expensed. Standard (RFS) could be improved; under subparagraph (A) with respect to such ‘‘(E) SPECIAL RULE FOR FIRST AND LAST (2) in order to meet the United States’ en- facility for such taxable year, the credit de- YEAR OF CREDIT PERIOD.—In the case of any ergy challenges in an environmentally re- termined under subsection (a) with respect taxable year any portion of which is not sponsible way, the RFS should be as inclu- to such facility for the succeeding taxable within the 10-year period described in sub- sive as possible to better reflect the realities year (determined before the application of section (a)(2)(A)(ii) with respect to any facil- of our Nation’s resources, to encourage in- subparagraph (A) for such succeeding taxable ity, the amount of the limitation under sub- vestment, and to help us meet the congres- year) shall be increased by the amount of paragraph (A) with respect to such facility sional mandate for advanced biofuels; such excess. With respect to any facility, no shall be reduced by an amount which bears (3) Congress recognizes that renewable amount may be carried forward under this the same ratio to the amount of such limita- fuels are important to our climate and en- clause to any taxable year beginning after tion (determined without regard to this sub- ergy security strategy, as well as the rural the 10-year period described in subsection paragraph) as such portion of the taxable communities they support; and (a)(2)(A)(ii) with respect to such facility. year which is not within such period bears to (4) cellulosic biofuels can and should be ‘‘(iii) PRELIMITATION CREDIT.—The term the entire taxable year. produced from a highly diverse array of feed- ‘prelimitation credit’ with respect to any fa- ‘‘(F) ELECTION TO TREAT ALL FACILITIES stocks, allowing every region of the country cility for a taxable year means the credit de- PLACED IN SERVICE IN A YEAR AS 1 FACILITY.— to be a potential producer of this fuel. termined under subsection (a) with respect At the election of the taxpayer, all qualified TITLE VIII—ENERGY TAX INCENTIVES to such facility for such taxable year, deter- facilities which are part of the same project SEC. 800. SHORT TITLE, ETC. mined without regard to subparagraph (A) and which are originally placed in service (a) SHORT TITLE.—This title may be cited and after taking into account any increase during the same calendar year shall be treat- as the ‘‘Energy Tax Incentives Act of 2008’’. for such taxable year under clause (ii). ed for purposes of this section as 1 facility which is originally placed in service at the (b) REFERENCE.—Except as otherwise ex- ‘‘(C) APPLICABLE PERCENTAGE.—For pur- pressly provided, whenever in this title an poses of this paragraph— mid-point of such year or the first day of the following calendar year.’’. amendment or repeal is expressed in terms of ‘‘(i) IN GENERAL.—The term ‘applicable per- (c) TRASH FACILITY CLARIFICATION.—Para- an amendment to, or repeal of, a section or centage’ means, with respect to any facility, graph (7) of section 45(d) is amended— other provision, the reference shall be con- the appropriate percentage prescribed by the (1) by striking ‘‘facility which burns’’ and sidered to be made to a section or other pro- Secretary for the month in which such facil- vision of the Internal Revenue Code of 1986. inserting ‘‘facility (other than a facility de- ity is originally placed in service. scribed in paragraph (6)) which uses’’, and Subtitle A—Energy Production Incentives ‘‘(ii) METHOD OF PRESCRIBING APPLICABLE (2) by striking ‘‘COMBUSTION’’. PART 1—RENEWABLE ENERGY PERCENTAGE.—The applicable percentage pre- (d) EXPANSION OF BIOMASS FACILITIES.— INCENTIVES scribed by the Secretary for any month (1) OPEN-LOOP BIOMASS FACILITIES.—Para- SEC. 801. RENEWABLE ENERGY CREDIT. under clause (i) shall be the percentage graph (3) of section 45(d) is amended by re- (a) EXTENSION OF CREDIT.— which yields over a 10-year period amounts designating subparagraph (B) as subpara- (1) 1-YEAR EXTENSION FOR WIND FACILI- of limitation under subparagraph (A) which graph (C) and by inserting after subpara- TIES.—Paragraph (1) of section 45(d) is have a present value equal to 35 percent of graph (A) the following new subparagraph: amended by striking ‘‘January 1, 2009’’ and the eligible basis of the facility. ‘‘(B) EXPANSION OF FACILITY.—Such term inserting ‘‘January 1, 2010’’. ‘‘(iii) METHOD OF DISCOUNTING.—The shall include a new unit placed in service (2) 3-YEAR EXTENSION FOR CERTAIN OTHER present value under clause (ii) shall be deter- after the date of the enactment of this sub- FACILITIES.—Each of the following provisions mined— paragraph in connection with a facility de- of section 45(d) is amended by striking ‘‘Jan- ‘‘(I) as of the last day of the 1st year of the scribed in subparagraph (A), but only to the uary 1, 2009’’ and inserting ‘‘January 1, 2012’’: 10-year period referred to in clause (ii), extent of the increased amount of electricity (A) Clauses (i) and (ii) of paragraph (2)(A). ‘‘(II) by using a discount rate equal to the produced at the facility by reason of such (B) Clauses (i)(I) and (ii) of paragraph greater of 110 percent of the Federal long- new unit.’’. (3)(A). term rate as in effect under section 1274(d) (2) CLOSED-LOOP BIOMASS FACILITIES.—Para- (C) Paragraph (4). for the month preceding the month for which graph (2) of section 45(d) is amended by re- (D) Paragraph (5). the applicable percentage is being pre- designating subparagraph (B) as subpara- (E) Paragraph (6). scribed, or 4.5 percent, and graph (C) and inserting after subparagraph (F) Paragraph (7). ‘‘(III) by taking into account the limita- (A) the following new subparagraph: (G) Subparagraphs (A) and (B) of paragraph tion under subparagraph (A) for any year on ‘‘(B) EXPANSION OF FACILITY.—Such term (9). the last day of such year. shall include a new unit placed in service (b) MODIFICATION OF CREDIT PHASEOUT.— ‘‘(D) ELIGIBLE BASIS.—For purposes of this after the date of the enactment of this sub- (1) REPEAL OF PHASEOUT.—Subsection (b) of paragraph— paragraph in connection with a facility de- section 45 is amended— ‘‘(i) IN GENERAL.—The term ‘eligible basis’ scribed in subparagraph (A)(i), but only to (A) by striking paragraph (1), and means, with respect to any facility, the sum the extent of the increased amount of elec- (B) by striking ‘‘the 8 cent amount in para- of— tricity produced at the facility by reason of graph (1),’’ in paragraph (2) thereof. ‘‘(I) the basis of such facility determined as such new unit.’’. (2) LIMITATION BASED ON INVESTMENT IN FA- of the time that such facility is originally (e) MODIFICATION OF RULES FOR HYDRO- CILITY.—Subsection (b) of section 45 is placed in service, and POWER PRODUCTION.—Subparagraph (C) of amended by inserting before paragraph (2) ‘‘(II) the portion of the basis of any shared section 45(c)(8) is amended to read as follows: the following new paragraph: qualified property which is properly allo- ‘‘(C) NONHYDROELECTRIC DAM.—For pur- ‘‘(1) LIMITATION BASED ON INVESTMENT IN cable to such facility under clause (ii). poses of subparagraph (A), a facility is de- FACILITY.— ‘‘(ii) RULES FOR ALLOCATION.—For purposes scribed in this subparagraph if— ‘‘(A) IN GENERAL.—In the case of any quali- of subclause (II) of clause (i), the basis of ‘‘(i) the hydroelectric project installed on fied facility originally placed in service after shared qualified property shall be allocated the nonhydroelectric dam is licensed by the December 31, 2009, the amount of the credit among all qualified facilities which are pro- Federal Energy Regulatory Commission and determined under subsection (a) for any tax- jected to be placed in service and which re- meets all other applicable environmental, liable year with respect to electricity pro- quire utilization of such property in propor- censing, and regulatory requirements, duced at such facility shall not exceed the tion to projected generation from such facili- ‘‘(ii) the nonhydroelectric dam was placed product of— ties. in service before the date of the enactment ‘‘(i) the applicable percentage with respect ‘‘(iii) SHARED QUALIFIED PROPERTY.—For of this paragraph and operated for flood con- to such facility, multiplied by purposes of this paragraph, the term ‘shared trol, navigation, or water supply purposes ‘‘(ii) the eligible basis of such facility. qualified property’ means, with respect to and did not produce hydroelectric power on ‘‘(B) CARRYFORWARD OF UNUSED LIMITATION any facility, any property described in sec- the date of the enactment of this paragraph, AND EXCESS CREDIT.— tion 168(e)(3)(B)(vi)— and

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00073 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.002 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 19257

‘‘(iii) the hydroelectric project is operated ‘qualified facility’ means any facility owned ‘‘(A) IN GENERAL.—In the case of combined so that the water surface elevation at any by the taxpayer— heat and power system property with an given location and time that would have oc- ‘‘(A) which has a nameplate capacity rat- electrical capacity in excess of the applica- curred in the absence of the hydroelectric ing of at least 150 kilowatts, and ble capacity placed in service during the tax- project is maintained, subject to any license ‘‘(B) which is originally placed in service able year, the credit under subsection (a)(1) requirements imposed under applicable law on or after the date of the enactment of this (determined without regard to this para- that change the water surface elevation for paragraph and before January 1, 2012.’’. graph) for such year shall be equal to the the purpose of improving environmental (d) CREDIT RATE.—Subparagraph (A) of sec- amount which bears the same ratio to such quality of the affected waterway. tion 45(b)(4) is amended by striking ‘‘or (9)’’ credit as the applicable capacity bears to the The Secretary, in consultation with the Fed- and inserting ‘‘(9), or (11)’’. capacity of such property. eral Energy Regulatory Commission, shall (e) COORDINATION WITH SMALL IRRIGATION ‘‘(B) APPLICABLE CAPACITY.—For purposes certify if a hydroelectric project licensed at POWER.—Paragraph (5) of section 45(d), as of subparagraph (A), the term ‘applicable ca- a nonhydroelectric dam meets the criteria in amended by section 801, is amended by strik- pacity’ means 15 megawatts or a mechanical clause (iii). Nothing in this section shall af- ing ‘‘January 1, 2012’’ and inserting ‘‘the date energy capacity of more than 20,000 horse- fect the standards under which the Federal of the enactment of paragraph (11)’’. power or an equivalent combination of elec- Energy Regulatory Commission issues li- (f) EFFECTIVE DATE.—The amendments trical and mechanical energy capacities. censes for and regulates hydropower projects made by this section shall apply to elec- ‘‘(C) MAXIMUM CAPACITY.—The term ‘com- under part I of the Federal Power Act.’’. tricity produced and sold after the date of bined heat and power system property’ shall (f) EFFECTIVE DATE.— the enactment of this Act, in taxable years not include any property comprising a sys- (1) IN GENERAL.—Except as otherwise pro- ending after such date. tem if such system has a capacity in excess vided in this subsection, the amendments SEC. 803. ENERGY CREDIT. of 50 megawatts or a mechanical energy ca- made by this section shall apply to property (a) EXTENSION OF CREDIT.— pacity in excess of 67,000 horsepower or an originally placed in service after December (1) SOLAR ENERGY PROPERTY.—Paragraphs equivalent combination of electrical and me- 31, 2008. (2)(A)(i)(II) and (3)(A)(ii) of section 48(a) are chanical energy capacities. (2) REPEAL OF CREDIT PHASEOUT.—The each amended by striking ‘‘January 1, 2009’’ ‘‘(3) SPECIAL RULES.— amendments made by subsection (b)(1) shall and inserting ‘‘January 1, 2017’’. ‘‘(A) ENERGY EFFICIENCY PERCENTAGE.—For apply to taxable years ending after Decem- (2) FUEL CELL PROPERTY.—Subparagraph purposes of this subsection, the energy effi- ber 31, 2008. (E) of section 48(c)(1) is amended by striking ciency percentage of a system is the frac- (3) LIMITATION BASED ON INVESTMENT IN FA- ‘‘December 31, 2008’’ and inserting ‘‘Decem- tion— CILITY.—The amendment made by subsection ber 31, 2016’’. ‘‘(i) the numerator of which is the total (b)(2) shall apply to property originally (3) MICROTURBINE PROPERTY.—Subpara- useful electrical, thermal, and mechanical placed in service after December 31, 2009. graph (E) of section 48(c)(2) is amended by power produced by the system at normal op- (4) TRASH FACILITY CLARIFICATION.—The striking ‘‘December 31, 2008’’ and inserting erating rates, and expected to be consumed amendments made by subsection (c) shall ‘‘December 31, 2016’’. in its normal application, and apply to electricity produced and sold after (b) ALLOWANCE OF ENERGY CREDIT AGAINST ‘‘(ii) the denominator of which is the lower the date of the enactment of this Act. ALTERNATIVE MINIMUM TAX.—Subparagraph heating value of the fuel sources for the sys- (5) EXPANSION OF BIOMASS FACILITIES.—The (B) of section 38(c)(4) is amended by striking tem. amendments made by subsection (d) shall ‘‘and’’ at the end of clause (iii), by redesig- ‘‘(B) DETERMINATIONS MADE ON BTU BASIS.— apply to property placed in service after the nating clauses (v) and (vi) as clauses (vi) and The energy efficiency percentage and the date of the enactment of this Act. (vii), respectively, and by inserting after percentages under paragraph (1)(B) shall be SEC. 802. PRODUCTION CREDIT FOR ELEC- clause (iv) the following new clause: determined on a Btu basis. TRICITY PRODUCED FROM MARINE ‘‘(v) the credit determined under section 46 ‘‘(C) INPUT AND OUTPUT PROPERTY NOT IN- RENEWABLES. to the extent that such credit is attributable CLUDED.—The term ‘combined heat and (a) IN GENERAL.—Paragraph (1) of section to the energy credit determined under sec- power system property’ does not include 45(c) is amended by striking ‘‘and’’ at the tion 48, and’’. property used to transport the energy source end of subparagraph (G), by striking the pe- (c) ENERGY CREDIT FOR COMBINED HEAT AND to the facility or to distribute energy pro- riod at the end of subparagraph (H) and in- POWER SYSTEM PROPERTY.— duced by the facility. serting ‘‘, and’’, and by adding at the end the (1) IN GENERAL.—Section 48(a)(3)(A) (defin- ‘‘(4) SYSTEMS USING BIOMASS.—If a system following new subparagraph: ing energy property) is amended by striking is designed to use biomass (within the mean- ‘‘(I) marine and hydrokinetic renewable ‘‘or’’ at the end of clause (iii), by inserting ing of paragraphs (2) and (3) of section 45(c) energy.’’. ‘‘or’’ at the end of clause (iv), and by adding without regard to the last sentence of para- (b) MARINE RENEWABLES.—Subsection (c) of at the end the following new clause: graph (3)(A)) for at least 90 percent of the en- section 45 is amended by adding at the end ‘‘(v) combined heat and power system prop- ergy source— the following new paragraph: erty,’’. ‘‘(A) paragraph (1)(C) shall not apply, but ‘‘(10) MARINE AND HYDROKINETIC RENEWABLE (2) COMBINED HEAT AND POWER SYSTEM ‘‘(B) the amount of credit determined ENERGY.— PROPERTY.—Section 48 is amended by adding under subsection (a) with respect to such ‘‘(A) IN GENERAL.—The term ‘marine and at the end the following new subsection: system shall not exceed the amount which hydrokinetic renewable energy’ means en- ‘‘(d) COMBINED HEAT AND POWER SYSTEM bears the same ratio to such amount of cred- ergy derived from— PROPERTY.—For purposes of subsection it (determined without regard to this para- ‘‘(i) waves, tides, and currents in oceans, (a)(3)(A)(v)— graph) as the energy efficiency percentage of estuaries, and tidal areas, ‘‘(1) COMBINED HEAT AND POWER SYSTEM such system bears to 60 percent.’’. ‘‘(ii) free flowing water in rivers, lakes, and PROPERTY.—The term ‘combined heat and (d) INCREASE OF CREDIT LIMITATION FOR streams, power system property’ means property com- FUEL CELL PROPERTY.—Subparagraph (B) of ‘‘(iii) free flowing water in an irrigation prising a system— section 48(c)(1) is amended by striking ‘‘$500’’ system, canal, or other man-made channel, ‘‘(A) which uses the same energy source for and inserting ‘‘$1,500’’. including projects that utilize nonmechan- the simultaneous or sequential generation of (e) PUBLIC UTILITY PROPERTY TAKEN INTO ical structures to accelerate the flow of electrical power, mechanical shaft power, or ACCOUNT.— water for electric power production purposes, both, in combination with the generation of (1) IN GENERAL.—Paragraph (3) of section or steam or other forms of useful thermal en- 48(a) is amended by striking the second sen- ‘‘(iv) differentials in ocean temperature ergy (including heating and cooling applica- tence thereof. (ocean thermal energy conversion). tions), (2) CONFORMING AMENDMENTS.— ‘‘(B) EXCEPTIONS.—Such term shall not in- ‘‘(B) which produces— (A) Paragraph (1) of section 48(c) is amend- clude any energy which is derived from any ‘‘(i) at least 20 percent of its total useful ed by striking subparagraph (D) and redesig- source which utilizes a dam, diversionary energy in the form of thermal energy which nating subparagraph (E) as subparagraph structure (except as provided in subpara- is not used to produce electrical or mechan- (D). graph (A)(iii)), or impoundment for electric ical power (or combination thereof), and (B) Paragraph (2) of section 48(c) is amend- power production purposes.’’. ‘‘(ii) at least 20 percent of its total useful ed by striking subparagraph (D) and redesig- (c) DEFINITION OF FACILITY.—Subsection (d) energy in the form of electrical or mechan- nating subparagraph (E) as subparagraph of section 45 is amended by adding at the end ical power (or combination thereof), (D). the following new paragraph: ‘‘(C) the energy efficiency percentage of (f) EFFECTIVE DATE.— ‘‘(11) MARINE AND HYDROKINETIC RENEWABLE which exceeds 60 percent, and (1) IN GENERAL.—Except as otherwise pro- ENERGY FACILITIES.—In the case of a facility ‘‘(D) which is placed in service before Janu- vided in this subsection, the amendments producing electricity from marine and ary 1, 2017. made by this section shall take effect on the hydrokinetic renewable energy, the term ‘‘(2) LIMITATION.— date of the enactment of this Act.

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00074 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.002 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19258 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 September 16, 2008

(2) ALLOWANCE AGAINST ALTERNATIVE MIN- ‘‘(iv) $1,667 in the case of each half kilo- section (a) exceeds the limitation imposed by IMUM TAX.—The amendments made by sub- watt of capacity (not to exceed $13,333) of section 26(a)(2) for such taxable year reduced section (b) shall apply to credits determined wind turbines for which qualified small wind by the sum of the credits allowable under under section 46 of the Internal Revenue energy property expenditures are made.’’. this subpart (other than this section), such Code of 1986 in taxable years beginning after (d) CREDIT FOR GEOTHERMAL HEAT PUMP excess shall be carried to the succeeding tax- the date of the enactment of this Act and to SYSTEMS.— able year and added to the credit allowable carrybacks of such credits. (1) IN GENERAL.—Section 25D(a), as amend- under subsection (a) for such succeeding tax- (3) COMBINED HEAT AND POWER AND FUEL ed by subsection (c), is amended by striking able year. CELL PROPERTY.—The amendments made by ‘‘and’’ at the end of paragraph (3), by strik- ‘‘(B) RULE FOR OTHER YEARS.—In the case subsections (c) and (d) shall apply to periods ing the period at the end of paragraph (4) and of a taxable year to which section 26(a)(2) after the date of the enactment of this Act, inserting ‘‘, and’’, and by adding at the end does not apply, if the credit allowable under in taxable years ending after such date, the following new paragraph: subsection (a) exceeds the limitation im- under rules similar to the rules of section ‘‘(5) 30 percent of the qualified geothermal posed by paragraph (1) for such taxable year, 48(m) of the Internal Revenue Code of 1986 heat pump property expenditures made by such excess shall be carried to the suc- (as in effect on the day before the date of the the taxpayer during such year.’’. ceeding taxable year and added to the credit enactment of the Revenue Reconciliation (2) LIMITATION.—Section 25D(b)(1), as allowable under subsection (a) for such suc- Act of 1990). amended by subsection (c), is amended by ceeding taxable year.’’. (4) PUBLIC UTILITY PROPERTY.—The amend- striking ‘‘and’’ at the end of subparagraph (2) CONFORMING AMENDMENTS.— ments made by subsection (e) shall apply to (C), by striking the period at the end of sub- (A) Section 23(b)(4)(B) is amended by in- periods after February 13, 2008, in taxable paragraph (D) and inserting ‘‘, and’’, and by serting ‘‘and section 25D’’ after ‘‘this sec- years ending after such date, under rules adding at the end the following new subpara- tion’’. similar to the rules of section 48(m) of the graph: (B) Section 24(b)(3)(B) is amended by strik- Internal Revenue Code of 1986 (as in effect on ‘‘(E) $2,000 with respect to any qualified ing ‘‘and 25B’’ and inserting ‘‘, 25B, and 25D’’. the day before the date of the enactment of geothermal heat pump property expendi- (C) Section 25B(g)(2) is amended by strik- the Revenue Reconciliation Act of 1990). tures.’’. ing ‘‘section 23’’ and inserting ‘‘sections 23 SEC. 804. CREDIT FOR RESIDENTIAL ENERGY EF- (3) QUALIFIED GEOTHERMAL HEAT PUMP and 25D’’. FICIENT PROPERTY. PROPERTY EXPENDITURE.—Section 25D(d), as (D) Section 26(a)(1) is amended by striking (a) EXTENSION.—Section 25D(g) is amended amended by subsection (c), is amended by ‘‘and 25B’’ and inserting ‘‘25B, and 25D’’. by striking ‘‘December 31, 2008’’ and insert- adding at the end the following new para- (f) EFFECTIVE DATE.— ing ‘‘December 31, 2016’’. graph: (1) IN GENERAL.—The amendments made by (b) MAXIMUM CREDIT FOR SOLAR ELECTRIC ‘‘(5) QUALIFIED GEOTHERMAL HEAT PUMP this section shall apply to taxable years be- PROPERTY.— PROPERTY EXPENDITURE.— ginning after December 31, 2007. (1) IN GENERAL.—Section 25D(b)(1)(A) is ‘‘(A) IN GENERAL.—The term ‘qualified geo- (2) APPLICATION OF EGTRRA SUNSET.—The amended by striking ‘‘$2,000’’ and inserting amendments made by subparagraphs (A) and ‘‘$4,000’’. thermal heat pump property expenditure’ means an expenditure for qualified geo- (B) of subsection (e)(2) shall be subject to (2) CONFORMING AMENDMENT.—Section thermal heat pump property installed on or title IX of the Economic Growth and Tax Re- 25D(e)(4)(A)(i) is amended by striking lief Reconciliation Act of 2001 in the same ‘‘$6,667’’ and inserting ‘‘$13,333’’. in connection with a dwelling unit located in the United States and used as a residence by manner as the provisions of such Act to (c) CREDIT FOR RESIDENTIAL WIND PROP- which such amendments relate. ERTY.— the taxpayer. SEC. 805. SPECIAL RULE TO IMPLEMENT FERC N GENERAL ‘‘(B) QUALIFIED GEOTHERMAL HEAT PUMP (1) I .—Section 25D(a) is amended AND STATE ELECTRIC RESTRUC- PROPERTY.—The term ‘qualified geothermal by striking ‘‘and’’ at the end of paragraph TURING POLICY. heat pump property’ means any equipment (2), by striking the period at the end of para- (a) EXTENSION FOR QUALIFIED ELECTRIC which— graph (3) and inserting ‘‘, and’’, and by add- UTILITIES.— ‘‘(i) uses the ground or ground water as a ing at the end the following new paragraph: (1) IN GENERAL.—Paragraph (3) of section thermal energy source to heat the dwelling ‘‘(4) 30 percent of the qualified small wind 451(i) is amended by inserting ‘‘(before Janu- unit referred to in subparagraph (A) or as a energy property expenditures made by the ary 1, 2010, in the case of a qualified electric thermal energy sink to cool such dwelling taxpayer during such year.’’. utility)’’ after ‘‘January 1, 2008’’. unit, and (2) LIMITATION.—Section 25D(b)(1) is (2) QUALIFIED ELECTRIC UTILITY.—Sub- ‘‘(ii) meets the requirements of the Energy amended by striking ‘‘and’’ at the end of subsection (i) of section 451 is amended by redes- Star program which are in effect at the time paragraph (B), by striking the period at the ignating paragraphs (6) through (10) as para- that the expenditure for such equipment is end of subparagraph (C) and inserting ‘‘, graphs (7) through (11), respectively, and by made.’’. and’’, and by adding at the end the following inserting after paragraph (5) the following (4) MAXIMUM EXPENDITURES IN CASE OF new subparagraph: new paragraph: ‘‘(D) $500 with respect to each half kilowatt JOINT OCCUPANCY.—Section 25D(e)(4)(A), as ‘‘(6) QUALIFIED ELECTRIC UTILITY.—For pur- amended by subsection (c), is amended by of capacity (not to exceed $4,000) of wind tur- poses of this subsection, the term ‘qualified striking ‘‘and’’ at the end of clause (iii), by bines for which qualified small wind energy electric utility’ means a person that, as of striking the period at the end of clause (iv) property expenditures are made.’’. the date of the qualifying electric trans- (3) QUALIFIED SMALL WIND ENERGY PROP- and inserting ‘‘, and’’, and by adding at the mission transaction, is vertically integrated, ERTY EXPENDITURES.— end the following new clause: in that it is both— (A) IN GENERAL.—Section 25D(d) is amend- ‘‘(v) $6,667 in the case of any qualified geo- ‘‘(A) a transmitting utility (as defined in ed by adding at the end the following new thermal heat pump property expenditures.’’. section 3(23) of the Federal Power Act (16 paragraph: (e) CREDIT ALLOWED AGAINST ALTERNATIVE U.S.C. 796(23))) with respect to the trans- ‘‘(4) QUALIFIED SMALL WIND ENERGY PROP- MINIMUM TAX.— mission facilities to which the election ERTY EXPENDITURE.—The term ‘qualified (1) IN GENERAL.—Subsection (c) of section under this subsection applies, and small wind energy property expenditure’ 25D is amended to read as follows: ‘‘(B) an electric utility (as defined in sec- means an expenditure for property which ‘‘(c) LIMITATION BASED ON AMOUNT OF TAX; tion 3(22) of the Federal Power Act (16 U.S.C. uses a wind turbine to generate electricity CARRYFORWARD OF UNUSED CREDIT.— 796(22))).’’. for use in connection with a dwelling unit lo- ‘‘(1) LIMITATION BASED ON AMOUNT OF TAX.— (b) EXTENSION OF PERIOD FOR TRANSFER OF cated in the United States and used as a resi- In the case of a taxable year to which section OPERATIONAL CONTROL AUTHORIZED BY dence by the taxpayer.’’. 26(a)(2) does not apply, the credit allowed FERC.—Clause (ii) of section 451(i)(4)(B) is (B) NO DOUBLE BENEFIT.—Section 45(d)(1) is under subsection (a) for the taxable year amended by striking ‘‘December 31, 2007’’ and amended by adding at the end the following shall not exceed the excess of— inserting ‘‘the date which is 4 years after the new sentence: ‘‘Such term shall not include ‘‘(A) the sum of the regular tax liability close of the taxable year in which the trans- any facility with respect to which any quali- (as defined in section 26(b)) plus the tax im- action occurs’’. fied small wind energy property expenditure posed by section 55, over (c) PROPERTY LOCATED OUTSIDE THE UNITED (as defined in subsection (d)(4) of section ‘‘(B) the sum of the credits allowable under STATES NOT TREATED AS EXEMPT UTILITY 25D) is taken into account in determining this subpart (other than this section) and PROPERTY.—Paragraph (5) of section 451(i) is the credit under such section.’’. section 27 for the taxable year. amended by adding at the end the following (4) MAXIMUM EXPENDITURES IN CASE OF ‘‘(2) CARRYFORWARD OF UNUSED CREDIT.— new subparagraph: JOINT OCCUPANCY.—Section 25D(e)(4)(A) is ‘‘(A) RULE FOR YEARS IN WHICH ALL PER- ‘‘(C) EXCEPTION FOR PROPERTY LOCATED amended by striking ‘‘and’’ at the end of SONAL CREDITS ALLOWED AGAINST REGULAR OUTSIDE THE UNITED STATES.—The term ‘ex- clause (ii), by striking the period at the end AND ALTERNATIVE MINIMUM TAX.—In the case empt utility property’ shall not include any of clause (iii) and inserting ‘‘, and’’, and by of a taxable year to which section 26(a)(2) ap- property which is located outside the United adding at the end the following new clause: plies, if the credit allowable under sub- States.’’.

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00075 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.002 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 19259

(d) EFFECTIVE DATES.— manner as the Secretary determines appro- PART 2—CARBON MITIGATION (1) EXTENSION.—The amendments made by priate. PROVISIONS subsection (a) shall apply to transactions ‘‘(d) DEFINITIONS.—For purposes of this sec- SEC. 811. EXPANSION AND MODIFICATION OF AD- after December 31, 2007. tion— VANCED COAL PROJECT INVEST- (2) TRANSFERS OF OPERATIONAL CONTROL.— ‘‘(1) QUALIFIED RENEWABLE ENERGY FACIL- MENT CREDIT. The amendment made by subsection (b) shall ITY.—The term ‘qualified renewable energy (a) MODIFICATION OF CREDIT AMOUNT.—Sec- take effect as if included in section 909 of the facility’ means a qualified facility (as deter- tion 48A(a) is amended by striking ‘‘and’’ at American Jobs Creation Act of 2004. mined under section 45(d) without regard to the end of paragraph (1), by striking the pe- (3) EXCEPTION FOR PROPERTY LOCATED OUT- paragraphs (8) and (10) thereof and to any riod at the end of paragraph (2) and inserting SIDE THE UNITED STATES.—The amendment placed in service date) owned by a public ‘‘, and’’, and by adding at the end the fol- made by subsection (c) shall apply to trans- power provider, a governmental body, or a lowing new paragraph: actions after the date of the enactment of cooperative electric company. ‘‘(3) 30 percent of the qualified investment this Act. ‘‘(2) PUBLIC POWER PROVIDER.—The term for such taxable year in the case of projects SEC. 806. NEW CLEAN RENEWABLE ENERGY ‘public power provider’ means a State utility described in clause (iii) of subsection BONDS. with a service obligation, as such terms are (d)(3)(B).’’. (a) IN GENERAL.—Subpart I of part IV of defined in section 217 of the Federal Power (b) EXPANSION OF AGGREGATE CREDITS.— subchapter A of chapter 1 is amended by add- Act (as in effect on the date of the enact- Section 48A(d)(3)(A) is amended by striking ing at the end the following new section: ment of this paragraph). ‘‘$1,300,000,000’’ and inserting ‘‘$2,250,000,000’’. ‘‘SEC. 54C. NEW CLEAN RENEWABLE ENERGY ‘‘(3) GOVERNMENTAL BODY.—The term ‘gov- (c) AUTHORIZATION OF ADDITIONAL BONDS. ernmental body’ means any State or Indian PROJECTS.— ‘‘(a) NEW CLEAN RENEWABLE ENERGY tribal government, or any political subdivi- (1) IN GENERAL.—Subparagraph (B) of sec- BOND.—For purposes of this subpart, the sion thereof. tion 48A(d)(3) is amended to read as follows: term ‘new clean renewable energy bond’ ‘‘(4) COOPERATIVE ELECTRIC COMPANY.—The ‘‘(B) PARTICULAR PROJECTS.—Of the dollar means any bond issued as part of an issue term ‘cooperative electric company’ means a amount in subparagraph (A), the Secretary if— mutual or cooperative electric company de- is authorized to certify— ‘‘(1) 100 percent of the available project scribed in section 501(c)(12) or section ‘‘(i) $800,000,000 for integrated gasification proceeds of such issue are to be used for cap- 1381(a)(2)(C). combined cycle projects the application for ital expenditures incurred by public power ‘‘(5) CLEAN RENEWABLE ENERGY BOND LEND- which is submitted during the period de- providers or cooperative electric companies ER.—The term ‘clean renewable energy bond scribed in paragraph (2)(A)(i), for one or more qualified renewable energy lender’ means a lender which is a cooperative ‘‘(ii) $500,000,000 for projects which use facilities, which is owned by, or has outstanding loans other advanced coal-based generation tech- ‘‘(2) the bond is issued by a qualified issuer, to, 100 or more cooperative electric compa- nologies the application for which is sub- and nies and is in existence on February 1, 2002, mitted during the period described in para- ‘‘(3) the issuer designates such bond for and shall include any affiliated entity which graph (2)(A)(i), and purposes of this section. is controlled by such lender. ‘‘(iii) $950,000,000 for advanced coal-based ‘‘(b) REDUCED CREDIT AMOUNT.—The annual ‘‘(6) QUALIFIED ISSUER.—The term ‘quali- generation technology projects the applica- credit determined under section 54A(b) with fied issuer’ means a public power provider, a tion for which is submitted during the period respect to any new clean renewable energy cooperative electric company, a govern- described in paragraph (2)(A)(ii).’’. bond shall be 70 percent of the amount so de- mental body, a clean renewable energy bond (2) APPLICATION PERIOD FOR ADDITIONAL termined without regard to this subsection. lender, or a not-for-profit electric utility PROJECTS.—Subparagraph (A) of section ‘‘(c) LIMITATION ON AMOUNT OF BONDS DES- which has received a loan or loan guarantee 48A(d)(2) is amended to read as follows: IGNATED.— under the Rural Electrification Act.’’. ‘‘(A) APPLICATION PERIOD.—Each applicant ‘‘(1) IN GENERAL.—The maximum aggregate for certification under this paragraph shall face amount of bonds which may be des- (b) CONFORMING AMENDMENTS.— submit an application meeting the require- ignated under subsection (a) by any issuer (1) Paragraph (1) of section 54A(d) is ments of subparagraph (B). An applicant shall not exceed the limitation amount allo- amended to read as follows: may only submit an application— cated under this subsection to such issuer. ‘‘(1) QUALIFIED TAX CREDIT BOND.—The term ‘‘(i) for an allocation from the dollar ‘‘(2) NATIONAL LIMITATION ON AMOUNT OF ‘qualified tax credit bond’ means— amount specified in clause (i) or (ii) of para- BONDS DESIGNATED.—There is a national new ‘‘(A) a qualified forestry conservation graph (3)(B) during the 3-year period begin- clean renewable energy bond limitation of bond, or ning on the date the Secretary establishes $1,750,000,000 which shall be allocated by the ‘‘(B) a new clean renewable energy bond, the program under paragraph (1), and Secretary as provided in paragraph (3), ex- which is part of an issue that meets require- ‘‘(ii) for an allocation from the dollar cept that— ments of paragraphs (2), (3), (4), (5), and (6).’’. amount specified in paragraph (3)(B)(iii) dur- (2) Subparagraph (C) of section 54A(d)(2) is ‘‘(A) not more than 331⁄3 percent thereof ing the 3-year period beginning at the earlier may be allocated to qualified projects of pub- amended to read as follows: of the termination of the period described in lic power providers, ‘‘(C) QUALIFIED PURPOSE.—For purposes of clause (i) or the date prescribed by the Sec- this paragraph, the term ‘qualified purpose’ ‘‘(B) not more than 331⁄3 percent thereof retary.’’. may be allocated to qualified projects of gov- means— (3) CAPTURE AND SEQUESTRATION OF CARBON ernmental bodies, and ‘‘(i) in the case of a qualified forestry con- DIOXIDE EMISSIONS REQUIREMENT.— servation bond, a purpose specified in section ‘‘(C) not more than 331⁄3 percent thereof (A) IN GENERAL.—Section 48A(e)(1) is may be allocated to qualified projects of co- 54B(e), and amended by striking ‘‘and’’ at the end of sub- operative electric companies. ‘‘(ii) in the case of a new clean renewable paragraph (E), by striking the period at the ‘‘(3) METHOD OF ALLOCATION.— energy bond, a purpose specified in section end of subparagraph (F) and inserting ‘‘; ‘‘(A) ALLOCATION AMONG PUBLIC POWER PRO- 54C(a)(1).’’. and’’, and by adding at the end the following VIDERS.—After the Secretary determines the (3) The table of sections for subpart I of new subparagraph: qualified projects of public power providers part IV of subchapter A of chapter 1 is ‘‘(G) in the case of any project the applica- which are appropriate for receiving an allo- amended by adding at the end the following tion for which is submitted during the period cation of the national new clean renewable new item: described in subsection (d)(2)(A)(ii), the energy bond limitation, the Secretary shall, ‘‘Sec. 54C. New clean renewable energy project includes equipment which separates to the maximum extent practicable, make bonds.’’. and sequesters at least 65 percent (70 percent allocations among such projects in such in the case of an application for reallocated manner that the amount allocated to each (c) APPLICATION OF CERTAIN LABOR STAND- credits under subsection (d)(4)) of such such project bears the same ratio to the cost ARDS ON PROJECTS FINANCED UNDER TAX project’s total carbon dioxide emissions.’’. of such project as the limitation under para- CREDIT BONDS.—Subchapter IV of chapter 31 (B) HIGHEST PRIORITY FOR PROJECTS WHICH graph (2)(A) bears to the cost of all such of title 40, United States Code, shall apply to SEQUESTER CARBON DIOXIDE EMISSIONS.—Sec- projects. projects financed with the proceeds of any tion 48A(e)(3) is amended by striking ‘‘and’’ ‘‘(B) ALLOCATION AMONG GOVERNMENTAL tax credit bond (as defined in section 54A of at the end of subparagraph (A)(iii), by strik- BODIES AND COOPERATIVE ELECTRIC COMPA- the Internal Revenue Code of 1986) other ing the period at the end of subparagraph NIES.—The Secretary shall make allocations than qualified forestry conservation bonds (B)(iii) and inserting ‘‘, and’’, and by adding of the amount of the national new clean re- (as defined in section 54B of such Code). at the end the following new subparagraph: newable energy bond limitation described in (d) EFFECTIVE DATE.—The amendments ‘‘(C) give highest priority to projects with paragraphs (2)(B) and (2)(C) among qualified made by this section shall apply to obliga- the greatest separation and sequestration projects of governmental bodies and coopera- tions issued after the date of the enactment percentage of total carbon dioxide emis- tive electric companies, respectively, in such of this Act. sions.’’.

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00076 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.002 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19260 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 September 16, 2008

(C) RECAPTURE OF CREDIT FOR FAILURE TO ‘‘(4) SELECTION PRIORITIES.—In determining (III) is in favor of the coal producer or the SEQUESTER.—Section 48A is amended by add- which qualifying gasification projects to cer- party related to the coal producer. ing at the end the following new subsection: tify under this section, the Secretary shall— (2) EXPORTERS.—Notwithstanding sub- ‘‘(i) RECAPTURE OF CREDIT FOR FAILURE TO ‘‘(A) give highest priority to projects with sections (a)(1) and (c) of section 6416 and sec- SEQUESTER.—The Secretary shall provide for the greatest separation and sequestration tion 6511 of the Internal Revenue Code of recapturing the benefit of any credit allow- percentage of total carbon dioxide emissions, 1986, and a judgment described in paragraph able under subsection (a) with respect to any and (1)(B)(iii) of this subsection, if— project which fails to attain or maintain the ‘‘(B) give high priority to applicant par- (A) an exporter establishes that such ex- separation and sequestration requirements ticipants who have a research partnership porter exported coal to a foreign country or of subsection (e)(1)(G).’’. with an eligible educational institution (as shipped coal to a possession of the United (4) ADDITIONAL PRIORITY FOR RESEARCH defined in section 529(e)(5)).’’. States, or caused such coal to be so exported PARTNERSHIPS.—Section 48A(e)(3)(B), as (e) EFFECTIVE DATE.—The amendments or shipped, amended by paragraph (3)(B), is amended— made by this section shall apply to credits (B) such exporter filed a tax return on or (A) by striking ‘‘and’’ at the end of clause described in section 48B(d)(1)(B) of the Inter- after October 1, 1990, and on or before the (ii), nal Revenue Code of 1986 which are allocated date of the enactment of this Act, and (B) by redesignating clause (iii) as clause or reallocated after the date of the enact- (C) such exporter files a claim for refund (iv), and ment of this Act. with the Secretary not later than the close (C) by inserting after clause (ii) the fol- SEC. 813. TEMPORARY INCREASE IN COAL EXCISE of the 30-day period beginning on the date of lowing new clause: TAX. the enactment of this Act, Paragraph (2) of section 4121(e) is amend- ‘‘(iii) applicant participants who have a reed— then the Secretary shall pay to such ex- search partnership with an eligible edu- (1) by striking ‘‘January 1, 2014’’ in sub- porter an amount equal to $0.825 per ton of cational institution (as defined in section paragraph (A) and inserting ‘‘December 31, such coal exported by the exporter or caused 529(e)(5)), and’’. 2018’’, and to be exported or shipped, or caused to be ex- (5) CLERICAL AMENDMENT.—Section (2) by striking ‘‘January 1 after 1981’’ in ported or shipped, by the exporter. 48A(e)(3) is amended by striking ‘‘INTE- subparagraph (B) and inserting ‘‘December 31 (b) LIMITATIONS.—Subsection (a) shall not GRATED GASIFICATION COMBINED CYCLE’’ in the after 2007’’. apply with respect to exported coal if a set- heading and inserting ‘‘CERTAIN’’. SEC. 814. SPECIAL RULES FOR REFUND OF THE tlement with the Federal Government has ISCLOSURE OF LLOCATIONS (d) D A .—Section COAL EXCISE TAX TO CERTAIN COAL been made with and accepted by, the coal 48A(d) is amended by adding at the end the PRODUCERS AND EXPORTERS. producer, a party related to such coal pro- following new paragraph: (a) REFUND.— ducer, or the exporter, of such coal, as of the ‘‘(5) DISCLOSURE OF ALLOCATIONS.—The Sec- (1) COAL PRODUCERS.— date that the claim is filed under this secretary shall, upon making a certification (A) IN GENERAL.—Notwithstanding sub- tion with respect to such exported coal. For under this subsection or section 48B(d), pub- sections (a)(1) and (c) of section 6416 and sec- purposes of this subsection, the term ‘‘settle- licly disclose the identity of the applicant tion 6511 of the Internal Revenue Code of ment with the Federal Government’’ shall and the amount of the credit certified with 1986, if— not include any settlement or stipulation en- respect to such applicant.’’. (i) a coal producer establishes that such tered into as of the date of the enactment of (e) EFFECTIVE DATES.— coal producer, or a party related to such coal this Act, the terms of which contemplate a (1) IN GENERAL.—Except as otherwise pro- producer, exported coal produced by such judgment concerning which any party has vided in this subsection, the amendments coal producer to a foreign country or shipped reserved the right to file an appeal, or has made by this section shall apply to credits coal produced by such coal producer to a pos- filed an appeal. the application for which is submitted dur- session of the United States, or caused such (c) SUBSEQUENT REFUND PROHIBITED.—No ing the period described in section coal to be exported or shipped, the export or refund shall be made under this section to 48A(d)(2)(A)(ii) of the Internal Revenue Code shipment of which was other than through the extent that a credit or refund of such tax of 1986 and which are allocated or reallocated an exporter who meets the requirements of on such exported or shipped coal has been after the date of the enactment of this Act. paragraph (2), paid to any person. (2) DISCLOSURE OF ALLOCATIONS.—The (ii) such coal producer filed an excise tax (d) DEFINITIONS.—For purposes of this sec- amendment made by subsection (d) shall return on or after October 1, 1990, and on or tion— apply to certifications made after the date of before the date of the enactment of this Act, (1) COAL PRODUCER.—The term ‘‘coal pro- the enactment of this Act. and ducer’’ means the person in whom is vested (3) CLERICAL AMENDMENT.—The amendment (iii) such coal producer files a claim for re- ownership of the coal immediately after the made by subsection (c)(5) shall take effect as fund with the Secretary not later than the coal is severed from the ground, without re- if included in the amendment made by sec- close of the 30-day period beginning on the gard to the existence of any contractual ar- tion 1307(b) of the Energy Tax Incentives Act date of the enactment of this Act, rangement for the sale or other disposition of 2005. then the Secretary shall pay to such coal of the coal or the payment of any royalties SEC. 812. EXPANSION AND MODIFICATION OF producer an amount equal to the tax paid between the producer and third parties. The COAL GASIFICATION INVESTMENT under section 4121 of such Code on such coal term includes any person who extracts coal CREDIT. exported or shipped by the coal producer or from coal waste refuse piles or from the silt (a) MODIFICATION OF CREDIT AMOUNT.—Sec- a party related to such coal producer, or waste product which results from the wet tion 48B(a) is amended by inserting ‘‘(30 per- caused by the coal producer or a party re- washing (or similar processing) of coal. cent in the case of credits allocated under lated to such coal producer to be exported or (2) EXPORTER.—The term ‘‘exporter’’ means subsection (d)(1)(B))’’ after ‘‘20 percent’’. shipped. a person, other than a coal producer, who (b) EXPANSION OF AGGREGATE CREDITS.— (B) SPECIAL RULES FOR CERTAIN TAX- does not have a contract, fee arrangement, Section 48B(d)(1) is amended by striking PAYERS.—For purposes of this section— or any other agreement with a producer or ‘‘shall not exceed $350,000,000’’ and all that (i) IN GENERAL.—If a coal producer or a seller of such coal to export or ship such coal follows and inserting ‘‘shall not exceed— party related to a coal producer has received to a third party on behalf of the producer or ‘‘(A) $350,000,000, plus a judgment described in clause (iii), such seller of such coal and— ‘‘(B) $150,000,000 for qualifying gasification coal producer shall be deemed to have estab- (A) is indicated in the shipper’s export dec- projects that include equipment which sepa- lished the export of coal to a foreign country laration or other documentation as the ex- rates and sequesters at least 75 percent of or shipment of coal to a possession of the porter of record, or such project’s total carbon dioxide emis- United States under subparagraph (A)(i). (B) actually exported such coal to a foreign sions.’’. (ii) AMOUNT OF PAYMENT.—If a taxpayer de- country or shipped such coal to a possession (c) RECAPTURE OF CREDIT FOR FAILURE TO scribed in clause (i) is entitled to a payment of the United States, or caused such coal to SEQUESTER.—Section 48B is amended by add- under subparagraph (A), the amount of such be so exported or shipped. ing at the end the following new subsection: payment shall be reduced by any amount (3) RELATED PARTY.—The term ‘‘a party re- ‘‘(f) RECAPTURE OF CREDIT FOR FAILURE TO paid pursuant to the judgment described in lated to such coal producer’’ means a person SEQUESTER.—The Secretary shall provide for clause (iii). who— recapturing the benefit of any credit allow- (iii) JUDGMENT DESCRIBED.—A judgment is (A) is related to such coal producer able under subsection (a) with respect to any described in this subparagraph if such judg- through any degree of common management, project which fails to attain or maintain the ment— stock ownership, or voting control, separation and sequestration requirements (I) is made by a court of competent juris- (B) is related (within the meaning of sec- for such project under subsection (d)(1).’’. diction within the United States, tion 144(a)(3) of the Internal Revenue Code of (d) SELECTION PRIORITIES.—Section 48B(d) (II) relates to the constitutionality of any 1986) to such coal producer, or is amended by adding at the end the fol- tax paid on exported coal under section 4121 (C) has a contract, fee arrangement, or any lowing new paragraph: of the Internal Revenue Code of 1986, and other agreement with such coal producer to

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00077 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.002 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 19261 sell such coal to a third party on behalf of hemicellulosic matter that is available on a ciety of Testing and Materials specification such coal producer. renewable or recurring basis.’’. for aviation turbine fuel. (4) SECRETARY.—The term ‘‘Secretary’’ (b) CONFORMING AMENDMENTS.—Subsection ‘‘(B) APPLICATION OF MIXTURE CREDITS.—In means the Secretary of Treasury or the Sec- (l) of section 168 is amended— the case of fuel which is treated as renewable retary’s designee. (1) by striking ‘‘cellulosic biomass eth- diesel solely by reason of subparagraph (A), (e) TIMING OF REFUND.—With respect to anol’’ each place it appears and inserting subsection (b)(1) and section 6426(c) shall be any claim for refund filed pursuant to this ‘‘cellulosic biofuel’’, applied with respect to such fuel by treating section, the Secretary shall determine (2) by striking ‘‘CELLULOSIC BIOMASS ETH- kerosene as though it were diesel fuel.’’. whether the requirements of this section are ANOL’’ in the heading of such subsection and (f) EFFECTIVE DATE.— met not later than 180 days after such claim inserting ‘‘CELLULOSIC BIOFUEL’’, and (1) IN GENERAL.—Except as otherwise pro- is filed. If the Secretary determines that the (3) by striking ‘‘CELLULOSIC BIOMASS ETH- vided in this subsection, the amendments requirements of this section are met, the ANOL’’ in the heading of paragraph (2) thereof made by this section shall apply to fuel proclaim for refund shall be paid not later than and inserting ‘‘CELLULOSIC BIOFUEL’’. duced, and sold or used, after December 31, 180 days after the Secretary makes such de- (c) EFFECTIVE DATE.—The amendments 2008. termination. made by this section shall apply to property (2) COPRODUCTION OF RENEWABLE DIESEL (f) INTEREST.—Any refund paid pursuant to placed in service after the date of the enact- WITH PETROLEUM FEEDSTOCK.—The amend- this section shall be paid by the Secretary ment of this Act, in taxable years ending ments made by subsection (c) shall apply to with interest from the date of overpayment after such date. fuel produced, and sold or used, after Feb- determined by using the overpayment rate SEC. 822. CREDITS FOR BIODIESEL AND RENEW- ruary 13, 2008. and method under section 6621 of the Inter- ABLE DIESEL. SEC. 823. CLARIFICATION THAT CREDITS FOR nal Revenue Code of 1986. (a) IN GENERAL.—Sections 40A(g), 6426(c)(6), FUEL ARE DESIGNED TO PROVIDE (g) DENIAL OF DOUBLE BENEFIT.—The pay- and 6427(e)(5)(B) are each amended by strik- AN INCENTIVE FOR UNITED STATES ment under subsection (a) with respect to ing ‘‘December 31, 2008’’ and inserting ‘‘De- PRODUCTION. any coal shall not exceed— cember 31, 2009’’. (a) ALCOHOL FUELS CREDIT.—Subsection (d) (1) in the case of a payment to a coal pro- (b) INCREASE IN RATE OF CREDIT.— of section 40 is amended by adding at the end ducer, the amount of tax paid under section (1) INCOME TAX CREDIT.—Paragraphs (1)(A) the following new paragraph: 4121 of the Internal Revenue Code of 1986 and (2)(A) of section 40A(b) are each amended ‘‘(7) LIMITATION TO ALCOHOL WITH CONNEC- with respect to such coal by such coal pro- by striking ‘‘50 cents’’ and inserting ‘‘$1.00’’. TION TO THE UNITED STATES.—No credit shall ducer or a party related to such coal pro- (2) EXCISE TAX CREDIT.—Paragraph (2) of be determined under this section with re- ducer, and section 6426(c) is amended to read as follows: spect to any alcohol which is produced out- (2) in the case of a payment to an exporter, ‘‘(2) APPLICABLE AMOUNT.—For purposes of side the United States for use as a fuel out- an amount equal to $0.825 per ton with re- this subsection, the applicable amount is side the United States. For purposes of this spect to such coal exported by the exporter $1.00.’’. paragraph, the term ‘United States’ includes or caused to be exported by the exporter. (3) CONFORMING AMENDMENTS.— any possession of the United States.’’. (b) BIODIESEL FUELS CREDIT.—Subsection (h) APPLICATION OF SECTION.—This section (A) Subsection (b) of section 40A is amend- (d) of section 40A is amended by adding at applies only to claims on coal exported or ed by striking paragraph (3) and by redesig- the end the following new paragraph: shipped on or after October 1, 1990, through nating paragraphs (4) and (5) as paragraphs ‘‘(5) LIMITATION TO BIODIESEL WITH CONNEC- the date of the enactment of this Act. (3) and (4), respectively. TION TO THE UNITED STATES.—No credit shall (i) STANDING NOT CONFERRED.— (B) Paragraph (2) of section 40A(f) is be determined under this section with re- (1) EXPORTERS.—With respect to exporters, amended to read as follows: spect to any biodiesel which is produced out- this section shall not confer standing upon ‘‘(2) EXCEPTION.—Subsection (b)(4) shall side the United States for use as a fuel out- an exporter to commence, or intervene in, not apply with respect to renewable diesel.’’. side the United States. For purposes of this any judicial or administrative proceeding (C) Paragraphs (2) and (3) of section 40A(e) paragraph, the term ‘United States’ includes concerning a claim for refund by a coal pro- are each amended by striking ‘‘subsection any possession of the United States.’’. ducer of any Federal or State tax, fee, or (b)(5)(C)’’ and inserting ‘‘subsection (c) EXCISE TAX CREDIT.— royalty paid by the coal producer. (b)(4)(C)’’. (1) IN GENERAL.—Section 6426 is amended (2) COAL PRODUCERS.—With respect to coal (D) Clause (ii) of section 40A(d)(3)(C) is by adding at the end the following new sub- producers, this section shall not confer amended by striking ‘‘subsection (b)(5)(B)’’ section: standing upon a coal producer to commence, and inserting ‘‘subsection (b)(4)(B)’’. ‘‘(i) LIMITATION TO FUELS WITH CONNECTION or intervene in, any judicial or administra- (c) UNIFORM TREATMENT OF DIESEL PRO- TO THE UNITED STATES.— tive proceeding concerning a claim for re- DUCED FROM BIOMASS.—Paragraph (3) of sec- ‘‘(1) ALCOHOL.—No credit shall be deter- fund by an exporter of any Federal or State tion 40A(f) is amended— mined under this section with respect to any tax, fee, or royalty paid by the producer and (1) by striking ‘‘diesel fuel’’ and inserting alcohol which is produced outside the United alleged to have been passed on to an ex- ‘‘liquid fuel’’, States for use as a fuel outside the United porter. (2) by striking ‘‘using a thermal States. SEC. 815. CARBON AUDIT OF THE TAX CODE. depolymerization process’’, and ‘‘(2) BIODIESEL AND ALTERNATIVE FUELS.— (a) STUDY.—The Secretary of the Treasury (3) by striking ‘‘or D396’’ in subparagraph No credit shall be determined under this sec- shall enter into an agreement with the Na- (B) and inserting ‘‘, D396, or other equivalent tion with respect to any biodiesel or alter- tional Academy of Sciences to undertake a standard approved by the Secretary’’. native fuel which is produced outside the comprehensive review of the Internal Rev- (d) COPRODUCTION OF RENEWABLE DIESEL United States for use as a fuel outside the enue Code of 1986 to identify the types of and WITH PETROLEUM FEEDSTOCK.— United States. (1) IN GENERAL.—Paragraph (3) of section specific tax provisions that have the largest For purposes of this subsection, the term 40A(f) (defining renewable diesel) is amended effects on carbon and other greenhouse gas ‘United States’ includes any possession of by adding at the end the following flush sen- emissions and to estimate the magnitude of the United States.’’. those effects. tence: (2) CONFORMING AMENDMENT.—Subsection (b) REPORT.—Not later than 2 years after ‘‘Such term does not include any fuel derived (e) of section 6427 is amended by redesig- the date of enactment of this Act, the Na- from coprocessing biomass with a feedstock nating paragraph (5) as paragraph (6) and by tional Academy of Sciences shall submit to which is not biomass. For purposes of this inserting after paragraph (4) the following Congress a report containing the results of paragraph, the term ‘biomass’ has the mean- new paragraph: study authorized under this section. ing given such term by section 45K(c)(3).’’. ‘‘(5) LIMITATION TO FUELS WITH CONNECTION (c) AUTHORIZATION OF APPROPRIATIONS.— (2) CONFORMING AMENDMENT.—Paragraph TO THE UNITED STATES.—No amount shall be There is authorized to be appropriated to (3) of section 40A(f) is amended by striking payable under paragraph (1) or (2) with re- carry out this section $1,500,000 for the period ‘‘(as defined in section 45K(c)(3))’’. spect to any mixture or alternative fuel if of fiscal years 2009 and 2010. (e) ELIGIBILITY OF CERTAIN AVIATION credit is not allowed with respect to such Subtitle B—Transportation and Domestic FUEL.—Subsection (f) of section 40A (relating mixture or alternative fuel by reason of sec- Fuel Security Provisions to renewable diesel) is amended by adding at tion 6426(i).’’. SEC. 821. INCLUSION OF CELLULOSIC BIOFUEL the end the following new paragraph: (d) EFFECTIVE DATE.—The amendments IN BONUS DEPRECIATION FOR BIO- ‘‘(4) CERTAIN AVIATION FUEL.— made by this section shall apply to claims MASS ETHANOL PLANT PROPERTY. ‘‘(A) IN GENERAL.—Except as provided in for credit or payment made on or after May (a) IN GENERAL.—Paragraph (3) of section the last three sentences of paragraph (3), the 15, 2008. 168(l) is amended to read as follows: term ‘renewable diesel’ shall include fuel de- SEC. 824. CREDIT FOR NEW QUALIFIED PLUG-IN ‘‘(3) CELLULOSIC BIOFUEL.—The term ‘cellu- rived from biomass which meets the require- ELECTRIC DRIVE MOTOR VEHICLES. losic biofuel’ means any liquid fuel which is ments of a Department of Defense specifica- (a) IN GENERAL.—Section 30 is amended to produced from any lignocellulosic or tion for military jet fuel or an American So- read as follows:

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00078 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.002 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19262 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 September 16, 2008 ‘‘SEC. 30. NEW QUALIFIED PLUG-IN ELECTRIC ‘‘(ii) is capable of being recharged from an the rules of paragraphs (6) and (10) of section DRIVE MOTOR VEHICLES. external source of electricity. 30B(h) shall apply for purposes of this sec- ‘‘(a) ALLOWANCE OF CREDIT.—There shall be ‘‘(2) EXCEPTION.—The term ‘new qualified tion.’’. allowed as a credit against the tax imposed plug-in electric drive motor vehicle’ shall (b) COORDINATION WITH ALTERNATIVE by this chapter for the taxable year an not include any vehicle which is not a pas- MOTOR VEHICLE CREDIT.—Section 30B(d)(3) is amount equal to the sum of the credit senger automobile or light truck if such ve- amended by adding at the end the following amounts determined under subsection (b) hicle has a gross vehicle weight rating of less new subparagraph: with respect to each new qualified plug-in than 8,500 pounds. ‘‘(D) EXCLUSION OF PLUG-IN VEHICLES.—Any electric drive motor vehicle placed in service ‘‘(3) MOTOR VEHICLE.—The term ‘motor ve- vehicle with respect to which a credit is al- by the taxpayer during the taxable year. hicle’ means any vehicle which is manufac- lowable under section 30 (determined with- ‘‘(b) PER VEHICLE DOLLAR LIMITATION.— tured primarily for use on public streets, out regard to subsection (c) thereof) shall ‘‘(1) IN GENERAL.—The amount determined roads, and highways (not including a vehicle not be taken into account under this sec- under this subsection with respect to any operated exclusively on a rail or rails) and tion.’’. new qualified plug-in electric drive motor ve- which has at least 4 wheels. (c) CREDIT MADE PART OF GENERAL BUSI- hicle is the sum of the amounts determined ‘‘(4) OTHER TERMS.—The terms ‘passenger NESS CREDIT.—Section 38(b) is amended by under paragraphs (2) and (3) with respect to automobile’, ‘light truck’, and ‘manufac- striking ‘‘plus’’ at the end of paragraph (32), such vehicle. turer’ have the meanings given such terms in by striking the period at the end of para- ‘‘(2) BASE AMOUNT.—The amount deter- regulations prescribed by the Administrator graph (33) and inserting ‘‘, plus’’, and by add- mined under this paragraph is $3,000. of the Environmental Protection Agency for ing at the end the following new paragraph: ‘‘(3) BATTERY CAPACITY.—In the case of a purposes of the administration of title II of ‘‘(34) the portion of the new qualified plug- vehicle which draws propulsion energy from the Clean Air Act (42 U.S.C. 7521 et seq.). in electric drive motor vehicle credit to a battery with not less than 5 kilowatt hours ‘‘(5) BATTERY CAPACITY.—The term ‘capac- which section 30(c)(1) applies.’’. of capacity, the amount determined under ity’ means, with respect to any battery, the (d) CONFORMING AMENDMENTS.— this paragraph is $200, plus $200 for each kilo- quantity of electricity which the battery is (1)(A) Section 24(b)(3)(B), as amended by watt hour of capacity in excess of 5 kilowatt capable of storing, expressed in kilowatt section 804, is amended by striking ‘‘and hours. The amount determined under this hours, as measured from a 100 percent state 25D’’ and inserting ‘‘25D, and 30’’. paragraph shall not exceed $2,000. of charge to a 0 percent state of charge. (B) Section 25(e)(1)(C)(ii) is amended by in- ‘‘(c) APPLICATION WITH OTHER CREDITS.— ‘‘(e) LIMITATION ON NUMBER OF NEW QUALI- serting ‘‘30,’’ after ‘‘25D,’’. ‘‘(1) BUSINESS CREDIT TREATED AS PART OF FIED PLUG-IN ELECTRIC DRIVE MOTOR VEHI- (C) Section 25B(g)(2), as amended by sec- GENERAL BUSINESS CREDIT.—So much of the CLES ELIGIBLE FOR CREDIT.— tion 804, is amended by striking ‘‘and 25D’’ credit which would be allowed under sub- ‘‘(1) IN GENERAL.—In the case of a new and inserting ‘‘, 25D, and 30’’. section (a) for any taxable year (determined qualified plug-in electric drive motor vehicle (D) Section 26(a)(1), as amended by section without regard to this subsection) that is at- sold during the phaseout period, only the ap- 804, is amended by striking ‘‘and 25D’’ and in- tributable to property of a character subject plicable percentage of the credit otherwise serting ‘‘25D, and 30’’. to an allowance for depreciation shall be allowable under subsection (a) shall be al- (E) Section 1400C(d)(2) is amended by strik- treated as a credit listed in section 38(b) for lowed. ing ‘‘and 25D’’ and inserting ‘‘25D, and 30’’. such taxable year (and not allowed under ‘‘(2) PHASEOUT PERIOD.—For purposes of (2) Section 30B(h)(1) is amended by striking subsection (a)). this subsection, the phaseout period is the ‘‘section 30(c)(2)’’ and inserting ‘‘section ‘‘(2) PERSONAL CREDIT.— period beginning with the second calendar 30(d)(3)’’. ‘‘(A) IN GENERAL.—For purposes of this quarter following the calendar quarter which (3)(A) Section 53(d)(1)(B) is amended by title, the credit allowed under subsection (a) includes the first date on which the number striking clause (iii) and redesignating clause for any taxable year (determined after appli- of new qualified plug-in electric drive motor (iv) as clause (iii). cation of paragraph (1)) shall be treated as a vehicles manufactured by the manufacturer (B) Subclause (II) of section 53(d)(1)(B)(iii), credit allowable under subpart A for such of the vehicle referred to in paragraph (1) as so redesignated, is amended by striking taxable year. sold for use in the United States after the ‘‘increased in the manner provided in clause ‘‘(B) LIMITATION BASED ON AMOUNT OF date of the enactment of this section, is at (iii)’’. TAX.—In the case of a taxable year to which least 60,000. (4) Section 55(c)(3) is amended by striking section 26(a)(2) does not apply, the credit al- ‘‘(3) APPLICABLE PERCENTAGE.—For pur- ‘‘30(b)(3),’’. lowed under subsection (a) for any taxable poses of paragraph (1), the applicable per- (5) Section 1016(a)(25) is amended by strik- year (determined after application of para- centage is— ing ‘‘section 30(d)(1)’’ and inserting ‘‘section graph (1)) shall not exceed the excess of— ‘‘(A) 50 percent for the first 2 calendar 30(f)(1)’’. ‘‘(i) the sum of the regular tax liability (as quarters of the phaseout period, (6) Section 6501(m) is amended by striking defined in section 26(b)) plus the tax imposed ‘‘(B) 25 percent for the 3d and 4th calendar ‘‘section 30(d)(4)’’ and inserting ‘‘section by section 55, over quarters of the phaseout period, and 30(f)(4)’’. ‘‘(ii) the sum of the credits allowable under ‘‘(C) 0 percent for each calendar quarter (7) The item in the table of sections for subpart A (other than this section and sec- thereafter. subpart B of part IV of subchapter A of chap- tions 23 and 25D) and section 27 for the tax- ‘‘(4) CONTROLLED GROUPS.—Rules similar to ter 1 is amended to read as follows: able year. the rules of section 30B(f)(4) shall apply for ‘‘Sec. 30. New qualified plug-in electric drive ‘‘(d) NEW QUALIFIED PLUG-IN ELECTRIC purposes of this subsection. motor vehicles.’’. DRIVE MOTOR VEHICLE.—For purposes of this ‘‘(f) SPECIAL RULES.— (e) TREATMENT OF ALTERNATIVE MOTOR VE- section— ‘‘(1) BASIS REDUCTION.—The basis of any HICLE CREDIT AS A PERSONAL CREDIT.— ‘‘(1) IN GENERAL.—The term ‘new qualified property for which a credit is allowable (1) IN GENERAL.—Paragraph (2) of section plug-in electric drive motor vehicle’ means a under subsection (a) shall be reduced by the 30B(g) is amended to read as follows: motor vehicle— amount of such credit (determined without ‘‘(2) PERSONAL CREDIT.—The credit allowed ‘‘(A) the original use of which commences regard to subsection (c)). under subsection (a) for any taxable year with the taxpayer, ‘‘(2) RECAPTURE.—The Secretary shall, by (after application of paragraph (1)) shall be ‘‘(B) which is acquired for use or lease by regulations, provide for recapturing the ben- treated as a credit allowable under subpart A the taxpayer and not for resale, efit of any credit allowable under subsection for such taxable year.’’. ‘‘(C) which is made by a manufacturer, (a) with respect to any property which ceases (2) CONFORMING AMENDMENTS.— ‘‘(D) which has a gross vehicle weight rat- to be property eligible for such credit. (A) Subparagraph (A) of section 30C(d)(2) is ing of less than 14,000 pounds, ‘‘(3) PROPERTY USED OUTSIDE UNITED amended by striking ‘‘sections 27, 30, and ‘‘(E) which has received a certificate of STATES, ETC., NOT QUALIFIED.—No credit shall 30B’’ and inserting ‘‘section 27’’. conformity under the Clean Air Act and be allowed under subsection (a) with respect (B) Paragraph (3) of section 55(c) is amend- meets or exceeds the Bin 5 Tier II emission to any property referred to in section 50(b)(1) ed by striking ‘‘30B(g)(2),’’. standard established in regulations pre- or with respect to the portion of the cost of (f) EFFECTIVE DATE.— scribed by the Administrator of the Environ- any property taken into account under sec- (1) IN GENERAL.—Except as otherwise pro- mental Protection Agency under section tion 179. vided in this subsection, the amendments 202(i) of the Clean Air Act for that make and ‘‘(4) ELECTION NOT TO TAKE CREDIT.—No made by this section shall apply to taxable model year vehicle, and credit shall be allowed under subsection (a) years beginning after December 31, 2008. ‘‘(F) which is propelled to a significant ex- for any vehicle if the taxpayer elects to not (2) TREATMENT OF ALTERNATIVE MOTOR VE- tent by an electric motor which draws elec- have this section apply to such vehicle. HICLE CREDIT AS PERSONAL CREDIT.—The tricity from a battery which— ‘‘(5) PROPERTY USED BY TAX-EXEMPT ENTITY; amendments made by subsection (e) shall ‘‘(i) has a capacity of not less than 4 kilo- INTERACTION WITH AIR QUALITY AND MOTOR VE- apply to taxable years beginning after De- watt hours, and HICLE SAFETY STANDARDS.—Rules similar to cember 31, 2007.

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00079 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.002 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 19263

(g) APPLICATION OF EGTRRA SUNSET.—The ‘‘(3) GENERAL ALLOCATION.— ‘‘(3) TREATMENT OF FUNDS.—Any expendi- amendment made by subsection (d)(1)(A) ‘‘(A) IN GENERAL.—The Governor of the ture for a qualifying project taken into ac- shall be subject to title IX of the Economic State of New York and the Mayor of the City count for purposes of the credit under this Growth and Tax Relief Reconciliation Act of of New York, New York, shall jointly allo- section shall be considered State and local 2001 in the same manner as the provision of cate to each New York Liberty Zone govern- funds for the purpose of any Federal pro- such Act to which such amendment relates. mental unit the portion of the qualifying gram. SEC. 825. EXCLUSION FROM HEAVY TRUCK TAX project expenditure amount which may be ‘‘(4) TREATMENT OF CREDIT AMOUNTS FOR FOR IDLING REDUCTION UNITS AND taken into account by such governmental PURPOSES OF WITHHOLDING TAXES.—For pur- ADVANCED INSULATION. unit under subsection (a) for any calendar poses of this title, a New York Liberty Zone (a) IN GENERAL.—Section 4053 is amended year in the credit period. governmental unit shall be treated as having by adding at the end the following new para- ‘‘(B) AGGREGATE LIMIT.—The aggregate paid to the Secretary, on the day on which graphs: amount which may be allocated under sub- wages are paid to employees, an amount ‘‘(9) IDLING REDUCTION DEVICE.—Any device paragraph (A) for all calendar years in the equal to the amount of the credit allowed to or system of devices which— credit period shall not exceed $2,000,000,000. such entity under subsection (a) with respect ‘‘(A) is designed to provide to a vehicle ‘‘(C) ANNUAL LIMIT.—The aggregate to such wages, but only if such governmental those services (such as heat, air condi- amount which may be allocated under sub- unit deducts and withholds wages for such tioning, or electricity) that would otherwise paragraph (A) for any calendar year in the payroll period under section 3401 (relating to require the operation of the main drive en- credit period shall not exceed the sum of— wage withholding). gine while the vehicle is temporarily parked ‘‘(i) $115,000,000 ($425,000,000 in the case of ‘‘(e) REPORTING.—The Governor of the or remains stationary using one or more de- the last 2 years in the credit period), plus State of New York and the Mayor of the City vices affixed to a tractor, and ‘‘(ii) the aggregate amount authorized to of New York, New York, shall jointly submit ‘‘(B) is determined by the Administrator of be allocated under this paragraph for all pre- to the Secretary an annual report— the Environmental Protection Agency, in ceding calendar years in the credit period ‘‘(1) which certifies— consultation with the Secretary of Energy which was not so allocated. ‘‘(A) the qualifying project expenditure and the Secretary of Transportation, to re- ‘‘(D) UNALLOCATED AMOUNTS AT END OF amount for the calendar year, and duce idling of such vehicle at a motor vehi- CREDIT PERIOD.—If, as of the close of the ‘‘(B) the amount allocated to each New cle rest stop or other location where such ve- credit period, the amount under subpara- York Liberty Zone governmental unit under hicles are temporarily parked or remain sta- graph (B) exceeds the aggregate amount allo- subsection (b)(3) for the calendar year, and tionary. cated under subparagraph (A) for all cal- ‘‘(2) includes such other information as the ‘‘(10) ADVANCED INSULATION.—Any insula- endar years in the credit period, the Gov- Secretary may require to carry out this section that has an R value of not less than R35 ernor of the State of New York and the tion. per inch.’’. Mayor of the City of New York, New York, ‘‘(f) GUIDANCE.—The Secretary may pre- (b) EFFECTIVE DATE.—The amendment may jointly allocate to New York Liberty scribe such guidance as may be necessary or made by this section shall apply to sales or Zone governmental units for any calendar appropriate to ensure compliance with the installations after the date of the enactment year in the 5-year period following the credit purposes of this section.’’. of this Act. period an amount equal to— (b) TERMINATION OF SPECIAL ALLOWANCE SEC. 826. RESTRUCTURING OF NEW YORK LIB- ‘‘(i) the lesser of— AND EXPENSING.—Subparagraph (A) of sec- ERTY ZONE TAX CREDITS. ‘‘(I) such excess, or tion 1400K(b)(2), as redesignated by sub- (a) IN GENERAL.—Part I of subchapter Y of ‘‘(II) the qualifying project expenditure section (a), is amended by striking the par- chapter 1 is amended by redesignating sec- amount for such calendar year, reduced by enthetical therein and inserting ‘‘(in the tion 1400L as section 1400K and by adding at ‘‘(ii) the aggregate amount allocated under the end the following new section: case of nonresidential real property and resi- this subparagraph for all preceding calendar dential rental property, the date of the en- ‘‘SEC. 1400L. NEW YORK LIBERTY ZONE TAX years. CREDITS. actment of the Energy Tax Incentives Act of ‘‘(4) ALLOCATION TO PAYROLL PERIODS.— 2008 or, if acquired pursuant to a binding ‘‘(a) IN GENERAL.—In the case of a New Each New York Liberty Zone governmental contract in effect on such enactment date, York Liberty Zone governmental unit, there unit which has been allocated a portion of December 31, 2009)’’. shall be allowed as a credit against any taxes the qualifying project expenditure amount imposed for any payroll period by section (c) CONFORMING AMENDMENTS.— under paragraph (3) for a calendar year may (1) Section 38(c)(3)(B) is amended by strik- 3402 for which such governmental unit is lia- allocate such portion to payroll periods being ‘‘section 1400L(a)’’ and inserting ‘‘section ble under section 3403 an amount equal to so ginning in such calendar year as such gov- 1400K(a)’’. much of the portion of the qualifying project ernmental unit determines appropriate. (2) Section 168(k)(2)(D)(ii) is amended by expenditure amount allocated under sub- ‘‘(c) CARRYOVER OF UNUSED ALLOCATIONS.— striking ‘‘section 1400L(c)(2)’’ and inserting section (b)(3) to such governmental unit for ‘‘(1) IN GENERAL.—Except as provided in the calendar year as is allocated by such paragraph (2), if the amount allocated under ‘‘section 1400K(c)(2)’’. governmental unit to such period under sub- subsection (b)(3) to a New York Liberty Zone (3) The table of sections for part I of subsection (b)(4). governmental unit for any calendar year ex- chapter Y of chapter 1 is amended by redesig- ‘‘(b) QUALIFYING PROJECT EXPENDITURE ceeds the aggregate taxes imposed by section nating the item relating to section 1400L as AMOUNT.—For purposes of this section— 3402 for which such governmental unit is lia- an item relating to section 1400K and by in- ‘‘(1) IN GENERAL.—The term ‘qualifying ble under section 3403 for periods beginning serting after such item the following new project expenditure amount’ means, with rein such year, such excess shall be carried to item: spect to any calendar year, the sum of— the succeeding calendar year and added to ‘‘Sec. 1400L. New York Liberty Zone tax ‘‘(A) the total expenditures paid or in- the allocation of such governmental unit for credits.’’. curred during such calendar year by all New such succeeding calendar year. (d) EFFECTIVE DATE.—The amendments York Liberty Zone governmental units and ‘‘(2) REALLOCATION.—If a New York Liberty made by this section shall take effect on the the Port Authority of New York and New Zone governmental unit does not use an date of the enactment of this Act. Jersey for any portion of qualifying projects amount allocated to it under subsection SEC. 827. TRANSPORTATION FRINGE BENEFIT TO located wholly within the City of New York, (b)(3) within the time prescribed by the Gov- BICYCLE COMMUTERS. New York, and ernor of the State of New York and the (a) IN GENERAL.—Paragraph (1) of section ‘‘(B) any such expenditures— Mayor of the City of New York, New York, 132(f) is amended by adding at the end the ‘‘(i) paid or incurred in any preceding cal- then such amount shall after such time be following: endar year which begins after the date of en- treated for purposes of subsection (b)(3) in ‘‘(D) Any qualified bicycle commuting re- actment of this section, and the same manner as if it had never been allo- imbursement.’’. ‘‘(ii) not previously allocated under para- cated. (b) LIMITATION ON EXCLUSION.—Paragraph graph (3). ‘‘(d) DEFINITIONS AND SPECIAL RULES.—For (2) of section 132(f) is amended by striking ‘‘(2) QUALIFYING PROJECT.—The term ‘quali- purposes of this section— ‘‘and’’ at the end of subparagraph (A), by fying project’ means any transportation in- ‘‘(1) CREDIT PERIOD.—The term ‘credit pe- striking the period at the end of subpara- frastructure project, including highways, riod’ means the 12-year period beginning on graph (B) and inserting ‘‘, and’’, and by add- mass transit systems, railroads, airports, January 1, 2009. ing at the end the following new subpara- ports, and waterways, in or connecting with ‘‘(2) NEW YORK LIBERTY ZONE GOVERN- graph: the New York Liberty Zone (as defined in MENTAL UNIT.—The term ‘New York Liberty ‘‘(C) the applicable annual limitation in section 1400K(h)), which is designated as a Zone governmental unit’ means— the case of any qualified bicycle commuting qualifying project under this section jointly ‘‘(A) the State of New York, reimbursement.’’. by the Governor of the State of New York ‘‘(B) the City of New York, New York, and (c) DEFINITIONS.—Paragraph (5) of section and the Mayor of the City of New York, New ‘‘(C) any agency or instrumentality of such 132(f) is amended by adding at the end the York. State or City. following:

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00080 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.002 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19264 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 September 16, 2008

‘‘(F) DEFINITIONS RELATED TO BICYCLE COM- ‘‘(4) repayments of principal and applicable count under this section with respect to any MUTING REIMBURSEMENT.— interest on financing provided by the issue property shall be reduced by the portion of ‘‘(i) QUALIFIED BICYCLE COMMUTING REIM- are used not later than the close of the 3- such cost which is financed by any loan pro- BURSEMENT.—The term ‘qualified bicycle month period beginning on the date the re- vided from the proceeds of any energy secu- commuting reimbursement’ means, with repayment (or complete repayment) is re- rity bond (as defined in section 54E).’’. spect to any calendar year, any employer received— (c) CONFORMING AMENDMENTS.— imbursement during the 15-month period be- ‘‘(A) to redeem bonds which are part of the (1) Paragraph (1) of section 54A(d), as ginning with the first day of such calendar issue, or amended by sections 806 and 841, is amended year for reasonable expenses incurred by the ‘‘(B) for any qualified purpose. by striking ‘‘or’’ at the end of subparagraph employee during such calendar year for the For purposes of paragraph (4), the term ‘ap- (B), by adding ‘‘or’’ at the end of subpara- purchase of a bicycle and bicycle improve- plicable interest’ means so much of the in- graph (C), and by inserting after subpara- ments, repair, and storage, if such bicycle is terest on any loan as exceeds the amount graph (C) the following new subparagraph: regularly used for travel between the em- payable at a 1 percent rate. ‘‘(D) an energy security bond,’’. ployee’s residence and place of employment. ‘‘(b) QUALIFIED PURPOSE.—For purposes of (2) Subparagraph (C) of section 54A(d)(2), as ‘‘(ii) APPLICABLE ANNUAL LIMITATION.—The this section— amended by sections 806 and 841, is amended term ‘applicable annual limitation’ means, ‘‘(1) IN GENERAL.—The term ‘qualified pur- by striking ‘‘and’’ at the end of clause (ii), by with respect to any employee for any cal- pose’ means the making of grants and low- striking the period at the end of clause (iii) endar year, the product of $20 multiplied by interest loans for the purpose of placing in and inserting ‘‘and’’, and by adding at the the number of qualified bicycle commuting service natural gas refueling property at re- end the following new clause: months during such year. tail motor fuel stations located in the United ‘‘(iv) in the case of an energy security ‘‘(iii) QUALIFIED BICYCLE COMMUTING States. bond, a purpose specified in section 54E(b).’’. MONTH.—The term ‘qualified bicycle com- ‘‘(2) LIMITATION ON LOANS.—Such term (3) The table of sections for subpart I of muting month’ means, with respect to any shall not include— part IV of subchapter A of chapter 1, as employee, any month during which such em- ‘‘(A) any loan of more than $200,000 for amended by sections 806 and 841, is amended ployee— property located at any one retail motor fuel by adding at the end the following new item: ‘‘(I) regularly uses the bicycle for a sub- station, and ‘‘Sec. 54E. Energy security bonds.’’. ‘‘(B) any loan for more than 50 percent of stantial portion of the travel between the (d) EFFECTIVE DATE.—The amendments employee’s residence and place of employ- the cost of such property and its installa- made by this section shall apply to obliga- ment, and tion. tions issued after December 31, 2008. ‘‘(II) does not receive any benefit described ‘‘(3) NATURAL GAS REFUELING PROPERTY.— The term ‘natural gas refueling property’ SEC. 830. CERTAIN INCOME AND GAINS RELAT- in subparagraph (A), (B), or (C) of paragraph ING TO ALCOHOL FUELS AND MIX- (1).’’. means qualified clean-fuel refueling property TURES, BIODIESEL FUELS AND MIX- (d) CONSTRUCTIVE RECEIPT OF BENEFIT.— (as defined in section 179A(d)) which is de- TURES, AND ALTERNATIVE FUELS Paragraph (4) of section 132(f) is amended by scribed in section 179A(d)(3) with respect to AND MIXTURES TREATED AS QUALI- inserting ‘‘(other than a qualified bicycle natural gas fuel. FYING INCOME FOR PUBLICLY commuting reimbursement)’’ after ‘‘quali- ‘‘(4) LOW-INTEREST LOAN.—The term ‘low- TRADED PARTNERSHIPS. fied transportation fringe’’. interest loan’ means any loan the rate of in- (a) IN GENERAL.—Subparagraph (E) of sec- (e) EFFECTIVE DATE.—The amendments terest on which does not exceed the application 7704(d)(1) is amended by inserting ‘‘, or made by this section shall apply to taxable ble Federal rate in effect under section the transportation or storage of any fuel de- years beginning after December 31, 2008. 1288(b)(1) determined as of the issuance of scribed in subsection (b), (c), (d), or (e) of SEC. 828. ALTERNATIVE FUEL VEHICLE REFUEL- the loan. section 6426, or any alcohol fuel defined in ING PROPERTY CREDIT. ‘‘(c) LIMITATION ON AMOUNT OF BONDS DES- section 6426(b)(4)(A) or any biodiesel fuel as (a) INCREASE IN CREDIT AMOUNT.—Section IGNATED.—The maximum aggregate face defined in section 40A(d)(1)’’ after ‘‘timber)’’. 30C is amended— amount of bonds which may be designated (b) EFFECTIVE DATE.—The amendment (1) by striking ‘‘30 percent’’ in subsection under subsection (a) by any issuer shall not made by this section shall apply to taxable (a) and inserting ‘‘50 percent’’, exceed the limitation amount allocated to years beginning after the date of the enact- (2) by striking ‘‘$30,000’’ in subsection (b)(1) such issuer under subsection (e). ment of this Act. and inserting ‘‘$50,000’’, and ‘‘(d) NATIONAL LIMITATION ON AMOUNT OF Subtitle C—Energy Conservation and (3) by striking ‘‘$1,000’’ in subsection (b)(2) BONDS DESIGNATED.—There is a national en- Efficiency Provisions and inserting ‘‘$2,000’’. ergy security bond limitation of (b) EXTENSION OF CREDIT.—Subsection (g) $1,750,000,000. SEC. 841. QUALIFIED ENERGY CONSERVATION BONDS. of section 30C is amended— ‘‘(e) ALLOCATION.— (1) by redesignating paragraphs (1) and (2) ‘‘(1) IN GENERAL.—The Secretary shall (a) IN GENERAL.—Subpart I of part IV of as paragraphs (2) and (3) and inserting before make allocations of the amount of the na- subchapter A of chapter 1, as amended by paragraph (2) (as so redesignated) the fol- tional energy security bond limitation under section 806, is amended by adding at the end lowing new paragraph: subsection (d) among qualified issuers in the following new section: ‘‘(1) in the case of property relating to nat- such manner as the Secretary determines ap- ‘‘SEC. 54D. QUALIFIED ENERGY CONSERVATION ural gas, compressed natural gas, or liquified propriate. BONDS. natural gas, and which is not of a character ‘‘(2) RESERVATION FOR PROPERTY IN METRO- ‘‘(a) QUALIFIED ENERGY CONSERVATION subject to an allowance for depreciation, De- POLITAN AREA.—50 percent of the national en- BOND.—For purposes of this subchapter, the cember 31, 2017,’’, and ergy security bond limitation under sub- term ‘qualified energy conservation bond’ (2) by striking ‘‘December 31, 2009’’ in para- section (d) may be allocated only for loans to means any bond issued as part of an issue graph (3) (as so redesignated) and inserting provide natural gas refueling property lo- if— ‘‘December 31, 2010’’. cated in metropolitan statistical areas ‘‘(1) 100 percent of the available project (c) EFFECTIVE DATE.—The amendments (within the meaning of section 143(k)(2)(B)). proceeds of such issue are to be used for one made by this section shall apply to property ‘‘(3) PERCENTAGE OF STATIONS RECEIVING or more qualified conservation purposes, placed in service after the date of the enact- LOANS.—In making allocations under para- ‘‘(2) the bond is issued by a State or local ment of this Act, in taxable years ending graph (1), the Secretary shall attempt to en- government, and after such date. sure that at least 10 percent of the retail ‘‘(3) the issuer designates such bond for SEC. 829. ENERGY SECURITY BONDS. motor fuel stations in the United States re- purposes of this section. (a) IN GENERAL.—Subpart I of part IV of ceived loans from the proceeds of energy se- ‘‘(b) REDUCED CREDIT AMOUNT.—The annual subchapter A of chapter 1, as amended by curity bonds. credit determined under section 54A(b) with sections 806 and 841, is amended by adding at ‘‘(f) QUALIFIED ISSUER.—For purposes of respect to any qualified energy conservation the end the following new section: this section, the term ‘qualified issuer’ bond shall be 70 percent of the amount so de- ‘‘SEC. 54E. ENERGY SECURITY BONDS. means any State or any political subdivision termined without regard to this subsection. ‘‘(a) ENERGY SECURITY BOND.—For purposes or instrumentality thereof. ‘‘(c) LIMITATION ON AMOUNT OF BONDS DES- of this subchapter, the term ‘energy security ‘‘(g) TERMINATION.—This section shall not IGNATED.—The maximum aggregate face bond’ means any bond issued as part of an apply with respect to any bond issued after amount of bonds which may be designated issue if— December 31, 2017.’’. under subsection (a) by any issuer shall not ‘‘(1) 100 percent of the available project (b) COORDINATION WITH REFUELING PROP- exceed the limitation amount allocated to proceeds of such issue are to be used for ERTY CREDIT.—Subsection (e) of section 30C such issuer under subsection (e). qualified purposes, of such Code is amended by adding at the end ‘‘(d) NATIONAL LIMITATION ON AMOUNT OF ‘‘(2) the bond is issued by a qualified issuer, the following new paragraph: BONDS DESIGNATED.—There is a national ‘‘(3) the issuer designates such bond for ‘‘(6) COORDINATION WITH ENERGY SECURITY qualified energy conservation bond limita- purposes of this section, and BONDS.—The cost otherwise taken into action of $2,625,000,000.

