Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 110 CONGRESS, SECOND SESSION

E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 110 CONGRESS, SECOND SESSION

Vol. 154 WASHINGTON, TUESDAY, SEPTEMBER 16, 2008 No. 147 House of Representatives The House met at 9 a.m. and was a distress sale of Merrill Lynch over wants to hide the extent of the dam- called to order by the Speaker pro tem- the weekend; Lehman Brothers is look- age, the risk, and the burden on the pore (Ms. SOLIS). ing for bankruptcy on Monday morn- American people. f ing; and the auto industry is looking I would like to enter into the RECORD for another $25 million in bailout; and the lead Sunday editorial in the New DESIGNATION OF SPEAKER PRO AIG wants a $40 billion bridge loan York Times, called: Bailout Hide and TEMPORE from the Federal Reserve. The stock Seek. The SPEAKER pro tempore laid be- market, as I say, went down 500 points The Federal budget deficit has fore the House the following commu- yesterday. No one really thinks we can swelled to more than $400 billion, and nication from the Speaker: see the light at the end of the tunnel. is headed for $500 billion, but the ad- WASHINGTON, DC, Who’s next? We can’t answer that ministration wants to keep the cost of September 16, 2008. question of who is next, other than to the bailouts off the Federal books. I hereby appoint the Honorable HILDA L. say an awful lot of people in the finan- They want to hide the magnitude of SOLIS to act as Speaker pro tempore on this cial industry are working nights and the crisis and their duplicity in making day. weekends to assess their exposure, and it possible for the last 8 years of eco- NANCY PELOSI, do damage control, if possible. nomic abandonment. Speaker of the House of Representatives. What’s next? This is a question we Things are so bad that no one can ac- f can begin to answer. What’s next is curately predict what the cost will be that the American people are going to MORNING-HOUR DEBATE or how much the American people have be on the hook for the Bush problem been saddled with. The only thing the The SPEAKER pro tempore. Pursu- for the next generation, and in so many administration keeps saying is, Charge ant to the order of the House of Janu- ways will have to pay much of the fi- it to the American people. Just like ary 4, 2007, the Chair will now recog- nancial mess. the Iraq war, which is adding up to a nize Members from lists submitted by The last 8 years of this administra- trillion-dollar tab. the majority and minority leaders for tion, they did everything they could to morning-hour debate. eliminate, gut, stymie, and ignore re- This President misspent the public The Chair will alternate recognition sponsibility for regulatory oversight by trust and squandered the full faith and between the parties, with each party the Federal Government. This adminis- credit of the American people. The limited to 25 minutes and each Mem- tration worshipped at the altar of the bills just keep coming due after the ad- ber, other than the majority and mi- free enterprise system and the market. ministration leaves office. They say in nority leaders and the minority whip, The President wanted the gold, but business: There’s no such thing as a limited to 5 minutes, but in no event without a standard. free lunch. What they don’t say is that shall debate continue beyond 9:50 a.m. Republicans did everything they the President has arranged for the American people to pick up the tab. f could to let the financial industry do anything it wanted, regardless of con- The American financial crisis is the TAKING THE ‘‘FREE’’ OUT OF THE sequence. At the same time, the admin- culmination of Republican economic FREE ENTERPRISE SYSTEM istration made clear in its Federal ap- policies. Spend freely, lower taxes, and The SPEAKER pro tempore. The pointments they wanted Federal regu- don’t ask anybody to make any kind of Chair recognizes the gentleman from latory agencies on the sidelines. sacrifice for a war. Just spend. They Washington (Mr. MCDERMOTT) for 5 Without government oversight got what they wanted, and left the minutes. watching out for the interests of the American people holding the bag, and Mr. MCDERMOTT. Madam Speaker, American people, the industry turned the tab. this is a propitious day. The market free rein into freewheeling, irrespon- The next administration will not dropped 500 points yesterday, the larg- sible policies. When the dominoes only have to rebuild America’s moral est drop since 2001. The economic and began to fall, the administration leadership in the world, we will have to regulatory policies of this President stepped in to charge billions for bail- rebuild America’s economic system has certainly taken the ‘‘free’’ out of outs to the American people. And it’s and the confidence here at home. The the free enterprise system. Across not over yet. legacy of this President is clear. He America, the dominoes are falling. The current financial crisis is the took the ‘‘free’’ out of the free enter- Bear Stearns fell a few months ago; worst in decades, and yet the shell prise system, and instead billed it to Fannie Mae, Freddie Mac, a week ago; game goes on. The administration the American people.

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.

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VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A16SE7.000 H16SEPT1 jbell on PROD1PC69 with HOUSE H8132 CONGRESSIONAL RECORD — HOUSE September 16, 2008 Madam Speaker, we can’t wait to be considering this year in the next earmarks that were requested by that have the change that BARACK OBAMA week or so. There’s a rumor going appropriator, as well as a few other will bring for this country. around that the defense bill might even Members. [From the New York Times, Sept. 14, 2008] be brought to the floor without going I would remind my colleagues that BAILOUT HIDE AND SEEK through a full Appropriations Com- appropriators make up 15 percent of the Members in this body. Yet, in this On Friday, less than a week after the gov- mittee markup. ernment took control of Fannie Mae and Now that is troubling in itself, but bill, appropriators alone are taking 44 Freddie Mac, the White House announced what is more troubling is that there percent of the earmarks. Again, just 15 that there is no reason at this time to ac- are some 1,200 earmarks in this defense percent of the Members of the body, count for the companies in the federal budg- appropriation bill that very few Mem- and 44 percent of the earmarks. et. That is great news for officials who prefer bers of this body have actually even When you translate that into actual to hide the cost of the bailout since it is due, seen. That list has been passed around dollar amounts, appropriators are tak- in large part, to their failure to adequately to Appropriations Committee mem- ing $1.6 billion taxpayer dollars back to regulate the financial markets and steward bers. A few members of the press have their district. This represents 48 per- the economy. But it is an insult to tax- cent of the total dollars earmarked in payers, whose money is at risk, and it is a seen it. Our office managed to see a copy of the report. But virtually no- this massive appropriations bill. reckless gambit. So what we have here, Madam Speak- The Congressional Budget Office reported body else has seen it. That is 1,200 ear- on Tuesday that the government’s finances marks. For all the talk about trans- er, is a spoils system. It’s not any high- are deteriorating rapidly: the budget deficit parency and a new process and where minded, I know my district better than for this year is expected to reach $407 billion, these earmarks will be vetted, we see some faceless bureaucrat. It’s, If I am more than double last year’s shortfall, and very little of that here. an appropriator, or I am in a leadership to exceed $500 billion in 2009. The takeover of I have been troubled for a long time position, I’m in a good position to get Fannie and Freddie, necessary though it is, these earmarks. will add to the deterioration. Airbrushing at the number of earmarks that go through this body. A lot of people have Let me just run through a couple of that away will only open the door to unin- the earmarks in the bill. This is a de- been troubled. The whole country is formed—or negligent—decisions on spending fense bill. The purpose of this appro- and tax cuts. troubled by the number of earmarks priation bill is to fund our troops and The White House says that the extent of that go through this body without real- to fund our defense. Yet, we have, for the government’s control of Fannie and ly even being seen and without any- example, something called the Presidio Freddie does not warrant including the com- body knowing what they are about. panies’ operations in the budget. That is ab- It’s not just the money that is spent. Heritage Center in California. It may surd. The government has seized the compa- be a worthy project. It may be some- We all know that earmarks leverage nies, firing their executives and installing thing a local government or local peo- higher spending everywhere else. Be- new ones, offering to invest up to $200 billion ple want to fund, but why in the world cause once you get an earmark in an in the companies if necessary, and most sig- the Congress is funding it in the de- appropriation bill, then you’re really nificant, making an ironclad promise to pay fense bill, I just don’t know. their trillions of dollars in obligations, if obligated, almost obligated, to vote for But if this bill comes to the floor need be. The White House also claims that that entire bill, no matter how bloated without being marked up in com- the risk to taxpayers is not yet serious that bill becomes. So you see higher enough to require that the costs be shown in mittee, nobody will be able to chal- spending everywhere else. Also, ear- lenge it in committee. Nobody will be the budget. But there is a very real cost to marks are put in unrelated bills in guaranteeing the obligations of Fannie and able to see it. If it comes to the floor Freddie, even if the government never has to order to garner votes for other bills. under any other auspices than an open cough up a penny. The taxpayer is on the But let me just talk about the defense rule, then no Members of this body, the hook while the guarantee is outstanding— bill here just a minute. body as a whole, will be able to even and the Treasury says that will last past Members of Congress, those who de- question it. Dec. 31, 2009, when its bailout authority offi- fend the secretive earmarks, often say There’s also something called a Cold cially ends. that Members of Congress know their The Congressional Budget Office has said Weather Layering System. That is usu- districts far better than these faceless ally a highfalutin word for a coat. that it will calculate the cost of taxpayers’ bureaucrats in the administration, and risk and include it in its version of the budg- Sometimes gloves are put in here under et, which is separate from the White House that somehow, having Members of Con- big names about hand-warming sys- version of the budget. Having conflicting gress sneak a secretive earmark into a tems, or whatever else, when it budgets is hardly a good way to restore con- conference report, is somehow better shouldn’t be funded in the defense bill fidence in the government’s financial man- than having the administration decide at all. agement. But the C.B.O. accounting will pre- where that money is spent. Another one, University Strategic vent the White House from saying, in effect, Now I am not here to defend bureau- Partnerships, Renewable Carbon Fuel ‘‘yes, bondholders, your investments are crats or to defend the spending of fully guaranteed, but you, dear taxpayers, from Algae. These may be good money, but I can tell you it’s not a projects, but they shouldn’t be in the don’t worry, it costs you nothing.’’ As the good process when Members of Con- government (read: taxpayers) assumes addi- defense bill. gress can put an item in a bill and have tional risks, it is more important than ever f to get the accounting right. Accurately reso little scrutiny, and what tends to flecting the budget cost of the Fannie and happen is those who are up on the food CLEAN ENERGY ECONOMY Freddie bailout would not lead to an explo- chain in Congress, those on the Appro- The SPEAKER pro tempore. The sion in public debt. Prudent accounting, ac- priations Committee, those who are in Chair recognizes the gentleman from curately applied, would limit the amount leadership positions, committee chairs, Washington (Mr. INSLEE) for 5 minutes. that must be counted against the nation’s tend to get a disproportionate number Mr. INSLEE. I have come this morn- overall debt ceiling. Accurately accounting of earmarks. ing to take issue with a comment by for risk would limit the cost of making good on the companies’ obligations to a figure So the argument that earmarks go to one of the candidates for President that reflects the likelihood of taxpayers ac- places because Members of Congress about how our economy is doing fine, tually having to pay up. know their districts better than face- the fundamentals are strong. I want to No one yet knows the ultimate cost of the less bureaucrats really means that say that we have to do some major bailout, but it is already more than zero. whoever has the power in this body work rebuilding our economy and re- f gets the earmarks. building millions of jobs, and that we Let me demonstrate a little here. Of will have a bill on the floor this week DEFENSE APPROPRIATIONS the 1,200 earmarks tucked into the full that we will propose to restore eco- The SPEAKER pro tempore. The committee report of this bill, it’s nomic growth by rebuilding a new, Chair recognizes the gentleman from worth about $2.8 billion. Of these ear- clean energy economy for America. Arizona (Mr. FLAKE) for 5 minutes. marks, more than 400 go directly to We believe that we need to have a Mr. FLAKE. Madam Speaker, I rise Members who sit on the Appropriations new birth of whole new industries in this morning just to shed a little light Committee. An additional 111 are asso- America to start to replace the hem- on the defense bill we may or may not ciated with appropriators. These are orrhaging of jobs that we have suffered,

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K16SE7.002 H16SEPT1 jbell on PROD1PC69 with HOUSE September 16, 2008 CONGRESSIONAL RECORD — HOUSE H8133 and we believe that we can do this by a revolutionary system that is 30 to 40 of using products like corn for ethanol, building green collar jobs and a whole percent less expensive for a lot of en- using the biomass, the waste products new clean economy for America. ergy coming from these photovoltaic of things like corn and sugar cane and In the next few days, we will be pro- arrays. Those are manufacturing jobs other products, to make ethanol, which posing to the House a comprehensive in America. we can do. The technologies haven’t energy bill that will be focused on General Motors is getting ready in advanced to the point where they are building new jobs in America. And we 2010 or 2011 to mass produce the first commercially viable. All of that is here think Americans deserve this. We plug-in electric car in America, where in the American Energy Act. To look think Americans are ready for this. we are going to put Americans to work at doing things like increasing the And we think it is an American des- in this manufacturing process. ability to permit nuclear facilities so tiny, as we were the arsenal of democ- This is why I mention this. We will we can reduce our dependence on Mid- racy in World War II, to now become have a bill on the floor in the next few dle Eastern oil. All of the things that the arsenal of clean energy for the days that will truly advance these have been talked about in the last few world. manufacturing millions of new green months have been encompassed in a I want to talk about some of the collar jobs in solar, in plug-in electric bill that has bipartisan support. things I’ve learned just in the last few cars, by doing several things. It will Unfortunately, the liberal leadership months about our ability to grow a new create a tax code that will give benefits has not allowed a discussion, a debate, clean energy economy in the world. to companies to manufacture these or a vote on the American Energy Act. I’d like to refer to a photograph products. It will give tax breaks to So what we have said is, Bring it up. If taken a few weeks ago in Golden, Colo- Americans to buy these products. It you don’t like it, let’s bring up amend- rado. This is a photograph taken at the will create a 15 percent requirement ments. Let’s have everything put on National Renewable Energy Lab. This that our utilities use these new, clean the table to address this important dis- lab is vested with the charge to help energy sources. It will create a re- cussion that is so important to our build new technologies to grow new search and development fund to help do country, and hurting our economy. jobs in America. I want to report this the research to bring these to market. Something that we can do to help the picture, I think, encapsulates the po- And my Republican colleagues, I will economy. tential future for the American trans- call on them and we will call on them So what happens? What is the ap- portation system and the American to join us in a comprehensive bill to proach that is taken by the liberal new energy system to drive jobs in that truly help the development of these leadership? By dark of night, last direction. new technologies. We hope they will night, we finally saw what their plan This is a photograph of a photo- abandon their shortsighted view that was. It was this bill that was put to- voltaic array, this panel here that is these technologies aren’t the future. gether in a back room somewhere with mounted on this pedestal. On the other This is the future. who knows what groups, because no- side of this metal is a photovoltaic f body, even people on the other side, array that basically captures the sun’s Madam Speaker, members of the energy and transfers it to electric en- AMERICAN ENERGY ACT Democratic Party who support a com- ergy. This array itself is attached to The SPEAKER pro tempore. The prehensive plan, were not even allowed these two cars here. These two cars are Chair recognizes the gentleman from to have input on the bill that was filed plug-in electric cars. These are two Louisiana (Mr. SCALISE) for 5 minutes. late last night, dark of night, with a 10 cars that essentially we will plug in at Mr. SCALISE. Madam Speaker, in o’clock filing of the bill. At 10:30, they night, when these cars are on the road. the last 4 months, there has been a had a meeting to decide that they And they are mass produced in Amer- very intense debate going on here in weren’t even going to allow an amend- ica. this Congress, but also across the en- ment to be brought up, and that today These cars plug in at night. We tire country, and that debate has been it would come up on the House floor for charge them for 8 hours. And then they about energy; about what can be done a vote. That is not the way you handle will run about 40 miles on all elec- to lower the price of gasoline at the the most important issue in this coun- tricity. So that these cars will emit no pump and reduce our dependence on try that we are facing right now. carbon dioxide. They’ll run just on en- Middle Eastern oil. It’s a very healthy When there’s been an alternative on ergy and electricity for 40 miles. If you debate, a debate that we need to have, the table for a month, with active dis- want to go more than 40 miles a day, but a debate that we need to resolve cussion, you don’t by dark of night put you’ll run on gasoline or ethanol for here in this body with an open debate something together that nobody’s seen, the remaining 200, 250-mile range, plus. and vote on the options that have been and then say, Okay, tomorrow we’re Now the wonderful thing about this, put on the table. going to bring it up for a vote, and not and I’ve done a lot of research, but Back 2 months ago, House Repub- one amendment can be offered. something I learned, and I was very im- licans put together a bill that actually Of course, once you start looking pressed with the young man at the Na- has garnered bipartisan support, called through their bill, you can quickly see tional Renewable Lab that told me the American Energy Act, a com- why they did it by dark of night and that this array right here, which isn’t prehensive plan to address this na- why they don’t want any amendments a lot larger, you can see, than a roof- tional energy crisis our country is fac- offered. Because this bill that they are top, will charge in 8 hours, fully ing, both to look at what we can do to going to have a vote on today, that no- charge, two of these plug-in electric increase the supply of American oil, to body has been able to go through in cars to run a full 40 miles on elec- reduce our dependence on Middle East- great detail, the more you look at it, tricity, and they then can run on gaso- ern oil in the short-term, but also to you realize this is a do-nothing bill. line an additional 200, 250 miles. look at the long-term objectives of how This bill will actually put our country This was a remarkable statement to to move off of oil and move more to- more at risk to Middle Eastern oil. me because this picture, I believe, is ward alternative sources, like renew- Why is that? Exhibit A in our ability to totally rev- able sources of energy, looking at wind, Well, there are a number of provi- olutionize our transportation system looking at solar, and trying to advance sions. First, let’s talk about revenue and grow millions of new jobs in Amer- those technologies so that they can be- sharing. Right now, States have the ica to do that. Let me give you an ex- come more viable in the marketplace ability to get revenue sharing for the ample of that. so that somebody can go and buy an drilling that they do. In my State, These photovoltaic arrays are now electric car and be able to drive back Louisiana, we drill about 30 percent of being manufactured in America, not and forth to work without plugging it the country’s oil. We have been doing just in the silicone-based systems that in for 6 hours. it for a long time. Finally, after years we’re familiar with, but 2 months ago Those technologies will advance, and and years of negotiation, we were able at the Nano Solar Company in Cali- in the American Energy Act we are en- to get an agreement that there would fornia, Americans produced the first couraging those renewable sources of be revenue sharing. That we would be thin-cell photovoltaic to actually have energy, to advance things like, instead able to participate in the revenue that

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K16SE7.004 H16SEPT1 jbell on PROD1PC69 with HOUSE H8134 CONGRESSIONAL RECORD — HOUSE September 16, 2008 is generated by the drilling that’s done at home, support the U.S. economy and None of this will be easy, and some of off of our own coast. It doesn’t start provide American jobs, then we must it won’t be quick. But the time is right until 2017. Their bill takes that away. produce more of our own oil and nat- to craft a national energy policy that Why is that significant to States like ural gas as well. allows working families in Wisconsin Louisiana? Number one, it’s a huge dis- It’s time to say ‘‘no’’ to the cam- to spend less of their money padding incentive for anybody to want to drill. paign cash handed out by big oil cor- the bank accounts of oil executives, If a State that doesn’t drill at all, like porations to lobbyists and other special and more of their money on their own Florida, now wants to start looking at interests here in Washington. The first families. drilling, which they do, this takes priority is to stop pointing fingers and By working together, we really will away their incentive. We use those rev- instead start joining hands across the build a better future, and an energy enues in Louisiana. It’s dedicated in aisle. independent future for all of us. our constitution to rebuilding our van- Let’s begin to work together and de- ishing coast. That’s our barrier against velop a comprehensive energy plan, a f future hurricanes. Why would the plan that is created not behind closed doors, but right here on the House Democratic leadership want to take ENERGY PRICES RISING away our ability to have revenue shar- floor, right here in the open. ing that we will use to restore our For months, I have been advocating a The SPEAKER pro tempore. The coast and put our hurricane barrier three-point policy plan. First, we do Chair recognizes the gentleman from back in place in Louisiana? have to drill for new oil and natural Tennessee (Mr. COHEN) for 5 minutes. They don’t do anything on oil shale gas here in America. Our Nation has Mr. COHEN. Madam Speaker, our Na- revenue sharing. They don’t do any- substantial untapped oil reserves, both tion is suffering. While many citizens thing on the lawsuit abuses. Right now, under Federal land already leased to are living paycheck to paycheck, en- lawsuits by radical environmental oil companies and offshore in U.S. ter- ergy prices have been rising, affecting groups take up about a third of the ritories. With appropriate safeguards, the daily lives of Americans, getting to time it takes to bring oil to market. like giving States the right to decide if their jobs, getting children to school, They don’t do anything on nuclear, to they will allow drilling off their shores, and causing the cost of goods to in- encourage more nuclear power, like in these reserves should be drilled and the crease significantly due to rising trans- oil extracted from them, which is our France. France uses 80 percent nuclear portation costs. Rising energy costs af- own oil, should be sold to Americans power for their energy in their homes. fect individuals, families, and busi- first. nesses, both large and small. There’s nothing in this bill to encour- Second, we must invest in every form age and remove those barriers on nu- We must gain control of energy of renewable energy available, whether prices, and must do so in a reasonable clear. it be solar, wind, geothermal, and even So, clearly, OPEC could not have and rational manner, with an eye to- the new nuclear technologies. We have ward the future and a plan which ac- drafted a better bill than the bill that to invest our money here at home in the radical environmentalists/liberals complishes energy independence while renewable energy. respecting our environment and pro- filed today. I would encourage a ‘‘no’’ Washington’s role should include pro- vote. viding real relief to individuals, not moting millions of new jobs with the promoting yet another program that f tax incentives for United States com- benefits Big Oil, at the expense of the A COMPREHENSIVE NATIONAL EN- panies to invest in this new tech- taxpayer. ERGY POLICY WILL LEAD TO A nology. There are very real differences be- Third, we must prevent price manip- BETTER FUTURE tween Democrats and Republicans ulation everywhere in the world. Stop- when we talk about energy issues. We The SPEAKER pro tempore. The ping the unfair speculation in the oil are in the mess we are in now because Chair recognizes the gentleman from market can immediately lower the the interests of Big Oil have, for far too Wisconsin (Mr. KAGEN) for 5 minutes. price of gas at the pump and provide long, been given priority over the needs Mr. KAGEN. Thank you, Madam families and small businesses with im- of our citizens. Big Oil has reaped the Speaker. mediate relief. To solve our crippling crisis of impos- Also, I have called on the President rewards. Even now, while Americans sible gas prices that are now over $4 and his allies time and time again to struggle for ways they can reduce their per gallon in Wisconsin, we need a com- sell a portion of our Strategic Petro- individual energy consumption, ways prehensive national energy policy and leum Reserve, which would imme- they can survive while the price of gas- strategy. And we need leaders who are diately drop the price at the pump. oline, home energy costs, groceries, in- on our side—not Big Oil. But where is These three steps are fundamental to deed almost everything has outstripped the administration’s plan? You see it the success of an independent energy their income, the Republicans are tout- at the gas station at the corner every future for America, and they will cre- ing a plan that, according to yesterday. ate millions of new jobs. day’s and today’s New York Times edi- This crisis was totally predictable In the coming days, Congress will torials, would do little to increase the and, unfortunately, it is forcing every take up a comprehensive package that supply or reduce the price of oil. family, every business, and govern- will provide relief for consumers, will The New York Times editorial: ‘‘It ments at every level to operate in a end our dependence on foreign oil, and would do little to increase the supply perpetual state of crisis planning. In create millions of new jobs and grow or reduce the price of oil. Oil compa- fact, today’s impossible gas prices are our economy. We must promote energy nies already have access to nearly 80 threatening the survival of major man- efficiency and invest in renewable percent of all American offshore oil ufacturers and small businesses alike, sources of energy. We must responsibly that is technically recoverable. This even as ongoing speculation in oil fu- increase domestic supplies, and with- bill would probably open up less than tures remains unrestrained. The truth out taxpayer subsidies to oil compa- half of the remaining 20 percent, is there is no shortage of fuel. We just nies. It is my hope that this will be a amounting to approximately two- don’t have the money in our pockets to bipartisan energy bill that will address thirds of 1 percent of all globally recov- pay for the energy we need. all of these concerns. erable sources. The Department of En- There is a better way of doing things I look forward to joining with my ergy has already stated that the effect in America. Although alternative ener- Democratic and Republican colleagues on prices would be insignificant.’’ gies will not be available to meet our right here in Congress to try a dif- The very party which has led us down needs for a number of years, we cannot ferent approach, something that will this path of dependence on Big Oil, just wait any longer to make plans for work. Let’s try working together for a that has repeatedly squelched innova- our energy independence. We need to change, and find a legislative solution. tion and interest in renewable restart producing more of our own en- It will require compromise. And in the sources and alternative forms of energy right here and right now. If we legislative process, that is how busi- ergy, now wishes to save us with the want to keep more of our money here ness gets done. simple mantra: Drill, baby, drill.

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K16SE7.005 H16SEPT1 jbell on PROD1PC69 with HOUSE September 16, 2008 CONGRESSIONAL RECORD — HOUSE H8135 According to another New York PELOSI, must try hard to make the best do nothing to help the American peo- Times op-ed published yesterday, drill- of a bad situation. The situation, brief- ple. ing in the Arctic National Wildlife Ref- ly, is this: The Republicans have been Here’s the tragedy. Out in the coun- uge and from currently restricted off- bludgeoning the Democrats with the tryside, no one believes that we have shore sites could translate into an claim that Democrat opposition to off- the ability to do much of anything. We extra million barrels of oil a day in the shore drilling is to blame for high fuel couldn’t talk about border security or year 2025. That is 17 years from now, prices and that drilling is the answer, immigration reform because we have Madam Speaker. Please note that. An or one answer, to the country’s depend- no credibility. We can’t talk about extra million barrels in 2008 or 2009? ence on foreign oil. We find it hard to what we are going to do with the econ- No. 2025. imagine that they really believe what omy because we have no credibility. Sure, it takes time to make real they say. Drilling will have no impact The credibility of this institution change. But 17 years from now we can on fuel prices for at least 15 years, if was badly damaged prior to the 2006 expect the Republican fix to result in then, and any number of efficiency election, and I grant you it was an lowering the price of crude by only 1.3 measures will do more to reduce the election strategy by the other side that percent. So the party of Bush and CHE- country’s dependence than drilling for worked. Paint the working majority at NEY, the party of Big Oil, the party America’s modest offshore reserves. that time as one that wasn’t working, that Texas gave us, is going to fix the But the chant of drill, baby, drill, is and we will get to take credit for it and situation they have created just 17 playing far too well. Ms. PELOSI’s com- we will get to take power. years from now, and with a 1.3 percent promise deserves support.’’ So look at where we are today, 221⁄2 cut. In the meantime, Big Oil’s profits f will continue to rise. months later. Are we out of Iraq? I The Republican record on energy pro- STAND UP AND BE COUNTED don’t think so. Are gas prices lower? I grams which have helped Americans is The SPEAKER pro tempore. The don’t think so. All of those things were poor indeed. Let’s look at the facts and Chair recognizes the gentleman from promised during the run-up to the last decide if we need another Republican Texas (Mr. BURGESS) for 5 minutes. election. And, yes, they promised to be energy plan. Mr. BURGESS. Before I came to the the most ethical and competent Con- According to the Energy Information United States Congress, in another life, gress that the country had seen in Administration, the price of gas is now I was a physician, and oftentimes when quite some time. $3.65, up from $1.46 when President I was introduced to speak at an engage- Now I call on the 30 new Members on Bush took office. A 150 percent in- ment back home, the person doing the the majority side who were elected on crease. The price of gas was $2.29 when introductions will say, Do you want to this platform to stand up. Stand up in Republicans adopted their energy plan. be referred to as Doctor or Congress- your conference and be counted. Now is Today, it’s a 59 percent increase. $3.65. man? I usually start off with perhaps a the time. We have a serious crisis of Republican energy policies have re- little lighthearted humor in that, Well, credibility on one of the major com- sulted in record profits for oil compa- physicians still enjoy about a 70 to 80 mittees in the United States Congress, nies. The five largest companies have percent approval rating with the Amer- and we can’t get past that point. One posted profits of $556 billion from 2001 ican public, and Members of Congress individual holds in his hand the power to 2007, including $123 billion in 2007 enjoy about a 7 to 8 percent approval to begin to restore some of the credi- alone. Yet, Republicans have voted rating with the country. So, mother al- bility to the institution that we so against nearly every energy initiative ways called me Doctor, and that is sorely need. brought to the House floor. what I’d prefer to be called. But it’s I call on the freshmen Democrats to Madam Speaker, I submit to you we really a sad commentary on the insti- ask the chairman to step aside, wheth- must do everything we can, and exam- tution that our credibility is at such a er temporarily or permanently, but ine every option in our efforts to help low ebb. step aside until he solves his own prob- American citizens and to change our Now we just had the gentleman from lems so that the institution is not left energy culture. Yes, we must look at Tennessee talk about an editorial in carrying that weight. I think the insti- drilling, but we need to be responsible the New York Times. Since he brought tution of the House of Representatives in our approach and ensure that we are it up, let me refer attention to the New deserves no less than that courtesy at making decisions that actually achieve York Times from yesterday. Reading it a time when our economy is suffering, our goals, and our goals must be to on the airplane up here, they ref- our energy prices are high, and cer- help the taxpayers, not the oil corpora- erenced the fact that we have a serious tainly the ability of the country to de- tions. problem with the chairman of our fend the border has been seriously We must look at alternative forms of Ways and Means Committee and the questioned. This is the time. energy, we must look at renewable en- credibility has been lost for the indi- This is the time that the House needs ergy, we must look at every aspect of vidual who is head of the largest tax- to have maximum credibility to get energy consumption before we act. writing body in the House of Rep- these issues accomplished and, at the There are real differences here, and I resentatives. same time, here we are talking about hope Congress will do the heavy lifting The Tax Code in this country is com- the same things and over and over and make the difficult choices nec- plex. No one understands it. People un- again. essary to do what is right for the derstand how mistakes can be made. American people. But the chairman of that body, at the Again, I call on the freshmen Mem- It’s long past the time for rhetoric. very least, ought to hold himself above bers, stand up to your Speaker, stand It’s time to tackle this real challenge reproach. And yes, maybe one trans- up to the powerful committee chair- and come up with real solutions, not gression, perhaps two, but trans- men. Let’s move past this point. You short-term fixes, which will lead the gression after transgression after have other capable members on the American public, once again, footing transgression is more than the Amer- majority side on the Committee on the bill for Big Oil. ican people can tolerate. Ways and Means who can serve, either Madam Speaker, today the New York We are going to debate an energy bill temporarily or permanently, to serve Times had another editorial. The New today. But the fact is we are not really that body, and let’s move past this York Times’ independent observations: going to accomplish anything on en- point. ‘‘Voters are furious at high gas ergy. Yes, I know they have the votes. It’s time. The American people are prices. Republicans are happily pan- They can pass pretty much whatever waiting on us to do the big work, and dering at their anger. Congress has sen- they want. They can ram it to the we can’t do it because we are bound up sibly renewed the moratorium each floor, like they did last night, 15 min- in these seemingly endless quandaries year for the last 26. Unfortunately, utes before it goes to the Rules Com- that we find ourselves in. Let’s show these are not sensible times, which mittee, and then here on the floor, as if the American people that we can lead. means that congressional Democrats, by magic, today. But this bill is dead Maybe then they will restore some of particularly House Speaker NANCY on arrival in the Senate. It is going to the credibility to us.

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K16SE7.007 H16SEPT1 jbell on PROD1PC69 with HOUSE H8136 CONGRESSIONAL RECORD — HOUSE September 16, 2008 THE COST OF ENERGY monsense resource management idea. mit ourselves to solidarity with those The SPEAKER pro tempore. The It’s a good thing. But extreme suffering the most from hurricane and Chair recognizes the gentleman from environmentalism is the problem. Ex- from economic situations. The ordi- Tennessee (Mr. WAMP) for 5 minutes. treme environmentalism has locked up nary laborer cannot distance himself Mr. WAMP. Madam Speaker, over the our energy resources for a long period from the speculative investor. All are last 14 years that I have had the privi- of time. And these Sierra Club types frightened by the shaken terrain, and lege to serve in the U.S. House of Rep- lobby the Congress and they score all must find new ground where they resentatives, I have tried not to be ex- these Members and they say, If you can stand together. cessively partisan. Frankly, having don’t vote with us all the time, you’re As people of the covenant, Lord, we grown up a Democrat and become a Re- somehow a radical person in the back can confront those attitudes and ways publican during the Reagan movement pockets of oil and gas, and all this. Let of acting which institutionalize injus- in this country, I feel like neither me tell you, they’re extreme. tice even when they are discovered party has an exclusive on integrity, On every new permit in this country, within our very selves. For our quest neither party has an exclusive on ideas. every single one for oil and gas explo- for economic and social justice arises But I feel compelled, Madam Speak- ration, they have immediately filed a from faith, is sustained by hope, and er, to come to the floor today to say lawsuit to tie it up in court, and they seeks to heal a broken world that still that one issue right now is burning in have got an unlimited supply of law- seeks Your lasting justice and loving the American public like no other yers to sue to keep us from bringing kindness. Be with us now and forever. issue, and that is the cost of energy. any new oil and gas resources on the Amen. This morning, the economy is sliding market. That is a huge problem. It’s rapidly downward, primarily because of called extremism in the environmental f energy. community. Now there’s talk in the House here For years and years, they have been THE JOURNAL and in the Congress of a second stim- lobbying this place, and I have been The SPEAKER pro tempore. The ulus bill that includes a variety of here, and I have seen it. Now it’s come Chair has examined the Journal of the things that the new majority, the Dem- home to roost. These are our problems. last day’s proceedings and announces ocrat majority, has cobbled together. Today, we need to give the Repub- to the House his approval thereof. But the most important thing we could licans a vote on the American Energy Pursuant to clause 1, rule I, the Jour- do for the American economy is to pass Act today in the House, and let’s un- nal stands approved. the American Energy Act, which is the leash the economy again and lower the Mr. PENCE. Mr. Speaker, pursuant Republican bill that opens up all of our cost of energy before it’s too late, guys. to clause 1, rule I, I demand a vote on oil and gas resources in this country. Ladies and gentlemen of the House, agreeing to the Speaker’s approval of That is the most important thing we this is an important day. It’s not about the Journal. could do for the economy. For jobs and politics, it’s about the people we rep- The SPEAKER pro tempore. The productivity and exports and standing resent and the fact they have nowhere question is on the Speaker’s approval our country back up economically, it is else to turn. We need action. We need it of the Journal. the most important thing. today. This is not a partisan thing. The question was taken; and the Yet today it’s going to be suppressed There are really responsible people on Speaker pro tempore announced that again because the Democratic energy both sides of the aisle that need to the ayes appeared to have it. alternative is a very limited, watered- come together. And the liberals from Mr. PENCE. Mr. Speaker, I object to down effort, designed, honestly, to just San Francisco don’t need to govern na- the vote on the ground that a quorum give some of their members a vote so tional policy. is not present and make the point of they can say, Oh, we voted to drill a f order that a quorum is not present. little bit and go home to campaign. Yet The SPEAKER pro tempore. Pursu- their idea of economic stimulus is RECESS ant to clause 8, rule XX, further pro- going to be more government, more The SPEAKER pro tempore. Pursu- ceedings on this question will be post- spending, more borrowed money, and ant to clause 12(a) of rule I, the Chair poned. it’s really unfortunate. declares the House in recess until 10 The point of no quorum is considered It’s really unfortunate because the a.m. today. withdrawn. most important thing we could do is Accordingly (at 9 o’clock and 44 min- just pass this robust energy bill, and in utes a.m.), the House stood in recess f our bill we share the revenues with the until 10 a.m. States that opt in, that want to have PLEDGE OF ALLEGIANCE Outer Continental Shelf oil and gas ex- f ploration in the zone where the oil and b 1000 The SPEAKER pro tempore. Will the gas is, in the Gulf or off the West gentleman from Georgia (Mr. GINGREY) AFTER RECESS Coast, this resource that’s been locked come forward and lead the House in the up for a long period of time, that we The recess having expired, the House Pledge of Allegiance. now know has to be unlocked, and Hur- was called to order by the Speaker pro Mr. GINGREY led the Pledge of Alle- ricane Ike was another reminder over tempore (Mr. PASTOR) at 10 a.m. giance as follows: the weekend that we need to diversify f I pledge allegiance to the Flag of the our supply, increase our supply, and United States of America, and to the Repub- PRAYER have a robust approach to this, and not lic for which it stands, one nation under God, a very limited approach. The Chaplain, the Reverend Daniel P. indivisible, with liberty and justice for all. I will tell you where the problem lies. Coughlin, offered the following prayer: The American people are really frus- Lord God of creation and reconcili- f trated. I have local officials calling me ation, called to address the effects of every day, angry, because the people the hurricane season upon the Nation, MESSAGE FROM THE SENATE they represent don’t have anywhere to we must also face honestly the eco- A message from the Senate by Ms. turn. Gas in east Tennessee was $4.99 a nomic fractures of the present mo- Curtis, one of its clerks, announced gallon this weekend. People on fixed ment. Monetary matters, just as nat- that the Senate agrees to the amend- incomes are hurting and hurting and ural disasters, call us to be people of ment of the House to the bill (S. 2135) hurting and they wonder what the heck faith, hope and love. ‘‘An Act to prohibit the recruitment or is going on in Congress and how is this The biblical vision of creation, cov- use of child soldiers, to designate per- happening. I have got to tell you, it’s enant and community summons people sons who recruit or use child soldiers called extremism. to stand strong and together in a time as inadmissible aliens, to allow the de- Now environmentalism is a good of tension between promise and fulfill- portation of persons who recruit or use thing if it’s a responsible, logical, comment. Positioned here by You, we com- child soldiers, and for other purposes.’’.

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K16SE7.009 H16SEPT1 jbell on PROD1PC69 with HOUSE September 16, 2008 CONGRESSIONAL RECORD — HOUSE H8137 PRIVATE CALENDAR in Kenya, is further complicated by the fact the total number of immigrant visas that are made available to natives of the country of The SPEAKER pro tempore. This is that not long after arriving in the United States, Esther gave birth to her son Nicholas. the alien’s birth under section 203(a) of the the day for the call of the Private Cal- Immigration and Nationality Act or, if appli- endar. The Clerk will call the first bill Nicholas was born prematurely, and was diag- cable, the total number of immigrant visas on the calendar. nosed with cerebral palsy and deafness. As a that are made available to natives of the single parent to Nicholas, who is wheelchair f country of the alien’s birth under section bound, Esther has gone above and beyond for 202(e) of such Act. ESTHER KARINGE her now 11-year-old child, who has relied (e) DENIAL OF PREFERENTIAL IMMIGRATION The Clerk called the bill (H.R. 1485) solely on his mother for survival. Because of TREATMENT FOR CERTAIN RELATIVES.—The for the relief of Esther Karinge. Nicholas’s perseverance, and the uncondi- natural parents, brothers, and sisters of There being no objection, the Clerk tional love and support of Esther, doctors be- Shigeru Yamada shall not, by virtue of such relationship, be accorded any right, privi- read the bill as follows: lieve that Nicholas may someday walk on his lege, or status under the Immigration and H.R. 1485 own. Nationality Act. Esther has worked hard to secure a better Be it enacted by the Senate and House of Rep- Mr. FILNER. Mr. Speaker, I would like to resentatives of the United States of America in life for herself and her son, while becoming an thank the Speaker, Chairman CONYERS, and Congress assembled, important part of our community in Malden. Chairwoman LOFGREN for passing H.R. 2760 SECTION 1. PERMANENT RESIDENT STATUS FOR For several years, Esther served at the Ref- on the private calendar today. Shigeru ESTHER KARINGE. ugee Immigration Ministry in Malden, Massa- Yamada is an extraordinary young man who (a) IN GENERAL.—Notwithstanding sub- chusetts, as a case manager working with has faced much personal adversity in his life sections (a) and (b) of section 201 of the Im- women who fled their countries for the same migration and Nationality Act, Esther but has been a model student, athlete and reason she did—fear of persecution. Esther Karinge shall be eligible for issuance of an member of the Chula Vista community. He also serves as a member of the board of di- immigrant visa or for adjustment of status has worked hard to overcome his personal rectors for the Immigrant Learning Center, a to that of an alien lawfully admitted for per- tragedy while attending school and being ac- manent residence upon filing an application not-for-profit offering English language classes tive in civic organizations. Yamada came to for issuance of an immigrant visa under sec- in my district. the United States legally in 1992 at the age of tion 204 of such Act or for adjustment of sta- Today, we are one step closer to protecting 10 with his mother and two younger sisters tus to lawful permanent resident. the life of Esther, and the great potential of and due to tragedy and changes in the immi- (b) ADJUSTMENT OF STATUS.—If Esther her son Nicholas. Again, I would like to thank Karinge enters the United States before the gration laws, he was to be deported despite Chairman CONYERS, Subcommittee Chairman filing deadline specified in subsection (c), she the fact that he has assimilated into American LOFGREN, and Representative BOUCHER for shall be considered to have entered and re- society. The passage of this bill in the House their commitment to this body and legislation. mained lawfully and shall, if otherwise eligi- brings justice one step closer to Yamada. We ble, be eligible for adjustment of status I urge adoption of the bill. want and need more people like him in our under section 245 of the Immigration and Na- The bill was ordered to be engrossed country and he deserves the opportunity to tionality Act as of the date of the enactment and read a third time, was read the of this Act. become a citizen. third time, and passed, and a motion to The bill was ordered to be engrossed (c) DEADLINE FOR APPLICATION AND PAY- reconsider was laid on the table. MENT OF FEES.—Subsections (a) and (b) shall and read a third time, was read the apply only if the application for issuance of f third time, and passed, and a motion to an immigrant visa or the application for ad- reconsider was laid on the table. justment of status is filed with appropriate SHIGERU YAMADA f fees within 2 years after the date of the en- The Clerk called the bill (H.R. 2760) actment of this Act. for the relief of Shigeru Yamada. CORINA DE CHALUP TURCINOVIC (d) REDUCTION OF IMMIGRANT VISA NUM- There being no objection, the Clerk The Clerk called the bill (H.R. 5030) BER.—Upon the granting of an immigrant visa or permanent residence to Esther read the bill as follows: for the relief of Corina de Chalup Karinge, the Secretary of State shall in- H.R. 2760 Turcinovic. struct the proper officer to reduce by 1, dur- Be it enacted by the Senate and House of Rep- There being no objection, the Clerk ing the current or next following fiscal year, resentatives of the United States of America in read the bill as follows: the total number of immigrant visas that are Congress assembled, H.R. 5030 made available to natives of the country of SECTION 1. PERMANENT RESIDENT STATUS FOR Be it enacted by the Senate and House of Rep- the alien’s birth under section 203(a) of the SHIGERU YAMADA. resentatives of the United States of America in Immigration and Nationality Act or, if appli- (a) IN GENERAL.—Notwithstanding sub- Congress assembled, cable, the total number of immigrant visas sections (a) and (b) of section 201 of the Im- that are made available to natives of the SECTION 1. PERMANENT RESIDENT STATUS FOR migration and Nationality Act, Shigeru CORINA DE CHALUP TURCINOVIC. country of the alien’s birth under section Yamada shall be eligible for issuance of an (a) IN GENERAL.—Notwithstanding sub- 202(e) of such Act. immigrant visa or for adjustment of status sections (a) and (b) of section 201 of the Im- (e) DENIAL OF PREFERENTIAL IMMIGRATION to that of an alien lawfully admitted for per- migration and Nationality Act, Corina de TREATMENT FOR CERTAIN RELATIVES.—The manent residence upon filing an application Chalup Turcinovic shall be eligible for natural parents, brothers, and sisters of Es- for issuance of an immigrant visa under sec- issuance of an immigrant visa or for adjust- ther Karinge shall not, by virtue of such re- tion 204 of such Act or for adjustment of sta- ment of status to that of an alien lawfully lationship, be accorded any right, privilege, tus to lawful permanent resident. admitted for permanent residence upon fil- or status under the Immigration and Nation- (b) ADJUSTMENT OF STATUS.—If Shigeru ing an application for issuance of an immi- ality Act. Yamada enters the United States before the grant visa under section 204 of such Act or Mr. MARKEY. Mr. Speaker, I rise today in filing deadline specified in subsection (c), he for adjustment of status to lawful permanent support of H.R. 1485. I commend Chairman shall be considered to have entered and re- resident. CONYERS, Subcommittee Chairman LOFGREN, mained lawfully and shall, if otherwise eligi- (b) ADJUSTMENT OF STATUS.—If Corina de ble, be eligible for adjustment of status and Representative BOUCHER for their tireless Chalup Turcinovic enters the United States work on this most important legislation. under section 245 of the Immigration and Na- before the filing deadline specified in sub- tionality Act as of the date of the enactment I am particularly pleased that the bill we are section (c), she shall be considered to have of this Act. entered and remained lawfully and shall, if voting on today gives Ms. Esther Karinge, a (c) DEADLINE FOR APPLICATION AND PAY- otherwise eligible, be eligible for adjustment constituent in my district, an opportunity to es- MENT OF FEES.—Subsections (a) and (b) shall of status under section 245 of the Immigra- cape persecution in Kenya and live freely with apply only if the application for issuance of tion and Nationality Act as of the date of her son in the United States. an immigrant visa or the application for ad- the enactment of this Act. While living in Kenya with her uncle—a local justment of status is filed with appropriate (c) DEADLINE FOR APPLICATION AND PAY- political official—Esther and her family re- fees within 2 years after the date of the en- MENT OF FEES.—Subsections (a) and (b) shall ceived harassment and death threats during a actment of this Act. apply only if the application for issuance of (d) REDUCTION OF IMMIGRANT VISA NUM- time of tremendous political unrest still present an immigrant visa or the application for ad- BER.—Upon the granting of an immigrant justment of status is filed with appropriate in the region. Esther left her home and sought visa or permanent residence to Shigeru fees within 2 years after the date of the en- out protection in the United States in 1994. Yamada, the Secretary of State shall in- actment of this Act. Esther’s case, while strong enough on the struct the proper officer to reduce by 1, dur- (d) REDUCTION OF IMMIGRANT VISA NUM- grounds that she faced persecution or worse ing the current or next following fiscal year, BER.—Upon the granting of an immigrant

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K16SE7.011 H16SEPT1 jbell on PROD1PC69 with HOUSE H8138 CONGRESSIONAL RECORD — HOUSE September 16, 2008 visa or permanent residence to Corina de MIKAEL ADRIAN CHRISTOPHER issue facing this Nation. Has the Demo- Chalup Turcinovic, the Secretary of State FIGUEROA ALVAREZ cratic Congress done anything credible shall instruct the proper officer to reduce by to address it? No. In fact, when they 1, during the current or next following fiscal The Clerk called the bill (H.R. 2575) for the relief of Mikael Adrian Chris- do, they drop a bogus bill in the watch- year, the total number of immigrant visas es of the night and expect everybody to that are made available to natives of the topher Figueroa Alvarez. country of the alien’s birth under section Mr. KING of Iowa. Mr. Speaker, I ask swallow it. Their bill still blocks over 80 percent 203(a) of the Immigration and Nationality unanimous consent that the bill be Act or, if applicable, the total number of im- of offshore drilling and has no credible passed over without prejudice. alternatives that are proven, like coal migrant visas that are made available to na- The SPEAKER pro tempore. Is there tives of the country of the alien’s birth to liquid, oil shale, tar sands or nu- under section 202(e) of such Act. objection to the request of the gen- clear. This bill is bad for Kentucky. tleman from Iowa? (e) DENIAL OF PREFERENTIAL IMMIGRATION The Democratic leadership has totally TREATMENT FOR CERTAIN RELATIVES.—The There was no objection. misled the American people with this natural parents, brothers, and sisters of The SPEAKER pro tempore. This bogus bill. Corina de Chalup Turcinovic shall not, by concludes the call of the Private Cal- I rise in opposition. This bill pun- virtue of such relationship, be accorded any endar. ishes the elderly, working families, our right, privilege, or status under the Immi- f schools and all industry in this coun- gration and Nationality Act. try. This bogus measure punishes the The bill was ordered to be engrossed ANNOUNCEMENT BY THE SPEAKER heartland of America that grows the and read a third time, was read the PRO TEMPORE food, produces the goods and creates third time, and passed, and a motion to The SPEAKER pro tempore. The the energy that this Nation runs on. reconsider was laid on the table. Chair will entertain up to 30 requests I call on all Kentuckians and all for 1-minute speeches on each side of Americans to stand up and call this f the aisle. Democratic-led Congress what it is, useless. Vote ‘‘no’’ on their bill. And f Mr. Speaker, give us a vote on a bill KUMI IIZUKA-BARCENA HURRICANE GUSTAV’S IMPACT ON that matters, that will change the The Clerk called the bill (H.R. 5243) LOUISIANA American people and that will help us for the relief of Kumi Iizuka-Barcena. (Mr. CAZAYOUX asked and was build a future: The American Energy There being no objection, the Clerk given permission to address the House Act introduced by Republicans in this read the bill as follows: for 1 minute.) Congress. f H.R. 5243 Mr. CAZAYOUX. Mr. Speaker, this past Labor Day, Hurricane Gustav REMEMBERING ISAAC HAYES Be it enacted by the Senate and House of Rep- made landfall in Cocodrie, Louisiana. resentatives of the United States of America in (Mr. COHEN asked and was given per- Congress assembled, It packed sustained winds of up to 110 mission to address the House for 1 miles per hour and tore across the minute and to revise and extend his re- SECTION 1. PERMANENT RESIDENT STATUS FOR State, uprooting trees and damaging KUMI IIZUKA-BARCENA. marks.) property along its way. (a) IN GENERAL.—Notwithstanding sub- Mr. COHEN. Mr. Speaker, last sections (a) and (b) of section 201 of the Im- Many across the country watched as month, the City of Memphis and the migration and Nationality Act, Kumi Iizuka- the levees of New Orleans held. Miracu- world lost a great entertainer and hu- Barcena shall be eligible for issuance of an lously and thankfully, they held. As manitarian in Isaac Hayes. Today on immigrant visa or for adjustment of status the levees held, the media left and did this House floor, we will pass H. Res. to that of an alien lawfully admitted for per- not see the vast destruction left behind 1425 memorializing my good friend and manent residence upon filing an application in the Baton Rouge area. It was the a great world citizen who was an actor, for issuance of an immigrant visa under sec- worst storm to hit the Baton Rouge a musician and a humanitarian. tion 204 of such Act or for adjustment of sta- area in its history. Louisiana has many Isaac Hayes, like Elvis, came to tus to lawful permanent resident. people to thank for their efforts in Memphis from the rural Midsouth, a (b) ADJUSTMENT OF STATUS.—If Kumi helping in this time of great need, the poor person who was raised in the cot- Iizuka-Barcena enters the United States before the filing deadline specified in sub- first responders, its parish and local of- ton fields and came to Memphis and section (c), she shall be considered to have ficials, the National Guardsmen and got his education at Manassas High entered and remained lawfully and shall, if women, and the States who sent their School. Elvis went to Sam Phillips and otherwise eligible, be eligible for adjustment men and women to Louisiana to help in Sun Records. John Lennon said before of status under section 245 of the Immigra- this time of need. Elvis there was nothing, but after Elvis tion and Nationality Act as of the date of Since then, Hurricane Ike has hit and there was Isaac Hayes. Isaac Hayes put the enactment of this Act. has reinforced the notion that natural a new form to music, pretty much cre- (c) DEADLINE FOR APPLICATION AND PAY- disasters and the damages they inflict ated hip hop, received Oscars and MENT OF FEES.—Subsections (a) and (b) shall cannot be avoided. We can only hope to Grammys and produced his signature apply only if the application for issuance of respond as best as possible to minimize song ‘‘The Theme From Shaft,’’ which an immigrant visa or the application for ad- began a kind of a new genre of music. justment of status is filed with appropriate that aftereffects. It is our job as Con- gressmen and women to aid our fellow He was a wonderful human being to fees within 2 years after the date of the en- be around. He inspired greatness and actment of this Act. citizens in this time of greatest need. Over the next 2 weeks, I urge my col- wrote great songs with his dear friend (d) REDUCTION OF IMMIGRANT VISA NUM- and co-composer, David Porter, ‘‘Hold BER.—Upon the granting of an immigrant leagues to ensure that the victims of visa or permanent residence to Kumi Iizuka- Hurricanes Gustav and Ike are not left On I’m Comin’ ’’ and other great songs by Sam and Dave. ‘‘Black Moses’’ will Barcena, the Secretary of State shall in- behind and that we continue to im- be remembered for years to come. struct the proper officer to reduce by 1, dur- prove the Federal Government’s, and We’re fortunate he has come our way ing the current or next following fiscal year, particularly FEMA’s, response to nat- the total number of immigrant visas that are and lent his talents to the world. We’ll ural disasters. made available to natives of the country of miss him. He was my friend. the alien’s birth under section 203(a) of the f f Immigration and Nationality Act or, if applicable, the total number of immigrant visas DEMOCRATS’ BOGUS ENERGY BILL THE SHAM ENERGY BILL PUNISHES OUR NATION that are made available to natives of the (Mr. BROUN of Georgia asked and country of the alien’s birth under section (Mr. DAVIS of Kentucky asked and was given permission to address the 202(e) of such Act. was given permission to address the House for 1 minute and to revise and The bill was ordered to be engrossed House for 1 minute and to revise and extend his remarks.) and read a third time, was read the extend his remarks.) Mr. BROUN of Georgia. Mr. Speaker, third time, and passed, and a motion to Mr. DAVIS of Kentucky. Mr. Speak- last night at about 9:45, a bill was in- reconsider was laid on the table. er, energy is the number one strategic troduced that we’re going to vote on

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\A16SE7.041 H16SEPT1 jbell on PROD1PC69 with HOUSE September 16, 2008 CONGRESSIONAL RECORD — HOUSE H8139 this morning. It has been in the hopper minute and to revise and extend his re- longer we wait to fix this problem, the for almost 12 hours now. It has been marks.) worse the situation is going to get, not called a sham. It has been called a Mr. PENCE. Mr. Speaker, the Amer- only for Iraqi civilians, but for our farce. But let me tell you, it’s a bald- ican people are hurting. They are troops on the ground. faced lie to the American people. This struggling under the weight of record f so-called energy bill is not going to gasoline prices, and in that cause Re- DO-NOTHING CONGRESS produce one drop of oil, not the first publicans have been fighting for a com- one. We don’t know all that is in this prehensive energy bill that includes (Ms. FOXX asked and was given per- bill because we were just presented it more drilling. Three-quarters of Ameri- mission to address the House for 1 last night. cans agree with us. minute and to revise and extend her re- There are some things that are not in Just last week, the drill-nothing marks.) this bill, and I can guarantee you there Democrat Congress announced they are Ms. FOXX. Mr. Speaker, this is in- is no nuclear energy. We’re not going going to bring an energy bill to the deed the do-nothing Congress. The to even be able to drill for oil and gas floor that includes more drilling. And Speaker of the House and the majority on the Outer Continental Shelf. There now they say Republicans have to take leader in 2006 made many, many prom- is no way to stop in this bill the end- ‘‘yes’’ for an answer. ises. Among them was to bring down less lawsuits by the radical environ- Well, I would suggest to my country- the price of gasoline, to have the most mentalists. This is a nonenergy energy men, Mr. Speaker, that they look at open Congress in the history of the bill. It’s a lie to the American public. the fine print. The drill-nothing Con- Congress, to have the most bipartisan It is a cover to try to look like the gress has brought a bill that actually Congress. Every single one of those Democratic majority is trying to do includes basically drill-nothing provi- promises has been broken, and broken something. They say they represent sions. They say ‘‘yes’’ to drilling, but many, many times. the poor, the elderly and the under- not in Alaska, not in the eastern gulf, It is important that the American privileged. But that is a lie, too, be- and not within 50 miles. public understand that the Democrats cause the underprivileged and the poor They say ‘‘yes’’ to drilling, but are in charge of this Congress. The are being hammered by increased en- States can decide, even though they Democrats have the capability of ergy costs. And we cannot afford to get absolutely no revenues for choosing bringing up a bill to allow us to vote to continue on this process. to drill. I guess States are going to just bring down the price of gasoline. But f allow drilling out of the goodness of the bill they are going to bring up their hearts. today is bogus, a sham, an illusion, a A NEW DIRECTION ENERGY They say ‘‘yes’’ to drilling, but liti- charade. All of those words that have POLICY gation rules will allow environmental been used are appropriate. (Mr. WALZ of Minnesota asked and lawyers to tie up all leases from the The Democrats are proving that they was given permission to address the very day they are filed. are anti-American energy. Republicans House for 1 minute and to revise and I say to my House Democrat col- are pro-American energy. Republicans extend his remarks.) leagues from my heart, on behalf of our want to increase the supply. We want Mr. WALZ of Minnesota. Mr. Speak- constituents who are struggling under to increase our efforts at conservation. er, it is true: The Bush-Cheney energy record gasoline prices, end this cha- We want to increase alternatives. plan has been a giant success, but for rade. Stop playing politics with Amer- The Democrats are totally out of big oil companies, not the American ica’s energy independence. Bring us a touch with the American people. From people. America is still addicted to for- full and fair debate to this floor and August 1 until the end of December, eign oil, and gas prices are through the you will see a bipartisan result. they plan to work 14 days for the roof. f American public. It’s time for a new direction in our f energy policy. This week, House Demo- CONTRACTOR ACCOUNTABILITY crats are bringing up that legislation. I (Ms. SCHAKOWSKY asked and was MCCAIN’S ASSESSMENT OF ECON- was proud to work with a bipartisan given permission to address the House OMY SHOWS HE REALLY IS NOT group of Democrats and Republicans to for 1 minute.) AN EXPERT ON THE ECONOMY craft a piece of legislation. Many of Ms. SCHAKOWSKY. Mr. Speaker, one (Ms. WATSON asked and was given those ideas are incorporated into this year ago today, Blackwater contrac- permission to address the House for 1 plan. It invests in renewable energy, tors opened fire in Baghdad’s Nisoor minute.) responsibly increases domestic supply Square, killing 17 Iraqi civilians. This Ms. WATSON. Mr. Speaker, earlier by opening up the Outer Continental wasn’t the first time private security this year Senator MCCAIN said he need- Shelf for drilling and releases oil from contractors used excessive force. ed to study up on the economy because the Strategic Petroleum Reserve. It has now been 21 months since the it was not his strong suit. You can cer- One thing it does that is very good, it Christmas Eve murder in the Green tainly say that again. Yesterday Sen- eliminates unnecessary tax breaks and Zone, and 31⁄2 years since a Blackwater ator MCCAIN once again said, and I am subsidies to Big Oil and asks them to helicopter dropped CS gas on a traffic quoting now, ‘‘The fundamentals of our pay their fair share of royalties so we jam in Baghdad. Yet there have been economy are strong.’’ His comments can invest in renewables. no arrests, no charges, no trials and no came on a day when the stock market All Americans, Republicans and conviction. In fact, the Blackwater fell 500 points, its worst drop in 7 years, Democrats, who believe it is time for contractor responsible for the Christ- and Lehman Brothers filed for bank- our country to move in a new direction mas Eve shooting is now employed as a ruptcy. towards energy independence should prison guard in Washington State. What fundamentals is Senator join us and move this ball forward. Instead of holding Blackwater ac- MCCAIN referring to? It certainly can’t This legislation will create millions of countable for violating the law, last be the fundamentals of ensuring more good-paying American jobs in the re- April the State Department rewarded Americans have a job. Every moment newable energy industry, and it will Blackwater by renewing their billion this year, the Bush-McCain economy begin to break the stranglehold of for- dollar contract. Before we even con- has shed tens of thousands of jobs. To eign oil over this Nation. sider giving Blackwater another penny date, more than 600,000 jobs have been f of U.S. taxpayer dollars, we should lost. b 1015 hold private security contractors ac- Nor can it be the fundamentals of en- countable under the law. suring that middle-class Americans are STOP PLAYING POLITICS WITH On the 1-year anniversary, I urge my prospering. Over the last 8 years under AMERICA’S ENERGY INDEPEND- colleagues to cosponsor the Stop the Bush-McCain economy, real wages ENCE Outsourcing Security, SOS, Act, H.R. have actually fallen by $300, while (Mr. PENCE asked and was given per- 4102, to begin phasing out the use of basic necessities like food, gas, health mission to address the House for 1 private security contractors. The care, and education have skyrocketed.