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00081 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.002 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 19265

‘‘(e) ALLOCATIONS.— combusting fossil fuels in order to produce ‘‘(F) a stove which uses the burning of bio- ‘‘(1) IN GENERAL.—The limitation applica- electricity. mass fuel to heat a dwelling unit located in ble under subsection (d) shall be allocated by ‘‘(E) Public education campaigns to pro- the United States and used as a residence by the Secretary among the States in propor- mote energy efficiency. the taxpayer, or to heat water for use in such tion to the population of the States. ‘‘(2) SPECIAL RULES FOR PRIVATE ACTIVITY a dwelling unit, and which has a thermal ef- ‘‘(2) ALLOCATIONS TO LARGEST LOCAL GOV- BONDS.—For purposes of this section, in the ficiency rating of at least 75 percent.’’. ERNMENTS.— case of any private activity bond, the term (2) BIOMASS FUEL.—Section 25C(d) is ‘‘(A) IN GENERAL.—In the case of any State ‘qualified conservation purposes’ shall not amended by adding at the end the following in which there is a large local government, include any expenditure which is not a cap- new paragraph: each such local government shall be allo- ital expenditure. ‘‘(6) BIOMASS FUEL.—The term ‘biomass cated a portion of such State’s allocation ‘‘(g) POPULATION.— fuel’ means any plant-derived fuel available which bears the same ratio to the State’s al- ‘‘(1) IN GENERAL.—The population of any on a renewable or recurring basis, including location (determined without regard to this State or local government shall be deter- agricultural crops and trees, wood and wood subparagraph) as the population of such mined for purposes of this section as pro- waste and residues (including wood pellets), large local government bears to the popu- vided in section 146(j) for the calendar year plants (including aquatic plants), grasses, lation of such State. which includes the date of the enactment of residues, and fibers.’’. ‘‘(B) ALLOCATION OF UNUSED LIMITATION TO this section. (c) COORDINATION WITH CREDIT FOR QUALI- STATE.—The amount allocated under this ‘‘(2) SPECIAL RULE FOR COUNTIES.—In deter- FIED GEOTHERMAL HEAT PUMP PROPERTY EX- subsection to a large local government may mining the population of any county for pur- PENDITURES.— be reallocated by such local government to poses of this section, any population of such (1) IN GENERAL.—Paragraph (3) of section the State in which such local government is county which is taken into account in deter- 25C(d), as amended by subsection (b), is located. mining the population of any municipality amended by striking subparagraph (C) and ‘‘(C) LARGE LOCAL GOVERNMENT.—For pur- which is a large local government shall not by redesignating subparagraphs (D), (E), and poses of this section, the term ‘large local be taken into account in determining the (F) as subparagraphs (C), (D), and (E), respec- government’ means any municipality or population of such county. tively. county if such municipality or county has a ‘‘(h) APPLICATION TO INDIAN TRIBAL GOV- (2) CONFORMING AMENDMENT.—Subpara- population of 100,000 or more. ERNMENTS.—An Indian tribal government graph (C) of section 25C(d)(2) is amended to ‘‘(3) ALLOCATION TO ISSUERS; RESTRICTION shall be treated for purposes of this section read as follows: ON PRIVATE ACTIVITY BONDS.—Any allocation in the same manner as a large local govern- ‘‘(C) REQUIREMENTS AND STANDARDS FOR AIR under this subsection to a State or large ment, except that— CONDITIONERS AND HEAT PUMPS.—The stand- local government shall be allocated by such ‘‘(1) an Indian tribal government shall be ards and requirements prescribed by the Sec- State or large local government to issuers treated for purposes of subsection (e) as lo- retary under subparagraph (B) with respect within the State in a manner that results in cated within a State to the extent of so to the energy efficiency ratio (EER) for cen- not less than 70 percent of the allocation to much of the population of such government tral air conditioners and electric heat such State or large local government being as resides within such State, and pumps— used to designate bonds which are not pri- ‘‘(2) any bond issued by an Indian tribal ‘‘(i) shall require measurements to be vate activity bonds. government shall be treated as a qualified based on published data which is tested by ‘‘(f) QUALIFIED CONSERVATION PURPOSE.— energy conservation bond only if issued as manufacturers at 95 degrees Fahrenheit, and For purposes of this section— part of an issue the available project pro- ‘‘(ii) may be based on the certified data of ‘‘(1) IN GENERAL.—The term ‘qualified con- ceeds of which are used for purposes for servation purpose’ means any of the fol- the Air Conditioning and Refrigeration Insti- which such Indian tribal government could lowing: tute that are prepared in partnership with issue bonds to which section 103(a) applies.’’. ‘‘(A) Capital expenditures incurred for pur- the Consortium for Energy Efficiency.’’. (b) CONFORMING AMENDMENTS.— poses of— (d) EFFECTIVE DATE.—The amendments (1) Paragraph (1) of section 54A(d), as ‘‘(i) reducing energy consumption in pub- made this section shall apply to expenditures amended by section 806, is amended by strik- licly-owned buildings by at least 20 percent, made after December 31, 2007. ing ‘‘or’’ at the end of subparagraph (A), by ‘‘(ii) implementing green community pro- SEC. 843. ENERGY EFFICIENT COMMERCIAL adding ‘‘or’’ at the end of subparagraph (B), grams, BUILDINGS DEDUCTION. and by inserting after subparagraph (B) the ‘‘(iii) rural development involving the pro- Subsection (h) of section 179D is amended following new subparagraph: duction of electricity from renewable energy by striking ‘‘December 31, 2008’’ and insert- resources, or ‘‘(C) a qualified energy conservation ing ‘‘December 31, 2013’’. ‘‘(iv) any qualified facility (as determined bond,’’. SEC. 844. MODIFICATIONS OF ENERGY EFFICIENT under section 45(d) without regard to para- (2) Subparagraph (C) of section 54A(d)(2), as APPLIANCE CREDIT FOR APPLI- graphs (8) and (10) thereof and without re- amended by section 806, is amended by strik- ANCES PRODUCED AFTER 2007. gard to any placed in service date). ing ‘‘and’’ at the end of clause (i), by striking (a) IN GENERAL.—Subsection (b) of section ‘‘(B) Expenditures with respect to research the period at the end of clause (ii) and insert- 45M is amended to read as follows: facilities, and research grants, to support re- ing ‘‘and’’, and by adding at the end the fol- ‘‘(b) APPLICABLE AMOUNT.—For purposes of search in— lowing new clause: subsection (a)— ‘‘(i) development of cellulosic ethanol or ‘‘(iii) in the case of a qualified energy con- ‘‘(1) DISHWASHERS.—The applicable amount other nonfossil fuels, servation bond, a purpose specified in section is— ‘‘(ii) technologies for the capture and se- 54D(a)(1).’’. ‘‘(A) $45 in the case of a dishwasher which questration of carbon dioxide produced (3) The table of sections for subpart I of is manufactured in calendar year 2008 or 2009 through the use of fossil fuels, part IV of subchapter A of chapter 1, as and which uses no more than 324 kilowatt ‘‘(iii) increasing the efficiency of existing amended by section 806, is amended by add- hours per year and 5.8 gallons per cycle, and technologies for producing nonfossil fuels, ing at the end the following new item: ‘‘(B) $75 in the case of a dishwasher which ‘‘(iv) automobile battery technologies and ‘‘Sec. 54D. Qualified energy conservation is manufactured in calendar year 2008, 2009, other technologies to reduce fossil fuel con- bonds.’’. or 2010 and which uses no more than 307 kilo- sumption in transportation, or (c) EFFECTIVE DATE.—The amendments watt hours per year and 5.0 gallons per cycle ‘‘(v) technologies to reduce energy use in made by this section shall apply to obliga- (5.5 gallons per cycle for dishwashers de- buildings. tions issued after the date of the enactment signed for greater than 12 place settings). ‘‘(C) Mass commuting facilities and related of this Act. ‘‘(2) CLOTHES WASHERS.—The applicable facilities that reduce the consumption of en- SEC. 842. CREDIT FOR NONBUSINESS ENERGY amount is— ergy, including expenditures to reduce pollu- PROPERTY. ‘‘(A) $75 in the case of a residential top- tion from vehicles used for mass commuting. (a) EXTENSION OF CREDIT.—Section 25C(g) is loading clothes washer manufactured in cal- ‘‘(D) Demonstration projects designed to amended by striking ‘‘December 31, 2007’’ and endar year 2008 which meets or exceeds a 1.72 promote the commercialization of— inserting ‘‘December 31, 2008’’. modified energy factor and does not exceed a ‘‘(i) green building technology, (b) QUALIFIED BIOMASS FUEL PROPERTY.— 8.0 water consumption factor, ‘‘(ii) conversion of agricultural waste for (1) IN GENERAL.—Section 25C(d)(3) is ‘‘(B) $125 in the case of a residential top- use in the production of fuel or otherwise, amended— loading clothes washer manufactured in cal- ‘‘(iii) advanced battery manufacturing (A) by striking ‘‘and’’ at the end of sub- endar year 2008 or 2009 which meets or ex- technologies, paragraph (D), ceeds a 1.8 modified energy factor and does ‘‘(iv) technologies to reduce peak use of (B) by striking the period at the end of not exceed a 7.5 water consumption factor, electricity, or subparagraph (E) and inserting ‘‘, and’’, and ‘‘(C) $150 in the case of a residential or ‘‘(v) technologies for the capture and se- (C) by adding at the end the following new commercial clothes washer manufactured in questration of carbon dioxide emitted from subparagraph: calendar year 2008, 2009, or 2010 which meets

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00082 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.002 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19266 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 September 16, 2008 or exceeds 2.0 modified energy factor and (b)(2)(D) shall not be taken into account ‘‘(i) measures and records electricity usage does not exceed a 6.0 water consumption fac- under paragraph (1).’’. data on a time-differentiated basis in at tor, and (e) QUALIFIED ENERGY EFFICIENT APPLI- least 24 separate time segments per day, ‘‘(D) $250 in the case of a residential or ANCES.— ‘‘(ii) provides for the exchange of informa- commercial clothes washer manufactured in (1) IN GENERAL.—Paragraph (1) of section tion between supplier or provider and the calendar year 2008, 2009, or 2010 which meets 45M(f) (defining qualified energy efficient ap- customer’s electric meter in support of time- or exceeds 2.2 modified energy factor and pliance) is amended to read as follows: based rates or other forms of demand re- does not exceed a 4.5 water consumption fac- ‘‘(1) QUALIFIED ENERGY EFFICIENT APPLI- sponse, tor. ANCE.—The term ‘qualified energy efficient ‘‘(iii) provides data to such supplier or pro- ‘‘(3) REFRIGERATORS.—The applicable appliance’ means— vider so that the supplier or provider can amount is— ‘‘(A) any dishwasher described in sub- provide energy usage information to cus- ‘‘(A) $50 in the case of a refrigerator which section (b)(1), tomers electronically, and is manufactured in calendar year 2008, and ‘‘(B) any clothes washer described in sub- ‘‘(iv) provides net metering. consumes at least 20 percent but not more section (b)(2), and ‘‘(19) QUALIFIED SMART ELECTRIC GRID SYS- than 22.9 percent less kilowatt hours per ‘‘(C) any refrigerator described in sub- TEMS.— year than the 2001 energy conservation section (b)(3).’’. ‘‘(A) IN GENERAL.—The term ‘qualified standards, (2) CLOTHES WASHER.—Section 45M(f)(3) is smart electric grid system’ means any smart ‘‘(B) $75 in the case of a refrigerator which amended by inserting ‘‘commercial’’ before grid property used as part of a system for is manufactured in calendar year 2008 or 2009, ‘‘residential’’ the second place it appears. electric distribution grid communications, and consumes at least 23 percent but no (3) TOP-LOADING CLOTHES WASHER.—Sub- monitoring, and management placed in serv- more than 24.9 percent less kilowatt hours section (f) of section 45M is amended by re- ice by a taxpayer who is a supplier of electric per year than the 2001 energy conservation designating paragraphs (4), (5), (6), and (7) as energy or a provider of electric energy serv- standards, paragraphs (5), (6), (7), and (8), respectively, ices. and by inserting after paragraph (3) the fol- ‘‘(C) $100 in the case of a refrigerator which ‘‘(B) SMART GRID PROPERTY.—For the pur- is manufactured in calendar year 2008, 2009, lowing new paragraph: poses of subparagraph (A), the term ‘smart or 2010, and consumes at least 25 percent but ‘‘(4) TOP-LOADING CLOTHES WASHER.—The grid property’ means electronics and related not more than 29.9 percent less kilowatt term ‘top-loading clothes washer’ means a equipment that is capable of— hours per year than the 2001 energy con- clothes washer which has the clothes con- ‘‘(i) sensing, collecting, and monitoring servation standards, and tainer compartment access located on the data of or from all portions of a utility’s ‘‘(D) $200 in the case of a refrigerator man- top of the machine and which operates on a electric distribution grid, ufactured in calendar year 2008, 2009, or 2010 vertical axis.’’. ‘‘(ii) providing real-time, two-way commu- and which consumes at least 30 percent less (4) REPLACEMENT OF ENERGY FACTOR.—Sec- nications to monitor or manage such grid, energy than the 2001 energy conservation tion 45M(f)(6), as redesignated by paragraph and standards.’’. (3), is amended to read as follows: ‘‘(iii) providing real time analysis of and ‘‘(6) MODIFIED ENERGY FACTOR.—The term (b) ELIGIBLE PRODUCTION.— event prediction based upon collected data ‘modified energy factor’ means the modified (1) SIMILAR TREATMENT FOR ALL APPLI- that can be used to improve electric distribu- energy factor established by the Department ANCES.—Subsection (c) of section 45M is tion system reliability, quality, and per- amended— of Energy for compliance with the Federal formance.’’. (A) by striking paragraph (2), energy conservation standard.’’. (c) CONTINUED APPLICATION OF 150 PERCENT (5) GALLONS PER CYCLE; WATER CONSUMP- (B) by striking ‘‘(1) IN GENERAL’’ and all DECLINING BALANCE METHOD.—Paragraph (2) that follows through ‘‘the eligible’’ and in- TION FACTOR.—Section 45M(f), as amended by of section 168(b) is amended by striking ‘‘or’’ serting ‘‘The eligible’’, paragraph (3), is amended by adding at the at the end of subparagraph (B), by redesig- (C) by moving the text of such subsection end the following: nating subparagraph (C) as subparagraph (D), in line with the subsection heading, and ‘‘(9) GALLONS PER CYCLE.—The term ‘gal- and by inserting after subparagraph (B) the (D) by redesignating subparagraphs (A) and lons per cycle’ means, with respect to a dish- following new subparagraph: (B) as paragraphs (1) and (2), respectively, washer, the amount of water, expressed in ‘‘(C) any property (other than property de- and by moving such paragraphs 2 ems to the gallons, required to complete a normal cycle scribed in paragraph (3)) which is a qualified left. of a dishwasher. smart electric meter or qualified smart elec- ‘‘(10) WATER CONSUMPTION FACTOR.—The (2) MODIFICATION OF BASE PERIOD.—Para- tric grid system, or’’. graph (2) of section 45M(c), as amended by term ‘water consumption factor’ means, with (d) EFFECTIVE DATE.—The amendments paragraph (1), is amended by striking ‘‘3-cal- respect to a clothes washer, the quotient of made by this section shall apply to property endar year’’ and inserting ‘‘2-calendar year’’. the total weighted per-cycle water consump- placed in service after the date of the enact- tion divided by the cubic foot (or liter) ca- (c) TYPES OF ENERGY EFFICIENT APPLI- ment of this Act. pacity of the clothes washer.’’. ANCES.—Subsection (d) of section 45M (defin- SEC. 846. QUALIFIED GREEN BUILDING AND SUS- (f) EFFECTIVE DATE.—The amendments ing types of energy efficient appliances) is TAINABLE DESIGN PROJECTS. made by this section shall apply to appli- amended to read as follows: (a) IN GENERAL.—Paragraph (8) of section ances produced after December 31, 2007. ‘‘(d) TYPES OF ENERGY EFFICIENT APPLI- 142(l) is amended by striking ‘‘September 30, SEC. 845. ACCELERATED RECOVERY PERIOD FOR ANCE.—For purposes of this section, the 2009’’ and inserting ‘‘September 30, 2012’’. DEPRECIATION OF SMART METERS REATMENT OF URRENT EFUNDING types of energy efficient appliances are— AND SMART GRID SYSTEMS. (b) T C R BONDS.—Paragraph (9) of section 142(l) is ‘‘(1) dishwashers described in subsection (a) IN GENERAL.—Section 168(e)(3)(D) is (b)(1), amended by striking ‘‘and’’ at the end of amended by striking ‘‘October 1, 2009’’ and ‘‘(2) clothes washers described in subclause (i), by striking the period at the end inserting ‘‘October 1, 2012’’. section (b)(2), and of clause (ii) and inserting a comma, and by (c) ACCOUNTABILITY.—The second sentence ‘‘(3) refrigerators described in subsection inserting after clause (ii) the following new of section 701(d) of the American Jobs Cre- (b)(3).’’. clauses: ation Act of 2004 is amended by striking (d) AGGREGATE CREDIT AMOUNT ALLOWED.— ‘‘(iii) any qualified smart electric meter, ‘‘issuance,’’ and inserting ‘‘issuance of the (1) INCREASE IN LIMIT.—Paragraph (1) of and last issue with respect to such project,’’. section 45M(e) is amended to read as follows: ‘‘(iv) any qualified smart electric grid sys- Subtitle D—Revenue Provisions ‘‘(1) AGGREGATE CREDIT AMOUNT ALLOWED.— tem.’’. SEC. 851. LIMITATION OF DEDUCTION FOR IN- The aggregate amount of credit allowed (b) DEFINITIONS.—Section 168(i) is amended COME ATTRIBUTABLE TO DOMESTIC under subsection (a) with respect to a tax- by inserting at the end the following new PRODUCTION OF OIL, GAS, OR PRI- payer for any taxable year shall not exceed paragraph: MARY PRODUCTS THEREOF. $75,000,000 reduced by the amount of the ‘‘(18) QUALIFIED SMART ELECTRIC METERS.— (a) DENIAL OF DEDUCTION FOR SPECIFIED OIL credit allowed under subsection (a) to the ‘‘(A) IN GENERAL.—The term ‘qualified COMPANIES FOR INCOME ATTRIBUTABLE TO DO- taxpayer (or any predecessor) for all prior smart electric meter’ means any smart elec- MESTIC PRODUCTION OF OIL, GAS, OR PRIMARY taxable years beginning after December 31, tric meter which is placed in service by a PRODUCTS THEREOF.—Subparagraph (B) of 2007.’’. taxpayer who is a supplier of electric energy section 199(c)(4) (relating to exceptions) is (2) EXCEPTION FOR CERTAIN REFRIGERATOR or a provider of electric energy services. amended by striking ‘‘or’’ at the end of AND CLOTHES WASHERS.—Paragraph (2) of sec- ‘‘(B) SMART ELECTRIC METER.—For purposes clause (ii), by striking the period at the end tion 45M(e) is amended to read as follows: of subparagraph (A), the term ‘smart electric of clause (iii) and inserting ‘‘, or’’, and by in- ‘‘(2) AMOUNT ALLOWED FOR CERTAIN REFRIG- meter’ means any time-based meter and re- serting after clause (iii) the following new ERATORS AND CLOTHES WASHERS.—Refrig- lated communication equipment which is ca- clause: erators described in subsection (b)(3)(D) and pable of being used by the taxpayer as part ‘‘(iv) in the case of any specified oil com- clothes washers described in subsection of a system that— pany (as defined in subsection (d)(9)), the

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00083 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.003 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 19267 production, refining, processing, transpor- is an arm’s length transaction, of such min- Mr. Speaker, the pending legislation, tation, or distribution of oil, gas, or any pri- eral from the taxpayer to a person who is not H.R. 6899, has as its additional cospon- mary product thereof.’’. related (within the meaning of section 482) to sors the gentleman from Texas (Mr. (b) LIMITATION ON OIL RELATED QUALIFIED such taxpayer, or GENE GREEN), the gentleman from Cali- PRODUCTION ACTIVITIES INCOME FOR TAX- ‘‘(B) is at a location at which the fair mar- EORGE ILLER PAYERS OTHER THAN SPECIFIED OIL COMPA- ket value is readily ascertainable by reason fornia (Mr. G M ), and the NIES.— of transactions among unrelated third par- gentleman from Michigan, the dean of (1) IN GENERAL.—Section 199(d) is amended ties with respect to the same mineral (tak- the House, Mr. JOHN DINGELL. by redesignating paragraph (9) as paragraph ing into account source, location, quality, My colleagues, today we stand at a (10) and by inserting after paragraph (8) the and chemical composition).’’. crossroads, and the two paths before us following new paragraph: (c) SPECIAL RULE FOR CERTAIN PETROLEUM are crystal clear. Those of us sup- ‘‘(9) SPECIAL RULE FOR TAXPAYERS WITH OIL TAXES.—Subsection (c) of section 907, as porting the pending legislation bring amended by subsection (b), is amended to by RELATED QUALIFIED PRODUCTION ACTIVITIES IN- with us the new-age conviction that in COME.— adding at the end the following new para- order for this Nation to be truly se- ‘‘(A) IN GENERAL.—If a taxpayer (other graph: than a specified oil company) has oil related ‘‘(7) OIL AND GAS TAXES.—In the case of any cure, we must bridge the gap between qualified production activities income for tax imposed by a foreign country which is our addiction to oil, to a future empow- any taxable year beginning after 2009, the limited in its application to taxpayers en- ered by more secure, safe, and reliable amount otherwise allowable as a deduction gaged in oil or gas activities— sources of power, that we must shatter under subsection (a) shall be reduced by 3 ‘‘(A) the term ‘oil and gas extraction taxes’ the shackles of the past and remove percent of the least of— shall include such tax, the bonds that have placed such a bur- ‘‘(B) the term ‘foreign oil and gas extrac- ‘‘(i) the oil related qualified production ac- den on the American people and on our tivities income of the taxpayer for the tax- tion income’ shall include any taxable in- able year, come which is taken into account in deter- security as a Nation. ‘‘(ii) the qualified production activities in- mining such tax (or is directly attributable The other path is less enlightened. It come of the taxpayer for the taxable year, or to the activity to which such tax relates), carries with it the belief that a subser- ‘‘(iii) taxable income (determined without and vience to the policies of the past can regard to this section). ‘‘(C) the term ‘foreign oil related income’ sustain the country in the years and ‘‘(B) OIL RELATED QUALIFIED PRODUCTION shall not include any taxable income which decades ahead. It would sacrifice Amer- ACTIVITIES INCOME.—For purposes of this sec- is treated as foreign oil and gas extraction ica’s energy security on the altar of tion, the term ‘oil related qualified produc- income under subparagraph (B).’’. (d) CONFORMING AMENDMENTS.— Big Oil’s profits and its profiteering. tion activities income’ means for any tax- The choice is quite clear. able year the qualified production activities (1) Subparagraph (C) of section 907(c)(1), as income which is attributable to the produc- redesignated by this section, is amended by Before us today is landmark legislation, refining, processing, transportation, or inserting ‘‘or used by the taxpayer in the action that would, for the first time since distribution of oil, gas, or any primary prod- tivity described in subparagraph (B)’’ before 1982, sweep away moratoria precluding uct thereof during such taxable year. the period at the end. oil and gas leasing in much of the Fed- ‘‘(C) SPECIFIED OIL COMPANY.—For purposes (2) Subparagraph (B) of section 907(c)(2) is eral waters off America’s coastlines. of this section, the term ‘specified oil com- amended to read as follows: As a result of the pending measure, pany’ means— ‘‘(B) so much of the transportation of such roughly 85 percent of all oil on the ‘‘(i) any major integrated oil company (as minerals or primary products as is not taken into account under paragraph (1)(B),’’. Outer Continental Shelf will be avail- defined in section 167(h)(5)(B)), and able for production. We are opening up ‘‘(ii) any entity in which a foreign govern- (e) EFFECTIVE DATE.—The amendments ment holds (directly or indirectly)— made by this section shall apply to taxable to 400 million acres off the Atlantic ‘‘(I) any interest which (by value or voting years beginning after the date of the enact- and Pacific Coasts to drilling. We are interest) is 50 percent or more of the total of ment of this Act. expanding the availability of oil by at such interests in such entity, or SEC. 853. TIME FOR PAYMENT OF CORPORATE ES- least 2 billion barrels of oil, enough to ‘‘(II) any other interest which provides the TIMATED TAXES. In the case of a corporation— power 1 million cars for 60 years. foreign government with effective control of (1) to which paragraph (1) of section 401 of But in doing so, we have built in safe- such entity. the Tax Increase Prevention and Reconcili- guards. I repeat that: we have built in ‘‘(D) PRIMARY PRODUCT.—For purposes of ation Act of 2005 applies, and safeguards. We do not undermine the this section, the term ‘primary product’ has (2) which had any significant income for the same meaning as when used in section defense posture of this country and the the preceding taxable year referred to in 927(a)(2)(C), as in effect before its repeal.’’. Defense Department’s need to engage such paragraph from extraction, production, (2) CONFORMING AMENDMENT.—Section in military operations in America’s wa- processing, refining, transportation, dis- 199(d)(2) (relating to application to individ- ters. tribution, or retail sale, of any fuel or elec- uals) is amended by striking ‘‘subsection We protect national marine monu- tricity, (a)(1)(B)’’ and inserting ‘‘subsections (a)(1)(B) ments and sanctuaries, and we provide and (d)(9)(A)(iii)’’. the percentage under subparagraph (C) of such paragraph (as in effect on the date of for the consideration of the interests of (c) EFFECTIVE DATE.—The amendments the coastal marine and human environ- made by this section shall apply to taxable the enactment of this Act) is increased by 40 years beginning after December 31, 2008. percentage points. ment. And importantly, we are cracking down on the incredible failure of SEC. 852. CLARIFICATION OF DETERMINATION The SPEAKER pro tempore (Mr. OF FOREIGN OIL AND GAS EXTRAC- OBEY). Pursuant to House Resolution the Interior Department to ensure that TION INCOME. 1433, the gentleman from West Virginia Americans are getting paid a fair rate (a) IN GENERAL.—Paragraph (1) of section (Mr. RAHALL) and the gentleman from of return for the production of their, 907(c) is amended by redesignating subpara- Alaska (Mr. YOUNG) each will control and I emphasize their, Federal oil and graph (B) as subparagraph (C), by striking 90 minutes. gas reserves and resources. These re- ‘‘or’’ at the end of subparagraph (A), and by serves are not owned by Chevron or inserting after subparagraph (A) the fol- The Chair recognizes the gentleman lowing new subparagraph: from West Virginia. Shell or by Exxon; they are owned by ‘‘(B) so much of any transportation of such GENERAL LEAVE all Americans. They are owned by all minerals as occurs before the fair market Mr. RAHALL. Mr. Speaker, I ask Americans by birthright. value event, or’’. unanimous consent that all Members Yesterday, another former Interior (b) FAIR MARKET VALUE EVENT.—Sub- may have 5 legislative days to revise Department official who was in charge section (c) of section 907 is amended by add- and extend their remarks and include of collecting Federal oil and gas royal- ing at the end the following new paragraph: extraneous material on H.R. 6899. ties pleaded guilty to rigging bids. Last ‘‘(6) FAIR MARKET VALUE EVENT.—For pur- The SPEAKER pro tempore. Is there week reports were released by the Inte- poses of this section, the term ‘fair market rior Department’s Inspector General value event’ means, with respect to any min- objection to the request of the general, the first point in time at which such tleman from West Virginia? which found ‘‘a culture of ethical fail- mineral— There was no objection. ure’’ in a division of the Minerals Man- ‘‘(A) has a fair market value which can be Mr. RAHALL. Mr. Speaker, I yield agement Service as part of what I be- determined on the basis of a transfer, which myself such time as I may consume. lieve to be a burgeoning scandal. This

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00084 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.003 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19268 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 September 16, 2008 is an agency that is supposed to safe- resources. Make more Federal oil and in this bill that produces any energy. guard one of the largest non-IRS gas available to drilling? Yes. That’s In fact, this bill takes land that’s open streams of revenue to the Treasury. It what we’re doing in this bill. But we’re now and closes it, and take lands that is almost like Teapot Dome all over doing so in a manner that safeguards was closed and opens it, but it happens again. our environment, ensures the diligent to be 50 miles offshore. Any oil in be- At the same time, Government Ac- development of those energy resources, tween there can’t be developed. countability Office reports were re- and demands that the American tax- And by the way, my good friends, if leased that found that the United payer gets a fair return. Royalties due, any State contiguous to decides not to States receives one of the smallest royalties paid. have it drill 50 miles and out they can shares of oil and gas revenue in the Mr. Speaker, I reserve the balance of say no, and they will say no because world. Think about that. We receive my time. there’s no revenue sharing in this bill. one of the smallest shares of oil and Mr. YOUNG of Alaska. Mr. Speaker, I None. gas revenues of any country in the yield myself as much time as I may It is probably the best way to call world. consume. this bill the Venezuela, Russian, Mid- The reports also found that Federal Mr. Speaker, and my colleagues, I dle East Oil Production Act, because oil and gas leases are not being dili- rise in the strongest possible opposi- you’re protecting the foreign countries gently developed. We on this side of the tion to this ill-conceived, if it was con- under this legislation. aisle have been saying that for months. ceived at all, legislation. I don’t know why I’m getting worked Production is only occurring on 12 per- I don’t know how many of you ever up about it because we all know this is cent of offshore leases and 5 percent of saw the Peter Pan story, the movie, or a political gimmick. It’s never going to onshore leases. And as I have been even read it. This is a Peter Pan story. go anywhere. It’s not going to become law. But it will give some people cover bringing to light through a number of You know, they have the imaginary to say, I voted for more drilling and hearings held by the Natural Resources bowls, the bowls that were not imagi- more production. This bill does not do Committee, the Interior Department is nary but they were empty, and they convinced Peter Pan, Robin Williams, that. unable to provide certainty that com- It will increase energy costs. And I’m to use his imagination and the bowls panies are paying the royalties owed to a little concerned on both sides of the will be full of food. the American people, a culture of eth- aisle again because oil has dropped And this is what you’re doing today, ical failure, indeed. down to $93 a barrel today. You know, Mr. Chairman, and the people that The legislation before us contains if that would have happened last year wrote this bill, who we do not know bold initiatives to crack down on this we would have said, my God, the who did write it. Use your imagination. legacy of abuse. It would require the world’s coming to an end. Oil went to We’re going to have the oil for every- diligent development of Federal oil and $93. But it was $145, and we are being thing because this bill produces oil. gas leases, require that prompt, trans- lulled into this type of legislation say- It produces nothing. This is a Peter parent and accurate royalty payments ing we’re going to solve the problem Pan story. It’s a figment of the imagi- are made, and would tackle the ethical and nothing is occurring to solve the nation. It is a political gimmick. It is failures occurring at the Interior De- problems of the American consumer. a sham on the American people. partment. Leading the vanguard in our We’re right where we were last year Shame on this House, that the cour- march to a more energy self-reliant and the year before that, and that’s age wasn’t there for the leadership to and secure future is this legislation’s wrong. establishment of a strategic energy ef- go on both sides of the aisle, listen to It does leave out ANWR. I wasn’t ficiency and renewable reserve. those that have some expertise in this going to bring up that, but the closest, problem we are facing today, the high b 1700 quickest way to produce a million bar- cost of energy, and work together and rels a day to the United States was to This initiative would finance the de- pass an energy solution to a problem open ANWR. No, we left that out. Can’t velopment of renewable and alter- that produces not only fossil fuels but happen. A million barrels a day for the native energy technologies, provide in- other forms of fuel, that solves the next maybe hundred years, for the creased assistance for low-income problems for the commuter who has to American consumer. Every barrel home energy and weatherization pro- go to work. And Mr. and Mrs. Com- would have gone to the United States grams, and advance carbon capture and muter, if you think this bill today that of America. A little provision says you storage, among other items. And we came out of this leadership on that side can’t export any of this oil to overseas. are dedicating over $6 billion to this produces one bit of relief to you as you We’re not exporting oil, we’re con- fund over the next 10 years. drive to work, don’t believe it. Go see suming it. But we’re consuming most All of the above. All of the above. Peter Pan. That’s all this bill is. of our oil from overseas, paying the How often have we heard that in this It has nothing in there to produce en- foreign countries the oil prices today debate? All of the above. It is here my ergy. In fact, it probably will drive because you have not come to this friends: oil, natural gas, oil shale, down the ability to produce energy. It floor, not one hearing in our com- wind, solar, coal energy efficiencies will help foreign countries. mittee on this issue. and energy conservation. I just heard my chairman talk about This bill was written in the mid- As I noted earlier, today we are at a Big Oil, how bad Big Oil is, and put the night. I shouldn’t say the midnight, crossroads. The difference is clear be- blame on Big Oil. Where do you think the midnight sun. I would say it was tween those of us supporting this meas- you’re getting your oil today as you written in the darkness of night. And ure and some of those on the other side put it in your tank? From Saudi Ara- introduced last night, had the rule last of the aisle who have been trumpeting bia, Venezuela, Chavez, foreign coun- night, 500 pages. I have read it, and it their bumper sticker ‘‘drill here, drill tries that have control of us right now. produces nothing. now’’ approach to our serious energy We ought to be talking about that. You can get more energy out of this situation. Forget talking about Big Oil, because bill, ladies and gentlemen, if you take They would open up everything to this body, and I’ve said it before on all the copies of the bill and put it in Big Oil. Perhaps some of them would this floor of the House, both sides of a bonfire. And that is not good for this even open up the National Mall if they the aisle have not seized the ability to House of this Nation. You had the op- could to drilling rigs. They would give solve the energy problem by developing portunity. away the store, no accountability, no fossil fuels. Now, I don’t understand, really, why safeguards, no expectation of a return Coal. There’s nothing in this bill anybody would support this legislation in terms of energy or revenue. about coal to liquification or gasifi- at all because we’re committing some- We, on this side, instead, seek to pro- cation. There’s nothing in this bill thing wrong to the American people. tect America’s interests in American about nuclear power. There’s nothing We had a chance.

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00085 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.003 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 19269 I see people from oil-producing time we’re going to open up more that comes up because we’re doing it States over on that side. Why did you Outer Continental Shelf opportunity many, many times more than what buy into the concept we wanted to than anytime in history, even under they did when they had the majority. bring a bill to the floor that does noth- years of Republican House control, Our legislation improves on the origi- ing but say I helped develop more oil Senate control and the President. nal H.R. 6 from last year, at least freez- when it doesn’t do it? I support opening ANWR, but that ing independent oil and natural gas If you believe that, you would have didn’t happen even when the Repub- producers at their current section 199 let us have this bill, 2 weeks, 3, 4 weeks licans were in control. manufacturing. It removes the arbi- ago, but you didn’t because you know The royalty share, I’d love to share trary proposals for raising royalty. when it finally gets out to the public royalties with our States who allow There was a proposal to go to 21 per- and they start understanding what’s drilling, but CBO won’t let us. Maybe cent. This administration already in- occurring, that the public will under- the Senate will bring up that point. creased it to 16 percent. But we don’t stand, yes, it was a sham. But I don’t know why we can’t take need to go to 21. It retains account- And I’m tired of politics on oil in this yes for an answer. If you want to drill ability for the tainted royalty in kind body. We have a Speaker that believes in our country, this is the bill. Now, if that I support. that we have to save the planet be- you want a political issue that you Mr. Speaker, I will place the remain- cause we can’t burn any more fossil think you’ll ride into the November der of my statement into the RECORD, but let me just say one last thing. fuel. If that’s the case, then let’s admit election on like you tried in August, The SPEAKER pro tempore. The gen- it. I believe this is what she believes, which was more theatrics than any- tleman’s time has expired. and I think that’s sad. thing else then vote ‘‘no.’’ But I’ll tell Mr. GENE GREEN of Texas. Presi- I believe we ought to say, okay, we you what, the American people are dent Bush waited 71⁄2 years to eliminate do have to have fossil fuels and we can going to see this for what it is. And it’s the executive moratorium. And the develop the other forms of energy but a comprehensive bill that will go for- Democratic Congress has only taken it takes time. We need that bridge. ward. 11⁄2 years. This bill doesn’t do that. We’re going to invest that royalty It improves the management of the Strategic So we’re going to come back here into renewable energy research. I don’t Petroleum Reserve—an idea first offered by next year, the public will be hood- think it’s economically feasible now, my good friend from Texas, NICK LAMPSON— winked. The public will have high but we need to get there. But we’re by allowing a swap for heavy crude which prices again, nothing will be done. going to produce domestically, and could immediately lower prices for consumers. If we’re really wise, we’d take this send that message to the world which, Most dramatically, our proposal will help uti- bill today, totally defeat it, send it you know, maybe a bill on the floor has lize our own domestic oil and natural gas re- back and work across the aisle for the helped us with that oil prices going sources in the Outer Continental Shelf. American people, work across the aisle down every day per barrel. Our legislation incorporates many of the off- for solutions that would no longer have I want to thank my esteemed col- shore drilling provisions I and other ‘‘Energy the yoke not of Big Oil around our leagues, Chairman RAHALL, Chairman Democrats’’ first introduced in the LEASE Act necks, the yoke of the foreign coun- MILLER and Chairman DINGELL, as well by directing the immediate opening of all tries that took those billions of dollars. as Speaker PELOSI and Majority Leader areas beyond 100 miles off our coasts. The largest transfer of American HOYER and the entire Democratic Cau- That’s over 305 million acres in the OCS wealth in history occurred because this cus for working together to craft legis- that are automatically opened for oil and nat- body didn’t act correctly and did not lation that our majority, our Congress ural gas leasing. develop the resources so we wouldn’t and our country can be proud of. States are also given discretion to ‘‘opt-in’’ have to transfer that wealth overseas, Now, I know some of my friends in to additional drilling from 50 to 100 miles off and we did it. Congress and maybe the energy indus- their coasts estimated at an additional 90 mil- So we have a responsibility to defeat try and the environmental community lion acres for production. this legislation. It was conceived in the may be asking themselves one ques- My friends from the other side of the aisle dark. Who the father is, I do not know. tion: ‘‘How in the world can an unholy will argue this bill does not open up enough But we do know it’s not legitimate. alliance of GREEN, MILLER and RAHALL acreage offshore. I reserve the balance of my time. ever come together to introduce a com- In some instances, as in the Eastern Gulf of Mr. RAHALL. Mr. Speaker, I yield prehensive energy plan. The answer is Mexico, I agree. myself 1 minute. very simple. America’s energy needs But let’s not forget one fact: during the I would note to the gentleman that demand it. We need to do what’s envi- height of Republican rule, under both a Re- just spoke, the minority, when they ronmentally good, but we also need to publican President and Congress, Republicans were in power, tried very hard writing make sure we can keep the prices of were only able to direct the opening of 8.3 mil- bills late at night, so nothing should lion acres for leasing in the Gulf of Mexico. our current fuel costs low, and whether 1 surprise them as far as the timing of it’s for lighting our homes or cooling President Bush after almost 7 ⁄2 years in office this bill. or heating our homes or running our removed the Presidential moritorium. Today, Democrats are directing the opening I yield, Mr. Speaker, 3 minutes to the vehicles or running our industry. of over 305 million acres with state concur- distinguished gentleman from Texas All sides of this debate can no longer rence. (Mr. GENE GREEN), a very important insist my way or the highway approach This is hundreds of millions more acres that champion of this bill and cosponsor of to energy. We need all energy sources, are directly opened than in the Senate’s the legislation. both conventional and renewable, and ‘‘Gang of 20’’ proposal, or in Senate Repub- Mr. GENE GREEN of Texas. Mr. everyone must be willing to sacrifice lican Leader MITCH MCCONNELL’S ‘‘Gas Price Speaker, I rise in strong support of to reach a common good. Reduction Act’’, which has the support of 44 H.R. 6899, the Comprehensive American I personally have questions about Republican Senators. Energy Security and Taxpayer Protec- this, some of the things in this bill. Most importantly, we use the revenues from tion Act. But again, this is the first step. Why oil and gas production to transition America to I don’t know why my Republican col- would you kill it right now when we a clean energy future. leagues can’t take yes for an answer. still have to work with the Senate and Our bill will create a fund to invest in clean We are opening up over 305 million also get a bill passed that the Presi- renewable energy, energy efficiency, the Land acres. Now, granted, it’s a compromise. dent will sign? and Water Conservation Fund, carbon capture But when you were in charge, we So this is the first time we’re open- sequestration, and the Low-Income Home En- opened up 8 million acres in the east- ing this much Outer Continental Shelf ergy Assistance Program. ern Gulf of Mexico. I’d like to open up drilling in the Democratic majority And we extend many of the critical tax cred- more, but, again, like you had to make House of Representatives. Maybe it’s its for wind, solar, and other renewable energy compromises, we have. But for the first just response to say no to everything sources that expire this year.

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00086 Fmt 0688 Sfmt 9920 E:\BR08\H16SE8.003 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19270 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 September 16, 2008 While I believe it’s also fundamental to allow What we need to do is have an energy With that, I reserve the balance of states to share in any offshore revenues, development bill for America that my time. ‘‘pay-go’’ rules require any revenue sharing- makes it possible to develop the energy Mr. RAHALL. Mr. Speaker, I yield provisions to be offset—whether it’s included resources where we think we have the myself 1 minute. in this legislation or any other OCS proposal. highest probability of actually finding It’s interesting to note that the gen- Mr. Speaker, our legislation isn’t perfect. But and developing, in an environmentally tleman from Texas has just spoken we cannot make the perfect the enemy of the and economically safe fashion, those about that we should have a straight good. Let’s pass this bill and for the first time resources. This bill doesn’t do that. It up-or-down—or, I’m sorry, that we a Democratic Congress. simply doesn’t do that. should have amendments, that he’s Our constituents, and our Nation, can no I would have liked in prior Con- complaining about the closed rule as longer wait for Congress to act on a balanced gresses when I was chairman of the En- other Members on that side have. Yet energy policy that will provide the conventional ergy and Commerce Committee or sub- their mantra over the last several energy we need to fuel our economy and to committee chairman of the Energy and months has been, Let’s have a straight develop the clean energy sources of tomor- Air Quality Subcommittee to have up-or-down vote; let’s have a straight row. opened up more of our domestic energy up-or-down vote. I would say that’s I urge my colleagues to support the Rahall- resources. But in those Congresses, we what we’re getting to before this Green-Miller legislation, and I yield back the literally didn’t have the votes. We did evening is over with. balance of my time. have debate on the floor, we had Mr. YOUNG of Alaska. Mr. Speaker, I amendments offered, we had an open I would note also the lack of hearings yield myself 1 minute. process in committee and on the floor; to which we’ve been charged. This en- Again, I have great respect for my but in some of those cases, we lost ergy debate has gone on ad infinitum friend from Texas, and I understand those votes. on numerous pieces of legislation, the pressure he’s under. This bill, we’re not allowed to even often bills having nothing to do with But just think for a minute. There’s have the amendment. I offered a num- energy, during 1-minutes, during Spe- no real offshore exploration in their ber of amendments to the Rules Com- cial Orders. Even when the House was bill. There’s no renewables in their bill. mittee last evening, and they were not not in session, the other side had their There’s no oil shale in their bill. Of made in order. This is a closed rule, energy debate. course there’s no ANWR in their bill. you know. Why not have this as the So I would say there are various There’s no nuclear in their bill. There’s base text and then have a number of parts of this bill that have passed the no clean coal to coal to liquids in their amendments to see what the will of the House before, have been debated on ad bill. There’s no new refinery capacity House is? That would be a fair process. infinitum in committees and/or on this in their bill. This is not a fair process. floor. So there is really nothing new in When the first title, section 101 of this piece of legislation, and it’s a b 1715 your bill, is a title called ‘‘Prohibition piece of legislation that has been de- There is no electricity price hike on Leasing’’ and in the very first para- bated over and over. control in their bill. And most of all, graph, notwithstanding any other pro- Mr. Speaker, I yield 3 minutes to the there is no lawsuit reform in their bill. vision of the Outer Continental Shelf distinguished chairman of our Edu- This bill is, in fact, a ‘‘no’’ bill: no and several other laws, no leasing shall cation and Labor Committee, the gen- energy, no energy, no energy. be allowed unless expressly authorized tleman from California (Mr. GEORGE Mr. Speaker, at this time I ask unan- in this bill itself, that’s not a pro-en- MILLER), and also a cosponsor of this imous consent that the gentleman ergy development bill. That’s not a legislation. from Texas and the ranking Republican pro-energy development bill. Mr. GEORGE MILLER of California. on the Energy and Commerce Com- So this is a bill that pretends to be I thank the chairman for yielding and mittee be allowed to control 21 minutes one thing, Mr. Speaker, but in actu- thank him for bringing this legislation of the general debate time. ality is something completely dif- to this floor. I’m honored to be a co- The SPEAKER pro tempore. Is there ferent. If we had any kind of a regular sponsor of this legislation along with objection to the request of the gen- process where the bill went through Mr. RAHALL and Mr. GREEN. tleman from Alaska? the gentleman’s committee, the Re- I rise in very strong support of this There was no objection. sources Committee and the Ways and comprehensive, forward-looking bill Mr. BARTON of Texas. I would recog- Means Committee and the Energy and that will provide relief at the pump, nize myself, Mr. Speaker, for 31⁄2 min- Commerce Committee and the Agri- create good jobs here in America, and utes. culture Committee and the Science finally put our Nation on a path toward Members of the House, we have be- Committee so that we had these issues a clean and more independent energy fore us a bill that proclaims to be one vetted, that would be a different thing. thing but which is, in reality, some- This is a 290-page bill. Nobody knows future. Surely that is something that thing entirely different. My good friend what is in the bill in its entirety. None we could all support. from Texas, the Honorable GENE of this has been vetted. I think it will Americans understand the problem. GREEN, whose district has just been hit come as a surprise to some Members of Our Nation is addicted to oil. Con- so hard by Hurricane Ike, made the the majority that you have mandatory sumers are paying record prices to heat point that under Republican majorities random drug testing in this bill. I don’t and cool their homes and to drive their we only opened—his term was 8 million know that everybody on the majority cars and trucks. Global warming is acres and this bill pretends to open 300 side—I happen to think that’s one of real; it’s serious and a growing prob- million so it’s a better bill. the few good things in the bill. But it lem. Meanwhile, oil companies are Well, I would point out that if we put is in the bill. Now, I have participated making more money than ever before. in the bill that you can drill anywhere in floor debates in prior Congresses That’s why Democrats made energy a in the Pacific Ocean beyond 200 miles where we tried to do mandatory drug top priority when we took back the or anywhere in the Atlantic Ocean be- testing, and huge majorities of the cur- House and Senate last year. yond 200 miles, which is the inter- rent majority opposed that. We raised auto fuel economy stand- national limit, that we could claim to So, again, we’ve got a flawed process; ards for the first time in a generation, open up for exploration literally bil- we have a flawed bill. What we have is overcoming the objections of the auto lions of acres. a title that pretends to be one thing and oil industries and the Republicans The point is we don’t have the tech- and the substance of the bill is some- in Congress and the White House. And nology in many cases to utilize that. thing else. We should vote this down we passed one bill after another to im- And in any event, there is no prohibi- and go back and have a bipartisan prove America’s energy policy to ex- tion now. process. pand wind, solar, and other renewable

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00087 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.003 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 19271 energy sources, to increase the effi- of the Energy and Commerce Com- in progress. Obviously it’s not in its ciency and conservation, to curb specu- mittee, Congresswoman BLACKBURN of final form. The Senate needs to vet its lation and energy markets, and to re- Tennessee. efforts, and the President needs to lease oil from the Strategic Petroleum Mrs. BLACKBURN. Mr. Speaker, I weigh in, and therefore it needs more Reserve, and to recoup tens of billions thank the gentleman from Texas for work, in my opinion. of dollars that oil companies have un- yielding the time. I do appreciate, though, the Speak- fairly taken from the taxpayers as You know, this has been such an iner’s efforts on this bill. And I do hope they’ve exploited the taxpayers’ re- teresting discussion that we have car- to continue to support her efforts as we sources on our public lands. ried forth on this bill. It has lasted for look at the compromise, the bipartisan Every bill we passed was opposed by weeks. And finally the majority de- compromise, that will continue to im- a majority of the Republicans in Con- cides they’re going to do something prove this measure. gress and by President Bush. And at about it. But you know, it really is a In its current form, however, it the end of all of their objections, gas bait-and-switch-type issue with the doesn’t provide some of the comprehen- rose to $4 a gallon. Think how different American people because the American sive efforts and solutions that existed this debate would have been if in the people are for drilling on American soil in the measure that Congressmen previous decade when the Republicans for American energy resources because ABERCROMBIE, PETERSON, and others controlled this House and the 8 years they want to move to energy independ- worked on in a bipartisan effort; and I want to thank them, Representatives when they controlled the White House ence. They want to lower the price at ABERCROMBIE and PETERSON, for their and the Congress if they had pushed the pump. And the bill that we have in hard work. Six weeks we worked in forward on energy in those days. Think front of us is not going to do that. June and in July to form the bipar- how different the automobile industry Indeed, Mr. Speaker, if you get into tisan compromise effort otherwise section 101 of this bill, what is it that would have been today had they not known as the National Conservation you find right out of the gate, right caved in to the oil industry and the Environment and Energy Independence auto industries and moved those stand- from the start, what is it that the ma- Act, H.R. 6709. ards. But no, it took 30 years, and we jority wants to do? And now bear in did it in this Congress with the Demo- mind this bill never came to the En- b 1730 cratic leadership. ergy and Commerce Committee. It The differences between that effort Think how different this discussion didn’t go to the Energy Subcommittee. and this are the following: would be on renewables and alter- The 290 pages of this bill was dropped First, the bill prohibits drilling with- natives if the Republicans had chosen in the dark of night last night and in 50 miles of the coast, which, in my that. But no. Every time they brought brought to the floor today. opinion, puts a lot of our most prom- an energy bill to the floor, they looked But in section 101 of the bill, what do ising areas off-limits in terms of the to the past. They said that we could you have? Putting permanently off- Outer Continental Shelf. drill our way out of this problem, we’re limits some of the richest reserve areas Second, by not allowing revenue just another drop of oil away from the in the Outer Continental Shelf. sharing with States, as we do with problem. And at the end of that decade, So it’s like that situation where you Texas, Louisiana and Mississippi, I we ended up more dependent upon for- want to give a little and take a lot, think it makes it less likely that eign oil than at any other time in our which is not appropriate when we have States will opt in to leasing, even be- history. the price of gas in our States at all- tween the 50 and 100 miles. So that’s why we’re here today. We’re time record highs today. Third, the bill doesn’t directly tie the here to help consumers, to drive down Other things that it does not do is to new royalties generated to funding for the price of energy, to expand the en- address renewables without tax hikes. renewables and energy efficiency. So it ergy resources in this Nation that are If you want renewables, run the taxes doesn’t provide the same benefits that we have in H.R. 6709, although there available to all consumers all across up, is what the majority says, what the are some PAYGO issues there. I think the country, and to create good Amer- Democrats say. Oil shale exploration? they are workable. I think we can get ican jobs in the process of doing that Not going to do that. Arctic coastal this measure out. I think we can work and to put us on that path to energy plain, ANWR? Not going to do that. with them in the Senate. independence and to greater diversity If you want nuclear—in TVA and The bottom line is that we need to in our sources of energy. Tennessee, we’re looking at a 20 per- use all the energy tools in our energy We are not going to succumb to the cent electric rate hike. But this bill toolbox. That includes both coal se- old interests that tell us we have to would make it more difficult for ex- questration, as well as new advances in continue to give away the public’s re- panding nuclear. There’s nothing in nuclear power that doesn’t put it in sources and not provide the royalties there for emission-free nuclear. And we Nevada. that the public is entitled to, that the know that our rates are going up 20 We talk a lot about the urge to put public, with all due respect, in most percent. We know that moving from an Apollo-like program together. We every other nation in the world gets hydroelectric to nuclear is an impera- do. We do need to do that in a bipar- when they give their resources to be tive for us. tisan effort. But sometimes people for- exploited. I encourage my colleagues to vote get that in the Apollo program, we had We’re going to stop the days of the this bill down and vote for the Amer- the Mercury program so that men royalty holidays, royalty holidays for ican Energy Act, all-of-the-above. could go into space. We had the Gemini oil companies that are making record Mr. RAHALL. Mr. Speaker, I yield 4 project that showed that you could profits because of their record inge- minutes to the distinguished chairman dock and you could spacewalk before nuity and their skill and their talent. of our Subcommittee on Energy and we got to Apollo. But the fact of the matter is there is Mineral Resources, an individual who’s The goal is to reduce our dependency no royalty holiday for the ratepayers, helped us a great deal in the drafting of on fossil fuels, reduce our dependency for the people paying at the pump, for this legislation, the gentleman from on foreign sources of energy. We can’t people trying to heat and cool their California (Mr. COSTA). get there overnight. We need to have homes. And that’s why this legislation Mr. COSTA. Mr. Speaker, I want to this Apollo-like program that uses our must pass because this legislation thank Chairman RAHALL, Chairman current energy resources here in Amer- speaks to the future, to a sustainable MILLER, and Chairman GREEN for all ica to finance the renewables that will and renewable energy policy for this their hard work and their continuous bridge the gap. That’s what we need to country for the first time in over a dec- efforts to try to ensure that we deal do. ade. with America’s energy crisis today. It’s my hope that the provisions of Mr. BARTON of Texas. Mr. Speaker, I rise in support of the passage of our previous measure can be incor- I want to yield 2 minutes to a member H.R. 6899, but I view this bill as a work porated into this bill as we work

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00088 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.003 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19272 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 September 16, 2008 through the legislative process, as we of the Committee on Natural Re- Three, our economic security is also should do. But I think it’s a step in the sources, and also to my colleague Mr. threatened. As we rely on OPEC coun- right direction, this measure. We need GREEN, a valuable member of the Com- tries, other nations in the Mideast get to move forward to take a closer look mittee on Energy and Commerce. rich off our dollars. Our national debt at how we come together in a bipar- They, working with the Speaker, continues to rise and our dollar falls. tisan effort in that comprehensive en- have come forward with a good bill, OPEC buys our national debt, buys our ergy package. The American public de- one which is going to move this coun- businesses, and our trade deficit with mands that we do this. Our economy try forward in terms of reducing our energy gets worse. requires that we do this. dependency on foreign oil and increas- Fourth, our national security. Many We are going to have a transfer of ing our utilization and development of of these oil producing countries are $750 million in wealth this year just to more of our own domestic natural re- threatening the United States. Iran pay for our energy price tag. For all sources. uses oil money to fund missiles and nu- those reasons, I urge my colleagues to This bill achieves the delicate bal- clear weapons and supplies bombs to vote for this measure, even though you ance between the need for increased attack our troops. Russia invades don’t like some of the elements in this production, aggressive conservation, Georgia, threatens the Ukraine, threat- measure, as I don’t believe some of the and a greater use of renewable energy, ens Poland, and sends bombers to Ven- elements in this measure are pointed a path that this Congress has estab- ezuela. toward that comprehensive effort. lished in last year’s energy bill, and as We must drill for our own abundant But I want to commend my col- I would note for my colleagues, we will oil as a means to end our dependence leagues, Chairman RAHALL, Chairman be in business again next year. Last on foreign oil, but this bill cuts off 90 MILLER and Chairman GREEN, for their year, we did something. The year be- percent of U.S. oil off our coasts, which willingness to compromise. I want to fore, in the prior Congress under the means we cannot use that energy to continue my efforts across the aisle leadership of my Republican col- help our country. Americans understand: We cannot with Congressman PETERSON and oth- leagues, we passed legislation which ers who are part of that bipartisan ef- also increased production. Next year, I tax away the independence. We cannot fort. That’s what we need to do, that’s assure you that when we confront the cut off our energy as a way to inde- what the American public expects, and business of this Congress in the new pendence. We can and should use our that’s why I’m voting for this measure. Congress, we will again move forward oil, use our coal, use our nuclear en- I thank the chairman. on legislation. This is not a static mat- ergy, use our innovation and use con- Mr. BARTON of Texas. Mr. Speaker, ter. It is something which goes forward servation to be energy independent. I yield 1 minute to the gentleman from in an intelligent process, thoughtfully That comprehensive solution is what we have to have. That’s not what we Oklahoma (Mr. LUCAS). led by people like my good friend from Mr. LUCAS. Mr. Speaker, I come be- West Virginia (Mr. RAHALL). have yet. Mr. RAHALL. Mr. Speaker, I yield fore you today to address the major- Again, I commend my colleagues who myself 30 seconds. ity’s so-called energy package. I find have worked on this legislation. I recognize that it has more to be done, but I’m glad the gentleman from Alaska the name odd, considering it contains has returned to the floor and reclaimed almost no energy provisions. Instead, there’s always business to be done around this place. managing on his part. I hope he’s been it serves as political cover, an empty I urge the adoption, and again, I com- back in the cloakroom speaking to his offering to the American people before mend my friend Mr. RAHALL and his Governor, Sarah Palin, and urging her the November elections. After all, it colleagues on the committee for the to speak with his Presidential nomi- contains no language to build new nu- superb job they have done on this legis- nee, JOHN MCCAIN, in regard to opening clear power plants or oil refineries. lation working with our distinguished up ANWR, since the gentleman is so And while it claims to allow offshore Speaker. anxious to open up ANWR. I would note drilling, it actually keeps 88 percent of Mr. BARTON of Texas. Mr. Speaker, that his Presidential nominee is op- offshore oil reserves under lock and I yield 2 minutes to a member of the posed opening ANWR as well. key. Energy and Commerce Committee, Mr. This legislation, however, increases The American people want real ac- MURPHY of Pennsylvania. domestic oil production in Alaska by tion and meaningful solutions that in- Mr. TIM MURPHY of Pennsylvania. mandating annual lease sales in the clude an increase in American-pro- Mr. Speaker, the American public National Petroleum Reserve which has duced energy. The American Energy wants real solutions to this energy cri- more than 10 billion barrels of oil, Act, on the other hand, will open all of sis. Unfortunately, what we’re voting more oil than the Arctic Wildlife Ref- our vast natural resources, allowing oil on today is not a real solution. It’s a no uge. exploration offshore and in ANWR. It drill bill. Mr. Speaker, it’s my honor to yield 4 assists in the building of new oil refin- Our country’s security is threatened minutes to a very distinguished mem- eries and nuclear power plants, and ex- in four ways. One is family security. ber of our Committee on Natural Re- tends the tax credits to encourage With the price of natural gas and food sources, the gentleman from Oklahoma more investment and research into on the increase, families can’t afford (Mr. BOREN). wind and solar energy. the next loaf of bread, the next gallon The SPEAKER pro tempore. The gen- This is the all-of-the-above energy of milk, the next tank of gas or the tleman from Okmulgee is recognized solution that the American people have heating bill for their homes. for 4 minutes. been asking for. I implore my col- Two, job security. As we continue to Mr. BOREN. Thank you, Mr. Speak- leagues to listen to the American peo- rely on OPEC countries for oil, we are er. We’re proud that you were born in ple. Bring the real energy bill to the refusing to create jobs here. Consider Okmulgee, Oklahoma. floor for a vote. this: One oil refinery during construc- Mr. Speaker, I rise today to join my Mr. RAHALL. Mr. Speaker, I am very tion would be 8,000 jobs and then an- colleagues in support of the Com- honored to yield 1 minute to the distin- other 1,800 during its use. Oil and nat- prehensive American Energy Security guished dean of the House and cospon- ural gas exploration employs nearly and Consumer Protection Act. That’s a sor of the pending legislation and 386,000 workers. We could double or tri- long name. This legislation represents chairman of our Energy and Commerce ple this number if we drill for more oil. an investment in America’s future that Committee, Mr. DINGELL of Michigan. Indirect incomes in other industries re- will reduce our dependence on foreign Mr. DINGELL. Mr. Speaker, I rise in sulting from this gas activity can sup- oil, develop our domestic energy re- support of the legislation. I rise to port another 4 million jobs, and this sources, and lower energy costs for commend and express my great respect bill cuts out our vast coal supplies and American families. for the distinguished gentleman from the jobs from clean coal energy and There are several reasons to support West Virginia (Mr. RAHALL), chairman coal-to-liquid. this bill. However, the most important

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00089 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.003 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 19273 one is that it expands the use of nat- point in our Nation’s energy future. coal-to-liquid technology, increasing ural gas as a reliable energy resource Today is the day we begin to open our refinery capacity, or opening ANWR. for the future. domestic drilling opportunities. It is a However, the bill does include a draw- Natural gas is clean, it is efficient, it day when we created a new market for down of our Strategic Petroleum Re- is less expensive, and as recent studies the benefits of natural gas and a day serve, the fraudulent use-it-or-use-it have shown, available in abundant sup- when we began to take action towards legislation, and the extremely costly plies. The natural gas provisions in securing our energy independence. renewable energy mandate. this bill greatly expand our Nation’s Rather than viewing oil and gas com- Over the next 20 years, U.S. oil con- domestic gas infrastructure by pro- panies as enemies as a lot of people on sumption is projected to grow even viding tax incentives for consumers to my side of the aisle do, I think they are after factoring in a projected 26 percent install natural gas refueling stations in for American progress. We must in- increase in renewable energy supply their homes and creating more natural stead view them as partners in the ef- and 29 percent increase in efficiency. gas pumps at gas stations across the fort to provide innovative solutions Unless we look for and develop new United States. that we need. U.S. reserves, reliance on foreign In my home State of Oklahoma, we The contents of this bill were written sources of oil—already over 60 per- have a long and proud legacy of leader- in the spirit of compromise, and I com- cent—will continue to rise. OPEC will ship in providing our Nation with reli- mend my fellow colleagues on both continue to manipulate production lev- able energy. The energy industry in sides of the aisle that have dedicated els and prices. Oklahoma is one of the largest private their efforts to increase energy sup- Ladies and gentlemen, it’s time to employers in my State, providing eco- plies in this country. support the American Energy Act. nomic opportunity to Oklahomans and For these reasons, Mr. Speaker, I en- Mr. RAHALL. Mr. Speaker, I yield 2 a sense of purpose in helping our Na- courage my colleagues to support the minutes to the distinguished gentlelady from Pennsylvania, a mem- tion meet its energy needs. final passage of this legislation. ber of the Ways and Means Committee, In my congressional district, we have Mr. YOUNG of Alaska. Mr. Speaker, I Ms. SCHWARTZ. seen counties where unemployment yield myself 30 seconds. Ms. SCHWARTZ. Mr. Speaker, I rise rates stood between 10 and 15 percent The gentleman from West Virginia in support of the Comprehensive Amer- year after year, now are reporting was giving a history lesson a moment ican Energy Security and Consumer rates below 2 percent because of the en- ago. We passed ANWR on this House 10 Protection Act. ergy industry. That is the type of eco- times, never got out of the Democrat The United States consumes 25 per- nomic prosperity that the natural gas Senate side because of filibuster, and cent of the world’s oil, yet only holds 2 provisions in this bill could bring to Bill Clinton vetoed it. And my can- percent of the world’s oil reserve. The many other places across the United didate has sort of changed his mind fact is that we cannot simply drill our States. with his new Vice Presidential can- way out of this energy crisis, but that’s It’s been said that natural gas is the didate, who is going to be the next Vice exactly what Republicans would lead bridge that will allow us—and you see President of the United States, who you to believe, that drilling is the an- this in the Boone Pickens ads—that strongly supports drilling in ANWR. swer. But it is simply shortsighted, will allow us to reach domestic energy I am convinced with her great per- misleading, and wrong. independence and a future of renewable sonality and her knowledge, she will be We can drill responsibly, but lower energy. Mr. Speaker, the natural gas able to convince him the right way, gas prices and energy independence re- provisions in this legislation will build more than we do Mr. OBAMA. quire immediate and significant invest- that bridge. I reserve the balance of my time. ments in American innovation in alter- It’s been an honor to work closely Mr. BARTON of Texas. Mr. Speaker, native fuels, investments in renewable with my friend and colleague Rep- I yield 2 minutes to the gentleman energy technology, and in energy effi- resentative RAHM EMANUEL to make from California (Mr. RADANOVICH). ciency. sure that the provisions of our natural Mr. RADANOVICH. Mr. Speaker, I The Republicans say that they want gas vehicle bill were included in this want to thank the ranking member an all-of-the-above plan. Well, that’s legislation. from the Energy and Commerce Com- exactly what we have before us today. In addition to natural gas, I’m also mittee. This proposal is a 21st-century energy supportive of the expansion of coastal When President Bush lifted the Presi- plan that spurs innovation, puts the drilling. It is another critical step to- dential moratorium on offshore oil Nation on a path to energy independ- ward reducing our dependence on for- drilling, the price of oil dropped $12 a ence, and lowers gas prices for Amer- eign oil and ultimately lowering gas barrel immediately and began falling ican families and American businesses. prices. ever since. It will expand renewable energy pro- I have long supported expanded off- I have said many times over our sum- duction and improve energy efficiency shore drilling, as well as drilling in mer recess that if Congress passes an through $18 billion in tax incentives ANWR and everywhere else domestic energy bill that increases the produc- paid for by repealing subsidies to the energy can be found. It is my hope that tion of domestic energy, the markets oil industry. It will promote conserva- as we move forward we can work to- will react with lower prices. tion by encouraging the construction gether to increase domestic drilling op- of commercial buildings that are 50 b 1745 portunities in future legislation. percent more energy efficient. It will While I support this bill before us That is the litmus test that Congress increase domestic production of tradi- today, I do have concerns about several should use to determine whether we tional energy sources by allowing new provisions, including the repeal of im- are delivering what the American peo- offshore drilling. And it will create portant energy tax incentives, the in- ple want, which is lower gas prices. hundreds of thousands of new high- crease of royalty fees, as well as the so- The Democrat energy bill will be re- quality, good-paying American jobs. called use-it-or-lose-it requirement. ceived with a resounding thud on the This plan is a stark contrast to the I also feel that the renewable elec- world markets. It won’t move the price Republicans’ drill-only mantra. If my tricity standard included in this bill of gas one cent because it provides no colleagues on the other side of the aisle could very well be an unrealistic man- incentive for States to increase produc- want to vote for an all-of-the-above ap- date as it is written currently. tion offshore. Unlike the comprehen- proach, this is their chance. Vote for a I look forward to working with my sive American Energy Act, the bill uniquely American solution to our se- fellow colleagues to address these con- that we are voting on today does not curity and to America’s energy future. cerns in the future, but at the end of address oil shale production, lawsuit Mr. BARTON of Texas. Mr. Speaker, the day, I support this legislation be- reform, environmental ESA reform, may I inquire as to how much time I cause it represents a critical turning streamlining nuclear energy processes, have remaining.

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00090 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.003 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19274 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 September 16, 2008

The SPEAKER pro tempore. The gen- gentlelady from Nevada, Ms. SHELLEY aimed at boosting conservation. I sup- tleman from Texas has 11 minutes re- BERKLEY. port them. In fact, I’m the lead Repub- maining. The gentleman from Alaska, Ms. BERKLEY. Before I give my pre- lican cosponsor on a bill that closely 601⁄2; 641⁄2 for the gentleman from West pared remarks, I’d like to say that one mirrors a section of this legislation Virginia. of the reasons that I am so supportive dealing with clean buildings. I’m also a Mr. BARTON of Texas. Mr. Speaker, of the Democratic proposal is because strong supporter of the development at this time, I would like to reserve the it does not have nuclear energy reli- and deployment of renewable and alter- balance of my time and yield back con- ance which has a nuclear waste prob- native energy technologies like hydro- trol of the Republican time to the dis- lem that no one has been able to solve. gen, cellulosic ethanol, geothermal, tinguished ranking member of the Re- Mr. Speaker, I rise today in support solar and wind. But to call this bill sources Committee, Mr. YOUNG. of this important legislation which will we’re considering today a comprehen- Mr. YOUNG of Alaska. Mr. Speaker, help our Nation move towards a clean- sive energy solution is just plain at this time, I yield 2 minutes to the er, more sustainable energy future. wrong. gentleman from Alabama (Mr. BACH- This bill provides necessary tax in- Some on the other side of the aisle US). centives for electricity produced from would have us believe that this bill will Mr. BACHUS. Mr. Speaker, this is a renewable resources, including wind, open new areas of the Outer Conti- gas receipt. All of us have seen our con- solar and geothermal. These incentives nental Shelf to offshore exploration. stituents give us these gas receipts. will provide badly needed assistance to Instead, it discourages States from al- This is for $89. It’s what Boone Pickens clean renewable energy companies in lowing drilling off their shores. By not says is the largest transfer of wealth in my home State of Nevada and through- allowing States to share in the royal- the history of the world. out the country that are working to di- ties from offshore oil and natural gas Now I’m going to show you where versify our Nation’s energy portfolio exploration, we virtually guarantee that money is going. A lot of it is going and clean up our environment. that no State would permit production to Dubai. Dubai, they’re our allies. If Power from the sun and wind and off its coast. you had gone to Dubai before the cost geothermal are unlimited. And these In addition, it includes no new refin- of gasoline went up, you would have entrepreneurs are ready to build and ery capacity, no clean coal, and zero seen this picture. This is the main expand our renewable energy resources nuclear energy. In my home State of Il- street in Dubai, a dirt road; and the as soon as we in Congress give them linois, we rely on nuclear power for 50 only thing higher than two stories was the tools they need to move forward. percent of our energy needs. It’s safe, a mosque. Energy independence is not just an carbon-free, and could provide sustain- Now let me show you Dubai today. environmental issue or an economic able domestic energy for decades to That’s where the infrastructure is issue, it’s a national security impera- come. Scientists at our national labs being built. It’s not in the United tive. We pay exorbitant prices for oil have developed new reprocessing tech- States. There are more construction from countries like Venezuela and nologies that will allow us to reburn cranes in Dubai than there are in the Saudi Arabia, who support and finance spent nuclear fuel, vastly reducing the United States, 25 percent of them in terrorism and terrorist attacks on toxicity and the volume of waste. With the world. America and our allies. We must stop this new process, we can solve the Now here’s my point: Do you know funding both sides of this war on ter- waste problem. what Dubai is doing? Do you know ror. By encouraging the development of Does anything in this bill take ad- what Abu Dhabi—do you know what renewable energy and energy independ- vantage of the advances we have made the United Emirates are doing at this ence, this bill helps move this country in nuclear power? No. Instead, the bill very moment? They are building or in the right direction. includes a renewable energy mandate plan to build 14 nuclear power plants. Our Nation has only 3 percent of the that will raise energy costs for con- They’re building nuclear power plants. world’s oil reserves, and yet our energy sumers who live in States like Illinois They’re going to generate their elec- future is being held up on the fantasy that rely heavily on clean nuclear tricity exclusively from nuclear power. that we can drill our way out of our en- power. Why? Because we don’t get it; they get ergy problems. Mr. Speaker, we can do better. Let’s it. They’re going to sell oil to us be- Mr. Speaker, we need to move ahead work together on the all-of-the-above cause we’re not going to develop nu- and grow our clean energy resources energy package that embraces long- clear power. China is building 30. India instead of relying on old 20th-century term energy solutions while also boost- is building 17. technologies like nuclear, that is not ing production and conservation to This bill doesn’t get it. Senator clean or safe or inexpensive, or indus- provide near-term relief at the pump. OBAMA, Senator BIDEN, they’re opposed tries like oil that pollute our air and Mr. RAHALL. Mr. Speaker, I yield 2 to nuclear power. They’re not doing contribute to global warming to satisfy minutes to the distinguished what the oil-rich Arabs are doing. our Nation’s energy needs. gentlelady from California, Ms. ANNA Thank goodness Senator MCCAIN and Let’s invest in our energy future by ESHOO. Governor Palin, they get it. The Re- supporting this good piece of legisla- Ms. ESHOO. I thank the distin- publicans get it. This bill has no nu- tion. guished chairman of the committee. clear power in it. This bill is not going Mr. YOUNG of Alaska. Mr. Speaker, I Mr. Speaker, I rise today in support to stop the largest transfer of wealth in yield 2 minutes to the gentlelady from of H.R. 6899, the Comprehensive Amer- the history of the world. You can’t do Illinois (Mrs. BIGGERT). ican Energy Security and Consumer it without nuclear power. Mrs. BIGGERT. I thank the gen- Protection Act of 2008. Let’s come back with a real energy tleman for yielding. As the title of the bill makes clear, solution. And I say to my friends on Mr. Speaker, I rise today to address there is no greater threat to our eco- the other side of the aisle, your bill the false choice being offered to Amer- nomic or our national security than doesn’t get it. Dubai and Abu Dhabi ica on the House floor today. our dependence on fossil fuels. Our Na- will continue to build their nuclear Despite months of pleas from the tion is acknowledging something, and power plants; we will build none. American people, the Democrat leader- that is that we have an addiction to oil And energy is the number one factor ship of this House is still trying to and that we are so totally dependent in manufacturing. We’re going to lose dodge the issue of real energy reform. upon it. And who benefits from this ad- our manufacturing. They’re going to We can’t expect this country to diction? Iran, Venezuela, Russia, rogue get it because they get it and you break its addiction to foreign oil if we regimes. And they are all getting rich don’t. continue to address only half the prob- off our reliance on a 19th-century en- Mr. RAHALL. Mr. Speaker, I yield 2 lem. But that’s exactly what this bill ergy source. Today, we have an oppor- minutes to the distinguished does. It includes numerous provisions tunity to strike a blow to some of the

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00091 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.003 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 19275 most dangerous regimes and promote this bill is not going to get through the lievable record $160 billion in profits, American economic and American na- Senate. So we’re not doing anything. every penny of that extracted from tional security. And that’s what this This is window dressing. American consumers and American bill represents. We have a severe problem in this small businesses and borrowed from The simplistic and unconditional country, and they’re doing nothing but overseas, putting us in huge trouble. ‘‘drill here, drill now’’ rhetoric is not a creating a facade so the American peo- The oil companies took care of their real response to these challenges. It ple will think they’re doing something Republican cronies and the Repub- really falls short of what some of the when they’re not. This bill will not do licans legislated on their behalf. When great leaders of our Nation put forward anything to help people with the price they controlled everything, the House, at another time during the history of they are paying for food, gasoline, the White House and the Senate, they our country. clothes or anything else that is trans- passed the so-called energy bill. It took We have to lift ourselves up to end ported by diesel or gasoline. It’s not them 5 years to write it. And they this dangerous addiction by developing going to do anything because it’s not passed it. We’re living with the con- renewable energy sources and become going to go anywhere. sequences, which is the huge increase energy efficient. Solar panels, electric In addition to that, this bill has no in profits and the huge increase in cars, fuel cells, efficient data centers nuclear, no clean coal, no refineries prices to consumers. and green buildings are all being devel- and no revenue sharing with the The choice is clear. Do we pass a bill oped by innovators in my congressional States. So if a State says they want to written by Democrats who are not be- district in Silicon Valley. With these drill off the coast 50 or 100 miles, which holden to Big Oil, or do we pass an- technologies, we can export energy to is a long way and it’s going to be really other Republican bill, those who legis- the world instead of being an importer deep, they are not going to do it unless lated this mess in the first place? Do of fossil fuels. they’re going to get something back, we break our dependence on fossil fuels This bill is fully paid for—and I think some revenue back. Why else would and mandate renewal energy, or do we my Republican friends need to listen they do it? So this bill is really a fa- ignore the ravages of global warming, up to this—by rolling back needless cade because it’s not going to encour- drill, dig, burn and borrow our Nation subsidies to the oil companies, and will age the States to allow drilling off to debt and dust? develop a renewable energy industry, their coast because they don’t get any- Today I will vote for energy inde- will create American jobs, will increase thing for it. This bill increases taxes on pendence, sustainability and affordable production, and will motivate invest- the oil companies. It’s going to dis- energy prices. Many of my Republican ments in renewable energy through tax courage further exploration and fur- colleagues will vote yet again for big- credits. ther drilling. ger oil company profits. Congratula- Oil is a necessary source in the near This bill is something that the Amer- tions to the Grand Old Oil Party. term, and the bill provides for respon- ican people ought to know is a fraud. It They’re very consistent. sible drilling. I think we need to pro- is not going anywhere. It’s not going to Mr. SALI. I yield 2 minutes to the tect our precious coastal regions. And solve the gasoline crisis problem. It’s gentleman from Colorado (Mr. with the offshore oil drilling morato- not going to solve the energy problem. LAMBORN). rium expiring in a few weeks, our coast But it’s going to help reelect some of Mr. LAMBORN. Mr. Speaker, I rise will be open to new leases. the Democrats because they have heard today as my colleagues across the aisle The SPEAKER pro tempore. The from their constituents when they try to deceive the American people time of the gentlewoman has expired. went home, you have to do something with this none-of-the-above, no energy Mr. RAHALL. I yield the gentlelady about the energy problem. You have to plan. H.R. 6899, the Democrat energy an additional 30 seconds. drill here in America. You have to pass bill, does nothing to address lawsuits Ms. ESHOO. No one wants oil rigs a bill. So they’re going to pass a bill. from radical environmentalists, which sitting three miles off our coasts; my But this bill is not going to do any- means that leases will be tied up in constituents don’t, maybe some others thing. It’s going to accomplish noth- court for years. It allows no drilling do. But that’s why this bill protects 50 ing. It’s not going to get through the within 50 miles of American shores. miles off of all of our coasts and gives Senate. And we’re going to be in the This alone rules out most of the prom- the States the right to review to opt in same situation 6 months from now be- ising areas in the Gulf of Mexico. It or not. cause they will not move a real energy gives no revenue sharing to States that This bill is all about the future. bill. allow offshore drilling. This bill would Some, placing our country at risk, will There was a bipartisan bill that Mr. actually cost these States money. choose the past, to stay with the past ABERCROMBIE of Hawaii and Mr. PETER- States will have no incentive to allow and to remain addicted. SON of Pennsylvania sponsored. I was a drilling from 50 to 100 miles. It imposes This bill is a pathway to the future. cosponsor of that bill. It had all kinds tax increases on oil companies right I’m proud to support it, and I urge my of compromises in it. But it dealt with when they need to invest in new devel- colleagues to do the same. the energy crisis. They don’t want that opment. These tax hikes will be passed ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE bill. The Speaker doesn’t want that on to consumers and will raise the The SPEAKER pro tempore. The bill. And they’re not going to do a darn price of gasoline and home heating oil. Chair would remind Members not to thing, and the American people ought It does nothing to promote oil shale, traffic the well while another Member to know. nuclear power, clean coal, new refin- is under recognition. Mr. RAHALL. Mr. Speaker, I yield 2 eries or Alaskan oil. minutes to the gentleman from Oregon, I am concerned about using oil shale b 1800 a valued member of our Committee on in particular, being from Colorado. Ac- Mr. SALI. I yield 2 minutes to the Natural Resources, Mr. DEFAZIO. cording to estimates, there are 1.23 gentleman from Indiana (Mr. BURTON). Mr. DEFAZIO. I thank the gen- trillion barrels of oil in oil shale depos- Mr. BURTON of Indiana. Mr. Speak- tleman. its just in government-owned lands. er, this bill is all about the future. It’s The oil and gas industry contributed This legislation does not provide a so- about protecting the Democrat incum- $166 million to the Republicans since lution that advances oil shale develop- bents to make sure they get reelected. 1990, 75 percent of their political con- ment. It is estimated that access to This should be called ‘‘The Protect tributions. Fact: When President Bush this American supply of energy could Congressmen and Congresswomen took office, gas cost $1.47 a gallon. supply American domestic gasoline Bill.’’ We’re bringing this bill to the Today gas costs $3.79 a gallon in my needs for 200 years. floor at the 11th hour just before we ad- district. Fact: In 2002, the oil compa- In essence, the Democrat bill does journ for this year, unless we have a nies made $30 billion in profits. In 2008, not open up offshore drilling as it pur- special session. They know full well it’s projected they will make an unbe- ports to do. It makes no progress on

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00092 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.003 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19276 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 September 16, 2008 other major sources of energy. And it gress at the urging of environmental Mr. RAHALL. Mr. Speaker, I yield 2 actually raises the cost of oil and gas groups that blocked Outer Continental minutes to the gentleman from Colo- through tax hikes and raises the cost Shelf drilling. It was the Congress that rado (Mr. PERLMUTTER). of electricity through its renewable en- blocked drilling in the Inter-Mountain Mr. PERLMUTTER. Thank you, Mr. ergy standards. This bill is not just a West. It was the Congress that blocked RAHALL, for bringing this bill to the sham and a fraud, though it is that. It drilling in Alaska. floor, building this bill and spending a will actually damage our economy. It Do you know what that has done? lot of time over the last 2 months to will kill jobs, and it threatens our eco- That has cost Americans jobs. That has bring a compromise piece of legisla- nomic future as a country. cost the people in my district their tion. And I want to focus first of all on Mr. RAHALL. Mr. Speaker, just to chance to earn a livelihood because we the part of the bill that Mrs. BIGGERT remind the previous gentleman, he locked that all up. Are we opening it was talking about, which is the Green ought to read the bill because there is up today? Is my colleague right that Resources for Energy Efficient Neigh- a State opt-in for oil shale leasing, in- this is a compromise? Absolutely not. borhoods (Green Act), which is a bipar- cluding in his own State. We are not opening up one single tisan section of this bill designed to I yield 2 minutes to the gentleman square inch of drilling. Let me make it make housing, commercial and indus- from Pennsylvania (Mr. ALTMIRE) who clear. The Sierra Club said ‘‘we are trial properties more energy efficient. has been a real stalwart in helping us working very hard on this bill to en- Now, how anybody on your side of develop this comprehensive energy bill. sure that its focus is not expanded off- the aisle could complain about energy Mr. ALTMIRE. My friends on the shore drilling.’’ Mr. MURTHA, a close efficiency is way beyond me because a other side of the aisle, those who stood friend of Speaker PELOSI, said, he ad- barrel of oil saved is a barrel of oil in this darkened House Chamber for mitted that, this is a political month. earned, a Btu saved is a Btu earned, weeks asking Congress to return to Last Wednesday, he said that there are and how anybody could complain about vote on a drilling bill, will bemoan the all kinds of things we are going to try that section of the bill, which Mrs. fact that this bill is not identical to to do that will go away after we leave. BIGGERT didn’t, is beyond belief. She is their bill, but no one in this House, Re- They don’t plan to produce oil under a cosponsor of the Green Act out of Fi- publican or Democrat, got everything this bill. It’s just talk. The legislative nancial Services. But it creates a green in this bill that they wanted. Every director of the radical Natural Re- mortgage market, it upgrades 50,000 one of us could find something we sources Defense Council acknowledged units of HUD to energy efficient stand- would like to take out, something that the same thing about the Democrats’ ards. We’ve seen and heard in our com- was left out that we would like to put ploy: ‘‘This is about politics, not nec- mittee that HUD’s utility costs have in, or language that we would like to essarily about policy.’’ Democrats gone from $3.5 billion 4 years ago to change. But that is how the legislative know that not a drop of oil will be pro- $4.6 billion this year. We need to come process works. The finished product is duced because lawyers will file law- up with different ways to power our a result of give-and-take compromise suits stopping every single one. Let me country and be more efficient in how put together in a way that can pass by make the point: The administration we do that. So there are all sorts of en- majority vote. That is what we’re here last year issued 487 leases in the ergy efficient measures that are a bi- for, right? To pass an energy bill. Chukchi Sea. Environmental groups partisan portion of this bill. But the truth is, Mr. Speaker, those sued to stop and have stopped all 487. But my friends on the Republican on the other side have been a part of The administration has a total of 748 side of the aisle want to come up with this process. For months, we’ve heard leases in the Chukchi Sea and Beaufort the same old complaints, the same old their cries of ‘‘drill here, drill now.’’ Sea. How many lawsuits have been arguments, the same old answers and For months they have talked of noth- filed and how many leases have been the same old results. And it’s all about ing else. So here we are today taking challenged in lawsuits? All 748. Various oil. The problem is if we’re addicted to up a bill that triples the territory that oil companies in February of 2007 filed one commodity, one fuel that is con- is available for offshore drilling. And exploration plans for 12 separate leases trolled by eight countries and five oil during the 6 years the Republicans held in the Beaufort Sea. How many of the companies, we’re going to have these control of both Congress and the White 12 have been challenged? Every single problems all the time. House, they had the chance to write one. The BLM in New Mexico offered And I would like to say that our the bill exactly as they wanted. And for sale 78 leases in New Mexico, Kan- friends had the opportunity several during those 6 years, they did nothing sas, Oklahoma and Texas. How many years ago to come up with their energy to reduce our dependence on foreign oil have been sued? Every single one. bill. And the Majority Leader at that and nothing to advance their ‘‘drill, The SPEAKER pro tempore. The time, JOHN BOEHNER, said the GOP en- baby, drill’’ war chant. For 6 years the time of the gentleman from Arizona ergy bill would bring down prices. He American people watched and waited has expired. said, ‘‘So what is being done to bring for the Republicans to act but got Mr. SALI. I yield the gentleman 30 gas prices down? The Energy Policy nothing in return. additional seconds. Act of 2005 is a balanced bipartisan bill So now it’s our turn, and today we Mr. SHADEGG. The truth is this that will ultimately lower energy will pass a bill to expand offshore drill- problem could be easily solved. If my prices for consumers and spur our econ- ing. So to my Republican colleagues, I Democrat colleagues were genuine omy.’’ (8/19/05). say their voices have been heard. Their about wanting to create American jobs, It couldn’t be farther from the truth. views have been included. And they about putting Americans to work and Gas prices have just gone up, so we’ve should take ‘‘yes’’ for an answer. about getting off our dependence on got to have a comprehensive approach. Mr. SALI. I yield 2 minutes to the foreign oil, then put reasonable lan- It can’t just be about oil, although this gentleman from Arizona (Mr. SHAD- guage in the bill that limits lawsuits. bill does expand domestic production EGG). We can allow lawsuits. But they don’t by a lot. Mr. SHADEGG. I thank the gen- have to be dilatory. They don’t have to The SPEAKER pro tempore. The tleman. My colleague on the other side be such that no oil will ever be pro- time of the gentleman from Colorado just said nobody got everything they duced. has expired. wanted out of this bill. The reality is Sadly, the Speaker called our efforts Mr. RAHALL. I yield the gentleman nobody gets anything out of this bill. to produce a hoax. If you don’t fill the an additional 30 seconds. Nobody gets anything of out of this bill litigation loophole in this bill, this bill except the environmental groups who is a hoax. And it’s not nice to fool the b 1815 will sue to block all oil production. The American people, to tell them you’re Mr. PERLMUTTER. We have all reality is we are legislating to solve a doing something when you know you’re sorts of opportunities for additional crisis that we created. It was the Con- not doing anything. drilling, offshore and onshore. And my

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00093 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.003 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 19277 friend from Colorado couldn’t have Because of this omission in the bill, sumer Protection Act. This bill is a been further from the truth when he even my senior Senator, who is a Dem- real comprehensive energy solution, said there was nothing in there about ocrat, sees the foolishness of this bill’s one that will bring down gas prices in oil shale. Oil shale is part of the opt-in approach. She is quoted in the New Or- the short-term and, most importantly, process here. leans paper as saying in reference to end our national addiction to oil in the This is a comprehensive bill that in- this bill that is on the floor right now, long-term. cludes coal, includes renewables, in- ‘‘It most certainly won’t see the light This is the energy plan that Ameri- cludes energy efficiency, includes do- of day in the Senate.’’ That is because cans have been waiting for since the oil mestic production. This is the kind of of the omission of the revenue sharing embargo of 1973. The sooner we take oil thing that we need to break ourselves in this bill. What she means is it won’t out of the equation, the better it will from the dependence upon oil from for- see the light of day in the Senate be- be for our economy and our national eign countries. But with two oil men in cause they know on a bipartisan basis security. the White House, what would you ex- in the Senate that this bill won’t This legislation has the potential to pect about gas prices? Gas prices are produce any more offshore drilling be- dramatically reduce gas prices and set going straight up, and that is just what cause States won’t opt in if there is no our country on a path to energy inde- the Grand Old Party wants. revenue sharing for this bill. pendence with real investment in clean Mr. SALI. Mr. Speaker, I yield 3 min- So, Mr. Speaker, I urge this House to technologies and provide tax breaks for utes to the gentleman from Louisiana do an all-of-the-above bill on energy, individuals and businesses which make (Mr. MCCRERY), the ranking member and not a none-of-the-above bill, like smart energy choices. on the Ways and Means Committee. this bill represents. In this package we treat oil as a Mr. MCCRERY. Mr. Speaker, I just Mr. RAHALL. Mr. Speaker, I yield transition to the innovative tech- want to say in response to the last myself 1 minute. nologies of the future, but it is only a speaker for the majority that the en- The gentleman from Louisiana has transition. Congress has finally learned ergy bill that he derided that we passed just described the revenue program as through the American people that we on a bipartisan basis in 2005 is basically ‘‘typical’’ and that we are doing away cannot continue to feed our oil addiction and remain competitive in a glob- included in this bill. You take the same with the ‘‘typical revenue sharing.’’ I al economy. tax provisions, for example, that we would remind my colleagues, that is This package opens up new parts of had in that bill and you just renew not an accurate statement. the Outer Continental Shelf for drill- them. So the bill that we did in 2005 The OCS Lands Lease Act passed in ing, 85 percent of it, and it also in- wasn’t bad, evidently, because you 1954 had zero revenue sharing in it. cludes the drill-it-or-lose-it provision have embraced it. It is just that it Zero revenue sharing. It was only in that I have supported. This basically wasn’t enough. 2006 when this Congress passed revenue says that Congress is telling the oil Now, finally, I think the country and sharing to allow four States to share in companies that they must drill on the people around the country understand that money, due to hurricane relief, land or offshore areas that they al- the importance of not only preparing those four States being Texas, Lou- ready control, or step aside and let for the future, which admittedly we isiana, Mississippi and Alabama. Rev- someone else drill on that area. have to do, but in 2005 when we said ul- enue sharing was a one-shot deal. I have always believed that most timately that bill will lead to lower So for the gentleman from Louisiana Americans believe that that ingenuity prices, we think it will, once we get al- to describe it as typical, and many on that put a man on the Moon can and ternative fuels on the market. But we that side have attacked this bill be- will solve our energy crisis, and this have to develop those. We provided in- cause there is no revenue sharing, a package provides the necessary incen- centives in that bill, as you do in this bribe to the States, if you will, to opt tives for our scientists, researchers and bill, to generate activity in those alter- in, is just not an accurate description entrepreneurs to perfect the next gen- native fuel sectors. But what we also of this legislation. Revenue sharing has eration of clean, affordable energy need and what the country has come to never been typical of leasing and the sources. America is well ahead of the embrace now I think is more domestic Outer Continental Shelf. Bush administration on energy policy, oil and gas production to bridge us to Mr. MCCRERY. Will the gentleman and is more than ready to embrace this that future. yield? comprehensive energy plan. We are not there yet. This bill, unfor- Mr. RAHALL. I will yield. Mr. SALI. Mr. Speaker, I yield 2 min- tunately, doesn’t provide that bridge. Mr. MCCRERY. Thank you. You are utes to the gentleman from Tennessee It is advertised as such, but I would right with respect to offshore drilling, (Mr. DUNCAN). submit that it is false advertising. and I think that has been an unfortu- Mr. DUNCAN. Mr. Speaker, Carl This legislation, produced unfortunate omission throughout the years, Pope, the executive director of the Si- nately in secret by the majority and and we have corrected that recently. erra Club, was quoted as saying, ‘‘We released just late last night, is a sham. Mr. RAHALL. Reclaiming my time, are better off without cheap gas.’’ Well, It permanently locks up large portions it was a one-shot correction due to hur- maybe the wealthy members of the Si- of the Outer Continental Shelf, putting ricane relief, Katrina. erra Club aren’t hurt by $4 gasoline and it off-limits to oil and gas producers, Mr. MCCRERY. That was the bridge gasoline that will go much higher if we meaning that any claims that this bill that got us there. But certainly with don’t increase production, but many will help promote energy security, cer- respect to onshore production on Fed- middle and lower income Americans tainly in the short-term, and by that I eral lands, there typically has been are hurt by this, and we can’t let radi- mean for the next 20 or 30 years, is just revenue sharing, is that correct? cals just put all types of energy pro- not the case. Mr. RAHALL. Onshore, yes. We are duction off-limits in this Nation if we Moreover, in what surely must go talking about the Outer Continental are going to remain viable economi- down as one of the biggest bait-and- Shelf here. You said OCS. cally and not shut this country down switches in legislative history, the ma- Mr. MCCRERY. For the same rea- from an economic standpoint. jority claims to open up some areas far sons, we should have revenue sharing This bill has been described by sev- offshore for production, but only if the for offshore. eral people as a hoax bill. The hoax bill States agree, only if the States opt in, Mr. RAHALL. Mr. Speaker, I yield 2 that we are considering now claims to and then it is only a few States. And to minutes to the distinguished gen- lift the congressional moratorium on try to sour that deal, this bill removes tleman from Florida (Mr. KLEIN). offshore drilling. In reality, it would the typical revenue sharing that would Mr. KLEIN of Florida. I thank the keep 85 to 88 percent of offshore oil pro- go to that State, in effect eliminating chairman. duction off-limits and really allow drill a major financial reason for States to I rise to support the Comprehensive only where there is very little oil and allow drilling off their shores. American Energy Security and Con- oil that is very expensive to get.