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K16SE7.017 H16SEPT1 jbell on PROD1PC69 with HOUSE H8140 CONGRESSIONAL RECORD — HOUSE September 16, 2008 Mr. Speaker, Senator MCCAIN needs history this year, while Americans and creates good-paying jobs here at to study up more on the economy and pump hundreds of dollars into their gas home. reject the failed economic policies of tank. It is time Big Oil pay American The old Bush-Cheney policy, written the last 8 years. taxpayers the $15 billion it owes all of by and for the oil companies, is the gift that keeps on giving to Big Oil; more f us for drilling on the American people’s land. land, more public land, more taxpayer REPUBLICANS WILL NOT BE For years, Washington Republicans dollars and more record profits. SILENCED ON ENERGY ISSUES have been showering Big Oil with tax Every Representative in this House (Mrs. BACHMANN asked and was breaks and subsidies. With the big oil has a clear choice this month: Talk given permission to address the House companies amassing record profits about an all-of-the-above plan, or take action. They can join with Democrats for 1 minute and to revise and extend every quarter, they certainly don’t in siding with consumers struggling her remarks.) need this corporate welfare. The Demo- with energy costs, or continue to side Mrs. BACHMANN. Mr. Speaker, the cratic plan will repeal these giveaways with Big Oil. They can support a policy American people are not only frus- to the big five oil companies and invest that will create good-paying American trated; they are absolutely outraged money in renewable money and pro- jobs and increase our Nation’s security, this morning when they wake up to grams, like LIHEAP, that will help or continue to argue for a drill-only discover that not only has the Speaker Americans heat their homes this win- plan. As T. Boone Pickens has said of the House decided there won’t be ter. clearly, this is one problem we cannot any new energy production this year, Mr. Speaker, the Democratic energy plan helps Americans who have been drill our way out of. in 2008, no relief is on the way, she has Mr. Speaker, the Democratic energy also decided political speech is not suffering from George Bush’s failed energy policies for far too long. plan will bring down prices at the going to be allowed on the floor of this pump and invest in renewable energy House. f for our future. It deserves strong bipar- This morning, Republicans were so PROPOSED ENERGY BILL IS A tisan support. outraged when they heard what the SHAM Democrat Congress had done, that 150 f of our Members planned to be on the (Mr. CARTER asked and was given ALL-OF-THE-ABOVE ENERGY ACT floor to talk about the outrage of this permission to address the House for 1 NEEDED minute.) bill. When the Speaker heard that, she (Mr. GINGREY asked and was given Mr. CARTER. Mr. Speaker, it is a decided to limit us to 30 people being permission to address the House for 1 good thing we don’t have Pinocchios able to speak this morning. minute and to revise and extend his re- working in this House or we would Well, Mr. Speaker, one thing that marks.) will not be put under a bushel will be have some noses growing. To stand up Mr. GINGREY. Mr. Speaker, for the the outrage of the American people and say this is a bipartisan bill when last 2 months we have been telling the over this perceived and actual hoax of the first Republican saw it, I was Speaker and the Democratic majority a bill, this charade we are going to vote present when it happened at 9:45 last that we need an all-of-the-above Amer- on today. night while we were speaking on the ican Energy Act, and the Speaker has I have in my hand amendments that floor of the House, ought to make responded by saying any bill that in- I had hoped to offer to give Americans somebody’s nose grow. cludes drilling is a hoax. some real energy production. Not only To call this a bipartisan bill is a Well, Mr. Speaker, she has presented will they not be allowed, but the voices sham, and we ought to call it what it at 10 o’clock last night a 290-page hoax of the American people will not be is. This is a bill shoved down the in regard to the drilling provision. It is heard on this floor this morning, be- throats of the American people, with- absolutely a hoax. It gives absolutely cause the Speaker of the House has de- out the voice of the majority of the no revenues to the States for any drill- cided it will not be. Members of this House having any- ing between 50 and 100 miles. We al- I am afraid, Mr. Speaker, that Speak- thing to do with this energy plan. ready allow that off the coasts of Texas Look right here and see what it er PELOSI has vastly underrated the and Louisiana, and you are going to ex- American people. They will not be doesn’t do: No real offshore explo- pect these east coast States or Cali- squelched. They will be heard. Our ration; no renewables without high fornia to let us drill with no revenue voices will be heard on this issue. We taxes; no real oil shale drilling; off lim- sharing? It ain’t going to happen, and will not be silenced. its permanently, Arctic coastal plain; she knows it. emissions-free nuclear, no; clean coal, Now, in regard to the energy pro- f coal-to-liquid, no; new refinery capac- posals that we have made in the Amer- ANNOUNCEMENT BY THE SPEAKER ity, no. We got five of them out in ican Energy Act, we have 10 up here, PRO TEMPORE Texas right now. No energy tax hike, and none of these are included in the no; no electricity spikes, no; lawsuit Pelosi no energy bill. None of the The SPEAKER pro tempore. Mem- reform, no; playing politics with en- bers are reminded to heed the gavel above. NOTA. Think of the acronym, ergy, yes. N-O-T-A, not an energy bill. and will limit their remarks to 1 That is what we have been given minute. If she would give us four of these; today. That is what we have. Mean- real offshore exploration, emission-free f while, on the coast, people suffer. Let’s nuclear, new refinery capacity, who really address energy. COMPREHENSIVE ENERGY PACK- could say we don’t need that, and law- AGE WILL GIVE MONEY TO TAX- f suit reform, so the extreme environ- PAYERS AND CONSUMERS DEMOCRAT ENERGY PLAN SIDES mentalists don’t destroy every opportunity. (Mr. YARMUTH asked and was given WITH CONSUMERS WHILE GOP ENERGY PLAN SIDES WITH BIG This is not an energy bill. NOTA, N- permission to address the House for 1 O-T-A. minute.) OIL f Mr. YARMUTH. Mr. Speaker, this (Mr. CARNAHAN asked and was week Congress will vote on an all-in- given permission to address the House COMPREHENSIVE ENERGY PACK- clusive energy package that will lower for 1 minute.) AGE WILL INVEST IN RENEW- gas prices for consumers and put Mr. CARNAHAN. Mr. Speaker, while ABLE ENERGY AND CREATE money back in taxpayers’ pockets. Big Oil rakes in record profits this JOBS The Democratic energy plan will re- year, American families are struggling (Ms. EDWARDS of Maryland asked quire oil companies to pay royalties on with pain at the pump. House Demo- and was given permission to address leases they have had for years but crats are working to pass a comprehen- the House for 1 minute.) never paid to use. Big Oil has raked in sive energy plan that lowers prices for Ms. EDWARDS of Maryland. Mr. record profits, the largest in American consumers, expands renewable energy Speaker, very shortly this Congress,

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K16SE7.018 H16SEPT1 jbell on PROD1PC69 with HOUSE September 16, 2008 CONGRESSIONAL RECORD — HOUSE H8141 this Democratic Congress, is going to REPUBLICANS CLAIM THEY WANT House for 1 minute and to revise and do what the Republicans failed to do ALL OF THE ABOVE—BUT HAVE extend his remarks.) for more than a decade of their leader- DONE NOTHING TO LOWER GAS Mr. WELCH of Vermont. Mr. Speak- ship, and that is to present and vote on PRICES er, it’s becoming quite apparent that our economy is in peril. The biggest a comprehensive energy package that (Mr. CLAY asked and was given per- casualty in this economy are middle- will expand renewable sources of en- mission to address the House for 1 class families trying to hang on by ergy for the future and create good- minute and to revise and extend his repaying jobs here in America. their fingernails. marks.) We have got a different point of view This plan for the 21st century ex- Mr. CLAY. Mr. Speaker, for 8 years, tends tax incentives for renewable en- by our leadership. President Bush says Washington Republicans have favored that the 500-point collapse is just, ergy, hybrid cars, energy-efficient record profits for Big Oil while Ameri- quote, a correction. Mr. MCCAIN, Sen- buildings and homes. It requires utility cans are paying record prices at the companies to generate 15 percent of ator MCCAIN says the economy is fun- pump. Congressional Republicans say damentally sound. their electricity from renewable they want an all-of-the-above plan, but sources such as wind, geothermal and The reality is that the economy has their actions speak differently. Repub- become weak, with policies that have solar power. licans have voted against every piece This is our new energy future. And deregulated financial institutions lead- of legislation that would responsibly the legislation forces oil companies to ing to the collapse of some of our long- invest in renewable energy and would pay their fair share for drilling on the est-standing, historically most solid in- bring down gas prices for consumers. American people’s land. Big Oil should stitutions like Lehman Brothers. For 8 We proposed legislation to crack pay taxpayers to use their land. We years, the Bush-McCain economic pol- down on price gouging and curb excess will use that money, $15 billion, to de- icy has had a radical proposition that speculation, but House Republicans velop clean energy sources and alter- we can deregulate everything and leave said no. We proposed lowering gas native fuels, to develop greater effi- everything to Wall Street, and it will prices immediately by tapping the ciency and improve conservation. all take care of itself. Strategic Petroleum Reserve, which Investments in renewable energy will Now American families, businesses lowered prices by 33 percent when the create hundreds of thousands of good- on Main Street, are beginning to pay President’s father took similar action paying jobs here in America, at a time the price for this economic failure in 1991, but Republicans said no. We when the Bush economy is shedding under the Bush administration. proposed legislation that would force tens of thousands of jobs every month. The only way we can change our Mr. Speaker, this is a comprehensive Big Oil to drill on 68 million acres of economy is by returning to the basic energy plan. It is a Democratic plan land to increase oil production here at principle that our economic policies that the American people have been home. Again, House Republicans said should all be about building the middle waiting for for the future. Republicans no. class. just don’t get it. This plan is about the This week, the Republicans will have f future and not about the past. the opportunity to support real reform and say yes. EIGHTY DOLLARS TO FILL UP A f MINIVAN IS A CRISIS f b 1030 (Mr. KELLER of Florida asked and NO DRILL, NO ENERGY BILL ENERGY BILL FAILS AMERICAN was given permission to address the PEOPLE (Mr. GOODLATTE asked and was House for 1 minute.) given permission to address the House Mr. KELLER of Florida. Mr. Speak- (Mr. WILSON of South Carolina er, when a single mom in Orlando, asked and was given permission to ad- for 1 minute and to revise and extend his remarks.) Florida, is paying $80 to fill up her dress the House for 1 minute and to re- minivan, that’s a crisis. It’s a crisis vise and extend his remarks.) Mr. GOODLATTE. Mr. Speaker, when Speaker PELOSI said that an energy bill that this Democratic energy bill does Mr. WILSON of South Carolina. Mr. not address. Speaker, the Democrat hoax energy that included drilling would be a hoax, she knew what she was talking about. Now, why doesn’t it address it? bill appears to be another dis- Democratic colleagues at the Sierra appointing response to families hurt by Last night, in the dead of night, the Democratic leadership brought forward Club, the head of the Sierra Club said, high gasoline prices. Never mind the ‘‘We’re better off without cheap gas.’’ fact that this bill was written by the a no drill, no energy bill. That bill is a hoax on the American people, just as Well, let’s look at the specifics. There House Democrat leadership, never con- is no ANWR in this bill whatsoever, sidered in committee and devoid of any she said it would be. You can put lipstick on a no-drill, no-energy bill, but even though it’s the single largest un- input from the minority. tapped source of oil in the United Among the numerous troubling parts it’s still a no-drill, no-energy bill. I have introduced legislation, many States of America. of their proposal is the refusal to allow With 10.4 billion barrels of oil avail- others have, to allow the States to par- States such as South Carolina to share able, that’s enough to provide all of ticipate in drilling off their coasts. in revenues from offshore drilling. Florida’s energy needs for 29 years. It’s Their bill prohibits that. What a slap to those coastal commu- enough to give us 1 million barrels of We will see no drilling, we will see no nities to say that we will drill off your oil a day every single day for the next oil production, no access to oil produc- coast, but yet withhold revenues. 30 years, but it’s nowhere in the bill. This is the money that could help tion in more than 90 percent of the Why? Because we’re better off with- pay for new roads and beach renourish- areas where oil exists, and we should out cheap gas, according to the Demo- ment. Meanwhile, they insist on a re- go after it. Nothing in this bill for nu- crats and their colleagues. Well, we are newable energy mandate that will in- clear power, nothing in this bill for not better off without cheap gas, we crease America’s electric bills and coal-to-liquid technology, nothing in are better off without cheap political harm our rural electric co-ops. They this bill for the American people, noth- stunts, and that’s what this Demo- raise taxes and fail to address refining in this bill for my constituents, cratic energy bill is. eries, ANWR or expanding clean nu- nothing but a hoax on the American I urge my colleagues to vote ‘‘no’’ on clear power. people. it and give us an up-or-down vote on This bill is a hoax on the American f the American Energy Act. people. It won’t become law, and the f Democrat leadership knows it. This is MCCAIN’S ASSESSMENT OF ECON- not leadership and not what the Amer- OMY SHOWS THAT HE REALLY BILLIONS OF DOLLARS NEEDED ican people deserve. IS NOT AN EXPERT ON THE TO RECOVER FROM HURRICANE In conclusion, God bless our troops, ECONOMY IKE and we will never forget September the (Mr. WELCH of Vermont asked and (Mr. AL GREEN of Texas asked and 11th. was given permission to address the was given permission to address the

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K16SE7.022 H16SEPT1 jbell on PROD1PC69 with HOUSE H8142 CONGRESSIONAL RECORD — HOUSE September 16, 2008 House for 1 minute and to revise and Ms. EDDIE BERNICE JOHNSON of Mr. DAVIS of Illinois. Mr. Speaker, extend his remarks.) Texas. Mr. Speaker, the Bush-Cheney the truth is that from 2001 to 2007, Re- Mr. AL GREEN of Texas. Mr. Speak- energy plan, supported by the Repub- publicans controlled all levels of power er, Hurricane Ike came through Texas, lican majority here in Congress, is 95 here in Washington. It was their oppor- landed near Houston. Much of the area percent implemented. Yet the prices tunity to put the conservative eco- in my State, especially in the Houston- have increased by 150 percent. For the nomic ideas that they have been talk- Galveston area along the gulf coast, last 12 years, up until this term, the ing about for decades into law, and has been decimated. It will take bil- Republicans have been in the majority, they did it. lions of dollars for us to recover. along with the President. Today we see the effect of these poli- We are asking that this House under- Democrats have been the majority cies. Middle-class families are being stands the needs of the people of Texas less than 2 years, and we are trying to squeezed by wages that have actually and the areas that have been dev- put together a piece of legislation that fallen by $300 since President Bush astated. We will have to lend some as- brings in every aspect of some type of took office, 3.4 million more Americans sistance to the areas that need our help resolution for the energy shortage. All are unemployed, 5.7 million more at a most important time. of us know that drilling alone is not Americans are living in poverty. For fear that someone may not un- the answer. derstand, we are truly all in this to- We can drill all we want to. The pop- Foreclosure rates have hit a record gether. Dr. King reminded us that life ulation of the world has gotten so large high with 2.5 million families expected is an inescapable network of mutuality that there is no way it’s going to be to lose their homes this year. The dol- tied to a single garment of destiny. enough to do what we need to do. We lar remains weak because President Whatever impacts one directly, im- have got to do alternative fuels that’s Bush continues to borrow record pacts all indirectly. in this bill, even including the possi- amounts of money from other coun- Though you may live in some far cor- bility of nuclear energy. tries. ner of the United States of America, I will support this bill strongly be- This is the economy Washington Re- there are earthquakes, there are fires, cause it has a multiple number of ways publicans created with policies towards there are storms that will come into to address this problem. the needs of the wealthiest few over your life. We are all going to need some f those of hard-working, middle-class Americans. Now Senator MCCAIN vows help at some point. DEMOCRAT INACTION ON FAILING So I am begging those of you who to continue those same economic poli- TO ADOPT A COMPREHENSIVE can, please understand that we have cies if he wins the Presidency. ENERGY POLICY got to help Texans and Americans That does not sound like change to (Mr. LATTA asked and was given through this. me. permission to address the House for 1 f minute.) ALLOW OPEN, FULL AND FAIR Mr. LATTA. Mr. Speaker, the Demo- f DEBATE crat inaction on failing to adopt a com- (Mr. WESTMORELAND asked and prehensive energy policy has come NO ENERGY BILL was given permission to address the home to roost. We see this happened in (Mrs. MUSGRAVE asked and was House for 1 minute and to revise and the last hurricane. We have over 20 per- given permission to address the House extend his remarks.) cent of our oil being produced in the for 1 minute and to revise and extend Mr. WESTMORELAND. Mr. Speaker, gulf, and these oil rigs being shut her remarks.) this bill that was introduced last night down, and the refineries being shut Mrs. MUSGRAVE. Mr. Speaker, the at 9:45 has the same MO as the other down. Democrat no-energy bill before us lies that the Democratic Party have Americans are suffering. We have to today is an absolute travesty. The bill told the American people. diversify. Once again, when you look at I quote here from A Congress Work- the energy proposals here, we have to will permanently lock up the first 50 ing for all Americans, something put be up in ANWR. There’s 10.3 billion miles of coastline and keep the next 50 out by the then-Democratic minority barrels of oil up there that we need to miles under lock and key until coastal trying to become the majority. ‘‘Bills be drilling. We have got to get that oil States pass a law permitting produc- should generally come to the floor down here. tion. under a procedure that allows open, We have to make sure that there is They don’t have any incentive to do full and fair debate consisting of a full natural gas, make sure that people can so, so it essentially locks up the first amendment process.’’ More smoke and heat their homes this winter. We have 100 miles of coastline where most of mirrors to get elected. to make sure that the folks that are our resources are located. This bill In fact, Mr. PAUL KANJORSKI stated it out there driving trucks or tractors does not share any royalty revenues best when he was talking to a reporter have diesel. We have to have that to with coastal States, giving them abso- about the promises the Democrats make sure we keep our energy prices lutely no incentive to approve produc- made on the campaign trail, ‘‘We sort down and our food prices down. tion off their coast. of stretched the truth, and people ate But the time to act is now. We have Under current policy, producing it up.’’ They have stretched the truth. to have a comprehensive energy plan. States receive royalties from offshore Speaker PELOSI in April 2006, said, we The Republicans have put forward all production. This bill does not provide have a plan to lower the skyrocketing of the above. All of the above is to funding for environmental restoration price gas prices. It was $2.06 at the make sure that we have nuclear, clean or a sustainable funding mechanism to time. Now, as you know, it’s over $4. coal technology, hydro. We have to develop alternative and renewable en- But Mr. DEFAZIO from Oregon told make sure that we drill, that we make ergy sources, which would decrease our the truth. He said, ‘‘It is sad to see the sure that we have all of the alter- dependence on foreign oil. Republicans come to this.’’ Now they natives out there, but we have to do it This bill includes an unworkable, re- laughingly say this will lead to higher now. If we don’t get it done now, the newable energy standard. prices. rest the world will pass us by. Next In States like mine, Colorado, we are The energy bill they passed in Janu- year China is becoming the number one well positioned to utilize renewables. ary of 2007 has caused gas prices to manufacturing country in the world. double. This is a sham. It’s time to act right now. Other States will be unable to meet this unrealistic hurdle, costing con- f f sumers untold increases. DRILLING ALONE IS NOT THE SEEING THE EFFECT OF Speaker PELOSI, you can fool all of ANSWER REPUBLICAN POLICIES the people some of the time, some of (Ms. EDDIE BERNICE JOHNSON of (Mr. DAVIS of Illinois asked and was the people all of the time, but you can- Texas asked and was given permission given permission to address the House not fool all of the people all of the to address the House for 1 minute.) for 1 minute.) time. This is a travesty.

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K16SE7.024 H16SEPT1 jbell on PROD1PC69 with HOUSE September 16, 2008 CONGRESSIONAL RECORD — HOUSE H8143 b 1045 lican energy plan. We are talking about years, Washington Republicans have COMPREHENSIVE ENERGY PLAN expanding renewable sources of energy, favored profits for Big Oil while Amer- and we are talking about creating ica is paying record prices at the pump. (Mr. ELLISON asked and was given good-paying jobs here in the great House Democrats know this country permission to address the House for 1 United States of America. needs comprehensive energy legislation minute.) Since January alone, 90,000 Ameri- to bring down gas prices and invest in Mr. ELLISON. Mr. Speaker, there is cans lost their jobs; 16,000 of those the energy sources of the future. a real difference between the Demo- Americans were from the great Hoosier This week we will vote on com- cratic and Republican plans when it State of Indiana. The Center for Amer- prehensive legislation that invests in comes to energy. The comprehensive ican Progress just released a report renewable energy sources and respon- Democratic plan is an American- saying if we invest $100 billion into a sibly increases domestic supply by owned, 21st-century energy plan, and comprehensive plan, we will be able to opening portions of the Outer Conti- the Republican plan is not. create 2 million green jobs in 2 years. nental Shelf for drilling. The Democratic plan lowers prices We have already spent trillions of dol- In New Jersey, we want this energy for consumers and protects taxpayers, lars in Iraq. We can invest $100 billion package which will provide real relief expands renewable sources of energy, in a comprehensive plan that can em- for consumers at the pump, help end and increases our security by freeing ploy Americans. Eighty percent of Hoo- our dependence on foreign oil, create America from the grip of foreign oil. siers are without college degrees; 70 millions of new jobs, and help transi- Perhaps this is the problem with the percent of Americans are without col- tion America to a cleaner, renewable objection to the Democratic plan: it re- lege degrees. This is an opportunity to energy future. quires Big Oil to pay what it owes tax- help Americans pull themselves out of Mr. Speaker, just talking about an payers. It ends subsidies to Big Oil poverty by investing in the green all-of-the-above plan won’t help con- companies. Maybe some people don’t movement. sumers who are pumping hundreds of like that. And it creates good-paying f dollars into their gas tanks every day. jobs here in America. We need to pass a Democratic all-of- The Republican bill is more of the ENERGY PROPOSALS the-above plan that will help us solve same old Bush-CHENEY, two oilmen in (Mr. FERGUSON asked and was our energy problems. the White House energy policy written given permission to address the House f by and for the oil companies. It is time for 1 minute.) to end that policy. Mr. FERGUSON. Mr. Speaker, today AMERICA HAS TO HAVE OWN RESOURCES f we have a stark contrast between the Republican approach to solving the en- (Mr. ISSA asked and was given per- ENERGY BILL WITH NO ENERGY ergy crisis in our country and the lib- mission to address the House for 1 (Mr. TERRY asked and was given eral Democrat and the radical environ- minute and to revise and extend his re- permission to address the House for 1 mentalist approach to solving the en- marks.) minute.) ergy crisis in our country. Mr. ISSA. Mr. Speaker, the American Mr. TERRY. Mr. Speaker, this is an We are going to look at two different people know who the Republicans are. extremely disappointing day for me, pieces of legislation, the American En- We are the party that for decades the and I assume for America. Today is the ergy Act written by Republicans and Democrats, backed by the radical left, day when we finally have an energy some of our friends on the Democratic have accused of wanting to do nuclear bill, except it doesn’t have energy in it. side, and the Democrats and radical en- power. We are the party that for dec- And America wants us to work to- vironmentalist no-energy plan that we ades the environmental movement has gether, the Republicans and Democrats will have to vote on today. fought because we wanted to drill for to work together, so that we have a Because it might not be easy to see oil and natural gas in America. comprehensive American energy plan this chart, I am going to go down this Mr. Speaker, we are the party that that makes us independent of foreign chart. has this energy bill that is not being oil where we can have price stability. Real offshore exploration for new en- considered, while your party, headed But unfortunately, as Republicans ergy: Republicans say yes; Democrats by NICK RAHALL, GENE GREEN, GEORGE repeatedly reached out to the Demo- say no. MILLER, and JOHN DINGELL, is claiming crat leadership to be involved in this Renewable energy without raising to have a bipartisan bill that is yours process, we were totally shut out. The your taxes: Republicans say yes, Demo- which does nothing. only negotiations occurred within the crats say no. Mr. Speaker, there is no Republican Speaker’s office, and no Republican Real oil shale exploration to find new in your bipartisan. That is a new defi- was allowed. We didn’t even see the bill energy: Republicans say yes; Demo- nition even for this Democrat Con- until late last night. This is not a true crats say no. gress. energy bill. If she would have included Drilling off the Arctic coastal plain: Mr. Speaker, back in 1998 I called for some of us, we could have made this Republicans say yes; Democrats say our California coast to be opened for hoax of a bill a lot better for the Amer- no. exploration so we would have a stra- ican public. Emission-free nuclear energy to help tegic reserve we could tap in time of For example, they say that they open us find new electricity and power: Re- need. Guess what, BARBARA BOXER and up 12 percent of the resources, but then publicans say yes; Democrats say no. the radical left attacked me. I lost that put conditions on it that really can’t Clean coal technology: Republicans election. I haven’t changed my position be met. So even that 12 percent of the say yes; Democrats say no. since then; I never will. America has to coastal waters are not going to be Increasing our refinery capacity in have its own resources. We are the opened up while they pass a permanent our country: Republicans say yes; party that you know has wanted to do moratorium on 88 percent. Democrats say no. that, and you are the party that has This is a hoax, and America needs to The Democratic energy plan is a been blocking it. see it for what it is. sham. Vote it down. f f f RELIEF AT THE PUMP COMPREHENSIVE AMERICAN DEMOCRATS PROVIDE RELIEF AT (Mr. CLEAVER asked and was given ENERGY THE PUMP permission to address the House for 1 (Mr. CARSON of Indiana asked and (Mr. PAYNE asked and was given minute.) was given permission to address the permission to address the House for 1 Mr. CLEAVER. Mr. Speaker, it really House for 1 minute.) minute.) troubles me that the United States is Mr. CARSON of Indiana. Mr. Speak- Mr. PAYNE. Mr. Speaker, when it borrowing money from China to buy oil er, there are real differences when we comes to gas prices, Republicans don’t from Saudi Arabia to put in cars from talk about the Democratic and Repub- have a record to be proud of. For 8 Japan.

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K16SE7.026 H16SEPT1 jbell on PROD1PC69 with HOUSE H8144 CONGRESSIONAL RECORD — HOUSE September 16, 2008 We have been working hard to pass omy has shed 600,000 more jobs this engineers and analysts who will never legislation that will bring down prices year than they have created? What have an opportunity to analyze this at the pump and help America end its about middle class families who are bill and tell America what it does be- dependence on foreign oil. worse off today than they were 8 years cause it was filed last night and we will We signed into law the first vehicle ago? They have seen their real wages vote on it today. fuel efficiency standards in three dec- fall over 8 years by $300. When they do, this is what they are ades which will save drivers approxi- Mr. Speaker, when it comes to eco- going to tell Virginians. They are mately $1,000 a year. We passed an his- nomic issues, there is no difference be- going to tell Virginians that it pulled toric commitment to American tween President Bush, Senator away the revenues that they could biofuels which are keeping gas prices 15 MCCAIN, and former President Herbert have gotten from oil drilling. They will percent lower than they would be oth- Hoover. tell Virginians that it has increased erwise. And House Democrats pres- f their electricity bills enormously, and sured Mr. Bush to stop sending oil to it puts $18 billion more taxes across AMERICA UNDERSTANDS WE ARE the government reserve, which put America. NOT DEVELOPING AMERICAN EN- more oil on the market to fight rising But that is okay because off the cam- ERGY gas prices. era they are going to put their arm This Democratic-led Congress has (Mr. AKIN asked and was given per- around us and say don’t worry about it also passed legislation to curb excess mission to address the House for 1 because this bill will never become law speculation to prevent price gouging minute.) because it is just designed to give us and to expand tax incentives for renew- Mr. AKIN. America by this time un- cover in the election. able energy. derstands that we have not been devel- Mr. Speaker, America deserves bet- Mr. Speaker, it is time for us to stop oping American energy. There are ter. three things required to develop Amer- being partisan and try to move toward f progress. ican energy. First, you have to have f natural resources. America is blessed DEMOCRATS ARE TIRED OF with a great supply and diversity of THINKING ENERGY PLAN natural resources. (Mr. REHBERG asked and was given (Mr. JORDAN of Ohio asked and was The second thing you have to have to permission to address the House for 1 given permission to address the House develop American energy is the tech- minute.) for 1 minute.) nology to be able to develop energy in Mr. REHBERG. Mr. Speaker, finally Mr. JORDAN of Ohio. Mr. Speaker, a scientific and an environmentally a Democrat bill. America is the greatest Nation in his- friendly way. We are very clever with Will Rogers once said a conclusion is tory with the greatest economy in his- our technology. We have that in Amer- a place where you finally got tired of tory, a $14 trillion annual economy. To ica. thinking. It looks like the Democrat remain the number one economy, we And the third thing that you need is leadership has gotten tired of thinking. need a real energy plan, not a sham. To political will, the desire to develop They just got back from a 5-week va- help families across this country, we American energy; and in that regard cation, while gas prices prevented need a real energy plan, not a sham. this Congress has failed. The Pelosi many of their constituents from taking Here is the Democrat plan: no real Congress refuses to put the gears in a vacation. I joined my Republican col- offshore drilling; no drilling in ANWR; motion and take action. leagues here in Washington, D.C. We no nuclear power; no lawsuit abuse re- Now, I can understand if you like $4 were here every day of the week during form; no revenue sharing with the a gallon gasoline, you prefer to see it those days with no lights, no cameras, States. But you know what is in the go to $6, that is a political policy. If no microphone, and no Democrats. plan, tax increases. Think about that. that is what the Democrats want to do, Last week, the first week we were At a time when we want our economy if that is what PELOSI wants, fine. back, we worked just 3 days, just 3 to grow, they are raising taxes. At a But what we have on the floor today days, and they did not give us an en- time when we need more oil, they are is a sham. It pretends to be an energy ergy bill. going to tax the very people who bill and pretends to say it is going to I come from the energy State of Mon- produce the oil. drill, and it doesn’t. It has nothing in tana. We have oil, gas, coal, wind, This is a terrible plan. It doesn’t help there for clean nuclear and nothing to solar, geothermal, biomass, and eth- our economy stay number one. It won’t allow real drilling in Alaska. We have anol. We are part of the solution. But help American families, and that is 748 sites to drill, every one blocked by the Democrats are standing in our way. why we should vote ‘‘no’’ on the Demo- a lawsuit. There is no reform in this Allow us an opportunity to drill for crat plan and support the Republican bill. This is a sham. oil and dig our coal. It is time we pass plan that does the right things for our f a bill. After 5 weeks of vacation, an- country. AMERICA DESERVES BETTER other week of no energy votes, they fi- f nally come up with a 290-page energy (Mr. FORBES asked and was given bill that doesn’t create any energy. We MCCAIN NOT AN EXPERT ON permission to address the House for 1 can only conclude the Democrats are ECONOMY minute and to revise and extend his retired of thinking. (Ms. CORRINE BROWN of Florida marks.) asked and was given permission to ad- Mr. FORBES. Mr. Speaker, every day f dress the House for 1 minute.) on the floor and across America today, b 1100 Ms. CORRINE BROWN of Florida. we are hearing people talk about being Mr. Speaker, earlier this week it was bipartisan. They come to the floor COMPREHENSIVE ALL-OF-THE- difficult to tell President Bush and when they have drafted a bill improp- ABOVE ENERGY PLAN Senator MCCAIN apart. On the day erly or they have ethics charges (Mr. KLINE of Minnesota asked and when the stock markets fell 500 points, against them, and they plead with us was given permission to address the President Bush described it as nothing with tears almost that we need to be House for 1 minute and to revise and more than an ‘‘adjustment,’’ while Sen- bipartisan. extend his remarks.) ator MCCAIN declared the ‘‘fundamen- But when it comes to one of the most Mr. KLINE of Minnesota. Mr. Speak- tals of our economy are strong.’’ significant issues facing America er, for 5 weeks, all during the month of Are President Bush and Senator today, energy, they don’t want to be bi- August and September, Republicans MCCAIN serious, or are they out of partisan. were on the floor of this House with touch? What about the millions of Mr. Speaker, it is one thing to cut the microphones off and the cameras Americans who have lost their jobs and the microphone and the lights off off demanding a comprehensive all-of- are having trouble finding a new one against Republicans; but what this bill the-above energy plan. We were de- simply because the Bush-McCain econ- does is cut it off against scientists and manding that we have open debate and

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K16SE7.027 H16SEPT1 jbell on PROD1PC69 with HOUSE September 16, 2008 CONGRESSIONAL RECORD — HOUSE H8145 that we have a vote, the very thing the financial markets implode across But the fact of the matter is, with that then-minority leader NANCY the United States. Now, who’s in the litigation explosion we have based PELOSI demanded, saying that the mi- charge, the Democrats or the Repub- on the extremists in the environmental nority party should have the right to licans? movement, the coconspirators with the present its alternatives, have a debate Now, for 2 years they promised us Democratic Party on this, they’ve basi- and have a vote. That’s what we’ve change. Look at the financial leader- cally paralyzed our efforts to get any been asking for for weeks and weeks ship of the House of Representatives. energy. Every single lease that’s been and weeks. Look at the leadership of the Ways and granted over the last 2 years has been We believe that we need a com- Means Committee, right now under sued against. As a matter of fact, there prehensive all-of-the-above energy siege. are two lawsuits now that are already plan. This is not a comprehensive, all- They promised us and the American in effect with anything that we will of-the-above energy plan. This is not. people that they would have a policy, lease in the future. So who’s kidding Just for example, in the American the Pelosi Energy Policy, some 2 years whom? Energy Act, the Republican bill, we ago when gas prices were hovering Let’s break this conspiracy that ex- call for emission-free nuclear power. around $2. ists between the extremists on the en- This is the one place in the world I can They control the process. We don’t vironmental side and the Democratic think of where the French actually control the process. Now, they have leadership. Let’s give us real power. have it right. They get 80 percent of brought out a sham. They are in con- Let’s reject this death penalty for their electrical power from nuclear en- trol, and we have the highest energy power and energy that they’re calling ergy. prices in a bill that does nothing to an energy bill. It’s a fraud on the We haven’t built a new nuclear en- solve the problem. American people. We ought to under- ergy plant in this country in years, and That’s Government 101. stand that. we never will if we adopt this plan. We f We need to do better. The American need a comprehensive all-of-the-above people need to do better. Let me tell A STORM SWEEPING THIS plan. you this: If the Democrats have run out CHAMBER f of energy, there’s plenty of energy on (Ms. GRANGER asked and was given this side of the aisle to do the right REPUBLICANS GET IT permission to address the House for 1 thing. (Mr. BACHUS asked and was given minute.) f permission to address the House for 1 Ms. GRANGER. Mr. Speaker, a ter- minute and to revise and extend his re- rible storm has swept over my home DRILLING OFF THE ATLANTIC marks.) State of Texas, brought devastation to COAST Mr. BACHUS. Mr. Speaker, the num- neighborhoods and communities; 2,500 (Mrs. DRAKE asked and was given ber one cost in manufacturing is en- search and rescue missions out, 2 mil- permission to address the House for 1 ergy. The number one cost of job loss lion people without energy in their minute and to revise and extend her rein America is the high cost of energy. home probably for 3 weeks. marks.) Now, the Chinese get that. The Chi- There’s another storm that will Mrs. DRAKE. Mr. Speaker, Virginia’s nese are building 32 nuclear power sweep this Chamber and this Nation Second District includes the entire At- plants. over the hoax of this energy, this en- lantic coast in Virginia. The country of India, they get it. ergy bill that brings no energy to the Today, I see that the rumors that Seventeen new nuclear power plants. American people, at a time when we we’ve heard all weekend are true. This Even Abu Dhabi and Dubai, oil rich need the shot in the arm for the long bill supposedly opens drilling, but real- Arab countries, United Emirates, they term, as well as for today. ly, it doesn’t. The first 50 miles are sell us their oil and they’re building This bill that’s been brought as if it closed. The second 50–100 miles are nuclear power plants so they don’t were a real bill, brought, passed in the open at State option, but no royalties have to use their oil, they can sell it to dead of night, brought with no debate, to those coastal States. us. no discussion, no input, no process, a Virginia gets zero. Look at Alabama, Listen, all these countries get it. The process that has stood us well for dec- Mississippi, Louisiana, Texas, 37.5 per- Republican bill gets it. It has nuclear ades, for centuries, no process, no off- cent. Every other coastal State, zero. energy. But JOE BIDEN, Senator OBAMA, shore exploration, no oil shale re- The effect of this legislation will be they don’t get it. The Democrats don’t sources, no refineries, no drilling in none of these coastal States will allow get it. There’s no nuclear energy in ANWR, no nuclear, no coal, no energy, for drilling. So industry will now look their bill. no nothing, and no commitment to the at 100 miles out or more. Problem with We’ll continue to lose jobs. We’ll con- American people who support this and that? Resources within the first 50 tinue to have high cost of energy, and understand what we should be doing, miles. most importantly, we will not be able what they deserve, what they respect, America needs to realize that we are to compete with the world because what is our job. the only Nation that does not take re- they are building nuclear power and What a hoax. What a disappointment. sources from our Outer Continental cheap energy while we’re not. f Shelf. The American families are hurt- We need to vote for a real bill, not ing. American businesses are hurting, DEATH PENALTY FOR POWER AND this sham. and look at the impact on our econ- ENERGY f omy. After all of these months of bills (Mr. DANIEL E. LUNGREN of Cali- on the floor and discussion on the GOVERNMENT 101 fornia asked and was given permission floor, this is the result of this bill. It’s (Mr. MICA asked and was given per- to address the House for 1 minute and not only a hoax, it is cruel to American mission to address the House for 1 to revise and extend his remarks.) families and American businesses. minute and to revise and extend his re- Mr. DANIEL E. LUNGREN of Cali- f marks.) fornia. Mr. Speaker, this bill might be Mr. MICA. Mr. Speaker and my col- called the death penalty for power and LITIGATION IS KILLING AMERICAN leagues, now, this is going to be a les- energy. Why do I say that? JOBS son in Government 101. Now, 2 years If you look at how we utilize lethal (Mr. PEARCE asked and was given ago, and this may surprise a lot of the injection in this country, the first in- permission to address the House for 1 American people and even some Mem- jection actually sedates the individual. minute and to revise and extend his re- bers that follow politics, but the Demo- The second injection paralyzes the marks.) crats seized control of the Congress. heart, thus killing the individual. What Mr. PEARCE. Mr. Speaker, a genera- They control the House, the Senate. we have here is the first part of it is se- tion ago, extreme environmentalists Now, people across the country woke dation. That’s the bill today that began filing lawsuits to stop the pro- up this morning and yesterday and saw claims it’s for energy. duction of timber in the United States.

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K16SE7.029 H16SEPT1 jbell on PROD1PC69 with HOUSE H8146 CONGRESSIONAL RECORD — HOUSE September 16, 2008 They killed the timber industry change these days; certain parties The renewable portfolio standards throughout this great country. 20,000 claiming more change than others per- that raise everybody’s electricity bill jobs were lost in New Mexico alone. haps. are unreasonable. But that really Today we have fewer than 100 of those I would suggest that what has doesn’t matter because nobody expects jobs left, and they’re in the process of changed the most is the definition of this bill to become law. The drilling in dying probably this year. That whole the term ‘‘bipartisan.’’ To say that this the Outer Continental Shelf can’t real- response to our timber industry was a effort is bipartisan is not being honest. ly occur. But maybe that doesn’t mat- hoax. To say that the process that we’re sup- ter either because this bill’s not about Today we’re involved in another posed to engage in 2 years ago of being something that would become law. hoax, the hoax that is sending $700 bil- the most open process in the history of I’m offended, Members of the House lion a year to enemies across the seas; Congress, not so. To criticize the exec- are offended, and we should be by this $700 billion a year would be a 6 percent utive branch for energy policies 7 years process. And the American people increase in our economy. That means ago being drafted behind closed doors, should be offended that we’re not doing more jobs. And yet instead of solving and then to participate or not allow the job for them that really matters. the problem, we’re extending the prob- participation in this issue, I think, is f lem through a hoax. unconscionable for the American peo- If we want to stop the outflow of ple. b 1115 American jobs, we need to stop the We’re talking about way offshore DEMOCRAT ENERGY BILL IS lawsuits that are killing every single drilling, if at all. We need broad-based RIGGED new lease. They’re killing mining, they energy supply. have already killed the timber indus- If we think that a 9 percent approval (Mr. BOEHNER asked and was given try. The extremists, with litigation, rating of Congress is bad, let’s pass a permission to address the House for 1 are killing American jobs, and this bill that won’t do anything saying that minute.) hoax that is on the floor today called it will. That is bad policy. If we expect Mr. BOEHNER. Mr. Speaker, I appre- an energy bill is doing nothing about our economy to grow, we need to afford ciate the announcement from the Chair the litigation that is killing American the resources of energy to the growing that additional Members will be al- jobs. We must stop it, and we must stop economy. lowed to give 1-minutes. In fact, it was the litigation. f announced earlier that there would be unlimited 1-minutes, then it was an- f ANNOUNCEMENT BY THE SPEAKER nounced that we would only have 30 1- PRO TEMPORE THE AMERICAN PEOPLE DESERVE minutes on each side. And I appreciate BETTER The SPEAKER pro tempore. The the announcement that we will have at (Mr. CHABOT asked and was given Chair will entertain up to an additional least 20 more because our Members permission to address the House for 1 20 requests for 1-minute speeches on want to speak, and I will tell you why. minute.) each side. When a bill gets filed at 9:45 the Mr. CHABOT. Mr. Speaker, I rise in f night before and then it’s announced strong opposition to this sham, no-en- DEMOCRAT ENERGY BILL it’s going to come to the floor the next ergy energy bill, and want to express morning as the first bill up, a bill that (Mr. BLUNT asked and was given my deep disappointment that once no one has read, written in the dark of permission to address the House for 1 again, this House is missing an impor- night, that won’t do a damn thing tant opportunity to lower gas prices, minute.) Mr. BLUNT. We’re here today to talk about American energy. Enough is and make our Nation more energy enough. independent. about a bill that nobody had seen, or at least no Republican had seen as late as The Speaker of the House said this After reviewing this bill, it’s clear will be the most open and ethical Con- that the majority never really intended 9:45 last night. No committee has seen the bill. In gress in history, that we would con- to open the Outer Continental Shelf to sider things in a fair and open way. energy exploration. Instead, this bill fact, I asked has this been to the En- ergy and Commerce Committee? I And this is not going to be considered would permanently keep off-limits 88 in a fair and open way. It shows up in percent of our offshore oil and natural thought, as a member of that committee I must have missed the hearing. the middle of the night, nobody’s read gas reserves. the bill, and guess what? The Repub- Let me tell you some of the other But, no, it hasn’t been to the Energy and Commerce Committee. lican Members, who represent about 48 failings of this bill. It fails to open up percent of the American people, we’re more of the energy rich Gulf of Mexico. And so I asked has it been to the Re- sources Committee because it deals not allowed to offer a substitute. We It fails to make building refineries any have no opportunity to offer our Amer- easier. It fails to promote nuclear en- with our natural resources. No, it hasn’t been to the Resources Com- ican Energy Plan that we’ve been on ergy. It fails to boost oil shale develop- this floor talking about for 3 months ment, and it fails to open the billions mittee. I asked has it been to the Ways and nonstop. We don’t even get a chance to of barrels of oil now off limits in Means Committee. There’s a $1.2 bil- offer the bill. ANWR. It’s rigged, and the bill that’s coming What this bill will do is raise taxes lion project in this bill that the chair- to the floor is nothing more than a that will surely be passed along to con- man of the Ways and Means Committee hoax on the American people, and they sumers in even higher prices at the has wanted forever to extend subways will not buy it. pump. in New York, so I thought surely it had Louisiana Senator Mary Landrieu, a been to the Ways and Means Com- f Democrat, recently said it best. This mittee. But it hadn’t been to the Ways and Means Committee. In fact, it’s ENERGY BILL NOTHING BUT bill is ‘‘dead on arrival in the Senate.’’ POLITICAL COVER The bottom line is, this bill is a pub- been to no committee anywhere, and it licity stunt, and the American people does nothing. (Mr. BONNER asked and was given deserve better. Republicans have worked for years in permission to address the House for 1 this House to send good legislation to minute.) f the Senate, joined by Democrats who Mr. BONNER. Mr. Speaker, in words THE DEFINITION OF BIPARTISAN agree with us on this issue. We worked that the American people can under- HAS CHANGED all of August to call attention to the stand, you can put lipstick on a bad (Mr. SMITH of Nebraska asked and fact that we weren’t dealing with the bill but it is still a bad bill. And sadly, was given permission to address the number one problem facing the Amer- that is what your leadership’s so-called House for 1 minute and to revise and ican people, and now we have a bill energy bill is. It has been called a extend his remarks.) that we find will not produce any more sham, which it is; it’s been called a Mr. SMITH of Nebraska. Mr. Speak- energy and we know will increase en- hoax, which it is. But the truth is, it is er, we’ve been hearing a lot about ergy prices. nothing but political cover to allow

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K16SE7.030 H16SEPT1 jbell on PROD1PC69 with HOUSE September 16, 2008 CONGRESSIONAL RECORD — HOUSE H8147 Members on your side of the aisle an every segment of our society, and my Producing an American energy bill opportunity to say they are for some- constituents in coastal South Carolina that produces American energy is the thing which we all know the majority are getting more concerned every day course for the future of this Nation. of your Members are adamantly op- that with what goes on that we do not It’s a threat to America’s national se- posed to. have a solution to bring a more domes- curity, our economic security not to Why does Congress have the lowest tic supply of energy on line. pass the energy bill. approval rating in the history of the My constituency sees Russia holding f Republic? Because instead of having a Europe as an ‘‘energy hostage,’’ and OPEC WOULD SUPPORT real debate on a real energy producing they do not want to allow foreign and DEMOCRATS’ ENERGY BILL bill, one that will give incentives to sometimes unfriendly nations to have the States to actually join in the pro- the ability to hold the United States as (Mr. SCALISE asked and was given duction of new American energy, this an energy hostage in the future. permission to address the House for 1 Democratic majority is instead offer- Right now, Russia supplies 50 percent minute and to revise and extend his re- ing up a bill that will not produce a of Europe’s natural gas, and by the marks.) single drop of new oil or a single ounce year 2020, Russia will supply 75 percent Mr. SCALISE. Mr. Speaker, for of new gas. of Europe’s natural gas. Right now months we’ve been talking about the With so much uncertainty in the America is 70 percent dependent on for- need to address this national energy hearts of the American people today, eign energy. So much of American en- crisis that’s facing our country that’s today’s vote is a kick in the teeth to ergy is being produced in prime hurri- hurting our economy. We’ve been talk- every hardworking American who’s cane zones that are susceptible to nating about getting a bill on the floor tired of paying more for oil and gas. ural disasters every year. like the American Energy Act that ap- Shame on us. Shame on you. Mr. Speaker, we should view our en- proaches this in a comprehensive way ergy resources as a natural asset, not f and addresses all of the issues. as an environmental liability. The en- But yet I rise today in strong opposi- A BIPARTISAN BILL IS NEEDED ergy crisis that we are currently in tion to this bill that the Democratic (Mr. PETERSON of Pennsylvania cannot be solved by having us being de- leadership filed in the dark of night asked and was given permission to ad- pendent on foreign and sometimes un- with no discussion that they’re going dress the House for 1 minute.) friendly nations. to bring up today and allow no amend- Mr. PETERSON of Pennsylvania. Mr. We all must learn a valuable lesson ments on. And let’s look at why that Speaker, I rise with disappointment from what’s currently going on be- bill is so bad. today. People in my district and the tween Russia and Europe and seize this First of all, it puts a permanent ban working people of this country are beg- opportunity to vote on all-of-the- on 88 percent of the known Outer Con- above. ging us to resolve this energy issue. tinental Shelf reserves. That’s billions They’re struggling to drive their cars, f of barrels of oil that we know right and they don’t have any idea how STOP PLAYING GAMES WITH where they are, and yet there’s a per- they’re going to heat their homes and AMERICAN ENERGY PRODUCTION manent ban on these reserves placed in run their businesses with today’s en- (Ms. FALLIN asked and was given this bill. That’s something that OPEC ergy prices. They expect us to do some- permission to address the House for 1 would want because OPEC now would thing. minute.) have even more leverage on us because Speaker PELOSI’s been telling the Ms. FALLIN. Mr. Speaker, my, my, they know that we would be taking off- country that drilling’s not the answer; my, what a difference one night can limits 88 percent of our known reserves it would take 10 years. Well, the Pelosi make. Last night we were in session offshore. team drafted a bill. It will take 10 until about 7:15. There was no energy If you look at the new taxes and the years, maybe 15, maybe 20, folks. This bill. All of a sudden, we wake up this billions of dollars in new spending that bill will not produce energy. It locks up morning and we have an energy bill, they have that has nothing to do with 97 percent of the west coast forever. It but it’s an energy bill that even the energy, and yet Speaker PELOSI says locks up the most productive part of majority of, well, I would say even the we don’t have money to give States the gulf that we can produce quickly conservative Blue Dog Democrats have their own fair share of royalty sharing forever. not seen, much less even the Repub- because she knows that’s a deal break- Folks, we need a bipartisan bill. licans in the House. And so why do we er that will lead to absolutely no drill- Twenty-three Republicans and Demo- have this today happening? ing. crats sat down and drafted a bill, 11 It’s because there are people in this Mr. Speaker, I would attest to you Democrats and 12 Republicans. We body who do not want to produce en- that OPEC could not have drafted a drafted the Peterson-Abercrombie bill ergy for America. We’re playing games better bill than what the Democrats that opens up all kinds of energy for with American energy production. filed in the dark of night. America, funds all the renewables, and We’re hurting the American economy. We need to vote this down. The gives hope to the American people. We’re hurting the pocketbooks of our American people see through it. Bring That’s the kind of bill they don’t American businesses. We’re increasing up the American Energy bill. We have want. They don’t want a Republican our dependence on the foreign oil. no time to waste. bill. They don’t want a Democrat bill. All of the Americans right now are f They want a bill that Members of this very concerned about our economy, WE NEED TO COME TOGETHER ON Congress sat down with no oil compa- they’re concerned about our unstable AN ENERGY BILL nies, no lobbyists. We sat down and financial institutions, they’re con- drafted a simple bill—not 290 pages— cerned about home foreclosures, (Mr. MCCARTHY of California asked one we could understand. We need to they’re concerned about trade deficits, and was given permission to address vote on a bipartisan energy bill that they’re concerned about foreign coun- the House for 1 minute.) will give hope to the Americans that tries who are coming in and buying Mr. MCCARTHY of California. Mr. there is an economic future. American assets. They’re concerned Speaker, like most every Member in- f about the cost of gasoline, the cost of side this House, the first day that you food, the cost of consumer goods. are sworn in is a highlight, one of the ENERGY POLICY You know, families are struggling, highlights in your life. As I look across (Mr. BROWN of South Carolina asked businesses are struggling. But yet in this floor, I see Members from both and was given permission to address this body, we have an energy bill that sides of the aisle that experienced that the House for 1 minute and to revise has been brought forth today that we for the very first time with me this and extend his remarks.) have not seen, that we have not had January. Mr. BROWN of South Carolina. Mr. time to debate, to look at. It’s one of I sat on the floor, and I brought my Speaker, the energy crisis that we are the most important issues facing our young son and daughter with me. I lis- facing in America today is affecting Nation. tened intently as Madam Speaker held

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K16SE7.032 H16SEPT1 jbell on PROD1PC69 with HOUSE H8148 CONGRESSIONAL RECORD — HOUSE September 16, 2008 the gavel to the words that she said what is probably one of the more im- President, we got into this mess. This that we’re going to define this Con- portant pieces of legislation that we is the President whose idea of an en- gress, define this Nation. And the will address in this century. I will tell ergy policy is holding hands with the words that she spoke that rang to me you this is extraordinarily important. Crown Prince of Saudi Arabia, embrac- that I applauded, I stood up and said People in my district ask me all the ing him with a big smooch. ‘‘yes,’’ was this was going to be a Con- time, ‘‘Rob, we see this issue, it’s an If my colleagues want to do some- gress of partnership, not partisanship. important issue for our Nation, why thing interesting, go to It’s sad to say that today this is not can’t we come together and use some opensecrets.org. Look at the donations a Congress of partnership. We may be commonsense to solve it? Why can’t of ExxonMobil, look at Texaco, look at from different sides of the aisle, we Congress work together?’’ all of those, and look at the ‘‘Rs’’ next may be Republican, we may be Demo- Well, folks, this is not the way to to all of the people who got it. crat; but first and foremost, we are work together. This is not an inclusive I gotta tell you something. The sta- American. We are Americans with a de- process. When we are given the oppor- tus quo is perfect. We govern over here, sire to have an American energy inde- tunity to make sure that the best and and on that side, 60 seconds of bluster pendent policy, and it’s sad to say that brightest ideas come forward for a pol- at a time, 60 seconds of rhetoric at a this bill does not. This bill, created in icy that’s so important to the future of time, 60 seconds of ‘‘drill, baby, drill’’ the middle of the night. this country, we need to make sure the at a time. And when you think about where you opportunity is there to bring forth the If you want to govern the country, sit and what part you’re a part of, that best solutions to this. you had your chance and you blew it. the Chamber, that this dome that we’re We will not solve this energy problem Look at the energy bill you passed. under today was built during the Civil with this bill. This will not happen. It f War confronting the challenges that doesn’t provide for nuclear energy, it face America. We can meet that chal- doesn’t unlock the resources that we b 1130 lenge, but we can only meet it with have here. We’re the only nation in the WE DON’T NEED A SHAM partnership, and we need to come to- world that refuses to use its own re- POLITICAL BILL gether and vote against this bill today. sources to solve its own problems. (Mr. HENSARLING asked and was f Folks, we have got to make sure that everybody’s ideas make it into this given permission to address the House THE AMERICAN PEOPLE EXPECT bill. This bill does not provide for that. for 1 minute and to revise and extend BIPARTISANSHIP It’s not acceptable to the American his remarks.) (Mr. DENT asked and was given per- people. We should not have this going Mr. HENSARLING. Mr. Speaker, mission to address the House for 1 forward. since the Democrats took control of the House, prices at the pump have in- minute and to revise and extend his re- f marks.) creased 75 percent, I would say to my Mr. DENT. Mr. Speaker, the Amer- NO-ENERGY SOLUTION friend from New York. Their response, ican people believe that Washington, (Mr. HERGER asked and was given take a 6-week vacation while the DC, is broken. And this process and permission to address the House for 1 American people suffer. this legislation that we are considering minute and to revise and extend his re- Then they come back and, in the today is proof positive of why Wash- marks.) dead of night, present us with a 240- ington and this Congress is broken. Mr. HERGER. Mr. Speaker, Demo- page nonenergy bill, no amendments, The American people expect some bi- crats are wasting more time on a no- no substitutes, no committee hearings. partisanship on this energy issue. My energy solution for our energy crisis. Is this democracy? No. Is there any dif- colleague, JOHN PETERSON of Pennsyl- This bill says ‘‘no’’ to actually increas- ference in NANCY PELOSI’s America and vania, just discussed a bipartisan pro- ing American-made energy and reliev- Hugo Chavez’s Venezuela? I think not. posal. NEIL ABERCROMBIE of Hawaii, a ing energy costs for the American peo- This is a sham. This is a fraud. This Democrat, and JOHN PETERSON of Penn- ple. No new refineries, no provisions to is a bill designed to ensure Democrats’ sylvania have put together a good bi- cut redtape and increase American re- reelection, not designed to ensure af- partisan compromise that we should be fining capacity of American-made en- fordable energy in America. considering as part of this discussion ergy. No lawsuit reform to prevent No new refineries in their bill, no today. It will advance American energy frivolous lawsuits from radical envi- clean coal, no ANWR, no nuclear and, and American energy jobs. ronmental groups intent on playing po- if you read it, no Outer Continental The bill we’re dealing with today litical games. Shelf; 85 percent still off limits. says no nuclear, no clean coal—and I’m The only thing they’re saying ‘‘yes’’ Democrats look at our oil and gas re- from Pennsylvania; we care about that. to is an $85 billion tax increase. It serves and say these are toxic waste re- And there’s really no oil and gas. That would include unfair penalties for serves. Republicans look at our oil and really limits our options as a nation. States that simply can’t adjust to fed- gas reserves and say valuable natural We want to create American energy erally mandated one-size-fits-all re- resources to ease the pain at the pump. jobs, and we want to use the revenues newable electricity standards. Mr. Speaker, we need American en- to transition to alternative and renew- America deserves an all-of-the-above ergy made in America for Americans. able energy as well as conserve and re- energy solution. I strongly urge my We don’t need a sham political bill. alize efficiencies. colleagues to vote down this bill. f The American people expect better. f WE NEED ENERGY INDEPENDENCE They expect bipartisanship. And what REPUBLICANS GOT AMERICA INTO we are considering here today, unfortu- (Mr. TIM MURPHY of Pennsylvania THIS MESS nately, does not meet that test. asked and was given permission to ad- f (Mr. WEINER asked and was given dress the House for 1 minute.) permission to address the House for 1 Mr. TIM MURPHY of Pennsylvania. THIS BILL WILL NOT SOLVE THE minute.) Mr. Speaker, America is threatened by ENERGY PROBLEM Mr. WEINER. Mr. Speaker, my col- four securities: Family security which (Mr. WITTMAN of Virginia asked and leagues on the other side have finally finds itself hurting to pay for gasoline, was given permission to address the found the forum perfectly equipped for food and heating costs; job security House for 1 minute and to revise and their ideas: one 60-second burst at a which sees our jobs going overseas, not extend his remarks.) time filled with rhetoric and no new only for manufacturing, but where Mr. WITTMAN of Virginia. Mr. ideas. This is the perfect forum for the other countries are drilling for oil, we Speaker, today we have before us an Republicans in Congress now. can only sit back and watch; economic energy bill, an energy bill that was pre- We know that because when they security, when we see our trade deficit sented to us at 9:45 last night, 260 pages controlled Congress, they passed their improving in every area except for en- long, and very little time to digest own energy bill, signed into law by the ergy, when we see OPEC spending so

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K16SE7.033 H16SEPT1 jbell on PROD1PC69 with HOUSE September 16, 2008 CONGRESSIONAL RECORD — HOUSE H8149 much money to buy our national debt strongest Nation, the greatest Nation tion has stopped 68 million acres from and $700 billion of our money goes over- in the world is 70 percent reliant on being drilled, and now once we find seas every year; and our national secu- foreign oil. that out, we find out that’s their ace in rity, when we see what other countries Now, the good news is that there are the hole to keep this bill from pro- do with oil dollars, Iran buying mis- wonderful and incredible alternatives ducing anything. siles, building nuclear weapons, Ven- and opportunities to create American People want hope. People need gaso- ezuela sending terrorists to attack Co- energy for Americans. The problem is line. They need diesel. They don’t need lombia, the Saudis paying off al Qaeda, that this Democrat bill today will not, a joke that is turned into a mean, and Russians attacking Georgia, will not allow any new supply. mean, hurtful bill. threatening Ukraine and Poland. The reason the American people are f We have to have energy independ- so disgusted with Congress is because THE REPUBLICANS DON’T WANT ence, and the means to energy inde- of this style of leadership: closed, un- TO FIX THE ENERGY PROBLEM pendence is to drill for our oil and use fair, un-American. This is most frus- that money to fund vast conservation trating and concerning to the Amer- (Mr. OLVER asked and was given efforts and innovative fuels so we can ican people because they know that permission to address the House for 1 get off of oil. We have got oil to do there are positive alternatives. minute.) Mr. OLVER. Mr. Speaker, our Repub- that, and the oil is off of our Outer Madam Speaker, fulfill your duty. lican colleagues are saying that H.R. Continental Shelf and out in Colorado Allow a vote on the American energy 6899, the Comprehensive Energy Policy in the shale oil and out in the Arctic bill. Honor your oath. Act that this House will debate and shores, and we can’t get to it if we put f pass later today, is a sham. a lock on it and turn the key and throw COMPREHENSIVE ENERGY ACT Let me remind them, H.R. 6899 conaway the key. (Mr. PERLMUTTER asked and was tains essentially the same drilling lan- We need energy independence, and guage they demanded a vote on in June given permission to address the House this is a means towards the end. and July. Yet, they will vote against it for 1 minute.) f today just as they did in June and July Mr. PERLMUTTER. Mr. Speaker, it’s when they voted against requiring THE SOLUTIONS TO ENERGY INDE- great to be here this morning to talk in drilling in the already leased National PENDENCE ARE THERE AND favor of a Comprehensive Energy Act Petroleum Reserve in Alaska, against AVAILABLE TODAY that we’re going to bring up on the cracking down on speculation, and (Mr. HALL of New York asked and floor today. against releasing a small portion of the was given permission to address the My friends on the other side have Strategic Petroleum Reserve. House for 1 minute.) been complaining for weeks that we The truth is, they don’t want to even Mr. HALL of New York. Mr. Speaker, don’t have a comprehensive energy bill. begin to fix the problem. They only I agree that we need energy independ- We’ve passed bill after bill really de- want to distract public attention from ence. All Americans agree that we need signed to focus on new ways to power eight disastrous years of the Bush ad- energy independence. There used to be America. We can’t be hooked on just ministration. bipartisanship on this issue. In fact, it one commodity anymore. We’re hooked A failing economy, a failing foreign was the first President Bush who pro- on oil. We are beholden to eight coun- policy, a clearly failed energy policy, posed an executive order banning drill- tries, most of which don’t like us, and and no new ideas. ing on the Outer Continental Shelf. five oil companies. So we’re always f We’ve had eight budgets sent here by sort of at risk, and we’ve seen that this President George W. Bush, who’s his year with the price going straight up. THE WORKING CLASS ARE GET- son. Every one of them, including this So we’ve got a bill that talks about TING STIFFED BY THE DEMO- February when we got the budget for energy efficiency, renewable energy, CRAT ENERGY BILL fiscal 2009, included language banning and incorporates domestic drilling all (Ms. GINNY BROWN-WAITE of Flor- drilling on the Outer Continental over the place, quite frankly, coal, a ida asked and was given permission to Shelf. whole variety of things. address the House for 1 minute and to Somebody got a poll this last spring, It’s going to take our coming across revise and extend her remarks.) and the prices went up because they’re the board with new policies with re- Ms. GINNY BROWN-WAITE of Flor- being manipulated by oil companies spect to energy to break our depend- ida. Mr. Speaker, back in the Fifth and OPEC, and we wind up with a situ- ence on foreign oil. That’s what this Congressional District in Florida, I tell ation where it becomes a campaign bill does. people I came from a dysfunctional issue that was made into a partisan And I always say, is it any wonder family. My father was a Democrat. My issue by, I believe, the party that had with two oilmen in the White House mother was a Republican. But let me originally supported these things, that the price of oil went straight tell you, my father was a Democrat be- whose President sent us eight budgets through the roof? cause he thought that the Democrat with banning the Outer Continental f Party was for the working class. Shelf language. Ladies and gentlemen in this Cham- PEOPLE NEED HELP IN AMERICA So I would just say calm down. We ber, the working class are getting are working on a genuine, all-of-the- (Mr. GOHMERT asked and was given stiffed by this bill. It’s interesting be- above, bipartisan—we hope it will be a permission to address the House for 1 cause since the Democrats took control bipartisan bill. It’s up to my colleagues minute.) of both the Houses, gasoline has gone and my friends on the other side of the Mr. GOHMERT. Mr. Speaker, I just up over $1 a gallon. Now you know aisle, but the solutions are there. came back from a weekend of being what that means? That means that the They’re available today. The renew- with my constituents that were hit by working class and the middle class are ables are in front of us, and they hire a hurricane. They don’t care about Re- really getting hurt. more people than fossil fuels. publican or Democrat, and they cannot The bill that we have before us today f find a generator that’s a hybrid gener- is not one that’s going to produce any ator. They need help. kind of energy. Let me tell you why. ALLOW A VOTE ON THE AMERICAN And when I went and was dealing First of all, lawsuits will stop any ENERGY BILL with sheriffs that were trying to get drilling. There’s no consolidation or (Mr. PRICE of Georgia asked and was help for their people in the middle of method to consolidate any lawsuits given permission to address the House the night, one of them said, You know that may be brought by numerous en- for 1 minute.) I’m a Democrat. I said, You know I vironmental groups. Certainly, we Mr. PRICE of Georgia. Mr. Speaker, don’t care. want to protect the environment, but the most pressing, the most urgent People need help in America, and this you know what, this bill does not issue facing the American people today bill that’s been put on the floor will produce one ounce of any kind of petro- is energy policy, gas prices. Yet the provide none of the above. The litiga- leum product.

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K16SE7.035 H16SEPT1 jbell on PROD1PC69 with HOUSE H8150 CONGRESSIONAL RECORD — HOUSE September 16, 2008 Also, I come from a State that could And on her Web site, she says a bill world markets. It won’t move the price be producing, but there’s no revenue- should generally come to the floor of gas one cent because it provides no sharing. So no legislature or no Gov- under procedures that allow full and incentives for States who increase pro- ernor will ever vote to allow any kind open debate. Members should have 24 duction offshore. of drilling off their shore. hours to examine bills and conference Unlike the Comprehensive American f reports before they come to the floor. Energy Act, the bill we are voting on But she’s not doing it. today does not address oil shale pro- THE REPUBLICANS ARE POLITI- f duction, lawsuit reform, streamlining CIZING THE HEARTBREAK OF the nuclear energy process, coal-to-liq- AMERICA b 1145 uid technology, increase refinery ca- (Mr. SALAZAR asked and was given ANNOUNCEMENT BY THE SPEAKER pacity, and opening ANWR. However, permission to address the House for 1 PRO TEMPORE the bill does include a drawdown over minute.) The SPEAKER pro tempore. The Strategic Petroleum Reserves, a fraud- Mr. SALAZAR. Mr. Speaker, frankly, Chair will remind the Members to ob- ulent use-it-or-lose-it legislation, and today I’m totally surprised that the serve proper decorum and please heed an extremely costly renewable energy other side is politicizing the heart- the gavel. mandate. Maybe this majority ought to break of America. The other side has go back to suing OPEC to produce actually raised fuel prices. We have an f more oil because under this bill, that oilman in the White House. What we GRAND OLD OIL PARTY HAS A reliance is still there. need now is common energy policy, ex- CASE OF AMNESIA f panding our renewable energy policy, (Mr. DEFAZIO asked and was given ENERGY BILL IS A COMPROMISE and making sure that we address clean permission to address the House for 1 (Mr. RAHALL asked and was given coal burning technology. minute.) permission to address the House for 1 Who was it that withdrew the Mr. DEFAZIO. Well, the Grand Old minute and to revise and extend his re- FutureGen project off the table? It was Oil Party has a case of collective am- President Bush that did this. marks.) nesia. They would hope that the Amer- Mr. RAHALL. Mr. Speaker, Members Ladies and gentlemen, let’s make ican people will share in their amnesia. sure that America listens to what of the House, the American people The American people should forget want us to solve the energy problems Americans are talking about: high en- that for 6 years they controlled every- ergy prices; they’re losing their jobs. facing our country in a bipartisan way. thing, the House, the White House and They’re looking to the Congress for an- Today, this bill expands domestic the Congress. And for 6 years they la- drilling opportunities, not only off- swers, but they realize that the Con- bored and they brought forth the Bush- gress cannot provide the only answers. shore but also on the land. Cheney energy policy. I voted against No less than T. Boone Pickens has f it, as did most Democrats. We said it said that we cannot drill our way out THE SPEAKER HOLDS THE KEY IN would make us even more dependent of this mess. The plan that we bring to HER HAND TO UNLOCK THE PO- upon Saudi Arabia—one of the Presi- the floor today is a comprehensive en- TENTIAL OF AMERICA dent’s best friends here, the King of ergy plan that does do all of the above. Saudi Arabia—and it has. It has (Mr. SULLIVAN asked and was given It’s a compromise between the drill no- worked exactly as they designed. where crowd and the drill everywhere permission to address the House for 1 Now they’re born again into caring crowd. And let’s face it, there are some minute.) about other forms of energy and energy on the minority side in this body that Mr. SULLIVAN. Mr. Speaker, when I independence and American con- would drill everywhere and they’re not was coming to the House after the Au- sumers. It’s just a smoke screen to going to settle for anything less, in- gust vacation, where we did nothing on cover for their continued addiction to cluding under the National Mall if they energy policy, I was walking through the contributions of the oil industry could. They would want to drill every the airport, and many people were pat- and to fighting for the oil industry to inch of this land, and that is not a re- ting me on the back, said get down continue that addiction. sponsible way. there, get that energy bill done, it’s We’re bringing forward a bill to Our plan provides for reliance upon hurting us, we need something done. break that dependence, to break the domestically produced energy sources, And they said they couldn’t believe enslavement to OPEC, and to move all of the above. It requires oil compa- that the Speaker, NANCY PELOSI from this country toward true energy inde- nies to be responsible and transparent San Francisco, would not allow us a pendence on domestic resources and in the collection of royalties. It pro- vote on this. One guy said, I can’t be- new technologies and jobs. I don’t vides for a new ethics code for the peo- lieve she’s that powerful that she is think anybody believes that they real- ple at the Minerals Management Serv- single-handedly holding this up when ly care about the American consumers. ice to operate under so that the Amer- the majority of the American people f ican taxpayer can receive a fair return want to see this done and done now and for the disposition of their resources. DEMOCRAT ENERGY BILL WILL BE get a comprehensive, all-of-the-above These are public resources deserving RECEIVED WITH A THUD ON strategy. public accountability. She does have that power, and she’s WORLD MARKETS f exercising her power. She has the key. (Mr. RADANOVICH asked and was She holds the key in her hand to given permission to address the House NO COAL IN DEMOCRAT ENERGY unlock the potential of America, to for 1 minute.) BILL unlock oil and gas reserves in this Mr. RADANOVICH. When President (Mr. SHIMKUS asked and was given country that would last for 160 years Bush lifted the Presidential morato- permission to address the House for 1 that we can get right here in our own rium on offshore oil drilling, the price minute and to revise and extend his re- backyard. And while we’re doing that, of oil dropped $12 a barrel immediately marks.) we can develop technologies like wind, and has been falling ever since. Mr. SHIMKUS. Mr. Speaker, my coal solar, nuclear, hydro, biomass, all I have said many times over the sum- Democrats, who have promised me that other technologies in an environ- mer that if Congress passes an energy they would take one vote in this Con- mentally sound way, and we need to do bill that increases production of do- gress to advance coal, and we have not it now. mestic energy, the markets will react seen it. And my colleagues will want to Instead, we’re getting a bill that’s immediately with lower prices. This is attack the oil, but the best way to get full of tax increases and drilling less in the litmus test that Congress will be off of imported crude oil is to use coal. America, and this is the biggest hoax delivering what the American people There is nothing in the Democrat bill perpetrated on the American people want. that advances coal use; nothing, zero— that I’ve seen since I’ve been in Con- The Democrat energy bill will be reno oil shale, no coal, no oil sands, noth- gress. ceived with a resounding thud on the ing. It’s not a comprehensive plan.