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00094 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.003 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19278 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 September 16, 2008 The hoax bill that claims to be a con- I think the American people know I have enormous respect for the gen- sumer protection act would raise taxes what a cozy relationship there has been tleman from Maryland. This is a seri- on oil companies by $17.7 billion. Well, between the Bush White House and Big ous issue. The American people are who do you think pays these taxes? Oil. I think last week we learned just hurting. Gasoline prices in eastern In- The consumer does, that is who. So the how cozy that was between the Bush diana in 6 hours on Saturday went from hoax bill protects consumers by pass- Department of the Interior and the oil $3.79 a gallon to $4.29 a gallon. They ex- ing on billions of new taxes to them. industry. pect this Congress to come together. The hoax bill allows States to opt in This bill does two main things. First Where I respectfully disagree with my by allowing oil drilling, but does not of all, it greatly expands opportunities colleague from Maryland is this is a se- allow States to share in the revenue. for responsible offshore drilling in our rious issue, but this is not a serious That is giving States no incentive to country, and uses the royalties and proposal. allow for this drilling. proceeds from those drilling operations b 1830 The hoax bill does not even open up to invest in renewable energy and en- the 19.8 million acre Arctic National ergy efficiency. A serious proposal is considered in Wildlife Refuge where billions of bar- But let’s not try and fool the Amer- committees. A serious proposal is the rels of oil could be produced. This is an ican people. The Department of Energy subject of hearings. A serious proposal area, Mr. Speaker, 36 times the size of has made it clear that even if you is the subject of more than a half a day the Great Smoky Mountains National drilled on every square inch of this of debate on this floor. A serious pro- Park, where over 9 million people visit country today, you wouldn’t see a drop posal gives consideration to all the each year. Only a few hundred visit in price of gas at the pump for a very Members of this Congress through the ANWR, and where they want to drill is long time and the price impact would amendment process. a frozen tundra, millions of acres with- be minimal. Why? The United States The truth of the matter is this Con- out a tree or bush on it. I have been has 3 percent of the world’s oil reserves gress is coming to this point, because there twice. They want to drill on only and guzzles 25 percent of the world’s after 20 months of the Democrat major- 2,000 or 3,000 acres out of these 19.8 mil- oil. ity refusing to bring a vote to the floor lion acres. You cannot drill your way to energy to allow more domestic drilling, House We passed this 12 years ago, but independence, which is why we have Republicans took this floor in the President Clinton vetoed it, thus stop- the second part of this bill, which is a month of August, and we held it. We ping a million barrels a day for the huge increase in renewable energy and demanded an energy bill, a comprehen- U.S. every day since then. We were told energy efficiency, why we establish a sive bill that said ‘‘yes’’ to fuel effi- then and several times since then that national 15 percent renewable energy ciency, ‘‘yes’’ to conservation, ‘‘yes’’ to allowing more drilling wouldn’t help standard by 2020. That is why we redi- solar, wind, and nuclear, and, ‘‘yes’’ to immediately. But we said it would in a rect the subsidies away from the oil more domestic drilling. few years. and gas industry, who are making The Democratic majority, the drill- If the Republicans in Congress had record profits, and invest that money nothing Congress, cried ‘‘uncle,’’ and it their way, we never would have seen $4 instead in renewable energy and energy brings us to this day. But I would sug- a gallon gas. Now Republicans have efficiency. gest to my countrymen, as you hear bills that are not hoax bills and that It is too bad that in listening to the again and again, that Republicans are would do something for the middle and debate today, that our Republican col- refusing to take yes for an answer. lower income people of this country. leagues will not cease this opportunity Read the fine print. Mr. Speaker, finally, if we are ever to move forward together on what is a Reality is that this is no longer a going to lower the cost of gas and other comprehensive plan. It is too bad that drill-nothing Congress; it’s a drill al- forms of energy, we need to restore they refuse to break that connection most-nothing Congress. They say government of, by and for the people, with the oil and gas industry as a re- ‘‘yes’’ to drilling in this bill, but not in and not government of, by and for sult of the provisions in this bill that Alaska, not in the eastern coast and wealthy environmentalists. say let’s redirect those subsidies. not within 50 miles. They say ‘‘yes’’ to ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE This is a serious challenge that our drilling, but States can decide whether The SPEAKER pro tempore. The country is facing. This is a serious pro- we do it or not, and they won’t get a Chair would again remind Members not posal that is put forth to bridge the dif- single penny from revenues for allow- to traverse the well while another ferences and try to move forward to- ing drilling off their shores. I guess we Member is under recognition. gether on an important piece of legisla- are just going to rely on the goodness Mr. RAHALL. Mr. Speaker, I yield 3 tion for the American people. It is un- of our States’ hearts to open up their minutes to the distinguished gen- fortunate, just listening to the debate, shorelines to more drilling. tleman from Maryland (Mr. VAN that some of our colleagues want so They say ‘‘yes’’ to drilling, but liti- HOLLEN). badly to have a political issue to take gation rules will allow environmental Mr. VAN HOLLEN. I thank the chair- to this election that they refuse to lawyers to tie up the leases from the man for his leadership. come together as one in this body to very day they are filed. I say to my Today we have arrived at a moment actually get something real done. House Democrat colleagues, from my of truth on energy policy in this body. Mr. Speaker, the American people de- heart, don’t do this. For weeks, our Republican colleagues serve better than that. They deserve a Daniel Webster said it a century ago, have claimed they want a comprehen- piece of legislation that will move us and it’s chiseled on the wall. Let us de- sive piece of legislation, an all-of-the- forward on this very important issue. velop the resources of our land and call above piece of legislation when it They deserve for this House to support forth its power, and let us do some- comes to energy policy. Now we have this bill. thing worthy to be remembered. just such an initiative before us on the Mr. SALI. Mr. Speaker, may I inquire We can do better than this. We can floor of this House, and they won’t as to the time remaining for each side. pass a bipartisan comprehensive energy take ‘‘yes’’ for an answer. The SPEAKER pro tempore. The gen- bill, and I urge my colleagues to do It turns out that they want all of the tleman has 56 minutes remaining, and that. above with a big asterisk next to it. It the gentleman from West Virginia has Mr. RAHALL. Mr. Speaker, God for- turns out it is all of the above, except 48 minutes remaining. bid, that this bill be known as a drill let’s not take away some of the tax- Mr. SALI. I yield 2 minutes to the here, drill now, drill everywhere, drill payer giveaways and subsidies to the gentleman from Indiana (Mr. PENCE). irresponsibly piece of legislation. big oil and gas companies and use those Mr. PENCE. Mr. Speaker, I rise to I yield 1 minute to the distinguished moneys instead for renewable energy oppose the Democrat energy bill, the majority leader, a gentleman who has and energy efficiency. Comprehensive American Energy Act. done yeoman’s work in bringing this

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00095 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.003 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 19279 together as a caucus on this legisla- But these crocodile tears are unwar- your watch, the moratoria, of which tion, and I salute his knowledge and ranted by your record, and by the sub- you now wring your hands. expertise in developing this legislation, missions of the budgets, by your Presi- All of us are concerned. All through Mr. HOYER. dent, for 8 years running. Now, a couple the summer and into the fall Ameri- Mr. HOYER. I thank the gentleman of months ago, the moratoria which cans have been filling up their cars at for yielding. was put on by George Bush, his father, record prices in my district and every This is a serious issue, and there are was lifted. Why? Because our constitu- district, $60, $80, $100 a tank and look- a lot of related issues. ents are hurting. Why? Because we are ing for Washington to help, to see what The gentleman who spoke before me, being held up by those who are selling we could do about it. We are trying to and I have a great deal of respect and oil. Why? Because the market is being do something about it. affection for him, we treat one another manipulated and speculators are im- Now, you passed an energy bill in with respect. We put a price-gouging pacting on price. 2005. Your Speaker, Mr. Hastert, your bill on the floor because we were con- You think that’s not the case, or do majority leader or now minority lead- cerned about the spikes in pricing. In- you think all of a sudden demand went er, Mr. BOEHNER, and my good friend, deed, we saw, as Ike was coming and down by a third, so it went from $146 your whip, said to us, and I won’t quote bearing down on Texas, before it ever down to $92 today, within just a few them all at length but I will quote your got to the shoreline, there were $5 per months. Who believes the free market Speaker, Americans need this bill— gallon prices, before it ever got to the operates in a way that demand spikes your energy bill passed in 2005—to shoreline, before it ever destroyed any- for oil that much in a 90-day period? lower their energy prices, to drive eco- thing. Nobody on this floor who is rational nomic growth and job creation, and to My friend voted against the price- believes that. promote greater energy independence. gouging bill. Something is rotten in my home of That’s what you said your bill was These are serious pieces of legislation. The Republicans were in charge of Denmark. And, actually, it’s not rotten going to do. You also said, of course, in 2001, that the House for 6 years. In 2001, 2002, 2003, in Denmark; it’s rotten someplace, we were going to have the greatest 2004, 2005, and 2006, they controlled the though. Mr. ABERCROMBIE is going to economy we would ever have seen if we White House. speak on behalf of this bill, as he met I have in my hand the eight pages with Mr. PETERSON and tried to come passed your economic improvement that the administration, Mr. Bush, has together. program. I doubt that any American submitted to us, President Bush sub- Originally this bill, the gang of 20 in believes that you accomplished that mitted to us, over the last 8 years. Six the Senate, which apparently you don’t objective. You passed your bill, the of those years they were included in like, because they are undermining the President signed it. Just a short num- the appropriations bills passed by the drill, drill, drill political advantage ber of months later prices went from Republican Congress and Republican that you have sought, the 20 said let’s $1.46, when you took over, to over $4.20. Senate and signed by a Republican deal with four States. We are saying If it was a successful energy program, President. let’s deal with every State. We do say it was a successful energy program in In each of those bills, the administra- with sensitivity, as the previous speak- driving up the price of gasoline for all tion asked to continue the moratoria er said about his State, States are of our consumers. To see what we could on drilling, every one of them, passed going to have the opportunity to make do about this we met, we talked to Mr. for 6 years by your Congress. We didn’t a determination as to whether they ABERCROMBIE, we talked to Mr. PETER- have the votes to pass anything. want to proceed. SON to try to bring our caucus to- Then we took over the control, be- Now, you could argue that that gether. It was a diverse caucus. A lot of cause the Congress was fed up, frankly, shouldn’t be the case, because, after people felt President Bush was right, with a complacent, do-nothing Con- all, that’s Federal. It’s not State prop- those 8 years that he submitted those gress, complicit in moving in the erty, you get that far out. bills and that you passed 6 years you wrong direction, which 82 percent of We have done a lot of work. We have were in charge. America thinks we are now on, the done a lot of work in trying to work To relieve the strain on their budgets wrong direction. across this spectrum. I want to con- and their families, not 10 years from This Congress has mightily tried to gratulate Mr. RAHALL and Mr. GREEN now but now, today, I am sure you are change direction, and, in fact, we have and others who have worked so hard to wondering whether we will throw up in many areas, including a comprehen- try to bring us together. our hands on the work of compromise sive energy bill last year that the I will tell my friend, we do deal with and retreat into finger pointing. I President signed. Sam Bodman said it oil shale in this bill. In your bill, you think we can do better than that on was a great bill, the Secretary of En- repeal a section which had caused a both sides. ergy. It passed in a bipartisan fashion problem. We repealed that as well, so Both of us want to make sure that we in both the Senate and the House. your bill and our bill did the same bring prices down, and both sides of the President Bush, in last year, fiscal thing on that. Furthermore, we said aisle want to see energy independence. year 2008, submitted a budget docu- three States that have substantial oil We can pass this bill, the Comprehen- ment, he submitted it, which said, the shale ought to have the same oppor- sive American Energy Security and moratoria should continue. This year, tunity that the coastal States have to Consumer Protection Act. You say it’s the President submitted a bill, for the opt in to develop that. not perfect. Many Members on our side 2009 fiscal year, which said the mora- Whether the technology is available say it is not perfect, but it is a very toria should continue. now, I don’t know. In part, I believe significant step and a very significant So these crocodile tears about how the arguments used on this floor, expansion of where oil could be found. Democrats have taken over and all of a which I will say as an aside, I think I would reiterate, there are 68 million sudden gas prices have spiked, you give was a misuse of this floor. But notwith- acres right now, right now, as I stand us far more credit than we deserve in standing that, arguments that were here, that could be drilled upon right light of not being able to override the made day after day after day were not now without any further legislation, President’s veto on almost anything accurate, and you knew they were not regulation or administrative action. that he didn’t want. He signed some accurate, which is why it made it so This legislation, this bold step to- things that he didn’t want like the difficult to respond to. wards a comprehensive energy policy, minimum wage. He signed some things None of you ever mentioned the fact is worthy of the 21st century. Lower he said he wasn’t going to sign, like that the President of the United gas prices today, American oil and nat- the GI Bill. He signed some things that States, George Bush, submitted, ural gas for the years to come, that’s we passed through the House and Sen- months ago and 7 years prior to that, what this bill promises and will pro- ate. and you passed 6 years in a row, on vide, and serious investment in a new

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00096 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.003 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19280 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 September 16, 2008 generation of energy technologies for a It is part of the solution. We all un- would say our family is critical, but cleaner, more secure energy future. It’s derstand, you say, all of the above. We certainly country is our consideration. all here, and we are all going on record say, yes, let’s invest in alternative re- Democrats and Republicans, we are this evening. search, for cutting-edge energy re- all being watched today and they can Here is what the energy package is search, support for mass transit and re- see partisan differences, partisan di- going to accomplish. First, we are newable energy. vide, and sending a partisan bill to the Senate. We can perhaps do that, and going to drill for more oil and gas here b 1845 at home. That’s what Americans have maybe we will. Our public will not be said. Use our resources. Don’t rely on We need all of those steps if we are pleased. This bill is not perfect. It is the Middle East. Don’t rely on Ven- going to be energy independent. not everything you wanted; it is not ezuela. Don’t rely on Russia. Certainly, Some day soon I think we will look everything I wanted. But it is a sub- don’t rely on Iran. Drill here. back on these investments as the be- stantial expansion on drilling, a sub- We have both said all along, we put a ginning of the end of our oil addiction. stantial investment on renewables, a bill on the floor, drill responsibly in We are going to fund them by recov- substantial investment on conserva- presently leased land, that Mr. RAHALL ering the royalties the oil companies tion. We ought to pass this bill. led. Most of you, many of you voted owe the American people. Who here be- Mr. BOUSTANY. Will the gentleman against it. For many of my colleagues, lieves you need to incentivize a com- yield? I know that drilling is the most con- pany to produce a product that is get- Mr. HOYER. I would yield briefly to tentious part of this compromise, but ting the highest price it has ever got- the gentleman. we have worked hard to find common ten in history. I don’t find that premise Mr. BOUSTANY. I would like to ask if you considered repealing section 199, ground. in my free market concept. The free Drilling will come with strong, new market operates that if people are buy- which is basically singling out the oil environmental protections. Americans ing your product and they are paying and gas industry for a tax which all of want that. They want resources, but you a very good price, by golly, you try our manufacturers don’t have to pay— Mr. HOYER. Reclaiming my time, they want them safely gotten. It will to provide more product for them. that provision, of course, was added take place well offshore, as opposed to Refineries were operating at less than 90 percent, or about 91 percent under your leadership to manufac- the 3-mile zone that will go up for turing. It wasn’t in manufacturing, as grabs in 15 days if we vote this bill this summer, the lowest point they have been at refining capacity in a you probably know, when it was origi- down and do nothing. nally adopted because it was not per- I don’t know how many of you are for number of years, not because they didn’t have supply. They have got sup- ceived that the oil companies were in that. Maybe all of you are for it on manufacturing as the bill con- that side. I don’t think our citizens are ply. There are no shortages, there are no lines. They are just charging a high templated to be. for it. In the areas closer to shore, we Then you thought the oil companies price. are letting the States themselves make weren’t doing well enough, and so you We are going to fund that research, the final call. To my colleagues on the wanted to add that provision and you as I said, by asking the oil companies Republican side who argue that States added it under Republican leadership. to pay their fair share. They are mak- won’t opt in without revenue sharing, I Very frankly, we thought that was not reply this, if the ground swell for drilling good money and our citizens a wise move at that time, and we don’t ing is as strong as you have said it is, shouldn’t have to pay more to run their think it is a wise move now. And very and I believe it is, surely our State government because some oil compa- frankly, I don’t think the American leaders will listen. nies are not paying their fair share. It public thinks that the oil companies Do not ascribe to us the only ones simply doesn’t make economic sense to will go out of business if we don’t give who will respond to the public’s desire do billions of dollars of tax cuts to oil them this tax incentive. to find more resources. Certainly our companies while our citizens are pay- Mr. BOUSTANY. If the majority State leaders will respond as well. ing high taxes. leader would yield. They will feel comfort that their State All of that is our energy solution. We Mr. HOYER. I will yield one more has made that determination. have not left a stone unturned or a time, and then I will conclude. That’s not to mention the job cre- remedy untried. To my Democratic Mr. BOUSTANY. This provision hurts ation that will occur in States, what a colleagues, I don’t think a single one of the larger companies which are nec- motivation that is. We are also includ- us is happy with every single provision essary with the technology to drill in ing diligent development provisions, in this bill. I know I am not. There deep water. The smaller companies which, by the way, you included in would have been some additional participate in that. So if we hurt our your 2005 bill. We thought it was a good things I would have liked in this bill. deep water abilities in the United provision. We called it ‘‘use it or lose But I also know that is the price of a States off our Outer Continental Shelf, it.’’ You voted against it because it good compromise, and making good we are making ourselves less competi- wasn’t your bill. You voted for it when compromises is our business. To my tive and we are hurting job prospects. it was development in your bill. When Republican colleagues, you have told I have seen so many folks from Lou- we put it on the floor, you voted us loud and long, and I want to con- isiana who are serving all over the against it. gratulate Mr. PETERSON for the work world, working in the oil industry who Second, we are going to take imme- he has done in bringing this issue to have left the United States, left Lou- diate action to lower the price of oil by the fore and talking about it, not just isiana because they have to work over releasing 10 percent of the oil in the this year because I have known him for there. We could keep these jobs here. Strategic Petroleum Reserve. We pro- a long time. We served on the Appro- Mr. HOYER. Reclaiming my time, posed that; the President said ‘‘no.’’ We priations Committee, and he has been they go no place in the world, my said don’t buy any more. The President consistent and constant in his focus on friend, where they pay less than they said ‘‘no.’’ Both of those policies are this issue. do in the United States to those na- now being pursued by the administra- Your Presidential candidate is run- tionalized countries that allow them to tion. ning for office under the motto ‘‘Coun- drill. No place in the world do they pay Tax incentives for plug-in hybrid try First.’’ We would all run on that less. If they went to Venezuela, they cars, solar and wind power, biofuels platform. pay 93 percent. If they went to Norway, and energy efficient homes. Why? Be- I am for Mr. OBAMA, as all of you they pay 78 percent. Nowhere in the cause we can’t drill ourselves out of know. He wants to see change and a world, my friend, do they pay less than this. We need to drill, we want to drill, new direction. But certainly all of us they pay here, and the difference is we are providing for drilling, but that’s agree that our country comes first, made up by your taxpayers and my not the solution. perhaps not before God, perhaps we taxpayers.

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00097 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.003 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 19281

Ladies and gentlemen, this is a good doesn’t really address the alternative Texas (Ms. JACKSON-LEE); and while bill. It is not a perfect bill. But it is a energy in a meaningful way because of she is taking the mike, I remind her good-faith effort to move this issue for- that. The bridge has to be made with that our thoughts and prayers are cer- ward, to make us independent, to bring crude oil and natural gas. The problem tainly with all of her constituents and prices down, to invest in the future is this bill permanently locks up al- all those who have suffered from the which renewables are clearly the har- most 90 percent of those offshore re- recent Hurricane Ike. binger of, and to make sure that we sources so it doesn’t really address Ms. JACKSON-LEE of Texas. Mr. take the action our public wants. even our most limited need for crude Speaker, I thank the chairman of the I thank Mr. RAHALL for his leader- oil. committee for his leadership and kind ship, and I urge every Member of this Mr. Speaker, we need crude oil for words to the people of the gulf coast. body on both sides, vote for this piece more than just gas and oil. No plastics Let me thank all of my colleagues who of legislation. Move us toward energy will ever be made from a windmill. No have offered to us their concern and independence, not just today but to- industrial chemicals will ever come certainly their support. I just landed, morrow and tomorrow. from solar panels. No ink for printing. and I came from the view of a dev- Mr. SALI. Mr. Speaker, I yield my- No asphalt that we need to make pave- astated community, an area in Gal- self such time as I may consume. ment to drive those electric cars and veston represented by my colleagues Mr. Speaker, there has been a lot of hybrid cars on. Well, Mr. Speaker, it that has experienced the greatest dev- discussion here and I think the main just doesn’t deal with those energies. astation that they have seen in dec- issue we are dealing with is how do we What does it deal with? Well, it in- ades. Three million people are without end our addiction to foreign oil. Can we creases taxes to the tune of about $18 power, many of them desperate because drill our way out of this problem; can billion. I wonder how many people in of their financial conditions. As every- alternatives be used to replace crude America believe that if we increase one knows, particularly my friends oil. I think those are the two primary taxes on oil companies, that somehow from Louisiana, sometimes getting positions that are being bantered about that will cause them to reduce the power back together takes a long time. on this floor. price they charge for gas and oil. That That is why this bill was important As the American public is watching is an absurd, absurd suggestion. In fact, enough for me to come back, because it this debate, I am sure they must be what is going to happen is those taxes is a balance. As I left Houston, there quite baffled because both sides claim will go right down the pipeline, were people crying out for diesel fuel, only they are correct. I think the an- through the gas tank right into your hospitals needing 700 gallons of fuel, swer, can we drill our way out of this gasoline tank where you will be paying and price gouging that law enforce- problem, can alternatives be used to re- higher prices for the gas and diesel ment officers had to stop. People lined place crude oil, the answer to both of that you need. up at gas stations wherever they could those questions is probably ‘‘kind of.’’ find fuel, and those who could not find Mr. Speaker, a couple of weeks ago I It was suggested earlier that we use so much energy in this country. You it were begging for fuel. So we know we was at the Idaho National Laboratory. have to do something about this calam- It is one of the premier nuclear and al- have all heard T. Boone Pickens on television say, gosh, we burn so much of ity of energy and need. ternative energy research facilities in I come from what has been called the this crude oil. I am not ashamed that the U.S. Here is what the experts at the oil capital of the world. I practiced oil we use a lot of energy in this country. INL told me when I was there. They and gas law. And as someone said on It has made us the most prosperous Na- said wind energy is about a 2 percent the other side of the aisle, there is no tion on the face of the planet, and it energy solution. Solar is not much bet- fear over here. Democrats want to bal- has allowed us to help essentially every ter, and it is a lot more expensive. ance what is best for America, and we other country on the face of the planet They talked about hydrogen. Currently have done so. at one time or another. And America we generate hydrogen by burning nat- So there is a little bit of sacrifice has proven time and time again that ural gas. That actually loses energy. that we are doing, but it is important with our prosperity, we will also be Today there is no good source for the to note that this bill brings relief to generous to other countries at the time carbon dioxide, carbon monoxide that those suffering in the gulf and who when they need it. Without that pros- they say is needed to develop other need to find gasoline because in addi- perity, we would not be able to have forms of alternative energy, unless we tion to many other aspects, it opens up that generosity. Using energy makes are going to burn coal, and coal is not leasing of 319 million acres; 85 million us prosperous. included in this bill except that we are acres come from a State option. going to increase excise taxes on that Just over a year ago, the Business coal. Roundtable put out a report. Their b 1900 How will we get enough hydrogen, conclusion was that to meet our energy That’s a balance. But at the same carbon monoxide, and carbon dioxide needs for the future, we had better get time, this bill includes $18 billion in to make alternatives a reality? Well, our hands on every bit of energy we tax cuts to spur green jobs. And energy the folks at the INL said we will need can from every source possible. That is all kinds of energy sources. And so, to have next generation nuclear reac- includes all of the alternatives. It in- in addition to the oil, we have the op- tor facilities, not today’s light water cludes nuclear. It includes crude oil portunity to do more with green jobs. reactors that people are seeking to per- and natural gas in increasing quan- We also allow a taking-out from the mit today. Next generation reactors tities. This bill does not get us there Strategic Petroleum Reserve. If we operate at higher temperatures, and at with any of those things. could get this bill passed and signed, I those temperatures, chemistry and the I guess the question at this point is could help the people in the Gulf region reactions that take place, they take on what kind of future do we want for our because it would come to hospitals, it new characteristics and that will allow kids and our grandkids. would come to gasoline stations. It the generation of hydrogen, carbon di- Mr. Speaker, ladies and gentlemen of would come to people who are in need. oxide, and carbon monoxide in quan- this body, I am here to tell you that I This is a bill that ends the current tities that will make alternatives a re- want a future for my kids and moratorium that allows drilling 3 ality. grandkids where they will be pros- miles off, but it allows drilling through Here is the problem. According to the perous. And for them to be prosperous, a State option, 50 to 100 miles. Idaho National Laboratory, next gen- Mr. Speaker, we will need to get our Let me just say this, Mr. Speaker. I eration nuclear facilities are two to hands on every bit of energy we can have listened to a lot of Republicans. three decades away from becoming a from every source possible, and this And interestingly enough, in the 2005 reality. bill will not get that job done. bill, they even said they are trying to This bill does nothing to develop next Mr. RAHALL. Mr. Speaker, I yield 3 move toward energy independence. generation nuclear reactors, and it minutes to the gentlewoman from This is what we do.

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00098 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.003 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19282 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 September 16, 2008 And I want to thank the chairman qualified historically underutilized exploration rising price of retail gas has been mounting for and Congressmen GREEN and MILLER and production companies to participate in the 3 years, and even as fuel exacts a greater toll for allowing me to put language in this bidding process for offshore leases; and (4) on consumers’ budgets, its macroeconomic ef- bill, and I’m proud of this language. provides that the Secretary of Energy shall fects have reverberated through all sectors of The SPEAKER pro tempore. The award a grant on a competitive basis to a con- the economy. time of the gentlewoman has expired. sortium of institutions of higher learning for the The rise in fuel prices is having a delete- Mr. RAHALL. I yield the gentle- establishment of a National Energy Center of rious effect on other industries, including the woman an additional 30 seconds. Excellence to conduct research and education automobile industry. Sales of mid-size cars Ms. JACKSON-LEE of Texas. Beyond activities in geological and geothermal and trucks have declined. Automakers re- the fact of the expansion of the leases sciences, renewable energy and energy effi- ported an overall drop in sales of 6.3 percent offshore and opt-in, it allows minority ciency (including energy technology using in February of this year, led by light trucks— women and small businesses to have clean coal, solar, wind, oil, natural gas, hydro- which were down 10.6 percent—and sport util- the opportunity to do something electric, biofuels, ethanol, and other energy ality vehicles—down 7.7 percent. The average they’ve never done, bid for these off- ternatives), and energy conservation, including fuel economy of new vehicles has increased shore leases, and it creates an energy a special emphasis on environmentally safe by more than half a mile per gallon since consortium of our universities to work energy. This consortium shall include at least 2004. with wind and solar. two institutions of higher learning that are his- These rising gas prices are also spilling I would like revenue sharing. I’m torically Black colleges, Hispanic-serving insti- over into other sectors and they are having from the region. But we can’t have ev- tutions, and tribally-based universities and col- equally deleterious effects. In a recent survey erything. I hope to work on it, that we leges. of plumbing, heating, and cooling contractors, have these incentives that everybody is As a senior Member of the House, rep- more than 90 percent of respondents ex- asking for. But now we have a balance, resenting the 18th Congressional District, pected their business to be harmed because and the people in the Gulf region are which includes Houston, the energy capital of of the high fuel costs. Without change, such crying out for resources and energy. the world, I am pleased to support this bill. I as H.R. 6899, long-term, sustained gas price And this bill, if it’s gone to the Senate am glad to have authored language and have increases are going to severely affect persons and it gets to the desk of the Presi- it included in this bill. My language will go far living in the suburbs because of the high gas dent, will help us do so. in making sure that individuals, that heretofore prices and the long commutes. H.R. 6899 will This is a good bill. This is a bill that have been underserved, are provided a seat bring marked improvements in energy prices. should be signed. This is a bill we’re at the proverbial energy table. I urge my col- H.R. 6899—THE LEGISLATION ON THE FLOOR TODAY proud of. leagues to support this bill. H.R. 6899 will address the price at the And I want to thank my staff, Arthur Mr. Speaker, this bill could not come at a pump by expanding drilling in an environ- Sidney. better time for Americans. To put it mildly, mentally conscious manner. This bill is com- Mr. Speaker, I rise today in strong support Americans are in desperate need of relief. prehensive, and its implementation will expand of H.R. 6899, the Comprehensive American Just a few months ago in May 2008, gas domestic and renewable sources of energy to Energy Security and Consumer Protection Act. prices were at an all-time high. The price of bolster our national security. This is a real en- This legislation is a timely, necessary, and a regular-grade unleaded gasoline has risen well ergy bill that will expand production and sup- comprehensive approach to addressing our above $4 in some States. Increasingly, as the ply without sacrificing environmental concerns. energy crisis. economy spirals to a recession, Americans The goal of this bill is to make the production I am especially proud to support this bill be- must choose between food, energy, and gas. and exploration of energy sources more af- cause my staff, and I worked tirelessly to en- This crisis is of national and international im- fordable, more accessible, and more environ- sure that appropriate language was included portance. It is expected that the damage from mentally friendly. to benefit all Americans—especially, small, mi- Hurricane Ike which hit Houston and other H.R. 6899 will end subsidies to the oil com- nority, and women-owned businesses, institu- parts of Texas, last week, will also drive up panies, promote good jobs here in America, tions of higher learning, particularly minority domestic oil prices. and require Big Oil companies to pay what serving institutions. I also worked hard so that BACKGROUND ON OIL PRICES AND THE CASE FOR THE they owe America’s taxpayers. It puts America the American consumers would benefit from NECESSITY OF THIS LEGISLATION on the path toward energy independence and paying lower gas prices at the pump. I am The price of crude oil is the largest single a clean green energy future through greater proud that such a progressive and com- factor in the retail price of gasoline. Oil prices energy efficiency and conservation, and pro- prehensive piece of legislation is on the floor have not been regulated since the Reagan tects consumers with strong action to lower of the House today. I thank Speaker NANCY Administration; however, the market situation the price you pay at the pump. PELOSI, Democratic Majority Leader STENY since 2004 has yielded little excess capacity. This comprehensive and sweeping measure HOYER, and Representatives RAHALL, MILLER, The weakening value of the dollar, political un- takes strong action to lower the price at the and GREEN for their leadership in bringing to- certainty, and unrest in places such as Nige- pump. It does so by releasing a small portion day’s important energy legislation to the floor ria, Venezuela, India, and China, exacerbate of oil from the Government’s strategic reserve, that will address, in part, our current national the problem. Worse still, is the plight faced by and invests royalties from oil companies owed energy crisis. I would also like to thank Mr. Ar- the developing world. While the developed the American taxpayer in alternative energy thur D. Sidney, my Legislative Director, for his world is facing high oil prices, the developing technology. work on this bill. world is facing even higher prices with the H.R. 6899 commits America to a renewable I AM PLEASED TO HAVE MY LANGUAGE INCLUDED IN H.R. weakening value of the dollar. Food prices all energy future and jobs by extending and ex- 6899 over the world are rising, and instability is panding tax incentives for renewable elec- I am especially proud to stand in support of growing. tricity, solar and wind energy, and fuel from this progressive piece of legislation because I Mr. Speaker, oil prices reached a record America’s heartland, as well as for plug-in hy- was able to get my language included in this $147 per barrel and the American people are brid cars, while requiring 15 percent of Amer- bill. Specifically, I was able to get included lan- suffering. Many are faced with the decision to ican electricity to come from renewable en- guage in this bill that covers four critical pay for gas or to pay for more food to feed ergy. This is a real energy bill. issues: (1) the expansion of leases to offshore their hungry families. Consumers are in des- This bill includes a compromise to respon- lands along the Outer Continental Shelf; (2) perate need of relief in the prices of oil, gas, sibly open up the Outer Continental Shelf for that States might opt-in to allow leasing off its and food. drilling, with environmental protections, while costs by enacting legislation signed by the But even refiners cannot escape the impact demanding that Big Oil companies use the Governor or referendum; (3) allows the Sec- of the rising price of crude oil. Refining com- leases they have already been issued. It pro- retary of Interior to establish goals to ensure panies that have no upstream component, all motes efficiency and conservation that will equal opportunity to bid on offshore leases for reported steep year-over-year profit losses for save consumers billions, with tax incentives qualified small, women-owned, and minority- the first quarter of 2008. and loans for energy efficient homes, build- owned exploration and production companies The overall effects on the consumer have ings, and appliances, and updated efficiency and may implement outreach programs for been deep and widespread. Concern over the standards for buildings.

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00099 Fmt 0688 Sfmt 9920 E:\BR08\H16SE8.003 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 19283 I am pleased that this bill is one of the few Regarding Alaska, this bill incorporates a geological and geothermal sciences, renew- recent energy bills that have already garnered modified version of the ‘‘Use It’’ legislation that able energy and energy efficiency (including strong bipartisan support on the House floor. creates more stringent requirements that oil energy technology using clean coal, solar, Now, more than ever, in a time where the companies produce oil during the initial term wind, oil, natural gas, hydroelectric, biofuels, American people are experiencing serious of their lease. H.R. 6899 mandates annual ethanol, and other energy alternatives), and economic woes, with a rampant mortgage cri- lease sales in the National Petroleum Reserve energy conservation, including a special em- sis, the failings of major financial institutions, in Alaska to speed its development and oil phasis on environmentally safe energy. low wages and high prices, America needs and production. Importantly, the bill bans ex- This consortium shall include at least two in- legislation to make oil more accessible and port of Alaskan oil outside of the United stitutions of higher learning that are historically more affordable. Because oil is a finite com- States. It also calls upon the Bush Administra- black colleges, hispanic-serving institutions, modity, it is imperative that all Americans have tion to facilitate completion of the oil pipeline and tribally-based universities and colleges. access. This bill does just that: provides ac- infrastructure into the National Petroleum Re- This last piece is important because it ensures cess in a responsible and sensible manner. serve in Alaska, and to facilitate the construc- that minority-serving institutions benefit from Importantly, this bill lowers costs to con- tion of the Alaskan Natural Gas Pipeline, the largess and capital that is set aside for en- sumers and protects taxpayers. This is criti- which could create up to 100,000 jobs. ergy and renewable research. It further en- cally important given our growing dependence H.R. 6899 provides the greatest energy effi- sures that these universities will develop top upon sources of foreign oil and the ever in- ciency and conservation of any other bill intro- notch disciplines, programming, and edu- creasing world price of oil. To that end, this bill duced before the Congress. This bill strength- cational infrastructure that will be used for en- temporarily releases nearly 10 percent of the ens energy efficiency codes for buildings, pro- ergy development, renewables, and energy oil from the Government’s stockpile, known as vides incentives for energy efficient homes, conservation. Energy development, renew- the Strategic Petroleum Reserve, and replaces and reduces transit fees for commuter rail and ables, clean energy, and energy conservation it later with heavier, cheaper crude oil. This is buses and expands service through $1.7 bil- is the future, and it is here to stay. Minorities a real energy bill that provides real solutions lion grants to transit agencies for the next 2 and other historically underserved populations to America’s energy crisis. years. This is a real energy bill, and I urge its must be encouraged to enter and thrive in The bill provides royalty reform by making adoption. these growing disciplines. oil companies pay their fair share. Further, MY FOUR AMENDMENTS TO H.R. 6899 I urge my colleagues to support this bill. H.R. 6899 ensures that oil companies pay Mr. Speaker, I already briefly mentioned the Mr. PEARCE. Mr. Speaker, may I in- their fair share of royalties on flawed leases language that my staff and I were able to get quire of the time remaining for each granted in 1998 and 1999. Because of mis- included in the bill. I would now like to take side? takes made by the Interior Department, oil the opportunity to talk a little more at length The SPEAKER pro tempore. The gen- companies holding 70 percent of leases about this language and explain why it is im- tleman has 481⁄2 minutes remaining. issued for drilling in the Gulf of Mexico in 1998 perative that any comprehensive energy bill in- And the gentleman from West Virginia and 1999 became exempt from paying any clude this language. My language covers four has 44 minutes remaining. royalties, costing American taxpayers about areas. Mr. PEARCE. Mr. Speaker, I yield 2 $15 billion. This bill makes it more efficient for Critically, my language provides for the ex- minutes to the gentleman from Texas the Interior Department to collect royalty pay- pansion of leases to offshore lands along the (Mr. BURGESS). ments from oil and gas companies owed to Outer Continental Shelf. This is important be- Mr. BURGESS. It’s been a fas- the American taxpayer. Additionally, this bill cause it expands production and supply possi- cinating day, hasn’t it? adds a new requirement that it must be in the bilities. This should alleviate the deficit of en- You have the votes to pass this bill, fiduciary interest of the Federal Government ergy and should hopefully lead to lower en- so congratulations. You’ll pass it. But for oil companies to be permitted to make roy- ergy prices. the bill is a ghost. It’s going over to alty in kind, instead of cash, payments to the Second, my language addresses another the Senate. It’s dead on arrival. It will government. critical issue: the ability for states to opt-in. not do one thing for producing energy H.R. 6899 restores accountability and integ- Specifically, my language provides that states and American jobs for the American rity in oil leasing at the Mineral Management might opt-in to allow leasing off of its coasts people. Service. As you are aware, several recent by enacting legislation signed by the Governor Now, there is almost no mention in events have called the integrity of this fine in- or referendum. This is important because it this huge bill that we got at 9:45 last stitution in question. This bill attempts to right gives States more latitude in the use and dis- night, almost no mention about new some of those wrongs and address the mis- pensation of energy along its coasts. refineries. I think refineries were men- conduct that has occurred. Third, my language allows the Secretary of tioned one time. This bill provides for a renewable energy fu- Interior to establish goals to ensure equal op- Natural gas, I heard my friend from ture and creates American jobs. The bill in- portunity to bid on offshore leases for qualified Oklahoma say natural gas is included cludes $18 billion in tax cuts to spur green small, women-owned, and minority-owned ex- in this bill. It’s mentioned less than a jobs and American energy independence, in- ploration and production companies and im- half a dozen times. There is no title for cluding an 8-year extension of the investment plement outreach programs for qualified his- natural gas in this bill. tax credit for solar energy and fuel cells. torically underutilized exploration and produc- Nuclear energy, it’s not here. I can’t Mr. Speaker, H.R. 6899 includes a 3-year tion companies to participate in the bidding find it. extension on the production tax credit for en- process for offshore leases. My city of Hous- Now, the polls currently show that ergy derived from biomass, geothermal hydro- ton is the oil capital of the world, and as such, faith in Congress, our congressional power, landfill gas, and solid waste. H.R. 6899 it has small, women-owned, and minority- credibility is at an all-time low. provides for a 1-year extension of the produc- owned exploration and development compa- You won an election 2 years ago on tion tax credit for energy derived from wind nies that would greatly benefit by outreach the basis of the fact that you’re going and clean renewable energy bonds for electric and leases that the Department of Interior to get us out of Iraq. You didn’t do it. cooperatives and public power. It also pro- could provide to them. I purposefully struc- You’re going to bring down gas prices. vides for incentives for the production of tured the language so that the Department of That didn’t work. Most ethical Con- homegrown renewable fuels and tax credits Interior would not be fettered and would have gress ever. I’m afraid not. for the purchase of fuel-efficient, plug in hybrid wide latitude in ensuring that money and leas- And now the last thing was we are vehicles and it provides incentives for energy ing opportunities would be extended to under- not going to drop large bills in the mid- conservation for individual businesses and served communities. dle of the night into this House. We’re State and local governments. Fourth, my language provides that the Sec- going to do it the right way. Well, I’m The bill expands domestic energy supply by retary of Energy shall award a grant on a afraid that’s been lost as well. ending the current moratorium which only al- competitive basis to a consortium of institu- Now, why does it matter? lows drilling 3 miles offshore. The bill also in- tions of higher learning for the establishment Well, we have a subcommittee. We’ve creases domestic oil production across Amer- of a National Energy Center of Excellence to had multiple hearings on energy over ica and in Alaska. conduct research and education activities in the past 18, 20 months. Mr. BOUCHER is

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00100 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.003 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19284 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 September 16, 2008 to be commended for the amount of ‘‘drill, baby, drill.’’ I think during that Americans can have their say, finally, hearings that he’s had on this. But we transition from typewriters to soft- and under Republicans and JOHN didn’t get to mark this bill up in sub- ware, what they would have been say- MCCAIN, they will be able to choose $2 committee. Not one amendment came ing is ‘‘type, baby, type.’’ a gallon or less for gasoline, or they from a Republican at any time on this We know that we have to break our can choose Senator OBAMA and the no- bill. We didn’t see this bill in full com- addiction to oil, not to continue it, and drill Democrats, and they can see gas mittee. this bill is a comprehensive measure. climb to the heights of 5 or $6 gallon or Now, there are things that we should The SPEAKER pro tempore. The more. do urgently; like we should protect our time of the gentleman has expired. The choice couldn’t be more clear. electrical grid in this country, which Mr. RAHALL. I yield the gentleman ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE we’re not doing in this bill. There’s the 30 more seconds. The SPEAKER pro tempore. The urgency. Bring that bill to the House Mr. INSLEE. Let’s be clear. The Re- Chair would remind Members to ad- floor without going through sub- publicans who will vote against this dress their remarks to the Chair, and committee and full committee. That, bill today are voting against solar en- not the television audience. the American people would understand. ergy for Americans. They are voting Mr. RAHALL. Mr. Speaker, I yield 2 Well, notwithstanding what the ma- against plug-in hybrid technology for minutes to the gentleman from Illinois jority leader has just told us, Paris Hil- Americans. They are voting against en- (Mr. EMANUEL). ton will tell you, this is not rocket sur- hanced geothermal for Americans. Mr. EMANUEL. Mr. Speaker, for 30 gery. We do need all the above. Unfor- They are voting against more wind en- years, since the first oil shock of 1973, tunately, this bill does not provide ergy for Americans. And this idea of we’ve been facing an energy crisis in drilling as a bridge to these tech- that. I urge voting against this legisla- the United States. And let’s be honest nologies, it’s a bridge to nowhere. It tion. and level with the American people, Mr. RAHALL. Mr. Speaker, I yield 2 won’t show up for 15 years. both parties have missed opportunities We need this technology starting minutes to a valued member of our to deal with it. And the American peo- today. That’s a future America de- Committee on Natural Resources, the ple hold all of us accountable. serves. So I’m proud that this Congress, in gentleman from Washington (Mr. INS- Mr. PEARCE. Mr. Speaker, I yield its first time in less than a year, in- LEE). myself 15 seconds. Mr. INSLEE. Mr. Speaker, nothing is creased the fuel efficiency standards I would draw the attention of our for cars, something that’s been kicked more apt for Americans than the clean viewers across America to look at the energy revolution that we will start around, talked about for 30 years. This picture that the gentleman just pre- Congress in its short, first year took with today’s bill. Nothing is more apt sented to us. Make no mistake about for Americans because this bill depends action. it. The majority in this House wants to And I’m proud that our Republican on two very intrinsic American quali- change your way of life to where you colleagues who claim to be for the all- ties. Those are the qualities of opti- cannot drive the cars you drive today. of-the-above energy policy can vote for mism and innovation. And we believe I yield 2 minutes to the gentlelady the most comprehensive energy policy that this bill sets us on a course for in- from Minnesota (Mrs. BACHMANN). and legislation in 20 years, what we novation that will achieve for clean en- Mrs. BACHMANN. For 21 months the have here today. ergy what we achieved in the space Democrat-controlled Congress watched Now, listen. You can be for drilling race of the 1960s. as gas prices increased over 76 percent offshore. And this bill provides 300 ad- And I’d like to share why I’m option the American people. For 21 months ditional acres of drilling. But that is mistic about this. This is a picture I they sat in idleness as the American not a cure to our energy independence. took a couple of weeks ago in Golden, people became 70 percent dependent on It is not just drilling offshore, but it’s Colorado, at the National Renewable foreign oil. They knew the American also what we do onshore in our labora- Energy Laboratory, the center of our people paid an effective tax of $700 bil- tories, our universities with our inno- national effort on renewable energy. lion to foreign countries. vation and our technology for our en- It’s a picture of a photovoltaic cell. On For 21 months the Democrats pre- ergy independence. the other side of this array is a 400- sided while watching one-sixth of our This bill provides that we invest in square-foot photovoltaic cell con- economy, money and jobs going over- our renewable energy technologies and verting sunlight into electricity. That seas. For 21 months the solution was ends big subsidies for big oil compa- sunlight feeds down into these two cars obvious to anyone who was looking to nies. We require utility companies to that are plugged-in electric hybrid win the energy battle for the American use wind, solar and biomass to gen- cars. This is a term Americans are people, and it was this: Legalize Amer- erate more electricity. going to get to know real well. They ican energy production, all of it, legal- What I’m most proud about is also plug in. They use this solar-based ize it and have Congress get out of the what it does in the area of natural gas, power, and they will go 40 miles with way. Whether it’s clean coal, natural which those who are in the industry see zero gasoline. And then after you go gas, oil production, nuclear, alter- as revolutionary for their industry. more than 40 miles, they have a gaso- native, conservation, the Democrats Natural gas is 100 percent U.S. supply, line engine to go another 200 or 250 could have done every bit of this 21 33 percent cleaner and 40 percent miles. months ago and been the heroes of the cheaper. And it provides the infrastruc- Here’s the stunning fact which they American people. They could have be- ture to make sure that our auto indus- told me at the renewable lab. This cause they have been in charge. But try can start to convert and start to panel, which can go on your roof, pow- they willingly, intentionally, with eyes use natural gas, something Europe has ers two cars in 8 hours to get that all- wide open, chose not to. been doing and the United States has electric drive for a full 40 miles. The Democrats defied the will of the been lagging. And here’s an energy We are in the midst of a transition. American people, and now as the clock source that today is available. Just in We are on the cusp of a great transi- strikes midnight on the 110th Congress, the State of Utah, drivers can pay $0.83 tion. It reminds me of another transi- with this sad chameleon they call an per gallon if they fill up with natural tion when we went from typewriters to energy bill, the Democrats continue to gas. software, and there were a bunch of op- defy the American people. But the The SPEAKER pro tempore. The timists out in Redmond, Washington at truth is clear, this bill won’t reduce time of the gentleman has expired. Microsoft, in my district, that were op- the price of gasoline at the pump. The Mr. RAHALL. I yield the gentleman timistic about this new transition we American people will suffer, as they 10 seconds. were going to get into. have suffered under Democrat inaction. Mr. EMANUEL. So the question is Now, I will tell you this: I’ve heard But let’s throw the American people before us, are we going to have an en- some of my Republican friends saying a lifeline. We can, because in November ergy policy that keeps us wedded to the

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00101 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.003 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 19285 past or begins to invest in our future? the tremendous efforts that she’s made The legislation we debate today is a And this is the opportunity to do that. meeting after meeting after meeting to bold step forward that will help us end Mr. PEARCE. Mr. Speaker, I yield bring us together as a caucus, often at our dependence on foreign oil and myself 10 seconds. much political sacrifice, including to strengthen our national security. And I would point out that there is more her own desires. protecting the American people is our stimulation in this bill for bicycles I yield 1 minute to the Speaker. first responsibility, and so I list that than nuclear power. Ms. PELOSI. I thank the gentleman first among the goals and the provi- I yield 2 minutes to the gentleman for yielding and his recognition of the sions of this legislation. from Utah (Mr. BISHOP). fact that this legislation is indeed a The legislation is a result of reason- Mr. BISHOP of Utah. Mr. Speaker, compromise. It isn’t the bill that any able compromise that will put us on a when I was a young legislator in Utah, one of us would have written individ- path toward energy independence by I was told that oftentimes the process ually, but it brings us together in con- expanding domestic supply of oil we use in creating legislation is more sensus. I want to thank the distin- drilled offshore, and expanding domes- important than the actual words of guished chairman of the National Re- tic supply of energy by investing in re- that legislation. Thus, here in Congress sources Committee, Mr. RAHALL, for newable energy resources. It will pro- we have established a concept of reg- his extraordinary leadership on this tect consumers with strong action to ular order so that fair and competent bill. lower the cost of energy and to protect legislation is brought forth that elimi- This is a difficult bill because we all taxpayers by making Big Oil pay for its nates unintended consequences of poor- had to come from different directions fair share of our transition to a clean, ly written provisions. So we in Con- on it, and we’ve come to agreement. renewable energy future. gress review. I want to also acknowledge the im- It will ensure a clean, green energy And yet, by mutual understanding, portant work that was done by GENE future through energy efficiency and the bill we have before us has had no GREEN, Congressman GENE GREEN of conservation. It will commit America public hearing, no committee work, no Texas; by GEORGE MILLER, the Chair of to renewable energy and help create review, no amendments by Republicans the Education and Labor Committee; millions of good paying green jobs. It or Democrats, rank and file, no reading and JOHN DINGELL, the Chair of the En- will do so by rearranging the financial of this bill since it was printed after ergy and Commerce Committee, all of relationship between the American everyone had left last night. It’s not a whom who are cochairs of this impor- people, their oil, and Big Oil. tant legislation. comprehensive solution. It has the ap- Right now I think that the arrange- I would like to acknowledge CHARLIE pearance of competence but is not a ment is a real rip-off of the American RANGEL, the Chair of the Ways and real solution to meet the needs of real taxpayer and the American consumer. Means Committee for the provisions Americans. It does not work. And so we say in this legislation to Big from his bill in this bill, and NEIL Let me give you one small example. Oil, if you want to drill—and to others, ABERCROMBIE who really tried to bring The section on oil shale I originally but particularly to Big Oil—if you as many of the provisions of the legis- thought was one of the bright lights in want to drill in the Outer Continental lation he was cosponsoring into this an otherwise dismal bill. And I’m sorry Shelf, let’s talk about that. legislation so that it really did reflect that my colleague—no, my colleague We’re in the position that we are from Utah is still here. I congratulate the thinking of our colleagues on both sides of the aisle, if not to get the sup- today because for 8 years, President him on his work. Bush has requested a moratorium on It removes the prohibition of oil port from both. I also want to acknowledge Congress- drilling in the Outer Continental Shelf. shale development that this body cal- In recent months, he reversed his pol- lously placed in last year’s appropria- woman SLAUGHTER for her input. And Mr. ABERCROMBIE has joined us. Thank icy. And this is a reversal not only of tions act, despite a chorus of bipartisan his policy but of decades of policy that opposition to do such. But rather than you, Mr. ABERCROMBIE. I’m pleased to acknowledge your great leadership on had prohibited drilling on the Outer simply remove the prohibition and Continental Shelf. move forward, it replaces it with a this, this step in the right direction So as a result of his lifting the mora- mandate of States’ actions to pass a with certainly more to come. torium on drilling, starting after Sep- law to allow it to take place, some- I want to remind our colleagues or tember 30 at the end of this fiscal year, thing I personally like, something I inform, for those who may not have it will be possible for the U.S. Govern- think the industry would support, but been born yet, that in 1973 during that ment to provide leases to companies to which also has potential of constitu- energy crisis, President Nixon became drill 3 miles—3 miles—off the coast of tional implications. the first President to call for American our coastal States with no consent There are other areas of this bill energy independence. In his 1974 State from the States. It will be 3 miles, which have even more constitutional of the Union address, President Nixon leases given by the Federal Govern- implications. And since this act has no said that the United States should ‘‘not ment. severability clause, it simply means if be dependent on any other country for one part of this bill goes down on con- the energy we need to provide our jobs, And that’s why in order to remedy stitutional issues, the entire bill goes to heat our homes, and to keep our that, this legislation strikes a com- down. transportation moving.’’ He promised promise and a balance by saying, yes, if energy independence within 6 years. you’re going to drill offshore, it has to b 1915 That would be by 1980. In 1974, he had be 50 miles offshore and it has to have Rather than just take out the prohi- that vision. an opt-in by the State. The State has bition, it’s almost as if we put in the President Nixon was the first to to agree that you can drill. The Fed- margin a big sign that says, ‘‘Look make such a call, but certainly not the eral Government can give leases to the here to sue,’’ so that outside agencies last. Practically every national leader private sector to drill 50 miles offshore. can do in court what some people have in the intervening 33 years has called And it also says the following in said they would like to do on the floor, for energy independence. terms of the financial arrangement. which is not have a real solution. Today, this House of Representatives Right now, the status quo, which is I am saddened because we could have has the opportunity to take this coun- what some of our Republican friends done so much more. We could have try in a new direction on energy and want to perpetuate, the status quo is done so much better, and instead, we make that energy independence hap- the following: the oil belongs to the will vote on a hollow shell of a bill. pen. We have this opportunity with the American people, and yet Big Oil drills Mr. RAHALL. Mr. Speaker, it is my comprehensive, I call it All American for that oil subsidized by the U.S. tax- honor to yield to the lady that leads Energy Security and Consumer Protec- payer. At a time when Big Oil’s enjoy- this body. I certainly commend her for tion Act. ing record and historic profits, they

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00102 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.003 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19286 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 September 16, 2008 still insist that the U.S. taxpayer sub- bill, many of the provisions in this leg- stead of 10 years—which would be the sidize their drilling and have had roy- islation were provisions advocated by length of time it would take to bring alty holidays of paying the taxpayer Republicans in their bipartisan legisla- the price down for 2 cents. Two cents, for the taxpayers’ oil which they have tion with Mr. ABERCROMBIE. 10 years; 10 days, our bill. been drilling. The status quo, as has been suggested The President originally resisted. So what we’re saying in this legisla- by some, will not bring down the price Now he says he may release from the tion is that day is over. Now if you at the pump. The status quo will not SPR not because Congress asked but want to drill, you’re on your own. In protect taxpayers from subsidizing Big because Big Oil asked. the private sector, in the free market, Oil, and the status quo will certainly It’s about time we got the leverage you’re on your own. The American peo- not make America energy independent. back to the American people, recog- ple are not subsidizing that drilling. It’s time for a new direction. It’s time nized our need to meet their needs, to And, by the way, we want our share of for us to set aside partisan politics on protect the consumer and the taxpayer, the royalties. And lifting the subsidies this issue. This should not be an issue to keep them safe with energy inde- and getting our royalties, including on which we are divided. pendence, to grow our economy going back to the royalty holidays of The protection of our country by as- through good green jobs, and to make the 1990s, by doing that we will be able suring energy independence, the cre- sure that we never find ourselves in to invest in America’s energy future by ation of new jobs through a new energy this situation by making investments in renewable energy resources. using those funds to invest in renew- green industry in our country with re- able energy resources, whether it’s newable energy resources, the assur- b 1930 wind or solar, biofuels, other clean al- ance that we will never be in this posi- Mr. PEARCE. Mr. Speaker, I recog- ternatives. tion again because not only are we ex- nize myself for 15 seconds before I rec- We’ll be able to use that money from panding the domestic supply of oil, but ognize Mrs. CAPITO of West Virginia for that offshore drilling, by now finally we are also investing in renewable and 2 minutes. getting the taxpayers’ fair share, to in- other alternatives; and also that, Mr. Speaker, we’ve just heard that vest and provide more support for again, security, environmental protec- we’re going to sell oil out of our Stra- LIHEAP, the low income heating ini- tion, economic entrepreneurialship in tegic Petroleum Reserve in order to tiative, so important to so many, many this legislation and a moral responsi- cure a marketing problem. That oil families in America and even more so bility to reduce our dependence on for- was put there for our national defense in this time of economic uncertainty. eign oil and on fossil fuel, to do so in a and now we’re using it in pure mar- And to invest in our lands and conway that reverses global warming, keting. servation fund, some of the provisions which in my view is a moral responsi- I yield 2 minutes to Mrs. CAPITO. which were in the original bill that Mr. bility if you believe, and I think every- Mrs. CAPITO. I thank the gentleman ABERCROMBIE was supporting. So we one does, that this beautiful planet is for recognizing me. took up some of the investments that God’s creation and we have a moral re- The Speaker, we just listened to her, he would make from the royalties that sponsibility to preserve it and preserve and her leadership team had an oppor- we would recoup and also from not pro- it in a way that is fair to all of the peo- tunity to present this House with a viding subsidies to Big Oil. ple who inhabit this planet. And in our truly bipartisan energy bill. Both she Many of us have thought for a long case, we’re talking about the American and the majority leader have talked time that there was something wrong people. about the compromises that they with this relationship. Our oil, their So, again, this comprehensive energy reached and how they worked on a profits, we subsidize, we don’t get the package is a result of compromise in compromise. I don’t know who they’re full benefit of that. But it was only re- favor of sweeping and innovative solu- compromising with. They’re compro- cently that we saw how wrong some- tions to America’s energy future. I mising with themselves, negotiating thing was with that relationship. It urge my colleagues on both sides of the with themselves. Instead, they chose to bring forth tells us again and again why it is time aisle to join together to support a what I think is a blatantly partisan for a new direction. And nothing dem- clean, renewable energy future by sup- bill. It will increase energy costs in my onstrates that more clearly, I think, porting this comprehensive legislation. State, and again, essentially ignores than the recent scandal in the Bush In- Once again, I salute all of those who West Virginia, its people, its abundant terior Department. participated in bringing us to this com- supply of coal. On the Republicans’ watch, Interior promise: some intentionally, some by I go back to the fact that I’ve lis- the basic work that they’ve been doing Department officials accepted football tened to both the majority leader and in the Congress for a long time and tickets, ski trips, golf outings, and the Speaker in their remarks, and not other favors in return for rigging con- may not, again, support this legisla- one mention of clean coal in both of tracts to benefit Big Oil. They engaged tion today but have put their stamp of their remarks. in illicit behavior that gives new mean- approval on many of the provisions So let me be clear, in a time when ing to the words ‘‘cozy relationship’’ that they had suggested in other legis- West Virginians are making hard deci- between the Republicans and Big Oil. lation and which we have been pleased sions based on their gas, electric and These Republican officials, one of to pick up where we had bipartisan home heating needs, this bill offers whom pled guilty just yesterday to cor- agreement. them nothing more but Washington. ruption charges, were in charge of col- So I’m very excited about this. This All talk and no action. lecting billions of dollars’ worth of oil is a very important day in our energy We know it’s going to take a com- and natural gas last year alone from story for America. And I commend all prehensive plan to wean our Nation off companies allowed to drill on Federal who worked so hard, and so many peo- of $700 billion worth of dependence on lands and offshore. It just isn’t right. ple did. But we recognize it’s only a foreign sources of oil, but this bill just So when I said earlier that this was a first step. There are many more issues doesn’t do the job. rip, it’s a rip and it’s corrupt, and it to be dealt with, more progress to be It includes a renewable portfolio must be changed. I think all Americans made, but we cannot wait for that to standard that will send electric costs believe that it’s time for an oil change happen. skyrocketing in a State like West Vir- in America. In the meantime, I’m pleased that in ginia by mandating difficult standards, The Democrats stand for that this legislation we have our legislation all of this at a time when many of my change. Democrats demand it. Repub- related to the Strategic Petroleum Re- constituents can barely afford gas or licans are demanding the status quo, serve which, if the oil is released, their heating bill. but not all Republicans. Many have which we have asked the President to This bill doesn’t invest in royalties been involved, though they may not do, will immediately bring down the for offshore exploration into alter- specifically approve of this particular price at the pump within 10 days in- native energy sources like clean coal

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00103 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.003 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 19287 or renewable fuels. Coal-to-liquid has This important legislation includes too long, it has compromised our na- great promise to lead this Nation to- several provisions to move us towards tional security, our economic security, wards our energy independence. a 21st century energy policy. My and our environmental security. And The American people gave the leader- friends on the other side of the aisle now is not the time to retreat into the ship of Congress a homework assign- have called for increased drilling to familiar trenches of partisan politics. ment to solve our energy crisis, and capture more of our domestic re- Now is the time to establish a broad, they responded by waiting till the last sources. The bill does just that. comprehensive, new energy direction, minute, hastily writing their bill, and Advocates for the environment have and yes, I believe we should adopt long- delivering it late. Sadly, it fully de- called on oil and gas companies to term investments in a sustainable fu- serves the ‘‘F’’ that the American peo- produce oil on Federal land to which ture. I support them: research and in- ple will be giving it. they already hold leases or give up centives for wind, solar, biofuels and At a time when a solution demands those leases. This bill requires them to geothermal. But we must also address, real bipartisanship, this bill just do just that. Mr. Speaker, the immediate problem of doesn’t cut the muster. I’m on the bi- After learning last week of the cor- our overwhelming dependence on for- partisan bill. We worked night after rupt relationship between Big Oil and eign oil. night with no lobbyists, no leadership, the Bush administration’s Minerals Let’s have an honest debate about no special interests, and we found good Management Service, this bill the full range of energy options in our compromise in that bipartisan bill, and strengthens oversight of the Interior portfolio. Increased use of domestic re- I’m proud of the efforts on both sides of Department. sources in an environmentally respon- the aisle where we joined together. Most importantly, this bill launches sible way will promote our energy inde- With this empty shell of an energy a clean renewable energy future that pendence while bridging to a sustain- bill, I’m afraid I’m disappointed and creates new American jobs, specifically able and independent energy future, I’m afraid the American people will be, in my home State of Illinois. fully integrating conservation, innova- too. If this comprehensive bill isn’t an all- tive technologies and a variety of re- Mr. RAHALL. Mr. Speaker, I yield of-the-above response to energy prices, newable resources. myself 1 minute. then, quite frankly, I don’t know what Mr. Speaker, today, I believe, could Mr. Speaker, reading the legislation is. have been a day of celebration instead will show that the strategic energy ef- Mr. Speaker, I am proud of every en- of the rancorous political pushing and ficiency renewable reserve fund that ergy vote I have taken in the 110th shoving. I am sure that many Members we’ve set up—we explained the funding Congress, from addressing oil specula- on both sides are eager for a bill, mechanism and how much earlier— tion abuses, cracking down on price reached in true bipartisan fashion, yes, would go toward accelerating the use gouging by Big Oil, improving public with the appropriate trade-offs and of clean domestic renewable energy re- transportation options, releasing mil- compromises but one that lays a new sources and alternative fuels. And an lions of barrels of oil from the Stra- energy vision. understanding of what alternative fuels What a message we could have sent tegic Petroleum Reserve, to increasing is would lead one to know that that in- to our own people, the financial mar- fuel economy standards in our vehicles cludes coal-to-liquid and clean coal kets, to innovators and entrepreneurs, and providing relief for consumers at technologies. to the world oil markets, that America In addition, we have a separate sec- the pump. has chosen a new way and we will no tion that increases research, develop- The Comprehensive American Energy longer be captive and vulnerable. In- ment, and demonstration of carbon Security and Consumer Protection Act stead, we have a bill that is the prod- capture and sequestration techniques, pulls many of these measures together, uct of dysfunction in this House, Mr. also clearly spelled out in the legisla- moving us closer to ending this energy Speaker. I just believe we can do bet- tion. crisis and establishing real energy ter. Furthermore, when we’re talking independence. Mr. RAHALL. Mr. Speaker, I yield 1 about carbon capture and sequestra- I urge all of my colleagues to support minute to the distinguished gentlelady tion in this legislation, we do have lan- this incredibly wonderful piece of legis- from Arizona (Ms. GIFFORDS). guage that specifically sets aside how lation. Ms. GIFFORDS. Mr. Speaker, the bill the process is, that these grants will be Mr. PEARCE. Mr. Speaker, I recog- before us this evening is a strong re- made from this fund to go toward car- nize myself for 15 seconds prior to rec- sponse to one of the most challenging bon capture and sequestration. ognizing Mr. FORTENBERRY of Ne- issues that faces our country: securing We provide $1.1 billion of tax credits braska. American energy independence. Meet- for the creation of advanced coal elec- Two years ago when the new Speaker ing this challenge requires the com- tricity projects and certain coal classi- took over, we were promised a plan. prehensive approach on the floor to- fication projects and we explain how Tonight, we’re told that we’re going in night: drilling, conservation, and re- that will be awarded. a new direction. The new direction: newable power. In addition, we ensure the solvency Sell off our Strategic Petroleum Re- I am particularly pleased that this of the black lung disability trust fund, serve; provide more stimulus for bicy- bill contains an 8-year extension of the not a laughing matter to West Vir- cles than nuclear power; and the solar solar investment tax credit, or the ITC. ginians. car that the gentleman from Wash- Solar power represents one of our Na- I yield 2 minutes to the gentleman ington showed us the picture of. That’s tion’s best hopes for a clean, secure, from Illinois (Mr. HARE). the plan the American people are given and sustainable future. It will provide Mr. HARE. I thank the chairman. while they’re hurting at the pump. powerful economic benefits in my dis- Mr. Speaker, my constituents are I would recognize Mr. FORTENBERRY trict in southern Arizona but to the frustrated and angry by rising energy for 2 minutes. rest of the country as well. costs and the impact on their busi- Mr. FORTENBERRY. I thank the According to a new study by nesses, their grocery bills, and their ev- gentleman. Navigant Consulting, an 8-year exten- eryday lives. Today, we respond to that Mr. Speaker, America needs, and is sion of the solar ITC could lead to more frustration and anger by considering demanding from this Congress, a bold, than 440,000 permanent jobs and attract the Comprehensive American Energy new energy vision. $232 billion in investment through 2016. Security and Consumer Protection Act. We, as a Congress, have been pre- I thank the leadership. I thank the I rise in strong support of this legisla- sented with the opportunity of a gen- chairman. I thank those who have tion that increases our domestic en- eration: to step into the breach and de- worked so hard at listening to the peo- ergy supply, invests in alternative liver to the American people a victory ple of southern Arizona and across this fuels, and ends taxpayer subsidies for over the vexing problem of dependence country about this newer, brighter fu- big oil companies. on foreign oil. Left unaddressed for far ture.

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00104 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.003 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19288 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 September 16, 2008 I urge my colleagues on both sides of think, speaks to a number of issues and we can look back in hindsight and the aisle to support this balanced bill that we all care about. say there may have been a lot of deci- and call on our colleagues in the Sen- It’s no surprise we’re less than 50 sions that should have been made but ate to pass this legislation as well. days before an election that the rhet- weren’t, or other actions that should Mr. PEARCE. Mr. Speaker, I would oric out here on the House floor may have happened but didn’t. yield 2 minutes to the gentleman from get a little hotter than usual, and on The blame game is not particularly Texas (Mr. HENSARLING). an issue as important as this, I think productive. What we ought to talk Mr. HENSARLING. Mr. Speaker, that’s unfortunate. about doing is how do we move forward since the Democrats took control of I think if we can, for just a few mo- as a country? How do we set public pri- Congress the price of gas has increased ments, maybe set that aside and really vacy that allows the private sector to 75 percent. Mr. Speaker, their first re- take a look at what this bill is and talk innovate? How do we make progress sponse was to declare a 6-week vaca- about what’s in the bill, I think that with new technology? How do we take tion while the American people suf- would be productive, because, you ourselves to a new position where we fered. Republicans spoke out. The know, this bill actually takes ideas and are no longer dependent on foreign en- American people heard. They de- clauses and sections from a lot of dif- ergy? That’s the type of discussions I manded action. ferent bills that have been introduced think most people around the country So now what do we have, Mr. Speak- by a lot of Members of Congress. There want us to have. That’s the type of dis- er? In the dark of night, we have pro- have been all kinds of energy bills in- cussion we ought to be having here on duced a 240-page nonenergy energy bill, troduced by Republicans, by Demo- the floor tonight. And I’m not hearing with no amendments, no substitutes, crats. This particular bill we’re talking enough of that, quite frankly, from no committee hearings, supposedly about tonight incorporates a lot of both sides of the aisle. from a Speaker who promised us the those ideas, and that’s a good thing, This bill does increase production. It most open, democratic, and fair process and it reflects a cross-section of the opens up substantial amounts of the known to mankind. These are strong- House of Representatives in terms of offshore resource for exploration. The arm tactics that are more befitting of point of view. bill also includes oil shale production. Hugo Chavez’s Venezuela than they are If we take a look at this bill, you will A lot of people on the other side of the the United States of America. see that there are Democrats and Re- aisle said it does not, but it does. It Mr. Speaker, this bill does not publicans who could actually come to- eliminates the moratorium. It gives produce American energy. It is a sham. gether and agree on a lot of these the States the ability to opt in to do that. It is a huge potential resource. It is a fraud. There are no new refin- things. I suspect with the election com- It includes the important tax credit eries, no clean coal, no ANWR, no nu- ing up we may have more of a partisan extensions that so many people in this clear, and regardless of what they say, nature on this vote than we would like. body on both sides of the aisle support. Mr. Speaker, no production of our deep At the end of the day, I think we all Oh, I know there are things in this bill sea resources. spent a lot of time in August meeting that probably every Member of Con- And, in fact, this bill makes matters with our constituents. We all have had gress could come up with something worse. It would permanently ban the the experience of going to the pump they don’t like. I’m sure every Member development of our oil and gas re- and paying a lot more than we are used of Congress could come up with things sources on almost 88 percent of our off- to and a lot more than we like, and they would like to see in this bill that shore resources. we’ve all felt the pain of that process. are not in it tonight. When you try to You know, it’s ironic, Mr. Speaker, if We’ve talked to a lot of our constitu- put together a consensus bill, that’s the Democrats would do nothing—and ents who have also felt the unease of the nature of the process. certainly, they’ve had lots of practice that circumstance, and they are anx- But this is an important step. It’s a doing nothing—this moratorium on de- ious about looking for opportunities to step that allows us to say we are mov- velopment would go away in just 2 move beyond that. ing ahead with domestic production, weeks. Decades and decades of Amer- That’s what we’re looking to do. I we’re moving ahead on accruing new ican energy, oil and gas in the ground, don’t think my constituents think the technology, we’re moving ahead on try- ready to be developed, but the Demo- government can wave a magic wand ing to reduce our dependence on for- crats won’t let us do it. and solve all this. When I talk to my eign supply. In fact, this has called the publica- constituents, they know that this is a Again, I commend the chairman for tion Roll Call to ask, ‘‘Is this just an complicated issue, that it is going to his leadership. I ask everyone to sup- elaborate exercise to give their Demo- take a comprehensive approach, and a port this bill. crat Members a heaping dose of polit- lot of the solutions are going to come Mr. PEARCE. Mr. Speaker, I recog- ical cover?’’ The answer, Mr. Speaker, not necessarily from government but nize myself for 10 seconds before recog- is ‘‘yes.’’ from the private sector, the innovators nizing Mr. JOHNSON of Texas for 2 min- We need all of the above. We need in our country. That’s why this coun- utes. conservation. We need renewables. We try has always done so well in global Mr. Speaker, this bill taxes American need alternative energy. But we need competitions through innovation. refinery jobs and does not tax foreign more American energy, too. Democrats I’ve met with various businesses in refineries. So we’re giving the advan- view our oil and gas resources as toxic my own congressional district just in tage to foreign jobs and we are hurting waste sites. Republicans view them as the last few weeks who are making re- American jobs. valuable natural resources that can be markable progress on technological ad- Mr. Speaker, I yield 2 minutes to the used to ease pain at the pump. vances, and it’s exciting. It’s invig- gentleman from Texas (Mr. SAM JOHN- Vote against that bill. Vote for orating. We should be optimistic about SON). American energy. the future when you see what’s going Mr. SAM JOHNSON of Texas. The Mr. RAHALL. Mr. Speaker, I yield 4 on out there in the private sector right American people want, need, and de- minutes to the gentleman from Utah now to help new technology move for- serve a Congress that responds to their (Mr. MATHESON) who’s been very in- ward. We shouldn’t be on the blame needs and acts diligently on their top strumental in helping us develop this game of who’s responsible for this. priority. Sadly, the Democrats in Con- piece of legislation, especially in re- gress, beholden to their radical leftist gards to the oil shale. b 1945 interests, have blocked progress and Mr. MATHESON. Mr. Speaker, I Our caucus leader, Mr. EMANUEL, said will not let us do the job that the thank the chairman, both for yielding that the oil crisis first started 35 years American people sent us to Washington the time, but more importantly I ago with the 1973 oil embargo. Dif- to do—find real energy solutions. thank the chairman for his leadership ferent parties have been in power in Ironically, the only border fence the on putting together a bill that really, I the White House and in the Congress, Democrats seem to care about is the

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00105 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.003 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 19289 fence they want to put up around the A lack of action by the previous Re- to exploit our own resources, it would areas where we can’t explore for oil. publican-led Congresses and policies of allow States to share in the revenue That’s a disgrace. Solving our energy the Bush Administration have led to generated by offshore drilling. Without crisis means tapping all of America’s skyrocketing gas prices while Big Oil allowing that, you simply guarantee resources for America’s future to cre- companies are earning their largest that no State will opt in. So there is a ate American jobs and American pros- profits in American history. We need to lot of bait and switch here going on. perity. Folks are sick and tired of pay- act now. We need to pass a balanced en- It seems that the only recycling in ing around $4 a gallon for gas. They’re ergy bill, which is exactly what H.R. this is a familiar pattern of loading the fed up with relying on foreign coun- 6899 is. bill up with a lot of items so you can tries and brutal dictators to supply our Many Americans are facing financial get votes from here and there. For ex- energy needs. Americans have had it hardship because of our country’s en- ample, one of the spending programs is with a Democrat leadership who told ergy struggles. This bill expands do- a National Consumer Awareness Pro- the Congress to take a 5-week vacation mestic drilling, it protects States’ gram to educate the public on the envi- instead of staying around to do their rights to maintain control over their ronmental and energy benefits of pub- jobs. shores, and it allows America to move lic transportation. That’s not a serious The Democrat bill before us today is towards the future by investing in new bill about our energy crisis. This seems a sham. They’re refusing to allow us to sources of energy. to be a San Francisco bill with New tap into our own home-grown energy Despite some of the speeches we have York sensibilities. resources and discouraging investment heard on the floor today, the American And speaking of New York, there is a in future energy supply. I’m here to people and the States are not unani- big fat item in for New York, about a tell you, in Texas, this bill is all hat mously in favor of an offshore drilling $2 billion item which allows for the so- and no cattle. free-for-all. called Liberty Zone. This provision On October 1, the ban on offshore en- The looming expiration of the off- would allow New York City to keep $2 ergy exploration on the Outer Conti- shore drilling ban on September 30 billion worth of the employers’ share of nental Shelf expires. This bill would would allow drilling as close as three payroll taxes to invest in transpor- put the lid on the OCS with no progress miles offshore in my home State of tation projects. That’s a specific lim- in sight. However, today’s bill puts ex- California. That’s very concerning for ited tax benefit for one entity here. cessive rules and regulations back on Californians who are committed to pro- That’s an earmark by all definitions. the OCS, landing us basically back tecting our shores from any drilling. And yet nobody has been able to ex- where we started. That’s not what I And I support their sentiment. plain—and we sought this morning, we call progress. This bill provides a compromise, en- sought all day to have somebody ex- We owe it to the American people to suring that States like California can plain what that has to do with our en- get this one done right. We need to opt out of offshore drilling. Quite ergy future. Instead, it was just put in open up the Outer Continental Shelf. frankly, it seems like those people who the bill to try to get a vote from here We need to allow States to share the would be for States’ rights would sup- and there. revenue of oil exploration. We need to port this provision that ensures that Again, this is not a serious piece of tap Alaskan areas that hold potential States are involved in the decision of legislation. It is meant to provide po- for domestic energy resources, not just whether to drill between 50 and 100 litical cover. It should be rejected. the parts cherry-picked by the Speak- miles off of their shores. And, hopefully, as the moratorium goes er. We must be open to oil shale, clean In addition, the remaining Outer off, we will get to really addressing our coal, nuclear, and renewable energy Continental Shelf beyond the 100 miles energy future. sources like wind and the sun. We don’t would be open to oil and gas leasing. As Mr. RAHALL. Mr. Speaker, I yield 2 need more bureaucracy, we need more you might imagine, that doesn’t thrill minutes to the gentleman from Texas innovation, and we need it all. Californians, but this is a compromise; (Mr. CHET EDWARDS). I’m urging my colleagues on both it’s a compromise that gives States Mr. EDWARDS of Texas. Mr. Speak- sides of the aisle to work together to control over the waters closest to them er, when it comes to reducing gasoline come up with real energy reform for while also advancing the Federal drill- prices now, this energy bill does some- our children, grandchildren and Amer- ing interests further offshore. thing important, something that Re- ica’s future. In addition to the drilling provision, publican bills refused to do. This bill Mr. RAHALL. Mr. Speaker, I yield this bill will help enhance our national will release onto the market 10 percent myself 15 seconds. security and move toward energy inde- of the Strategic Petroleum Reserve, The previous gentleman has once pendence by investing in renewable which already has 700 million barrels of again referred to the so-called ‘‘5-week sources of energy. This legislation ex- oil in it. vacation’’ during the month of Au- pands and extends tax incentives for By dramatically increasing the sup- gust—a time period that we all have renewable electricity, energy such as ply of oil onto the market this year, we enjoyed with our families and working solar and wind and plug-in hybrid cars will drive down the price of oil, which in our districts—without mentioning and energy-efficient homes and build- is being kept artificially high by oil the fact that for the 90 days prior to ings and appliances. speculators who don’t produce any- that August district work period, Re- I urge everybody to vote for this bill. thing except profits at the expense of publicans called for 18 motions to ad- Mr. PEARCE. Mr. Speaker, I yield 2 average working families and busi- journ this House, and they called for minutes to the gentleman from Ari- nesses. two motions today to adjourn this zona (Mr. FLAKE). Just look at the facts. In 1991, when House without consideration of this Mr. FLAKE. I thank the gentleman former President Bush released just 17 bill. for yielding. million barrels of oil from the SPR, oil Mr. Speaker, I yield 2 minutes to the You know, a lot of us who spent time prices dropped by 33.4 percent in just gentlelady from California (Ms. LORET- at home hoping that we would come one day, 33 percent in one day. In 2000, TA SANCHEZ). back here and vote on a serious piece of when President Clinton released oil Ms. LORETTA SANCHEZ of Cali- legislation are disappointed here. This from the SPR, oil prices dropped by fornia. I thank the kind chairman for is not a serious piece of legislation. 18.7 percent. The fact is that releasing not only allowing me to speak on this, This is a piece of legislation that seems oil from the SPR is a proven way to but also for all the work that you’ve to be geared simply to give some peo- drive prices down quickly, and that’s done to put this together. ple some cover for the upcoming elec- why this bill mandates the release of 70 I rise today in support of the Com- tions. million barrels of oil. prehensive American Energy Security If we had a serious piece of legisla- Now I can see why oil speculators and Consumer Protection Act. tion that would provide for allowing us don’t like the idea of lower prices. I

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00106 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.003 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19290 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 September 16, 2008 can see why ExxonMobil doesn’t like I have here a copy of the Federal major oil companies have enjoyed the highest the idea of lower prices. I can’t quite Code. This is the legislation that ended profits ever recorded at the expense of the see why my Republican House col- litigation on the North Slope of Alaska American consumer, all while utilizing only a leagues have voted against releasing in 1973. That’s what it took. No one got fraction of the Federal land available to them oil from the SPR earlier this year. And through the environmental litigation; for drilling. This has only served to increase none of their bills include this idea. It it was an act of Congress. If we don’t our reliance on foreign oil. makes one wonder just whose side are have an act of Congress, we’re not The bill Democrats are proposing today rep- they on now. Well, I’m going to be on going to get through this litigation, resents a change in the direction for our Na- the side of families and businesses in and all of our energy is going to be tion’s energy policy. H.R 6899 puts our Nation America who want lower oil prices locked up, Mr. Speaker. on a path towards a sustainable renewable today, not 20 years from now. So this bill does nothing for corn eth- energy future by eliminating unnecessary tax The Republican bill says to the pa- anol, coal, ANWR, nuclear, the first 50 breaks to oil companies and using these funds tient that’s hemorrhaging, well, help is miles, oil shale, natural gas, hydro- for research into alternative fuels and renew- on the way 10 or 20 years from now. electric, or the litigation that’s block- able energy and efficiency tax incentives. We And the patient is hemorrhaging and ing it. can put American know-how to work, strength- the American economy, businesses and b 2000 ening our economy and creating good-paying families are hemorrhaging economi- jobs here at home instead of $700 billion each cally today, they need and deserve help Mr. RAHALL. Mr. Speaker, I yield year to the Middle East. We can use the re- today. Let’s vote for this bill tonight. 11⁄2 minutes to the gentleman from sources of rural America to grow energy right And let’s help Americans this year by North Carolina (Mr. ETHERIDGE). here at home and strengthen our commu- lowering energy and gasoline prices. Mr. ETHERIDGE. Mr. Speaker, I rise nities. Mr. PEARCE. Mr. Speaker, I yield 2 tonight in support of H.R. 6899, a com- Finally Mr. Speaker, H.R. 6899 has shown minutes to the gentleman from Iowa prehensive plan to use our Nation’s re- that the Democratic Congress has listened to (Mr. KING). sources and Americans’ know-how to the American people and not the big oil com- Mr. KING of Iowa. I thank the gen- reduce prices and to free our Nation panies. This is comprehensive legislation that tleman from New Mexico for yielding. from the grips of foreign oil. includes a compromise that will responsibly The Strategic Petroleum Reserve, I This legislation invests in renewable open the Outer Continental Shelf, OCS, for think it’s named exactly what it is. energy sources such as cellulosic eth- drilling, while demanding that oil companies Why, at a time when we have hurri- anol, biomass and soybean diesel, cre- use the leases they have already been issued canes that have hit the gulf coast, ating good-paying jobs here at home or lose these leases to oil companies that ac- that’s a time we might want to have to and growing our rural economies. This tually want to produce oil. tap into the Strategic Petroleum Re- legislation has opened up the Outer This legislation gives States the authority to serve. When we’ve got Putin sitting Continental Shelf. It has renewed drill- allow drilling from 50 to 100 miles offshore over in Georgia, Ahmadinejad threat- ing while demanding that oil compa- and makes all OCS waters beyond 100 miles ening to close the Straits of Hormuz nies use the leases they already have immediately available for oil exploration. This and we’re opening up the Strategic Pe- that have been issued or lose the leases puts our resources to work to meet our Na- troleum Reserve for what, for political to other oil companies that will actu- tion’s needs while at the same time protecting strategy? Not for strategy for the secu- ally produce oil and gas. It is time to our coasts. rity of the United States of America. end the giveaway to big oil companies I know how high energy prices are hurting That defies logic, I would say. that are reaping record profits while American families. This bill makes important And to swap out sweet Texas crude my folks in North Carolina and their changes to improve our energy supply and re- for heavy Venezuelan oil at the same families are struggling to afford to fill duce costs. This is a bill that we can all sup- time also defies logic to track this. their own gas tanks. Today’s bill does port on behalf of the American people. I urge Why would anybody come to the floor just that. my colleagues to vote in favor of H.R. 6899. and defend opening up the Strategic This legislation puts our Nation on a The SPEAKER pro tempore. The gen- Petroleum Reserve? path toward a sustainable energy fu- tleman from New Mexico (Mr. PEARCE) But, Mr. Speaker, I came here to ad- ture through greater energy efficiency has 291⁄4 minutes remaining. The gen- dress this overall energy piece. And and conservation. This legislation is tleman from West Virginia (Mr. RA- first, I’m for all-American energy all for the people of North Carolina and for HALL) has 233⁄4 minutes remaining. the time. I want to open up all of it. America who would rather grow their Mr. PEARCE. Mr. Speaker, I would And I’m also for an open process, not own fuel instead of sending billions of yield 2 minutes to the gentlewoman for a 290-page bill that hit the presses dollars to the Middle East. from Virginia (Mrs. DRAKE). last night at 10 o’clock and the Rules Mr. Speaker, I urge my colleagues to Mrs. DRAKE. Actually, Mr. Speaker, Committee at 10:45. How in the world vote in favor of this progressive, futur- I’m disappointed to be standing here could they evaluate it? And further- istic piece of legislation to free Amer- tonight, discussing the bill that we’re more, what’s the purpose of this con- ica. discussing, and I really wonder what stitutional process if there is no sub- Mr. Speaker, I rise tonight in support of the Americans who are sitting at home committee, no committee, no amend- 6899, the Comprehensive American Energy watching our debate tonight are think- ments allowed anywhere along the line, Security and Consumer Protection Act. ing. From one side, they’re hearing amendments denied at the Rules Com- H.R. 6899 will increase American oil produc- this is the best thing that has ever hap- mittee as well, a closed process—yes, tion, invest in renewable energy sources and pened to America. From the other side, an open debate for 3 hours, but not a new efficiency technology, end giveaways to they’re hearing what this bill is really process that allows perfection? big oil companies, and create jobs here at all about. So it seems to me that we’ve handed home. This legislation puts our Nation on a I represent Virginia’s Second Con- the entire authority of the United path toward energy independence through gressional District. That’s the entire States Congress over to the Speaker greater energy efficiency and conservation, coastline in Virginia—the Atlantic from San Francisco, who writes a pol- and lowers the price average Americans con- coastline. For the 4 years that I’ve icy, 290 pages, that doesn’t do anything sumers pay for the energy they need. served in Congress, 2 years of those for us. For too long, this administration and the Re- were on the Natural Resources Com- And I would add, Mr. Speaker, that publicans in Congress have relied on a single mittee. I worked on this issue of the even the Outer Continental Shelf, if we approach to our Nation’s energy policy, allow- Outer Continental Shelf. I can’t tell do nothing, it opens up. If this bill ing big oil companies to decide when and you how disappointing it was to know passes and becomes law, then it blocks where to drill, while failing to ensure that they that the rumors I was hearing over the out the first 50 miles, and litigation pay their fair share to the American people for weekend were true and that, yes, it blocks that out and all of the rest. the use of our federal lands. For too long the would open up the Outer Continental

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00107 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.003 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 19291 Shelf on paper but not in reality, be- coverable oil, some of it on U.S. leased of fact, when you sort it all through, cause what this bill does is it says, land. North Dakota is not getting a you have tax increases on coal because from 50 to 100 miles, yes, States, you big, old slice of that, but we’re sure there’s an existing coal tax that is set may opt in. However, Virginia and generating a lot of economic activity. to expire in 2014, and it’s extended to every other coastal State, you will re- Man, it’s making our State’s economy 2018. You have huge prohibitions ceive no royalties for doing that. hum, and the economic activity of this against existing oil companies bidding Now, when you look at the Gulf drilling off the coast is going to make on any of these new leases that might States—Alabama, Mississippi, Lou- a lot of the economies of these States eventually come up. If you substitute isiana, Texas—371⁄2 percent of those hum. Hollywood for Big Oil, that’s like say- royalties go to those individual States. I can sure understand. Look, if I were ing we won’t let George Lucas or we I don’t think that this Congress be- from Virginia, I’d be saying, ‘‘Hey, give won’t let Steven Spielberg produce an- lieves in treating our States dif- us some money. Give us some of this.’’ other movie because Star Wars or ferently. I understand that, but as a Nation, this something like that made so much So, in discussing this bill, the reality year alone, it’s going to run poten- money the last time, which is simply of this bill will be that States will say tially $500 billion in the red. Don’t you silly. ‘‘no’’ because why would a State agree think we have some responsibility to We want our major oil companies to to be treated so completely differently? our Nation, to all of the States and to be out there producing and developing So the reality becomes industry can go our children? these leases because they’re the ones harvest this resource at 100 miles out. You know, I like this bill, in my com- most likely to actually find something The problem is that’s very expensive; ing from an energy State, because it and to produce it in a cost-effective it’s much more dangerous, and we has got so many things in here that are fashion. I would point out that, for know the bulk of the resource in the positive. I mentioned our contribution every dollar of profit our major oil Outer Continental Shelf is within 50 in oil, but we also have a major wind companies make, they pay 31⁄2 times miles of the coast. dimension to our State. They call us that in taxes. It’s a 3-to-1 return to the So what we’re saying is, yes, Amer- the Saudi Arabia of wind. If you’ve taxpayer when an oil company actually ica, we’re going to do it, but in reality, ever been up to the high prairies of finds, develops, produces, and sells en- no, America, it won’t work. I think North Dakota, you’d know what ergy for America. Americans are smarter than that, and they’re talking about. We need to con- The bill before us has absolutely no Americans today understand that we tinue the tax support for the drilling- permitting reform. As Congressman have vast resources in this country wind energy, and it’s in this bill. SHADEGG has pointed out, if you elimi- that we’ve blocked. It’s time for us to The SPEAKER pro tempore. The nated all of the moratoria and just did have a solution to open our American time of the gentleman has expired. that and really let any area that’s in energy, to meet our needs and to treat Mr. RAHALL. I yield the gentleman the public domain be leased, it still our States fairly. an additional 30 seconds. wouldn’t be developed because the na- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Mr. POMEROY. There is one other tional environmental groups preemp- The SPEAKER pro tempore. Let the thing I wanted to mention. We’re sit- tively file these lawsuits. Chair remind Members, because it has ting on 800 years of lignite coal at If you really want to have develop- happened three times during the de- present consumptive rates. The provi- ment and production, we have to do bate, that Members should not traffic sions of this bill that deal with trying something on permitting reform, and the well while another Member has to get clean coal technology so that that is not in this bill either. We really been recognized and is in the process of this can continue to be an abundant, do need to be working together. Con- speaking. Members should not ap- affordable component of our energy gressman ABERCROMBIE and Congress- proach the microphone in the well sources while trying to meet new envi- man PETERSON have developed a bipar- while another Member is speaking. It’s ronmental concerns is going to take in- tisan bill that, I believe, has over 100 discourteous, and Members owe better vestment. It’s in this bill. This bill is a cosponsors, I would assume, equally di- than that to each other. diverse bill—oil, renewables like wind vided between the Republicans and the Mr. RAHALL. Mr. Speaker, I yield 2 and clean coal. This bill deserves your Democrats. Very little of that bill is in minutes to the gentleman from North support. I hope you will. this bill. Dakota (Mr. POMEROY). Mr. PEARCE. Mr. Speaker, I would We simply must stop posturing po- Mr. POMEROY. Mr. Speaker, I’m yield 3 minutes to the gentleman from litically and must really start devel- from North Dakota. I can understand Texas (Mr. BARTON). oping good, sound public policy. The why someone from Virginia would Mr. BARTON of Texas. Mr. Speaker, way to do that, in my opinion, would want the State of Virginia to get a lot I would point out for those States that be to defeat the base text, to vote for a of money for drilling more than 50 are not coastal States, if they have motion to recommit or to send the miles out, but you know, from where I Federal or State lands that have min- whole thing back and start over, I come from, when you’re past 50 miles eral development or hydrocarbon de- guess, next week with a clean sheet of off the coast, I’m not thinking of Vir- velopment, those States do get a roy- paper. ginia; I’m thinking of ocean. When alty share if it’s public. Now, if it’s on Vote ‘‘no’’ on the bill that’s before you’re dealing with leases owned by private land, then the royalty goes to us. the United States of America, I think the private landowner, but if it’s on Mr. RAHALL. Mr. Speaker, I yield 2 of resources that ought to come to the public land—State or Federal—and it’s minutes to the gentleman from New United States of America. on an onshore State, there is a royalty York, a valued member of our Natural By the time this administration is that the Federal Government pays to Resources Committee, Mr. HINCHEY. done bailing out Wall Street, we may the State. Mr. HINCHEY. Mr. Speaker, I want be looking at a fiscal deficit this year We are here this evening because this to express my appreciation to Chair- of $500 billion. Sure, it would be nice to is the climactic day, apparently, or man RAHALL for his leadership and for just cut a big, old slice and give it to evening on whether we’re going to have the good job that he has done with this States here or to States there, but a domestic energy production program bill and to Speaker PELOSI for her lead- what about the Federal Treasury for for America that comes out of this ership in putting this together. heaven’s sake? Congress. The bill before us pretends to It has taken some time, but never- I’m from a State that has got some be just that bill. theless, we have now a good, forward- oil. I’m very proud of what’s going on The problem is in section 101. The looking piece of energy legislation, and in North Dakota. We’ve got a play first title of the bill is a leasing prohi- it’s high time. We know that we have, called the Bakken shale play. They es- bition bill. There are so many prohibi- roughly, 3 percent, actually less, of the timate there are 4 billion barrels of re- tions throughout the bill that, in point known oil reserves around the world,

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00108 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.003 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19292 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 September 16, 2008 and we are now importing about 70 per- friends on the other side until 10 Let me just remind my colleagues on cent of the oil that we’re consuming. o’clock last night. The bill was filed by the other side of the aisle, when this Obviously, just those numbers tell us dark of night, no inclusion of the mem- bill passes and when it becomes law, clearly that we have to be moving in a bership on the other side, no bipartisan after passage of the Democratic energy different direction. agreement. And yet now the bill is bill, 85 percent of the total oil avail- So this bill makes it a lot easier for going to be thrown up here with no able offshore will be open for explo- us to drill for our own oil, and it makes ability to offer amendments to the ration and drilling. My colleagues on that oil more accessible. Already we’ve most important issue facing our coun- the other side simply can’t take yes for seen what has happened. The price of a try today, and that is solving this na- an answer, and I am perplexed by that. barrel of oil has dropped down by more tional energy crisis. We continue to come back, and I than 30 percent even though a price of If you want to complain about Big know that my friend Mr. FLAKE made a gallon of gasoline has dropped only Oil profits, you know how you can reference once again, to a provision in by 12 percent, which is interesting lower the profits of oil companies? You this bill that would restructure the 9/11 since the oil companies are continuing can increase the supply of American New York Liberty Zone bonds. We had to exploit the situation. oil, which will immediately reduce the a more extensive debate about this ear- The fact of the matter is and, I price of gas at the pumps. And, by the lier today, and I don’t want to nec- think, one of the main parts of this bill way, then their profits fall down. essarily go back into that. which really needs our attention is the But we need to be mostly concerned But I think it is important to note about what we can do to help the way in which it is moving us toward for the record, on May 15 of this year, American consumer, and that means energy independence, energy independ- under questioning within the Ways and increasing the American supply. This ence on alternative renewable energy, Means Committee, the Deputy Assist- bill does nothing to increase American which this bill opens up in a way that ant Secretary for Tax Policy, Karen has never been opened up before. That supply. And you don’t have to just ask me, you don’t have to ask my Repub- Sowell, stated that the President is extremely positive and very good for would oppose earmarks, but supports us. lican colleagues. You can ask my Democratic colleague, Senator restructuring the New York Liberty What we really need here is a new in- Zone bonds and that the language industrial revolution, an industrial revo- LANDRIEU, across the aisle; Senator LANDRIEU, who said this bill, the Demo- cluded in his budget reflects that, that lution which will enable us to develop this is not an earmark. all of the energy that we need from crat House liberal energy bill, is dead on arrival in the Senate because of the Once again, I repeat: The 9/11 restruc- solar, from geothermal, from wind. provisions in the bill that literally will turing money is not an earmark. It is b 2015 allow no drilling to occur to help in- part of the $20 billion that you, that I think solar is the primary way, and crease American supply, to reduce our we, promised New York after the at- that has been obvious to a lot of peo- dependence on Middle Eastern oil. tacks of 9/11, $18 billion of which has al- ple, including somebody like Thomas Now, if you want to be relying on ready been delivered, or thereabouts. $2 Edison in 1933, who said it very clearly OPEC, this is your bill. This is the bill billion has yet to be used, and, quite back then, solar energy is the one reli- that takes away all of our leverage so frankly, in the form it is in today, is able form of energy. It ought to be in- that we can finally tell OPEC we are not usable, and that is why we are creasingly clear to all of us now. And moving away from our dependence on doing this. This is not something new. this bill opens that up. It is going to Middle Eastern oil, we are not going to We have already passed this four pre- make solar energy real, significant, need you anymore, and then we have vious times. We just have not yet been less expensive, and move us toward en- the money from all the billions that able to get it enacted into law. So I would just remind my colleagues ergy independence. And at the same will be generated to bridge ourselves into all of the renewables we are trying once again that this is not an earmark. time it does that, it will have a very to achieve in the American Energy In fact, your former chairman of the positive effect on our economy. The Act. Ways and Means Committee, Mr. likelihood is over a relatively few This bill won’t get us there, though, Thomas, he is the person who put this years, if we do this properly, solar en- because by taking away revenue shar- into law. We are trying to fulfill a ergy will produce more than 1 million ing, which, by the way, for States like promise that you made. jobs in America. Louisiana is what we would use to re- So I thank you for the job that you Mr. PEARCE. Mr. Speaker, I would store our coast, which is our barrier yield myself 15 seconds before yielding have done. You are finally moving us against hurricanes. Why would they in the right direction. 5 minutes to the gentleman from Penn- want to take away the money that we sylvania (Mr. PETERSON). Mr. PEARCE. Mr. Speaker, I yield would use to protect us from future myself 15 seconds prior to yielding to I would again point out that there is hurricanes? That is one of many rea- more stimulation for bicycles in this Mr. SCALISE 2 minutes. sons why this bill is clearly dead on ar- I would point out, Mr. Speaker, that bill than there is for nuclear power. rival in the Senate. They don’t want to That indicates this new direction we the carbon footprint of solar is tremen- pass a bill if this is the only option dously higher than that of wind. It is are being taken by the majority. they are going to put on the table. Mr. Speaker, I yield 5 minutes to the exponentially higher than the carbon Bring back the American Energy gentleman from Pennsylvania (Mr. PE- footprint of nuclear. So while we are Act, a truly bipartisan bill, and let’s trying to clean up the environment, we TERSON). solve this crisis together. Mr. PETERSON of Pennsylvania. I are dumping now solar carbon into it. Mr. RAHALL. Could I have a time want to thank the gentleman for yield- Mr. Speaker, I yield 2 minutes to the check, please, Mr. Speaker? gentleman from Louisiana (Mr. The SPEAKER pro tempore. The gen- ing, and I want to thank all the Mem- bers of this body for participating. SCALISE). tleman from West Virginia has 191⁄4 Mr. SCALISE. I want to thank my minutes remaining, and the gentleman Those of you that have been down here colleague. from New Mexico has 22 minutes. for hours, I want to thank you. I want I am glad in one sense that we are fi- Mr. RAHALL. I have the right to to thank my friend Mr. ABERCROMBIE nally having a real debate with people close, I assume? from Hawaii, who has worked at my on both sides of the aisle. For the last The SPEAKER pro tempore. Yes. side for half a decade, bipartisanly, to 5 weeks, Republicans have been here Mr. RAHALL. Mr. Speaker, I yield try to figure out how we can make debating this issue. For the last 4 11⁄2 minutes to the gentleman from New America energy independent and open months, we have actually had a pro- York (Mr. CROWLEY). up the resources that we have. posal on the table. Mr. CROWLEY. I want to thank my How can the most powerful country What is very unfortunate is we friend, Mr. RAHALL, for yielding me in the world allow itself to be in a posi- hadn’t seen a formal proposal by our this time. tion where its energy prices depend on

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00109 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.003 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 19293 three things that they have no control came here, we are kicking the ball to gress of the United States. Of course, over? We just faced one, and we dodged the State legislatures. It is Congress’ he is doing it always for the right rea- a bullet again from major damage; role to provide energy for America. We sons, for somebody else, and, of course, storms in the gulf. They happen most are saying to State legislators, vote to we hope that your wife, JOHN, is going years. It will depend on that whether open up. We are not going to give you to be well. I send her greetings and love we have available affordable energy. royalties. There is no win in it for you, and affection tonight, the love and af- The stability of the 13 largest oil but you be statesmen. You take on fection we bear for you. You make the companies in the world, all bigger than that environmental lobby and you open word ‘‘honorable’’ mean something Exxon, unstable countries, non-democ- that land up, because we won’t. very deep and real in this House. racies who have governments that tip Yes, prior to this bill, the ANWR In- I see Mr. BISHOP and others. Mrs. over often. And if any one of them tips terior bill was available, and for the DRAKE was here. There are so many and produces two or three million bar- last number of years I forced many of names we were working with: JIM rels less oil, there is a shortage of oil in you, and some of you groaned, to vote COSTA and DAN BOREN, BILL FOSTER, the world. on whether we continued the morato- TIMMY WALZ, TIM MURPHY. So many And then we have been lucky that rium. people. I am going to risk hurting peo- terrorists have not yet attacked our Fourteen Congresses and three Presi- ple’s feelings if I don’t name every- energy system. It is so vulnerable. dents have not adequately valued en- body. But I have got to say DAN BUR- How did we let ourselves get there? ergy availability for America. There is TON or he will yell at me. So many Well, most of our lifetime, in fairness lots of blame to go around. Let’s stop folks. JEFF MILLER, so many. NICK to the former Congresses, energy was blaming each other here. LAMPSON, he is down there tonight. cheap, $2 gas and $10 oil. A spike in the Who are the losers? The working peo- The reason I bring all those names up seventies, a spike in the eighties, a ple of America, Mary and Joe, retired is that we are productive with H.R. 6709 spike in the nineties. We tried alter- seniors, living in a family homestead, I think because we got away from lob- natives, but they didn’t work, because struggling to have money for their byists coming in or corporations com- cheap oil ran them out of the market. automobile fuel and going to try to ing, advocacy groups, and we got away Folks, cheap oil is gone. Cheap nat- heat that big old home this year. Last from the leadership clash, if you will, ural gas is over. We are in a new era. year they kept it at 58. They don’t over who is going to get the House or We are sharing energy now with a know what they are going to do this who might not. whole part of the world that didn’t use year. In all honesty, I want to move this it before. We will soon not be the big- Jim and Nicole with three children. bill tonight. I agree, by the way, with gest user of energy. They have an eight-year-old vehicle DON YOUNG, I agree with what JOHN Twenty-eight years ago, we decided and a modest older home. They kept just said, what THELMA said, all the it was better to use theirs, not ours. We their home at 60 raising kids, and they folks over here on sharing the reve- started locking up our Outer Conti- don’t know how they are going to do it, nues. I think we didn’t have enough in- nental Shelf. A few years later we tried because their bills are going to be formation coming from the CBO on to open ANWR when it was starting to much higher this year. that. It looks now like we can put roy- get a little tighter, and a President ve- Then Margie, a single mom with a alties in and it won’t create a pay-as- toed it. About the same time, they set teenage daughter and a teenage son. you-go problem. one of the largest coal reserves in She drives 40 miles to work one way, There are a lot of things that can be America, I believe it was in the State that is 400 miles a week. That is really done, if we can move the bill along. of Utah, aside, as if it wasn’t impor- stretching her budget with these gas That is what I am asking, just move tant, millions of acres. prices. Her gas bill has gone from $175 this bill along. It is like JIM COSTA said More recently, in legislation that to $220 to $230. She has no idea how she earlier, a work in progress. Come on, slipped through and got signed, unfor- is going to pay it. there are very few rookies here, very tunately, we locked up shale oil, the The small businesses that employ the few rookies legislatively, even if you big new field that has awesome poten- bulk of our friends and neighbors are are just new in the body. We have got tial. struggling to pay their energy bill. four or five different shots at this in And the one that stuns me, the fast- Folks, we need to deal with this en- order to perfect a bill. est growing renewable, and I haven’t ergy issue, and we need to deal with it I wouldn’t vote for this bill if it came heard anybody mention it here, woody bipartisanly and get cost-effective en- back now and this was conference bill. biomass, 3.6 percent now. Woody bio- ergy for this country. I wouldn’t vote for it. But this gives us mass. Pellet stoves, wood waste for Mr. RAHALL. Mr. Speaker, I am very an opportunity to move this along. boilers, and we are hoping to do cellu- happy to yield 5 minutes to the gen- That is all I am looking for. And, be- losic ethanol from it. We have legisla- tleman from Hawaii (Mr. ABERCROMBIE) lieve me, the Republicans can claim tion that says wood waste from our and want to salute him not only as an they forced the Democrats to take it Federal lands can’t be used. extremely knowledgeable person on our up and they made their point, and the Tar sand oil, the new oil from Canada Committee on Natural Resources, but Democrats will claim that they went that we have built our refineries to one who has worked with us through- for the bigger national interest and use, we have legislation that is going out this process, has been involved acted in a nonpartisan way. to made it difficult to get that. every step of the way and has contrib- Every year since I have been here we uted magnificently. b 2030 have become 2 percent more dependent I just want to salute Mr. ABER- Everybody can make their political on foreign oil, and we will again next CROMBIE for his tremendous efforts on claims. But let’s keep this moving. We year. Unfortunately, this legislation behalf of this compromise bill. have been talking to SAXBY CHAMBLISS, locks up 97 percent of the west coast Mr. ABERCROMBIE. Mr. Speaker, I come on, a lot of us served with him energy availability. It removes the want to thank JOHN PETERSON as we here in the House; and LINDSEY part of the eastern gulf that is the move on this bill, whatever happens to- GRAHAM, he is our friend; BEN NELSON, most easy to obtain, close to where we night. I notice there are some Members MARY LANDRIEU. I told MARY, left a are producing today, where the infra- we have been working with. message, said, look, don’t say it’s dead structure is there and we can do it This is kind of an emotional moment on arrival. We are for the revenue shar- quickly. On the east coast, most of the for me, I will tell you, because one of ing. We can work this out. energy is between 25 and 50 miles out, the great sorrows that I am going to The American people will blame all and it is locked up. have out of this is not so much that of us. The American people will not say Then I guess the part that bothers our bill didn’t make it to the floor, but the Democrats have showed up the Re- me, I was a State legislator before I that JOHN PETERSON is leaving the Con- publicans, or the Republicans sure