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K16SE7.037 H16SEPT1 jbell on PROD1PC69 with HOUSE September 16, 2008 CONGRESSIONAL RECORD — HOUSE H8151 We can turn coal into liquid fuel. gives the illusion of opening up our Cazayoux Hirono Murphy (CT) Chabot Hobson Murphy, Patrick That’s what our Department of Defense coast to drilling, but really continues Chandler Hodes Murphy, Tim wants. We can turn coal into clean to keep those areas closed, with no op- Childers Hoekstra Murtha burning electricity. That’s what the portunity to debate it. Clarke Holden Musgrave environmentalists want. But is there Last May, I authored a 12-point gas Clay Holt Myrick Cleaver Honda Nadler anything for coal in this bill? No. relief plan that incorporates more do- Clyburn Hooley Napolitano If you vote for this Democrat bill, mestic production of oil, conservation, Coble Hoyer Neal (MA) you are voting against coal. It’s our and new fuel and vehicle technologies. Cohen Hulshof Nunes largest resource that we have in this Until these technologies come online, Cole (OK) Hunter Oberstar Conaway Inglis (SC) Obey country. We are the Saudi Arabia of we have to increase our supply of oil to Conyers Inslee Olver coal. We do not use it fully, you all give us the relief that we need, to give Cooper Israel Ortiz know it. Speaker PELOSI hates coal, us the time that we need. Costa Issa Pallone hates it, and that’s why it’s not in this We have enough oil now in order to Costello Jackson (IL) Pascrell Courtney Jefferson Pastor bill. fuel 60 million cars for 60 years. Does Cramer Johnson (GA) Payne f that mean that we use it all up? Of Crenshaw Johnson, E. B. Pearce course we don’t. We simply need this as Crowley Jones (NC) Pence COAL IS PART OF THE ENERGY an opportunity for breathing time Cuellar Jordan Perlmutter SOLUTION Cummings Kagen Peterson (MN) until we can develop these new tech- Davis (AL) Kanjorski Pickering (Mrs. CAPITO asked and was given nologies. Davis (CA) Kaptur Platts permission to address the House for 1 The time had come to put partisan- Davis (IL) Keller Pomeroy minute and to revise and extend her re- Davis (KY) Kennedy Porter ship aside and solve this issue on behalf Davis, David Kildee Price (GA) marks.) of the American people. Davis, Lincoln Kilpatrick Price (NC) Mrs. CAPITO. Mr. Speaker, I rep- Davis, Tom Kind Putnam resent an energy State, West Virginia. f Deal (GA) King (IA) Radanovich We give every day. We have abundant DeFazio King (NY) Rahall PERMISSION FOR MEMBERS TO DeGette Kingston Ramstad resources of coal and natural gas. We ADDRESS THE HOUSE FOR 1 DeLauro Kirk Rangel understand energy. MINUTE Dent Klein (FL) Regula Coal is one of our Nation’s most Diaz-Balart, L. Kline (MN) Rehberg abundant resources, and any truly Mr. PENCE. Mr. Speaker, I ask unan- Diaz-Balart, M. Knollenberg Reichert imous consent that every Member who Dicks Kucinich Reyes comprehensive energy policy must in- Doggett Kuhl (NY) Reynolds clude coal. This bill does not. It is not has not spoken be allowed to address Donnelly LaHood Richardson all-of-the-above. the House for 1 minute. Doyle Lamborn Rodriguez We have more coal under our feet The SPEAKER pro tempore. Recogni- Drake Langevin Rogers (AL) tion for requests to address the House Duncan Larsen (WA) Rogers (KY) than the Middle East has oil. I’ve spon- Edwards (MD) Larson (CT) Rogers (MI) sored legislation, coal-to-liquid. It for 1 minute rests in the discretion of Edwards (TX) Latham Rohrabacher holds great promise for helping us to- the Chair. The gentleman’s request on Ellison LaTourette Ros-Lehtinen wards our energy independence, but behalf of others will not be enter- Ellsworth Latta Roskam tained. Emanuel Lee Ross such investment received lip service Emerson Levin Rothman from the leadership of this Congress. In f Engel Lewis (CA) Roybal-Allard fact, the disdain for coal among con- Eshoo Lewis (GA) Royce MOTION TO ADJOURN Etheridge Lewis (KY) Ruppersberger gressional leadership is well known Everett Lipinski Rush across this Nation. Mr. PENCE. Mr. Speaker, I move Fallin LoBiondo Ryan (OH) It’s time we stood up and had a vote that the House do now adjourn. Farr Loebsack Ryan (WI) on a real bipartisan energy bill that in- Fattah Lofgren, Zoe Salazar The SPEAKER pro tempore. The Feeney Lowey Sali cludes coal as part of the solution. question is on the motion to adjourn. Ferguson Lucas Sa´ nchez, Linda You know what? The American pub- The question was taken; and the Filner Lungren, Daniel T. lic is frustrated. They’re tired of this Flake E. Sanchez, Loretta Speaker pro tempore announced that Forbes Lynch Sarbanes bickering. They want us to work as Re- the noes appeared to have it. Fortenberry Mack Saxton publicans and Democrats in a bipar- Mr. PENCE. Mr. Speaker, on that I Fossella Maloney (NY) Scalise tisan way to solve this issue. We need demand the yeas and nays. Foster Manzullo Schakowsky an energy plan that works for the Foxx Marchant Schiff The yeas and nays were ordered. Frank (MA) Markey Schmidt American people. We also need an en- The vote was taken by electronic de- Franks (AZ) Marshall Schwartz ergy plan that’s actually going to get vice, and there were—yeas 11, nays 393, Frelinghuysen Matheson Scott (GA) signed into law. This one doesn’t have Gallegly Matsui Scott (VA) not voting 29, as follows: Garrett (NJ) McCarthy (CA) Sensenbrenner a bit of hope. [Roll No. 592] Gerlach McCarthy (NY) Serrano f YEAS—11 Giffords McCollum (MN) Sestak Gilchrest McCotter Shadegg WE MUST SOLVE THIS ENERGY Bartlett (MD) English (PA) Petri Gillibrand McCrery Shays CRISIS Cannon Gingrey Sessions Gohmert McDermott Shea-Porter Carter Johnson, Sam Shimkus Gonzalez McGovern Sherman (Mr. MANZULLO asked and was Doolittle Linder Goode McHenry Shuler Goodlatte McHugh Shuster given permission to address the House NAYS—393 for 1 minute.) Gordon McIntyre Simpson Abercrombie Bilbray Brown, Corrine Granger McKeon Sires Mr. MANZULLO. Mr. Speaker, Amer- Ackerman Bilirakis Brown-Waite, Graves McMorris Skelton ica faces an energy crisis that threat- Akin Bishop (GA) Ginny Green, Al Rodgers Slaughter ens the livelihood of the people we rep- Alexander Bishop (NY) Buchanan Green, Gene McNerney Smith (NE) Allen Bishop (UT) Burgess Grijalva McNulty Smith (NJ) resent. Every day they get up to go to Altmire Blackburn Burton (IN) Gutierrez Meek (FL) Smith (WA) work, many people wonder whether or Andrews Blumenauer Butterfield Hall (NY) Meeks (NY) Snyder not they can afford the gas for their Arcuri Blunt Buyer Hall (TX) Melancon Solis tanks. And to compound it, the high Baca Boehner Calvert Hare Mica Souder Bachmann Bonner Camp (MI) Harman Michaud Space cost of energy is destroying manufac- Bachus Bono Mack Campbell (CA) Hastings (FL) Miller (FL) Speier turing jobs in our country. My largest Baird Boozman Cantor Hastings (WA) Miller (MI) Spratt city is at 11 percent unemployment. Baldwin Boren Capito Hayes Miller (NC) Stark Barrow Boswell Capps Heller Miller, Gary Stearns Many manufacturing facilities have Barton (TX) Boustany Capuano Hensarling Miller, George Stupak been hit because of the high cost of en- Bean Boyd (FL) Cardoza Herger Mitchell Sullivan ergy; they simply cannot compete. Becerra Boyda (KS) Carnahan Herseth Sandlin Mollohan Tancredo Today, we debate an energy bill that Berkley Brady (PA) Carney Higgins Moore (KS) Tanner Berman Braley (IA) Carson Hill Moore (WI) Tauscher further compounds the problem. Last Berry Broun (GA) Castle Hinchey Moran (KS) Taylor night, the Democrats filed a bill that Biggert Brown (SC) Castor Hinojosa Moran (VA) Terry

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\K16SE7.038 H16SEPT1 jbell on PROD1PC69 with HOUSE H8152 CONGRESSIONAL RECORD — HOUSE September 16, 2008 Thompson (CA) Walden (OR) Wexler POINT OF ORDER Furthermore, Mr. Speaker, this ear- Thompson (MS) Walsh (NY) Whitfield (KY) Mr. CANTOR. Mr. Speaker, I make a mark produces no energy for American Thornberry Walz (MN) Wilson (NM) Tiahrt Wamp Wilson (OH) point of order against consideration of families, and the way that the major- Tiberi Wasserman Wilson (SC) the resolution because it is in violation ity plans to pay for this earmark is by Tierney Schultz Wittman (VA) of section 426(a) of the Congressional raising taxes on job creation as well as Towns Waters Wolf Budget Act. The resolution provides energy production. Tsongas Watson Woolsey Turner Watt that all points of order against consid- Wu Mr. Speaker, we are going to hear a Udall (NM) Weiner Yarmuth eration of the bill are waived except lot today during the debate about rev- Upton Weldon (FL) Young (AK) those arising under clause 9 and 10 of Van Hollen Weller enue sharing and the fact that many Visclosky Westmoreland Young (FL) rule XXI. This waiver of all points of coastal States, including my State of NOT VOTING—29 order includes a waiver of section 425 of Virginia, will not be able to share in the Congressional Budget Act, which any of the revenues resulting from en- Aderholt Jackson-Lee Poe Barrett (SC) (TX) Pryce (OH) causes the resolution to be in violation ergy exploration off our coast. In light Boucher Johnson (IL) Renzi of section 426(a). of this, in light of the fact that there is Brady (TX) Lampson Smith (TX) The SPEAKER pro tempore. The gen- no incentive whatsoever to produce en- Cubin Mahoney (FL) Sutton tleman from Virginia makes a point of Culberson McCaul (TX) Udall (CO) ergy in this bill, in light of that, when Delahunt Neugebauer Vela´ zquez order that the resolution violates sec- we see that the majority is channeling Dingell Paul Walberg tion 426(a) of the Congressional Budget $1.2 billion to New York City for an Dreier Peterson (PA) Waxman Act of 1974. earmark for a project that only bene- Ehlers Pitts Welch (VT) The gentleman has met the threshold fits that locality, I think that we un- b 1222 burden to identify the specific lan- derstand now what the intent of the Messrs. DONNELLY, TIERNEY, guage in the resolution on which the majority is in bringing the bill to the BISHOP of New York, CLEAVER, point of order is predicated. Such a floor in this form. SHADEGG, CLYBURN, CARSON of In- point of order is disposed of by the There is zero relationship between indiana, PAYNE and DAVIS of Illinois question of consideration. creasing American energy production and Mrs. MUSGRAVE, Mrs. The gentleman from Virginia (Mr. and this earmark, Mr. Speaker, which MCMORRIS RODGERS and Ms. CANTOR) and the gentlewoman from again underlies my objection and is one SCHAKOWSKY changed their vote New York (Ms. SLAUGHTER) each will of the reasons why I raise this point of from ‘‘yea’’ to ‘‘nay.’’ control 10 minutes of debate on the order. So the motion to adjourn was re- question of consideration. Mr. Speaker, I reserve the balance of jected. After that debate, the Chair will put my time. The result of the vote was announced the question of consideration, to wit: Ms. SLAUGHTER. Mr. Speaker, I as above recorded. Will the House now consider the resolu- yield myself such time as I may con- f tion? sume. The Chair recognizes the gentleman PROVIDING FOR CONSIDERATION Mr. Speaker, the point of order is from Virginia. about whether to consider the rule and OF H.R. 6899, COMPREHENSIVE Mr. CANTOR. Mr. Speaker, last AMERICAN ENERGY SECURITY ultimately the Comprehensive Amer- night, the Committee on Ways and ican Energy Security and Consumer AND CONSUMER PROTECTION Means certified that the underlying ACT Protection Act. In fact, I would say legislation contained no earmarks, and this is simply an effort to kill the bill. Ms. SLAUGHTER. Mr. Speaker, by under the rules there is no other way In the midst of the energy crisis, the direction of the Committee on Rules, I to challenge that certification, which bill takes important steps towards in- call up House Resolution 1433 and ask is one of the reasons why I stand before creasing domestic energy production, for its immediate consideration. you today. encouraging the development of alter- The Clerk read the resolution, as fol- Provisions in H.R. 6899 calling for the native fuels and cutting down on the lows: restructuring of the New York Liberty corruption between the Bush adminis- H. RES. 1433 Bonds is clearly an earmark. This ear- tration regulators and the oil industry. Resolved, That upon the adoption of this mark is worth $1.2 billion and stands to resolution it shall be in order to consider in By expanding access to offshore oil benefit one entity, which is New York reserves, the bill encourages oil explo- the House the bill (H.R. 6899) to advance the City. national security interests of the United ration and could lead to increased do- States by reducing its dependency on oil I have a letter, Mr. Speaker, dated mestic energy production. through renewable and clean, alternative October 30, 2007, from the chief of staff By releasing oil from the Strategic fuel technologies while building a bridge to of the Joint Committee on Taxation in Petroleum Reserve, the bill will lead the future through expanded access to Fed- which he determines that the New quickly to reducing prices at the pump. eral oil and natural gas resources, revising York Liberty Zone tax incentives is a In light of an Inspector General re- the relationship between the oil and gas in- limited tax benefit and therefore an dustry and the consumers who own those report showing that Minerals Manage- earmark. Furthermore, Mr. Speaker, ment Service employees were accept- sources and deserve a fair return from the according to House rule XXI, clause 9, development of publicly owned oil and gas, ing gifts from the oil companies they ending tax subsidies for large oil and gas and the Honest Leadership and Open regulate, engaging in unethical sexual companies, and facilitating energy effi- Government Act of 2007, this earmark and drug conduct, this bill would sub- ciencies in the building, housing, and trans- should have been disclosed along with ject the MMS employees to higher eth- portation sectors, and for other purposes. All the Member that requested the same. ical standards and make it a Federal points of order against consideration of the From all reports, Mr. Speaker, in- offense for oil companies to provide bill are waived except those arising under stead of going through the proper pro- gifts for MMS employees. clause 9 or 10 of rule XXI. The bill shall be cedure, disclosing that this was going considered as read. All points of order to be included in the bill, this provision against provisions of the bill are waived. The b 1230 previous question shall be considered as or- was air-dropped into the bill over the dered on the bill to final passage without in- weekend at the last minute without By promoting energy efficiency and tervening motion except: (1) three hours of any ability for any of the Members to conservation in buildings, through up- debate equally divided and controlled by the know that this was in the bill. dated building codes and incentives for chairman and ranking minority member of Reports say that it is the chairman energy-efficient construction, this bill the Committee on Natural Resources; and (2) of the Ways and Means Committee, will lead to reduced energy use and one motion to recommit. Representative RANGEL, that has re- lower utility bills. At the same time, SEC. 2. During consideration of H.R. 6899 quested this earmark. Yet how are we by providing more funding for home pursuant to this resolution, notwithstanding the operation of the previous question, the to know whether Chairman RANGEL is heating assistance, we ensure that sen- Chair may postpone further consideration of the sponsor of this earmark, since iors and other vulnerable populations the bill to such time as may be designated by there has been no transparency and no will not have to choose between food the Speaker. notification as required under the rule? and heating oil.

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\A16SE7.005 H16SEPT1 jbell on PROD1PC69 with HOUSE September 16, 2008 CONGRESSIONAL RECORD — HOUSE H8153 By providing incentives and support our desire to solve the problem of New York City is under tremendous du- for development and deployment of do- American energy production, this ear- ress. Don’t add to that. Don’t add to mestic alternative energy tech- mark has no place in the bill. that today by bringing up this type of nologies, the bill will promote energy Mr. Speaker, I reserve the balance of tactic to limit the ability of New York security for the United States. Under my time. City to rebuild itself. this bill, power companies would be re- Ms. SLAUGHTER. Mr. Speaker, may Mr. CANTOR. Mr. Speaker, I would quired to generate 15 percent of their I inquire how much time I have left? like to insert the letter I quoted from electricity from renewable sources by The SPEAKER pro tempore. The gen- in the RECORD. 2020, reducing air pollution from power tlewoman has 7 minutes. MEMORANDUM plants and helping to address the Ms. SLAUGHTER. Mr. Speaker, I To: Bill Dauster, Deputy Chief of Staff, Sen- threat of climate change. would like to yield 3 minutes to the ate Finance Committee. As Americans use more public trans- gentleman from New York (Mr. CROW- From: Ed Kleinbard. portation in the face of high gas prices, LEY). Date: October 30, 2007. this bill will help transit agencies deal Mr. CROWLEY. I thank the Subject: Application Senate Rule XLIV (re- with added costs and increased rider- gentlelady from New York for yielding lating to limited tax benefits) to sec. 301 ship by providing $1.7 billion in grants. me this time. of the American Infrastructure Invest- Mr. Speaker, I have often wondered ment Improvement Act of 2007 (as passed At a time of record-breaking oil com- by the Senate Finance Committee on pany profits, the bill will require the what the capacity for remembering my September 21, 2007). colleagues on the other side of the aisle oil companies to pay their fair share by Request repealing tax subsidies that they cer- have. Apparently, it extends no further than 7 years and 5 days. Seven years You have requested that the staff of the tainly don’t need, and by closing a roy- Joint Committee on Taxation analyze the alty loophole in lease agreements from and 5 days ago, my city, the City of application of Senate Rule XLIV’s limited 1998 and 1999. New York, was attacked on 9/11. Have tax benefit provision to section 301 of the In short, the bill is a much-needed you forgotten that? American Infrastructure Investment and Im- compromise approach to a widespread For the purposes of your point of provement Act of 2007 (‘‘Section 301’’), as crisis facing our country. This is sim- order in opposition to this bill coming passed by the Senate Finance Committee ply a case today whether we support, to the floor, it’s the lack of someone (relating to the restructuring of New York with our votes, the oil companies or taking responsibility for the $1.2 bil- Liberty Zone tax incentives). I offer this lion that you call an earmark. It’s analysis at your request to assist Chairman the consumers and the citizens of the Baucus in making his determination of this United States. Crowley, C-r-o-w-l-e-y. It’s the U.S. issue, as contemplated by Rule XLIV. Congress that did this 7 years ago, I urge my colleagues to vote ‘‘yes’’ to Senate Rule XLIV consider the rule and reserve the bal- after our country was attacked on 9/11, 7 years and 5 days ago. Section 521 of the Honest Leadership and ance of my time. Open Government Act of 2007 (the ‘‘HLOGA’’) Mr. CANTOR. Mr. Speaker, I would I, 5 days ago, stood out on the steps provides for ‘‘earmark’’ reform. Specifically, say in all respect to my colleague from of the Capitol and sang ‘‘God Bless HLOGA adds a new Rule XLIV to the Stand- New York, I still don’t understand how America’’ with both my colleagues ing Rules of the Senate. Under this rule, ‘‘it the insertion of this earmark, this in- from the Republican side of the aisle shall not be in order to vote on a motion to sertion of $1.2 billion, has anything and this side of the aisle. What we are proceed to consider a bill or joint resolution whatsoever to do with this bill, has doing today is simply fulfilling a prom- reported by any committee unless the chair- anything whatsoever to do with in- ise, a promise. man of the committee of jurisdiction, or ma- creasing American energy production, This is not an earmark. This is al- jority leader or his or her designee certifies: (1) that each congressionally directed spend- which is the purpose of this bill, which ready law. We are adapting it, we are ing item, limited tax benefit, and limited is the majority’s stated purpose, that changing it so New York can use the tariff benefit, if any, in the bill or joint reso- we want to increase American energy money. But I need to remind my col- lution, or the committee report accom- production. leagues on this side of the aisle, there panying the bill or joint resolution, has been But, instead, what the gentlelady is still a 161⁄2 or 17-acre hole in lower identified through lists, charts, or other talks about, again, is not at all respon- Manhattan. We need to do all we can to similar means including the name of each sive to what it was that I was raising. help rebuild that, rebuild the economy senator who submitted the request to the We don’t have to have a vote on this of New York. committee; and (2) that the information in I daresay my colleagues from New clause (1) has been available on a publicly issue if the gentlelady would accept accessible congressional website in a search- unanimous consent to remove the ear- York on the other side of the aisle, able format at least 48 hours before such mark from the bill to go forward. they are opposed to this point of order. vote’’. Failure to satisfy this requirement Again, why are we having this ear- They will oppose your position on this makes a bill or joint resolution subject to a mark, this $1.2 billion earmark? This is point of order, because they know this point of order until these requirements are exactly what the American public is so is not an earmark. satisfied under the rule. upset with Congress about, the fact They know this is going to help re- For purposes of the rule, the following defi- that we have a bill that is designed to build New York. It’s a promise that nitions apply. was made by the administration. The A congressionally directed spending item increase American energy production ‘‘means a provision or report language in- to help us try and wean off of the in- President does not call it an earmark. cluded primarily at the request of a Senator credible reliance that we have on for- It is in the President’s budget. providing, authorizing, or recommending a eign oil. Why? The public has to be I would also object to what my specific amount of discretionary budget au- asking why in the world would we be friend, the colleague from Virginia, thority, credit authority, or other spending inserting $1.2 billion in directed funds said about the chief of staff on the authority for a contract, loan, loan guar- to one locality. Why in the world would Joint Tax Committee. Ed Kleinbard, on antee, grant, loan authority, or other ex- we be doing that? May 15 of this year, stated that on the penditure with or to an entity, or targeted to It does not make any sense. The fact issue of limited tax benefits, the an- a specific State, locality, or Congressional district, other than through a statutory or that the Ways and Means Committee swer is that this is a matter wholly administrative formula-driven or competi- has certified that this is not an ear- within the prerogative of the chair- tive award process.’’ mark, to me, flies in the face of the man. He alone decides this issue. A limited tax benefit ‘‘means any revenue open and honest way that the majority Mr. RANGEL does not call it an ear- provision that (A) provides a Federal tax de- has said they would run this House. mark; I don’t call it an earmark. I duction, credit, exclusion, or preference to a Again, I have a letter from the chief daresay, many of your colleagues on particular beneficiary or limited group of of staff from the Committee on Joint your side of the aisle do not call it an beneficiaries under the Internal Revenue Tax which says that the New York City earmark. This is not an earmark. This Code of 1986; and (B) contains eligibility criteria that are not uniform in application Liberty Bonds and the provisions call- is to help New York City rebuild after with respect to potential beneficiaries of ing for their restructuring is an ear- 9/11. such provision.’’ mark. Again, I say to the majority, if With all that’s going on, as we read A limited tariff benefit ‘‘means a provision we are going to be straightforward in in the papers today about the markets, modifying the Harmonized Tariff Schedule of

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K16SE7.044 H16SEPT1 jbell on PROD1PC69 with HOUSE H8154 CONGRESSIONAL RECORD — HOUSE September 16, 2008 the United States in a manner that benefits the tax. For example, in some instances, a City of New York, or any agency or instru- 10 or fewer entities.’’ taxpayer may pass the economic incidence of mentality of the first two. Senate Floor Statement a tax liability or tax benefit to that tax- The credit may be claimed during the 12- year period beginning on January 1, 2008 and A colloquy between Senators Baucus, Dur- payer’s customers or shareholders. The proposed rule would look to the number of tax- is equal to certain amounts expended by the bin, and Grassley provides some guidance re- governmental units on a qualifying project. garding how the new rule will be applied in payers. That number is easier to identify than the number of persons who might bear A qualifying project is any transportation the case of limited tax benefits. In relevant infrastructure project in or connecting with part the colloquy states: the incidence of the tax. In determining the number of beneficiaries the NYLZ that is designated by the Governor For more guidance, we also recommend the of the State of New York and the Mayor of interpretative guidelines developed by the of a tax benefit, we will use rules similar to those used in the prior-law line item veto the City of New York as a qualifying project. staff of the Joint Committee on Taxation in The Governor of the State of New York and response to the prior-law line item veto. legislation. For example, we will treat a related group of corporations as one bene- the Mayor of the City of New York are to al- These guidelines may also be applicable to locate to the New York Liberty Zone govern- the interpretation of the proposed earmark ficiary for these purposes. Without such a rule, a parent corporation could avoid appli- mental units their portion of the qualifying disclosure rules for limited tax benefits in expenditure amount for purposes of claiming this bill. The Joint Committee on Taxation cation of the disclosure rule by simply creating a sufficient number of subsidiary cor- the credit. The provision is effective on the documents are called, first, the ‘‘Draft Anal- date of enactment. ysis of Issues and Procedures for Implemen- porations to avoid classification as a limited Congressionally Directed Spending Item or tation of Provisions Contained in the Line tax benefit under the proposed rule. For example, if a related group of corpora- Limited Tax Benefit Item Veto Act, Public Law 104–130, relating tions—like parent-subsidiary corporations or to Limited Tax Benefits,’’ that’s Joint Com- The threshold question is whether Section brother-sister corporations—owns a football mittee on Taxation document number JCX– 301 should be analyzed as a ‘‘congressionally team, then the related group will be consid- 48–96, and second, the ‘‘Analysis of Provi- directed spending item’’ or as a ‘‘limited tax ered one beneficiary. That treatment is anal- sions Contained in the Line Item Veto Act, benefit,’’ because Rule XLIV treats the two ogous to the team being one entity, not sepa- Public Law 104–130, relating to Limited Tax somewhat differently. It can be argued that rate entities, like the coaching staff, offen- Benefits,’’ that’s Joint Committee on Tax- Section 301 essentially constitutes a ‘‘con- sive unit, defensive unit, specialty unit, and ation document number JCS–1–97. gressionally directed spending item,’’ and practice squad. The proposed rule in this bill would require therefore that the limited tax benefit anal- The time period that we will use for meas- the disclosure of limited tax benefits. It ysis is irrelevant. The reasoning supporting uring the existence of a limited tax benefit would define a limited tax benefit to mean this reading is that in the ordinary course, will be the same time period that is used for any revenue provision that, first, provides a Federal withholdings on employee wages are Budget Act purposes. That is the current fis- Federal tax deduction, credit exclusion, or effectively assets of the U.S. Treasury, and cal year and 10 succeeding fiscal years. Those preference to a particular beneficiary or lim- the tax credit made available by Section 301 are also all the fiscal years for which the ited group of beneficiaries under the Internal may be claimed (and withholdings on wages Joint Committee on Taxation staff regularly therefore retained rather than being trans- Revenue Code of 1986; and second, contains provide a revenue estimate. mitted to the U.S. Treasury) only to the ex- eligibility criteria that are not uniform in For purposes of determining whether eligi- tent that the employer/governmental unit in application with respect to potential bene- bility criteria are uniform in application question incurs expenditures for specifically ficiaries of such provision. with respect to potential beneficiaries of identified projects. The proposed rule would apply in most such a proposal, we will need to determine Section 301 unquestionably has the eco- cases where the number of beneficiaries is 10 the class of potential beneficiaries. In the nomic effect of an appropriation: money oth- or fewer for a particular tax benefit. But the case of a closed class of beneficiaries—for ex- erwise due the U.S. Treasury will, by virtue Finance Committee will not be bound by an ample, all individuals who hit at least 755 ca- of this provision, effectively fund (in light of arbitrary numerical limit such as ‘‘10 or reer home-runs before July 2007—that class the fungibility of money) a specific expendi- fewer.’’ Rather, we will apply the standard is not subject to interpretation, since only ture. Nonetheless, this memorandum pro- appropriately within the unique cir- Henry Aaron satisfies this criteria. If, in- ceeds upon the assumption that Section 301 cumstances of each proposal. For example, if stead, the defined class of beneficiaries is all is a ‘‘tax benefit’’ and not a ‘‘spending item.’’ a proposal gave a tax benefit directed only to individuals who hit at least 755 career home- We believe that this is an area where legal each of the 11 head football coaches in the runs, then we will determine the class of po- form, not economic substance, controls. Ac- Big Ten Conference, we may conclude that tential beneficiaries by assessing the likeli- cordingly, we are of the view that an amend- the rule would nonetheless require disclosure hood that others will join that class over the ment to the Internal Revenue Code that has of this benefit, even though the number of time period for measuring the existence of a an outlay effect is not by virtue of that fact beneficiaries would be more than 10. limited tax benefit. alone a spending item. For example, we be- We will not limit the application of the Whether the eligibility criteria are not lieve that the refundable portions of the proposed rule to proposals that result in a uniform in application with respect to poten- child tax credit and earned income credit reduction in Federal receipts relative to the tial beneficiaries will be a factual determina- should be considered tax benefits for these applicable present-law baseline. We believe tion. To continue with the previous hypo- purposes, notwithstanding the fact that that the proposed rule would have applica- thetical, a proposal that provides a tax ben- these provisions have substantial outlay ef- tion to limited tax benefits that provide a efit to all individuals who hit at least 755 ca- fects. tax cut relative to present law for certain reer home-runs may still not require disclo- Our mode of analysis is dictated by prac- beneficiaries, like, for example, a tax rate re- sure if it is uniform in application. If the tical necessity: virtually every ‘‘tax expendi- duction for certain beneficiaries. But we also same proposal is altered so as to exclude oth- ture’’ could equally well have been imple- believe that the rule would apply to limited erwise eligible career home-run hitters who mented by Congress as an appropriation. We tax benefits that provide a temporary or per- played for the Pittsburgh Pirates at some take comfort as well in the observation made manent tax benefit relative to a tax increase point in their career, then that kind of a lim- in the colloquy quoted above that, for pur- provided in the proposal, like, for example, ited tax benefit would require disclosure poses of Rule XLIV, the ‘‘beneficiary’’ of a exempting a limited group of beneficiaries under the proposed rule. limited tax benefit is determined by looking from an otherwise applicable across-the- Some of the guidelines in the Joint Tax- to the formal imposition of tax liability (i.e., board tax rate increase. ation Committee’s reports numbered JCX– by determining who is the relevant ‘‘tax- For example, a new tax credit for any Na- 48–96 and JCS–1–97 would not be directly ap- payer’’), not to the party bearing the eco- tional Basketball Association players who plicable, but may be helpful in determining nomic incidence of the tax. The colloquy scored 100 points or more in a single game the class of potential beneficiaries. For ex- makes clear that the reason for doing so is would be covered by the rule. And the rule one solely of administrative convenience ample, the same industry, same activity, and would also cover a new income tax surtax on (‘‘The proposed rule would look to the num- same property rules might provide useful players in the National Hockey League that ber of taxpayers. That number is easier to analysis. exempted from the new income surtax any identify than the number of persons who players who were exempted from the league’s Provision to restructure the New York Liberty might bear the [economic] incidence of the requirement that players wear helmets when Zone tax incentives tax.’’) on the ice. In addition to repealing certain deprecia- In this case, Section 301 is structured as a The rule defines a beneficiary as a tax- tion and expensing provisions previously tax credit made available under the Internal payer; that is, a person liable for the pay- available in the New York Liberty Zone (the Revenue Code to certain employers against ment of tax, who is entitled to the deduc- ‘‘NYLZ’’), Section 301 provides a Federal their otherwise-existing obligation to remit tion, credit, exclusion, or preference. Bene- credit against the tax imposed for any pay- employee withholdings to the U.S. Treasury. ficiaries include entities that are liable for roll period by Code section 3402 (related to In light of our traditional analysis summa- payroll tax, excise tax, and the tax on unre- withholding for wages paid) for which a rized above, we therefore think it appro- lated business income on certain activities. NYLZ governmental unit is liable under priate to proceed on the basis that Section The rule does not define a beneficiary as Code section 3403. NYLZ governmental units 301 should be analyzed under the ‘‘limited the person bearing the economic incidence of are defined as the State of New York, the tax benefit’’ leg of Rule XLIV.

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\A16SE7.009 H16SEPT1 jbell on PROD1PC69 with HOUSE September 16, 2008 CONGRESSIONAL RECORD — HOUSE H8155 Limited Group of Current Beneficiaries Thus, to continue with the colloquy’s base- Mr. CANTOR. I yield to the gen- A second issue is whether Section 301 cur- ball analogy, a permanent tax benefit made tleman from New York. rently benefits a limited group of bene- available on a uniform basis to all individ- Mr. CROWLEY. Thank you. Would ficiaries. Applying by analogy the colloquy’s uals who hit a least 755 major league career the gentleman agree that the President home-runs is probably not a limited tax ben- reference to treating a related group of cor- has included this in his budget for this porations as one taxpayer, we believe that efit (because the number of individuals who the agencies and instrumentalities of New could qualify in the future is unlimited), but fiscal year? York State and City should be treated as at a comparable temporary provision expiring Mr. CANTOR. If the gentleman says most two taxpayers for purposes of whether December 31, 2008, probably does constitute a so. a limited group of beneficiaries is affected by limited tax benefit, because the class of indi- But, again, reclaiming my time, I am the provision. Accordingly, we believe that viduals who could reasonably be expected to not opining and standing up on the sub- the statutory incidence of the provision falls satisfy that test would come down to two stance of what is behind the request for on fewer than 10 beneficiaries (i.e., the State identifiable individuals. the Liberty Bonds. of New York, the City of New York and agen- Having identified the class of potential What I am objecting to is the fact cies or instrumentalities of the State or beneficiaries, and having determined that City). The economic incidence of the provi- they are sufficiently numerous as to over- that this, the insertion of this item, is sion is not determinative for these purposes. come the ‘‘limited’’ nature of the tax benefit so far beyond the jurisdiction of a bill Uniform Application to Potential Beneficiaries in question, the final step in the analysis is designed to promote American energy Under Rule XLIV, a tax provision that in to ensure that the statute will apply uni- production that it just doesn’t even practice applies only to a limited number of formly to all potential and current bene- pass the straight-faced test. current beneficiaries nonetheless is not a ficiaries. In most cases, this determination Mr. Speaker, I reserve the balance of ‘‘limited tax benefit’’ unless in addition that will be straightforward. my time. provision’s ‘‘eligibility criteria are not uni- In sum, we acknowledge that the ‘‘uniform Ms. SLAUGHTER. Mr. Speaker, I am application’’ test is both vague and difficult form in application with respect to the po- pleased to yield 31⁄2 minutes to the gen- to apply. The ‘‘uniform application’’ leg of tential beneficiaries of the provision.’’ (Em- tleman from Massachusetts, the chair- phasis supplied.) The only direct indication the analysis should not be read, however, to of what constitutes the ‘‘uniform applica- undercut the entire purpose of Rule XLIV. If man of the Select Committee on En- tion’’ of a taxing statute to potential bene- the only taxpayers that can reasonably be ergy, Independence and Global Warm- ficiaries is the colloquy described above. In expected to satisfy a bill’s definition of the ing, Mr. MARKEY. this regard, the colloquy indicates that a tax class of beneficiaries of a tax benefit are Mr. MARKEY. I thank the gentle benefit that applies equally to current and both few in number and known to the Sen- lady. potential future beneficiaries will not con- ator proposing the Bill at the time that the Mr. Speaker, this is all part of an on- stitute a limited tax benefit, just because legislation is considered, then in our view going effort by the Republicans to that Bill must give rise to a Rule XLIV the number of identifiable beneficiaries change the subject, to have a drilling today is fewer than 10. issue. Any other reading would vitiate the We suggest that the most logical way to Rule of any meaning. distraction, anything to get away from read Rule XLIV that is consistent with its This mode of analysis leads to a straight- what their true agenda is. obvious intended scope and with the colloquy forward resolution of the present case. In This is something that should be op- is to conclude that Rule XLIV applies a two- practice, only New York State and New York posed. What the Republicans are trying step analysis towards ‘‘potential’’ bene- City (and political subdivisions thereof) can to do here should be opposed, because ficiaries. First, a sponsor of a Bill that has a be expected to qualify for the benefits of Sec- what this is really all about, and what limited number of current beneficiaries can tion 301. The fact that these two identifiable they are trying to do now, is to avoid rely on the existence of a sufficiently large beneficiaries are treated equally is not the real debate on the fact that this is class of reasonably-likely potential bene- enough, in our view, to avoid the reach of ficiaries to demonstrate that the Bill applies Rule XLIV. a comprehensive energy plan that has been brought to the House floor, that to more than a limited number of taxpayers. Conclusion In that case, however, Rule XLIV goes on to this bill deals with renewables. It deals While we recognize that colorable argu- provide that the statute must be applied uni- with conservation. It deals with all of ments can be made in support of the con- formly to them and to currently-known trary conclusion, we believe that Rule these issues that we need to deal with. beneficiaries. This reading finds direct sup- XLIV’s disclosure requirement for limited We will see if they mean it when they port in the fact that Rule XLIV’s ‘‘uniform tax benefits is applicable to Section 301. say they want a comprehensive energy application’’ clause applies only with respect I would be pleased to discuss this issue fur- to ‘‘potential beneficiaries’’ of a statute. plan, because that’s what we are going In other words, a Bill that has a large num- ther with you, should you wish. In any event, to be debating today, or have they been ber of current beneficiaries is not a limited I hope that this memorandum is helpful to simply playing politics, which is what tax benefit provision, because by definition the Chairman’s decision-making process. this motion is all about. It’s intended it does not apply to a limited number of tax- Mr. Speaker, I would also remind my to avoid the real debate. payers, without regard to whether future good friend from New York that Vir- We are going to see a lot of crocodile (‘‘potential’’) taxpayers are treated dif- ginia, too, was attacked on 9/11. So it is tears here, shed on the Republican side ferently from current ones. If, however, a not that any of us forget 9/11, but we Bill today applies only to a limited number here, after 12 years of controlling the of beneficiaries, then the Bill’s sponsor can- all, in this House, still mourn the loss energy committees, after 8 years of not rely on a sufficient number of ‘‘poten- of the lives in New York, Pennsylvania having George Bush and DICK CHENEY tial’’ beneficiaries emerging in the future to and Virginia. in the White House, after the Depart- avoid the application of the limited tax ben- I would say to the gentleman, that’s ment of Energy under Republican con- efit rule unless the statute would treat all not the issue here. The issue here is trol, the crocodile tears are flowing current and potential beneficiaries equally. about an air-dropped earmark that with regard to all of their concern Under this reading, a statute that has no possible future (‘‘potential’’) beneficiaries benefits one entity, one locality, New about our energy dependence. and that applies today to a limited number York City, that is reported to be re- That’s what this point of order is all of current beneficiaries must be a limited quested by one Member, and that is about. It’s just another distraction, an- tax benefit. It cannot be the case, for exam- Chairman RANGEL. other attempt to get away from the ple, that a rule identifying a class of tax- Again, I say to the gentleman, no fact that on renewable, on conserva- payers comprising only Hank Aaron none- one, no one denies the fact that this tion, on efficiency they did almost theless is not a limited tax benefit, on the country is struggling, still struggling nothing. It’s almost 12 years that they theory that all those taxpayers (a single in- post 9/11. Yes, we saw the news in the dividual) are treated equally. controlled the United States Congress, Following this mode of analysis, the most markets yesterday. until last year, in conjunction with the important analytical step in applying Rule Yes, I understand the gentleman rep- Bush-Cheney secret energy plan. XLIV to a case (like this) where a statute’s resents New York City, the financial The Republicans say they want all of current beneficiaries are limited in number capital of the world, and is very con- the above, but have they here produced is to determine the relevant class of poten- cerned about its well-being, as we all a bill which is truly comprehensive? tial (i.e., future) beneficiaries. The colloquy are. But, again, I would make the point No, they have not. concludes that a statute’s class of potential beneficiaries is to be determined ‘‘by assess- that this is not the subject of my ob- Because their plan is not all of the ing the likelihood’’ that beneficiaries beyond jection. above. The Republican leadership, the those to whom the benefit applies today may Mr. CROWLEY. Will the gentleman White House, and Big Oil is really con- appear at a later date. yield? cerned with all that’s below, not all of

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\A16SE7.013 H16SEPT1 jbell on PROD1PC69 with HOUSE H8156 CONGRESSIONAL RECORD — HOUSE September 16, 2008 the above, all that’s below. Our beach- Mr. CANTOR. Mr. Speaker, I am the [Roll No. 593] es, 3 miles offshore, all of the oil that’s last speaker. I have no additional YEAS—230 below our national parks, all the oil speakers. Abercrombie Gillibrand Neal (MA) that’s below our most pristine wilder- Ms. SLAUGHTER. All right. Then I Ackerman Gonzalez Oberstar ness areas, that’s what they are in shall wait to close. Allen Gordon Obey favor of. Mr. CANTOR. Mr. Speaker, may I Altmire Green, Al Olver Not all of the above, all that’s below. ask, does the gentlelady have an addi- Andrews Green, Gene Ortiz Arcuri Grijalva tional speaker, or is she ready to close? Pallone They had 12 years controlling this in- Baca Gutierrez Pascrell stitution to do something about all of Ms. SLAUGHTER. I have one more, Baird Hall (NY) Pastor the above, wind, solar, geothermal, ef- but I only have about half a minute Baldwin Hare Payne ficiency. They did nothing. left, so it is going to be very brief. Barrow Harman Perlmutter Bean Hastings (FL) Peterson (MN) All of this is just another attempt to Mr. Speaker, I reserve the balance of Becerra Herseth Sandlin my time. Pomeroy get off the point, to have a distraction, Berkley Higgins Price (NC) which is why we should reject this Mr. CANTOR. Mr. Speaker, all I Berman Hill Rahall would say is the histrionics that we Berry Hinchey Rangel point of order. America needs an oil Bishop (GA) Hinojosa Reyes change. have already seen on the majority side Bishop (NY) Hirono Richardson of the aisle indicate the sensitivity of Blumenauer Hodes All right, we will permit some more Rodriguez Boren Holden drilling, but you also have to have a the matter of earmarks. Ross Boswell Holt We, I think, all have noticed that the Rothman strategy for the future. They keep say- Boucher Honda ing on the Republican side, drill, baby, public has an increasing awareness of Boyd (FL) Hooley Roybal-Allard drill. the way that this body operates, and Boyda (KS) Hoyer Ruppersberger they have a great dissatisfaction aimed Brady (PA) Inslee Rush What we are saying is change, baby, Ryan (OH) towards this process. That’s why we Braley (IA) Israel change. They can’t change. They are Brown, Corrine Jackson (IL) Salazar still out here with the Big Oil agenda. raise this issue. It is just completely Butterfield Jefferson Sa´ nchez, Linda They are still out here saying no to unfair. It smacks of a smoke-filled Capps Johnson (GA) T. room, behind-closed-doors dealings Capuano Johnson, E. B. Sanchez, Loretta wind, no to solar, no to efficiency, no Sarbanes that is not befitting of this institution. Cardoza Kagen to geothermal, no to the future. Carnahan Kanjorski Schakowsky Innovate, baby, innovate. Change, Frankly, it is not what the American Carney Kaptur Schiff baby, change. That’s what this debate people want, nor what they deserve. Carson Kennedy Schwartz is all about, and that’s what they are Castor Kildee Scott (GA) b 1245 Cazayoux Kilpatrick Scott (VA) trying to do. They are trying to change That is the reason for raising this Chandler Kind Serrano the subject. They are trying to distract Childers King (NY) Sestak question surrounding the $1.2 billion Clarke Klein (FL) Shea-Porter from the fact that they are interested that has been requested by what rein more drilling, but not a comprehen- Clay Kucinich Sherman ports have said was Chairman RANGEL Cleaver Langevin Shuler sive energy plan for our country. of the Ways and Means Committee. Clyburn Larsen (WA) Sires That’s why it’s great that we are Again, on their own, liberty bonds Cohen Larson (CT) Skelton Conyers Lee having this debate. Because we see, should stand a test of this House; but it Slaughter once again, what they did for 12 years, Cooper Levin Smith (WA) should not be a provision inserted in a Costa Lewis (GA) Snyder distract the American public, allow bill that is meant to increase American Costello Lipinski Solis ourselves to become more dependent on energy production so that we can bring Courtney Loebsack Space imported oil and then come out and try Cramer Lofgren, Zoe Speier down gas prices. Crowley Lowey to wash their hands of their respon- Stark Mr. Speaker, with that I yield back Cuellar Lynch Stupak sibilities. Vote ‘‘aye.’’ Vote for change. the balance of my time. Cummings Mahoney (FL) Sutton Mr. CANTOR. Mr. Speaker, I yield 1 Ms. SLAUGHTER. Mr. Speaker, I Davis (AL) Maloney (NY) Tanner Davis (CA) Markey minute to the gentleman from Arizona Tauscher yield the remainder of my time to the Davis (IL) Marshall Taylor (Mr. FLAKE). ROW Davis, Lincoln Matheson gentleman from New York (Mr. C - Thompson (CA) Mr. FLAKE. I thank the gentleman DeFazio Matsui LEY). Thompson (MS) DeGette McCarthy (NY) for yielding. Mr. CROWLEY. Mr. Speaker, let me Tierney Mr. Speaker, I guess that some on Delahunt McCollum (MN) just remind my colleague regarding ac- DeLauro McDermott Towns the majority side think that they can cusations as to who is responsible for Dicks McGovern Tsongas cover up just by yelling or by raising this particular piece of legislation Doggett McIntyre Udall (NM) Donnelly McNerney Van Hollen the volume here of debate. being added to this bill. Initially this Vela´ zquez The bottom line here is, and the rea- Doyle McNulty was air-dropped into the overall bill to Edwards (MD) Meek (FL) Visclosky son for this point of order, is that the help New York recover after 9/11 by Edwards (TX) Meeks (NY) Walz (MN) majority party thought that, all right, Chairman Thomas. So I guess to some Ellison Melancon Wasserman we can have a bill here, or we can Ellsworth Miller (NC) Schultz degree Chairman Thomas is responsible Emanuel Miller, George Waters sneak something in. Let’s sneak a lim- for this particular provision being here Engel Mitchell Watson ited tax benefit for New York. today, without consultation with not Eshoo Mollohan Watt Waxman You can call it an earmark, that’s only the ranking member, CHARLIE Etheridge Moore (KS) the proper definition when you have a Farr Moore (WI) Weiner RANGEL at the time, or MIKE MCNULTY Fattah Moran (VA) Welch (VT) limited tax benefit. You can call it a from New York State. Even his own Filner Murphy (CT) Wexler banana. You can call it anything you colleague from the Republican side of Fossella Murphy, Patrick Wilson (OH) want to. The bottom line is the major- the aisle, Amo Houghton at the time Foster Murtha Woolsey ity tried to sneak something into a Frank (MA) Nadler Wu who was a Member, was not consulted Giffords Napolitano Yarmuth broader bill that’s supposed to be about about the addition of this into the leg- energy, and that’s what this is about. islation. NAYS—180 So nobody is trying to distract any- The SPEAKER pro tempore. All time Akin Boustany Coble body, other than those who are trying for debate has expired. Alexander Broun (GA) Cole (OK) to slip a provision in that doesn’t have Bachmann Brown (SC) Conaway The question is, Will the House now Bachus Buchanan Crenshaw to do with any comprehensive energy consider the resolution? Bartlett (MD) Burgess Davis (KY) plan. It has to do with New York. The question was taken; and the Barton (TX) Burton (IN) Davis, David You can raise your voice, and you Speaker pro tempore announced that Biggert Buyer Deal (GA) can yell all you want. The bottom line Bilbray Calvert Dent the noes appeared to have it. Bilirakis Camp (MI) Diaz-Balart, L. is somebody tried to sneak a limited Ms. SLAUGHTER. Mr. Speaker, on Bishop (UT) Campbell (CA) Diaz-Balart, M. tax benefit into this legislation. That’s that I demand the yeas and nays. Blackburn Cannon Doolittle why I support the point of order. The yeas and nays were ordered. Blunt Cantor Drake Ms. SLAUGHTER. Mr. Speaker, may The vote was taken by electronic de- Boehner Capito Duncan Bonner Carter Emerson I inquire how many more speakers my vice, and there were—yeas 230, nays Bono Mack Castle English (PA) colleague has? 180, not voting 23, as follows: Boozman Chabot Everett

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K16SE7.045 H16SEPT1 jbell on PROD1PC69 with HOUSE September 16, 2008 CONGRESSIONAL RECORD — HOUSE H8157 Fallin Lewis (CA) Rogers (AL) The vote was taken by electronic de- Musgrave Roskam Space Feeney Lewis (KY) Rogers (KY) vice, and there were—ayes 9, noes 386, Myrick Ross Speier Ferguson Linder Rogers (MI) Nadler Rothman Spratt Flake LoBiondo Rohrabacher not voting 38, as follows: Napolitano Roybal-Allard Stark Forbes Lucas Ros-Lehtinen [Roll No. 594] Neal (MA) Royce Stearns Fortenberry Lungren, Daniel Roskam Nunes Ruppersberger Stupak Foxx E. Royce AYES—9 Oberstar Rush Sullivan Franks (AZ) Mack Ryan (WI) Doolittle McKeon Shimkus Obey Ryan (OH) Tanner Frelinghuysen Manzullo Sali Johnson (IL) Miller, Gary Waxman Olver Ryan (WI) Tauscher Gallegly Marchant Saxton Linder Saxton Weldon (FL) Ortiz Salazar Taylor Garrett (NJ) McCarthy (CA) Scalise Pallone Sali Terry Gerlach McCotter Schmidt NOES—386 Pascrell Sa´ nchez, Linda Thompson (CA) Gilchrest McCrery Sensenbrenner Pastor T. Thompson (MS) Gingrey McHenry Abercrombie Davis (AL) Israel Payne Sanchez, Loretta Thornberry Sessions Ackerman Davis (CA) Issa Gohmert McHugh Shadegg Pearce Sarbanes Tiahrt Goode McKeon Akin Davis (IL) Jackson (IL) Shays Perlmutter Scalise Tiberi Goodlatte McMorris Alexander Davis (KY) Jefferson Peterson (MN) Schakowsky Tierney Shimkus Granger Rodgers Allen Davis, David Johnson (GA) Peterson (PA) Schiff Towns Shuster Graves Mica Altmire Davis, Lincoln Johnson, E. B. Petri Schmidt Tsongas Simpson Hall (TX) Michaud Andrews Deal (GA) Jones (NC) Pickering Schwartz Turner Smith (NE) Hastings (WA) Miller (FL) Arcuri DeFazio Jordan Platts Scott (GA) Udall (NM) Smith (NJ) Hayes Miller (MI) Baca DeGette Kagen Pomeroy Scott (VA) Upton Heller Miller, Gary Smith (TX) Bachmann Delahunt Kanjorski Porter Sensenbrenner Van Hollen Hensarling Moran (KS) Souder Bachus DeLauro Kaptur Price (GA) Serrano Vela´ zquez Herger Murphy, Tim Stearns Baird Dent Kennedy Price (NC) Sessions Walden (OR) Hobson Musgrave Sullivan Baldwin Diaz-Balart, L. Kildee Pryce (OH) Sestak Walz (MN) Hoekstra Myrick Tancredo Barrow Diaz-Balart, M. Kilpatrick Putnam Shadegg Wamp Hulshof Nunes Terry Bartlett (MD) Dicks Kind Radanovich Shays Waters Inglis (SC) Pearce Thornberry Barton (TX) Doggett King (IA) Rahall Shea-Porter Watson Issa Pence Tiahrt Bean Donnelly King (NY) Ramstad Sherman Watt Johnson (IL) Peterson (PA) Tiberi Becerra Doyle Kingston Rangel Shuler Weiner Jones (NC) Petri Turner Berkley Drake Kirk Regula Shuster Welch (VT) Jordan Pickering Upton Berman Duncan Klein (FL) Rehberg Simpson Weller Keller Platts Walden (OR) Berry Edwards (MD) Kline (MN) Reichert Sires Wexler King (IA) Porter Walsh (NY) Biggert Ellison Knollenberg Reyes Skelton Wilson (NM) Kingston Price (GA) Wamp Bilbray Ellsworth Kucinich Reynolds Slaughter Wilson (OH) Kirk Pryce (OH) Weldon (FL) Bilirakis Emanuel Kuhl (NY) Richardson Smith (NE) Wilson (SC) Kline (MN) Putnam Weller Bishop (GA) Emerson LaHood Rodriguez Smith (NJ) Wittman (VA) Knollenberg Radanovich Whitfield (KY) Bishop (NY) Engel Lamborn Rogers (AL) Smith (TX) Wolf Kuhl (NY) Ramstad Wilson (NM) Bishop (UT) Eshoo Langevin Rogers (KY) Smith (WA) Woolsey LaHood Regula Wilson (SC) Blackburn Etheridge Larson (CT) Rogers (MI) Snyder Wu Lamborn Rehberg Wittman (VA) Blumenauer Fallin Latham Rohrabacher Solis Yarmuth Latham Reichert Wolf Blunt Farr LaTourette Ros-Lehtinen Souder Young (FL) LaTourette Renzi Young (AK) Boehner Fattah Latta Latta Reynolds Young (FL) Bonner Feeney Lee NOT VOTING—38 Bono Mack Ferguson Levin Aderholt Holden Renzi NOT VOTING—23 Boozman Filner Lewis (CA) Barrett (SC) Hunter Sutton Boren Flake Lewis (GA) Aderholt Dreier Paul Boswell Jackson-Lee Tancredo Boucher Forbes Lewis (KY) Barrett (SC) Ehlers Pitts Brady (TX) (TX) Boustany Fortenberry Lipinski Udall (CO) Brady (TX) Hunter Poe Cantor Johnson, Sam Boyd (FL) Fossella LoBiondo Visclosky Brown-Waite, Jackson-Lee Spratt Cubin Keller Boyda (KS) Foster Loebsack Walberg Ginny (TX) Udall (CO) Culberson Lampson Walsh (NY) Cubin Johnson, Sam Brady (PA) Foxx Lofgren, Zoe Walberg Davis, Tom Larsen (WA) Wasserman Culberson Lampson Braley (IA) Frank (MA) Lowey Dingell Mahoney (FL) Westmoreland Schultz Davis, Tom McCaul (TX) Broun (GA) Franks (AZ) Lucas Dreier Neugebauer Westmoreland Dingell Neugebauer Brown (SC) Frelinghuysen Lungren, Daniel Edwards (TX) Paul Whitfield (KY) Brown, Corrine Gallegly E. Ehlers Pence ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Brown-Waite, Garrett (NJ) Lynch English (PA) Pitts Young (AK) The SPEAKER pro tempore (during Ginny Gerlach Mack Everett Poe Buchanan Giffords Maloney (NY) the vote). Two minutes remain in this Burgess Gilchrest Manzullo ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE vote. Burton (IN) Gillibrand Marchant Butterfield Gingrey Markey The SPEAKER pro tempore (during b 1311 Buyer Gohmert Marshall the vote). There are 2 minutes remain- Mrs. MYRICK and Messrs. BURGESS Calvert Gonzalez Matheson ing in this vote. Camp (MI) Goode Matsui and MCKEON changed their vote from Campbell (CA) Goodlatte McCarthy (CA) b 1331 ‘‘yea’’ to ‘‘nay.’’ Cannon Gordon McCarthy (NY) Ms. ROYBAL-ALLARD, Ms. LEE and Capito Granger McCaul (TX) So the motion to adjourn was re- Capps Graves McCollum (MN) jected. Messrs. ALTMIRE, CONYERS, Capuano Green, Al McCotter HINOJOSA and KUCINICH changed The result of the vote was announced Cardoza Green, Gene McCrery as above recorded. their vote from ‘‘nay’’ to ‘‘yea.’’ Carnahan Grijalva McDermott So the question of consideration was Carney Gutierrez McGovern f Carson Hall (NY) McHenry decided in the affirmative. Carter Hall (TX) McHugh PROVIDING FOR CONSIDERATION The result of the vote was announced Castle Hare McIntyre OF H.R. 6899, COMPREHENSIVE Castor Harman McMorris as above recorded. AMERICAN ENERGY SECURITY A motion to reconsider was laid on Cazayoux Hastings (FL) Rodgers Chabot Hastings (WA) McNerney AND CONSUMER PROTECTION the table. Chandler Hayes McNulty ACT f Childers Heller Meek (FL) Clarke Hensarling Meeks (NY) The SPEAKER pro tempore. The gen- MOTION TO ADJOURN Clay Herger Melancon tlewoman from New York is recognized Cleaver Herseth Sandlin Mica Mr. PRICE of Georgia. Mr. Speaker, I Clyburn Higgins Michaud for 1 hour. move that the House do now adjourn. Coble Hill Miller (FL) Ms. SLAUGHTER. Mr. Speaker, for The SPEAKER pro tempore (Mr. Cohen Hinchey Miller (MI) the purpose of debate only, I yield the Cole (OK) Hinojosa Miller (NC) ACKSON customary 30 minutes to the gen- J of Illinois). The question is on Conaway Hirono Miller, George the motion to adjourn. Conyers Hobson Mitchell tleman from Washington (Mr. The question was taken; and the Cooper Hodes Mollohan HASTINGS). All time yielded during con- Speaker pro tempore announced that Costa Hoekstra Moore (KS) sideration of the rule is for debate Costello Holt Moore (WI) the noes appeared to have it. Courtney Honda Moran (KS) only. RECORDED VOTE Cramer Hooley Moran (VA) GENERAL LEAVE Mr. PRICE of Georgia. Mr. Speaker, I Crenshaw Hoyer Murphy (CT) Ms. SLAUGHTER. Mr. Speaker, I ask Crowley Hulshof Murphy, Patrick demand a recorded vote. Cuellar Inglis (SC) Murphy, Tim unanimous consent that all Members A recorded vote was ordered. Cummings Inslee Murtha have 5 legislative days within which to