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00110 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.003 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19294 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 September 16, 2008 showed the Democrats. They are going By eliminating revenue sharing for the ural gas and oil reserves are located within to blame the Congress, because they states in royalties for offshore oil and gas 50 miles offshore. If our goal is to increase want energy independence. We have to drilling while requiring states to approve the domestic production and increase our na- have it. drilling leases, the bill’s sponsors know it is tion’s energy security, we must not limit My plea to you is that we take this unlikely the states will bother to give their drilling to beyond the 50 miles. approval. Even Democratic Senator Mary IECA also encourages you to allow produc- bill and move it along and get it into Landrieu of Louisiana has said this bill ‘‘will tion access to the Alaska National Wildlife the Senate. We have nothing to lose not see the light of day in the Senate’’ Refuge. This is an area in Alaska that is the and everything to gain in terms of en- should it pass the House. size of the Los Angeles airport with tremen- ergy independence, number one; and, The bill prohibits drilling less than 50 dous known hydrocarbon resources that will number two, preventing the exporting miles offshore when the sponsors know that, significantly add to our national energy se- of needed American dollars from in- to give an example, 95 percent of the known curity. vestment in this country to import en- reserves off the coast of California are less IECA strongly oppose provisions that pro- ergy. That’s the reason that we need to than 50 miles out. vide monetary incentives and mandates to do this. Once again, as in other energy legislation, use compressed natural gas (CNG) as a motor We have got to get away from, I see the bill needlessly increases taxes that only vehicle fuel. The transportation fuels mar- there is something from the National serve to increase the cost of energy. The bill ket already has alternatives and is devel- will also increase electricity bills for the av- oping more options in which to fuel their Wildlife Federation, comes in today, a erage consumer by forcing utility companies market while home owners, farmers and lot of praise for the bill, but they don’t to use alternative fuels regardless of the manufacturers who use natural gas do not. like the oil shale provision, where it’s cost. This provision has already been re- This provision puts the transportation mar- an opt-in from the State, so they still jected by the Senate in a previous energy ket in direct competition for the same nat- kill the whole bill, kill everything be- bill. ural gas and will result in much higher cause there is something in it they The American people are demanding we prices. We urge you to delete this provision don’t like. We urge you to oppose it change our bankrupt energy policy which from your legislation. Later, after we have and the motion to recommit too. So we has prevented the U.S. from utilizing our had several years of increased natural gas end up with nothing. own resources and made us dangerously de- production such an initiative could be re-vis- Other people, we have been using pendent on foreign oil supplies from united. words like ‘‘hoax,’’ despite claims to friendly countries. They will not fall for a Increasing demand without first signifi- bill full of gimmicks which does not do the cantly increasing supply could devastate the the contrary, this is not a drilling bill. job. manufacturing sector that relies upon nat- Believe me, when the Speaker came We strongly urge a ‘‘no’’ vote on H.R. 6899. ural gas for both fuel and feedstock. We have around on this, and it’s one of the rea- Sincerely, lost over 3.0 million high paying manufac- sons I feel we should move forward LARRY HART, turing jobs since 2000 and high natural gas with the bill, the Speaker doesn’t want Director of Government Relations, prices have played a significant role. this bill, believe me. But she is not the The American Conservative Union. According to the Energy Information Ad- leader of the California delegation, she ministration, natural gas demand has grown is the Speaker of the House, and she INDUSTRIAL ENERGY by 9.8 percent since 2000 while production has feels that something has to move CONSUMERS OF AMERICA, remained flat despite record well comple- Washington, DC, September 15, 2008. tions. Production in 2000 was 19.2 trillion along, even if she doesn’t approve of Hon. NANCY PELOSI cubic feet versus 19.3 trillion cubic feet in most of the provisions that are in here, Speaker of the House, 2007. Recent growth in natural gas from if she had her own personal way. What Washington, DC. shale is encouraging, but this has not yet I am asking is let’s rise above the argu- DEAR MADAM SPEAKER: We thank you for shown sufficient production to accommodate ments. Let’s rise above the clash with placing domestic energy production at the the growing demand by the power sector let one another. top of the September legislative priorities. alone provide additional supplies for the I don’t say that for altruistic rea- Together, we must act to solve our energy motor vehicle industry. sons, I say it for practical reasons, crisis that is impacting every American and Congress has a history of passing mandates practical legislative reasons. We will threatens the competitiveness of our manu- that increase demand for natural gas while not be forgiven by the people of this facturing sector. On behalf of the Industrial simultaneously failing to put in place a long- Energy Consumers of America (IECA), we term framework to increase production—this Nation if we are not able to move an look forward to working with you to in- must change. Federal mandates such as the energy bill to the Senate so we have a crease domestic production of affordable and low-sulfur fuels standard and the biofuels fighting chance to try and work the reliable energy and to increase conservation (ethanol) mandate both increased demand legislative process here. Let’s not have and efficiency across all sectors of the econ- for natural gas. And, pressure to reduce the kids that come to visit us every omy. greenhouse gas emissions has resulted in a 35 day, the people who come to our office The Industrial Energy Consumers of Amer- percent increase in natural gas demand by sincerely asking us for our help, look ica is an association of leading manufac- the power sector. Together, the increases in at us and say they couldn’t do the job turing companies with $500 billion in annual demand and resulting higher price signifi- sales and with more than 850,000 employees cantly contributed to the erosion of US man- that they were sent here to do. nationwide. It is an organization created to ufacturing base since 2000. Mr. PEARCE. Mr. Speaker, I submit promote the interests of manufacturing com- IECA does not support the federal Renew- for the RECORD three letters of opposi- panies for which the availability, use and able Portfolio Standard (RPS). Incentives, tion for this bill from The American cost of energy, power or feedstock play a sig- not mandates are the appropriate way to in- Conservative Union, Industrial Energy nificant role in their ability to compete in crease the nation’s supply of renewable en- Consumers of America, and the Na- domestic and world markets. ergy. States that have abundant renewable tional Association of Manufacturers. As significant consumers of energy, our energy resources have enacted programs DEAR REPRESENTATIVE PEARCE: On behalf competitiveness is largely determined by the while those not endowed have not done so for of the American Conservative Union, I urge cost of energy and especially natural gas and good reason. A federal RPS would have a you to vote ‘‘NO’’ on H.R. 6899, the so-called electricity. Given this, we have reviewed key devastating impact on the global competi- ‘‘Comprehensive American Energy Security components of your legislation and offer the tiveness of the pulp and paper industry that and Consumer Protection Act,’’ a 290 page following comments. uses biomass as a feedstock and fuel. We bill put on the floor with less than 24 hours Your legislative provision to open the urge you to delete this provision from your notice under a closed rule with no room for outer continental shelf (OCS) to drilling is a legislation. amendments. bold positive step and we applaud you for it. For both cost and security reasons, it is When we were kids, we all played a vari- However, unless modified, it will not result important the Congress support research and ation of the game ‘‘Let’s Pretend’’ in which in increased offshore production. To increase deployment of carbon capture and sequestra- we pretended to do something or be some- production, either remove the provision that tion (CCS) technology to use our vast coal body knowing it was make-believe. The au- requires a state to approve drilling in their reserves. IECA is troubled with this provi- thors of this bill are playing ‘‘Let’s Pretend’’ offshore areas or provide royalty incentives sion because it increases the price of elec- with the American people, pretending they to states who agree to allow drilling. Also, tricity to us and to consumers thru a wires are passing a bill to increase domestic en- the 50 mile requirement is problematic be- charge. It is essential that the provision be ergy production when they know it will do cause according to the Minerals Manage- modified to ensure that the wires charge be no such thing. ment Service 80 percent of our known nat- paid for by ‘all’ consumer classes and that it

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00111 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.004 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 19295 specifically designate that no less than 10 China gets it, how come we don’t? Ev- that very deep, deep production, and percent of the revenues be directed for indus- eryone in this country is worried about we hear constant complaining and ac- trial applications for CCS. our jobs disappearing to China. They cusations. Thank you for considering our views and are worried about our standard of liv- That stimulation to deep, offshore we look forward to working with you. production is increasing our capability Sincerely, ing decreasing. They are worried about PAUL N. CICIO, the ability to pay for their kids’ col- to produce our own jobs and our own President. lege, and we are sitting here saying energy. We are sending over $600 billion ride a bicycle, drive a solar car. a year out this country to other coun- SEPTEMBER 16, 2008. With all due respect, I wonder if the tries. We are providing jobs for them, DEAR REPRESENTATIVE: The National Asso- Speaker is going to leave tonight in a and we are not providing jobs here. ciation of Manufacturers (NAM), the nation’s black solar limousine. I wonder if the If we reinvested, and if we invested in largest industrial trade association rep- Speaker has a nuclear car. I wonder if our local oil and gas economies, we resenting small and large manufacturers in could produce at least a 6 percent rate every industrial sector and in all 50 states, the Speaker has a wind-powered car. We are dealing in gibberish here while of growth in this economy just by that. urges you to oppose the Comprehensive Forget the other services that are American Energy Security and Consumer the American people are suffering and Protection Act. while our economy is suffering, and going to come along with just the $600 We are encouraged that the House of Rep- why are we doing it? billion. We are making foolish, upside- resentatives has taken steps to craft an en- I will tell you, I watched in the 1970s down decisions here, and this Nation is ergy bill that will result in measurable en- as this Congress began to do things to going to pay for it. Small businesses ergy efficiency gains and renewable energy kill an industry, the timber industry. are going to go out of business. We are incentives. We also recognize the important seeing the difficulty that we have com- attempt to expand domestic energy develop- There were 20,000 jobs in New Mexico in the timber industry, and this Congress peting worldwide, and this Nation is ment in the Outer Continental Shelf (OCS). going to see a decline in the standard While we support an increase in domestic en- at that time eliminated those jobs by ergy supplies, we have serious concerns that killing the industry, allowing litiga- of living because of decisions that we without any state revenue sharing mecha- tion to stop every single project. There are making here. nisms it is highly unlikely that states will is nothing in this bill to stop litiga- Last December, we made a decision ‘‘opt-in’’ to leases and the result will be no tion. to put all shale off-limits, 2 trillion new access. I think that Americans are tired of barrels of shale. The American country Moreover, the NAM strongly opposes provi- watching special interest groups bring has not used 1 trillion of shale, of oil, sions in the bill that would: litigation to stop drilling, to stop min- since our inception, and we put 2 tril- Increase taxes on energy producers, includ- lion off-limits. Then we come into this ing ending the Sec. 199 deduction for certain ing, to stop oil and gas, to stop timber, producers and limiting it for others and re- to stop everything. They stopped con- bill and we sort of tickle around with it stricting the use of foreign tax credits. This struction projects. and say, well, maybe you can if your will directly add to the costs to energy pro- I think the American people are State says you can. duction, discourage new domestic oil and ready to take back this country from Where else do we allow the States to natural gas production and make domestic the extremists who obstruct our way of say, no, you can’t produce those Fed- energy investments less competitive eco- life and who obstruct everything that eral assets. Where else do we give the nomically with foreign opportunities; States the veto power over our econ- Create a mandatory 15 percent federal re- we stand for. I believe in American exceptionalism, I believe in our ability omy and over the production of Federal newable portfolio standard. This provision resources? It just doesn’t make sense will directly add to the cost of electricity for to bring hope to the entire world. manufacturers and consumers by mandating Everyone wants to come to this Na- what we are doing here tonight. a renewable standard in regions of the coun- tion to find their hopes, and we are liti- It does not make sense that we don’t try that do not have adequate resources to gating ourselves out of it. I don’t un- cure the litigation problems that are comply. In effect, it would translate into a derstand why this Congress and this going to kill our economy dead. It new tax on electricity, passed on to U.S. majority is making the stance that we doesn’t make sense that we are saying manufacturers and consumers. are not going to build nuclear. Instead, ‘‘yes’’ to bicycles, no to nuclear, no to While the NAM cannot support this legisla- that easy to get to oil off the coast, no tion and urges its defeat, we are prepared to we want you to ride your bicycles. Oh, by the way, we are going to tax to clean-coal technology. We are say- continue to work with Congress to advance ing ‘‘yes’’ to the extremists and ‘‘no’’ energy legislation that lowers costs for man- those American jobs. We are going to ufacturers and promotes energy security . tax them out of existence if we have to, to the American family. I think the American family is going The NAM’s Key Vote Advisory Committee because we have got a point to prove. to take note for a long time what we has indicated that votes on the Comprehen- That’s what I see in this bill. We are are doing here tonight. sive American Energy Security & Consumer going to tax American jobs, and we are Mr. Speaker, I reserve the balance of Protection Act will be considered for des- going to let that foreign gasoline come ignation as Key Manufacturing Votes in the my time. 110th Congress. Thank you for your consider- in here tax-free, so we are going to do Mr. RAHALL. Mr. Speaker, may we ation. that, but we’re going to get back at have a time check. I am prepared to Sincerely, somebody. That’s what I hear in this close on this side. JAY TIMMONS, bill. The SPEAKER pro tempore. The gen- Executive Vice President, We need every form of energy that we tleman from New Mexico has 11 min- National Association of Manufacturers. can get our hands on now, and, in the utes remaining, and the gentleman Mr. Speaker, I yield myself 6 min- future, our need for energy increases from West Virginia has 123⁄4 remaining. utes. dramatically. Why are we doing noth- Mr. PEARCE. We have two more We have heard my friend from Hawaii ing in this bill for clean coal tech- speakers. just compel us to vote for the bill. But nology? Why are we doing nothing in Mr. RAHALL. Mr. Speaker, I reserve with all respect, I would say that we this bill for the easy-to-get offshore gas the balance of our time. have constituents who are struggling and oil? Mr. PEARCE. Mr. Speaker, I yield 3 to make their budgets balanced. They We prohibit, forever, oil and gas that minutes to the gentleman from Florida have $4 a gallon gasoline, high cost of lies just off our shore. We say to the oil (Mr. YOUNG). food, increasing taxes, and we are tell- companies, you can go out there at 50 Mr. YOUNG of Florida. Mr. Speaker, ing them, ride a bicycle. We are telling to 150 miles, that ultra-deep stuff, when Puerto Rico kicked us out, yes, them we are not going to build nuclear that’s where the stimulations are right kicked us out of our training areas for power plants. now. There are no stimulations for on- the Air Force and the Navy in Vieques, China gets it. China is converting shore production. There are no stimu- we had to move that specialized type of from bicycles to nuclear, while we are lations for that shallow-water produc- training into the eastern Gulf of Mex- converting from nuclear to bicycles. If tion. The only stimulations are for ico. We established a military mission

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00112 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.004 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19296 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 September 16, 2008 line and said there would be no drilling Mr. Speaker, I reserve the balance of energy bill. The country is caught up platforms or drilling ships there be- my time. in a heated Presidential campaign. cause it would not be compatible with Mr. PEARCE. Mr. Speaker, I would Voters are furious at high gas prices. the type of training. recognize Mr. BROWN for 2 minutes. Republicans are happily pandering to The type of training that we are Mr. BROWN of South Carolina. I ap- that anger, while the Democrats fear doing there with the Air Force and the preciate the gentleman yielding. it. And at the end of this month, just Navy aviation, as well as the naval sur- Mr. Speaker, the argument that we before Congress heads home for the face ships are hypersonic weapons, su- have today is an argument that we election recess, the long-standing mor- personic aircraft, long-range missiles, have been discussing for a long, long atorium on offshore drilling is sched- stand-off missiles like AMRAAM, and time about our energy and energy inde- uled to expire—providing an oppor- we are talking about Patriot missiles. pendence. tunity for more grandstanding.’’ We are talking about all types of ord- We recognized, this past week, when The editorial continues that ‘‘these nance being used to train our pilots the storm went through Houston, that are not sensible times, which means and our ship crews, a very specialized we found another problem that we had. that Congressional Democrats, particu- training. We were concerned about the price of larly House Speaker Nancy Pelosi, For those of us who are determined gasoline. must try hard to make the best of a to make sure that our forces have the Now we are concerned about the bad situation. best training possible, this is the only price, not the price, but the avail- ‘‘The situation, briefly, is this: the place, according to a briefing that I ability. What we need is more supply if Republicans have been bludgeoning the had with the Deputy Secretary of De- we are going to compete in the world Democrats with the claim that Demo- fense this week, the Air Force this arena. cratic opposition to offshore drilling is Some 70 percent of our energy today week, the Navy this week, this is the to blame for high fuel prices and that is coming from foreign sources. If you only place east of the military mission drilling is the answer, or one answer to have been following the dialogue on the line where this type of training can the country’s dependence on foreign world market, Russia now controls take place in America. oil. So those who are concerned, those of most of the natural gas going to the ‘‘We find it hard to imagine that they us who are concerned about this, are European nations. really believe what they say. Drilling You notice from time to time there is curious as to what will the motion to will have no impact on fuel prices for a threat to cut that supply off. One day at least 15 years, if then, and any num- recommit have to do or speak to this that’s going to happen to America. ber of efficiency measures will do more area east of the military mission line? With 70 percent of our energy coming It’s very important to us. It’s very to reduce the country’s dependence from offshore from people that don’t than drilling for America’s modest off- important to our national security and like us, we are going to have the same shore reserves. But the chant of ’drill, to those fighter pilots who are going to problem one day, a supply problem. baby, drill!’ is playing far too well on be doing their training here before they Just like we had back with the oil em- the campaign trail for the Republicans get into a combat situation. bargo in the 1970s, the same situation to let the facts get in the way. Mr. BOEHNER. Will the gentleman is going to happen to us, even as we see ‘‘The Republicans have offered bills yield? some families now going to stations, that would provide broad access to the Mr. YOUNG of Florida. I will be and they say ‘‘out of supply today.’’ Outer Continental Shelf and in one happy to yield to the leader. The bill we are looking at today con- case allow drilling as close as 12 miles Mr. BOEHNER. I thank my colleague cerns me. I represent the coast of from shore. So Ms. Pelosi is taking no for yielding. South Carolina, some of the prettiest chances. As early as Tuesday she is ex- Mr. Speaker, it would be our inten- beaches in all the world. We would love pected to unveil what she advertised as tion in the motion to recommit to pro- to say there are alternate ways to find a grand compromise. The bill would tect this military mission area. our energy solutions, but we are will- allow drilling in all of the Outer Conti- After we lost our training area off ing, in South Carolina, to pay the nental Shelf beyond 100 miles offshore the coast of Puerto Rico, I think all of price, just like in Louisiana, just like from States that permit it.’’ us understand how important this area in Texas, just like some other places, The bottom line: ‘‘Ms. Pelosi’s com- is to the training of our war fighters California and other places, that are promise deserves support. If it fails, and the fact that it needs to be pre- using their energy resources to help the Democrats must fight to renew the served for that purpose. cultivate the economy of this great Na- moratorium. Otherwise, there could Mr. YOUNG of Florida. I want to tion. well be oil rigs within 3 miles of Amer- thank the leader. This is important to ican shore.’’ most of us and to our military. So I b 2045 Thank you, Mr. Speaker, and thank thank the gentleman for his response. We recognize if we don’t do all of the you to the New York Times. Mr. RAHALL. Mr. Speaker, I yield above, we are going to find ourselves in Mr. PEARCE. Mr. Speaker, I yield 1 myself 1 minute. a Third World situation. We need nu- minute to the gentleman from Cali- Mr. Speaker, I appreciate the com- clear power. We need wind, we need fornia (Mr. CALVERT). ments of the gentleman from Florida solar power. But we also need gas and Mr. CALVERT. Mr. Speaker, the and his concern for the area off his oil. Gas is one of the best fuels we can American people have made it clear coast, and I appreciate the minority find. We can burn it in our automobiles that they support all-of-the-above en- leader’s comments in response that he and we can burn it in our power plants. ergy solutions that increase the pro- would be protected in the motion to re- It is a clean-burning fuel, and we have duction of American-made energy, in- commit. We do protect him in this bill. an unlimited reserve off the Outer Con- cluding offshore energy. Unfortunately, We met with the Florida delegation. tinental Shelf. We need to be able to the Democrats’ so-called energy bill is We are perfectly aware of the concern access those resources. anything but an all-of-the-above en- of the Department of Defense to this Mr. RAHALL. Mr. Speaker, I yield 2 ergy bill. particular area, the military training minutes to the gentleman from Ten- The Democrat bill claims to expand and equipment training that takes nessee (Mr. COHEN). offshore drilling, and yet it expands place therein. We are preserving exist- Mr. COHEN. Mr. Speaker, I wanted to drilling in areas where there isn’t any ing law in our bill, which holds that reference today’s New York Times edi- oil. area off-limits to drilling unless there torial, not a Member of this body but The energy bill also requires the is a memorandum of understanding be- the editorial page. It is titled, ‘‘Ms. States to opt in to allow offshore en- tween the Secretary of Defense and the Pelosi Compromise.’’ ergy exploration off their coast. How- Secretary of Interior. That is the cur- ‘‘This is obviously not the best mo- ever, it doesn’t even provide them with rent law that was enacted in 2006. ment for Congress to rush through an a share of the royalty revenues.

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00113 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.004 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 19297 I think the American people would My comments on this last 1 minute drilling for every amount of oil that we agree that we should be providing are more on the process. I have spoken can find here to create American jobs coastal States with incentives to at length on the policy, or lack thereof. and to stop spending $700 billion over- produce energy, not discourage them. I I thought it was ironic that we had seas, we are limiting our ability to strongly oppose any effort to treat Congressman ABERCROMBIE and Con- produce here. California as a second-class State, and gressman PETERSON on the floor earlier We were told 2 years ago that we I am frankly surprised that the Speak- speaking about their efforts to come up were going to see a plan, and tonight er would support a bill that denies our with a bipartisan compromise bill. I we were told we have new ideas. Those State royalty revenue benefits that think they made a noble effort. new ideas are riding bicycles and kill- other States currently enjoy. I went to JOHN DINGELL, the chair- ing the American economy with higher This bill does nothing to increase man of the Energy Committee, and fuel prices, hurting the American fam- production of nuclear power, nothing asked if he would like to work with me ily with continued restrictions of sup- for hydropower, and nothing to in- on the Energy and Commerce section plies, putting ourselves strategically at crease refining capability. This bill is of the bill; and he said that, quite risk by selling off the Strategic Petro- hardly change we can believe in. In frankly, he wasn’t able to do that. leum Reserve. fact, this bill isn’t change at all. I just asked DON YOUNG if he was ever Mr. Speaker, I request that all Mem- Mr. RAHALL. Mr. Speaker, I am pre- asked by Mr. RAHALL to work on a bill bers, Republican and Democrat, vote pared to close, so I reserve the balance in his committee, and Mr. YOUNG said ‘‘nay’’ on the bill in front of us tonight. of my time. that never happened. Mr. Speaker, I yield 1 minute to the Mr. PEARCE. How much time re- My guess is that if I asked JIM gentleman from Ohio (Mr. BOEHNER). mains? Mr. BOEHNER. Let me thank my The SPEAKER pro tempore. The gen- MCCRERY, the ranking member of the Ways and Means Committee, if he was colleague for yielding. Let’s just stop tleman has 51⁄2 minutes remaining. Mr. PEARCE. Mr. Speaker, I yield 1 asked by Mr. RANGEL, the chairman, and think for a moment about what minute to the gentleman from Texas that Mr. MCCRERY would also say that our constituents are dealing with to- (Mr. GOHMERT). he was never asked. night as we stand here. They have got Mr. GOHMERT. Mr. Speaker, we The point of fact is we have a 290- concerns about the economy, concerns know that litigation has been stopping page bill that is being voted on the day about keeping their own jobs. They all of the attempts at drilling and will after the evening it was introduced. have concerns about whether they are continue to do so unless there was There is no way you can have a sub- going to be able to put gas in their car something in the bill to end the litiga- stantive vetting, debate on this mas- tomorrow considering the high price of tion. So we know that is going to stop sive amount of legislation in less than gas. Or we have the home heating crisis it. We know that this bill has an opt-in a 24-hour period. And none of the rel- about to come to us as they are filling for States but won’t give them a dime evant committees on a bipartisan basis their propane tanks and oil tanks and of revenue so they are not going to opt have held a markup, have held a hear- looking at the heating bills that are in. ing, any kind of a legislative drafting coming this winter. So what this has become is akin to session at all. And yet we are asking And what are we doing? We are sit- what I saw this weekend after the hur- the 435 Members of this body and the ting here tonight in the middle of the ricane. On the radio and on the phone delegates that are allowed to vote on biggest hoax I have seen in the 18 years people were told that this gas station the floor to vote on the most impor- I have been in Congress. It is a sham, at such and such location now has gas. tant domestic public policy issue be- and everybody in this Chamber knows People would run down there only to fore this Congress. it is a sham. I know those are strong find it was out of gas. That is what this That is not fair to the American peo- words and words that I don’t use light- bill does. ple. It is a disservice to the process; ly, but I want my colleagues to con- Here is energy; people are going to and for that reason alone, the bill sider this for a moment. run out, and when they get there, they should be voted down. We have a bill here that purports to are going to find out there isn’t any. Mr. PEARCE. Mr. Speaker, may I in- be a compromise, but I don’t know one Mr. PEARCE. Mr. Speaker, I yield 1 quire of the time. Republican Member who was involved minute to the gentleman from Michi- The SPEAKER pro tempore. The gen- in one meeting with regard to this gan (Mr. MCCOTTER). tleman has 21⁄2 minutes remaining. compromise. It was written by the Mr. MCCOTTER. Mr. Speaker, two Mr. PEARCE. Mr. Speaker, I yield Democrat leadership that runs this quick points as the debate draws to a 1 2 Congress in the dark of night on a nap- close. First, I have to question again myself 1 ⁄ minutes. Mr. Speaker, this debate has pro- the use of the term ‘‘compromise.’’ The kin. It showed up here last night at use of the term ‘‘compromise’’ implies gressed for a long time, but made a 9:45, a 290-page bill at 9:45 last night that the minority party was consulted, very short distance. The American peo- that no Member had ever seen; and our advice was sought, that we could ple have a right to expect that we guess what, as we stand here tonight, channel the wishes and aspirations and would do our job, that we would do our no Member has read. voices of our people into this debate as job to ease the pain in their everyday All right, some Member, any Member the legislation moves forward. We were life. They have a right to expect that stand up and tell me you have read this denied that opportunity. Perhaps it we would increase the competitiveness bill. That is what I suspected. Not one would be best to clarify that this is a of American companies so that we are Member has read the bill that we are compromise amongst the Democratic able to hold a good, strong economy. about to consider. No hearings on the Party itself and not amongst the ma- They have a right to expect that we bill, no committee action, no one has jority and minority parties. would give fairness to all States. They read, and the bill purports, purports to Secondly, this bill continues to ra- have a right to expect that we would increase American energy. But I want tion energy. This is a government ra- use good common sense in establishing you to consider this: 85 percent of the tioning of energy, and at this point in this bill. known reserves off of our coast on the time when America needs energy pro- Mr. Speaker, we are failing on every Outer Continental Shelf, 85 percent at duction, it will not meet the needs of account in the bill that is before us to- a minimum are locked up permanently people who are suffering. night. When we should be establishing under this bill. And of the 15 percent Mr. PEARCE. Mr. Speaker, I yield 1 American dominance in the energy that are purportedly opened, the States minute to the gentleman from Texas field, we are saying ‘‘no’’ to nuclear would have to comply to open those (Mr. BARTON). and ‘‘yes’’ to bicycle power. When we Outer Continental Shelf reserves. But Mr. BARTON of Texas. Mr. Speaker, should be doing our job to find new there is no revenue sharing to the I want to thank the gentleman from clean coal technologies, we don’t even States like there is in Texas and Lou- New Mexico. mention them here. When we should be isiana and Mississippi and other areas.

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00114 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.004 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19298 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 September 16, 2008 There is no revenue sharing, so the understand this bill doesn’t do any- speaking, another Member crossed States have no incentive to want to thing about bringing us any closer to across the well. That is not supposed to open up the Outer Continental Shelf. energy security. happen, and the Chair would ask all So how much new drilling will we get In a few minutes, we’re going to have Members to remember that and honor out of this bill? Zero. It is just zero. an opportunity for all of the Members it in the future. And there isn’t a Member in this body on both sides of the aisle to do some- Mr. RAHALL. Mr. Speaker, I yield who doesn’t know it is zero. So when I thing of substance. The motion to re- myself the remainder of my time. call it a hoax or a sham, I think you all commit tonight will be the Aber- Mr. Speaker, my colleagues on both understand what I am trying to say. crombie/Peterson bill. No changes. No sides of the aisle, this has been a good No new nuclear plants in this bill, no tweaks, no nothing. And it’s painful. debate that we’ve conducted today. It’s new oil shale drilling in this bill. No And it may not be everything that I been a debate that as we’ve heard for clean-coal technology in this bill. We want, but let me tell you, this bill is a several months over the last time pe- are the Saudi Arabia of the world when bipartisan bill worked on by serious riod in this body, we’ve had extensive it comes to coal. We have clean-coal Members from both sides of the aisle. debates in the House over the energy technology. Whether it is coal to gas, It’s a bill that does do all of the above. issue. We’ve had it on the House floor coal to liquid, we have ways to use our It gives us more drilling for oil and during consideration of various energy coal in a clean way. Nothing in this bill natural gas in an environmentally sen- bills. We’ve had the debate during 1- will allow it to happen. sitive way off our coast. It does allow minutes. We’ve had it during Special What does it have in it? It has a big revenue sharing, revenue sharing to Orders. We’ve had it on bills that we’ve old tax increase in it; you can be sure the States so they have an incentive to considered that have had nothing to do of that. participate in helping to open up this with energy, and we’ve even had a de- What else does it have in it? It has a area off our coast. It’s got new nuclear bate when the House was not in ses- big earmark in it: $1.2 billion for the in it. It’s got oil shale drilling in it. It’s sion. We’ve heard repeatedly that the Re- City of New York on behalf of one got clean coal technology in it, and it’s publican Members want a straight up- Member in this bill. Here we are trying got a lot more money than the Demo- or-down vote. That’s what we’re giving to take some steps toward energy secu- crat bill when it comes to putting them by this rule today, and we’re rity, and we have to load it up with a money into renewables, trying to speed about to near that point. up their development to bring those re- big old earmark, $1.2 billion. It’s regrettable that oftentimes the newables to market as soon as possible. A compromise, huh? This is no com- debate today has used the words hoax, And so we’ve got a chance to do the promise. The compromise might have sham, bait and switch, not serious, po- right thing tonight for the American been amongst a bunch of Democrat litical gains, and I could go on and on people. We can show them, once and for chairmen who wanted to have some about the venom that has been spewed all, that we can work together across bill, but there is no compromise here. from the other side. When it comes to the aisle. We can show them that we Let’s just describe this bill for what political games and the bait and switch can do something to move our country it really is. It is nothing more than po- tactics that we’ve been alleged to be toward more energy security, because litical cover on the eve of an election employing, I would say what is wrong to say that we voted for an energy bill, most Americans understand that en- when we’re trying to represent the cry- except there is no energy in it. ergy security is paramount and is, in ing need and the desperate need of the Congressional approval today is at effect, our national security. American people. the lowest point in any time since poll- This bill that we’re going to bring up We are politicians in this body. We ing began, and our Members wonder under the motion to recommit will cre- know what the art of compromise is all why. ate a million new jobs here in America. about, or at least we should know what And with all the talk about a stimulus b 2100 the art of compromise is all about. We bill, the greatest stimulus we could know the diversity that exists within And it’s stunts like this that have give our economy is to create a million both sides, both caucuses in this body, the American people so cynical about new jobs, lower the cost of gasoline, and the diversity that exists among the their Congress. They expect that the lower the cost of heating oil, lower the American people. But we all are united. Congress is going to do something cost of energy that will actually even We all are united in trying to resolve about increasing energy security in our create more American manufacturing the crying need that the American peo- country; that we’re going to do some- jobs. ple are telling us today needs to be ad- thing about bringing down the high The question is, do we have the cour- dressed. cost of gasoline; that we’re going to do age to do the right thing? Do we have This bill has worked with both sides something about bringing down the the courage of our own convictions of the aisle. In working with Rep- high cost of heating oil or propane or about doing what we know that we resentatives ABERCROMBIE and PETER- natural gas this winter. have to do as a country to move our- SON, that has been working with the And what are we doing? selves toward more energy security? Or other side of the aisle. Playing political games on the eve of are we going to show our constituents We have also taken a lot of this lan- an election. that, once again, Congress is up there guage, not a lot of it, but elements of The American people understand playing political games with our fu- this proposal come from the so-called that 70 percent of our oil comes from ture? Senate Gang of 10 or 15, however many overseas. More than half of that comes It’s the American people. It’s their it is from the other body. Those that from OPEC, who’s considering lowering jobs. It’s their budget. It’s their con- say this is dead on arrival over there, I their production in order to maintain cerns. They send us here to represent think, are a little premature in their the high price of oil. We’re just tee- their interests, and it’s about damn predictions. tering, they’re just teetering with us, time that we represent their interests. In working with my colleagues that kind of have us on a string because, And by voting for the motion to recom- are cosponsors, Representative GENE over the last 30 years, my Democrat mit tonight we can show them that GREEN, Representative GEORGE MILLER colleagues have stood in the way of we’re working in a bipartisan fashion and Representative JOHN DINGELL, we more energy production in the United on their behalf. have certainly reached out. Speaker States. That’s why we’re in this box ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE PELOSI has been tremendous in her of that we’re in today. And we have a The SPEAKER pro tempore. The efforts, and as well as the leadership of chance to do something. We have a Chair would once again remind Mem- STENY HOYER, JIM CLYBURN, CHRIS VAN chance to move in the right direction, bers not to traffic the well while an- HOLLEN and RAHM EMANUEL, and I cer- but this bill isn’t it, and there’s not a other Member is speaking. While the tainly want to thank each and every Member in this Chamber who doesn’t distinguished minority leader was one of them.

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00115 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.004 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 19299 Charges have been made today that On the revenue sharing point, we This bill puts us on the path toward this bill does nothing to increase en- have not provided for revenue sharing energy independence. It protects our ergy production. Indeed, the minority in this bill because these are the peo- consumers. It provides transparency leader just said that. And I want to ple’s resources. These are the resources and accountability for the big oil com- quote, by the way, in an August 2005 that belong to the American people by panies. It strengthens our national se- debate on this floor, when Minority birthright and, therefore, the money curity, it helps reduce global warming, Leader JOHN BOEHNER said that the gained through royalties should be the goals and the key ingredients that GOP energy bill, remember that bill, shared with the American people, and are needed for a comprehensive na- the GOP energy bill of 2005 would bring revenue sharing is not a commonly actional strategy. down prices, writing, and I quote from cepted method of providing the reve- And I say to my colleagues, let’s look Minority Leader BOEHNER at that time. nues from royalty collection. I refer to forward of where this bill can go pro- ‘‘So what is being done to bring gas the OCS legislation passed in 1954 vided that there is that spirit of com- prices down? The Energy Policy Act of which provided for no revenue sharing. promise from the other side, from the 2005 is a balanced bipartisan bill that The only time Congress has provided other body and from the other end of will ultimately lower energy prices for for revenue sharing from these royalty Pennsylvania Avenue. And I think, consumers and spur our economy.’’ End leases is, as I said earlier, during Hurri- when all is said at the end of the day, quote from Minority Leader JOHN cane Katrina when the four States in- rather than shut the government down, BOEHNER addressing our energy con- volved were in dire need of help to get we will see that those in the middle, cerns on August 19 of 2005. back on their feet. So revenue sharing those who truly feel compromise is The results speak for themselves. is not provided in this bill because we part of the legislative process, that This legislation will increase domestic do not think a bribe is necessary for compromise is what the American peo- production of oil and gas. The offshore the States to opt in. The offer of new ple are yearning for these days, in drilling provisions opened up from 63 to jobs, a new economy and all the related order to meet their high energy costs, 80 percent. That’s 309 up to 404 million businesses thereto should be enough for that that is where we will be when all acres of land off the Atlantic and Pa- a State if they want to opt in to this is said and done on the pending bill. cific coasts that are currently off lim- program to provide them incentives to Again, I want to salute all of my col- its to drilling. It depends, of course, on opt in. leagues that have worked so hard on what the States decide. It goes beyond In regard to the fiasco that’s recently this legislation on both sides of the the bipartisan compromise proposal in been revealed to the American people, aisle. I do not ignore the fact that the Senate, opening up the West Coast what has taken place in the Office of there are certainly good-minded and and the Northeast to drilling. the Minerals Management Service in fair-minded and compromise-minded The offshore drilling provisions ex- their Denver office, these are public individuals on the other side of the pands oil available by at least 2 billion servants entrusted with fiduciary re- aisle. If only they were allowed to work barrels of oil, nearly 4 years worth of sponsibilities of ensuring that the their will as well. oil produced offshore in America and American people receive a just return So this is a good bill. I again salute enough to power 1 million cars for 60 for the use of their resources. everybody that has been involved, and years. It also makes available enough This legislation sets up ethical codes I ask for its passage and a defeat of the natural gas to heat 6 million homes for of conduct. It prohibits acceptance of motion to recommit. Mrs. MALONEY of New York. Mr. Speaker, over 42 years. gifts and ski vacations and other ex- Now am I going to sit here and say travaganzas that were being heaped I rise in support of H.R. 6899, and I thank that passage of this legislation is going upon these royalty collectors by big oil Speaker PELOSI for bringing it to the floor to bring down the price of gas tomor- companies. This Committee on Natural today. This Democratic energy plan increases do- row or next month or next year? No, Resources will have a hearing next mestic energy supply, ensures more renew- I’m not going to say that; just as the Thursday and delve further into these able energy and greater energy efficiency, and other side cannot say, no matter what hearings to see how much the Amer- protects the American taxpayers by making is in their recommittal motion, that is ican taxpayers were, once again, ripped sure that Big Oil pays their fair share of royal- not going to bring down the price of off by the big oil companies. In conclusion, Mr. Speaker, let me ties. gas tomorrow, next month or next year It takes strong action to lower the price at comment generally about this bill and either. the pump, free our nation from its reliance on We need a comprehensive energy the need to pass it this evening. It is a foreign oil, and create good-paying, green col- plan. This bipartisan effort, this, as we real comprehensive effort based on the lar jobs right here in America. will see by the final vote on this bill, need to move toward a comprehensive Quite simply, it is the American-owned, 21st shows that we are making efforts to energy bill. Are we all happy with this? century energy policy the country has been begin the road toward a comprehensive No. waiting for. energy package. We have provisions in As I said earlier, we are legislators. My Republican counterparts have been adhere for carbon mitigation, for carbon We know what the art of compromise vocating a ‘‘drill, baby, drill’’ approach, which capture and sequestration for those is, and we know that this is a com- supports any drilling, any where, any time, no who say there’s no coal. promise between the ‘‘no drillers any- matter the environmental consequences. We provide $1.1 billion of tax credits where’’ and the ‘‘drill everywherers.’’ Instead, H.R. 6899 offers a responsible for the creation of advanced coal elec- That’s what this bill is all about. compromise on drilling, with strong environ- tricity projects and certain coal gasifi- We cannot have opening all lands, all mental protections. cation projects that demonstrate the of our national monuments and other We don’t need ‘‘drill, baby, drill’ when we greatest potential for carbon capture areas in this country to drilling and be can have ‘‘change-baby-change.’’ and sequestration. Of these $1.1 billion fair with the American people. We That’s what this bill gives us. of incentives, $950 million would be must assure accountability. That’s Mr. GOODLATTE. Mr. Speaker, during the awarded to advance electricity projects what we’re doing with this legislation. month of August I was pleased to join over and $150 million would be awarded to As with all compromises, it does re- 130 of my Republican colleagues in Wash- certain coal gasification projects. Com- quire both sides to give. And in return ington to represent the American people on ing from a coal State, as I do, this pro- for a responsible opening of more of our the floor of this House. It is undeniable that vision is important. offshore areas for drilling, our bill re- the American people want us to develop our We also provide for the solvency for quires oil companies to pay their fair Nation’s resources. This is demonstrated in the Black Lung Disability Trust Fund share so that we can make a historic poll after poll and exemplified with the meet- in this legislation, something that is commitment to renewable energy fu- ings I have with my constituents. I always not inconsequential to those from coal ture and alternative fuels and jobs for hear: Congressman, we must do something States as well. our people. about energy costs!

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00116 Fmt 0688 Sfmt 9920 E:\BR08\H16SE8.004 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19300 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 September 16, 2008 When I heard that the Speaker had an- What’s even more troubling is the energy cent drop in both crude oil and gasoline prices nounced she would be bringing a bill to the resources this bill continues to keep out of the has been due to a reduction in demand. floor to allow us to expand energy production, hands of American consumers. The Demo- People are making these choices based not I felt that we had achieved success for the crats’ legislation prohibits environmentally re- only on the high price of gas, but also be- American people. Yes, the Speaker did hear sponsible exploration of American oil shale re- cause of a very real desire to wean our coun- the calls of the American people demanding sources unless states ‘‘opt-in’’ to such a sys- try off our dangerous addiction to imported oil. increased energy production, but she isn’t tem and the bill does not allow local commu- At current rates, that means a saving of 1.4 bringing a bill to the floor to expand energy nities to share in the revenues generated from billion gallons of gas a year, or 33.5 million production. Instead, she is bringing to the floor oil shale exploration. The Department of En- barrels of oil. As transit ridership continues to a sham piece of legislation that seeks to only ergy estimates that 2 trillion barrels of oil shale grow, we can expect even greater reductions give political cover to vulnerable Democrats exists within the United States, resources that in oil consumption and demand. According to who disagree with the will of the American the Majority does not seem to want to de- a recent study, if Americans used public tran- people. velop. sit at the same rate as Europeans—for rough- Some have cited how this bill opens up Furthermore, this legislation does not permit ly 10 percent of their daily travel needs—the areas of the Outer Continental Shelf, OCS. It responsible exploration of the Arctic National United.States could reduce its dependence on may technically remove some of the barriers, Wildlife Refuge, known as ANWR, in Alaska. imported oil by more than 40 percent. This but it does not include provisions to provide According to estimates by the U.S. Geological ‘‘mode shift’’ to transit should be a national the traditional revenue sharing between the Survey, ANWR holds between 5.7 and 16 bil- goal, and strategies to achieve it should be at Federal Government and States for the in- lion barrels of recoverable reserves, potentially the forefront of any well-rounded energy de- come generated from these developments. producing nearly a million barrels of oil a day. bate. What incentive do coastal States have to then Exploration and development in ANWR would Unfortunately, this lesson appears to be lost develop their resources? I represent a coastal open only 2,000 of the 19 million acres of the on the Bush administration. Although voters State, a State that has expressed strong inter- refuge, or the equivalent of an area one-fifth continue to approve state and local ballot ini- est in developing the resources on our OCS. the size of Dulles Airport in an area the size tiatives to support public transportation, the I think the Commonwealth of Virginia should of South Carolina. administration has opposed increased funding benefit from revenue sharing, just as Texas, This legislation does nothing to address the for transit to help public transit agencies keep Louisiana, Mississippi, and Alabama have. It is energy concerns of our country. This legisla- pace with the rising costs of fuel and the de- unfair for Virginia to be treated differently than tion only makes the situation worse and it is mand for more transit service. In fact, by these other States when sharing our re- the product of a flawed process that does not stressing the need for new transit projects to sources. have bipartisan support! If we really want to meet ‘‘cost-effectiveness’’ benchmarks above Sadly, this isn’t the only provision that will make our country energy independent, this all other criteria, the administration has stunt- unfairly harm Virginia. This legislation also Congress must pass an energy bill that allows ed or stifled altogether much needed growth in contains a one-size-fits-all Renewable Electric and encourages the development of our Na- transit. And this short-sightedness couldn’t be Standard. This legislation assumes that all tion’s resources. Americans are tired of Con- happening at a worse time. According to a recent study by the American States have the exact same amount of renew- gress playing politics when they are in des- Public Transportation Association, 85 percent able resources and can develop them, and perate need of relief from high energy costs. of public transit systems nationwide are expe- punishes them when they cannot with pen- It is time for Congress to get serious and allow riencing capacity problems due to the unprec- alties. The costs of energy due to the Renew- Americans increased access to their energy edented rise in ridership. The survey revealed able Electric Standard, as estimated by just resources. that 91 percent of public transit agencies re- one of Virginia’s many electric utilities, will in- Mr. OBERSTAR. Mr. Speaker, I rise today port that they are reaching the limit in their crease $900 million for its retail customers. My in strong support of H.R. 6899, the ‘‘Com- ability to add service to meet increasing rider- constituents are already paying high prices for prehensive American Energy Security and ship demands. Further, more than 60 percent energy; we don’t need to further increase Consumer Protection Act’’. This bill promotes of the transit systems report they are consid- these costs! The fact is Virginia does not have energy savings for all Americans and ad- ering fare increases and 35 percent are con- vances the national security interests of the as many wind and solar resources as other sidering service cuts, some for the second United States by reducing its dependence on states. In Virginia, we have a voluntary RPS time in less than a year. but our RPS contains nuclear and waste-to- oil. Just as high gas prices and the desire to energy, two things not allowed if this legisla- In particular, I am pleased that this bill incor- use less foreign oil are inspiring more Ameri- tion becomes law. porates H.R. 6052, the ‘‘Saving Energy cans to take the train or bus to work rather Proponents of this legislation will tout how Through Public Transportation Act of 2008’’, than drive alone, our Nation’s public transpor- green this bill is; however, if my colleagues which the House passed by a vote of 322–98 tation systems are facing budgetary night- really want to promote green energy they on June 26, 2008. The Committee on Trans- mares and high fuel prices of their own that should encourage the production of more nu- portation and Infrastructure also included may cause them to be unable to meet any fur- clear sites which provide CO2 emission-free these provisions in last year’s House-passed ther growth in transit ridership. This bill recog- energy. The rest of the world is far outpacing energy bill, but unfortunately, they did not be- nizes the importance of funding public trans- the U.S. in its commitment to clean nuclear come law. At that time, decreasing America’s portation to further our energy savings and se- energy. We generate only 20 percent of our demand for foreign oil was often lost in the de- curity goals. energy from this clean energy, when other bate, overshadowed by concerns over increas- Specifically, H.R. 6899 authorizes $1.7 bil- countries can generate about 80 percent of ing our supply. But decreasing demand is one lion over two years for grants to transit agen- their electricity needs through nuclear. It is a of the most immediate and effective ways we cies nationwide to temporarily reduce fares, travesty that this legislation does not once can deal with the high cost of gas and move expand services, or offset the increased cost mention or encourage the construction of America toward greater energy independence. of system and fleet maintenance to meet the clean and reliable nuclear plants. Nuclear en- Americans understand this. They are riding needs of the growing number of transit com- ergy is the most reliable and advanced of any transit more and driving less. Public transpor- muters. renewable energy technology, and if we are tation all across the country is seeing record It also allows transit agencies to use these serious about encouraging CO2-free energy ridership while the number of miles traveled in new grants to offset the increased cost of fuel use, we must support nuclear energy. personal automobiles is falling. Last year, or to acquire clean fuel or alternative fuel vehi- Furthermore, this legislation does not even Americans took more than 10.3 billion trips on cle-related equipment or facilities. In addition, address some of our most promising domestic public transportation, the highest level in 50 transit agencies may use these grants to es- alternative and renewable energy supplies. years. In the second quarter of 2008, com- tablish or expand ‘‘commuter matching serv- There is not one thing in this bill that address- muters took more than 2.8 billion transit trips ices’’, to provide commuters with information es clean coal technologies. Coal is one of our nationwide, an increase of 5.2 percent. Mean- about alternatives to single occupancy vehicle Nation’s most abundant resources, yet the de- while, use of personal automobiles is falling by use. velopment of coal-to-liquid technologies is record numbers when measured by vehicle- H.R. 6899 increases to 100 percent the completely ignored by this bill. miles traveled, VMT. In fact, much of the re- Federal share for clean fuel and alternative-

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00117 Fmt 0688 Sfmt 9920 E:\BR08\H16SE8.004 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 19301 fuel transit bus, ferry, or locomotive-related block legislation that Democrats have brought change from the dirty fossil fuels of the past equipment or facilities, thereby assisting transit to the floor to increase our use of renewable to the renewable energies of the future. It’s agencies in becoming more fuel efficient. energy, help protect consumers from high en- time to change to invest in wind and solar. It’s This legislation extends the Federal transit ergy prices and ensure that big oil pays its fair time to change to start building green to save pass benefits program to require that all Fed- share. While the Republican leadership says families money. The Republicans like to say eral agencies offer transit passes to Federal they want ‘‘all of the above’’ they have repeat- ‘‘drill, baby, drill,’’ but for our Nation’s energy employees working in metropolitan areas with edly chosen ‘‘none of the above’’ and voted policy the American public is saying it’s high existing transit systems throughout the United against these measures. But here they are time we started saying ‘‘change, baby, States. Current law limits this program to Fed- today, crying crocodile tears that all these poli- change.’’ eral agencies in the Washington, DC, metro- cies that they have spent their entire career Vote ‘‘aye.’’ Vote for change. politan region. This provision will provide more opposing have not been implemented. Mr. STARK. Mr. Speaker, I rise today to Federal employees with the incentives to The Republican leadership says they want support a comprehensive energy bill, H.R. choose transit options, thereby reducing their ‘‘all of the above,’’ but here they are today, 6899, that will help to end our addiction to for- transportation-related energy consumption and once again opposing a truly comprehensive, eign oil and will move our Nation toward a reliance on foreign oil. compromise energy bill that will not only in- clean energy economy. Finally, H.R. 6899 creates a national con- crease our use of renewable energy but will For nearly 8 years, we have seen the consumer awareness program to educate the also provide for more drilling. Perhaps that’s sequences of policies made by an administra- public on the environmental benefits of public because it’s not ‘‘all of the above’’ that the Re- tion that was literally ‘‘in bed’’ with the oil com- transportation alternatives to the use of single publican leadership and big oil are really con- panies, as evidenced by the recent scandal at occupancy vehicles. cerned with, it’s really only ‘‘all that’s below’’— the Mineral Management Service, MMS. Prof- Mr. Speaker, public transportation in all its all the oil that’s below our beaches 3 miles off- its for Exxon-Mobil and others are setting forms—buses, light rail, subways, to name a shore, all the oil the below our national parks, records, while family budgets are stretched to few—saves fuel and reduces our dependence all the oil that’s below our most pristine wilder- the breaking point by high energy prices. on foreign oil. Increasing the use of public ness areas. Rather than putting forth real solutions, the transportation by providing Americans the The comprehensive energy bill that we are President and his congressional Republican good transit service they want and need must considering today will build on last year’s tre- enablers have offered a regressive plan and a be an important part of a holistic national en- mendous energy bill accomplishment. This bill slick political slogan that amounts to more ergy policy. will adopt a National Renewable Electricity giveaways to oil companies with nothing that I strongly urge my colleagues to join me in standard to require that 15 percent of the elec- will lower prices in the short-term or move our supporting H.R. 6899. tricity that we generate in 2020 come from re- Nation away from fossil fuel dependence in Mr. MARKEY. Mr. Speaker, I rise in strong newable sources and efficiency and will create the long-term. support of this bill. 100,000 jobs. By further increasing the effi- The Democratic Congress, in contrast, has This energy bill is truly a comprehensive en- ciency of our buildings, this comprehensive already passed legislation, H.R. 6, to raise fuel ergy plan. I commend the great work of the energy bill will save consumers $200 billion on economy standards to 35 mpg by 2020—the gentleman from West Virginia, Chairman RA- energy costs. This comprehensive plan will ex- first increase in a generation. Reaching the 35 HALL, and Chairman DINGELL and Chairman tend the vital tax incentives for solar, wind and mpg threshold will save 1.1 million barrels of MILLER in crafting this balanced legislation. I other renewables, and ensure that they are oil per day, more than 10 times the amount of also want to commend Speaker PELOSI and paid for, which will prevent the loss of $19 bil- oil that offshore drilling will be producing in Majority Leader HOYER for their leadership in lion in investment and 116,000 jobs next year 2020. By 2030, we will be saving 2.5 million pulling together what is truly a bipartisan ap- in these industries. And this comprehensive barrels a day, or the same amount that we im- proach that Members from all regions should plan will protect more than 5 million Americans port from the Persian Gulf. That is a real solu- be able to support. from an impending home heating crisis and an tion. The Republican leadership says that they increase in the heating bill of the average fam- I agree with the Department of Energy’s as- want an ‘‘all of the above’’ energy plan. Well, ily of nearly $600 this winter by funding the sessment that expanded drilling will only re- today we get to see if they are serious, or if Low-Income Home Energy Assistance Pro- duce prices at the pump by 3 or 4 cents and they have simply been playing politics. This gram. not for another 10 years in the future. How- energy bill is a comprehensive energy pack- And the Republicans say they want more ever, I support the legislation before us today age that will protect consumers, unleash the offshore drilling, well this bill does that. I re- because it represents a commonsense com- renewable energy revolution, increase energy main skeptical that additional offshore drilling promise on drilling that protects the environ- efficiency and conservation and even expand will do anything to lower prices but this comment and allows individual States to decide areas for domestic oil production. promise bill ensures that there will be proper whether drilling off their coasts is appropriate. While the Republican leadership and the protections for Georges Bank off the coast of But this legislation is about much more than Bush administration have said that they want New England, which is one of our Nation’s drilling. It is a comprehensive plan that takes ‘‘all of the above,’’ for the 6 years that they most important fisheries, and that if we are steps to lower gas prices in the near term by controlled the White House, the House and going to open more areas to drilling we first releasing oil from the Strategic Petroleum Re- Senate, they did almost nothing to increase ensure that big oil cannot continue to drill for serve and fully funding energy assistance pro- our use of renewable energy and energy effi- free on public land and reap billions of dollars grams so families can heat and cool their ciency. For 8 years, the two oil men in the in unnecessary tax breaks at a time when they homes. It reigns in the excesses of oil compa- White House crafted an energy policy that put are making record profits. With the renewable nies and ensures that they pay their fair share the interests of the American Petroleum Insti- energy revolution that we will unleash with this back to the taxpayer when they drill on public tute over the American people, and con- bill it will make any additional drilling unneces- lands. Accountability will be restored to the sumers are now paying the price at the pump sary in 20 years. scandal plagued MMS by enacting tough new for that failed fossil fuel agenda. The comprehensive energy bill that we are laws with criminal penalties for MMS employ- One of the first actions the Bush administra- considering today, combined with the energy ees who engage in unethical behavior with the tion took in 2001 after entering the White bill that Democrats passed in December, very oil companies they are charged with reg- House was to convene the secret Cheney En- means that Democrats in the 110th will have ulating. ergy Task Force to meet with executives from passed energy bills that achieve one-third of Finally, this bill ends our dangerous reliance the oil industry and craft an energy policy. the reductions in global warming pollution on fossil fuels and confronts global warming. Then the Bush administration and the Repub- needed by 2030 to save the planet and elimi- This legislation establishes a Renewable Port- lican Congress passed an energy bill in 2005 nate nearly twice the oil we currently import folio Standard that will mandate 15 percent of that gave billions of dollars to the oil and gas from the Persian Gulf. electricity to be generated from renewable industries while nickel-and-diming renewables. After 8 years of running on a Bush-Cheney- sources by 2020, lowering the demand for And in this Congress, the Republican lead- Big Oil energy plan, America, it is time for an coal and other dirty fuels. It makes an $850 ership has followed the marching orders of the oil change! It’s time to change our depend- million yearly investment in public transpor- Bush administration and voted 13 times to ence on foreign oil and OPEC. It’s time to tation so that cities and States can expand

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00118 Fmt 0688 Sfmt 9920 E:\BR08\H16SE8.004 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19302 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 September 16, 2008 services. In addition, the legislation will pro- tions, lawsuits are ready and waiting to shut it to become more energy efficient, therefore vide incentives for the production of renewable down, and this bill does nothing to limit them. limiting our demand for foreign oil. energy and will modernize energy efficiency There are many good, serious energy pro- I am also pleased to see tax credits in- codes for buildings. posals that have been introduced in this Con- cluded for the promotion of more energy effi- The Comprehensive American Energy Se- gress. Over a year ago, for example, I intro- cient appliances and vehicles. Increased de- curity and Consumer Protection Act is a real duced the ‘‘No More Excuses Energy Act,’’ a mand for green products will bring new jobs in solution to America’s energy needs. It may not bill that would encourage energy production of green technology to our communities. Further, satisfy the ‘‘drill, baby, drill’’ crowd, but after all kinds here at home. Unfortunately, the leg- because this bill rolls back tax breaks to big oil suffering through their failed policies for the islation that we are discussing today is just an- and uses revenues from drilling to pay for the last 8 years their slogans are little more than other excuse not to take real action to solve increased investment into renewable re- hot air. our energy shortfalls. sources, we will not leave debt behind to be I urge all of my colleagues to support this It hardly seems too much to ask to allow paid for by future generations. legislation. this House 2 or 3 days to go through the var- I believe that it is critical for our nation to Mr. CARSON. Mr. Speaker, the American ious ideas, allowing members to vote accord- achieve energy independence and to end our people are hurting and in need of immediate ing to their districts and their consciences. En- reliance on foreign oil, while preserving our relief. And the relief they need extends beyond ergy is that important, that central to our coun- environment for future generations in a fiscally their urgent need for lower energy costs. Mr. try’s security and quality of life. Instead, this responsible manner. The Comprehensive Speaker, the American people also need jobs charade will disappoint the American people American Energy Security and Consumer Pro- and they need them now. yet again on the issue that most directly af- tection Act reaches a careful balance in sup- And I am proud to say that this bill seeks to fects their family and well-being. We can and port of these efforts, and I am pleased that achieve both—it seeks to lower energy costs should do better. this Congress is putting the safety and secu- and create jobs. This legislation will create Mr. LANGEVIN. Mr. Speaker, I rise today in rity of our Nation’s families ahead of excessive several green jobs by providing tax incentives strong support of the Comprehensive Amer- industry profits. I urge my colleagues to join to companies that invest in renewable energy ican Energy Security and Consumer Protec- me in support of energy independence by voting yes on the Comprehensive American En- resources. tion Act, and I would like to thank the Demo- ergy Security and Consumer Protection Act. The creation of green jobs was the focus of cratic Leadership of the House of Representa- a forum I recently hosted in my district. For Ms. HARMAN. Mr. Speaker, I rise in support tives for bringing this critical bill to the floor. In of the Comprehensive American Energy Secu- too many years, hardworking Hoosiers have my home State of Rhode Island, the high cost seen good-paying manufacturing jobs leave rity and Consumer Protection Act, but as a of oil and gas have become the top concern Representative of America’s most stunning the great State of Indiana. Through the cre- for families and businesses struggling to keep ation of green jobs, this bill will boost our eco- coastline, I do so with some reservations. up in today’s economy. This legislation pro- There is much to like in this bill. It includes nomic performance and lessen our depend- motes short term solutions to increase supply long-sought alternative energy tax credits, ence on foreign oil. of domestic oil and gas, while establishing a which are essential to the continued develop- I am proud to support this legislation. long term national energy policy that invests in Mr. THORNBERRY. Mr. Speaker, the ap- ment of the emerging clean energy industry. the development of renewable energy re- It also requires utility companies to generate proval ratings for Congress are at record lows, sources. more power from renewable energy sources and it is no wonder. The American people see This legislation will open the Outer Conti- (following the lead of my home State of Cali- that too often this Congress has played par- nental Shelf to responsible oil and gas devel- fornia), creates a reserve to pay for future re- tisan games rather than confronting the issues opment between 50 and 200 miles off the search and development of clean renewable head-on in a straightforward way. Today the coast, requiring state approval between 50 energy and energy efficiency technologies, games continue. and 100 miles. It will protect national marine and requires the adoption of more energy effi- The Democrats’ Energy Bill is a fig leaf de- monuments and sanctuaries, as well as the cient building codes. signed to cover a political problem. It is not Georges Bank fishing area off the coast of These are all serious, much-needed an- real. Rather than untie our hands so we can New England. Further, the Interior Department swers to our energy crisis—reasoned, care- produce more energy of all kinds here at will be required to ensure that drilling is only fully crafted, and targeted toward moving us home, in many ways this bill makes it harder. approved if it can be done in a manner that into a new era of clean energy. In several important areas of energy produc- protects the coastal environment, marine envi- That is not, unfortunately, the path pursued tion, this bill does nothing. ronment, and human environment of the State in other parts of the bill, particularly those that This bill does nothing to develop more nu- concern off-shore drilling. clear energy. coastal areas and the Outer Continental Shelf. We cannot sacrifice the health of our coast- We’ve heard a lot about drilling these days. This bill does nothing to build more refin- ‘‘Drill, baby, drill,’’ or so the chant goes. It’s a eries. lines and the people who live there, and I am pleased that this bill takes a safe and respon- nice pep rally cheer, a clever soundbite. But This bill extends the wind tax credit by only it’s not serious policy, and everybody knows it. 1 year, but does nothing to make it easier to sible approach to domestic drilling. While I support the provisions to increase Here are the facts. Oil is traded on a global plan and finance the large investments that market, which sets prices based on global are necessary to build wind farms. domestic oil production, I have said time and time again that we cannot drill our way out of supply and global demand. Even on drilling off our coasts, this bill re- Given the staggering amounts of oil that the our national energy crisis. The U.S. represents places a temporary ban that will expire 2 world produces and consumes every day, only 25 percent of the world’s daily oil consump- weeks from today and with a permanent ban a staggering amount of new supply will affect tion, yet we only have two percent of the on exploring and producing where most of the price (particularly given the skyrocketing de- world’s reserves—relying solely on new pro- oil is. It prohibits all drilling within 50 miles of mand for oil in China, India, and the rest of duction simply doesn’t add up. Under this bill, the coast line, where the Minerals Manage- the developing world). ment Service says 88 percent of the oil is lo- revenue from domestic offshore production will The amount of oil off the coasts of the cated. be reinvested into the development of renew- United States is very far from staggering. Pal- From 50 to 100 miles, States can choose to able energy resources, such as wind, solar, try is more like it. drill, but get no royalty payments—none. So and bio-fuels, to bring clean, affordable solu- According to the Bush Administration’s own there is little incentive for them to allow drilling tions to our Nation. I also strongly support a Energy Information Administration, even if we even for the 12 percent of the oil that may be provision in this bill to require electric power opened the entire Outer Continental Shelf for there. companies to produce at least 15 percent of drilling tomorrow, it would take years (possibly Drilling can occur more than 100 miles their electricity from renewable sources by up to 2030) for that oil to hit the market. away—which is technologically impossible in 2020. Furthermore, the legislation includes And then, all that drilling would only in- some areas. But even where it is possible, this several proposals requiring the Department of crease our domestic production by 200,000 very same bill repeals the existing tax incen- Energy and Department of Housing and Urban barrels of oil per day. tives which encourage deep water drilling. Development to create new efficiency stand- The world consumes around 80 million bar- Of course, should a new drilling opportunity ards for both residential and commercial build- rels of oil per day. This new production would slip through these new regulations and restric- ings and to help educate consumers on how be a tiny drop in an ocean of oil.

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00119 Fmt 0688 Sfmt 9920 E:\BR08\H16SE8.004 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 19303 Even the Bush Administration concedes that land. It will release oil from the Strategic Pe- wheel vehicles and low-speed neighborhood the impact on oil prices from such a minuscule troleum Reserve. It will spur companies and electric vehicles can begin reducing our reli- increase would be, and I quote, ‘‘insignificant.’’ businesses to do more research and more ex- ance on foreign oil today, and including these And what do we risk for this ‘‘insignificant’’ ploration. It reforms the way royalties are paid vehicles in the tax credit will help develop a increase in supply? between the Government and the oil compa- consumer market for them, just as the credit A few oil companies will make a little more nies. It provides incentives to conserve our en- will help create a market for plug-in electric money. But we’ll also put the (mostly) pristine ergy use and raise energy efficiency stand- automobiles and trucks that are expected to California coastline—an environmentally fragile ards. come on-line in a few years. yet economically indispensible asset—at the This legislation is a compromise. It directs Again, I thank the Speaker and Chairman mercies of chance, human fallibility, and the us in the right direction towards energy inde- RANGEL for their important work on the critical ability of new oil rig technology to withstand pendence. My colleagues have called for an issue of ensuring our Nation’s energy security. the inevitable big quake. all of the above approach when it comes to Mr. SHAYS. Mr. Speaker, this energy bill is That’s not a risk that I’m willing to take. the energy issue. I believe we have accom- a missed opportunity to have meaningful de- Fortunately I’m not alone. Leadership wisely plished that. bate on America’s energy needs and construc- gave states some discretion. The bill would Mr. NEAL of Massachusetts. Mr. Speaker, tive compromise about America’s energy solu- forbid drilling within 50 miles of the coast, and as the House considers tax legislation to pro- tions. High energy costs are bringing down our only allow drilling from 50–100 miles if a state mote the development and deployment of al- economy; energy bought from overseas is de- ‘‘opts-in’’ (affirmatively passes a law allowing ternative and renewable energy technologies, priving us of American jobs; and foreign pur- drilling). I rise today in support of the proposed plug- chases of energy is transferring $700 billion to I am confident that California is unlikely to in electric drive motor vehicle tax credit and, in countries that would do us harm. ever ‘‘opt-in.’’ particular, making the tax credit even more ro- I strongly believe in a comprehensive en- My strong preference is to retain the mora- bust and immediate by including in the credit ergy policy that includes conservation, renew- torium against off-shore drilling, but we don’t road-certified two-wheel vehicles and lowable sources, nuclear power, and American oil have the votes to do that. The Democratic speed neighborhood electric vehicles. I sup- and natural gas. Leadership asserts that this compromise is port the underlying bill, but hope as it pro- H.R. 6899 brings us closer, but is silent on necessary to avoid the calamity of a drilling gresses that this clean energy incentive may several important issues. Regrettably, the au- free-for-all off our coasts. Many in the environ- also be included. thors of this bill have refused to allow mem- mental community and leading newspaper edi- I know that House Ways and Means Com- bers to make any amendments. torial boards in California and around the mittee Chairman RANGEL and the House Lead- I am grateful this legislation encourages in- country concur. ership are committed to renewing existing en- vestment in renewable energy technologies by In that case, I can live with it. ergy tax provisions and enacting new incen- extending the production tax credit for wind, I wish we could do better. The American tives for environmentally-friendly, domestic en- solar, geothermal and biomass. This measure public is engaged. The media is devoting ergy production. And I believe that the tax provides the much-needed assurance that in- front-page articles to energy issues. We have credit for plug-in electric drive vehicles is a vestors need to start developing these tech- the chance to make a significant difference in critical component of that commitment. This nologies. the way our country thinks about and uses en- tax credit will encourage the ongoing efforts to I am also grateful H.R. 6899 would establish ergy. develop and bring to the marketplace the tech- a Renewable Energy Standard, requiring elec- Portions of this bill take big leaps in that di- nology that will be necessary for these vehi- tricity companies to produce 15 percent of rection, and Leadership should be com- cles to become a common occurrence on our their electricity from renewable sources by mended for standing by these priorities. roads and highways. Tailpipe emissions from 2020, although I have advocated increasing I hope that my three grandchildren will the combustion of gasoline and diesel fuel are this standard to 20 percent by 2020. eventually be the beneficiaries of this fore- by far the largest contributors to climate The bill also repeals the moratorium on drill- sight. change and the air quality problems that exist ing on the Outer Continental Shelf, OCS, and Mr. ORTIZ. Mr. Speaker, I rise today in sup- in many regions of our country. This tax credit would allow states to ‘‘opt-in’’ to drill between port of H.R. 6899, the Comprehensive Amer- will go directly at addressing these issues by 50 to 100 miles off of their coast. Unfortu- ican Energy and Consumer Protection Act. displacing foreign oil with electricity that is do- nately, without revenue sharing, I am con- I appreciate the hard work that the sponsors mestically produced with—it is my hope—a cerned states will have little incentive to de- of the bill—Chairmen DINGELL, RAHALL, and significant and growing renewable component. velop these resources. I would have particularly liked to have seen MILLER and my fellow Texan, Chairman The plug-in electric drive vehicle tax credit is revenues derived from these leases directed GREEN—have put into crafting this legislation. so vital to our alternative and renewable en- towards further renewable energy investment, They considered different viewpoints and ergy priorities that it should begin working as so that American oil and natural gas would different approaches to the energy issue and soon as it is enacted, but it can only do so by came together in an inclusive manner that will pay for the renewables we all want. expanding the credit to include both road-cer- Although I will vote for this bill, I believe this lead us down the right path. tified two-wheel vehicles and low-speed neigh- is a missed opportunity for meaningful, bipar- We have heard from our constituents, time borhood electric vehicles, which are now in re- tisan debate and a better bill. and time again, that we need to become more tail production. These vehicles are specifically Mr. RAMSTAD. Mr. Speaker, I rise today in energy independent and we need to produce designed to address the short-haul transpor- strong support of this bipartisan comprehen- more of our energy supply domestically. tation needs of urban and suburban commu- sive energy bill that opens offshore areas to We have heard from our constituents, time nities. Because the first mile of a trip creates drilling, provides incentives for the develop- and time again, that we need to invest in the the most tailpipe emissions, these vehicles ment of renewable energy, clamps down on future and develop alternative energy re- can play an important and significant role in speculators and requires oil companies to drill sources, such as wind and solar power. mitigating the unique contribution of urban and on 69 million acres of leased land and water. We have heard from our constituents, time suburban transportation to our air quality and I oppose the alternative bill, which would and time again, that we need to provide tax climate change problems. give coastal states that support drilling over credits so that our businesses have the incen- If enacted, the plug-in electric drive motor $40 billion from oil and gas royalties over the tive and opportunity to produce more energy. vehicle tax credit will be an important element next 10 years. After 2019, the federal govern- And, we have heard from our constituents, of our policy to encourage the development ment would be required to transfer to coastal time and time again, that we need to act on and deployment of alternatives to the con- states nearly 40 percent of all federal reve- lowering the price at the pump, which is ad- sumption of foreign oil. As the manufacturers nues from offshore oil and gas drilling ($6 bil- versely affecting many south Texas families, of electric drive two-wheel and low-speed ve- lion every year). farmers, and small businesses. hicles already are demonstrating, this policy Even the Administration has told us that We can look forward to a balanced plan that also has the added benefit of creating quality such a cost would be too high! expands both conventional and renewable en- jobs here in the U.S. We should not hand coastal states billions ergy resources. It will provide for new domes- While the technology for plug-in electric cars of federal dollars, while giving them undue in- tic drilling opportunities, both off shore and on is still being developed, road-certified two- fluence over national resource management.

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00120 Fmt 0688 Sfmt 9920 E:\BR08\H16SE8.004 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19304 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 September 16, 2008 And, despite its cost, the alternative plan And the bill will address the recently discov- of oil pipelines into the National Petroleum Re- would do little to increase the supply or reduce ered ethical problems within the Department of serve and to facilitate the construction of an the price of oil, according to the Department of Interior’s Mineral Management Service Alaska natural gas pipeline to the continental Energy. (MMS)—problems that were particularly ramp- United States to move the product to market. Congress should debate offshore drilling on ant at the MMS office in Denver. These are only exhortations, but I see no ob- its own merits without using resource reve- Numerous government employees were jection to their inclusion in the legislation. nues to buy votes. Our nation needs a com- found to have very inappropriate relationships I am particularly pleased that the measure prehensive energy reform policy that will boost with employees who worked for the very com- before contains a provision that I authored, supplies of all types of energy, reduce our de- panies they were regulating. This bill will in- along with Representatives TOM UDALL and pendence on foreign oil and lower gas prices. crease penalties for both MMS employees and TODD PLATTS, to establish a Renewable Elec- The American people deserve nothing less! companies that hold oil or gas leases, tricity Standard (RES). This provision will re- Mr. UDALL of Colorado. Mr. Speaker, I sup- strengthen the MMS code of ethics, and quire utilities to acquire 15 percent of elec- port this legislation that will help provide price strengthen the office of the Inspector General, tricity production from renewable resources by relief for American families, open up new which uncovered these problems. 2020. While I would prefer to see us adopt a areas for domestic energy production, and as- But, Mr. Speaker, this bill recognizes that RES of 20 percent by 2020, as we have in sist us to make the transition to a new energy short-term solutions and fixing past problems Colorado and as is in my energy plan, estab- economy that will reduce our dependence on are no ‘‘silver bullets’’ for the factors that have lishing a 15 percent by 2020 is a good step in imported oil—all without adding to the federal led to the current high price of oil and prod- the right direction. deficit. ucts such as gasoline that are made from oil. As co-chair of the Renewable Energy and While this bill is not perfect—I would prefer We need long-term solutions as well. Energy Efficiency Caucus, I am especially to see the more comprehensive approach em- This bill includes opening up new areas of pleased to see the bill include needed exten- bodied in my ‘‘American Innovation, American the Outer Continental Shelf (OCS) to oil and sion for tax credits for renewable energy. The Energy’’ plan—it is a step in the right direction gas drilling. Specifically, the bill would end the Production Tax Credit (PTC) in particular has and deserves approval. current moratorium on OCS drilling and would been instrumental in promoting the creation of It will help us address gas prices in the permit leasing between 50 and 100 miles off- a renewable energy industry. An extended short term by including a provision (as does shore if a State ‘‘opts-in’’ to allow it off of their PTC will provide more market certainty and my energy bill) to release additional oil from coast, while providing protection for environ- we must have an extension of this key tax the Strategic Petroleum Reserve (SPR). This mentally sensitive areas. I think that is a crit- credit before the current credit expires at the release would provide for a quick increase in ical component of this provision—states must end of 2008. the supply of petroleum in our consumer mar- be able to have a say in drilling activity within I must add that, while I am pleased that the ket and so could reduce the likelihood of fur- their territory. bill provides a three year extension of the PTC ther short-term increases in the price of gaso- A separate provision in the bill deals with for most renewable energy sources, I am con- line and other refined products. And, it will do Federal lands that have been leased for en- cerned that it only provides a one-year exten- this in a way that is both cost-effective and ergy exploration and development under the sion for wind energy. Wind is a very promising renewable energy source and a one year ex- protective of our national security interests. Mineral Leasing Act but where such activities Under the bill, the Energy Department have not yet occurred—yet another provision tension will not be as helpful for the industry. (DOE) would sell at least 20 million barrels of that is also in my energy plan. While it is im- I will continue to lead the fight to extend the PTC for more than one year in fact, my en- light grade oil now stored in the Strategic Pe- portant to understand the reality that oil and ergy plan includes a four year extension of the troleum Reserve, and sales would continue for gas exploration is a complicated commercial PTC for all renewable energy sources. 6 months or until 70 million barrels have been and scientific enterprise involving efforts not The bill also extends the Investment Tax sold, whichever comes first. But the draw- easily fitting within strict regulatory timelines, I Credit (ITC) for solar energy, qualified fuel down would not be permanent because the bill think that this is a reasonable response to cur- cells, and microturbines for eight years. The would require the energy department to ac- rent conditions. In essence, it would bar the ITC will help companies with initial investment quire, through purchase (using money from current holders of federal mineral leases— costs in expanding these renewable energy the sales) or exchange, heavy grade petro- whether for onshore or offshore areas—from sources across the country. leum for storage in the strategic reserve, to re- obtaining additional leases unless they are The bill also authorizes new clean renew- place the light grade petroleum that would be able to show that they are ‘‘diligently devel- able energy bonds (CREBS) for public power sold. oping’’ the leases they already hold. The Sec- providers and electric cooperatives. This is a Right now, slightly more than 700 million retary of the Interior would be responsible for critical tool, especially for Colorado’s rural co- barrels of oil are stored in the strategic re- spelling out in regulations exactly what would ops and municipal utilities. serve—so the amount to be sold under the bill be needed to show such ‘‘due diligence.’’ Of course, the cheapest kilowatt of energy would be only about 10 percent of the amount These provisions also include a requirement is the one you don’t use and energy efficiency on hand. for the Department of the Interior to offer at also has a key role in addressing our energy Importantly, the bill specifies that the least one lease sale annually in the National needs. This bill will provide incentives to lend- amount of oil stored in the strategic reserve Petroleum Reserve in Alaska. This is an area ers and financial institutions, including the could not drop below 90 percent of the of well-established potential that was initially Federal Housing Administration, to provide amount stored when the bill is enacted. The made available for leasing in the Clinton Ad- lower interest loans and other benefits to con- most recent data I have seen indicate that the ministration, and with regard to which the cur- sumers who build, buy or remodel their homes reserve is currently filled nearly to capacity, so rent Administration just today announced that to improve their energy efficiency. It will also the bill will not cause a significant reduction in 2.6 million acres would be offered at lease establish a residential energy efficiency block the amount stored. sales in the near future. Dictating a leasing grant program to improve the energy efficiency Furthermore, this bill will help diversify the timetable in legislation is unusual, and I have of housing. type of oil in the SPR, meaning that this bill reservations about that approach—but the po- Transportation is another area of high en- not only is compatible with the national secu- tentially beneficial effects on prices from tap- ergy use and public transportation is becoming rity purposes of the SPR, it can actually assist ping the reserves in this part of Alaska are un- more and more necessary as gas prices con- in achieving them. deniable. tinue to rise. This bill establishes $1.7 billion in This bill will also require that oil companies In addition, the bill would reinstate a ban on grants to transit agencies for the next two pay their fair share of royalties on flawed the export of Alaskan oil that was previously a years, which will help reduce transit fares for leases granted in 1998 and 1999. Because of matter of federal law. Oil is a globally-traded commuter rail and buses and expands service. mistakes made by the Interior Department, oil commodity, so the effect of this will be limited, While I would like to see much more for companies holding 70 percent of leases but it to an extent might reduce the extent to transportation, such as the increase in vehicle issued for drilling in the Gulf of Mexico in 1998 which imports are used to supply the domestic efficiency and additional advancements in al- and 1999 became exempt from paying any market. ternative fuels that are included in my energy royalties, costing American taxpayers about And the bill calls on the President to use the plan, this public transportation provision is a $15 billion. powers of his office to facilitate the completion good start.

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00121 Fmt 0688 Sfmt 9920 E:\BR08\H16SE8.004 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 19305 I maintain strong reservations about the I have heard from a number of my constitu- expand renewable energy tax incentives. pace at which this Administration is pursuing ents that a proven way to address both our Therefore, I have introduced legislation today oil shale development in Western Colorado. short term and long term energy costs is to that will extend the renewable energy tax Before commercial leasing occurs, we need to renew the renewable energy tax credit and the credit, production tax credit, and the hybrid ve- know more about oil shale development’s im- production tax credit that are due to expire at hicle tax credit for ten years. This legislation pacts on water and local communities. the end of this year. We already know how ef- would help to grow our economy and provide Until those questions are answered, I do not fective these tax credits are. For example, for a secure energy future. believe that the federal government should wind energy is not only a significant compo- Mr. BLUMENAUER. Mr. Speaker, I rise in rush ahead with oil shale leasing and I there- nent of the global warming solution, but also support of the ‘‘Comprehensive American En- fore have been fighting, with my colleague a powerful engine in our economy. Since Jan- ergy Security and Consumer Protection Act.’’ Representative JOHN SALAZAR, to ensure that uary 2007, more than 40 wind industry manu- It looks like the Republican mantra of ‘‘drill, the necessary research and development can facturing facilities have been announced, baby, drill!’’ and their threat to hold the entire be completed before we move ahead. I have brought online, or expanded in the U.S., cre- operation of government hostage in order to also been fighting to ensure that the State of ating over 9,000 jobs and one billion in new eliminate the decades-old ban on drilling off Colorado has a voice in the development of oil manufacturing investment. When the produc- our coasts may actually end up doing a favor shale, so that the wisdom of Westerners can tion tax credit lapsed in 2000, 2002 and 2004, to those of us who want a comprehensive and help us avoid the pitfalls that have sunk oil wind capacity installation dropped 93 percent, sustainable approach to energy policy. shale development in the past. 73 percent and 77 percent, respectively, from Ironically, there is not much controversy At the end of this month, the moratorium on the previous year. It is unwise to allow the about the impact of more drilling on gas commercial oil shale leasing is scheduled to wind production tax credit to expire and allow prices. Even the Bush administration’s own expire. In the event it does, I believe that the this bright spot in our economy to grind to a Department of Energy agrees that more drill- state of Colorado should have a safety valve halt. ing will make no difference for two up to dec- so that it can determine the pace of oil shale The solar energy production tax credit and ades, and even then any impact on the price development within its borders. Section 171 of the solar residential tax credit have been in- at the pump would be insignificant. the energy bill currently before the House strumental in helping my home state of New When it comes to drilling, the real issue is aims to create that safety valve, and to ensure Jersey become a leader in the production of about surrendering more of our energy future that regardless of the Administration’s desire solar energy technology. New Jersey is also to a handful of large oil companies to develop to rush ahead with oil shale development at all one of the nation’s fastest growing solar en- when they want to, according to their terms, costs, Colorado and other states can control ergy markets. The extension of the solar en- and whether or not we are going to get full the pace of development. ergy tax credit will spur job growth in commu- value for the taxpayer dollar. The American In conclusion, Mr. Speaker, I think this bill nities and would help New Jersey reach its citizens, after all, own our oil and the evidence deserves support. But it certainly is not all that goal of having 20 percent of its electricity de- is that other countries drive a stronger bargain is needed in terms of energy policy. We need rived from renewable sources by the year for their oil than we do. to do more. Indeed, the comic, yet tragic Inspector Gen- I think we need to look at increasing mile- 2020. I have heard from companies in my dis- eral’s report about mismanagement, collusion, age standards for new cars and trucks. Spe- trict that if we don’t extend the production tax conflict of interest, partying, and even sexual cifically, I believe we have the technology to credit they will have to shut down new solar liaisons between the Three Stooges operation require that all new vehicles achieve 35 miles projects or charge more for energy. The tax credit for consumers has been that is the Minerals Management Service and per gallon by 2015 and, with additional Amer- ican innovation, we can achieve 50 miles per equally effective in saving our constituents the industry they are supposed to regulate, is gallon by 2030. I also think we need additional thousands of dollars on their energy bills. For an example of the failure of the Republican oil incentives for Americans to purchase high effi- example, I was recently contacted by Phyllis administration. It is also the fault of the Re- ciency vehicles and for manufactures to who lives in Marlboro, New Jersey. By utilizing publicans, who ran Congress until recently, produce many vehicles that use alternative the residential energy investment tax credit, and who are even less concerned about pro- fuels. And we need to aggressively pursue de- Phyllis was able to install 55 solar panels on viding adult supervision. velopment of alternative energy sources, in- the roof of her home. Phyllis also used the in- I am proud that the Democrats have re- cluding solar and wind power, in order to re- vestment tax credit to purchase a high effi- sponded today with a wide-ranging proposal duce our dependence not just on imported oil ciency heating and cooling system. Together that offers opportunities for some responsible but on all fossil fuels. We also need to work these investments have decreased her energy drilling for gas and oil, but goes far beyond even harder to increase energy efficiency, so costs to one fourth the cost she was paying just drilling This bill ensures that taxpayers get that we get a greater payoff from all energy the year before. Phyllis is also selling the ex- fair value for the oil from public lands and wa- sources. cess energy her solar panels gather back into ters and provides additional incentives for re- I hope today we can move this bill forward the grid and has made over $2,000 this sum- newable energy and conservation. It presents and promote positive change that will benefit mer. We need to encourage more Phyllises— another opportunity to extend the production our families and rural communities, save con- that is how we will break our dependence on tax credits so essential to the emerging new sumers money, reduce air pollution, and in- 19th century technology. sustainable green energy sources like wind crease reliability and energy security. The renewal of these tax credits will also and solar which, despite having passed the I strongly encourage my colleagues in the help to increase our economy by creating hun- House five times, is still resisted by Repub- House to vote for this needed legislation, and dreds of thousands of jobs. According to a re- licans in the Senate and the President. also encourage quick action in the Senate so cent study, if the renewable energy tax breaks I am also pleased that this bill recognizes that we may move it to the President’s desk. expire at the end of this year, over 116,000 that giving Americans transportation choices Mr. HOLT. Mr. Speaker, there is no denying jobs in wind and solar industries would be lost will help reduce the pain at the pump by ex- that America is suffering from an energy crisis. in one year. Today, when the predicted eco- panding service and reducing transit fares for My constituents are paying record prices at nomic growth forecast is an anemic pace of commuter rail and buses. the pump, they are paying higher prices for 1.6 to 2 percent and unemployment is likely to This legislation puts all the pieces together food and commodities. This problem is only continue to climb, we in Congress should do in a comprehensive, thoughtful way that an- going to get worse this winter when they will everything we can to ensure job growth and swers the legitimate concerns of the American be paying 15 percent more to heat their preserve jobs. public with more than a bumper sticker solu- homes than last year. With family budgets al- Renewable energy tax credits are instru- tion. As is always the case in the legislative ready being stretched to the breaking point, mental to ensuring growth in the renewable process in a democracy, this bill is not every- Congress needs to act and to act quickly to energy sector, bolstering our national econ- thing that anyone person would want. For ex- address this problem. This will require both omy, providing us with home growth energy ample, I would prefer to extend the morato- long term solutions that decrease our reliance and have the potential to save our constitu- rium on drilling off our shores for more than on fossil fuels and imported fuels and short ents thousands on their energy costs. It would just 50 miles. term solutions which will help bring down the be a disservice to our constituents if we do not However, compared to the Republicans’ price of energy now. act prior to Congress adjourning to extend and one-dimensional, disingenuous approach to

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00122 Fmt 0688 Sfmt 9920 E:\BR08\H16SE8.004 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19306 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 September 16, 2008 energy policy, in which they seek to obscure American Energy Security and Consumer Pro- enough that few if any wells will be drilled their 71⁄2 years of mismanagement and mis- tection Act. under this legislation, and I expect smarter, direction, this bill is certainly light-years ahead. Today’s energy crisis is based on a genera- more comprehensive legislation will follow next It will also provide a framework to look at the tion of failed policies which have made us ex- year. big picture between now and November and cessively dependent on foreign fuels. We must We will never be able to drill our way to en- an important point of departure for a new ad- learn from the mistakes of the past and find a ergy independence. The United States con- ministration and Congress to follow through. new direction that will decrease our reliance sumes 25 percent of the world’s oil but only We are not going to reverse years of myo- on gas and oil and move our energy policy possesses 3 percent of the world’s oil re- pia and mismanagement overnight; certainly forward. Today my constituents in New Jersey serves. Even if we drilled on every single not in one bill in the few remaining weeks of are paying more than $3.50 at the pump. The square inch of land where oil is assumed to this Congress. Today, we do have an oppor- steep increase in gas prices is stretching fam- exist we will never be able to meet our na- tunity to tie the pieces together in a way that ily budgets to the breaking point, and I am tional demand. Moreover, drilling 50 or 100 will move us further along to solving the prob- deeply concerned about the impact that prices miles off our shores, as H.R. 6899 proposes, lem rather than dueling sound bites. are having on American consumers. Congress could be detrimental to the preservation of our Mr. LEVIN. Mr. Speaker, I rise in strong needs to pass comprehensive legislation that environment for future generations. In New support of the energy legislation before the will help families struggling with rising gas and Jersey, tourism along our shore brings $35 bil- House. fuel oil prices in the short-term, while devel- lion to the state’s economy. A possible oil spill We need a comprehensive approach that in- oping a long-term strategy that decreases our from drilling of the coast of New Jersey, Vir- cludes responsible development of additional dependence on foreign oil and reduces our ginia, or Delaware would be devastating to my energy resources, greater energy efficiency, greenhouse gas emissions. state’s 120 miles of shoreline. I am unwilling tax incentives to spur alternative energy, in- The legislation that we are considering to sacrifice our nation’s environment for drilling vestment in new technologies, and relief to today, the Comprehensive American Energy which will do nothing to decrease prices at the American consumers. The bill before the Security and Consumer Protection Act, has pump. House does that. some good provisions, provisions that could Since I was elected 10 years ago I have It is clear that a more-of-the-same approach help to move our country’s energy policy in consistently opposed drilling in environ- to energy will not work. If we’ve learned noth- the right direction. I consistently have sup- mentally sensitive areas including the Outer ing else from the last eight years, we’ve ported many of these provisions in the past. I Continental Shelf. I have a strong record for learned that we cannot drill our way to energy have voted in favor of renewing the renewable voting in favor of preserving our environment security. Neither will conservation alone do the energy tax credits three times this Congress. and developing new energy sources that are job. I have voted to repeal the billions of dollars in The legislation before us provides long-term clean, safe, and sustainable. This is really the tax breaks that have been given to oil compa- incentives for renewable energy that will give only way that we can lower our gas prices in nies at the expense of the American taxpayer the solar, wind, and biomass industries the the long term. I will not support legislation and to invest this money in clean, renewable stability they need to make investments in ad- which will continue the failed policies of reli- energy. I have voted to provide relief to our ditional production capacity. There are also ance on fossil fuels, and I oppose H.R. 6899. public transit agencies which are struggling to significant incentives for making our nation I will continue to push for real reform of our meet the skyrocketing demand for public and economy more energy efficient. nation’s energy policy. Therefore I will be in- The offshore drilling provisions of this legis- transportation. Twice I have voted to encour- troducing legislation today which extend for 10 lation open up as much as 400 million acres age oil companies to drill on the 68 million years the tax credits for hybrid cars, energy of land off the Atlantic and Pacific coasts that acres of the lands open for drilling both on- efficient housing, and renewable energy are currently off limits to drilling. Through this shore and offshore that currently are leased sources including solar, wind, geothermal, bio- compromise, we will expand oil production off- by oil companies for production, yet remain mass, and hydro power. Extending these tax shore, while setting a reasonable buffer zone. unused. I have supported legislation which credits will help our country stay on the right The legislation requires electric utilities to would help to increase supply for oil and de- path towards a cleaner energy future. produce more of their electricity from renew- crease demand for oil including releasing oil Mrs. CAPPS. Mr. Speaker, I rise in reluctant able energy sources. This is smart energy pol- from the Strategic Petroleum Reserve, insti- opposition to this bill. icy that will create new industries and new tuting a national Renewable Portfolio Stand- I do so because I simply cannot support the American jobs. ard, and increasing the efficiency of buildings myth that a lack of offshore drilling is at the The legislation increases the tax credit for and appliances. I have consistently supported root of our energy problems, and the sup- alternative refueling property, such as E85 comprehensive reform of our nation’s energy posed solutions to that myth are contained in pumps, and extends the credit through 2010. policy. Last year I supported H.R. 6, the En- this bill. Biofuels are an important component of our ergy Independence and Security Act, a law I fully support the provisions in the bill that nation’s energy strategy, and U.S. automakers that will make a real difference in moving our will help America reach the goal of a clean en- have made significant investments to bring energy policy forward by raising the Corporate ergy future. For example, the bill extends fed- flex-fuel vehicles to market. To maximize the Average Fuel Economy Standard. However, eral tax incentives for energy efficiency and impact of this progress we need to speed the unlike H.R. 6, the legislation before us today renewable energy that will expire by the end deployment of E85 pumps. is not the comprehensive policy that we need of 2008. It’s critical that these tax incentives This legislation also provides incentives for to move our country forward and I cannot sup- be extended to avoid causing significant harm manufacturers to produce washing machines, port it. to our country’s developing clean energy in- refrigerators and dishwashers that push the I believe that drilling in environmentally sen- dustries. It would also provide new incentives boundaries of energy and water efficiency, sitive areas, such as our coastline, is unwise. for purchasing energy efficient products and and to build them in the United States. Reduc- Some in America claim that drilling—here, plug-in hybrid vehicles. ing the energy and water usage of a washing now, and everywhere—will bring instanta- I also support the Renewable Electricity machine over time and across millions of neous relief to families paying painful gas Standard included in the bill, which requires at households will produce remarkable reduc- prices. The facts do not support this claim. least 15 percent of our national energy pro- tions in energy and water usage, saving con- ‘‘Drill baby drill’’ is not an energy policy, it is duction to come from renewable sources by sumers billions on their utility bills. a slogan to hide behind to avoid corning up 2020. More than half of the states already In a word, the approach taken by this bill is with a real policy which will help America have a standard like this in place, including comprehensive. It addresses both the supply move towards sustainable, affordable energy. California and Texas. and demand sides of our nation’s energy pol- There is no easy solution to this crisis, and the I believe these provisions are clear steps in icy. It is a balanced, responsible and long-term evidence shows that drilling in OCS would the right direction and, in fact, would argue we approach to addressing the challenges of en- save pennies per gallon years from now. We should be doing more of them. ergy security. I urge all of my colleagues to can begin now, not years from now, to move But President Bush was right when he said support this comprehensive package. to sustainable, affordable energy. Fortunately, our country is addicted to oil. The U.S. is like Mr. HOLT. Mr. Speaker, I rise today in op- the environmental and financial requirements the alcoholic who says he needs just one position to H.R. 6899, The Comprehensive for an oil or gas company to drill are strong more drink to get him through the day and

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00123 Fmt 0688 Sfmt 9920 E:\BR08\H16SE8.004 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 19307 then tomorrow he will stop. And this recent ly from unstable countries all too often wishing cheap political points, Democrats in Congress nonstop effort to open up the entire U.S. coast us harm. Those arguments were all rejected are paving the way forward with real sound to more drilling looks to me a lot like a prob- by the President and his supporters in Con- solutions to the pain at the pump the Amer- lem drinker in denial. gress, leaving us where we are today. ican people are feeling. The driving force behind this legislation is To be clear, I don’t want to see more oil rigs The Comprehensive American Energy Se- the relentless, disingenuous and, in the end, off my congressional district. My constituents curity and Taxpayer Protection Act expands futile attempt to drill our way to energy secu- rightfully fear the economic and environmental domestic and alternative sources of energy to rity. It is doomed to failure because we simply effects of new drilling. Many of us witnessed increase our nation‘s national security. Addi- don’t have the resources. We consume 25 firsthand the devastation of the blowout on tionally, it extends and expands tax incentives percent of the world’s oil and yet we have only Platform A off the coast of Santa Barbara in for renewable energy and reduces transit fares 3 percent of the world’s oil supply. Do the 1969. We saw the dead birds and seals, the for commuter rail and buses. Provisions in the math. beaches covered with oil, the land that we bill would responsibly open up the Outer Con- Or better yet, just look at recent history. love so much nearly destroyed. tinental Shelf for drilling with significant envi- Seven and a half years ago, President Bush In the years since, despite the great ad- ronmental protections while demanding that oil took office promising to implement a national vances touted by the industry, oil accidents companies use the leases they have already energy policy that would make America en- and drilling-based pollution in my district have been issued. ergy independent. The former oilman en- been plentiful, offshore and onshore. For ex- This bill allows for safe responsible drilling trusted his Vice President, himself the former ample, Exxon-Mobil recently agreed to pay al- while investing in domestic alternative tech- head of the largest oil servicing company in most $3 million for releasing dangerous PCB’s nologies and green jobs. In return for opening the world, with leading the effort. Since then, into the Santa Barbara Channel from Platform up more areas for drilling, the bill requires oil the President’s energy policy has mostly been Hondo. companies to pay American taxpayers royal- about enabling our addiction to fossil fuels by Another fine example is that of Greka Oil, a ties owed to them and ends subsidies to oil focusing only on increasing domestic oil and company that has been polluting our local companies for drilling. This bill provides long- gas supplies. creeks with toxic runoff and countless oil spills term solutions to help us achieve real energy For example, between 2001 and 2007, the seemingly without a care. It looks like Greka independence, strengthen our national secu- Bush Administration offered 343 million acres based its environmental policies on the cutting rity, and reduce global warming. of leases for offshore drilling, selling over 33 edge technology found in the movie ‘‘There Under the agreement reached between Flor- million acres to oil and gas companies. And in Will Be Blood.’’ I could also site the infamous ida Democrats and House Leadership, the the last five years, the Republican-controlled Torch Operating Company pipeline explosion Comprehensive American Energy Security and Congress gave the President approval for new in 1997, the destruction and rebuilding of Avila Taxpayer Protection Act includes provisions leasing in Bristol Bay, Alaska, and the eastern Beach brought on by Unocal’s decades-long maintaining a 2006 compromise protecting the Gulf of Mexico. In fact, the U.S. has more oil pollution in that coastal town, or the impacts to Eastern Gulf of Mexico from offshore oil drill- and gas rigs operating today than the entire our local air and water quality that we deal ing. These limitations protect the military areas rest of the world. with every day. That is the history—and daily off the coast of Florida, as well as Florida’s Meanwhile, the Bush Administration energy reality—of oil drilling in my congressional dis- tourism and fishing industries. policy paid lip service to conservation, neatly trict. I am pleased that this bill protects Florida’s summed up by Vice President CHENEY’s So, yes, Californians don’t want more of coast from expanded offshore oil drilling, much dismissive and uninformed remark that ‘‘con- that. to the dismay of the oil men in the White servation may be a sign of personal virtue but But my opposition to this bill is mostly be- House and corrupt Interior Department officials it is not a sufficient basis for a sound, com- cause it is simply not in the best interests of who were accepting gifts from the oil compa- prehensive energy policy.’’ this country. The longer we try to fool our- nies they regulate. Drilling off Florida’s coast And the Administration’s lack of interest in selves into believing that this time new drilling only further subjects our beaches to oil spills developing alternative energy was succinctly will bring us lower prices and that we still have that become exacerbated by hurricane dam- illustrated when Congressional Republicans, plenty of time to get ourselves off this oil adage and contributes to global climate change. needing to reduce the overall cost of their diction, the tougher the day of reckoning will Although the struggle to maintain the existing ‘‘landmark’’ 2005 energy bill, slashed support be. Our economy will continue to be at the protections for Florida’s coast is far from over, for alternative fuels while leaving intact tens of whim of crazy dictators around the world, I promise to be the last man standing in the billions of dollars in taxpayer subsidies for al- globing warming will continue unabated and fight to prevent expanded offshore oil drilling ready rich oil companies. the decisions to send our troops in harm’s way in Florida. The results of these choices aren’t pretty: in will too often be tainted by the stench of oil Mr. TIAHRT. Mr. Speaker, the American 2000, the U.S. imported 53 percent its oil; politics. people have been speaking for months about today, that figure is 59 percent. And while con- And just so we are clear, this ‘‘American’’ oil the need to increase our domestic energy pro- sumers pay record high prices at the pump, oil we want to drill for is more likely to end up in duction. Never has the political will been so companies are racking up record high oil prof- gas tanks in Beijing or Calcutta than in Wash- strong for the opening up of our domestic re- its. Exxon-Mobil’s last quarterly profits were ington or Wasilla because oil markets are sources both on- and offshore. But, this Dem- $11 billion, the largest in human history. The global. The multinational oil companies that ocrat-controlled Congress is not heeding the other oil and gas behemoths pulled in similarly will sink their rigs off California or Virginia will voice of its constituents and has failed them spectacular profits. be selling ‘‘American’’ oil to the highest bidder. by bringing H.R. 6899 to the floor today. But the failure of President Bush’s strategy That is one reason why none other than the Our Nation is currently facing one of the was both predictable and predicted. Demo- Bush Administration’s own Energy Information most significant energy challenges in its his- crats in Congress pointed out that the vast Administration concluded that even opening tory. We are not producing enough energy to majority of offshore oil and gas reserves were the entire U.S. coastline to more drilling would provide for our growing economy. This bill in- already available for exploitation. Even if they have virtually no impact on oil prices. adequately addresses this challenge because hadn’t been and we made them all available We need to end our addiction to fossil fuels it keeps 88 percent of our known resources in to drilling, there is still that troubling U.S. de- and we need to start now. Expanded drilling the Outer Continental Shelf, OCS, off limits to mand versus U.S. supply contradiction. off our coasts will not bring us closer to that new domestic energy exploration. If Congress For years, Democrats tried to convince the goal. is serious about energy independence and Republicans then in charge of Congress that Mr. HASTINGS of Florida. Mr. Speaker, I lowering the cost of fuel, this isn’t the bill. real energy security would be found by making rise today in strong support of the Com- America deserves a comprehensive, bipartisan our cars, buildings and appliances more effi- prehensive American Energy Security and energy bill that opens up our domestic re- cient; by dramatically speeding up the devel- Taxpayer Protection Act. This comprehensive sources, incentivizes the discovery of renew- opment of renewable and alternative energy energy bill provides a marked change to Re- able technologies and encourages conserva- sources; and by beginning the long, hard tran- publicans’ solitary drumbeat of their flawed en- tion. This is the policy that will lead America sition away from fossil fuels that imperil our ergy policy which only maintains the oil-con- into energy independence in the long-term and economy, damage our planet and come most- suming status quo. Instead of trying to score bring down the price of gas in the short-term.