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\A16SE7.006 H16SEPT1 jbell on PROD1PC69 with HOUSE H8158 CONGRESSIONAL RECORD — HOUSE September 16, 2008 revise and extend their remarks and to ‘‘no’’ to requiring the oil companies to standard. The power companies would insert extraneous materials into the drill on the 68 million acres of Federal be required to generate 15 percent of RECORD. land that they already control nation- their electricity from renewable The SPEAKER pro tempore. Is there wide, and the list goes on and on. sources by 2020, reducing the air pollu- objection to the request of the gentle- Mr. Speaker, if the other party has tion from power plants and helping ad- woman from New York? its way in energy, we will have more of dress the threat of global warming. There was no objection. the same Bush-Cheney energy policy As Americans use more public trans- Ms. SLAUGHTER. I yield myself written by and for the oil companies. portation in the face of high gas prices, such time as I may consume. They would help Big Oil to get more this bill will help the transit agencies Mr. Speaker, H. Res. 1433 provides a public land owned by every American, deal with the added costs of increased closed rule for consideration of H.R. more American oil, more taxpayer dol- ridership by providing $1.7 billion in 6899, the Comprehensive American En- lars, and continuing record profits grants. ergy Security and Consumer Protec- while American families and businesses And at the same time, with the tion Act. The resolution provides 3 get stuck paying record prices at the record-breaking oil company profits, it hours of debate on the bill, controlled pump and heating prices. requires the oil companies to pay their by the Committee on Natural Re- Mr. Speaker, today this comprehen- fair share by repealing the tax sub- sources. sive bill presents the administration sidies they do not need and by requir- Mr. Speaker, American families and and its allies in Congress with a clear ing that the Federal Government col- businesses from every city, town and choice on energy. Either side with the lect the oil royalties due to the Amer- village across our districts are strug- American taxpayer, side with the peo- ican people. That’s one of the reasons gling with the skyrocketing gas prices ple who sent you here to vote and vote why reform at the committee is so im- and ever-increasing energy costs, for this, or side with the Big Oil com- portant. which have obviously gone over into panies who have had the largest profits This comprehensive energy legisla- the cost of food and every other comin the history of mankind and cer- tion is the result of a serious commodity that we use. The American peo- tainly do not need more tax breaks promise on the part of this Congress to ple are calling out for relief, which is from the American public. bring down prices now and to invest in why we have this comprehensive en- Now, there are significant differences a clean renewable future. It will pro- ergy package before us today. between the Bush administration’s pol- vide America with the American-owned In considering this legislation, we icy that got us into this mess and the energy policy that this administration must ask ourselves: How did our great plan before us today. This package is has failed to deliver in the last 8 years. Mr. Speaker, there are precious few Nation get into this terrible place con- an energy package for a 21st century moments in each of our lives where we cerning energy in the first place? Eight policy that will help Americans to re- have a chance to do something that years ago, two oilmen took the reins of claim a clean energy future. profoundly affects not only our own America’s energy policy, and they And the choice is very clear, as I said lives but the lives of future genera- never looked back. They held secret, before, which side are you on? The bill tions. closed door meetings with Big Oil and addresses America’s energy crisis in Today, we do have a choice. Do we energy companies at a tremendous cost both the short term and the long term. want to continue on the same dan- to the American people. And the Re- By releasing oil from the Strategic gerous energy policies of the past or do publican Congress supported them Petroleum Reserve, we will imme- we want to invest in a clean energy fu- every step of the way. To this day, we diately lower prices at the pump for ture that will help to ease consumer do not know about the secret meetings American families struggling with high costs in the short term while putting that the Vice President held. gas costs. And we will replace the oil at the Nation on a path to a clean energy Just this past summer, the American the reserve as the gas prices stabilize. future that will create a stronger and people struggled through an excessive Meanwhile, by investing billions of safer America? speculation crisis when oil prices dollars over the long term in renewable Our energy choices will not only af- jumped over $150 a barrel. Of course, energy, energy efficiency, and mass fect Americans who are suffering at the when the Democrats threatened to rein transportation, we will harness innova- pump but profoundly affect the future in speculators, they pulled over $39 bil- tion and create good-paying American of life on this planet. lion out of the futures market. We jobs while strengthening our energy se- Mr. Speaker, we cannot afford more must address speculation before we curity. of the same when it comes to this ad- leave this session. Because now, the oil By expanding the access to offshore ministration’s energy policy. prices are hovering over $90 a barrel, oil reserves and encouraging respon- We are all proud Americans, but it is and we cannot let that go uncared for. sible drilling, the bill promotes more time we start acting like Americans Just last week, we saw the havoc exploration and will lead to increased once again. Our great Nation is known that the Bush-Cheney energy policies domestic energy production. around the world for dreaming big and have wreaked when the Interior De- By promoting energy efficiency and for reaching those dreams. When Presi- partment’s Inspector General reported conservation in buildings, through up- dent Kennedy set a goal to put a man that administration employees at the graded building codes and incentives on the Moon in 10 years, America got Minerals Management Service, who for energy-efficient construction, the to work and did it. It is time to set big were supposed to be regulating oil roy- bill would lead to reduced energy use goals and work diligently to achieve alties, were literally accepting im- and lower utility prices. them, and that’s exactly what this bill proper gifts and engaging in unethical In light of the Inspector General re- does. conduct, such as having sex at parties, port from the Interior Department I encourage my colleagues on both using drugs with persons, employees of showing that the Minerals Manage- sides of the aisle to make history by the oil companies. They were literally, ment Service employees were accept- supporting this comprehensive bill that Mr. Speaker, in bed with each other. ing gifts from the oil companies and sets the country back on track to a My colleagues across the aisle say engaging in unethical conduct, this bill clean energy future and finally begins they want to change the energy policy, would subject the MMS employees to a to break our dangerous addiction to oil but their record certainly proves dif- higher ethical standard and make it a which we have been promising to break ferently. The very same Republicans Federal offense for oil companies to for at least the last 30 years. The world voted ‘‘no’’ to the first new vehicle effi- provide them with gifts of any kind. deserves nothing less. ciency standards in 32 years that would At the same time, by providing more [From the Office of Speaker Nancy Pelosi, have saved $1,000 in fuel costs per car funding for home heating assistance, July 30, 2008] per year. They said ‘‘no’’ to recouping we ensure that seniors and other vul- THE GOP ENERGY PLAN: NONE OF THE ABOVE the royalties that the oil companies nerable populations do not have to Republicans may talk a good game, but failed to pay to taxpayers. They said choose between food and heating oil. their actions speak louder than words. Re- ‘‘no’’ to curbing excessive speculation Under this bill, we would enact our publicans have voted against the critical so- in the energy futures markets, and first national renewable electricity lutions that must be part of a comprehensive

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\K16SE7.054 H16SEPT1 jbell on PROD1PC69 with HOUSE September 16, 2008 CONGRESSIONAL RECORD — HOUSE H8159 New Direction for Energy Independence. Instead of working on behalf of American record profits has earned them the moniker They voted against renewable energy and families and businesses, the House Repub- ‘‘Grand Oil Party.’’ Americans paying $4 a conservation, responsible domestic oil pro- licans ‘‘all of the above’’ energy plan simply gallon thanks to an energy policy literally duction, short-term measures to bring down rehashes failed ideas on domestic drilling or written by the oil industry cannot afford prices now and punish those who are manipu- proposes ideas that Republicans have repeat- this the GOP’s ‘‘none of the above’’ energy edly blocked in the past. Their all-out legis- plan. lating the oil market, and new requirements lative battle in recent years to protect the The Republican leadership’s ‘‘none of the that oil companies pay their fair share. record profits of oil companies earning 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 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- myself as much time as I may con- So, Mr. Speaker, Democrats are sim- ages of House Republicans voted against: sume. ply playing a political game. Every- Comprehensive energy legislation that in- (Mr. HASTINGS of Washington asked body knows this bill will never pass cludes the first new vehicle efficiency stand- and was given permission to revise and Congress and become law, but don’t ards in 32 years, saving families up to $1,000 a year at the pump. [93 percent, Vote 1140, 12/ extend his remarks.) take my word for it. Democrat Senator 6/07, HR 6; 50.3 percent, Vote 1177, 12/18/07, HR Mr. HASTINGS of Washington. Mr. Mary Landrieu of Louisiana said this 6]. Speaker, for many months the liberal bill is ‘‘dead on arrival in the Senate.’’ Tax incentives for renewable electricity, leaders that control this House have And when you examine the details of energy and fuel from America’s heartland, as blocked, dodged, and refused to allow a this bill, it certainly deserves to be well as for plug-in hybrid cars, and energy ef- vote on legislation to produce more dead, Mr. Speaker. ficient homes, buildings, and appliances— American-made energy. It permanently locks up vast four times in just the last 18 months. [82 per- Democrat leaders have been absolute amounts of America’s oil and gas recent, Vote 344, 5/21/08, HR 6049; 91 percent, in their opposition to lifting the ban on Vote 84, 2/27/2008; 93 percent, Vote 1140, 12/6/ serves, including more than 10 billion, 07, HR 6; 95 percent, Vote 835, HR 2776]. drilling offshore, and they have repeat- with a B, 10 billion barrels of oil on Investments in energy efficiency and re- edly and adamantly refused any action Alaska’s remote North Slope. It leaves newable energy, including solar, biofuels, hy- on such legislation to help lower gas 88 percent of America’s offshore energy dropower, and geothermal energy, as well as prices that are hurting people at the resources locked up. It increases taxes new vehicle technology and energy efficient pump. by billions of dollars, taxes which will buildings and homes, with a 50 percent in- And yet today, Mr. Speaker, after land squarely on the shoulders of crease over the President’s request. [56 per- these many months and years of American consumers. And it perma- cent, Vote 641, 7/17/07, HR 2641]. stamping their feet and yelling ‘‘no,’’ Landmark energy efficiency standards for nently bans drilling within 50 miles of buildings, homes, appliances, and lighting to are we now to believe that these same American shores. save consumers $400 billion through 2030. [93 liberal Democrats, standing before us Now, Mr. Speaker, why is this fact percent, Vote 1140, 12/6/07, HR 6; 50.3 percent; today with a salesman smile on their important? It’s important because, ac- Vote 1177, 12/18/07, HR 6]. face, are we to believe them that they cording to the Interior Department, of Requiring that 15 percent of American are now declaring that this is a pro- the nearly 10 billion, again B, barrels of electricity come from renewable energy by drilling bill? oil believed to be offshore in California, 2020. [83 percent, Vote 827, 8/4/97, amendment Mr. Speaker, the American people only 5 percent is beyond the 50-mile to HR 3221]. are not fools. They won’t be taken in barrier. Reducing transit fares for commuter rail by this sham of a bill that will actually and buses and expanding service through b 1345 grants to transit agencies. [52 percent, Vote lock down Americans’ ocean oil re- 467, 6/26/08, HR 6052]. serves. Mr. Speaker, what this simply means Responsible drilling in Alaska in the Na- There are two phrases that come to is that this bill permanently bans drill- tional Petroleum Reserve (NPR–A). [86 per- mind, Mr. Speaker, about this bill. The ing on 95 percent of the oil believed to cent, Vote 511, 7/17/08, HR 6515]. first is ‘‘grasping at straws,’’ which is be off the coast of California. Requiring oil companies to drill on 68 mil- defined as trying to find reasons to be As if a permanent ban on drilling in lion acres they already control. [94 percent, hopeful about a bad situation. The sec- the first 50 miles offshore were not Vote 469, 16/26/08, HR 6251]. ond phrase is ‘‘fig leaf,’’ which means enough, drilling between 50 and 100 Releasing a small portion of the govern- miles out would also be effectively ment’s oil stockpile, the Strategic Petro- something you use to try to hide an leum Reserve, to bring down gasoline prices. embarrassing fact or problem. Mr. banned. By refusing to allow States to [81 percent, Vote 527, 7/24/08, HR 6578]. Speaker, with this bill, Democrats are share in revenue generated by offshore Cracking down on price gouging oil compa- grasping at straw fig leaves. drilling, this bill guarantees that drill- nies that artificially inflate the price of en- There’s an election coming up, and ing offshore will never be permitted by ergy. [74 percent, Vote 448, 6/24/08, HR 6346]. Democrats are desperately in search of the States. Repealing unnecessary subsidies for the political cover, political cover for their Right now, States along the Gulf of top five oil companies earning record prof- long record of opposing drilling and Mexico are paid a share of the oil pro- its—four times over the last 18 months. [91 duced in those waters. Under this bill, percent, Vote 84, 2/27/2008; 93 percent, Vote producing more American-made en- 1140, 12/6/07, HR 6; 95 percent, Vote 835, HR ergy. royalty sharing won’t be allowed. As a 2776; 81 percent, Vote 40, 1/18/07, HR 6]. This straw fig leaf bill was written in result, States would have no incentive Recouping royalties that oil companies secret. There were no public hearings to allow any drilling whatsoever. In owe American taxpayers for drilling on pub- on this bill. The first copy of it was fact, I would submit they would have a lic lands. [86 percent, Vote 832, 8/4/07, HR made public at 9:45 p.m. last night, disincentive. Why would a State allow 3221; 81 percent, Vote 40, 1/18/07, HR 6]. barely 12 hours ago, and it’s 290 pages someone to come into their back yard I reserve the balance of my time. long. and pay them no share of the profits Mr. HASTINGS of Washington. Mr. The Democrat-controlled Rules Com- that would be made by the offshore Speaker, I want to thank the mittee blocked every single Member of drilling? It is the equivalent of the gov- gentlelady from New York, the Chair of this House from being able to offer ernment opening a Starbuck’s or a the Rules Committee, for yielding me their ideas for improving this bill. No McDonald’s franchise in your garage or the customary 30 minutes, and I yield amendments were allowed to the bill. family home but paying you nothing,

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\A16SE7.015 H16SEPT1 jbell on PROD1PC69 with HOUSE H8160 CONGRESSIONAL RECORD — HOUSE September 16, 2008 even to alleviate the cost of dealing Of serious concern are the costly new our own domestic resources is a way to with the impacts of that business. mandates included in the national Re- help us get there. And it marries that And consider this, Mr. Speaker, if newable Energy Standard that this bill to establishing that the revenues that this is truly a drilling bill, why is there creates. The most likely and certain will be generated will be used for the no outcry from the radical environ- result of this is to increase the power benefit of the American people to mental special interests? Mr. Speaker, bills of almost every American family achieve the goal of energy independ- it’s because they know that drilling and business that it affects. That’s ence, which requires two things: It re- will never happen under this plan. right, Mr. Speaker, the Democrat bill quires investment in research and de- Those who are opposed to drilling can isn’t going to lower gas prices, but it velopment of alternative energies, and vote for this bill secure in the knowl- will increase power bills. it requires investment in the imple- edge that drilling will never actually The most egregious of it all is that mentation of alternative energy happen under this sham bill. this new mandate is slanted and biased projects. Mr. Speaker, my district in central by saying solar and wind power are re- So what you have here is a recogni- Washington is the home of Grand Cou- newable under the standard, but that tion that we do need supply; that’s lee Dam and vast amounts of hydro- hydropower isn’t. This discrimination true. That’s been the argument of the power. It is the home of the only nu- against hydropower is absolutely ridic- Republican side. Valid point. But it clear plant in the Pacific Northwest. It ulous. Hydropower is the most abun- also recognizes that we need a sustain- is home to the vast majority of wind dant source of renewable energy in our able financial fund in order to imple- farms in Washington State. And it is country. Hydropower is renewable, ment research and development in the home to the Pacific Northwest Na- clean, non-emitting, non-polluting, and implementation of clean energy tional Lab, a leader in renewable en- a reliable energy source. projects. ergy research. Mr. Speaker, those are the facts. This bill also cracks down on specu- Those who call central Washington And consider this; if capturing the lation, makes oil available, which will home believe in an all-of-the-above sun shining and the wind blowing is re- have an impact on the price of oil. It plan that lowers energy prices. That newable energy, then so is water run- does a whole array of things that most means promoting alternative energy ning downhill, which is precisely what of us are in agreement need to be done sources like wind and solar power, rec- hydro is all about. But believe it or on wind, solar, biomass. ognizing a need for more nuclear not, it is not renewable by definition So, Mr. President, we can’t drill our power, protecting our valuable hydro- under this bill. way out, but we can’t get to where we power dams, and also allowing drilling Mr. Speaker, when Democrats—who need to be, a post oil-dependent econ- offshore in Alaska and on other Fed- just days ago were proudly declaring omy, unless we have a sustainable en- eral lands. But this bill, Mr. Speaker, their career-long opposition to oil ergy fund that will allow us to do that. does not address those issues. drilling—are suddenly preaching the We managed to do this in Vermont The Democrat plan just means bil- merits of this self-proclaimed drilling when we had a fierce debate over nu- lions of dollars in higher taxes, more bill, you know, it’s really hard not to clear power, and in the storage of nuclear waste, assessed a fee that went government mandates that will in- laugh, except for the fact that families, into a clean energy fund. It is now al- crease costs for everyone, and a perma- workers, farmers, schools and small lowing schools to literally cut in half nent ban on most of our offshore re- businesses are struggling under the their cost of heating their schools. This sources. high cost of gasoline, and really this is a very wise decision and allows us to I believe, Mr. Speaker, that the Democrat Congress is doing nothing to work together to get something done. American people deserve a vote on leg- help. islation that truly expands alternative Mr. HASTINGS of Washington. Mr. Instead of real solutions to real prob- Speaker, may I inquire as to how much energy sources and lifts the ban on off- lems of high gas and energy prices that time remains on both sides. shore drilling and in Alaska. They de- Americans are facing, this Democrat The SPEAKER pro tempore. The gen- serve a vote on H.R. 6566, the American Congress has chosen to look after tleman from Washington has 191⁄2 min- Energy Act, but the liberal leaders of themselves in writing this bill. What utes. The gentlewoman from New York this Congress have blocked a fair yes- do I mean by that? This bill will do has 19 minutes remaining. or-no vote on this bill for months. nothing, nothing but give Democrats a Mr. HASTINGS of Washington. Mr. They blocked a fair yes-or-no vote, Mr. talking point and a 30-second television Speaker, I am pleased to yield 2 min- Speaker, because I believe they know if commercial where they can smile and utes to the Republican whip, Mr. it were on the floor, it would likely claim that they are supporting drilling BLUNT of Missouri. pass. for American oil. Mr. BLUNT. I appreciate the gen- Mr. Speaker, BARACK OBAMA, JOE I urge my colleagues to vote against tleman yielding. BIDEN, HARRY REID and NANCY PELOSI this unfair rule and this sham bill. This bill comes to the floor today, control the Democrat Party here in With that, Mr. Speaker, I reserve the this rule comes to the floor without an this Congress. They oppose drilling. balance of my time. opportunity to talk about issues that They have fought and blocked it for Ms. SLAUGHTER. Mr. Speaker, I have been before the House for months years. Every time drilling has come up yield 3 minutes to the gentleman from now. Our Members—even with a 9:45 they’ve said ‘‘no, no, no.’’ And this bill Vermont, a member of the Rules Com- notice last night that finally there was is just more of the same because it says mittee, Mr. WELCH. a bill that nobody had seen on this side no drilling in Alaska, no to truly lift- Mr. WELCH of Vermont. Mr. Speak- of the aisle before 9:45, 10:45 Rules Com- ing the offshore drilling ban, no to er, we have an opportunity here to de- mittee meeting—brought a stack of opening up oil shale in the western cide to make policy instead of con- amendments a foot high to the com- United States, no to hydropower as a tinuing to play politics. mittee, none of which we’re voting on renewable energy source, no to non- I happen to be among those who be- today, amendments and legislation carbon emitting nuclear power, no to lieve that we cannot drill our way out that have been out there for months building new refineries here in Amer- of this energy crisis, yet I support this for people to look at that do most of ica, and no to clean coal and coal-to- bill that contains significant offshore the things that the gentleman from liquid technology. The only thing that and domestic drilling, and I’ll tell you Vermont just mentioned. the Democrat bill says yes to are tax why. This will offer a transition fund And I agree that we need to be doing increases, permanent bans on drilling, so that we can go from an energy-de- everything—we need to be doing more and continued high prices. pendent economy on oil to an inde- biomass, we need to be doing more Mr. Speaker, before I conclude my pendent energy economy. wind, we need to be doing more solar, opening remarks, I want to shine the What this bill will do is marry the ar- but we need to be doing more of every- light on an area of this bill that has gument that has been made on the thing. And everything is not in this not gotten much attention, partly be- other side that we have to have supply bill. There is no nuclear, there is no cause no one had a copy to read this to get from here to there—that’s true, lawsuit permitting reform. There is no bill before 9:45 last night. it’s indisputable—and that developing real way to do oil shale in this bill.

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K16SE7.057 H16SEPT1 jbell on PROD1PC69 with HOUSE September 16, 2008 CONGRESSIONAL RECORD — HOUSE H8161 Most importantly, this bill that now The contrast between the policies of they have done none of their work. And purports to allow drilling offshore the past and our forward-looking bill because of that, we find ourselves in doesn’t do that because you don’t open could not be more clear. There are real the circumstance where today the lead- the door to that offshore drilling. We differences. Remember just 7 years ago ership is undermining our ability to go have four States in America today that the administration’s Energy Task forward towards energy independence. get 37.5 percent of the revenue taken Force met behind closed doors. It con- Mr. Speaker, a bipartisan majority in the from that resource near their State. sisted of oil company executives. And House has been calling for a real debate on We’re telling the other States, the the administration fought tooth and energy issues for months now. But it was 82 other coastal States, you’re not going nail to keep those meetings secret. Re- days ago—during a scheduled full Appropria- to get anything, but we want you to newable sources of energy were not a tions Committee markup—that the real debate vote to open the door to that 100-mile priority, and a balanced comprehensive began. area offshore. approach was not a priority. That debate in full committee was short- We’re taking too much permanently So here is the question: Do the Amer- lived and it ended rather abruptly; the majority out of play. The 25–50 mile range that ican people continue to subsidize big leadership ordered Chairman OBEY to pull the Republican bill after Republican bill— oil companies while they are making plug on that markup when it became evident and in fact Democrats also supported record profits, or do we shift our in- that they would lose a vote on off-shore drill- bills that have that 25-mile boundary vestment to cleaner, renewable fuels? ing. The Appropriations Committee has not in there and let the States open that b 1400 met since. All year long, the majority leadership has door, this doesn’t do that. This doesn’t I know it has been difficult for some abdicated its responsibility to have the Appro- produce any real new energy to solve to stand up to the White House and the priations Committee proceed under regular this problem. And it sets efficiency big oil companies. But the American order, largely relegating our work to the back- standards for utilities that can’t be people are demanding it. We must met in the time frame necessary. This make this transition and set new inno- burner. The assumption has been that BARACK bill will raise almost every American’s vative priorities for this country when OBAMA would be elected President in Novem- utility bill, some by as much as 100 per- it comes to energy. Our ground-break- ber. The assumption has been that the House cent in a decade, and it won’t produce ing effort, our reform and our new pol- majority would remain the House majority and the energy that it purports to produce. icy set this country on a path toward that an Obama administration would be more I think it’s a shame we’re bringing energy independence, particularly from inclined to support higher levels of spending in this rule to the floor. I will vote the Middle East. So today we will cast bills reflecting the majority’s budget priorities. against the rule. I am going to be aside the policies of the past and start Such a scenario, assumes that the House working hard to find another alter- down a path based upon the right en- pass very few bills, pass a continuing resolu- native to this bill. ergy priorities for America. tion, and leave the future of the remaining bills Ms. SLAUGHTER. Mr. Speaker, I I congratulate Speaker NANCY PELOSI unanswered until after the November election. yield 3 minutes to the gentlewoman for her leadership in crafting this com- But, what if JOHN MCCAIN is elected Presi- from Florida, a member of the Com- promise future-oriented bill, and I dent? And what if he draws an even harder mittee on Rules, Ms. CASTOR. thank my colleagues and the American line on spending than President Bush? What Ms. CASTOR. I thank the distin- people for their commitment to a new then? Is the Appropriations Committee going guished chairwoman from the Rules energy future for America. to do nothing for the next 4 years? Committee. I urge adoption of this landmark en- Because the legitimate work of the House is I rise in support of the landmark ergy bill and this rule. now being dictated by election-year politics, it Comprehensive Energy Security and Mr. HASTINGS of Washington. Mr. now appears that the Appropriations Com- Consumer Protection Act and this rule. Speaker, I’m pleased to yield 1 minute mittee will not meet again this year. It also ap- This represents the culmination of to the ranking member of the Appro- pears that we will not have a chance to de- years of debate over energy policy. And priations Committee, Mr. LEWIS of bate and consider a legitimate energy bill this it does contain numerous measures California. year. that have already been adopted by this (Mr. LEWIS of California asked and The vast majority of Americans support an body in a bipartisan fashion, but most was given permission to revise and ex- energy policy that includes off-shore drilling for importantly, this compromise energy tend his remarks.) oil and natural gas. But the majority leadership bill represents fundamental change in Mr. LEWIS of California. Mr. Speak- still doesn’t get it. Rather than working across the country’s energy future and a sig- er, I want to compliment my ranking party lines to develop a bipartisan bill—a con- nificant break with White House poli- member on the Rules Committee for a sensus bill—we can all support, the House is cies that give little priority to ending very fine statement that he made on being forced to consider a ‘‘take it or leave it’’ the Nation’s dependence on foreign oil. introduction to his opposition to this energy bill that leaves out over 80 percent of Instead, this is the kind of com- rule, and I rise in opposition to the rule known energy reserves off our coasts. prehensive and balanced energy initia- myself. This misguided strategy reflects decisions tive that the American people have The folks at home have gotten the made at the highest levels of the majority been calling for because it diversifies message relative to the level of com- leadership. It is especially disappointing to me our Nation’s energy portfolio and in- petence or incompetence of the United because in recent years the Appropriations vests in new technologies and innova- States Congress. Polls indicate that Committee has largely set aside partisan dif- tion. For example, we are going to our rates are somewhere at the 9 per- ferences to pass all of our bills in a timely make historic new investments in recent range, and there are serious fashion. More often than not, we have been newable energy through incentives for doubts about our capability to effec- able to say, ‘‘We have fulfilled our responsi- solar power and wind power that will tively address major issues and in a bility. We have done our work.’’ But not this have an additional benefit of producing sensible way come to conclusions that year. thousands of new jobs across America. make sense for them. This year, one issue—the high price of oil We have the technology to save en- As a matter of fact, Mr. Speaker, it and gas—has completely paralyzed the appro- ergy and to save consumers significant was 82 days ago today that in the full priations process and, indeed, the legislative money. And this bill strengthens en- Appropriations Committee I personally process in the House of Representatives. We ergy efficiency in residential and com- carried a substitute that would have are now two weeks away from the beginning mercial buildings and promotes con- opened the whole discussion and debate of the new fiscal year and what have we servation as well. And American fami- and the possibility of an up-or-down done? Nothing! Absolutely nothing! Instead, lies could use a little cost savings right vote of drilling off our Continental funding bills essential for every conceivable now. This energy bill also dramatically Shelf. There is little question there is function of government have been put on a expands domestic supply and oil drill- enough reserves if we will just tap shelf to avoid votes on offshore drilling, on oil ing because we realize that excessive them to assure American energy inde- shale, and drilling in ANWR. entanglements in the Middle East do pendence. In past years, when controversial issues not serve our national security inter- Since that time, the Appropriations have come to the full committee, we took ests. Committee has closed down, literally them head on.

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00031 Fmt 4634 Sfmt 9920 E:\CR\FM\K16SE7.058 H16SEPT1 jbell on PROD1PC69 with HOUSE H8162 CONGRESSIONAL RECORD — HOUSE September 16, 2008 During my service as chairman, we debated America understands the problem: And finally we are talking about cre- and considered raising the minimum wage, the Our Nation is addicted to oil. Con- ating jobs for Americans here at home millionaires’ tax, and the Truman Commission. sumers are paying record prices to heat in green industries and the renewable I was opposed to each of these amendments and cool their homes and drive their energies of the future, in the effi- but felt our Members—Republicans and cars and their trucks. Global warming ciencies of the future. That is what the Democrats—deserved to have their voices is a real, serious and growing problem. American energy future looks like. heard. Meanwhile oil companies are making And that is what this Congress is going Had the Interior bill been considered in full more money than ever before. to be able to vote on. And that is what committee on June 18 as originally scheduled, That is why Democrats made energy the American people are going to get the committee and the House would not be in a top priority when they took back the as a result, a bright, renewable, smart this position today. It would have broken the House and the Senate last year. We energy future. logjam and enabled us to complete our work. raised the fuel economy standards for Mr. HASTINGS of Washington. Mr. And, it would have given Members of the the first time in 30 years, overcoming Speaker, I am pleased to yield 2 min- House an opportunity to openly debate the the objections of the auto industry, the utes to the ranking member of the En- most important issue facing our constituents oil industry, the Republicans in Con- ergy and Commerce Committee, Mr. today. gress and the White House. And we BARTON of Texas. To me, preparing a long-term energy strat- passed one bill after another to im- (Mr. BARTON of Texas asked and egy is like preparing for retirement. It doesn’t prove America’s energy policy and its was given permission to revise and ex- happen overnight but takes careful, thoughtful, energy future, to expand wind, solar tend his remarks.) long-term planning. Addressing the OCS issue and other renewable energy sources, to Mr. BARTON of Texas. First of all, is just one leg of the energy stool (along with increase the efficiency and conserva- all you need to know about this bill is conservation, oil shale, renewables, etc.) just tion and our use of energy, to curb the title of section 1 of the bill. This is as a 401(k) plan is one leg of the stool when speculation in the oil markets so con- title 1, section 1, section 101, prohibi- planning for retirement. I believe we have to sumers would not be ripped off by the tion on leasing. Prohibition on leasing. take the long view just as we take the long oil speculators, to release oil from the This is a pretend bill. This is a bill that view when planning for retirement. It can’t and Strategic Petroleum Reserve so that has, once again, been put together in won’t happen overnight. small businesses, truckers and airlines the dead of night. I was notified by my Republicans and Democrats alike deserve would not be thrust into economic staff about 10:30 last evening that the an opportunity to have a straight up or down hardship and to recoup tens of billions Rules Committee was going to meet at vote on energy amendments addressing the of dollars from the oil companies that approximately 10:45 in the evening. I’m high price of oil and gas. Again, ‘‘all of the are unfairly taken from the taxpayers. not sure what time they did meet. We above’’ has been replaced with ‘‘take it or All of these are thrusting America into had prepared a number of amendments. leave it.’’ the future with respect to its energy We were led to believe that it might be Mr. Speaker, I don’t recognize this place resources, its supply and its usage. a rule that if you had an amendment to anymore. Once upon a time, members of the But every bill was opposed by a ma- the Rules Committee, it might be made People’s House worked together to serve the jority of the Republicans in Congress in order. We were even led to believe best interests of our country. Now, we either and by President Bush. This is sort of there might be a Republican substitute march in lockstop to the whims of the majority the Goldilocks of the energy debate, made in order. So we were prepared for leadership or we are left out of the legislative too much wind, not enough solar; too all of those, ‘‘we’’ being the Repub- process altogether. much solar, not enough energy; too licans on the Energy and Commerce When I first came to Congress, legislation much going after the speculators, not Committee. Of course this is a closed rule, which was drafted not by the Speaker of the House enough going after the oil companies; but by committee chairmen with jurisdiction means there are no amendments made too much going after the oil compa- over the issue of the day. Members of the mi- in order. There is a motion to recom- nies, not enough for the energy indus- nority party had every opportunity to partici- mit. It is a 260-page bill. It has over 100 try. They could never get it right. And pate in the debate by offering amendments. titles. If this bill were to become law, they could never support an energy But those days are no more. Members of the which it won’t, but if it were, there bill. And they have never been able, in minority party no longer have any rights. We wouldn’t be one barrel of oil developed all the time they controlled this Con- are basically told to ‘‘sit down and shut up’’ as a consequence of this bill because of gress, to move America into the future because the majority leadership knows best. title 1, section 1. This puts a perma- of energy, to move America into renew- This Member has had enough. And my con- nent moratorium in place on any area stituents have had enough. I encourage col- ables, to move America into efficiency. that is currently not under lease unless leagues on both sides of the aisle to join me They voted against it all. And they you comply with the very specific in- in rejecting this irresponsible approach to gov- didn’t propose it. And at the end of structions in this bill. And amongst erning. Let’s work together and openly debate their decade in Congress, gas was $4 a those are if you have an existing lease energy policy. Let’s vote on a consensus bill gallon. They controlled the White in the Gulf of Mexico that was author- that addresses the high price of oil and gas. House, and they controlled the Con- ized under the Deep Royalty Relief Remember, our constituents are closely gress. At the end of their decade, gas Act, I believe, of 1998, you have to go in watching this debate. They will remember was $4 a gallon. and renegotiate that lease before you what we do when they vote on November 4. So what are we able to do here can bid on any of these new leases. Ms. SLAUGHTER. Mr. Speaker, I’m today? We’re able to help consumers This is a bad bill. It is a terrible proc- pleased to yield 3 minutes to the gen- and the taxpayers by ending the sub- ess. tleman from California, the Chair of sidies to oil companies, subsidies that The SPEAKER pro tempore. The the Committee on Natural Resources, President Bush said were obsolete at time of the gentleman has expired. Mr. MILLER. $50 a barrel. Well they are certainly ob- Mr. HASTINGS of Washington. I Mr. GEORGE MILLER of California. solete today at $100 a barrel or $90 a yield the gentleman 15 additional sec- I thank the Chair. Mr. Speaker, I want barrel or $140 a barrel. But the Repub- onds. to thank the Rules Committee for licans are going to hold to those sub- Mr. BARTON of Texas. This is a ter- bringing this resolution to the floor so sidies. We are going to end the royalty rible process, a closed system and a po- we can debate on the energy bill and holiday, a holiday for oil companies litical sham. We should vote against vote on the energy bill later today. where they don’t have to pay royalties. the rule and then let those Democrats And I rise in very strong support of Where is the holiday for consumers? that wish to work with those Repub- this comprehensive, forward-looking Where is the holiday for the person licans that wish to to bring a bipar- bill that will provide relief at the commuting to work? Where is the holi- tisan product to the floor that can be pump, create good jobs in America and day for the person heating their home? voted on. The day before the election finally put our Nation on a path toward Not from the Republicans. They fought in the last Congress, the price for gaso- a clean, more independent and sustain- tooth and nail. The President fought line in Texas was approximately $2 a able energy future. Surely that is tooth and nail to hold on to those roy- gallon. The day Speaker PELOSI be- something that all of us can support. alty holidays. came Speaker, it was $2.33. Today it’s