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00124 Fmt 0688 Sfmt 9920 E:\BR08\H16SE8.004 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19308 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 September 16, 2008 Before I get into why this bill fails our con- ica become energy independent. We des- tion striving to eliminate our dependence on stituents, I want to point out a provision I do perately need energy freedom in America. foreign oil, so that future generations are not support. I was pleased the provision that Why does this bill fail our constituents? This faced with the same energy problems. It is my makes it a Federal crime for oil companies bill fails our constituents because it doesn’t goal to continue to work toward a compromise with Federal leases to provide gifts to Govern- bring us any closer to energy independence. package, which can be signed into law, to de- ment employees was inserted in this bill. I am Instead of introducing a bill in the dark of liver the relief the American public needs now deeply disappointed in recent revelations night, this Democrat majority should bring up and an energy policy for the 21st Century. about improper activities between Federal em- a bipartisan bill that has been vetted by both New domestic offshore drilling has been the ployees and oil company representatives. And sides of the aisle. The Speaker has an abun- subject of much debate over the last few I support actions that would help prevent such dance of legislative options that address our months. With Delaware’s coastline and tour- improper activities from happening again. short-term and long-term energy needs. But ism economy in mind I have been cautions However, this bill fails miserably to incentivize she refuses to allow a full debate and vote on about any new drilling that could have a nega- the discovery of new technologies and domes- a comprehensive plan. tive impact. However, I do believe that addi- tic energy sources. For instance, a bipartisan bill, H.R. 6709, tional domestic oil and gas production on a Why does this bill fail our constituents? The the National Conservation, Environment and limited basis and carried out in an environ- Democrat-controlled Congress hastily put to- Energy Independence Act, has been intro- mentally sound manner is realistic, so that gether this 290-page bill in the dark of night duced by Representative ABERCROMBIE (D–HI) American dollars no longer go overseas to in and brought it to the floor the very next morn- and JOHN PETERSON (R–PA). I am a cospon- some cases unfriendly nations. Coupled with ing. At 9:45 p.m. on September 15, 2008, H.R. sor of this bill. One of the principal areas of this must be a sincere commitment to invest in 6899 was introduced. At 10 a.m., H.R. 6899 this legislation is production—the exploration renewable energy development and energy ef- was brought to the House floor without any for and extraction of oil and natural gas in ficiency measures. It is this way that we will amendments and no committee input. This is places such as the Outer Continental Shelf. improve our national security, help address cli- not the process envisioned by our founders. There’s also a call to establish conservation mate change, improve American competitive- Actually, when the Republicans held the ma- and environmental reserve funds that will help ness, and create jobs. Today I voted to support maintaining a ban jority in 2005, they allowed 23 Democrat to preserve and to maintain wildlife refuges on oil and gas development up to 50 miles off amendments to be offered to the energy bill, and public parks and to develop alternative our coastlines, to allow drilling between 50 H.R. 6. This bill fails our constituents because energy, including solar, wind, and biofuels. and 100 miles offshore if states give the green this leadership has shut out the voice of 48 The production of oil and natural gas from light, and to allow the federal government to percent of our constituents by not allowing any within U.S. borders will serve as a bridge to permit drilling from 100 to 200 miles offshore Republican amendments. the Nation’s ‘‘alternative energy future’’ and in the Outer Continental Shelf. The bill en- The bill opens with the words, ‘‘Prohibition will see to it that the royalties from the leasing sures drilling happens in a way that protects on Leasing.’’ The Democrat’s energy solution and sale of that oil and natural gas go to alter- ‘‘coastal environment, marine environment, for the American people is a prohibition on native energy, environmental, and conserva- and human environment of state coastal areas leasing and limited new energy production that tion projects. and the Outer Continental Shelf.’’ A strong will help us achieve energy freedom. This bill A second option is H.R. 6566, the American protective barrier between our coastlines and Energy Act, of which I am also a cosponsor. will produce little if any new oil and gas since where new drilling could begin is important for The American Energy Act is an ‘‘all of the it locks up, by law, the first 50 miles of our protecting sensitive coastal habitat and the above’’ energy strategy that will increase the coasts—on the Pacific coast that is over 97 tourism industry Delaware. A sustainable fed- supply of American-made energy in environ- percent of our known resources. Overall, 88 eral funding mechanism for conservation and mentally sound ways. It will accomplish this by percent of all known resources offshore re- alternative and renewable energy initiatives, opening energy-rich deep ocean resources, main permanently locked under this bill. In- which this bill includes, is critical, but I also Arctic coastal plain, and Inter-Mountain West stead of producing more American energy with support revenue sharing with the states, in- oil shale resources for more environmentally American workers, the Democrats would rath- cluding impacted neighboring states, which er rely on foreign nations to produce our oil safe oil and gas exploration. This bill will also this legislation unfortunately omits. and natural gas. This is economically and en- improve energy conservation and efficiency by As for renewable energy production and environmentally irresponsible. providing tax incentives for businesses and ergy efficiency measures, which I have sup- In the 50–100 miles beyond the Atlantic and families that improve their energy efficiency. ported many times in the last few months, the Pacific shores, the adjacent state must ap- This legislation focuses heavily on the pro- bill provides $19 billion over ten years in tax prove any lease. But what makes this provi- motion of alternative and renewable energy incentives. Included in this is a short-term ex- sion even more unlikely to produce any new technologies through spurring the develop- tension of the production tax credit for renew- energy offshore is the fact that the bill does ment of alternative fuels by permanently ex- able energy production, like wind facilities, crit- not share any of the royalties with adjacent tending the tax credit for alternative energy ical for states like Delaware pushing offshore states. Thus, it effectively removes any incen- production, including wind, solar and hydrogen wind projects. We must continue strive for tive for states to ‘‘opt in’’ while changing cur- and promoting coal-to-liquids technology. longer-term incentives. To pay for the contin- rent policy on state revenue sharing. These are the policies that will lead America ued investment in these important measures, Why is this bill failing our constituents? Our into energy independence. While I cannot sup- the bill requires U.S. oil companies to renego- country holds the largest supply of clean coal port this bill today, if H.R. 6709, the bipartisan tiate leases and pay royalty payments and rein the world. But this bill does nothing to pro- energy bill were to be brought to the House peals certain tax incentives at a time of record mote clean coal and coal to liquid tech- floor, I would vote ‘‘yes.’’ If H.R. 6566, an ‘‘all profits. The legislation also includes a require- nologies. of the above’’ energy bill were brought to the ment that power companies generate 15 per- Why does this bill fail our constituents? House floor, I would vote ‘‘yes.’’ It is my hope cent of their energy from renewable sources Americans face a significant increase in our that these bills will be brought to the floor of by 2020, which I have previously supported. electricity rates in the coming months. This bill the House of Representatives before the The measure also allows leasing federal does nothing to increase our capacity; in fact, 110th Congress adjourns. These are the bills lands for oil shale production, only if states this bill imposes a new 15 percent renewable that actually address and allow America to ex- like Colorado, Utah and Wyoming allow it. energy requirement on utilities. This bill fails plore our own domestic resources and build a While I believe alternative fuels are important our constituents because these new renew- bridge to our future energy sources. to develop, I believe we should not make com- able energy requirements will be passed along Mr. CASTLE. Mr. Speaker, I remain frus- mercially available those that are more green- to them in the form of higher monthly utility trated that Congress has yet to arrive at a house gas intensive than conventional fuels. bills. compromise to ensure a majority vote in both Other provisions included in the bill are tax The American people deserve a rational, chambers on a comprehensive energy pack- incentives for coal projects that capture car- transparent debate about developing domestic age. There is a finite supply of oil and increas- bon, plug-in hybrid cars, and fueling stations energy resources. Congress should pass a bi- ing global demand, and this picture will not for natural gas vehicles, and grants for public partisan energy plan that includes conserva- change. For this reason, I believe that all solu- transportation agencies; requiring the U.S. De- tion, production, and innovation to help Amer- tions are essential in any compromise legisla- partment of the Interior to offer oil and gas

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00125 Fmt 0688 Sfmt 9920 E:\BR08\H16SE8.004 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 19309 lease sales on the National Petroleum Re- the tools and the incentives to break free of ence on Hugo Chavez and unstable Middle serve in Alaska on an annual basis; encour- our dependence on oil. It is estimated that the Eastern nations for their sources of oil. aging completion of a new oil and gas pipeline renewable electricity standard will save Amer- I cannot support a bill that says no to clean to aid the transmission of supply; and rein- ican consumers up to $18 billion by 2020. In coal, no to nuclear and no to new refineries. states the ban on the export of Alaskan oil. addition, the tax credits will help spur the cre- Energy is the critical issue of our time, and Additionally, this bill requires oil companies to ation of new, green jobs and encourage the this Democratic Congress refuses to let the ‘‘diligently develop’’ all of their current leases next generation of job development here in House engage in and debate a real, meaning- for energy production or relinquish them. Fi- America. ful energy bill that actually produces energy. nally, the legislation requires the government The bill also ensures that oil companies will We need a vigorous energy policy that relies to release 70 million barrels of crude oil in ex- pay their fair share of royalties on their drilling on American resources for American energy change from the Strategic Petroleum Reserve. leases. Due to errors made by the Department while growing our economy and creating Many of these provisions have been consid- of the Interior in 1998 and 1999, many oil countless new jobs. ered by the House in earlier iterations and I companies who were granted leases during The American people expect and deserve believe represent substantive small steps we that time were exempt from paying royalties. better. This country needs a serious, aggres- can take now to make additional supply avail- This has amounted to $15 billion in lost reve- sive, all-of-the-above energy plan that will lead able and some of which could reduce prices nues to the American taxpayer. There is abso- us to energy independence, not a hoax of an immediately. lutely no reason that oil companies should energy bill. My priority is promoting pragmatic solutions continue to cash in while American families Ms. MCCOLLUM of Minnesota. Mr. Speak- that cover a broader spectrum of energy poli- can’t even make ends meet. By rectifying this er, I rise today in strong support of the Com- cies, including intensifying development of al- error, H.R. 6899 will ensure that the Interior prehensive American Energy Security and ternatives, extending renewable and efficiency Department will be able to collect the pay- Consumer Protection Act (H.R. 6899) and tax credits, implementing stronger efficiency ments owed to hardworking Americans. would like to commend Chairman RAHALL, standards, and encouraging more conserva- Given the current crisis, it is necessary we Speaker PELOSI, and the Democratic leader- tion. A comprehensive compromise energy take the first step to reach our larger goal of ship for their hard work on this important legis- policy is critical for our national security, public energy independence. The Democratic leader- lation. health, meeting the challenges of global warm- ship has wisely rejected the Republican Par- America stands at a crossroads with regard ing, and bolstering the economy. ty’s shortsighted call for ‘‘drill-only’’ legislation, to our country’s energy security. In 2008, gas- There is no silver bullet and we must be and instead has put forward a responsible oline and home heating prices have risen to willing to compromise. I hope that the House plan to give states the option to decide if por- record levels, burdening middle class Amer- and Senate will now sit down and craft yet an- tions of the Outer Continental Shelf no closer ican families during already tough economic other compromise that we can deliver to the than 50 miles off our shores will be opened to times. This Congress has a choice to make President as soon as possible. oil drilling—and it requires oil companies to and America’s families deserve action. Ms. ROYBAL-ALLARD. Mr. Speaker, I rise drill on their existing leases or lose them. I am Congress can continue to follow the path of in support of H.R. 6899, the Comprehensive gratified that the legislation will incorporate en- the past and increase our Nation’s addiction American Energy Security and Consumer Pro- vironmental safeguards by permanently with- on oil companies and foreign produced petro- tection Act. drawing national marine monuments and na- leum from countries like Saudi Arabia, Iraq, Every day my constituents contact my office tional marine sanctuaries from leasing eligi- Venezuela, and Nigeria. Some voices now wanting to know what Congress is doing to bility. claim that the U.S. can achieve energy inde- lower gas prices. Many of these families work I urge my colleagues to support this legisla- pendence by exploiting all currently protected full-time. Some even have more than one job. tion to protect our shores from the lifting of the lands and coastal areas, allowing drilling wher- Yet as a result of skyrocketing energy costs offshore drilling moratorium and as a first step ever oil companies want to drill. Of course, and a weakening economy, they are struggling away from dependence on foreign oil and to- since the U.S. consumes twenty-five percent to make ends meet. ward critical investments in renewable energy of the world’s oil and possesses less than 3 Mr. Speaker, there is something fundamen- technology. This legislation provides the foun- percent of global petroleum reserves, the tally wrong with our energy policy when hard- dation for a long-term strategy to move the ‘‘drill, baby, drill’’ rhetoric is both simplistic and working American families are increasingly Nation on the road to energy independence. simply false. burdened by escalating energy prices, while Mr. MARIO DIAZ-BALART of Florida. Mr. The American people need to know that oil companies continue to reap record profits. Speaker, the Comprehensive American En- government estimates state that if drilling was Congress has a duty to move past short-sight- ergy Security and Consumer Protection Act in- allowed in all restricted offshore sites and the ed solutions, and pass this legislation which creases regulation and continues to limit pro- Arctic National Wildlife Refuge (a policy I will provide the first steps to ending this in- duction of abundant American energy re- strongly oppose) it would pump only one mil- equity and our Nation’s addiction to oil. sources. This legislation follows the Majority’s lion extra barrels of oil per day onto the global While I have serious concerns about the ex- typical path of runaway spending, higher market by 2025, less than 1 percent of pro- pansion of offshore drilling, I recognize how- taxes, and more red tape for domestic energy jected global output. For consumers this would ever, that this compromise is needed to ad- production: translate into a 2 cent reduction in price in the dress the expiration of the moratorium on This legislation deepens our dependence on year 2025. The ‘‘drill, baby, drill’’ crowd ap- Outer Continental Shelf drilling and move the foreign oil by permanently banning production pears to be committed to advancing the inter- other important provisions in the legislation of 97 percent of the 10.5 billion barrels off the ests of the oil companies while leaving the forward. coast of California, and over 85 percent of American people with a potentially miniscule While it is far from perfect, H.R. 6899 is a American’s energy resources. price reduction seventeen years from now. necessary and realistic compromise that in ad- It contains no revenue sharing provision, Their proposal is not a policy solution, but dition to preventing drilling only three miles off thus giving states a major disincentive to rather a political gimmick. our shores, will help expand our domestic en- agree to off-shore drilling. It also prohibits drill- There is another option, a plan to move ergy supply, encourage energy efficiency and ing in areas where experts say most of the en- America forward towards energy independ- conservation, and reduce our Nation’s de- ergy resources is known to be found. ence with a comprehensive energy policy that pendence on oil. H.R. 6899 imposes a massive tax increase focuses on investments in renewable energy, H.R. 6899 will address our energy crisis by of $17.7 billion over 10 years on companies energy efficiency, conservation, and maxi- the temporary release of almost 10 percent of engaged in domestic energy production. At mizing the potential of existing fossil fuel the oil in the Strategic Petroleum Reserve. this time of economic uncertainty, increasing sources with the necessary restrictions to pro- This is expected to have the direct result of taxes does nothing but threaten millions of tect the environment. Responsible drilling is a lower gas prices in the short-term. American jobs. By raising costs on domestic part of this plan as a transition to a clean en- The bill also invests in renewable energy production, consumers can expect the higher ergy future. I will continue to oppose any ‘‘give technology by establishing a package of re- taxes to be passed down to them. This meas- aways’’ that allow special advantages to oil newable energy tax credits and creating a re- ure would limit efforts to expand American en- companies to exploit the limited natural renewable electricity standard, thereby giving us ergy supplies, which ensures further depend- sources belonging to American taxpayers and

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00126 Fmt 0688 Sfmt 9920 E:\BR08\H16SE8.004 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19310 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 September 16, 2008 limit the ability of American families to receive Strike all after the enacting clause and in- the authority of section 12(a) of the Outer a fair price at the pump. sert the following: Continental Shelf Lands Act (43 U.S.C. Today, oil companies have leases on 68 SECTION 1. SHORT TITLE. 1341(a)), are hereby revoked and are no million acres of federal lands. Right now they This Act may be cited as the ‘‘National longer in effect with respect to the leasing of areas for exploration for, and development have access to drill within 182 million acres of Conservation, Environment, and Energy Independence Act’’. and production of natural gas and oil. the Outer Continental Shelf (OCS) surrounding (c) GULF OF MEXICO OIL AND GAS.—Section SEC. 2. TABLE OF CONTENTS-. Alaska and the lower 48 states. This bill, H.R. 104 of division C of the Tax Relief and Health The table of contents for this Act is as fol- 6899, requires that oil companies make use of Care Act of 2006 (Public Law 109–432; 120 Stat. lows: 3003) is repealed. these existing leases by commencing explo- Sec. 1. Short title. (d) OIL SHALE.—Section 433 of the Depart- ration on these lands or relinquish their Sec. 2. Table of contents. ment of the Interior, Environment, and Re- leases. If more drilling is the goal of the petro- TITLE I—OFFSHORE AND ONSHORE leum industry, they currently have the legal lated Agencies Appropriations Act, 2008 (di- LEASING AND OTHER ENERGY PRO- vision F of Public Law 110–161; 121 Stat. 2152) authority to do it on 68 million acres of federal DUCTION is repealed. land and 182 million acres of the OCS. And, Sec. 101. Termination of prohibitions on ex- SEC. 102. OUTER CONTINENTAL SHELF LEASING with oil companies profits projected at $160 penditures for, and withdrawals PROGRAM. billion for 2008, they have the money to do it from, offshore and onshore leas- The Outer Continental Shelf Lands Act (43 without federal tax breaks or sweetheart deals ing and other limitations on en- U.S.C. 1331 et seq.) is amended by inserting at taxpayer expense. ergy production. after section 9 the following: House Democrats recognize that American Sec. 102. Outer continental shelf leasing pro- ‘‘SEC. 10. MORATORIA AREA AND STATE DIS- families are seeking relief from high energy gram. APPROVAL REQUIREMENT WITH RE- Sec. 103. Sharing of revenues. SPECT TO LEASING. prices and a stabilizing of prices. For this rea- Sec. 104. Policies regarding buying and build- ‘‘(a) PROHIBITION ON LEASING.—The Sec- son this energy bill allows for the release of ing American. retary may not issue any lease authorizing ten percent of the light crude from the Stra- Sec. 105. Elimination of other restrictions on exploration for, or development of, natural tegic Petroleum Reserve to increase domestic use of energy alternatives. gas or oil in any area of the outer Conti- oil supply. In the short-term, allowing this oil TITLE II—CLEANER ENERGY PRODUC- nental Shelf that is located within 25 miles onto the market will help to stabilize prices. TION AND ENERGY CONSERVATION IN- of the coastline of a State. It is time to take America in a new direction, CENTIVES ‘‘(b) STATE DISAPPROVAL AUTHORITY.—The moving away from the Bush Administration’s Sec. 201. Extension of renewable energy cred- Secretary may not issue any lease author- policy of dependency on foreign oil and toward it. izing exploration for, or development of, natural gas or oil in any area of the outer Conti- bold investments in America’s energy future. Sec. 202. Extension of credit for alternative fuel vehicles. nental Shelf that is located more than 25 By repealing $19 billion dollars worth of un- miles and less than 50 miles from the coast- necessary subsidies to oil companies and in- Sec. 203. Extension of alternative fuel vehicle refueling property credit. line of a State if the State has enacted, with- vesting these funds in clean renewable en- Sec. 204. Extension of credit for energy effi- in the 1-year period beginning on the date of ergy, the Comprehensive American Energy cient appliances. the enactment of the National Conservation, Security Act will create of thousands of new Sec. 205. Extension of credit for nonbusiness Environment, and Energy Independence Act, American jobs, reduce America’s dependence energy property. a law disapproving of the issuance of such on foreign energy sources, and ensure re- Sec. 206. Extension of credit for residential leases by the Secretary. ‘‘(c) MILITARY OPERATIONS.—The Secretary energy efficient property. sponsible stewardship of our environment shall consult with the Secretary of Defense Sec. 207. Extension of new energy efficient today and for generations to come. regarding military operations needs in the home credit. Today, I reflect the views of my constituents Outer Continental Shelf. The Secretary shall Sec. 208. Extension of energy efficient com- work with the Secretary of Defense to re- by voting for a forward thinking, comprehen- mercial buildings deduction. solve any conflicts that might arise between sive energy policy. Passing the Comprehen- Sec. 209. Extension of energy credit. such operations and leasing under this sec- sive American Energy Security Act will be a Sec. 210. Extension of credit for clean renew- tion. If the Secretaries are unable to resolve big step towards energy independence and able energy bonds. all such conflicts, any unresolved issues the creation of a green American economy. Sec. 211. Extension of credits for biodiesel shall be referred by the Secretaries to the and renewable diesel. I urge my colleagues to support the Com- President in a timely fashion for immediate Sec. 212. Credit for plug-in hybrid vehicles. prehensive American Energy Security Act. resolution.’’. The SPEAKER pro tempore. All time Sec. 213. Time for payment of corporate estimated taxes. SEC. 103. SHARING OF REVENUES. for debate has expired. (a) IN GENERAL.—Section 8(g) of the Outer TITLE III—MODIFYING THE STRATEGIC Pursuant to House Resolution 1433, Continental Shelf Lands Act (43 U.S.C. PETROLEUM RESERVE AND FUNDING the bill is considered read and the pre- 1337(g)) is amended— CONSERVATION AND ENERGY RE- vious question is ordered. (1) in paragraph (2) by striking ‘‘Notwith- SEARCH AND DEVELOPMENT The question is on the engrossment standing’’ and inserting ‘‘Except as provided and third reading of the bill. Sec. 301. Findings. in paragraph (6), and notwithstanding’’; The bill was ordered to be engrossed Sec. 302. Definitions. (2) by redesignating paragraphs (6) and (7) Sec. 303. Objectives. as paragraphs (8) and (9); and and read a third time, and was read the Sec. 304. Modification of the Strategic Petro- third time. (3) by inserting after paragraph (5) the fol- leum Reserve. lowing: b 2115 Sec. 305. Energy Independence and Security ‘‘(6) BONUS BIDS AND ROYALTIES UNDER Fund. QUALIFIED LEASES.— MOTION TO RECOMMIT TITLE I—OFFSHORE AND ONSHORE LEAS- ‘‘(A) NEW LEASES.—Of amounts received by Mr. PETERSON of Pennsylvania. Mr. ING AND OTHER ENERGY PRODUCTION the United States as bonus bids, royalties, Speaker, I have a motion to recommit SEC. 101. TERMINATION OF PROHIBITIONS ON rentals, and other sums collected under any at the desk. EXPENDITURES FOR, AND WITH- qualified lease on submerged lands made The SPEAKER pro tempore. Is the DRAWALS FROM, OFFSHORE AND available for leasing under this Act by the gentleman opposed to the bill? ONSHORE LEASING AND OTHER LIM- enactment of the National Conservation, En- Mr. PETERSON of Pennsylvania. ITATIONS ON ENERGY PRODUCTION. vironment, and Energy Independence Act Yes, in its current form. (a) PROHIBITIONS ON EXPENDITURES.—All that are located within the seaward bound- The SPEAKER pro tempore. The provisions of Federal law that prohibit the aries of a State established under section expenditure of appropriated funds to conduct 4(a) (2) (A)— Clerk will report the motion to recom- natural gas, oil, oil shale, and other energy ‘‘(i) 30 percent shall be deposited in the mit. production leasing and preleasing activities general fund of the Treasury; The Clerk read as follows: for Federal lands shall have no force or effect ‘‘(ii) 30 percent shall be paid to the States Mr. Peterson of Pennsylvania moves to re- with respect to such activities. that are producing States with respect to commit the bill H.R. 6899 to the Committee (b) REVOCATION WITHDRAWALS.—All with- those submerged lands; on Natural Resources with instructions to drawals of Federal submerged lands of the ‘‘(iii) 8 percent shall be deposited in the report the same back to the House forthwith Outer Continental Shelf from leasing, in- Conservation Reserve established by para- with the following amendment: cluding withdrawals by the President under graph (7);

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00127 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.004 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 19311

‘‘(iv) 10 percent shall be deposited in the ‘‘(i) the Conservation Reserve, to offset the ‘‘(C) EXPENDITURES ONLY BY SECRETARY OF Environment Restoration Reserve estab- cost of legislation enacted after the date of THE INTERIOR IN CONSULTATION.—Legislation lished by paragraph (7); the enactment of the National Conservation, shall not be treated as legislation referred to ‘‘(v) 15 percent shall be deposited in the Re- Environment, and Energy Independence Act in subparagraph (A) unless any expenditure newable Energy Reserve established by para- for conservation programs, such as weather- under such legislation for a purpose referred graph (7); ization, and conservation tax credits and de- to in that subparagraph may be made only ‘‘(vi) 5 percent shall be deposited in the ductions for energy efficiency in the residen- after consultation with the Administrator of Carbon Capture/Sequestration and Nuclear tial, commercial, industrial and public sec- the Environmental Protection Agency, the Waste Reserve Established by paragraph (7); tors, including Conservation Districts; Administrator of the National Oceanic and and ‘‘(ii) the Environment Restoration Re- Atmospheric Administration, the Secretary ‘‘(vii) 2 percent shall be available to the serve, to offset the cost of legislation en- of the Army acting through the Corps of En- Secretary of Health and Human Services for acted after the date of the enactment of the gineers, and, as appropriate, the Secretary of carrying out the Low-Income Home Energy National Conservation, Environment, and State. Assistance Act of 1981 (42 U.S.C. 8621, et seq.). Energy Independence Act to conduct restora- ‘‘(8) MAINTENANCE OF EFFORT BY STATES.— ‘‘(B) LEASED TRACT THAT LIES PARTIALLY tion activities to improve the overall health The Secretary of the Interior, the Secretary WITHIN THE SEAWARD BOUNDARIES OF A of the ecosystems primarily or entirely with- of Health and Human Services, the Secretary STATE.—In the case of a leased tract that lies in wildlife refuges, national parks, lakes, of Energy, and any other Federal official partially within the seaward boundaries of a bays, rivers, and streams, in-eluding the with authority to implement legislation re- State, the amounts of bonus bids and royal- Great Lakes, the Chesapeake and Delaware ferred to in paragraph (6)(A) shall ensure ties from such tract that are subject to sub- Bays, the San Francisco Bay/Sacramento that financial assistance provided to a State paragraph (A)(ii) with respect to such State San Joaquin Bay Delta, the Florida Ever- under that legislation for any purpose with shall be a percentage of the total amounts of glades, New York Harbor, the Colorado River amounts made available under this sub- bonus bids and royalties from such tract Basin, and Intracoastal Waterways and in- section or in any legislation with respect to that is equivalent to the total percentage of lets that serve them; which paragraph (7) applies supplement, and surface acreage of the tract that lies within ‘‘(iii) the Renewable Energy Reserve, to do not replace, the amounts expended by the such seaward boundaries. offset the cost of legislation enacted after State for that purpose before the date of the ‘‘(C) USE OF PAYMENTS TO STATES.— the date of the enactment of the National enactment of the National Conservation, En- Amounts paid to a State under subparagraph Conservation, Environment, and Energy vironment, and Energy Independence Act’’. (b) ESTABLISHMENT OF STATE SEAWARD (A)(ii) shall be used by the State for one or Independence Act to accelerate the use of BOUNDARIES.—Section 4(a)(2)(A) of the Outer more of the following: cleaner domestic energy resources and alter- ‘‘(i) Education. Continental Shelf Lands Act (43 U.S.C. native fuels; to promote the utilization of 1333(a)(2)(A)) is amended in the first sentence ‘‘(ii) Transportation. energy-efficient products and practices; and ‘‘(iii) Coastal restoration, environmental by striking ‘‘, and the President’’ and all to increase research, development, and de- that follows through the end of the sentence restoration, and beach replenishment. ployment of clean renewable energy and effi- ‘‘(iv) Energy infrastructure. and inserting the following: ‘‘. Such extended ciency technologies and job training pro- ‘‘(v) Renewable energy development. lines are deemed to be as indicated on the grams for those purposes; and ‘‘(vi) Energy efficiency and conservation. maps for each Outer Continental Shelf re- ‘‘(vii) Any other purpose determined by ‘‘(iv) the Carbon Capture and Sequestra- gion entitled ‘Alaska OCS Region State Ad- State law. tion Reserve, to offset the cost of legislation jacent Zone and OCS Planning Areas’, ‘Pa- ‘‘(D) DEFINITIONS.—In this paragraph: enacted after the date of the enactment of cific OCS Region State Adjacent Zones and ‘‘(i) ADJACENT STATE.—The term ‘Adjacent the National Conservation, Environment, OCS Planning Areas’, ‘Gulf of Mexico OCS State’ means, with respect to any program, and Energy Independence Act to promote re- Region State Adjacent Zones and OCS Plan- plan, lease sale, leased tract or other activ- search and development projects associated ning Areas’, and ‘Atlantic OCS Region State ity, proposed, conducted, or approved pursu- with carbon capture and storage in the pro- Adjacent Zones and OCS Planning Areas’, all ant to the provisions of this Act, any State duction of liquid transportation fuels, syn- of which are dated September 2005 and on file the laws of which are declared, pursuant to thetic natural gas, chemical feedstocks, and in the Office of the Director, Minerals Man- section 4(a)(2), to be the law of the United electricity, and for the disposition and recy- agement Service. The preceding sentence States for the portion of the outer Conti- cling/reprocessing of nuclear waste from nu- shall not apply with respect to the treat- nental Shelf on which such program, plan, clear power plants. ment under section 105 of the Gulf of Mexico lease sale, leased tract, or activity apper- ‘‘(B) PROCEDURE FOR ADJUSTMENTS.— Energy Security Act of 2006 (title I of divi- tains or is, or is proposed to be, conducted. ‘‘ (i) BUDGET COMMITTEE CHAIRMAN.—After sion C of Public Law 109–432) of qualified ‘‘(ii) ADJACENT ZONE.—The term ‘adjacent the reporting of a bill or joint resolution, or outer Continental Shelf revenues deposited zone’ means, with respect to any program, the offering of an amendment thereto or the and disbursed under subsection (a)(2) of that plan, lease sale, leased tract, or other activ- submission of a conference report thereon, section.’’. ity, proposed, conducted, or approved pursu- providing funding for the purposes set forth SEC. 104. POLICIES REGARDING BUYING AND ant to the provisions of this Act, the portion in clause (i), (ii), (iii), or (iv) of subparagraph BUILDING AMERICAN. of the outer Continental Shelf for which the (A) in excess of the amount of the deposits (a) INTENT OF CONGRESS.—It is the intent of laws of a particular adjacent State are de- under paragraph (6)(A) for those purposes for the Congress that this Act, among other clared, pursuant to section 4(a)(2), to be the fiscal year 2009, the chairman of the Com- things, result in a healthy and growing law of the United States. mittee on the Budget of the applicable House American industrial, manufacturing, trans- ‘‘(iii) PRODUCING STATE.—The term ‘proof Congress shall make the adjustments set portation, and service sector employing the ducing State’ means an Adjacent State hav- forth in clause (ii) for the amount of new vast talents of America’s workforce to assist ing an adjacent zone containing leased tracts budget authority and outlays in that meas- in the development of energy from domestic from which are derived bonus bids and royal- ure and the outlays flowing from that budget sources. Moreover, the Congress intends to ties under a lease under this Act. authority. monitor the deployment of personnel and ‘‘(iv) STATE.—The term ‘State’ includes ‘‘(ii) MATTERS TO BE ADJUSTED.—The ad- material onshore and offshore to encourage Puerto Rico and the other territories of the justments referred to in clause (i) are to be the development of American technology United States. made to— and manufacturing to enable United States ‘‘(v) QUALIFIED LEASE.—The term ‘qualified ‘‘(I) the discretionary spending limits, if workers to benefit from this Act by good lease’ means a natural gas or oil lease made any, set forth in the appropriate concurrent jobs and careers, as well as the establish- available under this Act granted after the resolution on the budget; ment of important industrial facilities to date of the enactment of the National Con- ‘‘(II) the allocations made pursuant to the support expanded access to American reservation, Environment, and Energy Inde- appropriate concurrent resolution on the sources. pendence Act, for an area that is available budget pursuant to section 302(a) of the Con- (b) SAFEGUARD FOR EXTRAORDINARY ABIL- for leasing as a result of enactment of sec- gressional Budget Act of 1974; and ITY.—Section 30(a) of the Outer Continental tion 101 of that Act. ‘‘(III) the budget aggregates contained in Shelf Lands Act (43 U.S.C. 1356(a)) is amend- ‘‘(E) APPLICATION.—This paragraph shall the appropriate concurrent resolution on the ed in the matter preceding paragraph (1) by apply to bonus bids and royalties received by budget as required by section 301(a) of the striking ‘‘regulations which’’ and inserting the United States under qualified leases Congressional Budget Act of 1974. ‘‘regulations that shall be supplemental and after September 30, 2008. ‘‘(iii) AMOUNTS OF ADJUSTMENTS.—The ad- complimentary with and under no cir- ‘‘(7) ESTABLISHMENT OF RESERVE AC- justments referred to in clauses (i) and (ii) cumstances a substitution for the provisions COUNTS.— shall not exceed the receipts estimated by of the Constitution and laws of the United ‘‘(A) IN GENERAL.—For budgetary purposes, the Congressional Budget Office that are at- States extended to the subsoil and seabed of there is established as a separate account to tributable to this Act for the fiscal year in the outer Continental Shelf pursuant to sec- receive deposits under paragraph (6)(A)— which the adjustments are made. tion 4 of this Act, except insofar as such laws

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00128 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.004 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19312 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 September 16, 2008 would otherwise apply to individuals who lating to aggregate credit amount allowed) vehicle placed in service by the taxpayer have extraordinary ability in the sciences, is amended by inserting ‘‘beginning after De- during the taxable year. arts, education, or business, which has been cember 31, 2007’’ after ‘‘for all prior taxable ‘‘(b) PER VEHICLE DOLLAR LIMITATION.— demonstrated by sustained national or inter- years’’. ‘‘(1) IN GENERAL.—The amount determined national acclaim, and that’’. (c) EFFECTIVE DATE.—The amendments under this subsection with respect to any SEC. 105. ELIMINATION OF OTHER RESTRICTIONS made by this section shall apply to appli- qualified plug-in hybrid vehicle is the sum of ON USE OF ENERGY ALTERNATIVES. ances produced after December 31, 2007. the amounts determined under paragraphs (a) RENEWABLE BIOMASS.—Section SEC. 205. EXTENSION OF CREDIT FOR NONBUSI- (2) and (3) with respect to such vehicle. 211(o)(1)(I) of the Clean Air Act (42 U.S.C. NESS ENERGY PROPERTY. ‘‘(2) BASE AMOUNT.—The amount deter- 7545(o)(1)(I)) is amended effective January 1, (a) IN GENERAL.—Section 25C(g) of the In- mined under this paragraph is $4,000. 2009— ternal Revenue Code of 1986 (relating to ter- ‘‘(3) BATTERY CAPACITY.—In the case of ve- (1) in clause (ii), by striking ‘‘on non-fed- mination) is amended by striking ‘‘December hicle which draws propulsion energy from a eral land’’; and 31, 2007’’ and inserting ‘‘December 31, 2013’’. battery with not less than 5 kilowatt hours (2) in clause (iv), by striking ‘‘that are (b) EFFECTIVE DATE.—The amendment of capacity, the amount determined under from non-federal forestlands, including made by this section shall apply to property this paragraph is $200, plus $200 for each kilo- forestlands’’ and inserting ‘‘from forestlands, placed in service after December 31, 2007. watt hour of capacity in excess of 5 kilowatt hours. The amount determined under this including those on public lands and those’’. SEC. 206. EXTENSION OF CREDIT FOR RESIDEN- (b) ALTERNATIVE FUELS.—Section 526 of the TIAL ENERGY EFFICIENT PROPERTY. paragraph shall not exceed $2,000. Energy Independence and Security Act of Section 25D(g) of the Internal Revenue ‘‘(c) APPLICATION WITH OTHER CREDITS.— ‘‘(1) BUSINESS CREDIT TREATED AS PART OF 2007 (42 U.S.C. 17142) is repealed. Code of 1986 (relating to termination) is GENERAL BUSINESS CREDIT.—So much of the (c) LIMITATION ON NUMBER OF NEW QUALI- amended by striking ‘‘December 31, 2008’’ and credit which would be allowed under sub- FIED HYBRID ADVANCED LEAN-BURN TECH- inserting ‘‘December 31, 2014’’. NOLOGY VEHICLES.—Section 30B of the Inter- section (a) for any taxable year (determined SEC. 207. EXTENSION OF NEW ENERGY EFFI- without regard to this subsection) that is at- nal Revenue Code of 1986 is amended by CIENT HOME CREDIT. tributable to property of a character subject striking subsection (f). Subsection (g) of section 45L of the Inter- to an allowance for depreciation shall be TITLE II—CLEANER ENERGY PRODUC- nal Revenue Code of 1986 (relating to termi- treated as a credit listed in section 38(b) for TION AND ENERGY CONSERVATION IN- nation) is amended by striking ‘‘December such taxable year (and not allowed under CENTIVES 31, 2008’’ and inserting ‘‘December 31, 2013’’. subsection (a)). SEC. 201. EXTENSION OF RENEWABLE ENERGY SEC. 208. EXTENSION OF ENERGY EFFICIENT ‘‘(2) PERSONAL CREDIT.— CREDIT. COMMERCIAL BUILDINGS DEDUC- ‘‘(A) IN GENERAL.—For purposes of this Each of the following provisions of section TION. title, the credit allowed under subsection (a) 45(d) of the Internal Revenue Code of 1986 (re- Section 179D(h) of the Internal Revenue for any taxable year (determined after appli- lating to qualified facilities) is amended by Code of 1986 (relating to termination) is cation of paragraph (1)) shall be treated as a striking ‘‘January 1, 2009’’ and inserting amended by striking ‘‘December 31, 2008’’ and credit allowable under subpart A for such ‘‘January 1, 2013’’: inserting ‘‘December 31, 2013’’. taxable year. (1) Paragraph (1) (relating to wind facil- SEC. 209. EXTENSION OF ENERGY CREDIT. ‘‘(B) LIMITATION BASED ON AMOUNT OF ity). ( a) SOLAR ENERGY PROPERTY.—Paragraphs TAX.—In the case of a taxable year to which (2) Clauses (i) and (ii) of paragraph (2)(A) (2)(A)(i)(II) and (3)(A)(ii) of section 48(a) of section 26(a)(2) does not apply, the credit al- (relating to closed-loop biomass facility). the Internal Revenue Code of 1986 (relating lowed under subsection (a) for any taxable (3) Clauses (i)(I) and (ii) of paragraph (3)(A) to energy credit) are each amended by strik- year (determined after application of para- (relating to open-loop biomass facility). ing ‘‘January 1, 2009’’ and inserting ‘‘January graph (1)) shall not exceed the excess of— (4) Paragraph (4) (relating to geothermal 1, 2017’’. ‘‘(i) the sum of the regular tax liability (as energy facility). (b) FUEL CELL PROPERTY.—Subparagraph defined in section 26(b)) plus the tax imposed (5) Paragraph (5) (relating to small irriga- (E) of section 48(c)(1) of such Code (relating by section 55, over tion power facility). to qualified fuel cell property) is amended by ‘‘(ii) the sum of the credits allowable under (6) Paragraph (6) (relating to landfill gas striking ‘‘December 31, 2008’’ and inserting subpart A (other than this section and sec- facilities). ‘‘December 31, 2016’’. tions 23 and 25D) and section 27 for the tax- (7) Paragraph (7) (relating to trash combus- (c) MICROTURBINE PROPERTY.—Subpara- able year. tion facilities). graph (E) of section 48(c)(2) of such Code (re- ‘‘(d) QUALIFIED PLUG-IN HYBRID VEHICLE.— (8) Paragraph (8) (relating to refined coal lating to qualified microturbine property) is For purposes of this section— production facility). amended by striking ‘‘December 31, 2008’’ and ‘‘(1) IN GENERAL.—The term ‘qualified (9) Subparagraphs (A) and (B) of paragraph inserting ‘‘December 31, 2013’’. plug-in hybrid vehicle’ means a motor vehi- (9) (relating to qualified hydropower facil- cle (as defined in section 30(c)(2))— ity). SEC. 210. EXTENSION OF CREDIT FOR CLEAN RE- NEWABLE ENERGY BONDS. ‘‘(A) the original use of which commences SEC. 202. EXTENSION OF CREDIT FOR ALTER- (a) EXTENSION.—Section 54(m) of the Inter- with the taxpayer, NATIVE FUEL VEHICLES. nal Revenue Code of 1986 (relating to termi- ‘‘(B) which is acquired for use or lease by Paragraphs (2), (3), and (4) of section 30B(j) nation) is amended by striking ‘‘December the taxpayer and not for resale, of the Internal Revenue Code of 1986 are each 31, 2008’’ and inserting ‘‘December 31, 2013’’. ‘‘(C) which is made by a manufacturer, amended by striking the date therein and in- ‘‘(D) which has a gross vehicle weight rat- serting ‘‘December 31, 2014’’. SEC. 211. EXTENSION OF CREDITS FOR BIO- DIESEL AND RENEWABLE DIESEL. ing of less than 14,000 pounds, SEC. 203. EXTENSION OF ALTERNATIVE FUEL VE- ‘‘(E) which has received a certificate of (a) IN GENERAL.—Sections 40A(g), 6426(c)(6), HICLE REFUELING PROPERTY CRED- conformity under the Clean Air Act and IT. and 6427(e)(5)(B) of the Internal Revenue Code of 1986 are each amended by striking meets or exceeds the Bin 5 Tier II emission (a) IN GENERAL.—Paragraph (2) of section standard established in regulations pre- 30C(g) of such Code (relating to termination) ‘‘December 31, 2008’’ and inserting ‘‘Decem- ber 31, 2013’’. scribed by the Administrator of the Environ- is amended by striking ‘‘December 31, 2009’’ mental Protection Agency under section and inserting ‘‘December 31, 2010’’. (b) EFFECTIVE DATE.—The amendments made by this section shall apply to fuel pro- 202(i) of the Clean Air Act for that make and (b) ALTERNATIVE FUELS.—Paragraph (1) of model year vehicle, section 30C(g) of the Internal Revenue Code duced, and sold or used, after December 31, 2008. ‘‘(F) which is propelled to a significant ex- of 1986 is amended by striking ‘‘hydrogen,’’ tent by an electric motor which draws elec- inserting ‘‘hydrogen or alternative fuels (as SEC. 212. CREDIT FOR PLUG-IN HYBRID VEHI- tricity from a battery which— CLES. defined in section 30B(e)(4)(B)).’’. ‘‘(i) has a capacity of not less than 4 kilo- (a) IN GENERAL.—Subpart B of part IV of SEC. 204. EXTENSION OF CREDIT FOR ENERGY watt hours, and EFFICIENT APPLIANCES. subchapter A of chapter 1 of the Internal ‘‘(ii) is capable of being recharged from an (a) IN GENERAL.—Subsection (b) of section Revenue Code of 1986 (relating to other cred- external source of electricity, and 45M of the Internal Revenue Code of 1986 (re- its) is amended by adding at the end the fol- ‘‘(G) which either— lating to applicable amount) is amended by lowing new section: ‘‘(i) is also propelled to a significant extent striking ‘‘calendar year 2006 or 2007’’ each ‘‘SEC. 30D. PLUG-IN HYBRID VEHICLES. by other than an electric motor, or place it appears in paragraphs (1)(A)(i), ‘‘(a) ALLOWANCE OF CREDIT.—There shall be ‘‘(ii) has a significant onboard source of 1(1)(B)(i), (1)(C)(ii)(I), and (1)(C)(iii)(I), and allowed as a credit against the tax imposed electricity which also recharges the battery inserting ‘‘calendar year 2006, 2007, 2008, 2009, by this chapter for the taxable year an referred to in subparagraph (F). 2010, 2011, 2012, or 2013’’. amount equal to the sum of the credit ‘‘(2) EXCEPTION.—The term ‘qualified plug- (b) RESTART OF CREDIT LIMITATION.—Para- amounts determined under subsection (b) in hybrid vehicle’ shall not include any vehi- graph (1) of section 45M(e) of such Code (re- with respect to each qualified plug-in hybrid cle which is not a passenger automobile or

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00129 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.004 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 19313 light truck if such vehicle has a gross vehicle (4) The table of sections for subpart B of the Secretary shall publish a plan not later weight rating of less than 8,500 pounds. part IV of subchapter A of chapter 1 is than 30 days after the date of enactment of ‘‘(3) OTHER TERMS.—The terms ‘passenger amended by adding at the end the following this Act to— automobile’, ‘light truck’, and ‘manufac- new item: (1) exchange as soon as possible light grade turer’ have the meanings given such terms in ‘‘Sec. 30D). Plug-in hybrid vehicles.’’. petroleum from the Strategic Petroleum Re- regulations prescribed by the Administrator (e) EFFECTIVE DATE.—The amendments serve, in an amount equal to 10 percent of of the Environmental Protection Agency for made by this section shall apply to taxable the total number of barrels of crude oil in purposes of the administration of title II of years beginning after December 31, 2008. the Reserve as of the date of enactment of the Clean Air Act (42 U.S.C. 7521 et seq.). SEC. 213. TIME FOR PAYMENT OF CORPORATE ES- this Act, for an equivalent volume of heavy ‘‘(4) BATTERY CAPACITY.—The term ‘capac- TIMATED TAXES. grade petroleum plus any additional cash ity’ means, with respect to any battery, the Notwithstanding section 6655 of the Inter- bonus bids received that reflect the dif- quantity of electricity which the battery is nal Revenue Code of 1986, in the case of a ference in the market value between light capable of storing, expressed in kilowatt corporation with assets of not less than grade petroleum and heavy grade petroleum hours, as measured from a 100 percent state $1,000,000,000 (determined as of the end of the and the timing of deliveries of the heavy of charge to a 0 percent state of charge. preceding taxable year— grade petroleum; ‘‘(e) SPECIAL RULES.— (1) the percentage under section 401(1) (C) (2) from the gross proceeds of the cash ‘‘(1) BASIS REDUCTION.—The basis of any of the Tax Increase Prevention and Rec- bonus bids, deposit the amount necessary to property for which a credit is allowable onciliation Act of 2005 (as in effect on the pay for the direct administrative and oper- under subsection (a) shall be reduced by the date of the enactment of this Act) is in- ational costs of the exchange into the SPR amount of such credit (determined without creased by 51 percentage points, and Petroleum Account established under sec- regard to subsection (c)). (2) the amount of any required installment tion 167 of the Energy Policy and Conserva- ‘‘(2) RECAPTURE.—The Secretary shall, by of corporate estimated tax which is other- tion Act (42 U.S.C. 6247); and regulations, provide for recapturing the ben- wise due in July, August, or September of (3) deposit 90 percent of the remaining net efit of any credit allowable under subsection 2018 shall be 200 percent of such amount. proceeds from the exchange into the account (a) with respect to any property which ceases The amount of the next required install- established under section 305(a). to be property eligible for such credit. ment after an installment to which para- SEC. 305. ENERGY INDEPENDENCE AND SECU- ‘‘(3) PROPERTY USED OUTSIDE UNITED graph (2) applies shall be appropriately re- RITY FUND. TATES TC OT UALIFIED S , E ., N Q .—No credit duced to reflect the amount of the increase (a) ESTABLISHMENT.—There is hereby es- shall be allowed under subsection (a) with re- by reason of such paragraph. tablished in the Treasury of the United spect to any property referred to in section TITLE III—MODIFYING THE STRATEGIC States the ‘‘Energy Independence and Secu- 50(b)(1) or with respect to the portion of the PETROLEUM RESERVE AND FUNDING rity Fund’’ (in this section referred to as the cost of any property taken into account CONSERVATION AND ENERGY RE- ‘‘Fund’’). under section 179. SEARCH AND DEVELOPMENT (b) ADMINISTRATION.—The Secretary shall ‘‘(4) ELECTION NOT TO TAKE CREDIT.—No be responsible for administering the Fund for SEC. 301. FINDINGS. credit shall be allowed under subsection (a) the purpose of carrying out this section. for any vehicle if the taxpayer elects to not Congress finds the following: (c) DEPOSITS.—The Secretary shall transfer (1) The Strategic Petroleum Reserve (SPR) have this section apply to such vehicle. the balance of funds in the SPR Petroleum ROPERTY USED BY TAX-EXEMPT ENTI- was created by Congress in 1975, to protect ‘‘(5) P Account on the date of enactment of this Act TY; INTERACTION WITH AIR QUALITY AND the Nation from any future oil supply disrup- in excess of $10,000,000 into the Fund. MOTOR VEHICLE SAFETY STANDARDS.—Rules tions. When the program was established, (d) DISTRIBUTION OF FUNDS.—The Secretary United States refiners were capable of han- similar to the rules of paragraphs (6) and (10) shall make available for obligation, without dling light and medium crude and the make of section 30B(h) shall apply for purposes of further appropriation and without fiscal year up of the SPR matched this capacity. This is this section.’’. limitation, the following amounts from the (b) PLUG-IN VEHICLES NOT TREATED AS NEW not the case today. Fund: QUALIFIED HYBRID VEHICLES.—Section (2) A GAO analysis found that nearly half (1) ADVANCED RESEARCH PROJECTS AGEN- 30B(d)(3) is amended by adding at the end the of the refineries considered vulnerable to CY—ENERGY.—The Secretary shall transfer following new subparagraph: supply disruptions are not compatible with $100,000,000 to the account ‘‘Energy Trans- ‘‘(D) EXCLUSION OF PLUG-IN VEHICLES.— the types of oil currently stored in the SPR formation Acceleration Fund’’, established Any vehicle with respect to which a credit and would be unable to maintain normal re- under section 5012(m) of the America COM- is allowable under section 30D (determined fining capacity if forced to rely on SPR oil PETES Act (42 U.S.C. 16538(m)), to remain without regard to subsection (c) thereof) as currently constituted, thereby reducing available until expended. Of the funds so shall not be taken into account under this the effectiveness of the SPR in the event of transferred, the Secretary shall further allo- section.’’. a supply disruption. GAO concluded that the cate the amounts made available for obliga- (c) CREDIT MADE PART OF GENERAL BUSI- SPR should be comprised of at least 10 per- tion as follows: NESS CREDIT.—Section 38(b) is amended by cent heavy crude. (A) $50,000,000 shall be available for uni- striking ‘‘plus’’ at the end of paragraph (32), (3) This Act implements the GAO rec- versity-based research projects. by striking the period at the end of para- ommendation and dedicates funds received (B) $10,000,000 shall be available for pro- graph (33) and inserting ‘‘, plus’’, and by add- from the transactions to existing energy gram direction expenses. ing at the end the following new paragraph: conservation, research, and assistance pro- (2) WIND ENERGY RESEARCH AND DEVELOP- ‘‘(34) the portion of the plug-in hybrid vehi- grams. MENT.—The Secretary shall transfer cle credit to which section 30D(c)(1) ap- SEC. 302. DEFINITIONS. plies.’’. $15,000,000 to the account ‘‘Energy Efficiency In this title— and Renewable Energy’’, to remain available (d) CONFORMING AMENDMENTS.— (1) the term ‘‘light grade petroleum’’ (1)(A) Section 24(b)(3)(B), as amended by until expended, for necessary expenses for a means crude oil with an API gravity of 35 de- this Act, is amended by striking ‘‘and 25D’’ program to support the development of next- grees or higher; and inserting ‘‘25D, and 30D’’. generation wind turbines, including turbines (2) the term ‘‘heavy grade petroleum’’ (B) Section 25(e)(1)(C)(ii) is amended by in- capable of operating in areas with low wind means crude oil with an API gravity of 26 de- serting ‘‘30D,’’ after ‘‘25D,’’. speeds, as authorized in section 931(a)(2)(B) grees or lower; and (C) Section 25B(g)(2), as amended by this of the Energy Policy Act of 2005 ( 42 U.S.C. (3) the term ‘‘Secretary’’ means the Sec- Act, is amended by striking ‘‘and 25D’’ and 16231(a)(2)(B)). retary of Energy. inserting ‘‘, 25D, and 30D’’. (3) SOLAR ENERGY RESEARCH AND DEVELOP- (D) Section 26(a)(1), as amended by this SEC. 303. OBJECTIVES. MENT.—The Secretary shall transfer Act, is amended by striking ‘‘and 25D’’ and The objectives of this title are as follows: $30,000,000 to the account ‘‘Energy Efficiency inserting ‘‘25D, and 30D’’. (1) To modernize the composition of the and Renewable Energy’’, to remain available (E) Section 1400C(d)(2) is amended by strik- Strategic Petroleum Reserve to reflect the until expended, for necessary expenses for a ing ‘‘and 25D’’ and inserting ‘‘25D, and 30D’’. current processing capabilities of refineries program to accelerate the research, develop- (2) Section 1016(a) is amended by striking in the United States. ment, demonstration, and deployment of ‘‘and’’ at the end of paragraph (35), by strik- (2) To provide increased funding to accel- solar energy technologies, and public edu- ing the period at the end of paragraph (36) erate conservation, energy research and de- cation and outreach materials pursuant to and inserting ‘‘, and’’, and by adding at the velopment, and assistance through existing such program, as authorized by section end the following new paragraph: programs. 931(a)(2)(A) of the Energy Policy Act of 2005 ‘‘(37) to the extent provided in section SEC. 304. MODIFICATION OF THE STRATEGIC PE- (42 U.S.C. 16231(a)(2)(A)). 30D(e)(1).’’. TROLEUM RESERVE. (4) LOW INCOME WEATHERIZATION AND (3) Section 6501(m) is amended by inserting Notwithstanding section 161 of the Energy LIHEAP.—The Secretary shall transfer ‘‘30D(e)(4),’’ after ‘‘30C(e)(5),’’. Policy and Conservation Act (42 U.S.C. 6241), $100,000,000 to the account ‘‘Weatherization

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00130 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.004 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19314 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 September 16, 2008 Assistance Program’’, to remain available for necessary expenses for research, develop- days after subsequent deposits. If the until expended, for necessary expenses for a ment, and demonstration of smart grid tech- amount available to be transferred is less program to weatherize low income housing, nologies, as authorized by section 1304 of the than the levels authorized under subsection as authorized by section 411 of the Energy Energy Independence and Security Act of (d), the transfers for each program shall be Independence and Security Act of 2007 (Pub- 2007 (42 U.S.C. 17384). allocated on a pro rata basis. If the amount lic Law 110–140). The Secretary shall transfer (11) CARBON CAPTURE AND STORAGE.—The available to be transferred exceeds the levels $100,000,000 to the Secretary of Health and Secretary shall transfer $385,000,000 to the authorized under subsection (d), the trans- Human Services for distribution to States account ‘‘Fossil Energy Research and Devel- fers for each program shall be increased on a under section 2604(a) through (d) of the Low- opment’’, to remain available until ex- pro rata basis. Income Home Energy Assistance Act of 1981 pended, for necessary expenses for a program (f) MANAGEMENT AND OVERSIGHT.— (42 U.S.C. 8623(a)–(d)). of demonstration projects of carbon capture (1) ADDITIONALITY OF FISCAL YEAR 2008 (5) MARINE AND HYDROKINETIC RENEWABLE and storage, and for a research program to TRANSFERS.—All amounts transferred under ELECTRIC ENERGY.—The Secretary shall address public health, safety, and environ- subsection (d) shall be in addition to, and transfer $30,000,000 to the account ‘‘Energy mental impacts, as authorized by section 963 shall not be substituted for, any funds appro- Efficiency and Renewable Energy’’, to re- of the Energy Policy Act of 2005 (42 U.S.C. priated for the same or similar purposes in main available until expended, for necessary 16293) and sections 703 and 707 of the Energy the Consolidated Appropriations Act, 2008. expenses for a program to accelerate the re- Independence and Security Act of 2007 (42 (2) EXCESS FUNDS.—The total of all search, development, demonstration, and de- U.S.C. 17251, 17255). amounts transferred under subsection (d) ployment of ocean and wave energy, includ- (12) NONCONVENTIONAL DOMESTIC NATURAL and any funds appropriated for the same or ing hydrokinetic renewable energy, as au- GAS PRODUCTION AND ENVIRONMENTAL RE- similar purposes in the Consolidated Appro- thorized by section 931 of the Energy Policy SEARCH.— priations Act, 2008 may not exceed the Act of 2005 (42 U.S.C. 16231) and section 636 of (A) The Secretary shall transfer $50,000,000 amounts authorized in other Acts for such the Energy Independence and Security Act of to the account authorized by section 999H(e) purposes. In the event that amounts made 2007 (42 U.S.C. 17215). of the Energy Policy Act of 2005 (42 U.S.C. available under this title plus amounts under (6) ADVANCED VEHICLES RESEARCH, DEVELOP- 16378(e)), to remain available until expended. the Consolidated Appropriations Act, 2008 ex- MENT, AND DEMONSTRATION.—The Secretary (B) The Secretary shall transfer $15,000,000 ceed the cumulative amounts authorized in shall transfer $40,000,000 to the account ‘‘En- to the account ‘‘Fossil Energy Research and other Acts for any program funded by this ergy Efficiency and Renewable Energy’’, to Development’’, to remain available until ex- Act, the excess amounts shall be distributed remain available until expended, for nec- pended, for necessary expenses for a program to the other programs funded by this title on essary expenses for research, development, of basin-oriented assessments and public and a pro rata basis. and demonstration on advanced, cost-effec- private partnerships involving States and in- (3) PROGRAM PLANS AND PERFORMANCE tive technologies to improve the energy effi- dustry to foster the development of regional MEASURES.—The Secretary shall prepare and ciency and environmental performance of ve- advanced technological, regulatory, and eco- publish in the Federal Register a plan for the hicles, as authorized in section 911(a)(2)(A) of nomic development strategies for the effi- proposed use of all funds authorized in sub- the Energy Policy Act of 2005 (42 U.S.C. cient and environmentally sustainable re- section (d). The plan also shall identify how 16191(a)(2)(A)). covery and market delivery of natural gas the use of these funds will be additive to, and (7) INDUSTRIAL ENERGY EFFICIENCY RE- and domestic petroleum resources within the not displace, annual appropriations. The SEARCH AND DEVELOPMENT.—The Secretary United States, and for support for the Strip- plans also shall identify performance meas- shall transfer $110,000,000 to the account ‘‘En- per Well Consortium. ures to assess the additional benefits that ergy Efficiency and Renewable Energy’’, to (13) HYDROGEN RESEARCH AND DEVELOP- may be realized from the application of the remain available until expended, for nec- MENT.—The Secretary shall transfer additional funding provided under this sec- essary expenses for a program to accelerate $5,000,000 to the account ‘‘Energy Efficiency tion. The initial plan shall be published in the research, development, demonstration, and Renewable Energy’’, to remain available the Federal Register not later than 45 days and deployment of new technologies to im- until expended, for necessary expenses for after the date of enactment of this Act. prove the energy efficiency and reduce the Department of Energy’s 1–1Prize Pro- (4) CONGRESSIONAL OVERSIGHT AND RE- greenhouse gas emissions from industrial gram, as authorized by section 1008(f) of the VIEW.—Nothing in this section shall limit or processes, as authorized in section Energy Policy Act of 2005 (42 U.S.C. 16396(f)). restrict the review and oversight of program 911(a)(2)(C) of the Energy Policy Act of 2005 (14) ENERGY STORAGE FOR TRANSPORTATION plans by the appropriate committees of Con- (42 U.S.C. 16191(a)(2)(C)) and in section 452 of AND ELECTRIC POWER.— gress. Nothing in this section shall limit or the Energy Independence and Security Act of (A) The Secretary shall transfer $30,000,000 restrict the authority of Congress to set al- 2007 (42 U.S.C. 17111). to the account ‘‘Basic Energy Sciences’’, to ternative spending limitations in annual ap- (8) BUILDING AND LIGHTING ENERGY EFFI- remain available until expended, for nec- propriations Acts. CIENCY RESEARCH AND DEVELOPMENT.—The essary expenses for a program to accelerate (5) APPORTIONMENT.—All transactions of Secretary shall transfer $70,000,000 to the ac- basic research on energy storage systems to the Fund shall be exempt from apportion- count ‘‘Energy Efficiency and Renewable En- support electric drive vehicles, stationary ment under the provisions of subchapter II of ergy’’, to remain available until expended, applications, and electricity transmission chapter 15 of title 31, United States Code. for necessary expenses for a program to ac- and distribution, as authorized by section Mr. PETERSON of Pennsylvania celerate the research, development, dem- 641(p)(1) of the Energy Independence and Se- (during the reading). Mr. Speaker, I onstration, and deployment of new tech- curity Act of 2007 (42 U.S.C. 17231(p)(1)). ask unanimous consent that the mo- nologies to improve the energy efficiency of (B) The Secretary shall transfer $70,000,000 tion be considered as read. and reduce greenhouse gas emissions from to the account ‘‘Energy Efficiency and Re- buildings, as authorized in section 321(g) of newable Energy’’, to remain available until The SPEAKER pro tempore. Is there the Energy Independence and Security Act of expended, including— objection to the request of the gen- 2007 (42 U.S.C. 6295 note), section 422 of the (i) $30,000,000 for a program to accelerate tleman from Pennsylvania? Energy Independence and Security Act of applied research on energy storage systems There was no objection. 2007 (42 U.S.C. 17082), and section 912 of the to support electric drive vehicles, stationary The SPEAKER pro tempore. The gen- Energy Policy Act of 2005 (42 U.S.C. 16192). applications, and electricity transmission tleman is recognized for 5 minutes in (9) GEOTHERMAL ENERGY DEVELOPMENT.— and distribution as authorized by section support of his motion. The Secretary shall transfer $30,000,000 to the 641(p)(2) of the Energy Independence and Se- Mr. PETERSON of Pennsylvania. account ‘‘Energy Efficiency and Renewable curity Act of 2007 (42 U.S.C. 17231(p)(2)); Thank you, Mr. Speaker. Energy’’, to remain available until expended, (ii) $20,000,000 for energy storage systems for necessary expenses for geothermal re- demonstrations as authorized by section I want to thank the leadership on search and development activities to be 641(p)(4) of the Energy Independence and Se- both sides. I want to thank all of the managed by the National Renewable Energy curity Act of 2007 (42 U.S.C. 17231(p)(4)); and Members for the opportunity tonight Laboratory, as authorized by sections 613, (iii) $20,000,000 for vehicle energy storage to offer America the first bipartisan 614, 615, and 616 of the Energy Independence systems demonstrations as authorized by energy bill that may have been offered and Security Act of 2007 (42 U.S.C. 17192–95) section 641(p)(5) of the Energy Independence in this century written by Republicans and section 931(a)(2)(C) of the Energy Policy and Security Act of 2007 (42 U.S.C. and Democrats in a room with just cold Act of 2005 (42 U.S.C. 16231(a)(2)(C)). 17231(p)(5)). sandwiches night after night, working (10) SMART GRID TECHNOLOGY RESEARCH, DE- (e) TRANSFER PROCEDURES.—The Secretary VELOPMENT, AND DEMONSTRATION.—The Sec- shall make an initial transfer from the Fund with no lobbyists, no power brokers, retary shall transfer $30,000,000 to the ac- no later than 30 days after the initial deposit trying to come together like the Amer- count ‘‘Energy Efficiency and Renewable En- of monies into the Fund. The Secretary shall ican people want us to. They want af- ergy’’, to remain available until expended, make additional transfers no later than 30 fordable, available energy as soon as

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00131 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.004 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 19315 we can get it, and they want it cling/reprocessing of nuclear waste the bill as we have it on the floor, not ongoingly, and they deserve it. from nuclear power plants.’’ for the recommittal. We’re the most powerful Nation in It will fund LIHEAP for those who What I’m asking is, is if we meant the world, and it’s unfair to the Amer- are not going to be able to afford their this for real about trying to pass some- ican public that their future depends heating this winter. thing in the national interest, then on weather in the gulf, that their fu- Folks, this is not a perfect bill, but that’s what we should do is pass the ture depends on unstable countries it’s a damn good start, and it was put bill that we have. that provide us half of our imported together by no interest groups, no cor- Now if the recommittal comes up and oil. We get half of the 70 percent we im- porations got involved, no environ- it doesn’t succeed, what I’m hoping is port from friends and half of it from mental radical groups. None of them if the other bill passes—and I urge us unstable nations. The American people were at the table. to vote for that bill—that we then go to the Senate and say, look, we’ve got are not comfortable with that. They b 2130 want better. a considerable consensus here, not And the American people know that It was just Members of Congress who unanimous by any respects, but we our energy system could be sabotaged felt the needs of their districts and re- have a considerable consensus on the each and every day by the terrorists alized the plea of the people to give us drilling, on the revenue sharing, on all because there is no slop in the system, available, affordable energy. We’re the the items that we worked on, on a bi- there’s no surplus, there’s no extra. most powerful Nation. Why are we not partisan basis. There’s just enough oil to meet the oil doing that? Just recently, Russia So I think what we have to do here demand each day, and whenever any- bought a coal plant in Pennsylvania. tonight, what I recommend to everything goes wrong, the prices skyrocket. You’re going to find China buying en- body on our side, is that we keep our Folks, we have the chance here to re- ergy plants in this country. They’re word. We said that we were going to evaluate our policies. I understand building plants everywhere. They’re put this bill in good faith on the floor many years ago when we set it aside, it preparing for their future while we’ve and move it along despite everybody was cheap: $2 gas, $10 oil, use theirs, been sitting on our hands, bickering saying that they had other contentions save ours. Folks, that day is gone. We and bipartisanly fighting with each they would like to be in there, and that need to now reassess where we’re at. other. where H.R. 6709 is concerned on the re- We need to be energy independent in I ask the Members of both con- committal is that it should have been this country, and we need to start ferences to support this act that will offered from the beginning as a work- down that long road. It won’t be easy, give America energy in the future ing document, but that the first part— and it needs to be a broad-based plan. that’s affordable. okay. All right. Our bill opens up the Outer Conti- Mr. RAHALL. Mr. Speaker, with all Mr. RAHALL. Regular order, Mr. nental Shelf. It takes away all the pro- due respect to the gentleman from Speaker. hibitions that have been put upon the Pennsylvania, I claim my 5 minutes in Mr. ABERCROMBIE. You’re making Department of the Interior for leasing opposition to the motion to recommit, my point for me. You’re making my land. It repeals the prohibition of pre- and I yield 2 minutes to the gentleman point for me. We reached out to every- venting Federal agencies from entering from Pennsylvania’s partner in this ef- body. JOHN and I reached out, and not into contracts for procurement of al- fort, the gentleman from Hawaii. just JOHN and I, the 49 or 50 people—I ternative and synthetic fuels. It re- The SPEAKER pro tempore. The gen- named some of them tonight—to every- peals limitation on the number of new tleman may yield and reclaim time as body. And if you think you’re going to qualified hybrid and advanced clean- he sees fit. The Chair will not monitor score points by yelling at me here on burn technology vehicles eligible for sub-units of time within his 5 minutes. the floor, I think you’re making my the alternative vehicle tax benefits. Mr. RAHALL. I’m sorry? case for me. That’s electric and gas cars. The SPEAKER pro tempore. The gen- Mr. RAHALL. Mr. Speaker, reclaim- It allows the use of woody biomass, tleman must keep track of the time ing my time, it should be noted that the fastest growing renewable we have himself. The Chair will not monitor it. the recommittal motion, in taking the that’s fueling pellet stoves and fac- Mr. RAHALL. Fine. Thank you, Mr. Abercrombie and Peterson language as tories with wood waste and will be part Speaker. it has word for word, does repeal the of cellulosic ethanol as we move from Mr. ABERCROMBIE. Why didn’t we military mission law protection that corn to cellulose, prohibited today by take H.R. 6709 from the beginning just we worked so hard to keep in for the law from using off of Federal land, for the reasons that JOHN says and Florida delegation. wood waste. Removes that. make this a bill that we all put to- The gentleman from Florida (Mr. Folks, it removes the prohibition on gether? We’ve denounced each other all YOUNG) raised that issue on the floor. shale oil, the biggest oil opportunity day, not everybody, but the denuncia- He had the map, and I would say to him this country has ever had. And folks, it tions and the accusations were all tak- that because of the importance of this takes the revenues and funds the re- ing place all day. to our military training, our aviation newables better than they’ve ever been Where’s JOHN? No, no, I love you, training, our national security de- funded. It funds conservation better JOHN. The other JOHN. But I don’t see fenses, we protect this area in our bill. than it’s ever been funded. It funds him over there. The Abercrombie-Peterson measure, clean-up efforts, environmental clean- Mr. BOEHNER, the minority leader, as read by the Clerk of the House just up efforts. It funds carbon sequestra- has been talking about the other bill, now, repeals the section 104 that pro- tion with large amounts of money. the total energy bill or whatever it is vides for the protection of this Florida And let me read you that paragraph all straight through. Then we come to area. which I think is vital: ‘‘The Carbon H.R. 6709. Now, it’s easy for me. I gave So I would urge my colleagues from Capture and Sequestration Reserve off- my word. Everybody in here knows the State of Florida to particularly sets the cost of legislation enacted that I give you my word, I’m going to take this into recognition, as well as after the date of the enactment of the keep it. I gave my word on this bill to all of my colleagues, because this is a National Conservation, Environment try and move it along, and so I will. national security area. The Air Force and Energy Independence Act to pro- What bothers me is if the intention uses the eastern gulf for training ma- mote research and development was to work H.R. 6709 all along, why neuvers. It has become crucial for projects associated with carbon cap- didn’t we do it? It would have been maintaining our military readiness, es- ture and storage in the production of easy just to say okay, Madam Speaker, pecially after the closure of Vieques, liquid transportation fuels, electricity, let’s put this together and do it. and our compromise bill does protect synthetic natural gas, chemical feed- Now, as I say, I believe that honor this area for important defense train- stock and for the disposition and recy- puts me in the position of voting for ing and exercises.

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00132 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.004 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19316 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 September 16, 2008 So I would hope Members would note Rogers (KY) Shuster Walden (OR) NOT VOTING—17 Rogers (MI) Simpson Walsh (NY) that, and I do, of course, rise in opposi- Brady (TX) Higgins Paul Rohrabacher Smith (NE) Walz (MN) Conyers Lampson Pitts tion to the motion to recommit. Well, Roskam Smith (TX) Wamp Cubin McCaul (TX) Pryce (OH) I do know where it came from, and as Royce Souder Weldon (FL) Dreier McNerney Slaughter Ryan (WI) Stearns Weller I said, I respect the gentleman from Ehlers Miller (MI) Walberg Pennsylvania (Mr. PETERSON) for work- Sali Sullivan Westmoreland Green, Al Neugebauer Saxton Tancredo Whitfield (KY) BERCROMBIE ing with Mr. A , and he has Scalise Taylor Wilson (NM) stated his reasons for opposing this Schmidt Terry Wilson (SC) b 2156 language as well. Sensenbrenner Thornberry Wittman (VA) Messrs. MOLLOHAN and ROTHMAN So I would urge my colleagues to op- Sessions Tiahrt Wolf changed their vote from ‘‘aye’’ to ‘‘no.’’ pose this motion to recommit. Shadegg Tiberi Young (AK) Shays Turner Young (FL) Messrs. NUNES, SIMPSON and I yield back the balance of my time. Shimkus Upton TURNER changed their vote from ‘‘no’’ The SPEAKER pro tempore. Without to ‘‘aye.’’ objection, the previous question is or- NOES—226 So the motion to recommit was re- dered on the motion to recommit. Abercrombie Gordon Pallone jected. There was no objection. Ackerman Green, Gene Pascrell The result of the vote was announced The SPEAKER pro tempore. The Allen Grijalva Pastor as above recorded. question is on the motion to recommit. Andrews Gutierrez Payne Arcuri Hall (NY) Pelosi Stated for: The question was taken; and the Baca Hare Perlmutter Ms. SLAUGHTER. Mr. Speaker, on rollcall Speaker pro tempore announced that Baird Harman Peterson (MN) No. 598, had I been present, I would have Baldwin Hastings (FL) the noes appeared to have it. Pomeroy voted ‘‘aye.’’ Bean Heller Porter RECORDED VOTE Becerra Hill Price (NC) Stated against: Mr. PETERSON of Pennsylvania. Mr. Berkley Hinchey Rahall Mr. McNERNEY. Mr. Speaker, on rollcall Speaker, I demand a recorded vote. Berman Hinojosa Rangel No. 598, had I been present, I would have Berry Hirono Reichert A recorded vote was ordered. Bilirakis Hodes voted ‘‘no.’’ The SPEAKER pro tempore. Pursu- Reyes The SPEAKER pro tempore. The Bishop (GA) Holt Richardson ant to clause 9 of rule XX, the Chair Bishop (NY) Honda Rodriguez question is on the passage of the bill. Blumenauer Hooley will reduce to 5 minutes the minimum Ros-Lehtinen The question was taken; and the Boren Hoyer Ross time for any electronic vote on the Boswell Inslee Speaker pro tempore announced that Rothman question of passage. Boucher Israel the ayes appeared to have it. Roybal-Allard Boyd (FL) Jackson (IL) The vote was taken by electronic de- Ruppersberger RECORDED VOTE Boyda (KS) Jackson-Lee vice, and there were—ayes 191, noes 226, Rush Brady (PA) (TX) Mr. RAHALL. Mr. Speaker, I demand not voting 17, as follows: Braley (IA) Jefferson Ryan (OH) a recorded vote. [Roll No. 598] Brown, Corrine Johnson (GA) Salazar A recorded vote was ordered. Sa´ nchez, Linda AYES—191 Buchanan Johnson, E. B. The SPEAKER pro tempore. This Butterfield Kagen T. Aderholt Donnelly Kuhl (NY) Capps Kanjorski Sanchez, Loretta will be a 5-minute vote. Akin Doolittle LaHood Capuano Kaptur Sarbanes The vote was taken by electronic de- Alexander Drake Lamborn Cardoza Kennedy Schakowsky vice, and there were—ayes 236, noes 189, Altmire Duncan Latham Carnahan Kildee Schiff not voting 9, as follows: Bachmann Emerson LaTourette Carney Kilpatrick Schwartz Bachus English (PA) Latta Carson Kind Scott (GA) [Roll No. 599] Barrett (SC) Everett Lewis (CA) Castor Klein (FL) Scott (VA) AYES—236 Barrow Fallin Lewis (KY) Chandler Kucinich Serrano Bartlett (MD) Feeney Linder Abercrombie Cooper Hare Clarke Langevin Sestak Barton (TX) Ferguson Lucas Ackerman Costa Harman Clay Larsen (WA) Shea-Porter Biggert Flake Lungren, Daniel Allen Costello Hastings (FL) Cleaver Larson (CT) Sherman Bilbray Forbes E. Altmire Courtney Hayes Clyburn Lee Shuler Bishop (UT) Fortenberry Mack Andrews Cramer Herseth Sandlin Cohen Levin Sires Blackburn Fossella Manzullo Arcuri Crowley Higgins Cooper Lewis (GA) Blunt Foster Marchant Skelton Baca Cuellar Hill Costa Lipinski Boehner Foxx Marshall Smith (NJ) Baird Cummings Hinchey Costello LoBiondo Bonner Franks (AZ) McCarthy (CA) Smith (WA) Baldwin Davis (AL) Hinojosa Bono Mack Gallegly McCotter Courtney Loebsack Snyder Bean Davis (CA) Hirono Boozman Garrett (NJ) McCrery Cramer Lofgren, Zoe Solis Becerra Davis (IL) Hodes Boustany Gerlach McHenry Crowley Lowey Space Berkley Davis, Lincoln Holden Broun (GA) Gingrey McHugh Cuellar Lynch Speier Berman DeFazio Honda Brown (SC) Gohmert McIntyre Cummings Mahoney (FL) Spratt Berry DeGette Hooley Brown-Waite, Goode McKeon Davis (AL) Maloney (NY) Stark Bishop (GA) Delahunt Hoyer Ginny Goodlatte McMorris Davis (CA) Markey Stupak Bishop (NY) DeLauro Inglis (SC) Burgess Granger Rodgers Davis (IL) Matheson Sutton Blumenauer Dicks Inslee Burton (IN) Graves Mica Davis, Lincoln Matsui Tanner Boren Dingell Israel Buyer Hall (TX) Miller (FL) DeFazio McCarthy (NY) Tauscher Boswell Doggett Jackson (IL) Calvert Hastings (WA) Miller, Gary DeGette McCollum (MN) Thompson (CA) Boucher Donnelly Jackson-Lee Delahunt McDermott Camp (MI) Hayes Mitchell Thompson (MS) Boyd (FL) Doyle (TX) DeLauro McGovern Campbell (CA) Hensarling Moran (KS) Tierney Boyda (KS) Edwards (MD) Jefferson Dicks McNulty Cannon Herger Murphy, Tim Towns Brady (PA) Edwards (TX) Johnson (GA) Dingell Meek (FL) Cantor Herseth Sandlin Musgrave Tsongas Braley (IA) Ellison Johnson, E. B. Doggett Meeks (NY) Capito Hobson Myrick Udall (CO) Brown, Corrine Ellsworth Jones (NC) Doyle Melancon Carter Hoekstra Nunes Udall (NM) Buchanan Emanuel Kagen Castle Holden Pearce Edwards (MD) Michaud Butterfield Engel Kanjorski Van Hollen Cazayoux Hulshof Pence Edwards (TX) Miller (NC) Capuano Eshoo Kaptur Vela´ zquez Chabot Hunter Peterson (PA) Ellison Miller, George Cardoza Etheridge Kennedy Visclosky Childers Inglis (SC) Petri Ellsworth Mollohan Carnahan Fattah Kildee Coble Issa Pickering Emanuel Moore (KS) Wasserman Carney Foster Kilpatrick Cole (OK) Johnson (IL) Platts Engel Moore (WI) Schultz Carson Frank (MA) Kind Conaway Johnson, Sam Poe Eshoo Moran (VA) Waters Castle Giffords Kirk Crenshaw Jones (NC) Price (GA) Etheridge Murphy (CT) Watson Castor Gilchrest Klein (FL) Culberson Jordan Putnam Farr Murphy, Patrick Watt Chandler Gillibrand Knollenberg Davis (KY) Keller Radanovich Fattah Murtha Waxman Childers Gonzalez Kucinich Davis, David King (IA) Ramstad Filner Nadler Weiner Clarke Gordon LaHood Davis, Tom King (NY) Regula Frank (MA) Napolitano Welch (VT) Clay Green, Al Langevin Deal (GA) Kingston Rehberg Frelinghuysen Neal (MA) Wexler Cleaver Green, Gene Larsen (WA) Dent Kirk Renzi Giffords Oberstar Wilson (OH) Clyburn Grijalva Larson (CT) Diaz-Balart, L. Kline (MN) Reynolds Gilchrest Obey Woolsey Cohen Gutierrez Lee Diaz-Balart, M. Knollenberg Rogers (AL) Gillibrand Olver Wu Conyers Hall (NY) Levin Gonzalez Ortiz Yarmuth

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00133 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.004 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 19317 Lewis (GA) Olver Sires Smith (TX) Tiahrt Westmoreland b 2209 Lipinski Ortiz Skelton Souder Tiberi Whitfield (KY) LoBiondo Pascrell Slaughter Stearns Turner Wilson (NM) IN THE COMMITTEE OF THE WHOLE Loebsack Pastor Smith (NJ) Sullivan Upton Wilson (SC) Accordingly, the House resolved Lofgren, Zoe Pelosi Smith (WA) Tancredo Walden (OR) Wittman (VA) itself into the Committee of the Whole Lowey Perlmutter Snyder Taylor Walsh (NY) Wolf Lynch Peterson (MN) Solis Terry Wamp Woolsey House on the state of the Union for the Mahoney (FL) Pomeroy Space Thompson (CA) Weldon (FL) Young (AK) consideration of the bill (H.R. 6842) to Maloney (NY) Porter Speier Thornberry Weller Young (FL) require the District of Columbia to re- Markey Price (NC) Spratt Matheson Rahall NOT VOTING—9 vise its laws regarding the use and pos- Stark session of firearms as necessary to Matsui Ramstad Stupak Brady (TX) Ehlers Paul McCarthy (NY) Rangel Sutton Cubin Lampson Pitts comply with the requirements of the McCollum (MN) Reichert Tanner Dreier Neugebauer Walberg decision of the Supreme Court in the McDermott Reyes Tauscher McGovern Richardson b 2204 case of District of Columbia v. Heller, Thompson (MS) McIntyre Rodriguez in a manner that protects the security Tierney McNerney Ross So the bill was passed. Towns interests of the Federal government McNulty Roybal-Allard The result of the vote was announced Tsongas and the people who work in, reside in, Meek (FL) Ruppersberger Udall (CO) as above recorded. Meeks (NY) Rush or visit the District of Columbia and Udall (NM) A motion to reconsider was laid on Melancon Ryan (OH) does not undermine the efforts of law Michaud Salazar Van Hollen the table. Vela´ zquez enforcement, homeland security, and Miller (NC) Sa´ nchez, Linda f military officials to protect the Na- Miller, George T. Visclosky Mitchell Sanchez, Loretta Walz (MN) LEGISLATIVE PROGRAM tion’s capital from crime and ter- Mollohan Sarbanes Wasserman rorism, with Mr. WILSON of Ohio in the Moore (KS) Schakowsky Schultz (Mr. HOYER asked and was given chair. Moore (WI) Schiff Waters permission to address the House for 1 Moran (VA) Schwartz Watson The Clerk read the title of the bill. Murphy (CT) Scott (GA) Watt minute.) The CHAIRMAN. Pursuant to the Murphy, Patrick Scott (VA) Waxman Mr. HOYER. Ladies and gentlemen of rule, the bill is considered read the Murtha Serrano Weiner the House, after consultation with the first time. Nadler Sestak Welch (VT) minority, we have agreed that we will The gentleman from Illinois (Mr. Napolitano Shays Wexler Neal (MA) Shea-Porter Wilson (OH) take the debate on the District of Co- DAVIS) and the gentleman from Indiana Oberstar Sherman Wu lumbia bill tonight. We will conclude (Mr. SOUDER) each will control 30 min- Obey Shuler Yarmuth debate, but we will roll votes until to- utes. morrow so that we will not have to The Chair recognizes the gentleman NOES—189 keep Members here. I’ve discussed this from Illinois. Aderholt Fallin McCarthy (CA) with, as I say, the minority. I’ve also Mr. DAVIS of Illinois. Mr. Chairman, Akin Farr McCaul (TX) Alexander Feeney McCotter discussed it with the Members of our today I rise in strong support of H.R. Bachmann Ferguson McCrery side. Those who will want to partici- 6842, the National Capital Security and Bachus Filner McHenry pate in the debate, obviously, will re- Safety Act. Barrett (SC) Flake McHugh The bill before us this evening has Barrow Forbes McKeon main, but there has been agreement Bartlett (MD) Fortenberry McMorris that there will be no further votes to- been crafted with great care and with Barton (TX) Fossella Rodgers night. utmost concern for the safety and well- Biggert Foxx Mica being of our Nation’s capital—its resi- Bilbray Franks (AZ) Miller (FL) f Bilirakis Frelinghuysen Miller (MI) dents, businesses, visitors, and the Fed- Bishop (UT) Gallegly Miller, Gary THE JOURNAL eral Government. Blackburn Garrett (NJ) Moran (KS) The SPEAKER pro tempore. Pursu- I would like to recognize and thank Blunt Gerlach Murphy, Tim the gentlewoman from the District of Boehner Gingrey Musgrave ant to clause 8 of rule XX, the unfin- Bonner Gohmert Myrick ished business is the question on agree- Columbia (Ms. NORTON) as well as Com- Bono Mack Goode Nunes ing to the Speaker’s approval of the mittee Chairman HENRY WAXMAN for Boozman Goodlatte Pallone Journal, which the Chair will put de their leadership in bringing today’s bill Boustany Granger Payne to the floor and for not turning a blind Broun (GA) Graves Pearce novo. Brown (SC) Hall (TX) Pence The question is on the Speaker’s ap- eye to the concept of home rule and Brown-Waite, Hastings (WA) Peterson (PA) proval of the Journal. self-governance by attempting to re- Ginny Heller Petri write the District’s new gun laws since Burgess Hensarling Pickering Pursuant to clause 1, rule I, the Jour- Burton (IN) Herger Platts nal stands approved. the Supreme Court’s decision in the Buyer Hobson Poe Heller case. Calvert Hoekstra Price (GA) f The measure has been considered and Camp (MI) Holt Pryce (OH) debated thoroughly by the oversight Campbell (CA) Hulshof Putnam GENERAL LEAVE Cannon Hunter Radanovich committee and was approved by a vote Cantor Issa Regula Mr. DAVIS of Illinois. Mr. Speaker, I of 21–1, which demonstrates the bill’s Capito Johnson (IL) Rehberg ask unanimous consent that all Mem- bipartisan support. Capps Johnson, Sam Renzi bers may have 5 legislative days in As chairman of the subcommittee Carter Jordan Reynolds which to revise and extend their re- Cazayoux Keller Rogers (AL) with oversight authority over the Dis- Chabot King (IA) Rogers (KY) marks on H.R. 6842. trict of Columbia, I am well aware of Coble King (NY) Rogers (MI) The SPEAKER pro tempore. Is there the long history behind the District’s Cole (OK) Kingston Rohrabacher objection to the request of the gen- Conaway Kline (MN) Ros-Lehtinen gun regulatory efforts as well as the Crenshaw Kuhl (NY) Roskam tleman from Illinois? city’s continual efforts to protect its Culberson Lamborn Rothman There was no objection. citizens against violence and crime. As Davis (KY) Latham Royce chairman, I’m also well aware of the ef- Davis, David LaTourette Ryan (WI) f fect that the presence of the Federal Davis, Tom Latta Sali NATIONAL CAPITAL SECURITY Deal (GA) Lewis (CA) Saxton Government places on the security Dent Lewis (KY) Scalise AND SAFETY ACT concerns of the District. Diaz-Balart, L. Linder Schmidt Diaz-Balart, M. Lucas Sensenbrenner The SPEAKER pro tempore. Pursu- H.R. 6842 seeks to highlight this issue Doolittle Lungren, Daniel Sessions ant to House Resolution 1434 and rule by urging the District’s city council to Drake E. Shadegg XVIII, the Chair declares the House in take into consideration such issues as Duncan Mack Shimkus the Committee of the Whole House on homeland security, military Emerson Manzullo Shuster English (PA) Marchant Simpson the state of the Union for the consider- functionality, threats of terrorism, and Everett Marshall Smith (NE) ation of the bill, H.R. 6842. foreign dignitary protection as they

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00134 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.004 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19318 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 September 16, 2008 continue to amend their laws to be in Mississippi that has been worked out in rity felon, and the unidentified male compliance with the Supreme Court’s cooperation, proving that in fact when prisoner said, ‘‘When you go to rob Heller decision. we try, we can work together, and that somebody you don’t know,’’ speaking The measure being considered today Congressman ROSS and I had a bill to as if they are armed, ‘‘if you don’t serves as a commonsense and practical overturn the D.C. gun ban. The Su- know, it makes it harder to rob them.’’ approach to ensuring the requisite pro- preme Court took care of the need for He also talked to another prisoner tection of our Nation’s capital, while that. The District of Columbia came who said, when they said don’t gun at the same time supporting the Dis- back and attempted to reinstitute the laws work, wouldn’t that affect your trict in its efforts to reform its own ban. It became apparent from the disability to get guns? And he said, ‘‘I am gun laws versus rewriting the laws for charge petition that the will of this not worried about the government say- them. House, the overwhelming majority that ing I can’t carry a gun. I am going to b 2215 signed the brief to the Supreme Court, carry a gun anyway.’’ This isn’t about, the overwhelming majority of the Sen- to use the classic expression, whether That is the job that the District’s ate signed a brief to the Supreme criminals are going to have guns. This elected officials are tasked with, not Court, and it became apparent that is about whether citizens have the Congress, and I am happy to see that this House wanted a vote. right to protect themselves. this legislation recognizes that, espe- The Democrat leadership, to their The D.C. City Council after the Su- cially since according to information credit, worked out with the NRA and preme Court decision came back with a from the District City Council, efforts the minority a bill that was acceptable law that basically put variations of the are already underway to address sev- to Mr. ROSS and myself and those who restrictions again that in effect be- eral outstanding second amendment had been attempting to overturn this. came a replacement for the previous issues from the Supreme Court’s Heller This will be offered in the nature of a law. In this replacement they said you decision and expressed by Members of substitute tonight. The underlying bill had to be under imminent danger. Congress in other pieces of legislation. is not what is in contention here. The The general interpretation of that The Council is revisiting the definition underlying bill is a stalking horse for meant somebody had to have pulled a of ‘‘machine guns’’ and the existing law and the debate we will gun on you and was possibly firing be- ‘‘semiautomatics’’ and making current have here is about the existing law. fore you could once again get your gun gun storage requirements advisory The fact is that the reason the Su- assembled, find the bullet and all that versus mandatory. preme Court overturned the existing type of procedure. But imminent dan- In light of the city’s efforts today, law is that under existing law if you ger could possibly have been when they today’s bill, H.R. 6842, represents both wanted to protect yourself in your broke into your house, possibly when the least and the most we should be home, you had to have a gun in a somebody is coming up a sidewalk with doing at this moment and at this level. locked cabinet, disassembled, with the a gun. Quite frankly, it could possibly The bill upon enactment gives the Dis- bullets in another location. If some- be in certain neighborhoods that it was trict 6 months to finalize its laws gov- body broke into your house and started so egregious that we felt we had to act. erning the possession and use of fire- firing, you had to go find the key, as- We thought the Supreme Court made it arms as necessary to comply with the semble the gun, find the bullets, put clear, but it was clear D.C. intended to decision of the Supreme Court in Dis- the bullets into the gun and hope your defy it. trict of Columbia v. Heller. family wasn’t dead or you were dead. Now they are trying to come forward As the city continues to perform its The Supreme Court argued that and say just last night, I believe, that work to produce a permanent gun law American citizens have a preexisting they were going to change the law reform package, I am sure that at some right to defend themselves, and no city again and that congressional action point in the future Congress, under its or State has the right to take that was unnecessary. On what basis would legislative review authority, will have away. The critical part of that decision we at this point trust the second the chance to revisit this issue under was that a militia is in fact not a mili- amendment to the D.C. City Council? regular and proper protocol. But until tary, but the militia are the citizenry The Supreme Court said it is a pre- then, let us continue promoting the itself and have a right to home defense existing right to defend yourself, and importance of self-government and and to self-defense. It supersedes any that is what the debate is going to be home rule for the District of Columbia right of a city to abrogate that right. about tonight. and the importance of safety and secu- It supersedes the State’s right to abro- I reserve the balance of my time. rity in our Nation’s capital by sup- gate that right. It is a right to self-de- Mr. DAVIS of Illinois. Mr. Chairman, porting H.R. 6842. fense in the United States. I am pleased to yield 1 minute to the Mr. Chairman, I reserve the balance Now, there will be much debate to- majority leader, the gentleman from of my time. night about the process. But let me Maryland (Mr. HOYER). Mr. SOUDER. Mr. Chairman, I yield make a couple of facts extremely clear. Mr. HOYER. I thank the gentleman myself such time as I may consume. Marion Barry once said that the crime and thank him for his leadership, and I Mr. Chairman, there are a number of rate in the District of Columbia isn’t rise in strong support of the bill and things that are less than normal proce- too bad, except for the murders. That strong opposition to the amendment dure tonight, and I want to briefly ex- is not quite right, because they are ac- that will be offered. plain what has gone on here. tually up in all violent crime, 67 per- Ladies and gentlemen, put this bill in We have an underlying bill that went cent, even though the city has declined context. I am not sure whether there through the Government Reform and in population. were 435 of us, I don’t know the total Oversight Committee that is being of- Washington, D.C. has been the mur- vote, but let’s say 430. 430 of us this fered first. The gentleman from Illinois der capital of the United States 15 of night, this night, voted either to give is correct that that went through the last 19 years. It has been in the top the States the option to opt out of one unanimously, partly after a conten- three the others. The two cities that of the most important issues con- tious hearing and debate. Chairman have occasionally toppled it from its fronting us, and that is using American WAXMAN and Ranking Member DAVIS top rank are Baltimore and Detroit. resources for our energy needs, or the asked if we could just move it without Both those cities have restrictive laws, other half voted to let the States opt a lot of amendments, move it without in Detroit and in Baltimore as well, in. So hear me. Everybody on this contention, because we knew we were hardly making a case that guns do any- House floor voted to allow the States coming to the House floor for the thing to protect people. either to opt in or to opt out. Pick major debate tonight. In fact, John Stossel on ‘‘20–20’’ in your bill. But the premise was the In this major debate, there will be an some interviews had some interesting same, that States had the authority to amendment offered by Mr. CHILDERS of points. He talked to a maximum secu- act themselves.

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00135 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.004 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 19319 The amendment to be offered rejects forth is that the District of Columbia cally. That is why I suggest 435 of us, that and imposes, not on Detroit that citizens have the right and should have there weren’t 435 that voted, but unani- the gentleman mentioned, there is no that right to govern themselves. That mously voted, either to allow indi- legislation on the floor about Detroit, is the principle that is at stake here. vidual States to opt out of an impor- Michigan. There is no legislation on I will leave the argument over gun tant policy, or to opt in to an impor- this floor about Indianapolis, Indiana. I rights and gun control to other Mem- tant policy. But we gave those States don’t know what their gun law is. And, bers. We have a gun law in Maryland. that right. Both sides gave it to them. very frankly, there is none about Hart- It works well. I don’t get any com- Every one of us voted for that option, ford, Connecticut, or Baltimore, Mary- plaints about it. If I did, I would have and we turn around and say, oh, but we land. But the District of Columbia to address it. I wouldn’t expect you to are not going to give that option to the comes here, unfortunately defenseless, address it, unless you wanted to pass a District of Columbia. from the perspective of some on this Federal statute. This is not a Federal The closer you get to the problem, floor. Their defense is us. statute. This is a statute for one area. the more direct knowledge and direct But let me speak to this. 220 years Whatever conclusion this House accountability you find. While we in before this Capitol had been imagined comes to, we are really confronted with Congress may be close physically, we and when this city was a swamp, our a much more fundamental question, as are still a world away from the gun vi- Founders were asking a question we I said: Do we impose that decision on olence the D.C. Council is struggling to still hear echoed in the District to this those who have had no say in it, or do confront, all the while upholding the day: How could they establish a Fed- we pass the Norton bill as introduced, Court’s decision. eral city, cut it out from its home which I am in favor of, and require the They know they have to do that. State and put it under the rule of Con- people of the District of Columbia to They know the Court will oversee it. gress without violating the principles comply with the Supreme Court’s deci- Let the law operate as it was intended they had just fought a war to secure? sion through local legislation, as all of to do, and if they do not comply with That was their question. Government us have to do? No more, no less. the Supreme Court decision, the Court comes from the consent of the gov- The people of Maryland need to com- will say so. erned. That is a principle we hold dear, ply with the Constitution, as do the I ask my colleagues candidly, who is asterisk, except for the 600,000 people people of the District of Columbia. But better equipped to make these difficult who happen to live in Washington, D.C. you don’t interpose your judgment. In decisions, Congress or the people of In the 43rd Federalist Paper pub- fact, somebody repairs to the courts this community? The people of our lished in 1788, James Madison answered and the courts decide. The courts de- communities believe that they are best the question that was posed, that our cided in this case, and the District of qualified to make their local decisions. authority over the District would be le- Columbia is moving to comply with the I don’t know how you can call your- gitimate only if some basic guarantees Court’s decision. self a Federalist and answer Congress. were in place. The Government, and I You may disagree with their compli- A conservative columnist put it well a quote, ‘‘will no doubt provide for the ance, and indeed somebody may take it few years ago. ‘‘You can’t favor fed- rights and the consent of the citizens to court and the court will say, no, Dis- eralism for only ideas you like.’’ inhabiting it.’’ Federalism is about allowing local In other words, James Madison trict of Columbia, you didn’t do it and State governments to make deci- thought we would surely secure the right. That happens to us all. But we sions you don’t like. So the ultimate rights of the citizens of the District of should not interpose our own judg- issue here is not guns, it is a question Columbia. And when we refer to the ment. Madison believed that would not of who here is prepared to be consistent citizens of the District of Columbia, let be consistent with our principles. in their principles, and of who here is us, my friends, be more expansive: Citi- If Congress imposes a gun policy on prepared to respect the District’s right zens of America who happen to live in the people of D.C., are we meeting any of self-government, as was referred to the District of Columbia, and, but for of those conditions? Are we providing Maryland’s generosity, would live in for their rights and consent? No. They by James Madison, which he said, the Maryland. They are citizens of America do not have the right to consent to founders, which I am saying, the found- who happen to live in the District of anything that goes on here. ers, took for granted. Columbia. But should they be Do they have a ‘‘voice in the election I urge my colleagues to support this disenfranchised because they happen to of the government which is to exercise base bill. Whatever position you have live in this square that we call the Dis- authority over them’’? Well, yes, in a on guns, this is an issue of federalism trict of Columbia? way they do. They elect Ms. NORTON. and principle and local option, local He went on to say, and ‘‘a municipal We don’t give her a vote. That is government. legislature for local purposes derived wrong. They elect their council. They You voted that way for the States on from their own suffrages, will of course elect their mayor. But, oh, by the way, energy. Vote that way for the citizens be allowed them.’’ That is the options if we don’t like your policies, we will of the District of Columbia. to make their policy. overturn them. Not because a court has Mr. SOUDER. Mr. Chairman, I yield Now, listen to the confidence with found them to be unconstitutional, but myself 30 seconds. which Madison wrote. His words sug- because we interpose our judgment. Our attempt to reverse the D.C. gun gested that ‘‘no doubt,’’ ‘‘no doubt,’’ Madison would have thought that was ban was upheld by the Supreme Court, Madison said, that surely the Congress wrong. because, in fact, Detroit hasn’t, Indian- of the United States and the Founding Where is their equal vote in this Con- apolis hasn’t, no city in the United Fathers who had expressed the rights gress? Are they allowed a ‘‘municipal States attempted to ban handguns, of our citizens would respect those legislature for local purposes’’? Well, which 85 percent of American people rights, wherever those citizens might yes, sort of, but subject to our inter- defend themselves through handguns. reside. And that ‘‘of course’’ they will posing our own judgment for theirs. We The second amendment is not any be citizens, not subjects, unlike appar- are not elected to be local city council more than when the Supreme Court ently those in Indianapolis or in other persons. Well, the City Council still ruled on integration that States could cities. meets. But on this supremely local and stand in defiance of a court ruling. I think his confidence would be shak- sensitive issue, we are preparing to si- States, cities, nobody has a right to en if he could hear this debate, if he lence it. stand in defiance of a court ruling. could see what a congressionally im- Mr. Chairman, I yield 3 minutes to posed gun policy would do to the Dis- b 2230 my colleague and friend from Indiana trict’s right to govern itself. The principle of federalism, which so (Mr. BURTON). We can argue back and forth the gun many of my colleagues profess, say Mr. BURTON of Indiana. I thank the policy. What we cannot argue back and that local problems are best tackled lo- gentleman for yielding.

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00136 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.004 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19320 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 September 16, 2008 Mr. Chairman, for many years, Wash- I want to end up by saying this, I decision—it allows unlocked semiauto- ington, D.C. has had the distinction of think this is a beautiful capital, I matic guns in the home, as the Su- being the murder capital of America. enjoy being in Congress, but there is no preme Court required. But most of It’s very high as far as crime is conway in hell I would live in this city. I what is reckless in this substitute you cerned, right up at the top. live across the river where it’s safe. won’t find in D.C.’s bill. I want to tell you a couple of stories, Mr. DAVIS of Illinois. Mr. Chairman, Of course, the bill came down from and I hope my colleagues on the other I am pleased to yield 4 minutes to the the Supreme Court as the Council was side of the aisle listen to this. I had a primary author of the Norton bill, Del- about to recess for summer, so they gal that worked for me, a young lady egate ELEANOR HOLMES NORTON from had to pass a stop-gap bill just to allow that worked for me as my secretary, Washington, D.C. registration. They did that in good years ago. She lived about four blocks Ms. NORTON. I thank the gentleman faith, and what did they get for it? from the Capitol, and one night she had for yielding and for his principled work What they get for it is the Souder bill her window opened this much on the on the bill. all over again, which he, of course, put second floor. A guy shimmied up the Tonight, just 7 years after the attack in. drain pipe, came in with a 4-inch knife on the national capital region, not 7 That’s the mirror image of this bill. and stabbed her four times. The only days after our own tearful commemo- He put the mirror image of this bill in way she could protect herself was to ration of that attack, the NRA has put in March of 2007 before the law was hit him in the head with a pan. She a gun at the back of Members of this overturned. Now they come back with couldn’t have mace, she couldn’t have House and forced a debate, a late-night it after the law has been overturned a gun, and so she was at his mercy. debate, on a bill that throws off of the and after D.C. has already, in fact, When I first got elected, I took a cab roof of the Capitol all concern for passed the law signed by the mayor. to the Capitol. On the way in, I said to homeland security that we have spent They fastened on to the substitute the cab driver, I said, tell me about the last 7 years paying lip service to. that keeps them looking like complete Washington, D.C. He said, ‘‘Oh, it’s a Now, the NRA may know how to idiots, so they fastened on to the sub- beautiful place, but there is an awful write a bill to repeal gun safety laws, stitute knowing full well that it was a lot of crime.’’ I said, ‘‘Back in Indiana we have stopped that four times, but stop-gap measure. The bill that is be- I used to carry a lot of money in my they certainly don’t know how to write fore you, the substitute that you will business, and I had a gun permit. a gun bill. They forgot the indelible have to consider, is not the idea of any Maybe I should get one here.’’ He said, link when it comes to gun safety be- Member, it was written by the NRA, ‘‘Oh, you can’t get a gun permit here in tween the District of Columbia and the mandated by the NRA. Most Members Washington, D.C. Nobody has guns here Federal sector, which are joined at the would not, I will say, in your behalf, except the police and the crooks.’’ He hip. They are twins. You can’t get up have cosponsored this bill. The CHAIRMAN. The time of the reached under the front seat of his cab without getting yourself, and so this gentlewoman has expired. time you step right in it. and pulled a .38 out and says, ‘‘But if Mr. DAVIS of Illinois. I yield another Fortunately D.C. knows both sides you want one of these, I can get it for 30 seconds to the lady. you in 15 minutes.’’ because it has been in the business of Ms. NORTON. They would not have Now a person who wants to defend protecting both for 208 years. Under cosponsored this bill. They looked at themselves and their family in this the Home Rule Act, if it fails to pro- the NRA label and signed onto this bill. city, and they want to do it legally, tect the Federal sector, justifiably, its Why? Because the NRA wanted to flex they are at the mercy of the people laws can be overturned. We have made its muscles. They held the House up for who can get these guns in 15 minutes. in order, and I am grateful, boy am I now. The record shows that this has been a grateful to the Chair of the full com- What you see, though, is what you murder leader and a crime leader mittee, Mr. WAXMAN, for putting his get. It’s a bare bill, federalizes all D.C. across this country, because criminals energy, the energy of his staff and his gun laws, won’t be able to change it no know if they break into your house, principled commitment to States’ matter what the need, no regulations, you don’t have any way to defend your- rights and to the sovereignty of all introduces military-style assault weap- selves. That’s why the Supreme Court Americans, to the bill which is the ons into the Nation’s capital that chil- made the decision that it did, because Waxman-Norton bill. dren and adults can possess, allows gun people have a right to protect them- It requires the District to respond running across State lines into Mary- selves. adequately within 180 days. That’s the land and Virginia, just what Federal You know, I live across the river in limits of what you are entitled to do. If gun laws have kept us from doing for Virginia. The crime rate over there in they don’t do it, then you are entitled decades, allows assault weapons to be Alexandria is much, much lower than to step in. owned by juveniles and by people just it is here, and it’s because the people The fact is the District of Columbia released from mental institutions. have the right to defend themselves has been working on a bill ever since a That’s what you get if you don’t vote and their property in their own homes. Supreme Court decision on June 26. for Waxman-Norton, if you do, in fact, If they want to, they can get a gun per- They started the very next day. It’s the vote for the substitute, the reckless mit to carry a gun to protect them- Supreme Court, the final arbiter of all substitute that no Member should want selves. of this, that has required the District to have anything to do with or have his That’s the way it ought to be in to rewrite the law. A narrow bill, 5–4, name attached to in any way. Washington, D.C., and it isn’t. As a re- say you tailor it, each and every one of Mr. SOUDER. Just for the record, the sult, we have had Members of Congress you, to your convictions. That’s what substitute is Mr. CHILDERS’, a Demo- mugged, the former minority leader of has been done, has been done. So all of crat’s bill, not my bill. the House was mugged, beaten half to this talk about what it used to be be- I yield 2 minutes to Mr. JORDAN of death. Two of my staff people have fore the Supreme Court, is used to be. Ohio. been mugged and beaten, one of them Now, what this District has done and Mr. JORDAN of Ohio. I thank the twice, and he took their money. They signed, I am sure Members haven’t gentleman for yielding. had no way to defend themselves, none, even taken any note of. But it wasn’t Mr. Chairman, I rise in opposition to even in their homes. much influenced by the NRA threat, H.R. 6842, and in support of the Now, we are not asking you to give the way Members who support this sub- Childers amendment, I support the gun permits to everybody that’s walk- stitute were. amendment for three reasons, first it’s ing around the streets, but they ought Sure, it permits some of the things just basic respect for the second to at least have the right to have a gun that were always intended, some of the amendment. The founders got it right in their home to protect themselves if things in the substitute, because it when they put the second amendment somebody breaks in. does allow—I read the Supreme Court right after the first.

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00137 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.004 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 19321 Our founders understood how impor- Heller decision is now the law of the nority staff about my concerns with tant this principle was in ensuring our land, and the District of Columbia, just some of the language of this bill be- basic freedoms in a constitutional re- like every other State or local govern- cause I believe it has factual mistakes public. ment in this country, has a legal obli- in it that suggests that actually hand- I want to support the Childers gation to follow it. guns endanger people rather than pro- amendment also for the fact that it re- Our committee, the Oversight and tect people. spects the Supreme Court decision in Government Reform Committee, has But I talked to the chairman and to the Heller case. This bill, in its current jurisdiction over the District of Colum- the ranking member, and the hearing form, would allow for restrictions and bia and so our committee reported this that we had had been agreed to by both regulations to be imposed that run con- measure last week to underline the sides and we went through the process. trary to the expressed opinion in that District’s legal obligations. The bill You specifically told me you will get court decision. tells the city government in very clear, your vote on the floor and let’s not When given the chance to implement unequivocal terms that it has to con- have a fight in committee, so I didn’t commonsense legislation that protects form its law to comply with the Heller offer a series of amendments. I cer- the second amendment rights and re- decision. It even sets a deadline for the tainly had the right, but I chose not to spected the Supreme Court, the D.C. District to complete this effort in 180 do it. City Council instead enacted an emer- days. Mr. WAXMAN. Will the gentleman gency bill, completely in defiance of This measure, sponsored by Ms. NOR- yield? the Court, that banned most semiauto- TON and myself and others, was adopted Mr. SOUDER. I yield. matic pistols, the firearm most often by the committee of jurisdiction by a Mr. WAXMAN. You certainly had a used by families to defend themselves. vote of 21–1. An amendment could have right, but you chose not to exercise They banned operable firearms in the been offered like the amendment that that right. It was up to you. What we home, requiring an individual to as- is being offered today. It was not of- discussed was that we have a clean semble and load and fire them only fered in committee. The committee vote on the substitute and a clean vote after an attack is under way and insti- recommended on a vote of 21–1 on a bi- on the bill. tuted costly and intrusive and con- partisan basis that we support this leg- There might have been a misunder- voluted registration process. islation. standing, but it was on your part. Finally, the last reason, I think, that Now I know there is going to be an Mr. SOUDER. Reclaiming my time, the Childers amendment makes so amendment proposed to this bill, but did you not ask me if we could just much sense, is it’s just good common that amendment would trample on the have the vote and not have a bunch of sense. As the individual from Indiana principle of home rule for the District. amendments? pointed out, criminals aren’t stupid, If the District of Columbia adopts leg- Mr. WAXMAN. No. If the gentleman they are just bad. islation that complies with the Su- would yield, I said to you if you would Bad guys aren’t dumb, they are just preme Court, it is no business of any offer your substitute, we will vote on bad, and here is the dynamic that is at Representative from other areas in this it, we will offer the underlying bill. work. If you have a bad guy, a bad guy country to override the decision of the The CHAIRMAN. The gentleman’s out there on the street trying to figure District of Columbia. time has expired. out which home he is going to rob some D.C. residents are the only Ameri- Mr. SOUDER. Mr. Chairman, I yield night, and there are two adjacent prop- cans who pay Federal taxes but are de- myself an additional minute. erties side by side. In one driveway is a nied a vote in Congress. That is fun- Reclaiming my time, you said can pickup truck with a gun rack and a damentally wrong, and when Congress you just offer your substitute, and we bumper sticker that says, ‘‘I love the overrules the City Council and the knew we were going to have that vote NRA’’ and ‘‘Palin for President.’’ mayor, we compound that wrong. The on the floor. But what I said was I had In the very next driveway, you have District I believe is acting responsibly, a series of amendments, and in discus- a Volkswagen with a Greenpeace bump- and I think we ought to let them pur- sion with the majority and the minor- er sticker and, respectfully, ‘‘WAXMAN sue their legislation to comply with ity, I’m not objecting that I didn’t for President’’ bumper sticker as well, the Supreme Court decision. have the right to do it; I certainly had which place do you think he is going to I ask my colleagues to imagine how the right to do it. What I am objecting target for a crime? you would feel if the Congress of the to is we had a process that both sides That’s the dynamics that is at work United States tried to dictate the gun had roughly agreed that we weren’t here. Criminals now have to stop and laws or any other laws for your dis- going to challenge the underlying bill. think, as previous speakers have point- trict. I think you would be outraged. We keep hearing that the underlying ed out, about this family may, in fact, Yet that is exactly what some Mem- bill passed unanimously. It did not be now able to exercise their second bers want to do today. have unanimous support in the com- amendment rights to protect them- Now we are going to have a sub- mittee. If we would have had a forced selves, their family and their property. stitute amendment that will be offered vote, we would have polarized on this, That’s the basic fundamental con- to Congresswoman NORTON’s bill that as we would have on the bill. stitutional right we want to protect does more than trample on home rule. We have moved the bill forward, and with the Childers amendment. That’s It is also an exceptionally dangerous that was my point. I believe we are why I oppose the underlying bill and proposal. It repeals key safeguards the having that debate tonight, but it support the amendment. District has established to protect our should not be taken by Members of Nation’s capital and the many officials Congress that there was a unanimous b 2245 who live and work here. Even basic vote in support of this bill as opposed Mr. DAVIS of Illinois. Mr. Chairman, commonsense measures like gun reg- to the substitute that is coming from it is my pleasure to yield 3 minutes to istration which tells law enforcement Mr. CHILDERS. the chairman of Oversight and Govern- who possesses a weapon and enables I yield 3 minutes to the gentleman ment Reform, Mr. HENRY WAXMAN. background checks would be repealed. from Connecticut (Mr. SHAYS), a senior Mr. WAXMAN. Mr. Chairman, the I urge support of the underlying bill member of the Oversight and Govern- bill that is before us is a very simple and rejection of the substitute. ment Reform Committee. bill. It directs the District of Columbia Mr. SOUDER. Mr. Chairman, I yield Mr. SHAYS. I thank the gentleman to comply with the recent Supreme myself 1 minute. for yielding, and I don’t intend to take Court decision in the Heller case which I want the RECORD to show because I 3 minutes, but I do want to weigh in. held that the second amendment gives have great respect for the chairman of In 1993 or 1994, the assault weapon individuals the right to have a handgun the Government Reform Committee, ban passed the House by one vote, and at home for personal protection. The but the fact is I had talked to the mi- it resulted in the defeat of a number of

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00138 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.004 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19322 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 September 16, 2008 powerful Democrats and may have re- by the citizens of our Nation’s capital, Government of the District of Colum- sulted, in fact, in the Republican Party along with the District’s law enforce- bia should pass a local law that con- gaining the majority. This is not an ment officers, who put their lives on forms to the recent Supreme Court de- easy vote for Members to take, and I the line every day to do their jobs and cision. They have done that now. As of had some Members suggest I won’t be to determine how best to comply with today, the Government of the District the next chairman or ranking member the Court. of Columbia has passed legislation that of the Committee on Government Re- Capital Police Chief Morse and D.C. complies with the Supreme Court rul- form if I step up and speak in favor of Metropolitan Police Chief Cathy La- ing. something I believe in. Obviously that nier testified before our committee, So what is the issue before us today? is not a sensible thing to tell any Mem- and I trust them when they express It is not whether they should comply ber. their grave concerns about more guns, with the constitutional ruling, it is The bottom line for me is this: I be- more powerful guns on D.C. streets. who gets to decide what new constitu- lieve that people have a constitutional But rather than listen to Chief Lanier tional law they can put in place and right to bear arms and the government and Chief Morse, there will be a sub- whether or not this body should play has a constitutional responsibility to stitute amendment offered on behalf of D.C. City Council, or whether we regulate that right. That’s what I be- the National Rifle Association with should pretend we are 435 mayors of lieve. I believe it has to conform to the complete disregard for the American the District of Columbia and substitute Constitution of the United States. families that live in Washington, D.C. our judgment for the judgment of the I believe the Supreme Court has de- The substitute amendment would elected leaders of our Nation’s capital. clared what the District of Columbia allow for more guns designated solely You know, people in this body often has outlined in banning handguns. to kill people on D.C. streets and sure- talk about the importance of local de- They declared it as unconstitutional ly result in more money in the pockets cision-making, and we have to listen to and they said come back with a law of gun profiteers and the possibility of the people close to the ground. That is that is constitutional. It seems very more fund-raising dollars for pro-gun great to say, but the actions, at least reasonable to me that we would give candidates. in the substitute bill, suggest that we the District of Columbia an oppor- To all the brave hunters on the floor are not serious in that respect about tunity to comply with the ruling of the tonight fighting to protect the rights what we say because what this sub- of hunters, there are no bucks, bears or Supreme Court without our bringing stitute bill does is takes away from the boars to shoot on the streets of D.C., our own particular views to this issue. people of the District of Columbia the During that debate I was in good but there are innocent children, women democratic rights that all of our con- company. Leading the debate for the and men who will be shot as they are stituents have in cities and States Republicans on the assault weapon ban caught in the crossfire in a city loaded around this country. was Henry Hyde, a revered Member of with guns designed to kill. Mr. BURTON mentioned he lived in In our Nation’s capital with all of the this House. So there are obviously dif- Virginia when he is near the Nation’s homeland security considerations, I ferences of agreements on what we capital and how he feels safe there. Vir- simply cannot understand why we deny should do. But what we should do is ginia has a law that says you can only elected local officials from taking com- speak our mind as we see it and obvi- purchase one gun a month. So does my monsense measures to comply with the ously live with the results of that as it State of Maryland, one gun a month. court and at the same time ensure the impacts individuals. What this substitute bill says is the safety of our residents, our dignitaries, People have a constitutional right to people of the District of Columbia, and our guests. bear arms. The government has a con- they can’t pass the same law that the Mr. Chairman, we talk a great deal stitutional responsibility to regulate people of Virginia and people of Mary- about listening to military leaders on that right. The District of Columbians land have. That is absolutely wrong. the ground in Iraq. Why aren’t we tak- are Americans. They don’t have a full- I represent a district that is a neigh- ing our own advice and listening to our fledged Member of Congress, though I bor to the Nation’s capital. This bill law enforcement leaders on the streets eliminates for the purpose of the Dis- would say Ms. NORTON is full-fledged of D.C.? with me but she does not have all of trict of Columbia the ban on interstate As a supporter of the second amend- trafficking of guns that applies to the powers she deserves. I hope some ment to the Constitution, I stand with day she has those powers. every other jurisdiction of this country law enforcement for safety, security that not only puts at risk the people of I agree with the majority leader and sensible gun laws. I urge my col- when he said you can’t favor Fed- the District of Columbia but puts a leagues to support H.R. 6842 and reject burden and a risk on the people of all eralism for only the ideas you like. The the NRA’s amendment that would fa- bottom line for me, in the spirit of the surrounding jurisdictions. Why cilitate the senseless proliferation of would we allow that provision which Henry Hyde, I believe that the District weapons of human destruction in our of Columbia should have the right to applies throughout the country just to Nation’s capital. the District of Columbia? make this decision and abide by the Mr. SOUDER. Mr. Chairman, I yield Constitution of the United States. myself 30 seconds. b 2300 Mr. DAVIS of Illinois. Mr. Chairman, I want to remind people again not to Why are we substituting our judg- may I inquire as to how much time I forget during this debate that Wash- ment for the decisions of the people of have left. ington, D.C. has been the murder cap- the District of Columbia when they are The CHAIRMAN. The gentleman ital of the United States 15 of the last conforming to the Constitution of the from Illinois has 17 minutes remaining. 19 years, and the other four they were United States, including the most re- The gentleman from Indiana has 151⁄2. in the top three. Let’s don’t act like cent ruling? Mr. DAVIS of Illinois. Mr. Chairman, what we are doing is making it dan- Mr. Chairman, we should support this it is my pleasure to yield 2 minutes to gerous in this city. bill and oppose the substitute. the gentlelady from Minnesota (Ms. Mr. DAVIS of Illinois. Mr. Chairman, Mr. SOUDER. I yield myself 1 MCCOLLUM). I would just say you can certainly kill minute. Ms. MCCOLLUM of Minnesota. Mr. more people with automatic weapons. Article I, section 8, clause 17 of the Chairman, I rise in strong support of I am pleased to yield 2 minutes to the U.S. Constitution gives Congress the H.R. 6842, the National Capital Secu- gentleman from Maryland (Mr. VAN power to ‘‘exercise exclusive legisla- rity and Safety Act. It is a common- HOLLEN). tion in all cases whatsoever over the sense bill. This bill puts the District of Mr. VAN HOLLEN. I thank my col- District.’’ That was done by our Found- Columbia on notice that it must com- league. ing Fathers. ply with the Supreme Court’s decision Mr. Chairman, let’s start with some- Two hundred and fifty Congressmen and directs the men and women elected thing we can all agree on, that the signed the amicus brief that said that

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00139 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.004 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 19323 they felt the DC gun ban should be gress is in good faith by the DC Coun- an amendment in the nature of a sub- overturned. Fifty-five Senators signed cil. stitute, goes far beyond the court’s in- the amicus brief that said that the DC Mr. VAN HOLLEN. Well, if the gen- tent. This amendment flies in the face gun ban should be overturned because tleman would yield. of the Heller decision by prohibiting it violated a basic constitutional right Mr. SOUDER. I yield to the gen- the District of Columbia from enacting and, according to Heller, was a pre-ex- tleman. any future laws or regulations that dis- isting right to defend yourself, even Mr. VAN HOLLEN. It was an emer- courage or eliminate the private own- without the constitutional question. gency piece of legislation. It is now the ership or use of firearms. This is not about being a City Coun- law of the District of Columbia. I don’t Aside from my concerns about cil. I don’t believe, obviously, you know if the gentleman’s had a chance whether Congress ought to weigh in on could do gun limitations. The Heller to review it. But if there’s agreement what is essentially a local issue, I seri- case said there can be limitations. But by people reviewing this DC gun law ously question whether Representative DC came back with, in effect, a total that it is consistent with the U.S. Su- CHILDERS or any other Member of this ban all over again. The reason you preme Court decision that came down body would appreciate Congress deter- have to have interstate commerce is, recently, then would the gentleman mining the gun laws in their congres- guess what, they passed a new ban, but agree that we do not need to move for- sional districts. there’s no gun stores with which to get ward with the substitute piece of legis- The proposed legislation is simply one gun. The Childers amendment, as I lation? bad policy. We can all agree that dif- understand it, has a temporary ability Mr. SOUDER. Reclaiming my time, ferent communities, whether they are to get guns elsewhere because there is it’s Mr. CHILDERS, and obviously the urban, rural or suburban, require dif- no way to defend yourself in the Dis- Congressional process has started. I ferent types of regulation. The District trict of Columbia because you can’t have no faith, that the current is a of Columbia in particular presents a buy a gun and bring it. And that’s why gimmick, that it will stand. unique case. that particular clause is in, regardless The CHAIRMAN. The time of the No one in the Congress can tell me of the claims contrary, that this is not gentleman has expired. that they do not understand the spe- about being a State government be- Mr. SOUDER. I yield myself an addi- cific homeland security issues that the cause in fact—— tional 30 seconds. And thus we are at National Capital region faces. We have The CHAIRMAN. The time of the this point in the process. Obviously, if allocated millions of Federal dollars to gentleman has expired. the DC government enacted legislation secure this city because we recognize Mr. SOUDER. I yield myself an addi- that Congress had faith in, that this that we are all still sitting in one big tional minute. bill would likely not go through the target. That this isn’t about whether or not Senate and be signed by the President. With the number of U.S. officials and we’re usurping State government pow- But we are now moving a bill through foreign dignitaries who live, work and ers because the State, there isn’t a that had been agreed upon a number of travel here every day, it’s simply as- State. We are, in effect, the State gov- weeks ago, that I believe is necessary, tounding that there are not more acts ernment. Normal cities have a State that I don’t believe the DC Council of violence than we currently have. with which to work a check, and it’s acted in good faith. But we shall see. This is a tribute to the fine work of the not a matter of city. But the vote’s here. We’re voting on law enforcement officials who patrol When it comes to a constitutional a Democratic amendment tonight these streets and I, for one, simply can- right, whether it’s freedom of speech, that’s been agreed to, that the major- not understand why we would fail to freedom of religion or any basic right, ity of this House, that the majority of give them all the tools they need to do no City Council has a right to take the Senate agrees with, and I think, at their work effectively and efficiently. away. this point the United States Congress Let’s be clear. They support this leg- Mr. VAN HOLLEN. Would the gen- has lost faith in whether the—— islation. Allowing an individual to own tleman yield? The CHAIRMAN. The time of the an unregistered AK–47 in our Nation’s Mr. SOUDER. I would be happy to gentleman has expired. Capital is pure insanity. And so I sup- yield. Mr. SOUDER. I yield myself an addi- port the legislation, and I would ask Mr. VAN HOLLEN. If you agreed that tional 15 seconds. our Members to vote against the sub- the District of Columbia had a gun law This Congress has lost faith in the stitute. that was consistent with the recent Su- willingness of the District of Columbia Mr. SOUDER. I continue to reserve preme Court ruling, would you then to defend the second amendment which my time. agree to abide by the democratic deci- is a constitutional right guaranteed by Mr. DAVIS of Illinois. Mr. Chairman, sions of that elected government? a Supreme Court decision. I am pleased to yield 3 minutes to a Mr. SOUDER. To answer the gentle- I reserve the balance of my time. strong proponent of sane, sensible gun man’s question very directly, my as- Mr. DAVIS of Illinois. Mr. Chairman, legislation, Representative CAROLYN sumption was, after the Heller case, I am pleased to yield 2 minutes to the MCCARTHY from New York. that my bill was dead and that we gentleman from Maryland, Representa- Mrs. MCCARTHY of New York. I would not have to revisit it in Con- tive ELIJAH CUMMINGS. thank the gentleman for the time. gress. I was outraged by the actions of Mr. CUMMINGS. I want to thank the Mr. Chairman, I rise in opposition to the District of Columbia, and that led gentleman for yielding, and I rise the Childers substitute amendment to to the process of working with those today to express strong support for H.R. 6842, the National Capitol Secu- who signed the brief, including Mr. H.R. 6842. I was proud to join Mr. WAX- rity and Safety Act, that would get in CHILDERS, who’s doing the amendment, MAN and other members of our com- the way of the democratic process cur- Mr. ROSS, on your side who had been mittee on Tuesday when we passed this rently underway to reform the District there to act. I did not believe that the bill out of the Oversight and Govern- of Columbia’s gun laws and dictate to District of Columbia was going to do ment Reform Committee. the district what all gun laws must be. such an egregious bill that said you Mr. Speaker, I find it odd that cer- When the Supreme Court came up, in had to be in imminent danger that put tain individuals in Congress feel the one way I was very happy because I most of those controls in. need to weigh in on this subject now think almost all of us have agreed in The CHAIRMAN. The time of the when it is still in the process of being one way or the other, that people have gentleman has expired. resolved. the right to own a gun. But now I’m Mr. SOUDER. I yield myself an addi- Specifically, H.R. 6691, legislation in- disappointed to see that we’re actually tional 30 seconds. troduced by Representative CHILDERS, overturning what the Supreme Court There is no reason to believe that an entitled the Second Amendment En- had said. They basically said the Court action on the eve of legislation in Con- forcement Act, which will be offered as ruled that the second amendment right

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00140 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.004 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19324 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 September 16, 2008 is not a right to keep and carry any been the right to own a gun. I’m not ar- you live in a city that wants to take it weapon whatsoever in any manner guing that. The Court has stated that. away doesn’t give that city the right to whatsoever and for whatever purpose. The District has the right to write take it away. That’s a quote, unquote from their their own laws. I reserve the balance of my time. wording. Mr. SOUDER. May I inquire as to the Mr. DAVIS of Illinois. Mr. Chairman, We have an obligation to keep our time remaining on both sides? I am pleased to yield 2 minutes to the communities safe from gun violence. I The CHAIRMAN. The gentleman gentlewoman from California, Rep- believe that the Heller decision actu- from Indiana has 113⁄4 minutes. The resentative LYNN WOOLSEY. ally allows us to move ahead to create gentleman from Illinois has 8 minutes. Ms. WOOLSEY. Mr. Chairman, sen- commonsense gun laws that do not Mr. SOUDER. I yield myself 2 min- sible gun laws and reasonable restric- hinder the right to gun ownership but utes. tions are fully consistent with the sec- rather keep guns out of the wrong We earlier had an exchange with my ond amendment. That’s what the Su- hands and keep communities and indi- distinguished colleague and friend from preme Court said when it ruled on the viduals safe from gun violence. Maryland about whether it was needed D.C. gun ban in June, and that’s what My colleague from the other side ba- for us to pass legislation. Let me read this bill, H.R. 6842 does. sically said, D.C. doesn’t even have gun from washingtonpost.com right after However, the proposed substitute stores so the residents can’t buy guns. the Supreme Court decision. amendment to this bill undermines That’s not true. There is a gun store in ‘‘Mayor Adrian Fenty and his feisty commonsense protections in our Na- the D.C. area, and I’m sure within a Attorney General, Peter Nickles, stood tion’s Capital, particularly at a time year we’ll see many other gun stores on the steps of the Wilson Building this when gun violence threatens our chil- there. week ostensibly to announce how the dren and their families. Heller paved the way for Congress to District will comply with the Supreme By legalizing semi-automatic assault move forward on passing the kind of Court’s rejection of Washington’s ban weapons, repealing criminal and men- laws that will protect our communities on handguns. But really, they were de- tal health restrictions for owning guns, and where we work and certainly in the livering very much the opposite mes- and ending registration requirements D.C. area. sage. With only the narrowest of excep- for firearms, this amendment jeopard- The District of Columbia is fully tions, we’re sticking with our gun ban. izes the safety of the families who live committed to appropriate response to Don’t like it? Sue us.’’ in Washington, D.C. and those who Heller and reform its gun laws in a Quote, ‘‘I am pretty confident that visit. manner that is consistent with the rul- the people of the District of Columbia b 2315 ings in the decision. want us to err in the direction of try- Make no mistake. This is not a bating to restrict guns,’’ Fenty told me, This substitute goes so far as to tle, again, about is there a right to own smiling broadly at the suggestion that eliminate the vision test for owning a a gun. The courts have put that out. what he’s really trying to do is make it gun and repeals D.C.’s safe storage laws D.C. is applying to that. as hard as possible for Washingtonians preventing D.C. from prohibiting peo- The District enacted temporary leg- to keep a loaded gun at home.’’ ple from storing loaded firearms near islation in response to Heller, the Fire- Nickles, the Acting Attorney General children. arms Emergency Amendment Act of said, ‘‘it’s clear the Supreme Court Allowing people to go out and buy a 2008 on July 16, 2008, which will only re- didn’t intend for you to have a loaded gun the day after being released from a main in effect for 90 days as the Dis- gun around the house.’’ mental institution is reckless, not re- trict is currently drafting permanent Quite frankly, that isn’t what the Su- sponsible; putting the same weapons in laws that would fully comply with preme Court said. The Supreme Court the hands that killed 32 students and Heller. says you have a right to have a hand- faculty at Virginia Tech and 13 stu- Why are we doing this? What is the gun in your house to protect yourself; dents and teachers at Columbine is rush? that if this bill was, in fact, just what reckless, it is not reasonable; removing You know, we, unfortunately, have the D.C. City Council was doing, then the requirement that they register seen D.C. go under some terrible times. it won’t harm for us to pass this bill. these guns is reckless, it is not reason- But, again, I will say to you that again The only danger is if the City Council able. changing our laws or having this Con- really doesn’t mean to protect the sec- I urge my colleagues to join me in gress dictate to D.C. is not the right ond amendment. opposing this substitute amendment way to go. The Mayor and the City We have lost faith. Statements like and support the underlying bill because Council are tasked to make sure that this were outrageous after the Supreme the safety of every person who steps this occurs. Court decision, and that a coalition in foot in this city depends on it. Unfortunately, some Members of this House, something that’s rare, a Mr. SOUDER. Mr. Chairman, I yield 4 Congress want to circumvent the majority of Members working together minutes to my friend and colleague democratic process underway in the on both sides of the aisle, working— from Georgia (Mr. BROUN). District of Columbia. and NRA has been spit out of some peo- Mr. BROUN of Georgia. I thank the The Heller decision clearly states ple’s mouth like it’s some kind of evil gentleman for yielding. that local governments can enact their organization. The NRA represents gun I was sitting in my office listening to own appropriate restrictions on gun owners and people who believe in fam- this debate, and it occurred to me ownership. Let me say that again. The ily protection all over America. I am there was an interesting experiment States and local governments can not ashamed to be proud that I work done a number of years ago. The City enact their own appropriate restric- with the NRA. And there are Members of Morton Grove, Illinois, which is a tions on gun ownership. on the Democratic side, Mr. CHILDERS suburb of Chicago, put in a ban on However, the substitute amendment, is offering the substitute amendment handguns. They outlawed the owner- based largely on H.R. 6691, would dic- with the support of the Blue Dogs and ship of guns in Morton Grove; and in tate to the District of Columbia what we’ve worked together, 250 Members, 55 response to that, the City of Kennesaw, gun laws it must be. in the Senate. And it’s made to sound Georgia, enacted legislation within H.R. 6691 will repeal the District’s like it’s some kind of little minor that community that required the own- ban on most semi-automatic weapons, group that wants to take over the City ership of firearms within that commu- preempting many of the District’s reg- Council of D.C. It’s a majority of Amer- nity. ulations on gun possession, including ica. It’s a majority of the House, the Both of these are very similar com- gun registrations. majority of the Senate, this adminis- munities. Morton Grove is just outside Let me say this. We have a battle tration who say the second amendment of Chicago; Kennesaw is just outside of with the NRA. The battle has always should be protected. And just because Atlanta.

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00141 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.005 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 19325 It was very interesting what hap- Mr. BROUN of Georgia. It does not forced down their throat. That is not pened with this social experiment. The allow AK–47s. right. That is not fair. That is not just. crime rate, the murder rate, the as- Mr. WAXMAN. The gentleman is in- And I think even you would agree saults, the rapes, every measure of correct. that that is not the American way. crime in Morton Grove, Illinois, rose Mr. BROUN of Georgia. An AK–47 is a Mr. SOUDER. Mr. Chairman, I yield exponentially. In Kennesaw, Georgia, fully automatic machine gun. Machine myself 30 seconds. the crime rate plummeted and is still guns are very strictly controlled and Mr. LEWIS is certainly the most re- low even today. The Kennesaw ordi- have been for decades. This will not spected advocate for civil rights in this nance allowed people who didn’t want allow machine guns. United States Congress. No city has a to have firearms in their homes a Now, there are many on that side right to deprive a constitutional right, method of having conscientious objec- that think if a gun is an autoloader, even if the majority of people in that tion to doing so. But it’s a very inter- that it’s a machine gun. It is not. A State or city favor depriving you. I esting experiment. machine gun, you pull the trigger, it don’t know how D.C. could be less safe. I hear from the other side all of these fires multiple times with one pull of It’s the murder capital in 15 of the last rants and raves and anger even ex- the trigger. This bill does not allow 19 years since they instituted the gun pressed tonight over the substitute that. A semi-automatic would allow law, and the other 4 years they were in amendment supporting the bill. Well, one shot with one pull of the trigger. the top three. They were not before the fact is the underlying bill does not There are shotguns that do that, there they instituted the gun law. support the second amendment, it is are pistols that do that, there are rifles I reserve the balance of my time. anti-second amendment; and frankly, that do that. Mr. DAVIS of Illinois. Mr. Chairman, according to the Constitution, we have The CHAIRMAN. The gentleman’s it’s my pleasure to yield 2 minutes to a pre-existing right prior to the Con- time has expired. Representative DONNA EDWARDS from stitution to own firearms and to pro- Mr. DAVIS of Illinois. Mr. Chairman, Maryland. tect ourselves. And that’s what this I’m absolutely certain that the people Ms. EDWARDS of Maryland. Mr. substitute would help allow to happen in Morton Grove, Illinois, would not Speaker, I rise in support of H.R. 6842 in Washington, D.C. and in strong and absolute opposition Washington is not a State. It’s not a suggest that they have a high-crime to the Childers-Souder substitute to city, according to all of the other cities community. the National Capital Security and in the country. It’s very unique. And It is my pleasure to yield 2 minutes this body has the prerogative, has the to the gentleman from Georgia, Rep- Safety Act. responsibility under the Constitution resentative JOHN LEWIS. It’s not the place of this Congress to to set the laws and to monitor what is Mr. LEWIS of Georgia. Mr. Speaker, undermine the elected Council of the going on in Washington, D.C. I rise in support of the bill and against District of Columbia’s ability to regu- I hear claims on the other side that the amendment. late firearms within their borders. The the substitute amendment would legal- Members of Congress, you are not the mayor and the District’s Council have ize AK–47s. Well, that’s not factual. I mayor of Washington, D.C., you do not taken the necessary steps to revise hear that it will allow mentally defi- sit on the City Council, you have not their gun laws in accordance with the cient people to have firearms. That’s been ordained to stand in judgment. I decision of the United States Supreme not correct. I hear so many claims on dare you to act as judge and jury and Court, and Representative NORTON’s the other side and every single person sentence the people of the District of bill offers them that opportunity. that I have heard come to this floor Columbia to unfettered access to guns. This substitute amendment is a dan- making these outrageous, incorrect Some of my friends have fought gerous alternative, the full scope of claims are all on record of being anti- tooth and nail against too much gov- which we’ve not even had time to fully gun, anti-second amendment, and want ernment intervention. So how could understand. Residents of the District of to outlaw guns, register guns, and want you suggest tonight that Congress cir- Columbia and my congressional dis- to get guns out of the hands of individ- cumvent, disregard, and disrespect the trict in neighboring Prince George’s uals. rights and freedom of the citizens of and Montgomery Counties in Maryland We have an individual right to pro- this city? want a commonsense law enforcement tect ourselves. We have an individual D.C. residents have made it crystal approach when it comes to gun owner- right to own a firearm. And what this clear they want to limit the prolifera- ship. And if this NRA-sponsored sub- amendment will do is it will allow the tion of guns in Washington to protect stitute were to pass, it would have a people of Washington, D.C. the right to all of its citizens, including Members of devastating consequence of prohibiting protect themselves. It’s inane to think Congress, staffers, even the President registration for most guns and repeal- that somebody can’t have a gun and of the United States, who all live and ing the ban on semi-automatic weap- own that gun and have it loaded. work in this city. ons. It’s inane to think that somebody has The amendment would nullify the Furthermore, it is outrageous that to have a gun unloaded or locked or will of hundreds of thousands of voting the Congress of the United States is taken apart because if somebody’s Americans like they don’t even exist. going to substitute and undermine the breaking into your house, if they’re They are citizens of America. They are laws of my State of Maryland by allow- robbing, raping, pillaging, you don’t human beings. ing this substitute amendment to cre- have time to put those firearms to- We all heard the news of a few weeks ate an exemption to Federal law for gether, even the loaded firearm. ago: 11 people were shot, wounded, the District of Columbia to enter juris- We know from the experiment in some even died on the streets of Wash- dictions in Maryland and Virginia to Morton Grove, as well as Kennesaw, ington in one night. How many more purchase guns. Georgia, that owning firearms within a people will die? How many more vic- Maryland taxpayers are going to be community actually decreases crime tims will be robbed when they stare asked to foot the bill in an unfunded and makes people safer. So I encourage the Members of this down the barrel of a gun? mandate to integrate systems, process House to vote for the substitute As Members of Congress, you may be- applications. We’re a State. We have a amendment and vote down the under- lieve what you will. Maybe you truly Governor who’s elected, we have a gen- lying bill. think that when everyone bears arms, eral assembly that’s elected. We have Mr. WAXMAN. Will the gentleman the city will really be safer. You have an Attorney General that’s elected. We yield? a right to your opinion, but we are here don’t need the Congress of the United Mr. BROUN of Georgia. Yes. tonight to say the people of the Dis- States stomping on the foot of Mary- Mr. WAXMAN. Is it your position trict of Columbia do not agree. And landers in order to pass a law that it’s that the amendment that will be of- they should not have your way of life, trying to impose on the sovereignty of fered does not allow AK–47s? your viewpoint, your amendment the District of Columbia. And I think

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00142 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.005 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19326 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 September 16, 2008 it’s time for us to just say ‘‘no’’ to this District of Columbia to make their own (11) The District of Columbia government substitute amendment on the sovereign decision. has just begun the process of enacting legis- rights of Maryland. lation to allow gun ownership in the District b 2330 for self-defense in a person’s home in compli- And I support Congresswoman NOR- I urge that we vote in favor of the ance with the Supreme Court ruling in the TON’s bill as a logical next step forward case of District of Columbia vs. Heller. and urge my colleagues to vote ‘‘no’’ Waxman-Norton bill and reject the (12) Local jurisdictions, including the Dis- on the Childers substitute. The safety Childers substitute. trict of Columbia, enact firearms legislation of all who live, work, and play in the I yield back the balance of our time. in keeping with local desires and concerns, District of Columbia and the sur- The CHAIRMAN. All time for general but the District of Columbia must take into rounding metropolitan area hangs in debate has expired. account that the District also is a Federal the balance, and our sovereign State of Pursuant to the rule, the amendment city and that such legislation must be con- printed in the bill is adopted. The bill, sistent with the heightened Federal interest Maryland is not going to stand for this in preventing terrorism and domestic at- body substituting its judgment for our as amended, shall be considered as an tacks on individuals in the city because of State. original bill for the purpose of further the Federal presence. Mr. SOUDER. Does the gentleman amendment under the 5-minute rule (13) The most frequent attacks on Federal have any additional speakers? and shall be considered read. officials in the Nation’s capital have been Mr. DAVIS of Illinois. I am prepared The text of the bill, as amended, is as ‘‘lone-wolf’’ attacks by individuals with con- to close. follows: cealable handguns, such as the assassina- tions of Presidents Abraham Lincoln and Mr. SOUDER. Mr. Chairman, I will H.R. 6842 James Garfield, the serious attempts on yield myself the balance of the time. Be it enacted by the Senate and House of Rep- Presidents Ronald Regan and Andrew Jack- Anybody watching this debate can resentatives of the United States of America in son, and the July 1998 murder of 2 United feel the passion, and they can see some Congress assembled, States Capitol Police officers in the United differences based on where people are SECTION 1. SHORT TITLE. States Capitol. from. And can you hear the passion This Act may be cited as the ‘‘National (14) The most dangerous attacks on indi- from many of those in the urban cities Capital Security and Safety Act’’. viduals in the United States have been com- who are very concerned about the vio- SEC. 2. FINDINGS. mitted with handguns, including the recent attack at Virginia Tech University in which lent crime. Congress finds the following: (1) Washington, DC is both a local self-gov- 32 people were shot and killed and the attack I believe this solution is not only at Columbine High School in which 12 people wrong and doesn’t work; it’s unconsti- erning jurisdiction and the seat of the United States government, with unique Fed- were killed. tutional. But I do want to say a few eral responsibilities that accompany its role (15) The government of the District of Co- words that we do need to get control of as the Nation’s capital. lumbia, with the informed advice of MPD, is the challenges in our urban areas. (2) The Metropolitan Police Department best suited to carrying out the complicated task of developing local laws that satisfy the As my friend from Chicago knows (MPD), the District’s local police force, with Supreme Court’s mandate while protecting well, we’ve worked together on pris- more than 4,000 members, is the only sizeable Federal officials and employees, visiting dig- police force in the National Capital Region. oner re-entry programs; we’ve worked nitaries, and other individuals. Congress (3) In its role as a Federal city, the District together on education programs. We should allow the District of Columbia the op- of Columbia has always been linked with need to make sure there are job oppor- portunity to enact statutes and promulgate Federal law enforcement in a partnership to tunities. And there are many things we regulations, while preserving the Federal protect the Federal presence, including Fed- right to intervene under the District of Co- need to do to try to address the prob- eral officials and employees, visiting dig- lumbia Home Rule Act if federally protected lems that the inner cities face. nitaries, and other individuals. I do not believe the taking away of individuals or the Federal presence are ex- (4) Since the terrorist attacks by a United posed to risk. the constitutional right to bear arms is States citizen on a Federal facility in Okla- (16) Unregulated firearms in the Nation’s the way to go. I don’t believe it will homa City, Oklahoma, and especially since capital would preclude the ability of the work. I believe Washington, D.C. is a the attacks by foreign terrorists on the Na- MPD and, if needed, the Federal government model of a gun law not working. And tional Capital Region on September 11, 2001, to track guns through registration and oth- besides that, it happens to be the con- the District of Columbia has been considered erwise to help ensure that guns do not en- by Federal law enforcement and security of- stitutional right of American citizens danger Federal officials and employees, vis- ficials to be a likely target for terrorist and iting dignitaries, and other individuals. to defend themselves. domestic attacks on Federal sites and on The Supreme Court ruled clearly. SEC. 3. REVISION OF DISTRICT OF COLUMBIA Federal officials and employees, visiting dig- FIREARMS LAWS. The City of Washington attempted to nitaries, and other individuals. (a) REQUIRING DISTRICT TO REVISE LAWS.— defy that ruling; 250 Members of Con- (5) The MPD works continuously with all Not later than 180 days after the date of the en- gress, 55 Senators who signed the ami- Federal law enforcement agencies, including actment of this Act, the District of Columbia cus brief believed that Congress there- 36 different police agencies, to prevent at- shall revise the laws and regulations of the Dis- fore has to step reluctantly in to try to tacks in the Nation’s capital. trict of Columbia which govern the use and pos- (6) Federal and District law enforcement pass this legislation. session of firearms, as necessary to comply with interests work together and communicate the requirements of the decision of the Supreme I yield back the balance of my time. daily on many efforts, including providing Mr. DAVIS of Illinois. Mr. Chairman, Court in the case of District of Columbia v. Hell- protective escort services to the President, er. I yield myself the balance of our time. Vice President, first lady, and presidential (b) CONFORMING AMENDMENT TO LOCAL Mr. Chairman, we’ve been debating candidates as they travel and work through- LAW.—Title VII of the Firearms Control Regula- tonight a gun issue. But it also is a out the District. tions Act of 1975 (sec. 7–2507.01 et seq., D.C. Of- home rule issue, an issue that simply (7) The President, Vice President, and ficial Code) is amended by adding at the end the says that the people of the District of many cabinet and other Federal officials re- following new section: Columbia should have the opportunity side in the District of Columbia. ‘‘SEC. 712. CONSISTENCY WITH FEDERAL RE- (8) MPD teams with Federal officials to to make a decision about themselves. QUIREMENTS. provide protective escorts for the more than ‘‘The Mayor and the Council shall ensure We’re also debating a homeland secu- 40 national and international dignitaries who that this Act and the regulations promulgated to rity issue, a crime prevention issue, a visit the District of Columbia every month. carry out this Act are consistent with the re- safety issue. It’s a foreign dignitary (9) The Nation’s capital is required by law quirements of the decision of the Supreme Court protection issue. But it’s also a com- to be the headquarters of every cabinet agen- in the case of District of Columbia v. Heller.’’. monsense issue. cy of the Federal government and has the The CHAIRMAN. No further amend- Common sense tells us that the more largest concentration of Federal employees, ment is in order except the amendment weapons you put on the street, the a total of 145,000. (10) In the District of Columbia Home Rule in the nature of a substitute printed in more likely you are to have disaster. Act, Congress delegated self-governing pow- House Report 110–852. That amendment And so H.R. 6842 represents and pro- ers to the District of Columbia local govern- may be offered only by a Member des- tects all of what we have discussed rel- ment but retained authority to protect Fed- ignated in the report, shall be consid- ative to the ability of the people of the eral interests when necessary. ered read, shall be debatable for the

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00143 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.005 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 19327 time specified in the report, equally di- under Federal law from acquiring, possessing (B) in subsection (b), by striking ‘‘which vided and controlled by the proponent in their homes or businesses, or using for are unregisterable under section 202’’ and in- and an opponent, and shall not be sub- sporting, self-protection or other lawful pur- serting ‘‘which are prohibited under section ject to amendment. poses, any firearm neither prohibited by Fed- 201’’. eral law nor subject to the National Fire- (4) Section 402 (sec. 7–2504.02, D.C. Official AMENDMENT OFFERED BY MR. CHILDERS arms Act. The District of Columbia shall not Code) is amended— Mr. CHILDERS. Mr. Chairman, I have authority to enact laws or regulations (A) in subsection (a), by striking ‘‘Any per- have an amendment in the nature of a that discourage or eliminate the private son eligible to register a firearm’’ and all substitute at the desk. ownership or use of firearms. Nothing in the that follows through ‘‘such business,’’ and The CHAIRMAN. The Clerk will des- previous two sentences shall be construed to inserting the following: ‘‘Any person not ignate the amendment. prohibit the District of Columbia from regu- otherwise prohibited from possessing or re- The text of the amendment is as fol- lating or prohibiting the carrying of firearms ceiving a firearm under Federal or District lows: by a person, either concealed or openly, law, or from being licensed under section 923 other than at the person’s dwelling place, of title 18, United States Code,’’; and Amendment offered by Mr. CHILDERS: place of business, or on other land possessed (B) in subsection (b), by amending para- Strike all after the enacting clause and in- by the person.’’. graph (1) to read as follows: sert the following: SEC. 4. REPEAL D.C. SEMIAUTOMATIC BAN. ‘‘(1) The applicant’s name;’’. SECTION 1. SHORT TITLE. (a) IN GENERAL.—Section 101(10) of the (5) Section 403(b) (sec. 7–2504.03(b), D.C. Of- This Act may be cited as the ‘‘Second Firearms Control Regulations Act of 1975 ficial Code) is amended by striking ‘‘reg- Amendment Enforcement Act’’. (sec. 7–2501.01(10), D.C. Official Code) is istration certificate’’ and inserting ‘‘dealer’s SEC. 2. CONGRESSIONAL FINDINGS. amended to read as follows: license’’. Congress finds the following: ‘‘(10) ‘Machine gun’ means any firearm (6) Section 404(a)(3) (sec. 7–2504.04(a)(3)), (1) The Second Amendment to the United which shoots, is designed to shoot, or readily D.C. Official Code) is amended— States Constitution provides that the right restored to shoot automatically, more than 1 (A) in subparagraph (B)(i), by striking of the people to keep and bear arms shall not shot without manual reloading by a single ‘‘registration certificate number (if any) of be infringed. function of the trigger, and includes the the firearm,’’; (2) As the Congress and the Supreme Court frame or receiver of any such weapon, any (B) in subparagraph (B)(iv), by striking of the United States have recognized, the part designed and intended solely and exclu- ‘‘holding the registration certificate’’ and in- Second Amendment to the United States sively, or combination of parts designed and serting ‘‘from whom it was received for re- Constitution protects the rights of individ- intended, for use in converting a weapon into pair’’; uals, including those who are not members of a machine gun, and any combination of parts (C) in subparagraph (C)(i), by striking ‘‘and a militia or engaged in military service or from which a machine gun can be assembled registration certificate number (if any) of training, to keep and bear arms. if such parts are in the possession or under the firearm’’; (3) The law-abiding citizens of the District the control of a person.’’. (D) in subparagraph (C)(ii), by striking of Columbia are deprived by local laws of (b) CONFORMING AMENDMENT TO PROVISIONS ‘‘registration certificate number or’’; and handguns, rifles, and shotguns that are com- SETTING FORTH CRIMINAL PENALTIES.—Sec- (E) by striking subparagraphs (D) and (E). monly kept by law-abiding persons through- tion 1(c) of the Act of July 8, 1932 (47 Stat. (7) Section 406(c) (sec. 7–2504.06(c), D.C. Of- out the United States for sporting use and 651; sec. 22–4501(c), D.C. Official Code) is ficial Code) is amended to read as follows: for lawful defense of their persons, homes, amended to read as follows: ‘‘(c) Within 45 days of a decision becoming businesses, and families. ‘‘(c) ‘Machine gun’, as used in this Act, has effective which is unfavorable to a licensee (4) The District of Columbia has the high- the meaning given such term in section or to an applicant for a dealer’s license, the est per capita murder rate in the Nation, 101(10) of the Firearms Control Regulations licensee or application shall— which may be attributed in part to local Act of 1975.’’. ‘‘(1) lawfully remove from the District all laws prohibiting possession of firearms by SEC. 5. REPEAL REGISTRATION REQUIREMENT. destructive devices in his inventory, or law-abiding persons who would otherwise be (a) REPEAL OF REQUIREMENT.— peaceably surrender to the Chief all destruc- able to defend themselves and their loved (1) IN GENERAL.—Section 201(a) of the Fire- tive devices in his inventory in the manner ones in their own homes and businesses. arms Control Regulations Act of 1975 (sec. 7– provided in section 705; and (5) The Federal Gun Control Act of 1968, as 2502.01(a), D.C. Official Code) is amended by ‘‘(2) lawfully dispose, to himself or to an- amended by the Firearms Owners’ Protec- striking ‘‘any firearm, unless’’ and all that other, any firearms and ammunition in his tion Act of 1986, and the Brady Handgun Vio- follows through paragraph (3) and inserting inventory.’’. lence Prevention Act of 1993, provide com- the following: ‘‘any firearm described in sub- (8) Section 407(b) (sec. 7–2504.07(b), D.C. Of- prehensive Federal regulations applicable in section (c).’’. ficial Code) is amended by striking ‘‘would the District of Columbia as elsewhere. In ad- (2) DESCRIPTION OF FIREARMS REMAINING IL- not be eligible’’ and all that follows and in- dition, existing District of Columbia crimi- LEGAL.—Section 201 of such Act (sec. 7– serting ‘‘is prohibited from possessing or re- nal laws punish possession and illegal use of 2502.01, D.C. Official Code) is amended by ceiving a firearm under Federal or District firearms by violent criminals and felons. adding at the end the following new sub- law.’’. Consequently, there is no need for local laws section: (9) Section 502 (sec. 7–2505.02, D.C. Official which only affect and disarm law-abiding ‘‘(c) A firearm described in this subsection Code) is amended— citizens. is any of the following: (A) by amending subsection (a) to read as (6) Officials of the District of Columbia ‘‘(1) A sawed-off shotgun. follows: have indicated their intention to continue to ‘‘(2) A machine gun. unduly restrict lawful firearm possession and ‘‘(3) A short-barreled rifle.’’. ‘‘(a) Any person or organization not prohibited from possessing or receiving a fire- use by citizens of the District. (3) CONFORMING AMENDMENT.—The heading (7) Legislation is required to correct the of section 201 of such Act (sec. 7–2502.01, D.C. arm under Federal or District law may sell District of Columbia’s law in order to restore Official Code) is amended by striking ‘‘Reg- or otherwise transfer ammunition or any the fundamental rights of its citizens under istration requirements’’ and inserting ‘‘Fire- firearm, except those which are prohibited the Second Amendment to the United States arm Possession’’. under section 201, to a licensed dealer.’’; Constitution and thereby enhance public (b) CONFORMING AMENDMENTS TO FIREARMS (B) by amending subsection (c) to read as safety. CONTROL REGULATIONS ACT.—The Firearms follows: SEC. 3. REFORM D.C. COUNCIL’S AUTHORITY TO Control Regulations Act of 1975 is amended ‘‘(c) Any licensed dealer may sell or other- RESTRICT FIREARMS. as follows: wise transfer a firearm to any person or or- Section 4 of the Act entitled ‘‘An Act to (1) Sections 202 through 211 (secs. 7–2502.02 ganization not otherwise prohibited from prohibit the killing of wild birds and wild through 7–2502.11, D.C. Official Code) are re- possessing or receiving such firearm under animals in the District of Columbia’’, appealed. Federal or District law.’’; proved June 30, 1906 (34 Stat. 809; sec. 1– (2) Section 101 (sec. 7–2501.01, D.C. Official (C) in subsection (d), by striking para- 303.43, D.C. Official Code) is amended by add- Code) is amended by striking paragraph (13). graphs (2) and (3); and ing at the end the following: ‘‘Nothing in (3) Section 401 (sec. 7–2504.01, D.C. Official (D) by striking subsection (e). this section or any other provision of law Code) is amended— (10) Section 704 (sec. 7–2507.04, D.C. Official shall authorize, or shall be construed to per- (A) in subsection (a), by striking ‘‘the Dis- Code) is amended— mit, the Council, the Mayor, or any govern- trict;’’ and all that follows and inserting the (A) in subsection (a), by striking ‘‘any reg- mental or regulatory authority of the Dis- following: ‘‘the District, except that a person istration certificate or’’ and inserting ‘‘a’’; trict of Columbia to prohibit, constructively may engage in hand loading, reloading, or and prohibit, or unduly burden the ability of per- custom loading of ammunition for firearms (B) in subsection (b), by striking ‘‘registra- sons not prohibited from possessing firearms lawfully possessed under this Act.’’; and tion certificate,’’.

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00144 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.005 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19328 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 September 16, 2008 (c) OTHER CONFORMING AMENDMENTS.—Sec- I disrespect the sovereignty of the Dis- venting the legislative practices of the tion 2(4) of the Illegal Firearm Sale and Dis- trict city council and their congres- D.C. city council. However, the second tribution Strict Liability Act of 1992 (sec. 7– sional leadership. My only goal in this amendment right is a long-standing 2531.01(2)(4), D.C. Official Code) is amended— matter, along with over 130 of my col- pillar in our system of government, (1) in subparagraph (A), by striking ‘‘or ig- and I believe law-abiding citizens noring proof of the purchaser’s residence in leagues, is to restore fundamental sec- the District of Columbia’’; and ond amendment rights to law-abiding should have the right to defend their (2) in subparagraph (B), by striking ‘‘reg- citizens who reside in the Nation’s cap- homes in the District of Columbia, just istration and’’. ital. like they have the ability to do so in SEC. 6. REPEAL HANDGUN AMMUNITION BAN. There has certainly been a lot of spir- the First Congressional District of Mis- Section 601(3) of the Firearms Control Reg- ited discussion and debate on this mat- sissippi. ulations Act of 1975 (sec. 7–2506.01(3), D.C. Of- ter. I want to dispel any false rumors I reserve my time. ficial Code) is amended by striking ‘‘is the that my legislation makes it easier for Mr. DAVIS of Illinois. Mr. Chairman, holder of the valid registration certificate terrorists or other individuals to open- I rise in strong opposition to the for’’ and inserting ‘‘owns’’. ly spur violence in the District of Co- amendment being offered. SEC. 7. RESTORE RIGHT OF SELF DEFENSE IN The CHAIRMAN. The gentleman is THE HOME. lumbia. I specifically reference section 3 of recognized for 30 minutes. Section 702 of the Firearms Control Regu- Mr. DAVIS of Illinois. Mr. Chairman, my amendment, which states: Nothing lations Act of 1975 (sec. 7–2507.02, D.C. Offi- I yield myself such time as I may con- cial Code) is repealed. in the previous two sentences shall be sume. SEC. 8. REMOVE CRIMINAL PENALTIES FOR POS- construed to prohibit the District of Mr. Chairman, I rise in strong opposi- SESSION OF UNREGISTERED FIRE- Columbia from regulating or prohib- tion to the amendment being offered by ARMS. iting the carrying of firearms by a per- (a) IN GENERAL.—Section 706 of the Fire- the gentleman from Mississippi. The arms Control Regulations Act of 1975 (sec. 7– son, either concealed or openly, other amendment, which is largely taken 2507.06, D.C. Official Code) is amended— than at the person’s dwelling place, from the base bill H.R. 6691, goes way (1) by striking ‘‘that:’’ and all that follows place of business or on other land pos- beyond the ruling that’s been handed through ‘‘(1) A’’ and inserting ‘‘that a’’; and sessed by the person. down by the Supreme Court in the (2) by striking paragraph (2). Again, my inherent goal in this Heller case and, ironically, would lead (b) EFFECTIVE DATE.—The amendments amendment is to restore second amend- to less security and safety and greater made by subsection (a) shall apply with re- ment rights within the home for self- risk in the Nation’s capital. spect to violations occurring after the 60-day protection purposes. Unfortunately, it period which begins on the date of the enact- Moreover, in light of the ruling in ment of this Act. is evident to me and many others that the Heller case, the gentleman’s the District of Columbia city council is SEC. 9. REMOVE CRIMINAL PENALTIES FOR CAR- amendment touches on more than just RYING A FIREARM IN ONE’S DWELL- unwilling to comply with the Supreme the issue of gun ownership in the home ING OR OTHER PREMISES. Court’s Heller decision. for purposes of self-defense. (a) IN GENERAL.—Section 4(a) of the Act of On multiple fronts, the Firearms The amendment would allow the un- July 8, 1932 (47 Stat. 651; sec. 22–4504(a), D.C. Emergency Amendment Act of 2008, fettered transport of guns and/or fire- Official Code) is amended— which was passed following the Heller arms and the possession of guns in (1) in the matter before paragraph (1), by decision, continues to infringe on sec- businesses, and as written, the amend- striking ‘‘a pistol,’’ and inserting the fol- ment only says businesses and nothing lowing: ‘‘except in his dwelling house or ond amendment rights. Specifically, place of business or on other land possessed the D.C. city council’s definition of about businesses in which property is by that person, whether loaded or unloaded, machine guns groups together the ma- owned. a firearm,’’; and jority of semi-automatic handguns, And what is even more disturbing (2) by striking ‘‘except that:’’ and all that most used for self-protection purposes, about the amendment is that it strips follows through ‘‘(2) If the violation’’ and in- which effectively bans their possession the District of Columbia from issuing serting ‘‘except that if the violation’’. in the District. or enacting any rule, law, or regulation (b) CONFORMING AMENDMENT.—Section 5 of Secondly, the ballistics identifica- dealing with homeownership. Nowhere such Act (47 Stat. 651; sec. 22–4505, D.C. Offi- tion procedure is an overburdensome in the case was such an order or action cial Code) is amended— addressed or even mentioned in the (1) by striking ‘‘pistol’’ each place it ap- and lengthy registration requirement that improperly denies the right of Heller Supreme Court decision as writ- pears and inserting ‘‘firearm’’; and ten by Justice Scalia. In fact, it is my (2) by striking ‘‘pistols’’ each place it ap- D.C. citizens, law-abiding citizens I pears and inserting ‘‘firearms’’. might add, to immediately possess a understanding that the decision clearly stated that a range of gun regulations SEC. 10. AUTHORIZING PURCHASES OF FIRE- firearm in their household. are presumptively lawful. However, the ARMS BY DISTRICT RESIDENTS. Finally, the continued insistence of gentleman’s amendment fails to take Section 922 of title 18, United States Code, having to keep a firearm unloaded, is amended in paragraph (b)(3) by inserting that part of the Court’s ruling into stored or trigger-locked is not accept- after ‘‘other than a State in which the li- consideration. censee’s place of business is located’’ the fol- able to affording a right of self-defense When the Court overturned the Dis- lowing: ‘‘, or to the sale or delivery of a within an individual household. trict’s long-standing gun laws, in order handgun to a resident of the District of Co- In summary, I would compare my not to infringe upon the second amend- lumbia by a licensee whose place of business substitute amendment to words writ- ment rights of District residents, it set is located in Maryland or Virginia,’’. ten in the majority opinion by the Su- in motion a process that would require The CHAIRMAN. Pursuant to House preme Court in the Heller case that re- the District Government to rewrite the Resolution 1434, the gentleman from flect my sole intention of granting self- laws and not the United States Con- Mississippi (Mr. CHILDERS) and a Mem- protection rights for law-abiding citi- gress or the House of Representatives. ber opposed each will control 30 min- zens. This would be the case in Tupelo, Mis- utes. The Court stated that their decision sissippi. Therefore, the elected officials The Chair recognizes the gentleman should not be taken to cast doubt on of the District of Columbia should have from Mississippi. long-standing prohibitions on the pos- an opportunity to develop permanent Mr. CHILDERS. Mr. Chairman, I session of firearms by felons and the legislation to bring the city into com- yield myself as much time as I may mentally ill or law forbidding the car- pliance with the Heller ruling. consume. rying of firearms in sensitive places If I may, Mr. Chairman, let me point Mr. Chairman, I’m pleased to be here such as schools and government build- out just what the amendment before us this evening in support of my sub- ings. does. For starters, it would eliminate stitute amendment to H.R. 6842. I came to Congress to serve and pro- any form of gun registration which I want to start out by saying that I tect the ideals laid out by our Nation’s would prevent the city’s police depart- in no way promote increased violence Founding Fathers. As I stated above, I ment from knowing who owns what inside the District of Columbia, nor do have no intention of directly circum- type of gun or firearm.

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00145 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.005 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 19329 Secondly, the language is written so provided important guidance that with the Supreme Court’s decision in broadly that it would permit individ- would allow local governments to craft Heller. The D.C. Council will retain au- uals to carry assault rifles openly in sensible, responsible measures designed thority to restrict firearms so long as public and on D.C. streets. to keep firearms out of the hands of those restrictions do not improperly Lastly, I’d also like to point out that criminals, the mentally ill, and those burden the second amendment rights of the amendment creates a gun show who pose a threat to the public safety. D.C. residents. loophole that will allow D.C. residents That remains the truth today and to- Some of the opponents of Congress- to avoid background checks when pur- night. The D.C. council reacted to this man CHILDERS’ amendment have chasing weapons from private individ- historical ruling not by enacting sen- claimed that this legislation will lead uals and at gun shows without back- sible regulations but, instead, passed to more guns ending up in the hands of ground checks. emergency legislation that continues criminals or even terrorists. What While Members from both sides of the to bar law-abiding citizens, residents of hooey. The only people in D.C. that can aisle agree on the importance of pre- the District of Columbia, from mean- own a firearm for almost all intents serving individual rights, we must also ingful access to the firearms within the and purposes are criminals. Law-abid- recognize that we live in perilous second amendment. ing citizens have enormous burdens in times, and with lone-wolf terrorists I’m happy to hear that the D.C. coun- achieving ownership of a firearm. And and copycat shootings on the rise, flat cil and the mayor have now proposed so we have, in the District of Columbia, out ignoring the homeland security in- changes to D.C. gun laws that will a well-armed group of thugs armed to terests of the District of Columbia and begin to bring the District into compli- the teeth, preying upon law-abiding the Federal Government is downright ance with the Supreme Court decision. citizens at their whim with firearms reckless and risky. I commend them for it. It came, regret- which they may have. But yet, this is exactly what this tably, too late. These efforts do not, The CHAIRMAN. The time of the amendment has the potential to do, if however, preclude us from acting upon gentleman has expired. adopted. As stated earlier, the District the amendment offered by the distin- Mr. CHILDERS. Mr. Chairman, I has already begun to revamp its laws, guished gentleman from Mississippi, yield another 30 seconds. and in the coming months, we will and again, I commend him for his lead- Mr. DINGELL. I thank the gen- have an opportunity to review the ership in this matter. tleman. newly adopted gun ownership laws When the D.C. council’s proposals, if The legislation is simply going to put under our already well-established con- they are carried forward as they say D.C. residents in a position where they gressional review authority. they intend to, are there, they, to- have their rights under the second I ask my colleagues to recognize and gether with the legislation that we are amendment. respect this fact and to join me in op- enacting tonight with the Childers I urge my colleagues to support this posing this amendment. amendment, will protect the rights of amendment. It is a sensible, proper Mr. Chairman, I reserve the balance the citizens of the District of Columbia amendment. It is a sensible, proper ex- of my time. under the second amendment, but they ercise of the power of the Congress Mr. CHILDERS. Mr. Chairman, I also will assure that the District of Co- under the Constitution. And it is a sen- yield 5 minutes to the distinguished lumbia has the reasonable power to sible and proper protection of the gentleman from Michigan, and I be- control improper use of firearms. rights of American citizens. lieve to be the longest-serving Member The legislation only does four things. I urge the adoption of the amend- in this great body, Mr. DINGELL. First, it overturns existing D.C. gun ment. And I commend the distin- Mr. DINGELL. Mr. Chairman, I rise laws banning semi-automatic weapons, guished gentleman from Mississippi for to salute the offerer of the amendment. including the types of guns most com- his important leadership in this very The gentleman from Mississippi has monly used for self-defense, something important constitutional question. shown extraordinary leadership, cour- which the Supreme Court said was pro- Mr. DAVIS of Illinois. Mr. Chairman, age, and ability, and the body owes him tected by the second amendment. I am pleased to yield 3 minutes to the a thanks for his efforts in this matter. Secondly, it overturns D.C. law re- gentlelady from Maryland, Representa- I also rise to thank the leadership for quiring residents to keep their firearms tive DONNA EDWARDS. putting this legislation on the floor. locked and inoperable until the very Ms. EDWARDS of Maryland. Mr. The amendment offered by the gen- moment that they are attacked. What Chairman, I rise again in strong oppo- tleman from Mississippi is a common- a silly proposal, a proposal that re- sition to this substitute. sense, bipartisan proposal that will im- quires a person to rush to the cabinet Why does this body believe it has the plement the historic Heller decision to unlock it, to get a firearm, to load right to force Maryland, my State, a enacted by the Supreme Court, and it it, so that they can protect themselves sovereign State, to bear the cost and will restore and protect second amend- against thugs, bandits, murderers or work to register D.C. firearms under ment rights of the residents of the Dis- rapists. this substitute? Our State is already trict of Columbia and elsewhere. Third, it gives the D.C. residents a facing significant shortfalls. And the The Congress acts tonight under its reasonable ability to purchase a fire- proponents of this substitute are not plenary power over the District of Co- arm in Maryland or Virginia, a neces- planning to reimburse Maryland tax- lumbia, and one of its actions tonight sity because only one federally licensed payers—I haven’t heard that coming are to assure the protections of the sec- firearms dealer exists in Washington, from Mississippi or from Indiana. ond amendment of the Constitution. D.C. This matter is properly already We’ve heard much falsehood and misunder the jurisdiction of local elected understanding pronounced in the press b 2345 officials in the District of Columbia. and tonight in the discussion about And he operates without a facility And I do respect and the people of what it is going to do. The Supreme that is open to the public. Maryland respect the right of the peo- Court found that the District of Colum- Fourth, the legislation removes ple of the District of Columbia and bia’s ban on handguns was a violation lengthy and burdensome registration their elected officials to make deci- of the second amendment, and it based procedures malevolently put in place sions for themselves and to comply that finding on a decision that the sec- by the D.C. City Council to ensure that with the courts of this land. So why are ond amendment grants each individual citizens would not be able to access the Members of this body unwilling to the right to own a firearm for self-de- firearms in a lawful, legal, and proper let the legislature and the courts do fense. fashion. their job? Like a majority of the Members of This legislation does not preclude the Our great and sovereign State of this body, I supported the decision, and Council from in any way enacting sen- Maryland has regulations in place that I pointed out that the Court’s ruling sible firearms regulations that comply work for our citizens. We’re not trying

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00146 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.005 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19330 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 September 16, 2008 to regulate D.C. guns; we’re not trying party, and said we want to broker an ment, to the Federal presence that this to regulate Virginia guns or Mississippi agreement. We had Members on our bill brings, the high risk in government guns or Indiana guns. That’s not our side, in our leadership, agreeing that to Members of Congress every day job in Maryland. We respect your sov- we will be willing to negotiate. And we when they come here. Yes, you think ereignty and you should respect ours had a Democrat leadership willing to you are endangered? Well, boy, would by not imposing unfunded mandates on sit down and work it out even though you have really been at risk if this bill our taxpayers or creating additional the majority of their party doesn’t were to get through both Houses. burdens for our State troopers whose agree with this, and obviously many of With the help of three police chiefs job it is to process firearm applica- them are passionately upset. with jurisdiction in this region, all tions. So tonight is a historic debate. To- three came to show that the bill that With this substitute, you are de- morrow will be a historic vote: Will the you brokered would have allowed car- manding that our State troopers dou- will of the House be allowed to work its rying semi-automatic handguns in this ble the size of our enforcement units, will as it did on campaign finance re- city—by children, sir, and by adults, integrate with D.C. databases, criminal form? And I thank the gentleman from thank you very much—well, that was and mental health databases and other Mississippi for his leadership. even too much for the NRA, so they databases that currently do not comply Mr. DAVIS of Illinois. Mr. Chairman, changed it. with Maryland’s system, and all of this I now yield 5 minutes to the gentle- When the chiefs testified that in an within a 7-day period so that we can woman from the District of Columbia, inauguration parade we can’t protect comply with our own law in our State. Delegate ELEANOR HOLMES NORTON. the Federal presence, one had to won- For a group of people who often cry Ms. NORTON. I thank the gentleman der what kind of brokering of bills you foul on States’ rights and on unfunded for yielding. And I particularly thank folks do. Don’t you read what you mandates, you sure haven’t had a prob- the gentleman and the chairman of the broker? Don’t you read what the NRA lem at all in offering this substitute to full committee, Mr. WAXMAN, for your tells you to pass? impose exactly those same burdens on time and effort that you put into Wax- The danger of the bill that we now the State of Maryland and on Virginia. man-Norton, and yes, into defeating have is almost as great. Oh, no, you Mr. CHILDERS. I yield 3 minutes to the substitute before us now. can’t carry a gun in public anymore, as the gentleman from Indiana (Mr. This substitute stoops very, very low a child could and as an adult could, but you can possess a semi-automatic AK– SOUDER). to conquer. The Congress is known for Mr. SOUDER. I thank the gentleman its low blows against the District of 47, sir. You can possess a Bushmaster from Mississippi. And I also want to Columbia, but this is the first time XM–15, which 6 years ago the sniper, thank the dean of the House, Chairman that in shooting the District of Colum- the D.C. sniper used in the States of Virginia, Maryland and D.C. Semi- DINGELL, who has been a hero to gun bia in the back—which has become rou- owners all over America for many tine—that in over 200 years, never be- automatics, that’s in your bill; that’s years, for his willingness to stand up. fore, but tonight you are shooting pro- still in your bill. Just back from unveiling the memo- And I want to thank our new freshman tections for the entire Federal presence rial benches at the 9/11 ceremony, just Member, Mr. CHILDERS, and those who that this House is sworn to protect, be- back from a ceremony after the Na- are standing with him, because this is, ginning with the President of the tional Capital region was targeted— indeed, a historic night. And unless United States and going to every Fed- and still is—7 years ago, you had just you’re a Member of Congress or some- eral employee working in a Cabinet dried your tears and now you come and body who is kind of a political junkie, agency. And the House has the gall to ask us to vote for a substitute. it’s hard to figure out exactly what’s ask for a vote to nullify the gun laws The CHAIRMAN. The time of the happening tonight. in my district, depriving my district of gentlewoman has expired. In fact, a discharge petition is some- the right to protect itself and visitors Mr. DAVIS of Illinois. I yield 1 addi- thing that, when you sign it, basically like yourselves, while denying me a tional minute to the gentlelady. would turn the House over to the other vote on this floor on passage? Have you Ms. NORTON. You now ask us to vote party. And if you’re willing to stand up no shame? Is no principle invalid? on a substitute mandating in the Na- to your own party, you could force a The sponsors of the substitute have tion’s capital one of the most permis- vote. I know this because, when we consistently singled out two sections of sive gun laws in the country, no reg- first became in the majority, I was one the old D.C. law because otherwise this istration of gun laws, no way for the who was often pulled into a side room, would look crazier than it already police to know who has a gun or to threatened that by bringing down a does. The section, for example, they trace guns used in committing a crime. rule or other things that I was going to temporarily left in place while they Mandates. Gun show loophole. Li- destroy the party. In fact, sometimes worked on new legislation, as the Su- censed dealers must do a criminal it’s your only way to force things. preme Court asked them to, new legis- background check, but private individ- There is a certain number of votes that lation which has now been signed into uals don’t have to. And we exempt gun are allowed on each side to let a bill go law, left in place the trigger lock sec- shows. You can have gun shows in the through. tion. But whoever would have left that Nation’s capital, perfectly legal. D.C. But what we’re seeing tonight was in place—after all, it was one of the few can’t close any of these loopholes be- the courage of some Members on the issues singled out in the Supreme cause you Federalize gun laws, you majority side to stand up and say, Court decision, and you know it. And leave us with a bare bill. look, we want a bill. And as these nego- they knew it. But they had to do the The police can’t issue any regula- tiations move forward, it came to me, necessary investigation. They had to tions. You allow the stockpiling of as- as the Republican author, along with know what other jurisdictions did. And sault weapons. You allow gun running Mr. ROSS, of the bill to overturn this, they knew that handguns had to be de- between Maryland, Virginia and the of, will you accept somewhat less than fined as semi-automatics because those District. You allow people, voluntarily the whole, but a bill that actually has are the most commonly used handguns committed to a mental institution, to a chance to be law. today. But they had to have time to do get out and the next day they can own Now, as a Republican, I could have it. Now they’ve done it. a gun even while John Hinkley is still said, you know, I think we’ll let them Those changes were inevitable, you institutionalized at St. Elizabeth’s fight and we’ll go into the election knew they were inevitable. They’ve oc- Hospital for an attempt on the life of with no bill, with no vote in the House, curred. And here you are, a day late President Reagan. and put those who are so-called Blue and a dollar short, looking very fool- The CHAIRMAN. The time of the Dogs in a real spot. But that isn’t the ish. Only because of the Waxman hear- gentlewoman has expired. way we should legislate. We have Mem- ings were we able to expose the high Mr. DAVIS of Illinois. I yield the bers who stood up, even in their own risk and danger to the Federal Govern- gentlewoman an additional 30 seconds.

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00147 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.005 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 19331 Ms. NORTON. You allow children to to bear arms legally. The District has second amendment or by the Supreme own AK–47s. You allow this in the Na- failed to implement that decision, and Court decision in the Heller case. Let tion’s capital. No age limit whatsoever therefore, we are here tonight. me just walk through it. on owning a gun. This Childers substitute does nothing One provision removes the District’s This isn’t Mississippi, sir. You have more nor nothing less than implement longstanding ban on semiautomatic as- just been elected to Congress; you bet- the bare minimum that the Supreme sault rifles and pistols. Well, there is ter understand where you are. This is a Court said was the law of the land. nothing in the second amendment that big city. You have squandered critical Whether you like it or not, that is the guarantees an individual’s right to time with the House while the econ- law of the land when the Supreme high-powered military assault rifles ca- omy is falling down behind you, Wall Court decides a justiciable issue. pable of firing more than 30 rounds Street is collapsing. Why? Because the This legislation, the Childers sub- without reloading. There is certainly NRA told you to do so. stitute, does not in any way limit the nothing in the Heller case that says I’ve been to the Senate, too. There’s authority of the District or the ability that. Evidently, the people who are of- another House. And you know what I of independent authorities in the Dis- fering this substitute don’t like the know. trict to restrict firearm possession. It fact that the D.C. Government agreed Mr. CHILDERS. I would ask the does not repeal the D.C. law banning a with that provision, but they said that speaker to direct her remarks to the person from the possession of ammuni- they would limit it to 10 rounds. Well, Chair. tion. It does not amend the D.C. defini- there is nothing in the Constitution The CHAIRMAN. The time of the tion of ‘‘restricted pistol bullets.’’ It that says it has to be 30 or more. gentlewoman has expired. does not repeal the D.C. law providing One provision of this substitute re- Mr. DAVIS of Illinois. I yield 30 addi- for strict liability for handgun manu- moves the District’s longstanding pro- tional seconds to the gentlewoman. facturers. vision for a registration system, which includes D.C.’s required background ANNOUNCEMENT BY THE CHAIRMAN Quite frankly, many of us live in the checks before someone can buy a gun. The CHAIRMAN. The Member should District for most of the year now be- Well, there is nothing in the second direct her remarks to the Chair and cause of our job requirements. I don’t amendment that says individuals have not to an individual. want to impose on the District, but I a right not to register their guns. Yet Ms. NORTON. You know that this do say this: the substitute would wipe out that D.C. substitute is going to be strangled with The District, just like people all over law. a thousand holes, and still you march the rest of America, has to implement legislation when the Supreme Court Now, it was said by one of the advo- in salute to the NRA. cates of this substitute that this is a I say to the cosponsors, watch what speaks. That’s why we’re here, not because we asked for this. I, quite frank- burdensome requirement for registra- you vote for. If you analyze this bill, tion that was put malevolently in place this substitute, step by step, you can ly, enjoy living in the District and enjoy having the District make the by the District of Columbia. Well, I think of half a dozen bills of major im- want you all to know that it was also portance. Well, they can stick up the laws that we live under here, but like no other citizen, the District is no dif- put in place by California, Connecticut, Democrats and make us sue for peace. Maryland, New Jersey, Michigan, Chi- Watch the precedent you set. Watch ferent in that they cannot ignore the law of the land even if they disagree cago, Cleveland, New York City, and what you vote for tomorrow. Defeat Omaha, and I don’t think that any of with it as cannot the citizens of my the substitute. Vote for Waxman-Nor- those jurisdictions are violating the ton. State or of any other State. Mr. DAVIS of Illinois. Mr. Chairman, second amendment to the Constitution. Another provision in this substitute b 0000 I’m pleased to yield 4 minutes to the would take away the ability of the Dis- Mr. CHILDERS. Mr. Chairman, I chairman of the Committee on Over- trict of Columbia’s law enforcement would yield 3 minutes to the gentleman sight and Government Reform, Rep- authorities, through their registration from Tennessee (Mr. TANNER). resentative HENRY AXMAN W . system, to trace guns used in crimes. It Mr. TANNER. I thank the gentleman. Mr. WAXMAN. Mr. Chairman and my helps them figure out who bought the We’re here tonight, not because we’ve colleagues, the Supreme Court ruled in guns, who transferred them, how they asked for a vote but because the Su- the Heller case that the District of Co- got into the hands of the criminal or preme Court, in a recent decision, lumbia could not ban handguns. They terrorist. That’s not in violation of the changed the law of the land or at least said that would violate the second second amendment, and yet this sub- clarified what the law of the land is amendment. The Supreme Court said stitute would repeal it. with respect to the second amendment. every individual has a right to own a This amendment would allow people It could be about almost any subject. handgun. That’s now the law of the to obtain firearms without criminal We routinely come here after the Su- land. The District of Columbia has fi- background checks. I don’t know why preme Court decides what the law of nalized its revision of its laws just they think the second amendment re- the land is on a justiciable issue, and today, and I defy any Member of this quires that, because it does not. we enact, implementing legislation body to say that the District of Colum- This amendment goes far beyond the whether its on people in Tennessee or bia has failed to comply with the sec- Heller case. It goes far beyond the sec- in Mississippi or in Oregon or in Wash- ond amendment to the Constitution ond amendment to the Constitution. It ington State or in the District of Co- under the Heller decision. I think that is gratuitously rewriting the law of the lumbia. That’s done routinely over and the District of Columbia has complied District of Columbia. It is not our job over again. The subject happens to be with that law. I know we’ve heard from to rewrite a law passed by the people the second amendment in this most re- Members of Congress that D.C. is un- elected in the District of Columbia if cent Supreme Court decision. It could willing to comply and that they’re un- that law complies with the Constitu- be about anything. willing to live by the law of the land. tion of the United States. Nobody disputes the fact that the Well, let us examine that D.C. law I urge that we reject the substitute District of Columbia has every right to more carefully. Since it only was fi- amendment. make its own laws. What we do dispute nally enacted today, I would suggest Mr. CHILDERS. Mr. Chairman, I is that the District of Columbia does that when this bill goes to the other would yield 3 minutes to the gentleman not have the right, nor does any other body that they hold this bill up and re- from Arkansas (Mr. ROSS). American citizen, to ignore the law of view that D.C. law. Mr. ROSS. Mr. Chairman, I rise in the land. The law of the land, as enun- The District of Columbia is not obli- support of the Childers amendment to ciated in a recent Supreme Court deci- gated to do all of the things that are in H.R. 6842. sion, whether one agrees or disagrees, this substitute. In fact, not one single Tonight is a historic night. The grants to individual citizens the right provision of H.R. 6691 is required by the American people are sick and tired of

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00148 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.005 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19332 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 September 16, 2008 all of the partisan bickering that goes vacy of your own home until you are in Included in those are 10 amendments on up in Washington. Time after time, imminent danger. In other words, we often called the Bill of Rights. The bills come to the floor, and they pass you’ve got to wait until someone is in- first one, a lot of us talk about, our or fail on a straight party line vote. side your home and then say, ‘‘Mr. In- ability to have religious freedom. In Tonight, a bill is going to be defeated truder, would you please respectfully the South, where I am from, that is by Democrats and Republicans coming wait while I assemble my gun.’’ something that we treasure. Our free- together, and an amendment is going The CHAIRMAN. The time of the dom of speech is included in number to pass because of Democrats and Re- gentleman has expired. one. And number two is the right to publicans coming together. That, in Mr. CHILDERS. I yield the gen- bear arms. my opinion, is long overdue. tleman an additional 30 seconds. Now, I know we don’t live on the Mr. Chairman, when I raised my Mr. ROSS. That makes no sense ei- frontier anymore, but if you can imag- right hand and took the oath of office, ther. ine a farmer or someone moving his I swore that I would uphold the Con- Then, finally, the Supreme Court family into the wilderness in Ten- stitution of the United States of Amer- said you can have a gun in D.C., but nessee, or as we moved westward, one ica. That includes amendment No. 2. they don’t sell guns in D.C. Guess of the things that you would find with Mr. Chairman, I could not be more what? The D.C. city council said you them, pieces of equipment, more than proud of the gentleman from Mis- can’t transport a gun from Maryland or just the farm equipment, was generally sissippi (Mr. CHILDERS). He may be a Virginia into D.C. Therefore, that a muzzleloader, that would hang on new Member of Congress, but he cer- means you can still no longer have a many cases on the beam that supported tainly knows where he is, and he knows gun in D.C. the loft in the cabin in which the fam- why he’s here—to defend the Constitu- We’re not giving Washington, D.C. ily would live. It was there for protection of the United States of America. any more or any less than what most tion. We can’t cherry pick. We took the oath citizens in this country enjoy today When he would go into the fields to to defend the entire Constitution, in- under the second amendment. That is farm, he would also take his muzzle- cluding the second amendment. the ability of law-abiding citizens to loader with him, oftentimes leaning it Back home in Arkansas, there’s a responsibly own guns and to have them upon a stump or a tree, where it would bumper sticker that says, ‘‘When you assembled, if they so choose, in the pri- be for protection from wildlife or wild outlaw guns, only outlaws will have vacy of their own homes. We provide animals or from those who might be in- guns.’’ Quite frankly, I don’t believe Washington, D.C. in this substitute tending to do harm to his family or it’s a coincidence that Washington, amendment the same definition as himself. D.C. has a high crime rate, a rate most of the rest of the country has as The second amendment gives us that where guns can only be found with the it relates to machine guns. right to protect our homes and our outlaws and not with responsible, law- I urge support of the amendment and family, whether it is in Pall Mall, Ten- abiding citizens. a vote against the bill in support of our nessee, where I am from, are whether it In June of this year, the U.S. Su- Nation’s second amendment rights. is right here in Washington, D.C. We preme Court struck down D.C.’s ban on Mr. DAVIS of Illinois. Mr. Chairman, can’t suspend the Constitution depend- handguns and operable firearms for I yield myself 30 seconds. ing on where we live. self-defense within the home as in the Much of the discussion is about crime We had a huge argument over what is case of D.C. versus Heller. Mr. SOUDER and crime prevention and protection. called the Foreign Intelligence Surveil- and I had a bill to address this issue. We sound as though people are invad- lance Act, about whether or not our in- We thought we would no longer need to ing people’s homes and are murdering dividual rights were about to be jeop- raise the issue after the Supreme Court them and are attacking them. Much of ardized. In fact, many of us argued on ruling, but that was before we learned the murder that I read about and that this floor that there are certain con- that the District responded by passing I hear about is really from drive-by stitutional guarantees that guarantee an emergency bill that failed to com- shootings. It’s really by individuals our liberty and our freedom from op- ply with the Supreme Court’s ruling. In with semiautomatics who are engaged pression and from an oppressive and in- fact, they snubbed their nose at the Su- in turf battles over drugs, who are kill- trusive government. In fact, that is not preme Court. ing each other. They’re not by people just for Washington, D.C., and it was The Childers substitute amendment who are necessarily invading homes. just not for Pall Mall, Tennessee. It is remedies this by enforcing the Su- They’re by people who have access to for all of us who live in this Nation. So, preme Court’s Heller decision and by these high-powered guns, people who for me, we cannot cherry pick and pick preventing the District of Columbia’s are killing each other on the streets. and choose what that Constitution government from restricting the sec- I reserve the balance of my time. guarantees us. ond amendment rights of its citizens. Mr. CHILDERS. Mr. Chairman, may I To me, I applaud the efforts of the This should be very important to every inquire as to the time remaining? gentleman from Mississippi to offer the one of us who is a Member of Congress The CHAIRMAN. The gentleman substitute amendment that I believe because, folks, Mr. Chairman, if our from Mississippi has 101⁄2 minutes re- will give individuals who live in Wash- Nation’s capital can pass gun control, maining. The gentleman from Illinois ington, D.C. the same opportunity to our hometowns all across America has 13 minutes remaining. defend their sons and their daughters, could be next. That’s why I’m against Mr. CHILDERS. Mr. Chairman, I rec- their husband or their wife, and the this bill and why I am for the amend- ognize the gentleman from Tennessee home that they own from those who ment. I’m proud to stand here as a pro (Mr. LINCOLN DAVIS) for 4 minutes. would do harm or be intrusive in their gun Democrat. homes. What did the Washington, D.C. city b 0015 Mr. DAVIS of Illinois. Mr. Chairman, council do that was so bad and that Mr. LINCOLN DAVIS of Tennessee. I reserve the balance of my time. makes no sense in snubbing their nose Mr. Chairman, it is good to be here to Mr. CHILDERS. Mr. Chairman, I at the Supreme Court? discuss what I believe is the foundation yield 2 minutes to the gentleman from Number one, they defined ‘‘machine of our society and America, our Con- Pennsylvania (Mr. ALTMIRE). guns’’ to include all semiautomatic stitution. Mr. ALTMIRE. Mr. Chairman, I guns. Nearly every gun in America In 1787, the articles were proposed thank the gentleman. today is a semiautomatic gun. We duck that ultimately became the foundation When the D.C. City Council decided hunt with semiautomatic guns. Pistols for our Constitution. In 1789, 12 amend- to ignore a ruling from the United are semiautomatics. ments were offered, of which only 10 States Supreme Court and when the They also said that any gun that you were approved immediately, or pretty District of Columbia decided to play own must be unassembled in the pri- well immediately, by 1791. games with the Constitution of the

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00149 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.005 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 19333 United States, it was they that brought Mr. CHILDERS. Mr. Chairman, in can be found in the Waxman-Norton us to the point where we are today, closing, let me just simply say to my bill, and that this amendment, the where congressional intervention is distinguished colleagues Mr. DAVIS Childers amendment, unfortunately necessary to uphold the rights of Wash- from Illinois and all those who have strips that bill of its impact. For that ington, D.C. citizens under the second spoken not only for my amendment, reason, I would urge that we reject the amendment to the Constitution. but to those also who have spoken Childers amendment vote for the Nor- As a signatory of the amicus brief against my amendment, I have nothing ton-Waxman bill. urging the Supreme Court to overturn but the greatest of respect for all of Mr. Chairman, I yield back the bal- the unconstitutional gun ban, I was you. I have nothing but the greatest re- ance of my time. outraged at the D.C. Council’s new gun spect for this wonderful institution The CHAIRMAN. The question is on restrictions. So I joined with Mr. which I am so proud to be a part of. the amendment offered by the gen- CHILDERS of Mississippi to help craft Mr. Chairman, there is no hidden tleman from Mississippi (Mr. the Second Amendment Enforcement agenda here. The intent of my amend- CHILDERS). Act, which is the text of the amendment offered in the form of a sub- The question was taken; and the ment we are debating here tonight. stitute is simply to give the law-abid- Chairman announced that the noes ap- This bill repeals D.C.’s gun ban and ing citizens of the District of Columbia peared to have it. permits law-abiding gun owners the the same rights and freedoms that all Mr. CHILDERS. Mr. Chairman, I de- right to keep their firearms in ways Americans share, from coast to coast mand a recorded vote. that will ensure their availability and and all over this great land. The CHAIRMAN. Pursuant to clause use for self-defense. This amendment I appreciate the spirited debate. I 6 of rule XVIII, further proceedings on ensures that the intent of the Supreme certainly hope that I have been re- the amendment offered by the gen- Court and of the second amendment spectful of all of my colleagues. It cer- tleman from Mississippi will be post- are upheld for all citizens, including tainly was my intent. In closing, I poned. those who live in the District of Co- would like to ask for a recorded vote, Mr. DAVIS of Illinois. Mr. Chairman, lumbia. and I understand that will be in the I move that the Committee do now Mr. CHILDERS. Mr. Chairman, I morning, and I would urge passage of rise. yield 1 minute to the gentleman from my amendment. The motion was agreed to. Mr. Chairman, I yield back my time. Indiana (Mr. SOUDER). Accordingly, the Committee rose; Mr. DAVIS of Illinois. Mr. Chairman, Mr. SOUDER. I thank the gentleman I yield myself the balance of my time. and the Speaker pro tempore (Mr. from Mississippi. Mr. Chairman, I want to certainly ac- ALTMIRE) having assumed the chair, I wanted to clarify for those watch- knowledge the not only newness of the Mr. WILSON of Ohio, Chairman of the ing the debate and for the CONGRES- gentleman from Mississippi, but also Committee of the Whole House on the SIONAL RECORD that the one hearing we his demeanor, his debate and his intro- state of the Union, reported that that did have, there were four witnesses. duction of legislation. It occurred to Committee, having had under consider- Three of them were Federal witnesses, me though if we were in West Point, ation the bill (H.R. 6842) to require the and Mr. ISSA asked each one of them Mississippi, or if we were in Fort District of Columbia to revise its laws whether the bill that this amendment Wayne, Indiana, or if we were in West- regarding the use and possession of is amending had any impact on them. ern Pennsylvania telling the people in firearms as necessary to comply with All of them said no. They were never those communities what we thought the requirements of the decision of the asked another question during the they ought to be doing or the way in Supreme Court in the case of District hearing, because they weren’t relevant which we felt they had to be in compli- of Columbia v. Heller, in a manner that to the hearing. ance with the Supreme Court as they protects the security interests of the The fourth witness was the police were wrestling with those decisions Federal government and the people chief of Washington, D.C., and she did themselves, they probably would say who work in, reside in, or visit the Dis- have an opinion and doesn’t agree, ob- that we were unwelcome. trict of Columbia and does not under- viously, with this amendment. But she I think that the people of the Dis- mine the efforts of law enforcement, is a political appointee of the mayor, trict of Columbia would say that this homeland security, and military offi- and while it may be her personal view, amendment is unwelcome, that it fur- cials to protect the Nation’s capital if she held a view different from the ther takes away their right to self-gov- from crime and terrorism, had come to mayor or city council, she would have ernance. Here they are, they don’t have no resolution thereon. been removed. a representative in Congress with a f So it was somewhat inaccurate to vote. Now we are saying that your City ANNOUNCEMENT BY THE SPEAKER present that at our hearing, that some- Council and your representatives on PRO TEMPORE how the witnesses all felt that there the City Council can’t decide the way was this imminent danger in the Fed- in which you would be in compliance The SPEAKER pro tempore. Without eral sector, because all three of them with the highest court in our land. objection, 5-minute Special Orders are said the bill had nothing to do whatso- Let me just mention that a previous entered in favor of the gentleman from ever with their positions. speaker said that the District passed a South Carolina (Mr. SPRATT) and the Mr. DAVIS of Illinois. Mr. Chairman, law prohibiting District residents from gentleman from New Jersey (Mr. I continue to reserve. I understand that bringing in weapons from across State HOLT), each with customary leave to Mr. CHILDERS is ready to close. lines. That was incorrect. In fact, Con- insert. PARLIAMENTARY INQUIRY gress passed this law, not the District There was no objection. Mr. SOUDER. Parliamentary in- of Columbia. But this amendment f quiry, Mr. Chairman. would remove this restriction. The CHAIRMAN. Does the gentleman So I think Members should under- A REVISION TO THE BUDGET AL- yield for a parliamentary inquiry? stand that this is the first step in the LOCATIONS AND AGGREGATES Mr. CHILDERS. I would yield to the NRA’s plan to repeal Federal gun con- FOR CERTAIN HOUSE COMMIT- gentleman. trol laws, not just in the District of Co- TEES FOR FISCAL YEARS 2008 Mr. SOUDER. Does the gentleman lumbia. But I think it is a matter of AND 2009 AND THE PERIOD OF from Mississippi have the right to using the District of Columbia to work FISCAL YEARS 2009 THROUGH close? one’s will for other parts of the coun- 2013 The CHAIRMAN. No, the gentleman try and to work a national will using The SPEAKER pro tempore. Under a from Illinois, as a manager controlling the people of the District of Columbia. previous order of the House, the gen- time in opposition to the amendment, I think the protections that are need- tleman from South Carolina (Mr. is entitled to close debate thereon. ed and the compliance that is needed SPRATT) is recognized for 5 minutes.

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00150 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.005 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19334 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 September 16, 2008 Mr. SPRATT. Madam Speaker, under sec- Under section 323 of S. Con. Res. 70, this BUDGET AGGREGATES—Continued tion 205 of S. Con. Res. 70, the Concurrent adjustment to the budget allocations and ag- [On-budget amounts, in millions of dollars] Resolution on the Budget for fiscal year 2009, gregates applies while the measure is under Fiscal Year Fiscal Year Fiscal Years I hereby submit for printing in the CONGRES- consideration. The adjustments will take effect 2008 1 2009 12 2009–2013 upon enactment of the measure. For purposes SIONAL RECORD a revision to the budget allo- of the Congressional Budget Act of 1974, as Change in the Comprehensive cations and aggregates for certain House American Energy Security amended, a revised allocation made under and Consumer Protection committees for fiscal years 2008 and 2009 Act (H.R. 6899): section 323 of S. Con. Res. 70 is to be con- Budget Authority ...... 0 ¥4,528 n.a. and the period of fiscal years 2009 through sidered as an allocation included in the resolu- Outlays ...... 0 ¥4,528 n.a. 2013. This revision represents an adjustment tion. Revenues ...... 0 ¥2,348 818 Revised Aggregates: to certain House committee budget allocations Budget Authority ...... 2,456,198 2,458,016 n.a. and aggregates for the purposes of sections BUDGET AGGREGATES Outlays ...... 2,437,784 2,492,794 n.a. Revenues ...... 1,875,401 2,027,305 11,781,081 302 and 311 of the Congressional Budget Act [On-budget amounts, in millions of dollars] n.a. = Not applicable because annual appropriations Acts for fiscal years of 1974, as amended, and in response to con- Fiscal Year Fiscal Year Fiscal Years 2010 through 2013 will not be considered until future sessions of Congress. sideration of the bill H.R. 6899, Comprehen- 2008 1 2009 12 2009–2013 1 Current aggregates do not include spending covered by section 301 (b)(1) (overseas deployments and related activities). The section has not sive American Energy Security and Consumer Current Aggregates: been triggered to date in Appropriations action. Budget Authority ...... 2,456,198 2,462,544 n.a. 2 Current aggregates do not include Corps of Engineers emergency spend- Protection Act. Corresponding tables are at- Outlays ...... 2,437,784 2,497,322 n.a. ing assumed in the budget resolution, which will not be included in current tached. Revenues ...... 1,875,401 2,029,653 11,780,263 level due to its emergency designation (section 301(b)(2). DIRECT SPENDING LEGISLATION—AUTHORIZING COMMITTEE 302(a) ALLOCATIONS FOR RESOLUTION CHANGES [Fiscal Years, in millions of dollars]

2008 2009 2009–2013 Total BA Outlays BA Outlays BA Outlays

House Committee: Current allocation: Energy and Commerce ...... 89 81 839 802 3,162 3,157 Resources ...... 0 0 0 0 0 0 Transportation and Infrastructure ...... 395 0 1,496 0 4,176 0 Ways and Means ...... 1,853 1,843 5,794 5,714 ¥6,724 ¥5,034 Change in the Comprehensive American Energy Security and Consumer Protection Act (H.R. 6899): Energy and Commerce ...... 0 0 ¥4,700 ¥4,700 ¥100 ¥100 Resources ...... 0 0 ¥142 ¥142 ¥3,332 ¥3,332 Transportation and Infrastructure ...... 0 0 115 115 575 575 Ways and Means ...... 0 0 199 199 199 199 Total ...... 0 0 ¥4,528 ¥4,528 ¥2,658 ¥2,658 Revised allocation: Energy and Commerce ...... 89 81 ¥3,861 ¥3,898 3,062 3,057 Resources ...... 0 0 ¥142 ¥142 ¥3,332 ¥3,332 Transportation and Infrastructure ...... 395 0 1,611 115 4,751 575 Ways and Means ...... 1,853 1,843 5,993 5,913 ¥6,525 ¥4,835 h

LEAVE OF ABSENCE The motion was agreed to; accord- 8401. A letter from the Principal Deputy, By unanimous consent, leave of ab- ingly (at 12 o’clock and 30 minutes Department of Defense, transmitting author- a.m.), the House adjourned until today, ization of 18 officers to wear the authorized sence was granted to: insignia of the grade of brigadier general, Mr. DREIER (at the request of Mr. Wednesday, September 17, 2008, at 10 pursuant to 10 U.S.C. 777; to the Committee BOEHNER) for today on account of the a.m. on Armed Services. death of his mother. f 8402. A letter from the Assistant Secretary Mr. POE (at the request of Mr. of Defense, Department of Defense, transmit- BOEHNER) for today until 3:30 p.m. on EXECUTIVE COMMUNICATIONS, ting a report entitled, ‘‘Report to Congress: account of recovery efforts following ETC. Plan for Coordinating National Guard and Hurricane Ike. Federal Military Force Disaster Response,’’ Under clause 8 of rule XII, executive pursuant to Public Law 110-181, section 1814; f communications were taken from the to the Committee on Armed Services. SENATE ENROLLED BILLS SIGNED Speaker’s table and referred as follows: 8403. A letter from the Chief Counsel, 8398. A letter from the Congressional Re- FEMA, Department of Homeland Security, The Speaker announced her signa- transmitting the Department’s final rule — view Coordinator, Department of Agri- ture to enrolled bills of the Senate of Changes in Flood Elevation Determinations culture, transmitting the Department’s final [Docket No. FEMA-B-7797] received Sep- the following titles: rule — Karnal Bunt; Removal of Regulated tember 8, 2008, pursuant to 5 U.S.C. S. 2403. An act to designate the United Areas in Texas [Docket No. APHIS-2007-0157] 801(a)(1)(A); to the Committee on Financial States courthouse located in the 700 block of received September 8, 2008, pursuant to 5 East Broad Street, Richmond, Virginia, as Services. U.S.C. 801(a)(1)(A); to the Committee on Ag- 8404. A letter from the Chairman, Securi- the ‘‘Spottswood W. Robinson III and Robert riculture. R. Merhige, Jr., United States Courthouse’’. ties and Exchange Commission, transmitting 8399. A letter from the Administrator, De- the Commission’s 2007 Annual Report of the S. 2617. An act to amend title 38, United partment of Agriculture, transmitting the States Code, to codify increases in the rates Securities Investor Protection Corporation, Department’s final rule — National Fluid pursuant to 15 U.S.C. 78ggg; to the Com- of compensation for veterans with service- Milk Processor Promotion Program [Docket connected disabilities and the rates of de- mittee on Financial Services. No. AMS-DA-07-0156; DA-07-05] received Sep- 8405. A letter from the Secretary, Depart- pendency and indemnity compensation for tember 8, 2008, pursuant to 5 U.S.C. the survivors of certain disabled veterans ment of Energy, transmitting the Depart- 801(a)(1)(A); to the Committee on Agri- ment’s report entitled, ‘‘Report on Section that were effective as of December 1, 2007, to culture. provide for an increase in the rates of such 3167 of the Department of Energy Science 8400. A letter from the Under Secretary of Education Enhancement Act Related to Edu- compensation effective December 1, 2008, and Defense, Department of Defense, transmit- cation Partnerships with Minority Edu- for other purposes. ting the Department’s quarterly report as of cation Institutions,’’ pursuant to 42 U.S.C. f June 30, 2008, entitled, ‘‘Acceptance of con- 7381c-1, section 3167; to the Committee on ADJOURNMENT tributions for defense programs, projects and Education and Labor. activities; Defense Cooperation Account,’’ 8406. A letter from the Chairperson, Na- Mr. CHILDERS. Mr. Chairman, I pursuant to 10 U.S.C. 2608; to the Committee tional Council on Disability, transmitting move that the House do now adjourn. on Armed Services. the Council’s report entitled, ‘‘The State of

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00151 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.005 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 19335 21st Century Financial Incentives for Ameri- Control Act; to the Committee on Foreign Claims, pursuant to Public Law 109-286, sec- cans with Disabilities’’; to the Committee on Affairs. tion 14; to the Committee on Natural Re- Education and Labor. 8418. A letter from the Acting Assistant sources. 8407. A letter from the Deputy Director for Secretary Legislative Affairs, Department of 8428. A letter from the Acting Assistant Operations, Pension Benefit Guaranty Cor- State, transmitting certification of a pro- Administrator for Fisheries, NMFS, National poration, transmitting the Corporation’s posed license for the export of defense arti- Oceanic and Atmospheric Administration, final rule — Benefits Payable in Terminated cles that are firearms controlled under Cat- transmitting the Administration’s final rule Single-Employer Plans; Allocation of Assets egory 1 ofthe United States Munition List — Atlantic Highly Migratory Species (HMS); in Single-Employer Plans; Interest Assump- (Transmittal No. DTC 063-08), pursuant to Atlantic Shark Management Measures tions for Valuing and Paying Benefits — re- Section 36(c) of the Arms Export Control [Docket No. 0612242866-8888-03] (RIN: 0648- ceived September 8, 2008, pursuant to 5 Act; to the Committee on Foreign Affairs. AU89) received September 8, 2008, pursuant U.S.C. 801(a)(1)(A); to the Committee on Edu- 8419. A letter from the Acting Assistant to 5 U.S.C. 801(a)(1)(A); to the Committee on cation and Labor. Secretary Legislative Affairs, Department of Natural Resources. 8408. A letter from the Deputy Director, State, transmitting the Department’s annual 8429. A letter from the Citizenship & Immi- Department of Health and Human Services, report on the extent and disposition of gration Services Ombudsman, Department of transmitting a report on the Developmental United States contributions to international Homeland Security, transmitting the Annual Disabilities Programs for Fiscal Years 2005- organizations for fiscal year 2007, pursuant Report of the Citizenship and Immigration 2006, pursuant to Public Law 99-319, section to 22 U.S.C. 287b(b), section 405(b); to the Services for Fiscal Year 2008, pursuant to 105(a)(7); to the Committee on Energy and Committee on Foreign Affairs. Section 452(c)(1) of the Homeland Security Commerce. 8420. A letter from the Under Secretary of Act; to the Committee on the Judiciary. 8409. A letter from the Administrator, De- State for Political Affairs, Department of 8430. A letter from the Principal Deputy partment of Energy, Energy Information Ad- State, transmitting the Department’s eighth Assistant Attorney General, Department of ministration, transmitting the Administra- report covering current military, diplomatic, Justice, transmitting a legislative proposal, tion’s report entitled, ‘‘Annual Energy Out- political and economic measures that are entitled ‘‘The Foreign Agents Registration look 2008,’’ pursuant to Public Law 110-140; to being or have been undertaken to complete Technical Amendments Act of 2008’’; to the the Committee on Energy and Commerce. our mission in Iraq successfully, pursuant to Committee on the Judiciary. 8410. A letter from the Administrator, De- Public Law 109-163 , section 1227; to the Com- 8431. A letter from the Deputy Assistant partment of Energy, Energy Information Ad- mittee on Foreign Affairs. Administrator Deputy Chief of Operations ministration, transmitting the Administra- 8421. A letter from the Acting Assistant Office of Diversion Control, Department of tion’s report entitled, ‘‘Annual Energy Re- Secretary for Legislative Affairs, Depart- Justice, transmitting the Department’s final view 2007’’; to the Committee on Energy and ment of State, transmitting consistent with rule — Elimination of Exemptions for Chem- Commerce. the Authorization for Use of Military Force ical Mixtures Containing the List I Chemi- 8411. A letter from the Assistant Legal Ad- Against Iraq Resolution of 2002 (Pub. L. 107 cals Ephedrine and/or Pseudoephedrine viser for Treaty Affairs, Department of -243), the Authorization for the Use of Force [Docket No. DEA-284F] (RIN: 1117-AB11) re- State, transmitting Copies of international Against Iraq Resolution (Pub. L. 102-1), and ceived August 19, 2008, pursuant to 5 U.S.C. agreements, other than treaties, entered into in order to keep the Congress fully informed, 801(a)(1)(A); to the Committee on the Judici- by the United States, pursuant to 1 U.S.C. reports prepared by the Department of State ary. 112b; to the Committee on Foreign Affairs. on a weekly basis for the June 15- August 15, 8432. A letter from the Director, Depart- 8412. A letter from the Assistant Legal Ad- 2008 period including matters relating to ment of Justice, transmitting the Depart- viser for Treaty Affairs, Department of post-liberation Iraq under Section 7 of the ment’s report entitled ‘‘Indian Country Drug State, transmitting Copies of international Iraq Liberation Act of 1998 (Pub. L. 105-338); Threat Assessment 2008’’; to the Committee agreements, other than treaties, entered into to the Committee on Foreign Affairs. on the Judiciary. by the United States, pursuant to 1 U.S.C. 8422. A letter from the Secretary General, 8433. A letter from the President, National 112b; to the Committee on Foreign Affairs. Organization for Security and Cooperation in Council on Radiation Protection and Meas- 8413. A letter from the Chair, Commission Europe, Parliamentary Assembly, transmit- urements, transmitting the Council’s ‘‘Audit on International Religious Freedom, trans- ting the Astana Declaration and Resolutions of Federal Awards A-133 for the National mitting the Commission’s 2008 Annual Re- adopted on July 3, 2008 at the Seventeenth Council on Radiation Protection and Meas- port covering the period May 2007 through Annual Session of the Organization for Secu- urements’’ from July 14, 2008; to the Com- April 2008; to the Committee on Foreign Af- rity and Co-operation in Europe Parliamen- mittee on the Judiciary. fairs. tary Assembly, pursuant to Public Law 102- 8434. A letter from the Chief Justice, Su- 8414. A letter from the Assistant Secretary 138, section 169(e) (105 Stat. 679); to the Com- preme Court of the United States, transmit- For Export Administration, Department of mittee on Foreign Affairs. ting notification that the Supreme Court Commerce, transmitting the Department’s 8423. A letter from the Chief Financial Offi- will open the October 2008 Term on Monday final rule — Clarification of the Classifica- cer, Department of Housing and Urban De- October 6, 2008 and will continue until all tion of Crew Protection Kits on the Com- velopment, transmitting the Department’s matters before the Court ready for argument merce Control List, pursuant to 5 U.S.C. final set of amendments to the Department’s have been disposed of or decided; to the Com- 801(a)(1)(A); to the Committee on Foreign Af- Fiscal Year 2008 Annual Performance Plan; mittee on the Judiciary. fairs. to the Committee on Oversight and Govern- 8435. A letter from the Chief United States 8415. A letter from the Assistant Secretary ment Reform. Bankruptcy Judge, United States Bank- For Export Administration, Department of 8424. A letter from the Deputy White House ruptcy Court, transmitting the 2007 Annual Commerce, transmitting the Department’s Liaison, Department of Justice, transmit- Report for the United States Bankruptcy final rule — Addition of Kosovo in the Ex- ting a report pursuant to the Federal Vacan- Court for the Central District of California; port Administration Regulations [Docket cies Reform Act of 1998; to the Committee on to the Committee on the Judiciary. No. 080717846-8879-01] (RIN: 0694-AE34) re- Oversight and Government Reform. 8436. A letter from the Secretary, Depart- ceived September 8, 2008, pursuant to 5 8425. A letter from the Director, Office of ment of Transportation, transmitting the U.S.C. 801(a)(1)(A); to the Committee on For- National Drug Control Policy, transmitting Department’s fourth report on the break- eign Affairs. the Office’s report entitled, ‘‘Fiscal Year 2007 down of the disability-related complaints 8416. A letter from the Acting Assistant Performance Summary Report,’’ pursuant to that U.S. and foreign passenger air carriers Secretary Legislative Affairs, Department of P.L. 105-277 (Div. C-Title VII), section 705(d); operating to and from the U.S. received dur- State, transmitting a proposed removal from to the Committee on Oversight and Govern- ing 2007, pursuant to Section 707 of the Wen- the United States Munitions list of vessels ment Reform. dell H. Ford Aviation Investment and Re- for the containment and transportation of 8426. A letter from the Special Counsel, Of- form Act for the 21st Century; to the Com- explosive devices that have primary applica- fice of Special Counsel, transmitting the Of- mittee on Transportation and Infrastruc- tions in law enforcement and security, pur- fice’s FY 2007 Annual Report, pursuant to 5 ture. suant to Section 38(f) of the Arms Export U.S.C. 1218; to the Committee on Oversight 8437. A letter from the National Ombuds- Control Act; to the Committee on Foreign and Government Reform. man and Assistant Administrator for Regu- Affairs. 8427. A letter from the Acting Deputy As- latory Enforcement Fairness, Small Business 8417. A letter from the Acting Assistant sistant Secretary for Policy and Economic Administration, transmitting the National Secretary Legislative Affairs, Department of Development, Department of the Interior, Ombudsman’s Annual Report to Congress; to State, transmitting a proposed technical as- transmitting the Department’s proposed the Committee on Small Business. sistance agreement for the export of tech- plan with respect to the award entered in the 8438. A letter from the Chairman, Inter- nical data, defense services, and defense arti- compromise and settlement of claims under national Trade Commission, transmitting a cles in the amount of $50,000,000 or more, pur- Pueblo of San Ildefonso v. United States, No. report entitled, ‘‘The Year in Trade 2007,’’ suant to Section 36(c) of the Arms Export 660-87L, United States Court of Federal pursuant to Section 163(c) of the Trade Act

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00152 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.005 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19336 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 September 16, 2008 of 1974; to the Committee on Ways and PUBLIC BILLS AND RESOLUTIONS able energy provisions for 10 years, and for Means. Under clause 2 of rule XII, public other purposes; to the Committee on Ways 8439. A letter from the Secretary, Depart- and Means. ment of Agriculture, transmitting the De- bills and resolutions of the following By Mr. HOLT: partment’s pilot project status report for fis- titles were introduced and severally re- H.R. 6915. A bill to amend the Internal Rev- cal year 2007 to implement the Quincy Li- ferred, as follows: enue Code of 1986 to extend the alternative brary Group’s forest management proposal By Mr. BURGESS (for himself and Mr. motor vehicle credit for 10 years, and for on designated lands in the Plumas, Lassen, STUPAK): other purposes; to the Committee on Ways and Tahoe National Forests, pursuant to H.R. 6908. A bill to require that limitations and Means. Public Law 105-277; jointly to the Commit- and restrictions on coverage under group By Mr. JEFFERSON (for himself and tees on Natural Resources and Agriculture. health plans be timely disclosed to group Mr. MELANCON): 8440. A letter from the Assistant Regional health plan sponsors and timely commu- H.R. 6916. A bill to amend the Robert T. Solicitor, Department of the Interior, trans- nicated to participants and beneficiaries Stafford Disaster Relief and Emergency As- mitting the Department’s ‘‘Answer to Mo- under such plans in a form that is easily un- sistance Act to authorize the President to tion to Clarify Record of Modesto and derstandable; to the Committee on Energy provide assistance to individuals and house- Turlock Irrigation Districts’’; jointly to the and Commerce, and in addition to the Com- holds that are required to evacuate their pri- Committees on Natural Resources and En- mittees on Education and Labor, and Ways mary residences as a result of a major dis- ergy and Commerce. and Means, for a period to be subsequently aster; to the Committee on Transportation 8441. A letter from the Associate Deputy determined by the Speaker, in each case for and Infrastructure. Secretary, Department of the Interior, trans- consideration of such provisions as fall with- By Mr. LAMBORN (for himself and Mr. mitting the Department’s annual report to in the jurisdiction of the committee con- SMITH of Texas): Congress on the CALFED Bay-Delta Pro- cerned. H.R. 6917. A bill to amend the Wilderness gram entitled, ‘‘2007 Calfed Annual Report,’’ By Mr. PORTER: Act to allow recreation organizations to H.R. 6909. A bill to direct the Secretary of pursuant to Public Law 108-361, section cross wilderness areas on established trails, the Interior to give priority to consideration 105(a)(1); jointly to the Committees on Nat- and for other purposes; to the Committee on of applications for permits and other author- ural Resources and Transportation and In- Natural Resources. izations required for renewable energy frastructure. By Mr. COBLE (for himself and Mr. projects on Federal public land, and for other 8442. A letter from the Secretary, Depart- purposes; to the Committee on Natural Re- STUPAK): ment of Energy, transmitting the Depart- sources. H. Con. Res. 415. Concurrent resolution ment’s ‘‘2008 Annual Plan for the Ultra-Deep- By Mr. PRICE of Georgia: celebrating 75 years of effective State-based water and Unconventional Natural Gas and H.R. 6910. A bill to establish a monetary alcohol regulation and recognizing State Other Petroleum Resources Research and prize for achievements in overcoming sci- lawmakers, regulators, law enforcement offi- Development Program,’’ pursuant to Public entific and technical barriers associated cers, the public health community and in- Law 109-58, section 999B(e)(3); jointly to the with the development and production of al- dustry members for creating a workable, Committees on Science and Technology and ternative fuel vehicles, to remove certain re- legal, and successful system of alcoholic bev- Natural Resources. strictions on the exploration, development, erage regulation, distribution, and sale; to f and production of mineral resources on Fed- the Committee on the Judiciary. eral lands, and to use the resulting Federal By Mr. BOUCHER (for himself, Mr. REPORTS OF COMMITTEES ON revenue to fund the monetary prize and re- WOLF, Mr. SCOTT of Virginia, Mr. PUBLIC BILLS AND RESOLUTIONS duce the public debt; to the Committee on GOODLATTE, Mr. MORAN of Virginia, Under clause 2 of rule XIII, reports of Science and Technology, and in addition to Mr. GOODE, Mr. CANTOR, Mr. TOM committees were delivered to the Clerk the Committee on Natural Resources, for a DAVIS of Virginia, Mr. FORBES, Mrs. period to be subsequently determined by the DRAKE, and Mr. WITTMAN of Vir- for printing and reference to the proper Speaker, in each case for consideration of ginia): calendar, as follows: such provisions as fall within the jurisdic- H. Con. Res. 416. Concurrent resolution Ms. CASTOR: Committee on Rules. House tion of the committee concerned. commending Barter Theatre on the occasion Resolution 1441. Resolution providing for By Mr. BERMAN (for himself, Ms. ROS- of its 75th anniversary; to the Committee on consideration of the bill (H.R. 3036) to amend LEHTINEN, Mr. HASTINGS of Florida, Education and Labor. the Elementary and Secondary Education Mr. SMITH of New Jersey, Mr. By Mr. MCCOTTER (for himself, Mr. Act of 1965 regarding environmental edu- WEXLER, Ms. SCHWARTZ, and Mr. SHU- BOEHNER, Mr. BLUNT, Mr. CARTER, cation, and for other purposes (Rept. 110–854). STER): Ms. GRANGER, Mr. CANTOR, Mr. COLE Referred to the House Calendar. H.R. 6911. A bill to authorize assistance to of Oklahoma, Mr. PUTNAM, Mr. AKIN, Mr. GORDON of Tennessee: Committee on meet the urgent humanitarian needs of the Mrs. BACHMANN, Mr. BILIRAKIS, Mrs. Science and Technology. H.R. 6323. A bill to people of Georgia, and for other purposes; to BLACKBURN, Mr. BONNER, Mr. BRADY establish a research, development, dem- the Committee on Foreign Affairs. of Texas, Mr. BURGESS, Mr. CAMP of onstration, and commercial application pro- By Mr. BOSWELL (for himself, Mr. Michigan, Mrs. CAPITO, Mr. CONAWAY, gram to promote research of appropriate LOEBSACK, Mrs. BOYDA of Kansas, Mr. Mr. FORTENBERRY, Mr. HAYES, Mr. technologies for heavy duty plug-in hybrid SKELTON, Mrs. EMERSON, and Mr. HERGER, Mr. MANZULLO, Mr. MCHUGH, vehicles, and for other purposes; with an BERRY): Mrs. MCMORRIS RODGERS, Mr. NUNES, amendment (Rept. 110–855). Referred to the H.R. 6912. A bill to amend title XVIII of the Mr. PLATTS, Mr. RADANOVICH, Mr. Social Security Act to provide for temporary Committee of the Whole House on the State RENZI, Mr. TERRY, Mr. TIBERI, Mr. improvements to the Medicare inpatient hos- of the Union. KLINE of Minnesota, Mr. ENGLISH of pital payment adjustment for low-volume Mr. OBERSTAR: Committee on Transpor- Pennsylvania, Mrs. SCHMIDT, Mr. hospitals and to provide for the use of the tation and Infrastructure. House Resolution WESTMORELAND, Mr. HALL of Texas, non-wage adjusted PPS rate under the Medi- 1376. Resolution commemorating the 80th an- Mr. MCCRERY, Mr. RYAN of Wis- care-dependent hospital (MDH) program, and niversary of the Okeechobee Hurricane of consin, Mr. KUHL of New York, Mrs. for other purposes; to the Committee on September 1928 and its associated tragic loss MYRICK, Mr. GRAVES, Mr. SHUSTER, Ways and Means, and in addition to the Com- of life; with amendments (Rept. 110–856). Re- mittee on Energy and Commerce, for a pe- Mr. MCCARTHY of California, Mr. ferred to the House Calendar. riod to be subsequently determined by the GARRETT of New Jersey, Mr. PRICE of Mr. FRANK of Massachusetts: Committee Speaker, in each case for consideration of Georgia, Mr. BACHUS, Mr. GOODE, Mr. on Financial Services. H.R. 5244. A bill to such provisions as fall within the jurisdic- DAVIS of Kentucky, Mr. WILSON of amend the truth in Lending Act to establish tion of the committee concerned. South Carolina, Ms. FALLIN, Mr. fair and transparent practices relating to the By Mr. FLAKE: WALBERG, Mr. DANIEL E. LUNGREN of extension of credit under an open end con- H.R. 6913. A bill to provide that no funds California, Mr. SMITH of Texas, Mr. sumer credit plan, and for other purposes; made available to the Department of Com- LAMBORN, Mr. MCCAUL of Texas, Mr. with an amendment (Rept. 110–857). Referred merce may be used to implement, admin- PETERSON of Pennsylvania, Mr. to the Committee of the Whole House on the ister, or enforce certain amendments made MCHENRY, Mr. LINDER, Mr. GINGREY, State of the Union. to regulations relating to license exemptions Mr. ROSKAM, Ms. FOXX, Mr. PITTS, Mr. WAXMAN: Committee on Oversight for gift parcels and humanitarian donations Mrs. MUSGRAVE, Mr. BROUN of Geor- and Government Reform. Misleading Infor- for Cuba; to the Committee on Foreign Af- gia, Mr. BOOZMAN, Mr. TIAHRT, Mrs. mation from the Battlefield: The Tillman fairs. WILSON of New Mexico, Mr. JORDAN, and Lynch Episodes (Rept. 110–858). Referred By Mr. HOLT: Mr. SULLIVAN, Mr. POE, Mr. SCALISE, to the Committee of the Whole House on the H.R. 6914. A bill to amend the Internal Rev- Mr. GOHMERT, Mr. YOUNG of Alaska, State of the Union. enue Code of 1986 to extend certain renew- Mr. BISHOP of Utah, Mr. SAM JOHNSON

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00153 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.005 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 19337

of Texas, Mr. HOEKSTRA, Mr. PENCE, ADDITIONAL SPONSORS H.R. 6066: Mr. MILLER of North Carolina, Mr. CALVERT, Mr. BROWN of South Under clause 7 of rule XII, sponsors Mr. GUTIERREZ, Mr. MORAN of Virginia, and Carolina, Mr. LATOURETTE, Mr. were added to public bills and resolu- Mrs. CHRISTENSEN. WELDON of Florida, and Mr. SIMPSON): tions as follows: H.R. 6070: Mr. CAZAYOUX, Mr. SCALISE, and H. Con. Res. 417. Concurrent resolution ex- Mr. MCINTYRE. pressing the sense of the Congress that the H.R. 74: Mr. RUPPERSBERGER. H.R. 6126: Ms. MATSUI and Ms. LEE. ONZALEZ 110th Congress should not adjourn until com- H.R. 154: Mr. G . H.R. 6146: Mr. KING of New York. H.R. 219: Mr. FEENEY. prehensive energy legislation has been en- H.R. 6163: Ms. MATSUI and Mr. SALAZAR. H.R. 522: Mr. MORAN of Virginia. acted; to the Committee on Natural Re- H.R. 6170: Mr. ROGERS of Kentucky. H.R. 543: Mr. BAIRD. sources, and in addition to the Committees H.R. 6172: Mr. WALDEN of Oregon, Ms. H.R. 715: Mr. WEXLER, Mr. KLEIN of Flor- on Energy and Commerce, Science and Tech- HIRONO, Mr. DEAL of Georgia, and Mr. TERRY. ida, and Mr. SERRANO. nology, and Ways and Means, for a period to H.R. 6201: Mr. ROSS. H.R. 741: Mr. BOSWELL and Ms. DEGETTE. be subsequently determined by the Speaker, H.R. 6220: Mr. CRENSHAW. H.R. 1014: Mr. WITTMAN of Virginia and Mr. in each case for consideration of such provi- H.R. 6233: Mr. BISHOP of Utah, Mr. SCALISE. sions as fall within the jurisdiction of the GALLEGLY, Mr. KLINE of Minnesota, Mr. H.R. 1029: Mr. LARSON of Connecticut, Ms. committee concerned. BRADY of Pennsylvania, Mr. SMITH of Wash- MCCOLLUM of Minnesota, Mr. SHAYS, and Mr. By Mrs. MCCARTHY of New York (for ington, and Mr. ORTIZ. RAMSTAD. herself, Mr. PLATTS, Ms. WOOLSEY, H.R. 1246: Mr. BACA. H.R. 6268: Mr. BISHOP of Georgia. Ms. HIRONO, Ms. BALDWIN, Ms. H.R. 1279: Mr. SNYDER. H.R. 6293: Mr. FORBES, Mr. WESTMORELAND, BORDALLO, Mr. CHILDERS, Mr. MCGOV- H.R. 1280: Mr. GERLACH and Mr. CONYERS. and Mr. CRENSHAW. ERN, Mr. HINCHEY, Mr. ELLISON, Mr. H.R. 1283: Mr. BILIRAKIS and Mr. WITTMAN H.R. 6363: Mr. FILNER. DOYLE, Mr. FILNER, Mr. CLEAVER, Mr. of Virginia. H.R. 6371: Mr. WILSON of Ohio. VAN HOLLEN, Mr. GRIJALVA, Mr. H.R. 1295: Mr. MCINTYRE. H.R. 6379: Mr. HENSARLING. ENGLISH of Pennsylvania, Ms. H.R. 1576: Mr. FRELINGHUYSEN. H.R. 6387: Mr. CROWLEY. CORRINE BROWN of Florida, and Mr. H.R. 1643: Mr. BISHOP of New York. H.R. 6411: Mr. MITCHELL. TOWNS): H.R. 1650: Mr. KLINE of Minnesota. H.R. 6439: Mr. BISHOP of Georgia, Mr. H. Res. 1440. A resolution expressing sup- H.R. 1655: Mr. KENNEDY. SALAZAR, and Mr. MAHONEY of Florida. port for designation of the month of October H.R. 1691: Mr. CONYERS. H.R. 6485: Ms. LINDA T. SA´ NCHEZ of Cali- as ‘‘National Work and Family Month’’; to H.R. 1738: Mr. REYNOLDS and Mr. RUSH. fornia, Mr. WU, Mr. MCGOVERN, Mr. TERRY, the Committee on Education and Labor. H.R. 1767: Mr. LINDER, Mr. LAMPSON, and Mrs. CAPITO, Mr. MCHUGH, and Mr. OLVER. By Mr. BURTON of Indiana (for him- Mr. FORBES. H.R. 6512: Mr. FEENEY and Mr. DEAL of self, Ms. BEAN, Mr. CHABOT, and Mr. H.R. 1953: Mr. ABERCROMBIE. Georgia. DAVIS of Illinois): H.R. 2066: Mr. BISHOP of New York. H.R. 6548: Mr. BURTON of Indiana. H. Res. 1442. A resolution supporting and H.R. 2188: Mr. SIMPSON. H.R. 6566: Mr. HULSHOF and Mrs. BIGGERT. congratulating the people of Serbia on the H.R. 2391: Mr. ALTMIRE. H.R. 6567: Mr. ALLEN and Ms. DEGETTE. formation of a new coalition government; to H.R. 2468: Mr. BERRY, Mr. MURTHA, and Mr. H.R. 6568: Mr. WATT, Mr. BISHOP of New the Committee on Foreign Affairs. SCOTT of Virginia. York, Mr. ENGLISH of Pennsylvania, and Mr. By Mr. DEFAZIO (for himself, Mr. FIL- H.R. 2994: Mrs. MYRICK and Mr. WAXMAN. TIERNEY. NER, Mr. WAXMAN, Mr. BLUMENAUER, H.R. 3186: Mr. BRALEY of Iowa. H.R. 6581: Mr. LINCOLN DIAZ-BALART of Mr. REICHERT, Mr. THOMPSON of Cali- H.R. 3326: Mrs. TAUSCHER, Mrs. LOWEY, Mr. Florida. fornia, Mr. INSLEE, Mr. WU, and Mr. MILLER of North Carolina, Mr. MORAN of Vir- H.R. 6594: Mr. MCHUGH and Mr. REYNOLDS. MCDERMOTT): ginia, and Ms. EDDIE BERNICE JOHNSON of H.R. 6598: Mr. NEAL of Massachusetts, Mr. H. Res. 1443. A resolution recognizing the Texas. TIERNEY, Mr. CLEAVER, and Mr. OLVER. 40th anniversary of the National Trails Sys- H.R. 3402: Mr. GONZALEZ. H.R. 6646: Mr. LINDER, Mr. SOUDER, and Mr. tem Act and the Pacific Crest National Sce- H.R. 3404: Ms. SLAUGHTER and Mr. BISHOP FRANK of Massachusetts. nic Trail; to the Committee on Natural Re- of New York. H.R. 6651: Mr. HINCHEY, Mrs. CHRISTENSEN, sources. H.R. 3458: Mr. BISHOP of Georgia and Mr. Ms. MOORE of Wisconsin, and Mr. SIRES. By Mr. ENGLISH of Pennsylvania: CARNAHAN. H.R. 6654: Mr. CHILDERS and Mr. HINCHEY. H.R. 3479: Mr. CALVERT. H. Res. 1444. A resolution expressing the H.R. 6680: Mr. RYAN of Ohio and Mrs. H.R. 3544: Mr. UPTON. Sense of the House of Representatives that CHRISTENSEN. H.R. 3679: Mrs. MUSGRAVE. the Susquehanna River Basin Commission H.R. 6691: Mr. WITTMAN of Virginia, Mr. H.R. 3820: Mr. BILBRAY. should carefully consider the energy needs of BILIRAKIS, Mrs. CUBIN, Mr. CRENSHAW, Mr. H.R. 4236: Mr. GORDON. the United States and the economic develop- KELLER, Mr. MACK, Mr. HENSARLING, Mr. H.R. 4464: Mr. CARTER. ment needs of the region before limiting nat- STEARNS, Mr. MCHENRY, Mr. DENT, Mr. HELL- H.R. 4851: Mr. GEORGE MILLER of Cali- ural gas exploration and development in the ER, Mr. TERRY, Mr. DEAL of Georgia, and Mr. fornia. Marcellus Shale formation; to the Com- BARTLETT of Maryland. H.R. 5131: Mr. PUTNAM, Mr. PORTER, and mittee on Transportation and Infrastruc- H.R. 6694: Ms. WASSERMAN SCHULTZ, Mr. Mr. ALTMIRE. ture. BACA, Mr. DANIEL E. LUNGREN of California, H.R. 5174: Mr. OLVER. By Mr. KILDEE (for himself, Mr. DIN- and Mr. LARSEN of Washington. H.R. 5461: Mr. CARNAHAN. GELL, Mr. ROGERS of Michigan, Mrs. H.R. 6696: Mr. FORTUN˜ O, Mrs. CAPITO, Mr. H.R. 5611: Mr. FRANK of Massachusetts. MILLER of Michigan, Ms. SUTTON, Mr. H.R. 5615: Mr. TERRY. EHLERS, Mr. FRANKS of Arizona, and Mr. EHLERS, Mr. KNOLLENBERG, Ms. KAP- H.R. 5635: Mr. TIBERI and Mr. PITTS. HOEKSTRA. TUR, Mr. LEVIN, Mr. STUPAK, Mr. H.R. 5672: Ms. GRANGER. H.R. 6702: Mr. MCGOVERN. CAMP of Michigan, Mr. HOEKSTRA, H.R. 5734: Mr. LOEBSACK, Mr. SCHIFF, Ms. H.R. 6706: Mr. MCHUGH. Mr. MCCOTTER, Mr. WALBERG, Mr. SHEA-PORTER, Mr. SERRANO, and Mr. BER- H.R. 6707: Mr. HOLDEN and Ms. NORTON. UPTON, Ms. KILPATRICK, Mr. VIS- MAN. H.R. 6709: Mr. BOSWELL, Mrs. MUSGRAVE, CLOSKY, and Mr. CONYERS): H.R. 5748: Mr. JONES of North Carolina. and Mrs. BIGGERT. H. Res. 1445. A resolution commending the H.R. 5782: Mr. SCALISE. H.R. 6728: Ms. CORRINE BROWN of Florida. General Motors Corporation on the occasion H.R. 5793: Mr. CRENSHAW, Mr. PASCRELL, H.R. 6771: Mr. FORBES. of its 100th anniversary; to the Committee Mrs. BIGGERT, Ms. GRANGER, Mr. LEWIS of H.R. 6853: Mr. HASTINGS of Florida, Mr. on Energy and Commerce. Kentucky, Mr. RENZI, Mr. SCALISE, and Mr. MARIO DIAZ-BALART of Florida, Ms. ROS- By Mr. SIRES (for himself, Ms. COBLE. LEHTINEN, Ms. GINNY BROWN-WAITE of Flor- WASSERMAN SCHULTZ, Mr. PAYNE, and H.R. 5823: Mr. MCNULTY, Mr. LATHAM, Mr. ida, Mr. KELLER, Mr. LINCOLN DIAZ-BALART Mr. PASTOR): WU, and Mr. MORAN of Virginia. of Florida, Mr. HINCHEY, and Ms. WASSERMAN H. Res. 1446. A resolution expressing the H.R. 5842: Mr. STARK, Mr. CAPUANO, Mr. SCHULTZ. importance of swimming lessons and recog- THOMPSON of California, and Mr. OLVER. H.R. 6856: Mr. CHANDLER. nizing the danger of drowning in the United H.R. 5843: Mr. STARK. H.R. 6864: Mr. GOHMERT, Mr. WELCH of States, especially among minority children; H.R. 5901: Mr. BISHOP of New York, Mr. Vermont, Mr. HERGER, Mr. MCCOTTER, and to the Committee on Energy and Commerce. SCOTT of Virginia, and Mr. MEEK of Florida. Mr. CARTER. By Mr. SOUDER (for himself and Mr. H.R. 5925: Mr. MCGOVERN. H.R. 6873: Mr. YOUNG of Florida, Mr. RUPPERSBERGER): H.R. 5946: Mr. GUTIERREZ. TIERNEY, Mr. KING of New York, Mr. BILI- H. Res. 1447. A resolution supporting the H.R. 5954: Mr. BISHOP of Georgia. RAKIS, Mr. KIRK, Mr. COSTELLO, Mr. THOMP- goals and ideals of Red Ribbon Week; to the H.R. 6023: Mr. SCALISE, Mr. MARIO DIAZ- SON of California, and Mr. MORAN of Kansas. Committee on Energy and Commerce. BALART of Florida, and Mr. GOODLATTE. H.R. 6884: Ms. SCHWARTZ.

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00154 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.005 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19338 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 14 September 16, 2008

H.R. 6885: Mr. ARCURI. H. Res. 1303: Mr. MORAN of Virginia. CARNEY, Mr. HOLDEN, Mr. BOYD of Florida, H.R. 6895: Mr. ISSA. H. Res. 1306: Mr. GARRETT of New Jersey. Mr. BOSWELL, Mr. SHULER, Mr. ARCURI, and H.R. 6905: Ms. BALDWIN and Mr. TOWNS. H. Res. 1335: Mr. SHAYS and Mr. BISHOP of Mr. SNYDER. H. Con. Res. 284: Mr. WAMP. Georgia. H. Res. 1392: Ms. EDDIE BERNICE JOHNSON of H. Con. Res. 294: Mr. BISHOP of Georgia. H. Res. 1345: Mr. GRIJALVA. Texas and Mr. FORTENBERRY. H. Con. Res. 357: Mrs. BIGGERT. H. Res. 1364: Mr. AKIN, Mr. BISHOP of Utah, H. Con. Res. 362: Ms. PRYCE of Ohio and Mr. Mr. MARSHALL and Mr. DENT. H. Res. 1397: Mr. ELLISON and Mr. ALLEN. WELDON of Florida. H. Res. 1377: Mr. SHERMAN. H. Res. 1413: Mr. HARE, Mr. COURTNEY, Mr. H. Con. Res. 393: Mrs. BLACKBURN. H. Res. 1379: Mr. FATTAH, Ms. CLARKE, Mr. PALLONE, Mr. HONDA, Mr. BACA, Mr. H. Con. Res. 397: Mr. SHAYS, Mr. MORAN of FRANK of Massachusetts, and Ms. MCCOLLUM HINOJOSA, Mr. SIRES, Mr. VAN HOLLEN, Mr. Virginia, Mr. GRIJALVA, Mr. FARR, Mrs. of Minnesota. MCDERMOTT, Ms. SHEA-PORTER, Ms. MOORE MALONEY of New York, Mr. BURTON of Indi- H. Res. 1381: Ms. SCHAKOWSKY, Mr. ROYCE, of Wisconsin, Mrs. NAPOLITANO, Ms. LEE, Mr. ana, Ms. WATSON, Ms. WOOLSEY, Mr. MAR- Mrs. EMERSON, Mr. SHAYS, Mr. REGULA, Mr. CLEAVER, Ms. WOOLSEY, Mrs. CHRISTENSEN, SHALL, Ms. SCHAKOWSKY, Ms. GIFFORDS, Mr. CRENSHAW, Mr. WATT, Mr. BUTTERFIELD, Mr. Mr. CARSON, Ms. CLARKE, and Ms. KAPTUR. PLATTS, Mr. TOM DAVIS of Virginia, Mr. LEWIS of Georgia, Ms. EDDIE BERNICE JOHN- H. Res. 1414: Mr. SARBANES and Mr. FILNER. MCGOVERN, and Mr. KLEIN of Florida. SON of Texas, Ms. CORRINE BROWN of Florida, H. Con. Res. 407: Mr. PAYNE. Ms. WATSON, Mr. PRICE of North Carolina, H. Res. 1418: Ms. BALDWIN and Mr. MOORE H. Con. Res. 411: Mr. MCHUGH and Mr. Mr. ROTHMAN, Mr. CAPUANO, Mr. WEXLER, of Kansas. COBLE. Mr. WU, Mr. OLVER, Mrs. TAUSCHER, Ms. H. Res. 1427: Mr. GINGREY, Mr. WILSON of H. Res. 101: Mr. CARSON. South Carolina, Mr. KLINE of Minnesota, Mr. H. Res. 672: Mr. MILLER of North Carolina. MATSUI, Mr. BERRY, Ms. HOOLEY, Ms. H. Res. 925: Mrs. MUSGRAVE. WASSERMAN SCHULTZ, Mrs. MALONEY of New BURGESS, Mr. WHITFIELD of Kentucky, Mr. H. Res. 1042: Mr. PENCE, Mr. DENT, Mr. York, Mr. JOHNSON of Georgia, Ms. CLARKE, KINGSTON, Mr. CAMPBELL of California, Mr. SAXTON, Mr. LATHAM, Mr. GARY G. MILLER of Mr. HINCHEY, Mr. PALLONE, Mr. SERRANO, Ms. SENSENBRENNER, Mr. WALSH of New York, California, Mr. ISSA, Mr. CALVERT, Mr. BART- JACKSON-LEE of Texas, Mr. COSTA, Mr. and Mr. CULBERSON. LETT of Maryland, Mr. BURGESS, Mr. BROUN COSTELLO, Mr. NEAL of Massalhusetts, Mr. H. Res. 1428: Mr. COOPER, Mr. ENGLISH of of Georgia, Mr. GINGREY, Mr. BILBRAY, Mr. HARE, Ms. KAPTUR, Mr. MOLLOHAN, Ms. Pennsylvania, Ms. BALDWIN, Mr. LAMPSON, SNYDER, Mr. BERMAN, Mr. KINGSTON, Mr. SCHWARTZ, Mr. BOREN, Mr. BLUMENAUER, Mr. Mr. HOLDEN, Mr. TANNER, Mr. PETERSON of MARIO DIAZ-BALART of Florida, Ms. ROS- GEORGE MILLER of California, Mr. INSLEE, Minnesota, and Ms. DELAURO. Mrs. LOWEY, Mr. KIRK, Mr. MCDERMOTT, and LEHTINEN, Mr. WESTMORELAND, Mr. PETER- H. Res. 1435: Mr. WOLF and Mr. GUTIERREZ. SON of Pennsylvania, Mr. SMITH of Nebraska, Ms. SOLIS. H. Res. 1436: Mr. SHULER, Mr. ORTIZ, Mr. Mr. SALI, Mr. ENGLISH of Pennsylvania, Mr. H. Res. 1382: Ms. EDDIE BERNICE JOHNSON of MOORE of Kansas, Mr. DOYLE, Mr. CARNEY, ROGERS of Michigan, Mrs. BIGGERT, and Mr. Texas, Mr. GILCHREST, Mr. FILNER, Mrs. Mr. MCGOVERN, Mr. TANNER, Mr. WESTMORE- GOHMERT. TAUSCHER, Mr. MORAN of Kansas, Mrs. LAND, Mr. EDWARDS of Texas, Mr. HONDA, Mr. H. Res. 1064: Mr. DOYLE, Mr. MEEKS of New NAPOLITANO, Mr. HAYES, Mr. LIPINSKI, Mr. JEFFERSON, Mr. COURTNEY, Mr. JONES of York, Mr. PLATTS, and Mr. REYNOLDS. BROWN of South Carolina, Mr. CARNEY, Mrs. H. Res. 1258: Mr. ELLISON. CAPITO, Mr. COHEN, Mr. POE, Ms. EDWARDS of North Carolina, Mr. MCINTYRE, and Mr. H. Res. 1268: Ms. WOOLSEY, Mr. MORAN of Maryland, and Mrs. MILLER of Michigan. KAGEN. Virginia, Mr. SHULER, Mr. MCDERMOTT, and H. Res. 1390: Mr. EHLERS, Mr. PUTNAM, Mr. H. Res. 1438: Mr. MARIO DIAZ-BALART of Mr. MCCOTTER. MOORE of Kansas, Mr. WILSON of Ohio, Mr. Florida.

VerDate Mar 15 2010 15:20 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00155 Fmt 0688 Sfmt 0634 E:\BR08\H16SE8.005 H16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 EXTENSIONS OF REMARKS, Vol. 154, Pt. 14 19339 EXTENSIONS OF REMARKS

TRIBUTE TO DR. JAMES B. American soldiers need to protect this country. school sweetheart, Gwen. He served in the KLIEBENSTEIN Today the Joint Manufacturing and Tech- U.S Army six years and served 15 years in nology Center (JMTC)—under the command Georgia law enforcement as a police detective HON. TOM LATHAM of the Army Materiel Command—continues for the City of Atlanta. Pastor Battle’s ministry OF IOWA that proud tradition of meeting the needs of began in 1990 as Divine Faith Baptist Church IN THE HOUSE OF REPRESENTATIVES our Armed Forces. with a group of 60 members. Today, Madam JMTC’s technological and manufacturing ex- Speaker, Divine Faith Ministries International Tuesday, September 16, 2008 pertise has been essential to protecting our currently serves God with a membership of Mr. LATHAM. Madam Speaker, I rise to rec- nation in the 21st Century. At no time was this over 8,000. This explosive growth can be di- ognize Dr. James B. Kliebenstein, professor of fact more evident than when insurgents in Iraq rectly traced to the servant leadership of Pas- Agricultural Economics at Iowa State Univer- began using improvised explosive devices to tor Battle and his family. sity, on receiving the 2008 Distinguished attack Humvees and other military vehicles. But Pastor Battle does not content himself Teaching Award from the American Agricul- The Army needed an immediate solution and with service in the church alone. A leader in tural Economics Association. I wish to express JMTC was the only manufacturing center the community, Pastor Battle has served in my appreciation for Dr. Kliebenstein’s dedica- ready and able to provide it. JMTC used their the Association of Christian Ministers of Clay- tion and commitment to fostering the edu- rapid-response design and manufacturing ca- ton County, and guided the creation of the cational development and personal growth of pacity to produce dozens of ‘‘up-armor kits’’ Clayton County Public Schools’ Mentorship Iowa students. before final engineering was even complete. In Forum. The forum includes business leaders, After obtaining a doctorate of Philosophy a matter of days the first armor kits were de- judicial system leaders, state and local elected from University of Illinois-Urbana, Dr. signed, produced, and on their way to Iraq. To officials and pastors who serve to mentor high Kliebenstein went on to work for Northwest date, JMTC has produced thousands of armor school students. Pastor Battle also led the call Missouri State University, the Department of kits and is poised to expand their armaments for incorporating the faith community in the Agricultural Economics and the School of Vet- development into new titanium and lightweight Clayton County youth offender program to erinary Medicine at the University of Wis- composite materials. allow churches to be involved in the juvenile consin-Madison, and University of Missouri- JMTC is truly a center of industrial and tech- offenders’ community service program. Columbia. For the past 22 years, Professor nological excellence. In 2006 and 2007 they Other examples of Pastor Battle’s Kliebenstein has contributed his time and tal- earned the Shingo Prize Public Sector Gold unshakable commitment to the 13th District ents to improving youths’ lives through edu- Medallion for the Forward Repair System, and the entire Atlanta area are Divine Faith cation and mentoring at Iowa State University. making JMTC the Army’s only two time winner Ministries International television broadcasts At Iowa State University, Dr. Kliebenstein of this prestigious award. JMTC has also met which reach thousands of homes weekly, a currently teaches agriculture business courses high work standards with the M119 Towed day care program—Divine Faith Ministries and advises undergraduate and graduate stu- Howitzer, gunner protection armor kit, shop Christian Academy, and the Divine Faith Min- dents. His excellence in teaching is affirmed equipment contact maintenance vehicle, and istries School of Biblical Studies. by the highly positive feedback from his stu- small arms parts program. Again Madam Speaker, I am honored to dents. For his Farm Planning and Organiza- Madam Speaker, the women and men at recognize this great man on his birthday. His tion class, Dr. Kliebenstein received a 100% JMTC are indispensable to our long-term na- presence, his purpose and his commitment to approval rating from all of his students. Pro- tional security. This facility is poised to de- service have blessed not only his family, his fessor Kliebenstein also conducts research on velop the materials and technologies we will friends and his congregation, but undoubtedly agricultural production technologies and the need to protect the United States for decades the entire world as the effects of his ministry costs and benefits of livestock production. to come. are felt in the hearts of thousands. Thank you Dr. Kliebenstein has truly made a lasting im- f for the opportunity to honor Pastor Donald pact on students, family, and faculty through- Battle, his family and Divine Faith Ministries out his illustrious career, and his passion for HONORING PASTOR DONALD BAT- International. TLE OF DIVINE FAITH MIN- teaching at Iowa State University is admirable. f I consider it an honor to represent Dr. James ISTRIES INTERNATIONAL B. Kliebenstein in the United States Congress, HONORING RYAN DANIEL SALMON and I wish him the best of luck in future en- HON. DAVID SCOTT deavors. OF GEORGIA HON. SAM GRAVES f IN THE HOUSE OF REPRESENTATIVES OF MISSOURI IN THE HOUSE OF REPRESENTATIVES HONORING THE JOINT MANUFAC- Tuesday, September 16, 2008 TURING AND TECHNOLOGY CEN- Mr. SCOTT of Georgia. Madam Speaker, I Tuesday, September 16, 2008 TER AT ROCK ISLAND ARSENAL rise today to honor a spiritual and community Mr. GRAVES. Madam Speaker, I proudly leader in my district, Pastor Donald Battle of pause to recognize, Ryan Daniel Salmon, a HON. BRUCE L. BRALEY Divine Faith Ministries International, on the oc- very special young man who has exemplified OF IOWA casion of his 54th birthday. the finest qualities of citizenship and leader- IN THE HOUSE OF REPRESENTATIVES Pastor Donald E. Battle and his wife of 34 ship by taking an active part in the Boy Scouts years, Gwen, along with their three adult of America, Troop 376, and in earning the Tuesday, September 16, 2008 daughters, TaVondria, Jamie, and Christin, are most prestigious award of Eagle Scout. Mr. BRALEY of Iowa. Madam Speaker, I all leaders of this life-changing body of believ- Ryan has been very active with his troop, rise today to thank and congratulate Colonel ers. I am proud that the southern campus of participating in many scout activities. Over the Craig Cotter and the dedicated working men Divine Faith Ministries International, along with many years Ryan has been involved with and women at the Joint Manufacturing and Divine Faith’s School of Biblical Studies, are scouting, he has not only earned numerous Technology Center located at the Rock Island both located in my district, the 13th Congres- merit badges, but also the respect of his fam- Arsenal federal campus. sional District of Georgia. ily, peers, and community. Since 1862 the Rock Island Arsenal has Pastor Battle is a native of Birmingham, Ala- Madam Speaker, I proudly ask you to join been providing the supplies and equipment bama, where he met and married his high me in commending Ryan Daniel Salmon for

● This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate Mar 15 2010 15:23 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00001 Fmt 0689 Sfmt 9920 E:\BR08\E16SE8.000 E16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19340 EXTENSIONS OF REMARKS, Vol. 154, Pt. 14 September 16, 2008 his accomplishments with the Boy Scouts of HONORING COLTON R. ZIRKLE of a fighter and she never failed to fight for America and for his efforts put forth in achiev- progressive values. She was a proud member ing the highest distinction of Eagle Scout. HON. SAM GRAVES of the Teamsters Union and an active and ar- OF MISSOURI dent Democrat. She worked hard to ensure f IN THE HOUSE OF REPRESENTATIVES that working families would have their voices heard. Our community will be forever grateful RECOGNIZING THE LIFE AND Tuesday, September 16, 2008 for Gladys’s civic activism and volunteerism. SERVICE OF THE LATE AUSTIN Mr. GRAVES. Madam Speaker, I proudly In addition to being a community activist, J. ‘‘SONNY’’ SHELTON pause to recognize, Colton R. Zirkle a very special young man who has exemplified the Gladys was an avid sports fan who always finest qualities of citizenship and leadership by looked forward to March Madness and rooting HON. MADELEINE Z. BORDALLO taking an active part in the Boy Scouts of for USC, the Los Angeles Lakers, the Los An- OF GUAM America, and in earning the most prestigious geles Dodgers, and the Green Bay Packers. Gladys also loved to travel. Her fondest IN THE HOUSE OF REPRESENTATIVES award of Eagle Scout. Colton has been very active with his troop, memories were of cruises to Alaska and trips Tuesday, September 16, 2008 participating in many scout activities. Over the to England and Ireland. Gladys loved to live life and she always did so with a cunning Ms. BORDALLO. Madam Speaker, I rise many years Colton has been involved with smile and fighting spirit. Gladys will always be today to recognize the life and service of the scouting, he has not only earned numerous late Austin J. ‘‘Sonny’’ Shelton, who passed merit badges, but also the respect of his fam- remembered and missed for the special joy away on September 7, 2008, after a long ill- ily, peers, and community. she brought us all. ness. Sonny was 59 years of age. Sonny was Madam Speaker, I proudly ask you to join Gladys will be remembered for her lifetime a member of the 19th Guam Legislature, from me in commending Colton R. Zirkle for his ac- dedication to her community and fighting spirit. complishments with the Boy Scouts of Amer- 1987 to 1989, where he served as the chair- She was a heartfelt champion of women and ica and for his efforts put forth in achieving the man of the Committee on Rules, vice chair- working families. I extend my sympathy to highest distinction of Eagle Scout. man of the Committee on Energy, Utilities and Gladys’s family in this difficult time, and espe- f Consumer Protection, secretary general to the cially to her beloved husband Frank Cannon Asian Pacific Parliamentarian’s Union and as PERSONAL EXPLANATION whom she greatly loved. Gladys will be dearly a member of the Association of Pacific Island missed. Legislators. HON. LINDA T. SA´ NCHEZ In 1995, Sonny was appointed as the direc- OF CALIFORNIA f tor of the Government of Guam’s Department IN THE HOUSE OF REPRESENTATIVES of Parks and Recreation and as the Guam CONGRATULATING COLBY Public Auditor from 1999 to 2000. In 2001 he Tuesday, September 16, 2008 COLLEGE MUSEUM OF ART served as the acting director of the Depart- Ms. LINDA T. SA´ NCHEZ of California. ment of Administration. Madam Speaker, unfortunately, I was unable After graduating from Father Duenas Memo- to be present in the Capitol on Monday, Sep- HON. MICHAEL H. MICHAUD rial High School in 1967, attending the Univer- tember 15, 2008, and was unable to cast OF MAINE sity of Guam and Texas State Technical Insti- votes on the House floor that evening. tute, Sonny returned to Guam and joined However, had I been present I would have IN THE HOUSE OF REPRESENTATIVES Shelton Music Company, his family’s busi- voted yea on H. Res. 1200—Honoring the Tuesday, September 16, 2008 ness. He later established AJS Incorporated dedication and outstanding work of military and expanded his business interests to in- support groups across the country for their Mr. MICHAUD. Madam Speaker, I rise clude other vending machines, amusement steadfast support of the members of our today to congratulate the Colby College Mu- devices and real estate. Armed Forces and their families; yea on H. seum of Art for being accredited by the Amer- Sonny Shelton was a civic minded individual Con. Res. 390—Honoring the 28th Infantry Di- ican Association of Museums, AAM. Accred- who devoted much time to community organi- vision for serving and protecting the United ited since 1995, and re-accredited recently, zations including the Benevolent and Protec- States; and yea on H.R. 6889—To extend the the museum joins 10 other museums from tive Order of Elks, and the Guam Shrine Club, authority of the Secretary of Education to en- Maine and 775 nationwide to receive this Aloha Temple. He was a volunteer for the Uni- sure continued access to Federal student honor. Accreditation recognizes the Colby Col- versity of Guam’s 4–H Summer Youth Fishing loans, for 1 year. lege museum’s commitment to public service, Program. He served as president of the Father f professional standards, and excellence in edu- Duenas Memorial School’s Football Booster RECOGNIZING THE PASSING OF cation. Club. He was active in his church where he GLADYS CANNON The Colby College Museum of Art is a pow- served as a brother of the 2nd Community of erful community presence and leader in com- the Neo-Catechumenal Way of Nino Perdido Catholic Parish in Asan. HON. HILDA L. SOLIS municating the value and importance of art. OF CALIFORNIA The museum is more than just a collection of Sonny was an avid fisherman who partici- IN THE HOUSE OF REPRESENTATIVES great works of art; it is also an incredible edu- pated in many deep sea fishing events and his cational resource for the state of Maine. It of- love of outdoor sports extended to off-road Tuesday, September 16, 2008 fers hands-on workshops, morning story times racing where he enjoyed success as a driver. Ms. SOLIS. Madam Speaker, I rise today to for children and various lectures from faculty Austin J. ‘‘Sonny’’ Shelton was the only pay tribute to a dear friend and lifelong Demo- at Colby, visiting speakers, and student child of the late Austin James Shelton, a suc- crat, Gladys Cannon, who passed away on docents. cessful Guam entrepreneur and Amanda September 8, 2008, at her home in West Co- Pangelinan Guzman Shelton, a professional vina, California. Gladys was a beloved wife, The Colby College Museum of Art extends nurse. He is survived by his widow, Graciella mother, friend, activist, and community leader its reach far beyond the Colby College cam- Shinohara Shelton, his children, and their who will be missed by her peers and the be- pus, sharing its astounding collection with spouses, Raymond and Melinda Shelton Slat- loved community she devoted her life to serv- community members of all ages and providing tery; Madeleine Shelton, Austin Shelton II, and ing. I am proud to have called Gladys my a place for study for faculty and students. I Amanda Shelton; and his grandchildren Trini- friend and I join her husband Frank and her have no doubt that the museum will continue dad, Kaya, Mariana, Raymond and Gabryelle. family in mourning her passing. this mission of service and education well into He is dearly missed by his family and friends, Throughout her life, Gladys never failed to the future, and congratulate the museum once and our community extends our sympathy to become involved in helping her community. again on this deserved accreditation by the them. She had the heart of an activist and the soul American Association of Museums.

VerDate Mar 15 2010 15:23 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00002 Fmt 0689 Sfmt 9920 E:\BR08\E16SE8.000 E16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 EXTENSIONS OF REMARKS, Vol. 154, Pt. 14 19341 HONORING ALEXANDER J. In addition to raising her family and church many years to come. A much larger, formal EICHSTADT duties, Mary Jo found time to be president of ceremony will be held on October 25, 2008. the local PTA and contribute in various ways According to historian and U.S. Navy Re- HON. SAM GRAVES to the educational system throughout her life. tired CDR Doug Seigfried, the 65-year-old OF MISSOURI She also loved to sing and did so on local NAS Whiting Field is the busiest field in the IN THE HOUSE OF REPRESENTATIVES radio stations and at numerous weddings and Training Command and home to Training Wing Five’s three T–34C primary/intermediate Tuesday, September 16, 2008 funerals. Mary Jo Sharpe was a graceful, friendly, maritime prop squadrons, two TH–57B/C Sea Mr. GRAVES. Madam Speaker, I proudly caring, patriotic, beautiful woman. She be- Ranger helicopter training squadrons and the pause to recognize, Alexander J. Eichstadt, a lieved that ‘‘positive things happen to positive helicopter and fixed-wing instructor instruc- very special young man who has exemplified people’’. Mary Jo was a Christian woman and tional units. Eighty-three percent of all student the finest qualities of citizenship and leader- an angel on earth and she is now basking in Naval aviators conduct a portion of their initial ship by taking an active part in the Boy Scouts the glory of her Savior. flight training at Whiting, which averages over of America, Troop 1138, and in earning the Madam Speaker, I ask my colleagues to join 350 flights a day. most prestigious award of Eagle Scout. me in honoring the memory of Mary Jo Construction began on the largest of Pensa- Alexander has been very active with his Sharpe. She will be sorely missed, but her cola’s auxiliary fields in early 1943 and was troop, participating in many scout activities. legacy and character will continue to live on in completed in November. The new field, lo- Over the many years Alexander has been in- the hearts and minds of her loving family and cated 35 miles northeast of Pensacola and 6 volved with scouting, he has not only earned friends. miles north of Milton, was planned to incor- numerous merit badges, but also the respect porate two individual fields about a mile from f of his family, peers, and community. one another with base facilities located be- Madam Speaker, I proudly ask you to join PERSONAL EXPLANATION tween them. Both Whiting’s North and South me in commending Alexander J. Eichstadt for Fields featured four 6,000-foot runways, a his accomplishments with the Boy Scouts of HON. TIMOTHY V. JOHNSON large parking mat and two big red-brick, hang- America and for his efforts put forth in achiev- ars. Despite the fact that construction was not OF ILLINOIS ing the highest distinction of Eagle Scout. yet complete and assigned personnel were IN THE HOUSE OF REPRESENTATIVES f temporarily living in tents, the field was offi- Tuesday, September 16, 2008 cially dedicated by RADM George D. Murray, TRIBUTE TO MARY JO SHARPE Mr. JOHNSON of Illinois. Madam Speaker commandant of the Naval Air Training Center, unfortunately last night, September 15, 2008, Pensacola, on July 16, 1943. In attendance at HON. HAROLD ROGERS I was unable to cast my votes on H. Res. the ceremony was the recent widow of Cap- OF KENTUCKY 1200, H. Con. Res. 390, and H.R. 6889, and tain Kenneth Whiting, Naval Aviator Number IN THE HOUSE OF REPRESENTATIVES 16, for whom the field was named. wish the RECORD to reflect my intentions had Fifteen days earlier, SNJs (the Navy’s Tuesday, September 16, 2008 I been able to vote. version of the North American T–6 Texan) of Had I been present for rollcall No. 589 on Mr. ROGERS of Kentucky. Madam Speaker, VN–3A and VN–3B from Chevalier and suspending the rules and passing H. Res. I rise today to pay tribute to Mary Jo Sharpe, Saufley Fields had arrived at their new South a shining example of a true lady, in my home- 1200, honoring the dedication and outstanding Field home to inaugurate operations in basic town of Somerset, Kentucky. Sadly, Mary Jo work of military support groups across the and radio instrument instruction as part of the passed away on July 8, 2008, at the age of country for their steadfast support of the mem- intermediate phase of the World War II train- 76. bers of our Armed Forces and their families, I ing program. With the two fields comp1eted, Mary Jo and her husband of 58 years, Jim would have voted ‘‘aye.’’ VN–8C and its large fleet of SNBs (Navy des- Sharpe, are lifelong residents of Pulaski Coun- Had I been present for rollcall No. 590 on ignated Beech Aircraft TC–45s) arrived at ty, Kentucky. Together, they were one of the suspending the rules and passing H. Con. North Field from NAS Corry in November most thriving and generous entrepreneurial Res. 390, honoring the 28th Infantry Division 1943. The squadron moved back to Corry in couples that Southern Kentucky has ever for serving and protecting the United States, I December 1944 and was replaced by oper- seen. Through hard work during their life to- would have voted ‘‘aye.’’ ational training squadron VB4 OTU 4, flying gether they started and operated numerous Had I been present for rollcall No. 591 on Consolidated PB4Y–l Liberators. With all the successful business ventures. They led a dis- suspending the rules and passing H.R. 6889, multi-engine and basic instrument instruction tinguished career in grocery and food retail to extend the authority of the Secretary of conducted at the base, a large building was business, automobile dealerships, marinas, Education to purchase guaranteed student constructed to house the numerous Link train- restaurants, and most notably the houseboat loans for an additional year, and for other pur- ers and six big Link celestial navigation train- industry where Jim and Mary Jo are recog- poses, I would have voted ‘‘aye.’’ ers manned by WAVES (Women Accepted for nized as the pioneers of the industry. f Volunteer Emergency Service). As successful as Mary Jo and Jim were in After the war, Whiting became a naval air IN RECOGNIZING OF THE 65TH AN- their business life, their real sense of pride station under control of the new Naval Air Ad- NIVERSARY OF NAVAL AIR STA- and love was found in their family. They raised vanced Training Command, Jacksonville, Flor- TION WHITING FIELD four children and nine grandchildren. Mary Jo, ida. Based at Whiting from 1946 to almost the or ‘‘Mim’’ as her grandchildren call her, was a end of 1947 were VB–2 and VB–4 advanced loving wife, mother, grandmother and the rock HON. JEFF MILLER training units flying Consolidated PB4Y–2 Pri- of the family. She was the heart, soul and OF FLORIDA vateers and Lockheed PV–2 Venturas; the ad- guiding light helping to lead her children and IN THE HOUSE OF REPRESENTATIVES vanced carrier qualification and Landing Sig- grandchildren through the trials and tribu- Tuesday, September 16, 2008 nals Officer training unit flying F6F Hellcats, lations of life. ‘‘Mim’’ was the eternal optimist SB2C Helldivers, TBM Avengers and SNJ–3/ always giving encouraging advice and making Mr. MILLER of Florida. Madam Speaker, I 5Cs; and two photo training units flying the those around her a better person. rise to honor the 65th anniversary of Naval Air PB4Y–IP and F6F–5P. Mary Jo’s other great love was for her Station, NAS, Whiting Field. The anniversary Over the next several years, Whiting sur- church, First Baptist Church of Somerset. Jim was quietly marked by a simple cake-cutting vived through reorganization of its missions and Mary Jo were married at First Baptist ceremony attended by over 100 northwest and promotion of its newer facilities and longer Church on April 4th, 1950. She was a lifelong Florida dignitaries, Navy and Marine Corps runways. The first jets assigned to the Train- member and taught the junior and senior girls League representatives, military personnel, ing Command were sent to Whiting Field in Sunday school class. Mary Jo was instru- Government civilians, and other base employ- July 1948. From 1951 to 1956 Whiting Field mental in the construction of the new sanc- ees on July 16, 2008. This ceremony cele- devoted its total efforts to primary instruction. tuary for the church and was also the ‘‘Happy brated a long-lasting friendship between the It was during this period that the Training Birthday Voice’’ for First Baptist’s outreach base and surrounding community and served Command introduced new aircraft, consoli- program. to further forge their wonderful relationship for dated bases and made major syllabus

VerDate Mar 15 2010 15:23 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00003 Fmt 0689 Sfmt 9920 E:\BR08\E16SE8.000 E16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19342 EXTENSIONS OF REMARKS, Vol. 154, Pt. 14 September 16, 2008 changes to respond to the Navy’s predomi- In June 1986, Governor Dick Riley tapped house’’; and 569, the Child Soldiers Account- nantly jet-equipped air wings and squadrons. Howard to serve as his executive assistant. In ability Act of 2007. In addition, in December 1959, the multi-en- 1987, he was appointed to the South Carolina Had I been present, I would have voted gine training group, METG, the pre-helicopter Tax Commission, and later that year, he be- ‘‘yea’’ on rollcall votes 567, 568, and 569. instrument phase, moved its operations to came the director of Intergovernmental Rela- Whiting from Forrest Sherman NAS Pensa- tions for the South Carolina Municipal Asso- f cola. ciation. This move became Howard’s calling During the 1960s, Whiting concentrated on for the rest of his career. In 1992, he became PERSONAL EXPLANATION T–28 basic prop training and in January 1965 the executive director of the Municipal Asso- began parallel T–28 basic instructional pro- ciation, and has remained in that post for the grams due to the increased number of stu- last 16 years. HON. DAVID G. REICHERT dents required to meet the augmented pilot During this time, Howard’s family has been OF WASHINGTON training rate prompted by the Vietnam war. In his source of support. He has been married to 1965, the field underwent a major facelift as Allianne Turner since 1965, and the two are IN THE HOUSE OF REPRESENTATIVES new living spaces replaced old WW II-era the proud parents of two daughters and the Tuesday, September 16, 2008 ‘‘splintervilles,’’ together with a new training grandparents of two. building and upgrades to both fields’ runways Madam Speaker, I invite you and my col- Mr. REICHERT. Madam Speaker, on Sep- and ramp areas. leagues to join me today in congratulating tember 15, 2008, I missed three rollcall votes. In January 1972, as a result of yet another Howard Duvall for an outstanding career of Had I been present, I would have voted ‘‘yea’’ major reorganization of the Training Com- public service. Howard has demonstrated a on H. Res. 1200, ‘‘yea’’ on H. Con. Res. 390 mand, Whiting Field became the home of strong commitment to the small cities and and ‘‘yea’’ on H.R. 6889. Training Air Wing 5. After 30 years of working towns that make South Carolina such a won- with fixed-wing aviators, Whiting began rotary- derful place to live, work and recreate. His f wing activities. In November 1977, the first of leadership has made our State and Nation a the new T–34C Turbo Mentors arrived at better place, and his daily guidance will be COMMEMORATING THE 60TH ANNI- Training Air Wing 5 to replace the primary- sorely missed. I am proud to call Howard a VERSARY OF THE ACADEMY OF phase T–34B and the basic-phase T–28. By friend, and I wish him a wonderful retirement OUR LADY OF GUAM 1983, the last T–28 had been retired and all and much happiness in his future endeavors. three North Field squadrons conducted pri- f mary and intermediate prop training. In the HON. MADELEINE Z. BORDALLO 1990s, VT–3’s Red Knights were designated HONORING ROBERT AMSDEN OF GUAM as the first joint primary training squadron. The era of joint Navy/USAF flight training had HON. SAM GRAVES IN THE HOUSE OF REPRESENTATIVES begun. OF MISSOURI Tuesday, September 16, 2008 Madam Speaker, no one can deny the hon- IN THE HOUSE OF REPRESENTATIVES orable and significant contributions NAS Whit- Ms. BORDALLO. Madam Speaker, I rise ing Field has made since it was dedicated in Tuesday, September 16, 2008 today to congratulate the students, administra- 1943. On behalf of the United States Con- Mr. GRAVES. Madam Speaker, I proudly tors, staff, and alumni of the Academy of Our gress and a grateful Nation, I wish to thank pause to recognize, Robert Amsden a very Lady of Guam (AOLG) as they celebrate their the men and women on NAS Whiting Field, special young man who has exemplified the sixtieth anniversary. Founded in September 8, both past and present, for 65 years of unwav- finest qualities of citizenship and leadership by 1948 by Bishop Apollinaris William ering support of our Nation’s defense. taking an active part in the Boy Scouts of Baumgartner, OFM Cap. and Sister Inez f America, Troop 376, and in earning the most Underwood, RSM the AOLG is renowned for its college preparatory curriculum and con- TRIBUTE TO HOWARD DUVALL, JR. prestigious award of Eagle Scout. Robert has been very active with his troop, tinues as the sole Catholic high school for HON. JAMES E. CLYBURN participating in many scout activities. Over the young women on Guam. many years Robert has been involved with OF SOUTH CAROLINA The AOLG is named after the patron saint scouting, he has not only earned numerous IN THE HOUSE OF REPRESENTATIVES of Guam, Santa Marian Kamalan, also known merit badges, but also the respect of his fam- as Our Lady of Camarin. The 300 year old Tuesday, September 16, 2008 ily, peers, and community. statue of Our Lady of Camarin is an icon in Mr. CLYBURN. Madam Speaker, I rise Madam Speaker, I proudly ask you to join Chamorro culture. The AOLG lives the name today to pay tribute to a tremendous public me in commending Robert Amsden for his ac- of Our Lady of Camarin through the school’s servant, Howard Duvall, Jr. After 21 years of complishments with the Boy Scouts of Amer- Christian centered approach to education and stellar service and visionary leadership, How- ica and for his efforts put forth in achieving the through a curriculum focusing on the develop- ard is retiring from the South Carolina Munic- highest distinction of Eagle Scout. ment of the overall well being of its students. ipal Association. His retirement is a great loss f The AOLG continues to excel in both aca- to the cities and towns of South Carolina, but PERSONAL EXPLANATION demics and athletics. Over 90 percent of we thank Howard for his dedication for so AOLG graduates pursue post-secondary edu- many years. cation, and a growing number are accepted by Howard Duvall is a product of the small HON. CAROLYN B. MALONEY the leading educational institutions. South Carolina town of Cheraw, known to OF NEW YORK More so, the AOLG has produced distin- many as the birthplace of music legend Dizzy IN THE HOUSE OF REPRESENTATIVES Gillespie. Howard left Cheraw to pursue an guished alumni in the fields of law, medicine, education, earning a B.A. in political science Tuesday, September 16, 2008 government, and engineering, as well as lead- from the Citadel and an M.P.A. from the Uni- Mrs. MALONEY of New York. Madam ers in the business community. versity of South Carolina. He served his coun- Speaker, on September 9, 2008, I missed roll- I commend the Academy of Our Lady of try in the U.S. Air Force for 4 years, and con- call votes numbered 567, bill to designate the Guam for its 60 years of continued service tinued his service a a member of the South United States courthouse located in the 700 and excellence to the people of Guam. I con- Carolina Air National Guard for 3 years. How- block of East Broad Street, Richmond, Vir- gratulate Academy of Our Lady of Guam ard returned to Cheraw to work in his family’s ginia, as the ‘‘Spottswood W. Robinson III and President, Sr. Francis Jerome Cruz, R.S.M. hardware business, and launched a life of Robert R. Merhige, Jr., United States Court- and Principal Mary Meeks for their steward- public service soon thereafter. In 1974, How- house’’, 568, a bill to designate the United ship in the education of Guam’s exceptional ard was elected a member of the Cheraw States courthouse located at 225 Cadman women. God bless the Academy of Our Lady Town Council. Six years later, he was elected Plaza East, Brooklyn, New York, as the of Guam and may they enjoy many more mayor of his beloved hometown. ‘‘Theodore Roosevelt United States Court- years of service to the people of Guam.

VerDate Mar 15 2010 15:23 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00004 Fmt 0689 Sfmt 9920 E:\BR08\E16SE8.000 E16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 EXTENSIONS OF REMARKS, Vol. 154, Pt. 14 19343 CONGRATULATING CARLOS Rollcall vote 567—S. 2403—A bill to des- Rollcall vote 590—H. Con. Res. 390, Hon- ZAMBRANO ON PITCHING A NO- ignate the new Federal Courthouse, located in oring the 28th Infantry Division for serving and HITTER the 700 block of East Broad Street, Richmond, protecting the United States—‘‘yes.’’ Virginia, as the ‘‘Spottswood W. Robinson III Rollcall vote 591—H.R. 6889, To extend the HON. RAHM EMANUEL and Robert R. Merhige, Jr. Federal Court- authority of the Secretary of Education to pur- OF ILLINOIS house’’—‘‘yes.’’ chase guaranteed student loans for an additional year, and for other purposes—‘‘yes.’’ IN THE HOUSE OF REPRESENTATIVES Rollcall vote 568—S. 2837—A bill to designate the United States courthouse located at f Tuesday, September 16, 2008 225 Cadman Plaza East, Brooklyn, New York, HONORING STEPHEN LEE DODSON Mr. EMANUEL. Madam Speaker, I rise as the ‘‘Theodore Roosevelt United States today to congratulate Carlos Zambrano of the Courthouse’’—‘‘yes.’’ Chicago Cubs on his no-hitter against the Rollcall vote 569—S. 2135—Child Soldiers HON. SAM GRAVES Houston Astros on Sunday. In addition to Accountability Act—‘‘yes.’’ OF MISSOURI being Zambrano’s first no-hitter, it was also Rollcall vote 570—H. Con. Res. 344—Rec- IN THE HOUSE OF REPRESENTATIVES the first no-hitter pitched by a Cub since 1972 ognizing that we are facing a lobal food cri- Tuesday, September 16, 2008 sis—‘‘yes.’’ and only the second in the majors this season. Mr. GRAVES. Madam Speaker, I proudly Rollcall vote 571—H. Res. 937—Expressing In throwing what some are calling a pause to recognize, Stephen Lee Dodson a the sense of the House of Representatives Zambrano-no, he led the Cubs in a 5–0 victory very special young man who has exemplified that the emergency communications services at Miller Park in Milwaukee. the finest qualities of citizenship and leader- provided by the American Red Cross are vital Perhaps most remarkable about Zambrano’s ship by taking an active part in the Boy Scouts resources for military servicemembers and performance on Sunday is the unusual cir- of America, Troop 376, and in earning the their families—‘‘yes.’’ cumstances surrounding the game. Not only most prestigious award of Eagle Scout. Rollcall vote 572—H. Res. 1069—Con- had Zambrano missed the last two weeks of Stephen has been very active with his troop, demning the use of television programming by games with a sore rotator cuff, but the devas- participating in many scout activities. Over the Hamas to indoctrinate hatred, violence, and tation wrought by Hurricane Ike in Houston many years Stephen has been involved with anti-Semitism toward Israel in young Pales- also forced Major League Baseball to relocate scouting, he has not only earned numerous tinian children—‘‘yes.’’ the game to Milwaukee. The crowd of over merit badges, but also the respect of his fam- Rollcall vote 573—H. Res. 1307—Com- 23,000 was comprised of a lot of Cubs fans, ily, peers, and community. and all of us Cubs fans are thankful that the memorating the Kingdom of Bhutan’s partici- Madam Speaker, I proudly ask you to join Brewers opened up Miller Park for the occa- pation in the 2008 Smithsonian Folklife Fes- me in commending Stephen Lee Dodson for sion, and more importantly, we are thankful tival and commending the people and the his accomplishments with the Boy Scouts of that the Astros players, fans and families were Government of the Kingdom of Bhutan for America and for his efforts put forth in achievable to take their minds off of the storm for a their commitment to holding elections and ing the highest distinction of Eagle Scout. few hours to share baseball history with us. broadening political participation—‘‘yes.’’ f Carlos Zambrano made his major league Rollcall vote 574—H.R. 6168—Lance Cor- debut for the Cubs in 2001 as a 20-year-old poral Drew W. Weaver Post Office Building— RECOGNIZING THE 10TH ANNIVER- and has spent his entire professonal career ‘‘yes,’’ SARY OF THE RARE FOUNDA- thus far with my hometown Chicago Cubs. He Rollcall vote 575—H.R. 6630—To prohibit TION quickly made his mark as a premier pitcher in the Secretary of Transportation from granting the league, earning a spot as a starter in 2003 authority to a motor carrier domiciled in Mex- HON. JOE KNOLLENBERG and becoming the youngest Chicago Cub to ico to operate beyond United States munici- OF MICHIGAN pitch in an All-Star Game the next season. He palities and commercial zones on the United IN THE HOUSE OF REPRESENTATIVES is known not only for his abilities on he States-Mexico border unless expressly author- Tuesday, September 16, 2008 mound, but also for his enthusiasm for the ized by Congress—‘‘yes.’’ game and his prowess with the bat. Rollcall vote 576—H. Res. 1419—On Order- Mr. KNOLLENBERG. Madam Speaker, I On Sunday, Zambrano struck out 10 and ing the Previous Question Providing for con- want to recognize the RARE Foundation in walked one and was aided by the stellar de- sideration of H.R. 3667, Missisquoi and Trout Troy, Michigan as they celebrate their 10th fense of his teammates—specifically Derek Rivers Wild and Scenic River Study Act of Anniversary on September 16, 2008. The Lee and Mark DeRosa, who both made great 2008—‘‘yes.’’. foundation’s work for Michigan’s youth has plays to keep the no-hitter alive. But in the Rollcall vote 577—H. Res. 1419—On changed lives and inspired future generations end, Zambrano showed that his shoulder was Agreeing to the Resolution Providing for con- of leaders. A–OK as he continued to throw pitches up- sideration of H.R. 3667, Missisquoi and Trout The RARE Foundation was founded in 1998 ward of 95 miles per hour into the 9th inning, Rivers Wild and Scenic River Study Act of by Gilbert Cox, Jr. with the mission to inspire striking out the final batter of the game en 2008—‘‘yes.’’ Michigan’s youth to see possibilities through route to his 14th victory of the season, putting Rollcall vote 578—H.R. 1527, The Rural the real-world examples of everyday heroes. the Cubs 71⁄2 games up in the National Veterans Access to Care Act—‘‘yes.’’ RARE highlights the lives and life lessons of League Central Division going into today’s Rollcall vote 579—S. 2617, The Veterans everyday people in the workplace who, game. Compensation Cost-of-Living Adjustment Act through extraordinary commitment, integrity, Madam Speaker, on behalf of the Cubs’ of 2008—‘‘yes.’’ selflessness, and courage, are changing lives neighbors in Lakeview and throughout Rollcall vote 580—H.R. 3667, On Motion and inspiring others. In addition, the founda- Chicagoland, I congratulate Carlos Zambrano that the Committee Rise—‘‘yes.’’ tion provides a forum for these extraordinary and all of his Chicago Cubs teammates the Rollcall vote 581—Grijalva of Arizona individuals to reach out to Michigan’s youth first Cubs no-hitter in 36 years. Amendment to H.R. 3667—‘‘yes.’’ and teach, by example, their compelling les- f Rollcall vote 582—H.R. 3667—Table Appeal sons for life’s venture. of the Ruling of the Chair—‘‘yes.’’ Throughout the years, the foundation’s pro- PERSONAL EXPLANATION Rollcall vote 583—H.R. 3667—On passage grams have engaged young people in the of the Missisquoi and Trout Rivers Wild and process of discussion, discovery, and writing HON. PAUL W. HODES Scenic River Study Act of 2008—‘‘yes.’’ about everyday heroes in their communities to OF NEW HAMPSHIRE Rollcall vote 584—H.R. 4081, The Prevent help them see possibilities and make the con- IN THE HOUSE OF REPRESENTATIVES All Cigarette Trafficking Act of 2007—‘‘yes.’’ nection between fulfilling careers and mean- Rollcall vote 589—H. Res. 1200, Honoring ingful lives. They have done so by providing Tuesday, September 16, 2008 the dedication and outstanding work of military grants for teachers and mentoring programs to Mr. HODES. Madam Speaker, due to illness support groups across the country for their reinforce character education and strengthen that required hospitalization, I missed the fol- steadfast support of the members of our the basic curriculum at a time of severe pro- lowing votes. I would have voted as follows: Armed Forces and their families—‘‘yes.’’ gram, cutback and budget reductions in our

VerDate Mar 15 2010 15:23 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00005 Fmt 0689 Sfmt 9920 E:\BR08\E16SE8.000 E16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19344 EXTENSIONS OF REMARKS, Vol. 154, Pt. 14 September 16, 2008 schools. The foundation has also started an HONORING MARGARET MEHRING IN TRIBUTE TO JIM KROG At-Risk Community Outreach program in collaboration with educational, business, commu- HON. LOIS CAPPS HON. KATHY CASTOR nity, and mentoring organizations designed to OF FLORIDA OF CALIFORNIA bring certainty of opportunity to urban youth. IN THE HOUSE OF REPRESENTATIVES At a time when material things have re- IN THE HOUSE OF REPRESENTATIVES Tuesday, September 16, 2008 placed character as the currency for meas- Tuesday, September 16, 2008 uring success, the RARE Foundation has Ms. CASTOR. Madam Speaker, I rise today stepped in to reinforce the idea strong morals Mrs. CAPPS. Madam Speaker, thank you in honor of a great Floridian and American, and character are imperative to achievement. for this opportunity to speak today about my James Byron ‘‘Jim’’ Krog. The State of Florida In fact, their programs have proven to be so dear friend Margaret Mehring, who passed suffered a great loss on September 4, 2008, successful that they should serve as a model away on July 3, 2008. Margaret was someone when he passed away. to be followed by other communities. that we all want to—and need to—remember. Mr. Krog devoted a large part of his profes- Madam Speaker, the RARE Foundation She was an educator, filmmaker and author. sional career to public service. Krog served as continues to educate and enrich the lives of She was a political activist, fighting against the chief of staff for the Honorable Lawton Chiles, young people in Michigan. I wish to congratu- McCarthy era excesses and standing firm for Governor of Florida, with a landmark new late them and the many volunteers on their the freedoms we cherish in this country. commitment to children’s healthcare. He also worked as a top aide to Governor Reubin 10th Anniversary and hope for many years of She also worked hard to help Native Ameri- Askew. He started in government relations in prosperity. cans tell their own stories, with her work being Tallahassee, which he returned to after work- expanded to the founding of the Media Train- ing for Governor Chiles. As a founding mem- f ing Development Program for Tribal College ber of the Florida Association of Professional around the country. She managed political 40TH ANNIVERSARY OF THE Lobbyists, he recognized the importance of campaigns and even wrote a pamphlet about KENNEDY POLITICAL UNION improving the public image of his profession. running grassroots campaigns that I got into Known for being a congenial man with a great the hands of top Democrats in Washington. sense of humor, Mr. Krog would battle against HON. JAMES P. McGOVERN How many of her lessons are finding their way a political rival in the Capitol and then meet OF MASSACHUSETTS into this election, I often wonder. IN THE HOUSE OF REPRESENTATIVES him or her afterwards to laugh it off. Margaret Mehring was all this and much, A Tampa native and graduate of the Univer- Tuesday, September 16, 2008 much more. She was a friend, a mentor, an sity of South Florida, Mr. Krog made time always present conscience to many of us in Mr. MCGOVERN. Madam Speaker, 40 each semester to return to his alma mater to this room. Margaret and I became friends years ago today a tradition began at the offer advice and encouragement to students when my late husband Walter was beginning American University in Washington, DC. That interested in beginning a career in government his improbable run for Congress. That was tradition, which I am proud to say I was and or politics. After students graduated and came back in 1994. Long before most people even continue to be a part of, began when Theo- to Tallahassee to start jobs, he would mentor knew who Walter was, Margaret was one of dore Sorensen became the first speaker at the them. Now hundreds of USF students are his strongest supporters. She and Walter— Kennedy Political Union at American Univer- working in government and public policy. They and I—connected on a very deep level. She sity. I rise today to honor and recognize this are a living legacy of his dedication to public understood the importance of building a com- institution for both its excellence and longevity. service. munity of hope and purpose. But she also The Kennedy Political Union was founded to Madam Speaker, Jim Krog will be greatly knew the value of organizing a community take advantage of American University’s missed by the State of Florida. My thoughts around an idea or, in this case, a person and Washington, DC location. Since its inception are with his wife, Louella, and his son, Chris- political movement. Margaret dedicated herself the Kennedy Political Union has been student- topher. to organizing and turning out the vote for Wal- run, student-funded, and non-partisan in its f ter so he would be elected to Congress. commitment to connecting American Univer- She was someone who really recognized IN HONOR OF 2008 HISPANIC sity students with the most compelling speak- HERITAGE MONTH ers on a wide variety of issues. the importance of grassroots organizing, mobi- Past speakers at the Kennedy Political lizing a community, and turning out the vote. Union have included Former Soviet Premier She was instrumental in galvanizing many of HON. DENNIS J. KUCINICH OF OHIO Mikhail Gorbachev, His Holiness the 14th her friends and neighbors to support Walter’s, IN THE HOUSE OF REPRESENTATIVES Dalai Lama, and Secretaries of State Mad- and later my, candidacy. And I will always be eleine Albright and Colin Powell, among hun- deeply grateful to the tireless work she de- Tuesday, September 16, 2008 dreds of others who have come to share their voted to my campaigns. Mr. KUCINICH. Madam Speaker, I rise views and experiences with thousands of But what makes me remember Margaret today in honor of the 2008 Hispanic Heritage American University students. and miss her was larger than the help she Month, as we celebrate the members of this As Director for the 1980–81 Kennedy Polit- provide Walter and me, as important as that community and their invaluable contributions ical Union Lecture Series, I hosted Israeli poli- was. to the Greater Cleveland Area and to our tician and diplomat Abba Eban; former Attor- Margaret’s work was dedicated as much to country. I also rise in honor of Senator Ken- ney General Ramsey Clark; Alger Hiss; U.S. strengthening our democratic traditions and neth McClintock, and in recognition of his im- Senators Howard Baker, Strom Thurmond and our civil society as it was to any one can- measurable accomplishments as President of George McGovern, and others. The experi- didate. She was concerned about the vitality the Puerto Rican Senate. Senator McClintock ence was a formative one for me, and I to this of our democracy and the health of our soci- is the keynote speaker at the kick-off cere- day have maintained my ties with the Kennedy ety. Ensuring that we leave this wonderful mony of the 2008 Hispanic Heritage Month in Political Union and my alma mater. Earth a better place than we found it was what Cleveland, Ohio. With today, September 16, 2008 marking drove her every day. Clearly Margaret was a Hispanic Heritage Month celebrates and illu- the 40th Anniversary of the Kennedy Political valuable member of the Democratic party, but minates the significant contributions that Union, I want to congratulate each of the Di- more importantly she was an asset to the Americans of Hispanic heritage have made in rectors who have promoted the organization’s Democratic process. all aspects of American culture. Hispanic commitment to the expansion of political I will miss Margaret dearly, I already do. But Americans have contributed immeasurably to awareness and engagement. I want to thank I carry with me—every day—the lessons of the fields of law, medicine and education, and the speakers who have made the organization her commitment to her community, her dedica- have shared their diverse and rich culture with what it is today, many of whom are former or tion to making the world a better place. It is a us all through fine arts and music. Americans current members of this body. And lastly I source of strength and a constant inspiration of Hispanic descent have served our country want to wish the Kennedy Political Union con- to me. Thank you for letting me offer my in numerous ways—as elected officials, teach- tinued success now and in the future. thoughts today. ers, musicians, veterans, community activists,

VerDate Mar 15 2010 15:23 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00006 Fmt 0689 Sfmt 9920 E:\BR08\E16SE8.000 E16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 EXTENSIONS OF REMARKS, Vol. 154, Pt. 14 19345 and dedicated employees in virtually every staff, and alumni that continue to show the Charlotte is the Vice Chairperson of the sector of the economy. Their longstanding character and success of Father Duenas Me- Board of Stewards at Quinn Chapel AME commitment to social justice and to sharing morial School. As the school celebrates its 60 Church and has been an active member for their diverse culture with friends and neighbors Years of Excellence, I congratulate Archbishop 40 years, She has also worked as a Home has been an invaluable addition to Cleveland’s Anthony Apuron, Father Duenas Memorial Counselor in the Mott Foundation program diverse social fabric. School Principal, Mr. Willaim Roth, the faculty and taught Bishop sewing classes. Madam Speaker and colleagues, please join and staff, and the various orders and Madam Speaker, I ask the House of Rep- me in honor and in celebration of this year’s laypeople who have educated many of resentatives to stand and applaud the work of Hispanic Heritage Month and in recognition of Guam’s outstanding young men since October one of the pioneers for political equality, Char- Senator Kenneth McClintock for his dedication 1, 1948. May Father Duenas Memorial School lotte Williams. I commend her for her courage, to public service. I am deeply grateful for the enjoy many more years of service to our com- insight, and work to improve the quality of life outstanding contributions made by Hispanic munity. in Genesee County. May she continue her Americans in my district and around the coun- f work for many, many years to come. try. f f HONORING ANDREW NELSON IN SYMPATHY FOR THE LOSS OF COMMEMORATING THE 60TH ANNI- HON. SAM GRAVES FORMER KIRKWOOD MAYOR VERSARY OF FATHER DUENAS OF MISSOURI MIKE SWOBODA MEMORIAL SCHOOL IN THE HOUSE OF REPRESENTATIVES HON. MADELEINE Z. BORDALLO Tuesday, September 16, 2008 HON. W. TODD AKIN OF MISSOURI OF GUAM Mr. GRAVES. Madam Speaker, I proudly IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES pause to recognize Andrew Nelson of Smith- Tuesday, September 16, 2008 ville, Missouri. Andrew is a very special young Tuesday, September 16, 2008 man who has exemplified the finest qualities Mr. AKIN. Madam Speaker, I rise today to Ms. BORDALLO, Madam Speaker, I rise of citizenship and leadership by taking an ac- today to congratulate the students, administra- recognize and honor a man of passion, spirit tive part in the Boy Scouts of America, Troop and service—former Kirkwood Mayor Mike tors, staff and alumni of Father Duenas Me- 1360, and earning the most prestigious award morial School, FDMS, as they celebrate the Swoboda, who struggled against incredible of Eagle Scout. odds after tragedy and on September 6, 2008, school’s 60th anniversary. Founded in 1948, Andrew has been very active with his troop, was released from his suffering and went by Bishop Apollinaris Baumgartner, OFM participating in many scout activities. Over the Home. Cap., as an institution to prepare young men many years Andrew has been involved with Mike Swoboda will be remembered for his for the priesthood, FDMS has evolved to a 4 scouting, he has not only earned numerous innovation in the city of Kirkwood, Missouri, year college preparatory high school rooted in merit badges, but also the respect of his fam- creating ‘‘Mayor for a Day’’ program for the Catholic faith. ily, peers, and community. youths, his endless enthusiasm for all things FDMS was named to honor the memory of Madam Speaker, I proudly ask you to join Kirkwood, and his years of faithful service. He Father Jesus Baza Duenas, the second me in commending Andrew Nelson for his ac- was a man of hope and optimism who loved Chamorro to be ordained a Catholic priest. Fa- complishments with the Boy Scouts of Amer- the people he served. He will be remembered ther Duenas was beheaded by Imperial Japa- ica and for his efforts put forth in achieving the for striving to do great things and as a man of nese military forces on July 11, 1944, only 10 highest distinction of Eagle Scout. days before the liberation of Guam. The his word. f school was built in Tai, Mangilao, in the area I want to extend my condolences to the where Father Duenas and his cousin Edward HONORING CHARLOTTE WILLIAMS family of Mike Swoboda and echo family and were executed. The school mascot, a ‘‘friar’’, friends in saying ‘‘He will always be remem- is significant as the school has been managed HON. DALE E. KILDEE bered.’’ and staffed over the years by religious orders, OF MICHIGAN f namely, the Stigmatines, Capuchins, and IN THE HOUSE OF REPRESENTATIVES IN HONOR OF NICK ‘‘SONNY’’ Marist Brothers. FDMS has a strong record of academic ex- Tuesday, September 16, 2008 NARDI cellence and athletic achievement. Many of its Mr. KILDEE. Madam Speaker, I rise today alumni have excelled and succeeded in their to honor Charlotte Williams as she receives HON. DENNIS J. KUCINICH pursuit of higher education in post secondary the first ‘‘Making Democracy Work’’ Award OF OHIO institutions, including the military service acad- from the Flint Michigan League of Women IN THE HOUSE OF REPRESENTATIVES Voters. emies and numerous colleges and univer- Tuesday, September 16, 2008 sities. From its humble beginnings as a five The League will honor Charlotte at an event room seminary, the school had grown in size on Wednesday, September 17th in Flint. Mr. KUCINICH. Madam Speaker, I rise with more classrooms, science laboratories The League of Women Voters gives the today in honor of Nick ‘‘Sonny’’ Nardi, and in and the recently opened Phoenix Center that ‘‘Making Democracy Work’’ Award to a Flint appreciation of his outstanding dedication to serves as a multipurpose complex housing a female community leader. Charlotte Williams social justice and workers rights. I, along with gym, an auditorium, weight training room, and was chosen to be the first recipient. Charlotte the Parma Democratic Party, join in recog- additional classrooms. The Phoenix Center is was elected as a Genesee County Commis- nizing Sonny for his invaluable leadership in also used as a venue to host other perform- sioner in 1968. She was the first black female the Democratic Party, as he is being honored ances and civic events for the island commu- elected to the position. She went on to be- as the 2008 Parma Democrat of the Year. nity. come the first female Chair of the Board. She Sonny, a native of the Greater Cleveland Through the years Father Duenas Memorial became active in the National Association of area, has a multifaceted history of leadership School has produced distinguished alumni Counties and served on several State and and social service. He graduated from Parma which include leaders in government and the local committees. Her work with the National High School in 1978 and joined the Inter- business community, members of the clergy, Association of Counties culminated in being national Brotherhood of Teamsters Local 416 servicemen in the United States Armed Serv- elected president of that body in July 1978, here in Parma in 1981. Since joining Local ices, judges, lawyers, doctors, dentists, and and she served one term. Charlotte also 416, Sonny has demonstrated his dedication educators. Father Duenas Memorial School’s chaired a workshop at a White House Con- to workers rights in the various leadership most distinguished graduate is the Metropoli- ference on ‘‘Balanced Growth and Economic roles he has held over the past twenty-seven tan Archbishop Anthony Sablan Apuron, DD, Development’’ and contributed to White House years. From 1986 to 1989, he was the Trustee OFM Cap. briefings during the terms of four Presidents. and Business Agent. He became Vice Presi- It is the heritage and testament of its stu- She retired from the Board of Commissioners dent of Local 416 in 1992, a position he held dents, their parents, administration, faculty in 1980. for three years, until becoming Secretary-

VerDate Mar 15 2010 15:23 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00007 Fmt 0689 Sfmt 9920 E:\BR08\E16SE8.000 E16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19346 EXTENSIONS OF REMARKS, Vol. 154, Pt. 14 September 16, 2008 Treasurer in 1996. Sonny held the position of Had I been present, I would have voted Madam Speaker, Commander Drinkhouse is Secretary-Treasurer for ten years and just last ‘‘yea’’ on rollcall votes 589, 590, and 591. an excellent role model for young Americans year, he became Local 416’s President and f considering serving in the United States Principal Officer. Armed Forces. He is an inspiration to service His commitment to workers rights and to the HONORING COMMANDER JOSEPH members everywhere, and to all citizens of local Democratic Party has earned him the R. DRINKHOUSE FOR HIS SERV- our great nation. I commend Commander honor of being one of only two Super-Dele- ICE IN THE UNITED STATES Drinkhouse for his 40 years of service to our gates of the 1.4 million Teamster membership. NAVY RESERVE country and wish him the best of luck in his fu- From 2003–2006, Sonny served on the Labor ture endeavors. Advisory Council for Governor Taft and was HON. ROBERT E. ANDREWS f also appointed to the RTA Board of Trustees. OF NEW JERSEY His experience as a true leader in the local IN THE HOUSE OF REPRESENTATIVES IN HONOR OF GLENN W. KRUEGER Democratic Party earned him an appointment Tuesday, September 16, 2008 to the Executive Committee for the Democratic Mr. ANDREWS. Madam Speaker, I rise HON. DENNIS J. KUCINICH Party in 2006. In 2007, the same year he be- today to honor Commander Joseph R. OF OHIO came Local 416’s President and Principal Offi- Drinkhouse for his 40 years of service in the IN THE HOUSE OF REPRESENTATIVES cer, Sonny was chosen to represent Ohio as United States Navy Reserve. As he nears his Tuesday, September 16, 2008 a member of the Democratic National Com- official retirement on January 1, 2009, Com- Mr. KUCINICH. Madam Speaker, I rise mittee. mander Drinkhouse deserves respect and ap- today in honor of Glenn W. Krueger on the oc- Madam Speaker and colleagues, please join preciation for his long service in the United casion of his retirement, and in recognition of me in honor of Nick ‘‘Sonny’’ Nardi, and in States Armed Services. his outstanding commitment to his country, his recognition of his invaluable dedication to Commander Drinkhouse served the first 12 family, and his community. Glenn is retiring as workers rights and to the local Democratic years of his Navy career as an enlisted intel- Fire Chief after 41 years of dedicated service Party. May his commitment to social justice ligence specialist first class. During this time, to the city of Brook Park. serve as an example for all of us to follow. his responsibilities increased as he served as Glenn Krueger has an immeasurable track f an intelligence analyst, team leader, group record of community and public service. Prior leader, and leading petty officer. In 1980, HONORING CHARLES CASSIDY to becoming a fire fighter in Brook Park, Ohio Commander Drinkhouse received a direct in 1967, he served in the United States Navy commission as an intelligence officer with the from 1960 to 1963. He was hired as a fire HON. SAM GRAVES rank of lieutenant, junior grade. fighter for the city of Brook Park on September Commander Drinkhouse received full cre- OF MISSOURI 15, 1967. Fire fighters often endure long work dentials as an officer agent in 1986, while IN THE HOUSE OF REPRESENTATIVES hours and dangerous conditions when re- serving in the Naval Investigative Service Re- sponding to emergency calls. Fire fighters put Tuesday, September 16, 2008 serve Unit 0893. He supervised an investiga- their lives on the line everyday to protect and Mr. GRAVES. Madam Speaker, I proudly tive team and conducted criminal investiga- serve the community; and are often the first pause to recognize Charles Cassidy of Platte tions, including witness and suspect inter- emergency workers to respond to critical situa- City, Missouri. Charles is a very special young views, scene processing, and evidence collections. In addition to protecting the public from man who has exemplified the finest qualities tion. Commander Drinkhouse was transferred hazardous situations, many fire fighters like of citizenship and leadership by taking an ac- to Reserve Intelligence Area 15 in 1997, Glenn become certified EMT’s in order to pro- tive part in the Boy Scouts of America, Troop where he set up a team of officers and agents vide medical treatment at the scene. Glenn 1351, and earning the most prestigious award to take part in joint task force exercises as was promoted to Lieutenant in 1973 and of Eagle Scout. counterintelligence scriptors. For his service served as a certified EMT for 6 years. He was Charles has been very active with his troop, during this time, Commander Drinkhouse was again promoted in 1986, this time as Captain participating in many scout activities. Over the awarded the prestigious Navy and Marine of the Brook Park Fire Department. He would many years Charles has been involved with Corps Commendation Medal from the Sec- serve in that position for 13 years, until his scouting, he has not only earned numerous retary of the Navy. promotion to Fire Chief 8 years ago. merit badges, but also the respect of his fam- Over the past decade Commander Glenn and his wife Carol Jaye have been ily, peers, and community. Drinkhouse has completed multiple deploy- married for 46 years and have resided in the Madam Speaker, I proudly ask you to join ments to Bahrain in the Middle East. In 2001, city of Brook for the last 36 years. They have me in commending Charles Cassidy for his he provided force protection support to the five children; Christi, Tricia, Rebecca, Glenn accomplishments with the Boy Scouts of Naval Criminal Investigative Service Middle and Scott; and have six grandchildren; Cory, America and for his efforts put forth in achiev- East Field Office. Commander Drinkhouse Alicia, Rob, Leah, Jeremy and Jordan. also wrote and headed terrorist based exploi- ing the highest distinction of Eagle Scout. Madam Speaker and colleagues, please join tation assessment operations and vulnerability f me in honor of Glenn W. Krueger, and in rec- assessments while stationed in Bahrain. ognition of his exceptional leadership and PERSONAL EXPLANATION These services earned Commander dedication to the city of Brook Park, on the oc- Drinkhouse two additional Navy and Marine casion of his retirement as a fire fighter after Corps Commendation Medals from the Sec- HON. CAROLYN B. MALONEY 41 years of service. OF NEW YORK retary of the Navy. In addition, Commander f IN THE HOUSE OF REPRESENTATIVES Drinkhouse provided force protection support at Camp Lejuene in North Carolina. IN RECOGNITION OF THE NA- Tuesday, September 16, 2008 Over his long career Commander TIONAL RENEWABLE COOPERA- Mrs. MALONEY of New York. Madam Drinkhouse has won many awards, including TIVES ORGANIZATION Speaker, on September 15, 2008, I missed the Navy and Marine Corps Commendation rollcall votes numbered 589, a resolution hon- Medal with two Gold Stars, the Navy Unit HON. G.K. BUTTERFIELD oring the dedication and outstanding work of Commendation Ribbon, the Navy Reserve OF NORTH CAROLINA military support groups across the country for Meritorious Service Medal with two Bronze IN THE HOUSE OF REPRESENTATIVES their steadfast support of the members of our Stars, the National Defense Service Medal Armed Forces and their families; 590, a reso- with two Bronze Stars, the Armed Forces Ex- Tuesday, September 16, 2008 lution honoring the 28th Infantry Division for peditionary Medal with Bronze Star, the Global Mr. BUTTERFIELD. Madam Speaker, on serving and protecting the United States; and War on Terrorism Expeditionary Medal, the the day that the House is considering far- 591, a bill to extend the authority of the Sec- Global War on Terrorism Service Medal, the reaching legislation that encourages the devel- retary of Education to purchase guaranteed Military Outstanding Volunteer Service Medal, opment of renewable energy please join me in student loans for an additional year, and for and the Navy Expert Rifle Medal and Navy applauding the efforts of the National Renew- other purposes. Sharpshooter Pistol Ribbon. able Cooperatives Organization (NRCO).

VerDate Mar 15 2010 15:23 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00008 Fmt 0689 Sfmt 9920 E:\BR08\E16SE8.000 E16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 EXTENSIONS OF REMARKS, Vol. 154, Pt. 14 19347 The North Carolina Electric Membership commitment to the Parma Democratic Party. open—the welcoming doors. As a result, the Corporation (NCEMC) recently announced its For years, Ron has worked diligently with the church membership has more than doubled, to participation in the efforts of this newly formed community on voter registration and has vol- the point where the former little white church national cooperative to help electric coopera- unteered as a precinct chairman. A familiar at the corner of Knox and Clover Streets in tives develop renewable energy resources face to many in the community, he has gone Worcester could not accommodate the grow- through projects and infrastructure improve- door-to-door, volunteered at polls and can- ing stream of Sunday attendees or committee ments. vassed for all the democratic elected officials meetings and events. As such she inspired NCEMC is a generation and transmission in Parma. Ron has been a tremendous volun- and believed that the mighty little congregation cooperative that supplies all or part of the en- teer and leader for the local Democratic Party. could achieve a million-dollar capital campaign ergy needs to the state’s electric cooperatives. Madam Speaker and colleagues, please join and expansion project. She was right; the North Carolina’s electric cooperatives provide me in honor of Ron Brown, and in recognition project was successfully completed within a energy to 2.5 million people in 93 of 100 coun- of his commitment to social justice and public short, and miraculous, 2-year time frame. With ties, primarily in rural parts of the State. The service, as he is named this years Parma the ongoing work of the church, it looks like electric cooperatives own and maintain 95,000 Democrat Volunteer of the Year. another expansion is needed for meeting miles of power lines, by far the most of any f rooms and child care needs, the growing food electric utility in North Carolina. pantry and more. Staying current with out- Generation and transmission cooperatives TRIBUTE TO PASTOR JUDITH reach and news, through technology, is impor- across the nation are already working to fur- HANLON tant to Pastor Judy; a Web site was created ther develop renewable resources and many at her suggestion and ‘‘A Place of Grace’’ e- are purchasing renewable energy credits. HON. JAMES P. McGOVERN mails are disseminated to hundreds of parish- NRCO provides expertise and information for OF MASSACHUSETTS ioners and colleagues weekly to promote the participating co-ops and provides the oppor- IN THE HOUSE OF REPRESENTATIVES important work of the church. Further, the church family has been active tunity to match the needs of some coopera- Tuesday, September 16, 2008 tives with the practical potential of others. in the fight against HIV/AIDS; provided assist- It is anticipated that NRCO will work with Mr. MCGOVERN. Madam Speaker, I rise ance to Hurricane Katrina and Rita victims the North Carolina’s electric cooperatives’ today to pay tribute to Pastor Judith Hanlon of through the Hope Shall Bloom Project; orga- newly formed renewable company, GreenCo the Hadwen Park Church, a United Church of nized and inspired youth to do service work in Solutions, Inc., to identify cost-effective Christ Open and Affirming parish, located in South America and in their community; dou- projects and opportunities to purchase renew- Worcester, Massachusetts. She will be for- bled its food pantry to be able to serve the able energy credits that will benefit consumers mally ordained on Sunday, September 14, hungry; and provided assistance to countless in the future. 2008. people in need from the congregation and in By working closely together and sharing in- Pastor Judith Hanlon has distinguished her- the Greater Worcester area. Pastor Hanlon formation, these electric cooperatives will able self as a passionate champion for equal rights has also been a tireless advocate for the to minimize investment risks and maximize the by fighting for social justice in the Worcester rights of the GLBT community in her parish, benefits. This is an important effort with enor- community and abroad. Raised in Indiana the community and the State. Pastor Judy has mous potential to help move America toward along with six siblings, she was greatly influ- been a leader in the effort to promote equal energy independence. enced by her upbringing in the Pentecostal marriage and helped spearhead the ‘‘Equal Madam Speaker, I ask all my colleagues to church in which her father was a minister. She Marriage: The Freedom to Marry Coalition in join me in applauding the important out- has two daughters and raised them as a sin- Massachusetts’’ initiative. Recently, several standing collective and collaborative efforts of gle mother, a noteworthy inspiration to her pa- immigrants, fleeing from abuse in their country the North Carolina Electric Membership Cor- rishioners. Her deep faith is complemented by of Jamaica because of their sexual orientation, poration and the National Renewable Co- her amazing talent and love of music. For 25 turned to a safe and welcoming haven with operatives Organization. years, Pastor Hanlon directed and accom- Pastor Judy and Hadwen Park church. As a result, she now helps to lead local efforts to f panied singing groups at the Salem Covenant Church in Worcester, Massachusetts. Playing promote human rights for GLBT people in Ja- IN HONOR OF RON BROWN the piano at age 5 and writing music by the maica. For her work on these issues she was age of 9, her musical talent helps to promote awarded the Safe Homes ‘‘People of Courage HON. DENNIS J. KUCINICH her faith and desire for justice. She has pro- Award’’ in 2006. Madam Speaker, I commend this amazing, OF OHIO duced two CDs of social justice Christian grace-filled, and inspiring leader of faith for her IN THE HOUSE OF REPRESENTATIVES music. After retiring at the age of 45 from her marketing representative career at Verizon— dedication to making the Worcester area and Tuesday, September 16, 2008 formerly ATT, Pastor Hanlon then pursued her our world a better place, and I ask all my col- Mr. KUCINICH. Madam Speaker, I rise second calling as a pastor. leagues to join me in offering her congratula- today in honor of Ron Brown, and in recogni- Serving as the pastor of the Hadwen Park tions on her ordination. tion of his work for social justice and dedica- Church since 2000, she quickly and easily f tion to the Parma Democratic Party. I, along gained the love of her community by wel- IN RECOGNITION OF THE SONGS with the Parma Democratic Party, recognize coming all persons with her witty and devoted OF LIFE INTERNATIONAL CHO- Ron as the Parma Democrat Volunteer of the personality, her positive attitude, and RAL FESTIVAL Year. celebratory style. Pastor Judy is courageous in Ron has an immeasurable track record of her work for social justice, articulate, inspiring, community and public service in the local and often very funny with her messages of HON. JOE WILSON Democratic Party and for the city of Parma. love, faith, and overcoming challenges to find OF SOUTH CAROLINA IN THE HOUSE OF REPRESENTATIVES He graduated from Valley Forge High School the positive side of life. And she is respectful in Parma Heights in 1996 and continued his of all people—even in times of disagreement. Tuesday, September 16, 2008 education at Cuyahoga Community College, She is extremely well known for her commit- Mr. WILSON of South Carolina. Madam where he earned a degree in business admin- ment to and celebration of diversity. Gracelift Speaker, Bulgaria is an ally of the United istration. His dedication to serving the resi- is her signature e-mail name; it appropriately States, and this Congress has recognized the dents of Parma is demonstrated by his 14 depicts Pastor Judy and her work. Bulgarian people for preserving and continuing years of public service for the city of Parma. Under her leadership, Hadwen Park Church their tradition of ethnic and religious tolerance, He currently works as a case manager for the proudly moved to become an Open and Af- Most recently, the House of Representatives Parma Public Housing Department and is al- firming parish to show and tell the world that passed House Resolution 1383, which recog- ways at the forefront of activism on behalf of ‘‘all are welcome’’ at HPC—people of all eth- nized the 100th anniversary of the independ- the citizens of Parma. nic and cultural backgrounds, sexual orienta- ence of Bulgaria. Ron earns the award of Parma Democrat tion, ages, family make up and physical mobil- Through a grassroots movement organized Volunteer of the Year for his enthusiasm and ity challenges. She led the way to cast—wide by Kalin and Sharon Tchonev of Lexington,

VerDate Mar 15 2010 15:23 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00009 Fmt 0689 Sfmt 9920 E:\BR08\E16SE8.000 E16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19348 EXTENSIONS OF REMARKS, Vol. 154, Pt. 14 September 16, 2008 South Carolina, the American-Bulgarian part- RECOGNIZING NEAL SUNDEEN, Innovators Cafe’’ in an effort to share their ex- nership continues to strengthen. Kalin and JOHN ALDECOA AND PAUL pertise in operating a successful organization Sharon have founded the Songs of Life Inter- GRIFFEN, AMERICAN LEGION DE- with regional and community leaders. This national Choral Festival to be held this No- PARTMENT OF ARIZONA, ADVO- special event will take place on Thursday, vember 21st through December 1st. The fes- CACY FOR THE G.I. BILL September 25, 2008. tival will include performances in Plovdiv and A local, family-owned beer wholesaler since Sofia, Bulgaria, as well as Tel Aviv and Jeru- HON. HARRY E. MITCHELL 1939, North Coast Distributing, formerly Valpo salem, Israel. It marks the 65th anniversary of OF ARIZONA Beverages, Incorporated, has become one of the historic rescue of Bulgaria’s Jews during IN THE HOUSE OF REPRESENTATIVES the premier distributors in the Midwest. The the Holocaust and serves as an opportunity to success they have seen, under the leadership Tuesday, September 16, 2008 connect citizens from these nations on cul- of President and Chief Executive Officer Bruce tural, educational, and spiritual levels. Songs Mr. MITCHELL. Madam Speaker, I rise Leetz, is in large part due to the core values of Life will bring together choirs, musicians, today to recognize Mr. Neal Sundeen, Mr. of North Coast: Passion for business, Respect educators, and students from around the John Aldecoa and Mr. Paul Griffen, three indi- for each other and surroundings, Integrity to world. viduals from my district whose leadership roles demonstrate the highest ethical and moral Just as our sister-city relationships serve to in The American Legion was instrumental in standards, Commitment to achieve goals, and advance friendships and understanding among building broad bi-partisan support for the new in Excelling in everything they do. This com- Americans and Bulgarians, the organizers of 21st Century G.I. Bill of Rights. These three mitment to excellence has led to many acco- this festival hope and believe that it will have men deserve the admiration of their state and lades at the local, state, and national levels for as positive an impact on an international level. nation for their efforts to improve the lives of North Coast, who in 2007 became the first dis- Not only are the United States and Bulgaria Veterans. I commend them for their tireless tributor to win both the Miller and Coors top allies, but we share common values and a be- service and sacrifice to this country. distributor awards. While the many awards lief in freedom. The Songs of Life International This year, with the passage of the G.I. Bill, they have received are outstanding enough, Choir Festival is a platform to share these val- 1.5 million post-9/11 military veterans will have North Coast’s commitment to corporate re- ues with the rest of the world. access to a college education. This legislation sponsibility and to their community are the I wish to commend Kalin and Sharon will help fulfill the obligation America has to most impressive. Tchonev for their hard work in strengthening those with honorable wartime service. As a Led by Bruce Leetz, North Coast Distrib- tlhe partnership between the United States member of the Veterans Affairs Committee uting has always been committed to promoting and Bulgaria. and the Chairman of the Subcommittee on responsible consumption and in giving back to Oversight and Investigations I regard this as the community, as is evidenced by their par- f the most important piece of veteran’s legisla- ticipation in the upcoming innovative session. tion in a generation. A graduate of Valparaiso High School and Ball IN HONOR OF THE EL HASA I commend Mr. Sundeen, Mr. Aldecoa and State University, Bruce has been employed TEMPLE #28 Mr. Griffen for their selfless dedication to the with North Coast for over 45 years. In 1970, advancement of this legislation. These gentle- Bruce took over as President of the company, HON. DENNIS J. KUCINICH men have worked in the State of Arizona, as and his accomplishments, as well as the suc- well in Washington, to make their elected offi- OF OHIO cess of North Coast, have been astonishing. A cials fully aware of the importance of this bill. IN THE HOUSE OF REPRESENTATIVES true expert and legend in the industry, Bruce The grassroots efforts of these three men has served in many capacities, including: Tuesday, September 16, 2008 will help this new generation of returning membership on the National Beer Wholesalers servicemembers make a more successful tran- Mr. KUCINICH. Madam Speaker, I rise Association’s Executive Board, as President of sition back to civilian life. This will not only today in honor of the El Hasa Temple #28 An- the Indiana Beverage Alliance for ten years, benefit those veterans, it will also provide a cient Egyptian Arabic Order Nobles of the and as Chairman of both the Miller and Coors tremendous boost to our nation’s economy Mystic Shrine, A.E.A.O.N.M.S., on the occa- Distributor Councils. Like his company, Bruce and productivity. The new G.I. Bill keeps our sion of their one-hundredth anniversary. The has always been an active participant in his promise to provide better educational opportu- members of El Hasa Temple #28 celebrate community as well, having served on the nities to the men and women who have val- this grand anniversary with their 46th annual boards of the Northwest Indiana Forum, the iantly protected this country and its liberties. Potentate Ball. I also rise in honor of El Valparaiso Chamber of Commerce, and the Madam Speaker, please join me in recog- Northwest Indiana Entrepreneurship Academy. Hasa’s current Illustrious Potentate, Andrew D. nizing these gentlemen for their efforts and White, and in recognition of his outstanding He is also a past president of the Porter their continued dedication to America’s vet- County United Way and the Valparaiso Rotary leadership and dedication to the community. erans. El Hasa Temple #28 A.E.A.O.N.M.S. was Club, and he is a Ruling Elder at the First f founded on November 19, 1908, when it ob- Presbyterian Church in Valparaiso. tained its Charter from the Imperial Council. MR. BRUCE LEETZ AND NORTH For his service to his community and his The Charter was delivered to Charles E. Gor- COAST DISTRIBUTING commitment his industry, both economically don, who became El Hasa’s first Illustrious Po- and socially, Bruce has received many acco- tentate. On the occasion of El Hasa’s one- HON. PETER J. VISCLOSKY lades throughout the years. To name a few of these, in 2004, Bruce was recognized as a hundredth anniversary, I also rise in honor of OF INDIANA H.H. Franklin, the 25th Illustrious Potentate, Miller Legend, a lifetime achievement award IN THE HOUSE OF REPRESENTATIVES F.D. Armstead, the 50th Illustrious Potentate, that is the Miller Brewing Company’s highest and LaVon McCall, the 75th Illustrious Poten- Tuesday, September 16, 2008 honor. Also, in 2005, then Governor Frank tate. El Hasa is part of an international frater- Mr. VISCLOSKY. Madam Speaker, it is with O’Bannon presented him with the Sagamore nity built on the values of fellowship, philan- pleasure that I stand before you today to rec- of the Wabash award, one of the highest hon- thropy and community. During Christmas each ognize one of Northwest Indiana’s exemplary ors awarded by the Governor of the State of year, members of El Hasa Temple #28 dis- companies. For nearly seventy years, North Indiana. tribute Christmas baskets to the economically Coast Distributing has been a leader in the Madam Speaker, at this time, I ask that you disadvantaged in the Greater Cleveland Area. Northwest Indiana business sector, and while and my other distinguished colleagues join me Madam Speaker and colleagues, please join the company has seen much success, it is in congratulating Bruce Leetz and North Coast me in honor of El Hasa Temple #28, as they what they have done to give back to the com- Distributing on their success throughout the celebrate their one-hundredth anniversary dur- munity that makes them so vital to Northwest years and honoring them on their commitment ing their annual Potentate Ball, and in recogni- Indiana. For the third straight year, North to the people of Northwest Indiana. Bruce and tion of the outstanding community work its Coast, in conjunction with Ivy Tech Commu- the entire team at North Coast Distributing are members contribute to the Greater Cleveland nity College of Northwest Indiana, will be pro- to be commended for their dedication to im- Area. viding the community with their ‘‘Fall proving Northwest Indiana.

VerDate Mar 15 2010 15:23 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00010 Fmt 0689 Sfmt 9920 E:\BR08\E16SE8.000 E16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 EXTENSIONS OF REMARKS, Vol. 154, Pt. 14 19349 HONORING THE LIFE AND MEM- ical candidates assessing who was most com- servant and advocate, who has proudly served ORY OF MRS. BARBARA mitted to public safety and making Western his community and the State of South Caro- COLBECK New York a better community. lina. Dr. Joseph E. Heyward was recently ac- Our community owes Officer Lanza a debt knowledged for his service and awarded with HON. THADDEUS G. McCOTTER of gratitude for his tireless dedication to mak- The Alpha Award of Honor and Merit by the OF MICHIGAN ing South Buffalo a finer and safer place to Alpha Phi Alpha Fraternity on July 20, 2008. live. He is currently a member of the Inter- This award was given to Dr. Joseph E. Hey- IN THE HOUSE OF REPRESENTATIVES national Police Association, Region 1, the 901 ward because of his courage, vision, wisdom Tuesday, September 16, 2008 Social Service Organization West Seneca and independence of thought and action which Mr. MCCOTTER. Madam Speaker, today I Chapter, and President of the Italian American characterizes the best leadership in American rise to honor the extraordinary life of Barbara Police Association. Lanza also contributes to life. He has distinguished himself through his Colbeck upon her passing at the age of 64. the Federation of Italian American Societies spirituality, profession and culture. This award For almost 50 years Barbara dedicated her and as a religious education instructor at recognizes contributions he has made through life to liturgical music and her community. Queen of Heaven Roman Catholic Church. He his ideas, ideals and work. Born and raised in Detroit, Barbara attended is also an avid political activist and volunteer. Dr. Joseph E. Heyward is the fourth of five Saint Lawrence Grade School and Holy Re- Madam Speaker, I want to thank you for this children and the youngest son of John Wayne deemer High School. There, she would meet opportunity to honor Officer Lanza for his dedi- and Wilhelmena Wright Heyward. He was and fall in love with her high school sweet- cated service career on the Buffalo Police De- born in Florence, South Carolina and edu- heart William. They married, and spent 40 partment. I ask my colleagues to please join cated in the public school system, graduating wonderful years together. A resident of me in wishing Officer Stephen L. Lanza and from Wilson Senior High with recognition for Livonia, Barbara began to play piano and his family continued good health and happi- his academic excellence and leadership abil- organ at St. Lawrence when she was in 7th ness in the years to come. ity. grade. For 49 years she played at Detroit area f After High School, Dr. Heyward attended Churches. She played liturgical music at St. Hampton Institute in Virginia. He received a HONORING BRIAN BLANCH Simon, St. Jude, was First Organist at St. Bachelor of Science Degree in Mathematics Colette, and finally served as Music Minister at with a minor in Physics in 1963. He continued St. Edith. HON. SAM GRAVES his education at Morgan State University in On August 17, 2008, Barbara passed away. OF MISSOURI Baltimore, Maryland and received a Master of A beloved mother, grandmother, daughter, IN THE HOUSE OF REPRESENTATIVES Arts Degree in Mathematics in 1972. He re- and sister, she is survived by her husband Tuesday, September 16, 2008 ceived a Doctor of Education Degree in Stu- William, sons Patrick and Christopher, daugh- dent Personnel Administration from the Uni- Mr. GRAVES. Madam Speaker, I proudly ter Cherlyn Sellepack, and grandchildren Mi- versity of South Carolina in 1987. He also pause to recognize Brian Blanch of Liberty, chael, John, Carolann, and Julianna. Known studied Physics at Wake Forest University in Missouri. Brian is a very special young man by her friends and family for her generosity, North Carolina and was awarded an Honorary who has exemplified the finest qualities of citi- her strength, and her smile, Barbara faced Doctor of Humanities by Francis Marion Uni- zenship and leadership by taking an active cancer with dignity and courage, never losing versity in Florence, South Carolina. part in the Boy Scouts of America, Troop her faith or friendship for all. St. Edith Church While at Hampton University, Joseph E. 1134, and earning the most prestigious award was graced by her music and her smile for 23 Heyward joined Alpha Phi Alpha Fraternity of Eagle Scout. years. Barbara Colbeck’s music will live on in through the Gamma Iota Chapter. He then Brian has been very active with his troop, the memory of those who knew her. joined the Delta Kappa Lambda Chapter in participating in many scout activities. Over the Madam Speaker, Barbara Colbeck is re- Florence after his return from a two-year mili- many years Brian has been involved with membered as a musician, cantor, teacher, tary tour of duty in Europe. Joseph E. Hey- scouting, he has not only earned numerous mentor, and friend. Today, as we bid her fare- ward has been a active member in his local merit badges, but also the respect of his fam- well, I ask my colleagues to join me in mourn- chapter since 1967 and has served as its ily, peers, and community. ing her passing and honoring her lifetime of president, secretary and is currently its treas- Madam Speaker, I proudly ask you to join urer. contribution to our community. me in commending Brian Blanch for his ac- f In his community and civic involvement, Jo- complishments with the Boy Scouts of Amer- seph E. Heyward serves as president of four TRIBUTE TO STEPHEN L. LANZA ica and for his efforts put forth in achieving the housing boards of directors, a Rotarian, OF THE BUFFALO POLICE DE- highest distinction of Eagle Scout. Wachovia Bank of South Carolina Advisory PARTMENT f Committee, South Carolina Genetics Board of PERSONAL EXPLANATION Directors, South Carolina Housing Advisory HON. BRIAN HIGGINS Board, a former member of the South Carolina OF NEW YORK HON. BILL SHUSTER State Board of Accountancy and former mem- IN THE HOUSE OF REPRESENTATIVES ber of the Florence Symphony Board. OF PENNSYLVANIA Dr. Heyward is a member of Cumberland Tuesday, September 16, 2008 IN THE HOUSE OF REPRESENTATIVES United Methodist Church in Florence, SC. He Mr. HIGGINS. Madam Speaker, I am Tuesday, September 16, 2008 serves as the Conference Lay Leader for the pleased today to honor the accomplishments Mr. SHUSTER. Madam Speaker, on rollcall South Carolina Conference of the United of Officer Stephen L. Lanza of the Buffalo Po- Nos. 589, 590, and 591, I was not present. Methodist Church and chairs the Board of lice Department. He is truly one of Buffalo’s Had I been present, I would have voted ‘‘yes’’ Laity. He has attended the past six General finest, a loving son, an outstanding dad, a on rollcall No. 589, ‘‘yes’’ on rollcall No. 590, and Jurisdictional Conferences of the United great brother, a wonderful neighbor and a and ‘‘yes’’ on rollcall No. 591. Methodist Church and currently is the Vice loyal friend and a dedicated police officer. Chair of the Southeastern Jurisdictional Asso- f Throughout Lanza’s service as a Police Offi- ciation of Annual Conference Lay Leaders. He cer, he exemplified the term ‘‘public servant.’’ TRIBUTE TO DR. JOSEPH E. also served one quadrennial as a member of After being appointed to the Buffalo Police De- HEYWARD the General Council on Finance and Adminis- partment in 1985, Lanza spent the next twen- tration for the Methodist Church and currently ty-three years of his life dedicated to the peo- HON. JAMES E. CLYBURN he is the member of the General Board of ple and city he was sworn to protect. For OF SOUTH CAROLINA Pension and Health Benefits for the United twelve of those years Steve served as a dele- IN THE HOUSE OF REPRESENTATIVES Methodist Church and its Executive Com- gate to the Patrolmen’s Benevolent Associa- mittee. tion and unselfishly volunteered as a delegate Tuesday, September 16, 2008 Professionally, Dr. Heyward has taught to several committees, including the Political Mr. CLYBURN. Madam Speaker, I rise mathematics and physics on the high school Action Committee where he interviewed polit- today to pay tribute to this exceptional public level and served as Assistant Principal and

VerDate Mar 15 2010 15:23 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00011 Fmt 0689 Sfmt 9920 E:\BR08\E16SE8.000 E16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19350 EXTENSIONS OF REMARKS, Vol. 154, Pt. 14 September 16, 2008 Principal of a middle school. In 1973 he joined TOUCHING THE FACE OF GRACE seems this trembling woman, like most of the staff of Francis Marion University and went the people in her town, looked upon our sol- on to hold the position of Director of the Uni- diers as angels of grace, sent by God to pro- HON. FRANK R. WOLF tect her from the violence and oppression her versity Center and Area Representative for OF VIRGINIA people had come to know up to then. Learn- U.S. Senator Ernest ‘‘Fritz’’ Hollings from IN THE HOUSE OF REPRESENTATIVES ing this, our son squeezed and kissed the 1978–1980. In 1980 he was recruited and ac- Tuesday, September 16, 2008 woman’s hand, and she left, weeping. cepted the position of Assistant Super- The ‘‘Face of Grace.’’ How many of us, safe intendent for instruction for Florence District Mr. WOLF. Madam Speaker, I would like to at home debating the politics of the War on One. He held that position for three years and call to the attention of the House an article Terror, have ever seen our soldiers in such a light? How many of us have ever even read in 1983 returned to Francis Marion University written by my constituent, Mitchell L. Hubbard of Winchester, Virginia, about his son’s experi- such an uplifting newspaper account of our as Vice President. As a member of the admin- ence while deployed to Iraq. His son’s story soldiers? istration at Francis Marion, Dr. Heyward To be sure, our soldiers are not virtuous should make us all think about our armed served as Interim Provost of that university on simply by being soldiers. At home in their forces, as well as the police and first respond- three separate occasions. He retired from the ‘‘civvies,’’ they are as unangelic as the rest ers, who risk so much to serve us every day. University in June 2006 as Senior Vice Presi- of us. Yet when they voluntarily get into TOUCHING THE ‘‘FACE OF GRACE’’: DO WE ‘‘full battle rattle’’ (as they call their battle dent for Student Affairs. HAVE THE ABILITY, OR DESIRE, TO SEE OUR gear) in a hot and hostile land, their job is In addition to the many accomplishments SOLDIERS IN THE SAME WAY? both protective and sacrificial—as angelic a and community involvements listed above, Dr. (By Mitchell L. Hubbard) purpose as humans can take on. People like Heyward is a member of the NAACP, Phi Whatever your political take on the war in this woman, having suffered years of oppres- Iraq, nothing can alter it more than having sion and fear, have eyes and a heart to see Kappa Phi Honor Society, Omicron Delta this, and to desire to ‘‘touch the Face of Kappa National Leadership Honor Society, a loved one in the midst of it. Nor is anyone’s current perspective balanced until they Grace.’’ Do we have the ability to see our and Beta Gamma Sigma Honor Society. He hear at least some things from a soldier’s soldiers in the same way? has also held membership in the National As- point of view. And not merely our soldiers: Can we see sociation of Student Personnel Administrators, My wife and I learned these truths when the ‘‘Face of Grace’’ in the police who pro- Southern Association of College Student Af- our son—a 2004 Handley graduate—decided to tect us in every town, day and night? Or in join the Army in 2006. His reasoning was sim- the fire and rescue teams who are soldiers in fairs, and the South Carolina College Per- their own right? sonnel Association. ple: He wasn’t comfortable knowing that thousands of others his age were sacrificing My wife and I obviously pray that our son Dr. Heyward is supported by his wife of 38 their own freedoms to protect his. When he and his ‘‘Band of Brothers’’ will come safely years, the former Evelyn Sargent, and their signed up to join those thousands, it changed home to their personal ‘‘Band of Others.’’ our perspective as well. After listening to our son’s experience, three children, Joseph II, Ryan Christopher though, we have added the prayer that and Regina Maria. He has four grandchildren; Up to that point, it had always been other peoples’ sons and daughters doing the fight- Americans in every community will be given Joseph E. III, Ryan C, Jaylen C, and Mac- ing. Now it would be our own child. Natu- the eyes and heart to see the ‘‘Face of kenzie A. rally, no one wants their child to volunteer Grace’’ in all who protect our lives and freedoms—especially in soldiers like our son. Madam Speaker, I ask you and my col- to go in harm’s way for freedom’s sake. It leagues to join me in celebrating the achieve- was something of a conviction, though, when f my wife and I had to ask ourselves why it ments of Dr. Joseph E. Heyward and con- shouldn’t be our own son in the Middle East, MISSOURI KOREAN WAR gratulate him on his recent honor. His life is a why we should be spared the rituals of anx- MEMORIAL testament to the results of hard work, dedica- iety, prayer, hope, and waiting that tens of tion and commitment. thousands of other families over here have already endured. HON. SAM GRAVES In early June, we flew to Fort Hood, Texas, OF MISSOURI f to see our son deploy for a 15-month tour in IN THE HOUSE OF REPRESENTATIVES Iraq. Again, one’s perspective is limited until HONORING STEVEN SCOTT one attends a deploying ceremony for a unit Tuesday, September 16, 2008 SWANEY of soldiers. Spouses, children, parents, sib- Mr. GRAVES. Madam Speaker, it is with lings, and friends, all crowding a gym, all great pride and pleasure that I recognize the clinging closely to their treasures-in-uni- legacy of the Korean war veterans from the HON. SAM GRAVES form, accompanied by flags, prayers, cheers, and tears. Our son had joined a ‘‘Band of state of Missouri on the day of the OF MISSOURI Brothers.’’ My wife and I had joined the groundbreaking of the Missouri Korean War ‘‘Band of Others,’’ who would be waiting at Memorial. IN THE HOUSE OF REPRESENTATIVES home. Both those going, and those left be- Thousands of soldiers fought courageously Tuesday, September 16, 2008 hind, carry the War on Terror in a personal in the Korean war and now these veterans way. and their families will finally receive the honor Mr. GRAVES. Madam Speaker, I proudly Still, those of us left behind need to see they have deserved for so long. Approximately pause to recognize Steven Scott Swaney of something of what our soldiers see, and not only what is offered us in the news. To that 900 men and women from Missouri lost their Kansas City, Missouri. Steven is a very spe- end, here is one story our son, Luke, shared lives to protect the Republic of South Korea cial young man who has exemplified the finest with us by phone, that must be shared with between 1950 and 1953. qualities of citizenship and leadership by tak- anyone who claims an interest in what our I would like to thank the Kansas City Parks ing an active part in the Boy Scouts of Amer- soldiers are doing in the Middle East. and Recreation Department for donating the ica, Troop 301, and earning the most pres- Stationed outside a city on the Tigris land, as well as the individual donors who tigious award of Eagle Scout. River, Luke had accompanied his colonel made this memorial possible. The memorial into town as part of a security team, while Steven has been very active with his troop, the colonel spoke with a local sheik. While will serve as a beautiful site to pay tribute to participating in many Scout activities. Over the standing guard, Luke noticed a woman ap- the veterans of the Korean war and I look forward to 2010 when it is completed. many years Steven has been involved with proaching from behind, and cautiously Madam Speaker, the dedication and sac- Scouting, he has earned not only numerous turned in her direction, his rifle at the ready. rifice that these veterans gave in the name of merit badges, but also the respect of his fam- An interpreter told our son it was OK—the freedom is humbling, and it is an honor to ily, peers, and community. woman just wanted to touch a soldier. Still serve these men and women in Congress. I Madam Speaker, I proudly ask you to join uneasy, Luke stood still while the woman ask my colleagues to join me in honoring a reached out her hand and touched his face, me in commending Steven Scott Swaney for tears in her eyes. very elite group of veterans from the great his accomplishments with the Boy Scouts of Looking to the interpreter for meaning, state of Missouri, and to congratulate the city America and for his efforts put forth in achiev- our son was told: The woman had simply of Kansas City on the groundbreaking of the ing the highest distinction of Eagle Scout. ‘‘wanted to touch the face of grace.’’ It Missouri Korean War Memorial.

VerDate Mar 15 2010 15:23 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00012 Fmt 0689 Sfmt 9920 E:\BR08\E16SE8.000 E16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 EXTENSIONS OF REMARKS, Vol. 154, Pt. 14 19351 THE DAILY 45: CHERYL BOOKER Chavez supports the FARC unashamedly Ways and Means Committee, where he is the proclaims his admiration for this violent ter- Chairman of the Subcommittee on Social Se- HON. BOBBY L. RUSH rorist group. He described the FARC in Janu- curity. He has traveled to all seven continents. OF ILLINOIS ary 2008 as ‘‘a real army.’’ While his praise is While MIKE’s service to his community and IN THE HOUSE OF REPRESENTATIVES sometimes peppered with halfhearted criti- nation has been meritorious and incredibly val- cisms of the FARC’s narco-trafficking, uable, what I have always admired most about Tuesday, September 16, 2008 kidnappings, and violence, his actions betray him it the way he has gone about doing his Mr. RUSH. Madam Speaker, every day, 45 his true intentions. He welcomes the FARC to job here in Congress. Among his colleagues, people, on average, are fatally shot in the conduct operations along Venezuela’s border MIKE has often been referred to as ‘‘the Quiet United States. with Colombia and does nothing to cooperate Gentleman’’ due to the manner in which he In Buffalo, New York, two people died in with Colombia and the U.S. to combat the ter- does business. MIKE has managed to be an separate shootings on September 15. One rorist group’s drug trafficking within its borders. effective and fair legislator while treating peo- was 51-year-old Cheryl Booker, who was in- The computers and evidence that came ple with respect and acting with dignity, which side a lounge early Monday morning when from the raid that killed the FARC’s second in is no small feat in Washington. MIKE has al- she was shot in the upper body. command, Raul Reyes, also resulted in the ways stayed above the fray and shunned the In the other shooting, a 19-year-old man discovery of evidence showing FARC-Chavez kind of partisan bickering that is far too often was hit by gunfire from a car and died at the associations. Seized computer files reveal associated with the work of Congress. hospital. His name has not yet been released, high level connections between the FARC and MIKE is universally admired by his col- but we don’t need to know his name. We senior officials in the Chavez administration. leagues on both sides of the aisle and has know that it could have been your loved one, These files, authenticated by INTERPOL, reserved this body with distinction and I know it could have been mine. veal hundreds of millions of dollars in pay- that I speak for all Members the U.S. House Americans of conscience must come to- ments from the Venezuelan government to the of Representatives when I say that we are gether to stop the senseless death of ‘‘The FARC. And, as recently as June of this year, honored to have served with him. Daily 45.’’ When will Americans say ‘‘enough Colombian officials captured four men, one I want to join MIKE’s wife Nancy, his family, is enough, stop the killing!’’ who was a sergeant in Venezuela’s national friends, and colleagues in congratulating him f guard, for transporting 40,000 rounds of AK-47 today on his impressive career and wishing PERSONAL EXPLANATION ammunition to the FARC in Colombia. him well. The United States of America owes It is often said that one can judge a person a debt of gratitude to MICHAEL MCNULTY for by the company he keeps. In this context, we the public service he provided. We will miss HON. AL GREEN should all take note that just last Thursday, him from the New York delegation and from OF TEXAS while Americans observed the anniversary of the Congress as a whole. We wish him good IN THE HOUSE OF REPRESENTATIVES the September 11 attacks, Chavez rejected all luck in his retirement. Tuesday, September 16, 2008 semblance of solidarity with the U.S. and our f battle against terrorism by expelling the U.S. Mr. AL GREEN of Texas. Madam Speaker, INTRODUCTION OF THE DAIRY I was unavoidably detained in my district on ambassador from Caracas. Chavez chooses the company of terrorists, drug traffickers, kid- AND SHEEP H–2A VISA ENHANCE- Monday, September 15, 2008 because of Hur- MENT ACT OF 2008 (H.R. 6885) ricane Ike. I missed rollcall votes 589 through nappers and murderers, and severs diplomatic 591. Had I been present, I would have voted ties with the U.S. Chavez is a dictator who ‘‘aye’’ on rollcall 589, ‘‘aye’’ on rollcall 590, harbors terrorists. HON. JOHN M. McHUGH and ‘‘aye’’ on rollcall 591. Madam Speaker, I rise in support of OF NEW YORK f AMAVEX and the efforts of all Venezuelans to IN THE HOUSE OF REPRESENTATIVES bring the terrorist associations of dictator Hugo Tuesday, September 16, 2008 SUPPORTING THE EFFORTS OF Chavez to the world’s attention. AMAVEX AND OTHER VEN- f Mr. MCHUGH. Madam Speaker, on Sep- EZUELANS IN EXILE TO SHOW tember 11, 2008, I introduced legislation, the THE ASSOCIATIONS BETWEEN TRIBUTE TO CONGRESSMAN Dairy and Sheep H–2A Visa Enhancement Act CHAVEZ AND THE FARC MICHAEL MCNULTY of 2008 (H.R. 6885), which is designed to ensure that American dairy farmers and sheep HON. LINCOLN DIAZ-BALART HON. CAROLYN McCARTHY ranchers can legally hire the employees they OF FLORIDA OF NEW YORK need. Very simply, it would provide dairy farmers with access to the H–2A visa program and IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES codify longstanding regulatory practices that Tuesday, September 16, 2008 Tuesday, September 16, 2008 currently allow sheepherders such access. Mr. LINCOLN DIAZ-BALART of Florida. I Mrs. MCCARTHY of New York. Madam As I have previously mentioned, one cannot rise today in support of the efforts of Speaker, I rise today to recognize Congress- overstate the importance of the dairy industry AMAVEX, a group of Venezuelan exiles who man MICHAEL MCNULTY on the occasion of his to the United States economy. In 2007 alone, work, along with more than thirty non-profit or- retirement from Congress and also to wish nearly 60,000 commercial dairy farmers pro- ganizations, in support of the ‘‘Bring Chavez to him a happy birthday. For 20 years, MIKE has duced 185 billion pounds of milk worth $35.5 Justice’’ campaign. This campaign aims to represented New York in the House of Rep- billion. This generated more than $140 billion highlight the troubling associations between resentatives, now in the 21st District. For in economic activity and 1.2 million jobs. In Venezuelan dictator Hugo Chavez and the nearly 40 years, MIKE has served in public of- New York’s 23rd District, which I have the Marxist-terrorist group known as the Revolu- fice at the local, state, and national level. This privilege of representing, dairy is an integral tionary Armed Forces of Colombia, FARC. Congress, MIKE announced that he would not component of the economy, as there are ap- The FARC has been listed as a Foreign seek an 11th term in the House. proximately 2,000 dairy farms with some Terrorist Organization by the United States MIKE has had an impressive career. He first 190,000 milk cows dispersed across the 11 government since 2001. Between 1996 and served as Town Supervisor of Green Island, counties that comprise the District. Likewise, January 2008, the FARC kidnapped 6,877 New York at only 22 years old. He was subse- in 2007, national retail sales of sheep products people including three U.S. citizens who were quently elected Mayor of Green Island and were nearly $768 million. These retail receipts recently liberated by the valiant efforts of Co- then to the New York State Assembly. MIKE supported an additional $1.4 billion in eco- lombia’s government. Mark Gonsalves, an was elected to Congress in 1988 and has nomic activity for a total economic impact of American contractor kidnapped and held by been known for his honesty and integrity. He $2.2 billion. the FARC for more than five years, described has served on a number of important commit- For all of its importance, the dairy industry his ordeal at the hands of his captors and de- tees, including the Armed Services Com- simply cannot continue to operate at its cur- clared that the FARC are ‘‘terrorists with a mittee, the Executive Committee of the Con- rent capacity, let alone expand, without immi- capital ‘T’.’’ gressional Human Rights Caucus, and the grant workers. Increasingly, the U.S. dairy

VerDate Mar 15 2010 15:23 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00013 Fmt 0689 Sfmt 9920 E:\BR08\E16SE8.000 E16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19352 EXTENSIONS OF REMARKS, Vol. 154, Pt. 14 September 16, 2008 workforce is relying upon those born outside L.B. DOGGETT JR.; PARKING TYCOON, CIVIC With other parking barons, such as of the United States, with some estimates indi- LEADER Dominic F. Antonelli Jr. of Parking Manage- cating that at least 50 percent of all current (By Adam Bernstein) ment, he forged important business ties to labor is now foreign-born. Without access to a L.B. ‘‘Bud’’ Doggett Jr., 87, a publicity- Capitol Hill. They made campaign donations to legislators including Rep. John L. McMil- stable workforce, many American farms could averse D.C. commercial parking magnate who emerged in the 1960s as a major civic lan (D–S.C.), the longtime chairman of the well go out of business. According to an anal- House District Committee, to prevent the ysis completed by the Farm Credit Associa- leader and a central backstage figure in politics and community development, died Aug. creation of a municipal parking authority. tions of New York, over 445 New York dairy He also was board chairman of several 13 at his home in Washington after a heart Washington banks and a director of Pepsi- farms are highly vulnerable to this situation. In attack. recent years, I have seen this vulnerability first Mr. Doggett was president and chief execu- Cola Bottling. Ockershausen said Mr. Doggett prohibited hand as dozens of constituent dairy farmers tive of Doggett Enterprises, the parent cor- publicity for his extensive charitable work. poration of Doggett’s Parking, which was have repeatedly shared with me the toll that In 1964, Mr. Doggett founded a nonprofit founded by his parents in 1926. the uncertainty associated with the status quo organization, Heroes, that dispenses finan- It was the city’s first private parking com- is extracting from them. cial aid to families of law enforcement offi- pany, and the younger Mr. Doggett guided it There is a similar need for year-round cers and firefighters killed in the line of quietly to greater prominence after taking sheepherders. Given that the U.S. sheep in- duty. over in the 1950s. For decades, he was a force dustry was unable to secure suffIcient domes- John Tydings, a former Board of Trade in preventing the District from building mu- president who is involved with Heroes, said tic labor to herd range livestock beginning nicipally owned parking garages and chal- Mr. Doggett gave millions of dollars out of decades ago, a regulatory provision was cre- lenging private firms, a rarity for a large his pocket to help 225 law enforcement fami- ated allowing the industry to utilize the H–2A U.S. city. lies in the Washington area. Mr. Doggett, who also amassed a large program to employ foreign sheepherders. This ‘‘He set the bar high for civic leaders,’’ portfolio of real estate interests, was a domi- measure has proven to be extremely success- Tydings said. ful. For more than 60 years, more than one- nant business figure in the city under the old His wife of 57 years, Gladys Denton fourth of the nation’s entire sheep flock has federally appointed District Commissioners Doggett, died in 1999. A son from that mar- been produced by ranchers utilizing sheep- system and during the emergence of elected riage, Leonard Doggett Ill, died last year. leaders in the mid-1970s. Survivors include his wife of eight years, herders born outside of the United States. He liked to joke privately that he was Unfortunately, due largely to its ‘‘temporary Cherrie Wanner Doggett of Washington; a ‘‘Shanty Irish,’’ but he was an effective fund- daughter from his first marriage, Frances or seasonal in nature’’ employment require- raiser for politicians on Capitol Hill and in ment, dairy farmers are currently unable to uti- Foster of Boca Raton, Fla.; a stepdaughter, what was then known as the District Build- Kristine Harrington of Arlington County; a lize the H–2A visa program. Thus, it is impera- ing as well as a trusted power broker be- sister, Rose Marie Melby of Gaithersburg; tive that Congress act now to provide Amer- tween the political elite in the city and the and three grandchildren. ican dairy farmers access to this program federal government. through enacting the Dairy and Sheep H–2A His support was considered crucial to the [From the Washington Post, Aug. 16, 2008] Visa Enhancement Act of 2008. This measure completion of large ventures, including the John F. Kennedy Center for the Performing BUD DOGGETT would codify existing regulatory practices and Arts and the old Washington Convention Leonard B. ‘‘Bud’’ Doggett Jr., the parking allow American sheep ranchers to legally hire Center, heralded as the country’s fourth lot tycoon and D.C. power broker who always foreign workers for an initial period of three largest after it was built in 1982. It was de- had the best interests of the city at heart, years and additional terms of three years with- molished in 2005. probably wouldn’t have liked us writing out requiring intervening periods of absence. It A key legacy was Mr. Doggett’s belief in about him in this space—he shunned pub- would also allow dairy farmers to hire foreign keeping business in the, city despite the dev- licity. But Mr. Doggett, who died Wednesday astating riots of 1968 and later tax increases. at the age of 87, exerted a powerful, mostly workers on a similar basis. unseen and highly beneficial influence on the Put simply, American dairy farmers need He held high offices with what is now the Greater Washington Board of Trade—he District during more than half a century. workers now. They can ill afford to wait for served a term as president in 1967—and led When he became president of what is now the Congress to complete its long delayed at- many efforts to rejuvenate downtown. Greater Washington Board of Trade in 1967, tempts to enact legislation accomplishing com- While leading the board, he helped donate most businesses discriminated against mi- prehensive immigration reform. Accordingly, I thousands of dollars’ worth of equipment for norities; Mr. Doggett urged his colleagues to urge my colleagues to work with me to help training courses in typing and hairdressing accept diversity. He spearheaded projects American dairy farmers and bolster our na- as well as sports uniforms and toys for resi- that helped rejuvenate the city’s downtown tion’s economy by enacting the Dairy and dents of the Valley Green housing complex slums. City leaders advancing a worthy cause knew that they could count on Mr. Sheep H–2A Visa Enhancement Act of 2008. in Southeast. Longtime broadcasting executive Andy Doggett. He would ask, ‘‘Are you sure that’s f Ockershausen said Mr. Doggett was ‘‘a good all you need?’’ and end the conversation by REMEMBERING LEONARD B. ‘‘BUD’’ negotiator and believed in downtown Wash- saying, ‘‘The check is in the mail.’’ Most re- ington. He always felt if downtown was cently, Mr. Doggett was a driving force be- DOGGETT, JR. thriving, the whole metropolitan area would hind the District’s impressive Hurricane thrive. He kept his business here, refused to Katrina relief efforts. HON. FRANK R. WOLF move it out of city.’’ Mr. Doggett’s friends say that his concern OF VIRGINIA Leonard Brent Doggett Jr. was born Aug. for the city stemmed from his humble roots. IN THE HOUSE OF REPRESENTATIVES 25, 1920, in the District and attended George- He was born in 1920 and grew up in an Irish town Preparatory School. tenement in an area near Union Station that Tuesday, September 16, 2008 He entered World War II as an Army Air immigrants affectionately called ‘‘Swamp- Mr. WOLF. Madam Speaker, on August 13, Forces pilot, then transferred to the Army poodle.’’ After serving in World War II, he when the Congress was in recess, the Wash- infantry after he was reprimanded for flying went to work for his parents, who owned a ington, DC, region lost one of its great civic under a bridge during training in Texas. small number of parking lots downtown. Mr. leaders when Leonard B. ‘‘Bud’’ Doggett, Jr., As an infantryman, he received decora- Doggett started out working as a valet, often tions for heroism. They included the Bronze babysitting jalopies filled with children passed away at the age of 87. Bud will be re- Star for organizing a defense unit as others while their parents took in a show. He even- membered by all for his steadfast dedication evacuated wounded soldiers from a besieged tually took over the parking lot business to community, especially through ‘‘Heroes,’’ French village. from his father and expanded aggressively, the non-profit organization he founded to sup- He took over his family’s parking business amassing a lucrative portfolio of real estate. port the families of law enforcement officers in the 1950s and began a large push into real But Mr. Doggett’s most lasting legacy will and firefighters killed on the job. His legacy of estate. He bought old rowhouses, which he undoubtedly be Heroes, a nonprofit organiza- civic involvement should be an inspiration to rented as rooming houses before razing them tion he founded in 1964 that supports families for parking lots. of law enforcement officers and firefighters all of us. I ask that an editorial in the Wash- He also won federal parking concessions, killed on the job. ‘‘As a police officer with ington Post about Bud’s life, as well as the including lots for the State Department and four kids of my own, I can’t even put into obituary about him from the same paper, be the Environmental Protection Agency. He words how important this program is,’’ Pat- inserted in the RECORD. We offer our sym- later focused on major hotel chains, such as rick Burke, D.C. assistant police chief, told pathies to his family. Sheraton and Hilton. us. Heroes has given millions of dollars to

VerDate Mar 15 2010 15:23 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00014 Fmt 0689 Sfmt 0634 E:\BR08\E16SE8.000 E16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 EXTENSIONS OF REMARKS, Vol. 154, Pt. 14 19353 the families of slain public servants and has We are taking this action because many of of commerce without being brought there by helped put hundreds of children through col- our constituents have suffered and passed economic activity. lege. Not bad, for a self-described shanty away due to asbestosis, mesothelioma, lung As a result, we limit exemptions to situations Irishman from Swamppoodle. cancer and other asbestos-related diseases where very low concentrations of asbestos are f and yet asbestos remains a legal product for unavoidable. However, we continue to recog- THE DAILY 45: CHICAGO POLICE many uses. Many workers in the 29th Con- nize that U.S. Environmental Protection Agen- OFFICER KILLS HIMSELF AND gressional District of Texas were tragically lost cy experts and others testified before our DAUGHTER due to their hard work in the shipping and Committee that there is no known safe level of maritime industries. asbestos and it remains highly toxic even in HON. BOBBY L. RUSH Many longshoreman, pipefitters, seafarers, very low concentrations. Regarding these narrow exemptions, the OF ILLINOIS and other maritime workers have been ex- legislative language is also quite clear that no IN THE HOUSE OF REPRESENTATIVES posed to deadly asbestos risks, so Houston is no stranger to the scourge of asbestos, as un- exemption from an asbestos ban—either stat- Tuesday, September 16, 2008 counted families continue to grieve their loss utory or regulatory—should have any bearing Mr. RUSH. Madam Speaker, the Depart- day after day. on any litigation on one side or the other. ment of Justice tells us that, everyday, 45 In 2000, a highly-valued Member of this Our legislation explicitly takes care to not people, on average, are fatally shot in the House, Congressman Bruce Vento of Min- create any new federal causes of action or de- United States. It is with a heavy heart that, nesota, was tragically lost to mesothelioma. fenses for plaintiffs or defendants. In the today, I offer my condolences to the people of He had made the protection of public health United States, the courthouse doors should al- my community as I mourn the senseless loss and the environment one of his priorities in ways be open to people with valid claims, but of life of Chicago Police Officer Dannie Congress, and he represented his district ex- our goal is to reduce the need for such claims Marchan, 29, and his daughter, seven-year-old tremely well. to be filed in the first place by avoiding asbes- Alizay. Police report these gun-related deaths We have worked very closely on this legisla- tos-related injuries and deaths. as a murder suicide with Officer Marchan al- tion with his successor, Congresswoman To prevent asbestos from entering the leged to have taken his own life after shooting BETTY McCOLLUM, who is equally devoted to stream of commerce, our legislation provides his two children. the protection of her constituents and the leg- for civil and criminal penalties for selling as- This incident happened yesterday morning acy of Congressman Vento. Congresswoman bestos containing products consistent with and, as of this time, Marchan’s 9-year-old son, McCOLLUM’s expertise, urgency and construc- other environmental laws. To be liable for whose name has not been released, is still tive attitude should be an inspiration to us all criminal penalties, a violation must be knowing fighting for his life with his mother, Officer on this issue. or willful. Marchan’s ex-wife, at his side. I would also like to recognize my good As the chairman of the Environment and This senseless loss of life should not hap- friends and colleagues on the Energy and Hazardous Materials Subcommittee, I intend pen to anyone. In an instant that can’t be Commerce Committee, Congresswoman HILDA to work with my colleagues and all parties and taken back, Officer Marchan handled his SOLIS and Congresswoman LOIS CAPPS for move this legislation next year. stresses with a loaded weapon leaving dev- their strong support and valuable contribution f astating loss in its wake. to this important legislation. Like many Mem- HONORING DR. HOWARD KOCH, Americans of conscience must come to- bers, they also represent too many families gether to stop the senseless death of ‘‘The OHIO’S 2008 OUTSTANDING OLDER that have been devastated by asbestos-re- WORKER Daily 45.’’ When will we say ‘‘enough is lated disease. enough, stop the killing!’’ For many years, statistics were inaccurate, f but recent medical knowledge reveals that HON. JIM JORDAN nearly 10,000 people continue to die each OF OHIO INTRODUCTION OF THE BRUCE IN THE HOUSE OF REPRESENTATIVES VENTO BAN ASBESTOS AND PRE- year as a result of asbestos-related disease. Tuesday, September 16, 2008 VENT MESOTHELIOMA ACT OF With such a horrible toll, many Americans may 2008 believe that asbestos was already banned. Mr. JORDAN of Ohio. Madam Speaker, I In fact, EPA attempted to ban asbestos in am pleased to commend Dr. Howard Koch of HON. GENE GREEN products in 1989, well after the deadly effects Lima, OH, to the House of Representatives as were well-known, but their decision was over- Ohio’s 2008 Outstanding Older Worker. OF TEXAS turned by the Fifth Circuit Court of Appeals in Eighty-four years young, Dr. Koch per- IN THE HOUSE OF REPRESENTATIVES 1991 in the case Corrosion Proof Fittings v. formed general dentistry for 45 years. After Tuesday, September 16, 2008 EPA. This ruling based on the statutory inter- selling his practice, he has continued to per- Mr. GENE GREEN of Texas. Madam pretation of the Toxics Substances Control Act form denture work for the past 12 years. Speaker, today marks a milestone for the U.S. and administrative law kept the market for as- About his life’s work, Dr. Koch stated, ‘‘Work— House of Representatives in the fight against bestos-containing products alive, while thou- it’s not really work. I like what I do and when asbestos-related disease. The Bruce Vento sands continued to die. you like what you do, it’s not work.’’ Act is strong and comprehensive legislation to The Bruce Vento Act does not permit as- Dr. Koch has many accomplishments to his prohibit asbestos-containing products in com- bestos in products sold in the U.S. in any con- name from his distinguished career. In the merce. centration, except for those products that meet 1960s, he co-chaired a committee to have flu- As chairman of the Subcommittee on the certain narrow, justifiable, and unavoidable ex- oride added to Lima’s water supply. He also Environment and Hazardous Materials Sub- ceptions and exemptions. made the first mouthguards for area football committee, I believe action to eliminate asbes- These exceptions apply when asbestos is players. He has served as president of the tos-containing products from the U.S. econ- present in a product due to deposition from Northwest Ohio Dental Association. omy and prevent asbestos-related disease is ambient air, or from water that meets the Safe Though Dr. Koch has enjoyed a wonderful long overdue. Water Drinking Act standard for asbestos. The career, he did not always intend to be a den- We are proud to have the support of the As- limited exemptions from the prohibition ban- tist. He served as a bombardier during World bestos Disease Awareness Organization, the ning asbestos-containing products take into War II and attained the rank of Second Lieu- Mesothelioma Applied Research Foundation, account public health considerations and apply tenant. He originally planned to be a teacher the AFL–CIO, the American Public Health As- in specific situations and for certain products, after serving in the military but changed his sociation, the Environmental Working Group, such as aggregate products, like asphalt or mind and entered the field of dentistry. and other asbestos organizations. concrete, or certain minerals that can be asso- Though he keeps busy with his denture Since we take this historic step near the end ciated with asbestos. practice, Dr. Koch enjoys spending his free of the 110th Congress, we intend to move the These exemptions are narrowly tailored to time cooking and baking homemade bread. legislation forward next Congress and work reduce asbestos in products to the maximum He also enjoys dabbling in photography. He with all parties to address their concerns while extent possible. While asbestos is a naturally and his wife Patricia have been married for 63 maintaining public health protection. occurring mineral, it does not enter the stream years.

VerDate Mar 15 2010 15:23 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00015 Fmt 0689 Sfmt 9920 E:\BR08\E16SE8.000 E16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD 19354 EXTENSIONS OF REMARKS, Vol. 154, Pt. 14 September 16, 2008 Madam Speaker, I take great pride today in Almost anyone who spent time with Mr. millions of people each year hiking and recognizing Ohio’s 2008 Outstanding Older Seiberling soon encountered his intelligence riding its pathways, enjoying its meadows, Worker, Dr. Howard Koch. and wit. What his legislative colleagues and its wetlands and banks of trees, their colors others appreciated was his modesty and ci- radiant in the fall. Practically all of us boast f vility, He listened to opposing views, Per- about the park to friends and family else- IN MEMORY OF JOHN F. haps that stemmed from his own story, the where, and when they come to visit, they SEIBERLING scion of the family that founded Goodyear marvel, too. becoming a liberal Democrat. His calm, in- The park isn’t the Grand Canyon or Yel- formed and reasoned approach proved most lowstone, obviously. Mr. Seiberling knew the HON. MARK UDALL effective in aiding his causes. It meant that Big Country. One of his proudest accomplish- OF COLORADO when he got his back up (say, his snapping ments representing the Akron area in the IN THE HOUSE OF REPRESENTATIVES ‘‘Who the hell are you?’’ at James Gold- U.S. House for 16 years was his essential role smith, the corporate pirate seeking to con- in preserving 54 million acres of wilderness Tuesday, September 16, 2008 sume Goodyear), his passion proved all the in Alaska. The Cuyahoga Valley park rep- Mr. UDALL of Colorado. Madam Speaker, more persuasive. resented an innovation in the concept. Why like so many of our colleagues I heard with President Clinton later awarded John Sei- not do the same in the industrial heartland great sorrow of the passing of former Rep- berling the Presidential Citizens Medal, which of the country? resentative John F. Seiberling of Ohio. is awarded in recognition of U.S. citizens who Almost anyone who spent time with Mr. While I did not have the opportunity to serve Seiberling soon encountered his intelligence have performed exemplary deeds of service and wit. What his legislative colleagues and with Mr. Seiberling, I knew of his distinguished for our Nation. others appreciated was his modesty and ci- career and especially of his being a longtime In making the award, the President rightly vility. He listened to opposing views. Per- friend and colleague of my father, both during explained that ‘‘An ardent advocate for the en- haps that stemmed from his own story, the and after his own service in the House. vironment, John F. Seiberling has dem- scion of the family that founded Goodyear My father and John Seiberling not only onstrated a profound commitment to America’s becoming a liberal Democrat. His calm, in- served at the same time, they worked closely natural treasures. Championing numerous bills formed and reasoned approach proved most together on many measures that came before during his 17 years in Congress, including the effective in aiding his causes. It meant that what was then the Committee on Interior and Alaska Lands Act, John Seiberling safe- when he got his back up (say, his snapping Insular Affairs—now known as the Natural Re- guarded millions of acres of parks, forests, ‘‘Who the hell are you?’’ at James Gold- smith, the corporate pirate seeking to con- sources Committee. wildlife refuges, and wilderness areas.’’ And, sume Goodyear), his passion proved all the Examples include the legislation dealing in recognition of John Seiberling’s work as a more persuasive. with strip mining, the Surface Mining Control member of the Judiciary Committee, President Most telling, Mr. Seiberling knew who he and Reclamation Act, finally signed into law by Clinton went on to say that ‘‘working in a spirit was, and didn’t pretend otherwise. Even as President Carter after President Ford had ve- of bipartisanship, he also promoted civil rights he cut a national profile conserving public toed an earlier version, and the Alaska Na- and worker rights, always striving to improve lands, he understood his leading role in- tional Interest Lands Conservation Act, the quality of life in America.’’ volved representing the city and its sur- ANILCA, also known as the ‘‘Alaska Lands Truer words were never spoken of any roundings. He brought federal backing to the Member of Congress—and, once again, the Akron-Canton airport, the Goodyear Tech- Act,’’ which was signed into law on December nical Center and other projects critical to 2, 1980. Beacon Journal got it right when its editors the community. He didn’t duck confronta- Also, for many years John Seiberling was wrote ‘‘John Seiberling led an admirable life. tions. He felt comfortable in his own skin, the voice of historic preservation in the Con- He might have been content to become the and at ease in the face of opposition. gress. He authored the legislation that created fine attorney and avid amateur photographer John Seiberling led an admirable life. He the Historic Preservation Fund and the 1980 that he was. Instead, he jumped into the polit- might have been content to become the fine Amendments to the National Historic Preser- ical fray and in doing so, provided an example attorney and avid amateur photographer vation Act, and he helped win passage of the of what it means to pursue the highest stand- that he was. Instead, he jumped into the po- ards of public life. That is something very litical fray and in doing so, provided an ex- first Federal tax credits to preserve historic ample of what it means to pursue the highest buildings. much worth remembering and preserving.’’ John Seiberling’s example is one we should standards of public life. That is something Indeed, both as a private citizen and a pub- very much worth remembering and pre- lic leader, John Seiberling inspired and ele- all remember and try to emulate. serving. Here is the complete text of the Beacon vated the stewardship of our Nation’s land and f its natural and cultural heritage. Journal editorial, from the paper’s August 5th At home, he was a leader in saving the his- edition: CONGRATULATIONS TO UNION toric heritage of Ohio, including his birthplace, THE SEIBERLING LEGACY.—START WITH THE TOWNSHIP ON THEIR 200TH ANNI- Stan Hywet Hall in Akron. And while he was CUYAHOGA VALLEY NATIONAL PARK, AND VERSARY the shepherd of more than 60 park-related THEN CONSIDER THE REMARKABLE POLITICAL bills, he took special pride in writing and SKILLS THAT BROUGHT THE DREAM TO RE- ALITY HON. DONALD M. PAYNE achieving the enactment of the Act to protect OF NEW JERSEY the Cuyahoga Valley between Akron and John F. Seiberling often explained that in preserving land, we preserve something of IN THE HOUSE OF REPRESENTATIVES Cleveland, Ohio, as a national recreation area, ourselves. One generation sends an enduring Tuesday, September 16, 2008 now a national park. message to its successors about what it holds As his hometown paper, the Akron Beacon dear. Who has forgotten the wisdom of Theo- Mr. PAYNE. Madam Speaker, I ask my col- Journal put it ‘‘John F. Seiberling often ex- dore Roosevelt and others advancing the leagues here in the U.S. House of Represent- plained that in preserving land, we preserve cause of national parks? In that same way, atives to join me as I rise to congratulate something of ourselves. One generation sends Mr. Seiberling long will be remembered, fol- Union Township, New Jersey, on the celebra- an enduring message to its successors about lowing his death over the weekend at age 89, tion of its 200th anniversary. what it holds dear. Who has forgotten the wis- for his vision in seeking to preserve 33,000 Union Township plays an integral part in acres in Northeast Ohio, a vast urban park- Union County and the 10th Congressional Dis- dom of Theodore Roosevelt and others ad- land between Akron and Cleveland, and then vancing the cause of national parks? In that having the political skills to turn the dream trict of New Jersey. same way, Mr. Seiberling long will be remem- into reality. Prior to the establishment of Union Town- bered . . . for his vision in seeking to pre- That achievement revealed so much about ship, that region known as Elizabethtown serve’ 33,000 acres in Northeast Ohio, a vast his public service. In this election season, played a fundamental role in the American urban parkland between Akron and Cleveland, candidates spend many hours touting their Revolution. It was the site of the Battle of and then having the political skills to turn the virtues, why their presence at the State- Connecticut Farms where the British tried to dream into reality.’’ house or on Capitol Hill is necessary. Rare is force their way to Hobart Gap but were denied the lawmaker who enhances the quality of And the same editorial also noted an impor- community life to the degree of Mr. Seiber- by the strong and resilient spirit of the Conti- tant point about John Seiberling’s character ling. He was a once-in-a-generation leader. nental Forces. This spirit of determination is a and why he was so effective here in Congress Look at the Cuyahoga Valley National testament to the solid foundation on which and back home: Park today, three decades after its creation, Union Township rests.

VerDate Mar 15 2010 15:23 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00016 Fmt 0689 Sfmt 9920 E:\BR08\E16SE8.000 E16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD September 16, 2008 EXTENSIONS OF REMARKS, Vol. 154, Pt. 14 19355 On the 23d day of November in 1808, the It is September 16, 2008 in the land of the ever faced can be traced to our commitment State Legislature of New Jersey designated free and the home of the brave, and before to this core, self-evident truth. that Connecticut Farms would be separated the sun set today in America, almost 4,000 It has made us the beacon of hope for the from Elizabethtown. This new municipality was more defenseless unborn children were killed entire world. Madam Speaker, it is who we to be called Union Township. by abortion on demand. That’s just today, are. Since its inception Union Township has Madam Speaker. That’s more than the num- And yet today another day has passed, and been a cultural hub attracting people from all ber of innocent lives lost on September 11 in we in this body have failed again to honor that cultures and backgrounds. this country, only it happens every day. foundational commitment. We have failed our Today, the township is comprised of over It has now been exactly 13,021 days since sworn oath and our God-given responsibility 50,000 residents and 27 houses of worship. the tragedy called Roe v. Wade was first as we broke faith with nearly 4,000 more inno- Every year, Union Township holds several pa- handed down. Since then, the very foundation cent American babies who died today without rades where people from different cultures can of this Nation has been stained by the blood the protection we should have given them. celebrate their heritage through various pa- of almost 50 million of its own children. Some So Madam Speaker, let me conclude this rades and festivals. The Township will cele- of them, Madam Speaker, cried and screamed Sunset Memorial in the hope that perhaps brate the occasion with a parade on October as they died, but because it was amniotic fluid someone new who heard it tonight will finally 12, 2008. passing over the vocal cords instead of air, we embrace the truth that abortion really does kill Union Township is an intermingling of Colo- couldn’t hear them. little babies; that it hurts mothers in ways that nial American history and contemporary subur- All of them had at least four things in com- we can never express; and that 13,021 days ban living. In 1976 Union Township achieved mon. First, they were each just little babies spent killing nearly 50 million unborn children the honored designation of being named an who had done nothing wrong to anyone, and in America is enough; and that it is time that All-American City. Just this year, Union Town- each one of them died a nameless and lonely we stood up together again, and remembered ship was. chosen by CNN as one of the top death. And each one of their mothers, whether that we are the same America that rejected 100 places to live in the country. she realizes it or not, will never be quite the human slavery and marched into Europe to ar- Union Township again stands out on the na- same. And all the gifts that these children rest the Nazi Holocaust; and we are still cou- tional stage because it is home to the world’s might have brought to humanity are now lost rageous and compassionate enough to find a tallest water sphere. Residents are also proud forever. Yet even in the glare of such tragedy, better way for mothers and their unborn ba- of their outstanding higher education institu- this generation still clings to a blind, invincible bies than abortion on demand. tion, Kean University, as well as their excellent ignorance while history repeats itself and our Madam Speaker, as we consider the plight elementary and secondary school systems. own silent genocide mercilessly annihilates the of unborn America tonight, may we each re- Madam Speaker, I know my colleagues most helpless of all victims, those yet unborn. mind ourselves that our own days in this sun- agree that Union Township and its residents Madam Speaker, perhaps it’s time for those shine of life are also numbered and that all too have every right to be proud of the lasting of us in this Chamber to remind ourselves of soon each one of us will walk from these contributions Union Township has made to the why we are really all here. Thomas Jefferson Chambers for the very last time. State of New Jersey and to the United States said, ‘‘The care of human life and its happi- And if it should be that this Congress is al- of America. I am pleased to congratulate ness and not its destruction is the chief and lowed to convene on yet another day to come, Union Township on its first 200 years and only object of good government.’’ The phrase may that be the day when we finally hear the proud to have a significant part of the town- in the 14th amendment capsulizes our entire cries of innocent unborn children. May that be ship in the 10th Congressional District. Constitution. It says, ‘‘No State shall deprive the day when we find the humanity, the cour- f any person of life, liberty or property without age, and the will to embrace together our SUNSET MEMORIAL due process of law.’’ Madam Speaker, pro- human and our constitutional duty to protect tecting the lives of our innocent citizens and these, the least of our tiny, little American HON. TRENT FRANKS their constitutional rights is why we are all brothers and sisters from this murderous here. OF ARIZONA scourge upon our Nation called abortion on demand. IN THE HOUSE OF REPRESENTATIVES The bedrock foundation of this Republic is the clarion declaration of the self-evident truth It is September 16, 2008, 13,021 days since Tuesday, September 16, 2008 that all human beings are created equal and Roe versus Wade first stained the foundation Mr. FRANKS of Arizona. Madam Speaker, I endowed by their Creator with the unalienable of this Nation with the blood of its own chil- stand once again before this House with yet rights of life, liberty and the pursuit of happi- dren; this in the land of the free and the home another Sunset Memorial. ness. Every conflict and battle our Nation has of the brave.

VerDate Mar 15 2010 15:23 Mar 21, 2011 Jkt 069102 PO 00000 Frm 00017 Fmt 0689 Sfmt 9920 E:\BR08\E16SE8.000 E16SE8 WReier-Aviles on DSKJ8SOYB1PROD with BOUND RECORD