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\A16SE7.020 H16SEPT1 jbell on PROD1PC69 with HOUSE September 16, 2008 CONGRESSIONAL RECORD — HOUSE H8163 pushing $4. If we don’t do something under both the Republican President amendments for nuclear. There are no about energy policy, it’s going to go and Congress, Republicans were only amendments to provide for drilling off- higher, not lower. able to open 8.3 million acres of leasing shore, no incentives, no amendments Ms. SLAUGHTER. Mr. Speaker, I in the Gulf of Mexico. And President for oil shale, no amendments to bring yield 3 minutes to the gentleman from Bush took 71⁄2 years, almost 71⁄2 years of in Canadian tar sand where they are Texas, a member of the Committee on his administrations to actually decide producing 1 million barrels a day. Mr. Energy and Commerce, Mr. GREEN. to take off the moratorium. So who Speaker, there is no beef in this legis- Mr. GENE GREEN of Texas. Mr. really wants to drill? lation. Many would say, ‘‘Where is the Speaker, I would like to thank our Over 350 million acres will be open. beef?’’ There is none. The rule needs to Chair of the Rules Committee for This bill is hundreds of millions more be rejected. yielding to me. I rise in strong support acres that are directly opened in con- b 1415 of our legislation H.R. 6899, The Com- trast to the Senate ‘‘Gang of 20,’’ or in prehensive American Energy Security the Senate Republican Leader MITCH Ms. SLAUGHTER. Mr. Speaker, I am and Taxpayer Protection Act and this MCCONNELL’s bill, his Gas Price Reduc- pleased to yield 21⁄2 minutes to the gen- rule. tion Act, which has the support of only tleman from Massachusetts (Mr. MAR- Why we identify this as a comprehen- 44 Republican senators. We open so KEY), the chairman of the Select Com- sive bill is very simple. Our country many more than even the Republican mittee on Energy Independence and needs a comprehensive legislation that leadership and the Senate wanted to, Global Warming. deals with energy. We need everything more acreage for exploration and pro- Mr. MARKEY. I thank the gentle- for our country to both be energy effi- duction. woman. cient but also to be able to afford it. Most importantly, we use the reve- Ladies and gentlemen, this is a very All sides of debate can longer insist on nues from oil and gas production to simple debate. The Republicans are the ‘‘it’s my way or the highway’’ ap- transition to a clean energy future. very upset that the Democrats are proach to energy. We need all energy Our bill would create a fund to invest going to take the oil companies and resources, both conventional and rein renewable, clean energy efficiency, make them pay taxes to the American newable. And everyone must be willing land and water conservation and people when they drill on the land to sacrifice to reach that common LIHEAP. Mr. Speaker, I could go on owned by the American people, and the ground. and on, and I will continue as we go to Democrats then want to move the I do not believe our bill goes far the debate. This bill is a drilling bill, money over to wind and solar and plug- enough to address all of our domestic but it’s also a future bill for comin hybrids for tax breaks. So the Demo- energy resources, especially nuclear prehensive energy production. crats are saying that America needs an energy. But however in every short- Mr. HASTINGS of Washington. Mr. oil change. So, as Mr. GREEN just said, coming there are positive concessions. Speaker, I am pleased to yield 1 minute we open up vast new areas where the Our legislation improves on a provision to the gentleman from Michigan, a oil industry can drill, drill, drill; drill, included in the original H.R. 6 by at member of the Energy and Commerce baby, drill. least freezing independent oil and nat- Committee, Mr. UPTON. But what we put into the bill is Mr. UPTON. Mr. Speaker, there is a ural gas producers at their current sec- something else as well. We put in reason why Congress is in the 9 percent tion 199 manufacturing deduction rate change, baby, change. Because we only favorable rating. We have not done the instead of a complete repeal. Our bill have 3 percent of the oil in the world, Nation’s business. I look at former modifies provisions from the flawed use we have 4 percent of the population, Chairman BARTON sitting in the second of ‘‘use it or lose it’’ legislation which and we consume 25 percent of the oil in row here. When we did the 2005 EPACT necessarily hammered future lease ac- the world on a daily basis. That is not bill, we had lots of amendments here a long-term recipe. quisitions. It retains but adds account- on the House floor, in fact, 23 different ability to the tainted Royalty-In-Kind So we need an oil change. And what Democratic amendments, some amend- we need to do and what we are going to Program that we all read about. ments to amendments. And some of It improves the management of the do is allow them to drill in thousands them would say at the end of the day Strategic Petroleum Reserve with an and thousands of additional acres, to that it was, in fact, a bipartisan bill be- go for the oil, to go drill, baby, drill, idea offered by my good friend from cause Congress worked its will. And I but then say we need back some of Texas, NICK LAMPSON, by allowing a would say some of them were pro-en- those tax breaks that you don’t need at swap for heavy crude which could im- ergy. Frankly, some of them were anti- mediately lower prices for consumers. $100 a barrel, $140 a barrel, $4 a gallon energy. One offered by Ms. SOLIS was at the pump. We don’t need to subsidize Most dramatically, our proposal will described as an amendment that you anymore. help utilize our domestic oil and nat- sought to delete refinery revitalization The taxpayer doesn’t need to be ural gas resources in the outer conti- provisions in the bill. Thank goodness tipped upside down and have money nental shelf. Our legislation incor- it was defeated. The bill moved for- shaken out of their pockets as tax- porates most of the offshore drilling ward, and it was signed into law. provision that I and other ‘‘Energy But today we have a new bill that is payers to hand over to the oil compa- Democrats’’ first introduced in the hundreds of pages long. We haven’t had nies, because they have already been LEASE Act by directing the immediate a single hearing in subcommittee or tipped upside down and had money opening of all areas beyond 100 miles full committee. We haven’t had a sin- taken out of their pockets as con- off our coasts. That is over 300 million gle markup in subcommittee or full sumers by the oil companies. acres of outer continental shelf that committee. And we have a rule that So we just take back those tax are automatically open to oil and nat- means when it comes to the House breaks, put a little bit of a tax on ural gas leasing. States are given the floor, there are no amendments allowed where they don’t pay any taxes at all, option to opt in the additional 50 to 100 at all. and where do we shift it over to? La- miles off their coast, an estimated 90 The Volt is an exciting new GM vehi- dies and gentlemen, we shift it over to million acres for production. cle that is going to be in the showroom wind and solar and green buildings and My friends on the other side of the by 2010. It needs to be plugged in. We plug-in hybrids. We shift it over to the aisle argue that this does not open need to have electricity to make it future. We unleash a technological rev- enough acreage in the Gulf of Mexico. I move. olution that will break our dependence agree. I would like to open up the east- The SPEAKER pro tempore. The upon imported oil. ern Gulf of Mexico. But there was an time of the gentleman from Michigan It is change, baby, change. It is inno- agreement made by the Republican has expired. vate, baby, innovate. These guys are a Congress in 2006 for Florida, and we are Mr. HASTINGS of Washington. I one-note organization. They have been not going to break that agreement on yield the gentleman 15 additional sec- since two oilmen went to the White the House side. onds. House 8 years ago. But let’s not forget the fact that dur- Mr. UPTON. There are no amend- Drill, baby, drill is not a long-term ing the height of the Republican rule ments in here for coal. There are no strategy.

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K16SE7.061 H16SEPT1 jbell on PROD1PC69 with HOUSE H8164 CONGRESSIONAL RECORD — HOUSE September 16, 2008 Mr. HASTINGS of Washington. Mr. This is a photo-voltaic panel. It is lican bill, which has all of the above, Speaker, I am pleased to yield 1 minute about 400 square feet, and it is plugged sets aside $8.8 billion that would be to another member of the Energy and into two plug-in electric hybrid cars. taken from the profits of this oil leas- Commerce Committee, the gentleman These are cars that run on electricity, ing, and that money would be put into from Arizona (Mr. SHADEGG). only electricity, for about 40 miles, and alternative and renewable energy. That Mr. SHADEGG. Mr. Speaker, this is a if you want to go further than 40 miles, money would go to the long-term solu- sad day for America. Contrary to what you use gasoline. This one system, a tion, which is electric vehicles. Lith- my friend from Massachusetts says, PV system, can power these two cars ium-ion car batteries would eventually there is no drill, drill, drill, no change for essentially 40 miles, and then you come on to the market. in this bill. There is not one drop of oil use gasoline if you want to go more But the reality is in the short-term in this bill. And let me explain why. than 40 miles. we cannot afford to do what the Demo- I went to the Rules Committee and This bill that the Republicans hate is crats want to do. In the last 2 years said that any oil produced under this going to give Americans a step forward that they have run the Congress, they bill will be challenged in lawsuits and to this future, which is the only future, have doubled the price of gas by put- there won’t be a drop produced. Let’s together with some biofuels and per- ting in place moratoriums, including put a limit on the lawsuits. The Rules haps even some other technologies, one on oil shale development, a mora- Committee said absolutely no. that can break the stranglehold of the torium, by the way, that is on three Why did I do that? Last year, the oil and gas industry over the American States, Utah, Wyoming and Colorado. Bush administration issued 487 leases consumer. And it is clear to me from We lift that moratorium in our bill be- in the Chukchi Sea. Environmental people at Boeing, who revolutionized cause of the reserves there. They do groups sued not 484 or 485 or 486. They commercial aircraft; from people at not. sued every single lease. Microsoft, who revolutionized software, We have a situation today where There are 748 leases also in Alaska in that now is a chance for Americans to what we would do is allow offshore the Beaufort Sea. The environmental- revolutionize the world of new clean drilling. Gazprom, the Russian oil ists have sued all 748. energy. giant, is up in the Arctic drilling. No. There were 12 drilling plans filed last We know that we need innovation, They say no drilling in the Arctic. Off year with the Minerals and Manage- not intransigence. We need invention, the coast of Florida, we watch as the ment Service to produce oil off of Alas- not insignificance. And we know we Cubans drill. No, we are not going to be ka. How many were sued? All 12. The can’t drill our way out of this problem. allowed to drill there. Center for Biological Diversity, the But we can, we must, and we will inno- They take 88 percent and take it off Natural Resources Defense Council, vate our way to a clean energy future. the table, and the other 12 percent, every single lease has been challenged This is a destiny of ours. It is a clean they say you have got to get the State in court. We could solve that problem energy destiny. to go along with. That means they just with limits, reasonable limits on liti- In addition, I would like to add that Tony continue this moratorium. This is out- gation. Markel is an employee of the National Renew- rageous. The SPEAKER pro tempore. The able Energy Laboratory. NREL is a national The SPEAKER pro tempore. The time of the gentleman has expired. laboratory that provides great data and re- time of the gentleman has expired. Mr. HASTINGS of Washington. I search on energy efficiency and renewable Mr. HASTINGS of Washington. I yield the gentleman an additional 15 energy; however, NREL does not generally yield the gentleman an additional 15 seconds. have a position on pending legislation, nor seconds. Mr. SHADEGG. But instead, the does it have a position on this bill, H.R. 6899. Mr. ROYCE. I appreciate that. Rules Committee said absolutely no, The SPEAKER pro tempore. The gen- Our own United States Air Force we want no limits on litigation. Not tleman from Washington has 113⁄4 min- would like to try coal-to-liquid. They only are there lawsuits filed by envi- utes remaining, and the gentlewoman would like to try gasification out of ronmental groups against every exist- from New York has 6 minutes remain- coal. This is used by South Africa to ing lease in Alaska and the lower 48, ing and the right to close. make gas. That is prohibited. The they filed a lawsuit against all future Mr. HASTINGS of Washington. Mr. Democrats won’t lift their moratorium oil leases. Speaker, I am pleased to yield 1 minute on that. Any American who believes this bill to the gentleman from Connecticut Clean coal, nothing in here for clean will produce one drop of oil is being de- (Mr. SHAYS). coal. Another prohibition brought to us ceived by the lawyers that will sue and Mr. SHAYS. Mr. Speaker, our side of by our friends on the other side of the sue and sue. the aisle is responding to three funda- aisle. Ms. SLAUGHTER. Mr. Speaker, I mental facts that have changed every- Ms. SLAUGHTER. Mr. Speaker, I yield 2 minutes to the gentleman from thing: An economic crisis, an energy continue to reserve. Washington (Mr. INSLEE), a member of crisis, and a national security crisis. Mr. HASTINGS of Washington. Mr. the Committees on Natural Resources Higher energy costs are bringing down Speaker, I am pleased to yield 1 minute and Energy and Commerce. our economy; energy bought from over- to the gentleman from Georgia (Mr. (Mr. INSLEE asked and was given seas is depriving us of American jobs; GINGREY). permission to revise and extend his re- and foreign purchase of energy is trans- Mr. GINGREY. Mr. Speaker, I thank marks.) ferring our wealth, $700 billion over- the gentleman for yielding. Mr. INSLEE. You know, if we were seas. This is threatening our very na- Basically, what the problem here is having this debate in the 1800s, some- tional security. the leadership on the Democratic side one would be arguing about need to We need a bill that has conservation, of the aisle are so focused on saving the preserve whale oil, because that was renewables, nuclear power, and, yes, planet that they are not going to save the dominant source of energy in the American oil and American gas. That the United States of America when we 1800s and they couldn’t see the emerg- American oil and that American gas are in this crisis over these oil prices ing transition to different fuels. And will pay for all the renewables we all and dependency on foreign countries. now we have some people in this Cham- want. It will help secure our Nation. It NANCY PELOSI herself, the Speaker of ber who don’t understand the transi- will grow our economy. And it will the House, said, ‘‘I want to save the tion of fuels for Americans, the only make sure that Americans have jobs, planet.’’ ‘‘I want to save the planet.’’ transition that has a chance of break- and our government has revenue. The majority leader of the Senate said, ing our addiction to oil and truly keep- Ms. SLAUGHTER. Mr. Speaker, I re- ‘‘All fossil fuel is poison and we need to ing down the price of energy. serve my time. get rid of it.’’ The gentleman from the I want to show you a transition fuel Mr. HASTINGS of Washington. Mr. Sierra Club, Carl Pope, the executive that is just on the cusp. I met a man Speaker, I am pleased to yield 1 minute director, said, ‘‘We are better off with- named Tony Markel. He works at the to the gentleman from California (Mr. out cheap oil, without cheap gas.’’ National Renewable Energy Labora- ROYCE). We are better off without cheap gas? tory in Golden, Colorado, two weeks Mr. ROYCE. Mr. Speaker, the point I Tell that to the people in the 11th Con- ago, and he showed me this. want to make here is that the Repub- gressional District back in Georgia

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K16SE7.063 H16SEPT1 jbell on PROD1PC69 with HOUSE September 16, 2008 CONGRESSIONAL RECORD — HOUSE H8165 when they are paying $4 and $5 a gal- and spent over $1 billion on fuel just in cided not to produce energy. We caused lon. the first quarter of this year. All of the shortage. We caused the high The bottom line, my colleagues, is these costs are passed on to the con- prices. We are the reason the oil com- what the Democrats have done is come sumer in the form of higher prices. panies have made huge profits. in here with a farce, a hoax of an en- The Air Transport Association says When you lock up supply, the price ergy bill, and say, okay, we know the each one penny increase in jet fuel triples. Whoever owns it gets rich. American people, 85 percent of them costs the aviation industry $200 million That’s how it works, folks. We need to want an energy bill and they want to a year. Jet fuel has gone up far more open up supply, bring prices down and be able to drill. than one penny, leading to much high- give America energy to heat their The SPEAKER pro tempore. The er fares for the hundreds of millions homes and drive their cars so that they time of the gentleman has expired. who fly each year. can afford to pay for them. Mr. HASTINGS of Washington. I The hoax of a bill that we consider Ms. SLAUGHTER. Mr. Speaker, I re- yield the gentleman an additional 15 today is not a good bill, Mr. Speaker. serve the balance of my time. seconds. Mr. HASTINGS of Washington. Mr. b 1430 Mr. GINGREY. I thank the gen- Speaker, can I inquire if my friend, the tleman. Ms. SLAUGHTER. Mr. Speaker, I distinguished Chair of the Rules Com- They want this, and they want it continue to reserve the balance of my mittee, has any other speakers? now. time. Ms. SLAUGHTER. Yes, Mr. Speaker, I just want to call my colleagues’ at- Mr. HASTINGS of Washington. Mr. I have one further speaker, and then I tention to this Charlie Brown cartoon. Speaker, I am pleased to yield 2 min- will close. This young man is Charlie Republican. utes to the gentleman from Pennsyl- Mr. HASTINGS of Washington. Mr. This is Lucy Democrat. Lucy Democrat vania, a Member of this body who has Speaker, at this time I am very pleased has teed up an energy bill that includes been absolutely steadfast on the propo- to yield 1 minute to the Republican drilling, but when Charlie Brown goes sition of expanding our energy supply, leader, Mr. BOEHNER of Ohio. to kick that field goal, she yanks it Mr. PETERSON. Mr. BOEHNER. Let me thank my away. That is what the Democrat ma- Mr. PETERSON of Pennsylvania. Mr. colleague from Washington for yielding jority has done, and it is shameful, Mr. Speaker, I rise today with a heavy and suggest to my colleagues that we Speaker. heart. are engaged in exactly what the Amer- Ms. SLAUGHTER. I continue to re- America is in a crisis for affordable, ican people are sick of, and that is po- serve. available energy. Our folks back home litical games here in Washington that Mr. HASTINGS of Washington. Mr. want us to sit down and figure out how are intended to be political games and Speaker, I am pleased to yield 1 minute to have available, affordable energy. to have no outcome. to the gentleman from Tennessee (Mr. Four hundred Members of Congress, in- Mr. Speaker, we have a bill that will DUNCAN). cluding me, who have been involved in be up soon. I don’t know how many Mr. DUNCAN. Mr. Speaker, I rise in this debate for years, this morning pages it is, because I haven’t seen it opposition to this very misnamed bill found out there is a 290-page bill that yet. Of course, there is no Member of and the rule that brings it to the floor. we are going to vote on today with no Congress who has seen this bill and no First, it claims to be a comprehen- amendments. Member of Congress who has read it be- sive bill, yet it has nothing about nu- That’s not the process of how to get cause it was introduced last night at clear energy, clean coal or increasing to a solution. That’s the political proc- 9:45. It’s going to be up this afternoon, refinery capacity and halts much oil ess. This is a political process, not a a bill that no one has seen, has been shale development. Second, and more process about solving America’s energy through no committee, written in the importantly, it has no reforms or limi- crisis. dark of night behind closed doors. tations on lawsuits by special interests Mr. MARKEY’s just sharing with us But what we do know about it is that environmental groups. that we are holding back wind and it locks up about 88 percent of the Radical environmental groups have solar and geothermal. That’s not true. known resources off our shores. We are successfully used lawsuits, the courts There is no Member of Congress that I the only country in the world that and administrative procedures to stop know of that won’t fund all of those. doesn’t allow drilling on the Outer or drastically slow down all types of The Peterson-Abercrombie bill funds Continental Shelf, and this locks up 88 energy production and have really shut every renewable that’s on the books for percent of it. down this country economically in 5 years. It funds all the conservation Is that a way to get to more energy? many, many ways. They have opposed programs that both parties have We have a bill that does all of the not only drilling for oil, but also thought of, and it funds environmental above on our side. But when you look digging for any coal, cutting any trees, cleanups. It incentivizes all the forms at their bill, there is nothing about any or, heaven forbid, any new nuclear of energy that will help us get to where nuclear energy in there, nothing about plants. They want to go to wind power, we need to be. coal-to-liquids or coal to gas, nothing but they oppose putting up any wind- The Pelosi bill, unfortunately, talks that is going to bring us, really, more mills. with one hand of opening up drilling. American energy. I have noticed that almost all radical On the other hand, it locks it back up On top of all that, it has a big tax in- environmentalists come from very because of a 50-mile setback, and then crease in it. If that isn’t bad enough, wealthy or very upper-income families. States are supposed to open it up when we have an earmark in the bill, an ear- Perhaps they aren’t hurt by high gas Members of Congress don’t have the mark of $1.2 billion for the City of New prices, high utility bills, higher prices courage to, with no reward of a roy- York, for some railroad bonds. This is for everything made out of wood and alty. No State legislature is going to not the way the American people want higher prices for everything. But al- open up the second 50 miles and get no us to get our jobs done. They want us most all middle- and lower-income peo- royalties. to work together. They want us to lis- ple are hurt by these higher prices. America doesn’t want this political ten to them, and they want us to do The SPEAKER pro tempore. The rhetoric. America wants us to sit down their will, and that’s not what’s hap- time of the gentleman has expired. as Republicans and Democrats. They pening today. If all this isn’t bad Mr. HASTINGS of Washington. I don’t want a Republican bill or a Dem- enough, the rule that we are consid- yield the gentleman an additional 30 ocrat bill. They want us to sit down ering to allow this legislation to come seconds. and discuss energy into the night, day to the floor doesn’t even allow the mi- Mr. DUNCAN. The trucking and rail- after day, until we get it right, and we nority, the Republican Members of the road industries have been hit especially fix and provide America available, af- House, to offer a substitute, no amend- hard by higher diesel fuel costs. The fordable energy. ments, no substitute. president of Burlington Northern and Folks, we can do that. We have lots Now, it was Ms. PELOSI, back when Sante Fe Railroad told me his company of reserves. Twenty-eight years ago we she was the minority leader, that spent $1 billion on fuel in all of 2003, started locking up our reserves and de- called for this to be the most open and

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K16SE7.067 H16SEPT1 jbell on PROD1PC69 with HOUSE H8166 CONGRESSIONAL RECORD — HOUSE September 16, 2008 fair and ethical Congress in history. does for American companies to It would direct the Secretary of the She said that bills should come to the produce American-made energy. Interior to expedite these applications floor generally under an open rule that This is not an energy bill for average for renewable energy; direct the Sec- would allow us to offer amendments, Americans. I am a small-town guy. I retary to also prioritize Federal land but, no, there are no amendments al- plead with you, come to small-town across the country, which could be lowed. America, see what these provisions, used for renewable energy projects, and There is no substitute allowed. This these plans are doing to average Amer- by local governments. It directs the is intended for one purpose and one icans in the middle class. It’s killing Secretary to identify all Federal lands purpose only, as this bill is coming to them. around the country that are suitable the floor, so that some of my col- Don’t punish America. Unleash the and feasible for alternative projects. leagues in the majority, the Democrat resources that we have to help Amer- It’s unfortunate this would not be party can say, we voted on energy. ica. heard by the majority party. This is Didn’t do anything. They know this Ms. SLAUGHTER. May I inquire if something that is important to move bill that they are bringing has no my colleague has more speakers? this process along. chance of becoming law, and yet they Mr. HASTINGS of Washington. Mr. Mr. Speaker, Congress needs to act now to are bringing it up under a scenario Speaker, I have two additional individ- encourage the development of renewable re- which is, frankly, unfair. There is not uals, and then I am prepared to yield sources on Federal lands, but as always bu- one Member, one Member of this back. reaucracy and red tape are interfering with the Chamber, who doesn’t understand that Ms. SLAUGHTER. Mr. Speaker, I re- process. this is unfair. serve the balance of my time. I am proud to introduce legislation that will Mr. HASTINGS of Washington. Mr. This rule should be defeated. Let’s go remove regulatory and bureaucratic delays Speaker, I am very pleased to yield 1 back to the drawing boards and do this that are impeding the development of renew- minute to the gentleman from Cali- right, and we can do it right in very able energy projects on available Federal fornia, a Member who served here pre- short order and have this bill on floor lands in resource rich states like my home viously and who was very active on yet this week. state of Nevada. Ms. SLAUGHTER. Mr. Speaker, I this issue, Mr. LUNGREN. According to the Department of Interior, Mr. DANIEL E. LUNGREN of Cali- continue to reserve the balance of my there are currently 210 solar energy applica- fornia. I thank the gentleman for yield- time. tions pending with the Bureau of Land Man- ing. Mr. HASTINGS of Washington. Mr. agement (BLM) and 217 applications pending Mr. Speaker, I have been listening to Speaker, I am pleased to yield 11⁄2 min- with the BLM for wind energy projects. this debate with much interest as I no- utes to the gentleman from Michigan, My legislation would help alleviate the bu- tice the anti-drillers on the other side a member of the Energy and Commerce reaucratic hurdles and delays and streamline of the aisle straining to prove that Committee, Mr. ROGERS. the application process needed to move re- their bill actually includes real drill- Mr. ROGERS of Michigan. Mr. newable energy projects forward as we seek ing. Speaker, this is the trouble when you to address the current energy crisis. So you listen to it, and it appears My legislation will also: introduce bills to hurt somebody, to they are lip-synching their message try to punish somebody. When the Ensure that when leasing or buying Federal while the special interests, environ- lands, developers of renewable energy Democrats took over a couple of years mental extremists and lawyers, are ac- ago, they said they had a secret plan projects shall be able to lease or buy the pub- tually writing and singing their anti- lic land at the existing value fair market value, they were going to lower gas prices. energy lyrics. No, no, no, no, no, that’s The problem was the plan was deeply not the price of the land once the plant is built what we are hearing. and improvements are made; rooted in punishing average Ameri- It just appears to me that the Demo- cans. Expedite an efficient process for the submis- crats have brought us their 290-page sion and consideration of renewable energy If you drive a minivan, you are bad, bill, and they are trying to display it and you are wrong. If you use elec- projects; as their newest legislative Grammy Direct the Secretary of Interior to expedite tricity at home, you are wrong. If you winner. What it really is is nothing all those applications for renewable energy commute more than 40 miles to work, more than their newest version of projects currently in the logjam of bureaucratic you are wrong. So you have developed Drilli Vanilli. delays; a plan that punishes them, and we are Ms. SLAUGHTER. Mr. Speaker, I re- Direct the Secretary to prioritize Federal seeing the impact of that in every com- serve the balance of my time. land transfers for renewable energy projects to munity in this country. Mr. HASTINGS of Washington. Mr. local governments; and Single moms are having a difficult Speaker, I am very pleased to yield 1 Direct the Secretary to identify all Federal time packing their kids up. They have minute to the gentleman from Nevada lands around the country that are suitable and got to be at three events, they have got (Mr. PORTER). feasible for alternative energy projects. to pay for child care. They have got to Mr. PORTER. I appreciate this op- A brief reminder of why renewable energy stop and get gas to get them there. portunity. development is important to the Nation: What they said is, you are wrong. You Mr. Speaker, unfortunately an The economic impact of new renewable en- are wrong for working that hard. amendment that I proposed was shut ergy projects is immense—hundreds of thou- What this bill does is it says ‘‘no’’ to out by the Democratic majority re- sands of jobs to develop and operate these more than it says ‘‘yes.’’ You want to garding renewal energy projects on power plants, bringing new tax dollars into hurt somebody so bad, oil companies, public lands. rural communities, where unemployment is Alaskans, middle-class families. You As you know, Nevada is on the fore- high and a boost to the local economies are are in such a hurry to do that, you front of a renewable energy. We have sorely needed. have created a bill that hurts them the third largest solar facility in the Renewable power plants reduce the Na- more. world in my district. tion’s dependence on fossil fuels and imports, If you go home and try to put your I have made some suggestions, so I enhancing our national security, improving our kids on the Internet to do their home- have had to drop my own bill, since the balance of payments, and stimulating our work, it will raise their monthly bill. If leadership would not allow this to be economy. you cook their food on the stove, it heard, to ensure that when leasing or Renewable power plants improve our envi- will raise their monthly bill. If you put buying Federal lands, developers of re- ronment, reducing greenhouse gases and food in the refrigerator, this bill will newable energy shall be able to lease or clearing our air. raise their monthly bill. buy the property at existing fair mar- I urge my colleagues to support this legisla- It does nothing to help middle-class ket value. tion, families. This is a slap in their face. It would expedite the process. We Ms. SLAUGHTER. Mr. Speaker, I You say no to biomass, no to coal, no want to make sure if there is a solar or yield 5 minutes to the gentleman from to shale oil, no to nuclear because you geothermal facility or wind or, what- Oregon, a member of the Committees don’t like it. This bill makes it easier ever alternative energy, it is an expe- on Natural Resources and Transpor- for China to drill off our coast than it dited process. tation, Mr. DEFAZIO.

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K16SE7.069 H16SEPT1 jbell on PROD1PC69 with HOUSE September 16, 2008 CONGRESSIONAL RECORD — HOUSE H8167 Mr. DEFAZIO. I thank the gentlelady the White House, George Bush and DICK Mr. HASTINGS of Washington. Mr. for yielding. CHENEY, took over; from $30 billion a Speaker, my plea to those Democrats If you listen to the Republicans here year to $160 billion this year, every who proclaim their support for more today, you would think that Detroit penny of that extracted from the pock- drilling and making America more en- can’t make more efficient automobiles, ets of American consumers and Amer- ergy independent, I urge you to vote something the Republicans blocked for ican business. An unbelievable, unprec- ‘‘no’’ against this sham bill by voting 12 years, which we did within the first edented breath-taking run-up in prof- ‘‘no’’ on the previous question. By de- year of taking back power here in the its. feating the previous question, I will House. And they say now they are concerned move to amend the rule to make in They are saying that our electric and want a change. They don’t really order H.R. 6566, the American Energy generators can’t produce 15 percent, want a change. They don’t want this to Act. one-sixth of their energy from renew- change. They want us to continue to be Mr. Speaker, I ask unanimous con- able resources. In the United States of dependent on oil and foreign oil and, sent to have the text of the amendment America in the 21st century, we can’t yeah, maybe a smidgeon more of do- and extraneous material inserted into get 15 percent from renewables? We mestic oil. the RECORD prior to the vote on the have to rely on fossil fuels? Now they have a few other whoppers previous question. Do you believe that they say that the out there today. They say no drilling The SPEAKER pro tempore. Is there oil companies can’t afford to pay the in Alaska. Whoops, sorry, wrong, guys. objection to the request of the gen- American taxpayers fair royalties for Actually, this bill would push the in- tleman from Washington? the nonrenewable resources they are dustry to get off its rear and begin to There was no objection. extracting from our Federal land? If extract oil from the former Naval Pe- Mr. HASTINGS of Washington. Mr. you do believe all that, then you prob- troleum Reserve, renamed the National Speaker, once again I urge my col- ably believe that they do have a plan Petroleum Reserve Alaska by the Re- leagues to vote ‘‘no’’ on the previous for independence and energy sustain- publican Congress and put out for leas- question because that means we will ability for the future. ing. It has been leased. Bill Clinton, in have a vote on both their bill and our Now the gentleman there spoke ear- fact, did the first leases. But guess bill. lier, the gentleman from Washington, a what, 10 years later not a drop of oil, Mr. Speaker, I yield back the balance good friend, about a fig leaf hiding an even though the known reserves, and of my time. embarrassing fact or problem. There is why was it the Naval Petroleum Re- Ms. SLAUGHTER. Mr. Speaker, this one huge fig leaf over this debate serve for 80 years, because we knew whole debate boils down to one issue today, and here is what is under the fig there was a pile of oil under there, a today: whose side are you on? Which leaf: George Bush, holding hands with huge pool of oil under there, more than side are you on, the side of the persons the King of Saudi Arabia. 10 billion barrels. who sent you here, your constituents Now the Bush administration, last No one knows if there is any oil and the businesses that you represent, time I checked, same party affiliation under the Alaskan National Wildlife or are you on the side of the oil compa- as that side of the aisle, the Repub- Refuge, but they want to talk about nies? I urge a ‘‘yes’’ vote on the pre- licans, led by Vice President CHENEY, the refuge. They don’t want to talk vious question and on the rule. last time I checked, a member of the about the fact that their friends in the The material previously referred to Grand Old Oil Party, wrote an energy hugely profitable oil industry have by Mr. HASTINGS of Washington is as bill in secret. They pushed for it for 5 failed to extract any oil from the follows: years. known 10 billion barrels of reserves in AMENDMENT TO H. RES. 1433 OFFERED BY MR. When the Republicans controlled ev- the Naval Petroleum Reserve Alaska. HASTINGS OF WASHINGTON erything, the House, the Senate and This bill would push for production Strike all after the resolved clause and add the White House, they jammed through there, push them to connect it to the the following: their energy bill over the objections of existing pipeline, and push them to That immediately upon the adoption of many on our side of the aisle who said bring that oil down to the lower 48. this resolution the House shall, without wait, no, this isn’t a forward-looking As Members on my side said earlier, intervention of any point of order, consider we need a transitional fuel. We need to in the House the bill (H.R. 6899) to advance energy policy. It’s going to make us ac- the national security interests of the United tually more dependent on imported oil, enhance our oil supply; this bill would States by reducing its dependency on oil and it’s going to make us more depend- do that. We also need to go after nat- through renewable and clean, alternative ent on fossil fuels, and it’s not going to ural gas in a much more robust way, a fuel technologies while building a bridge to give us a new energy future that the cleaner fuel, a fuel of which we have the future through expanded access to Fed- American people need. It’s not going to significantly more reserves here in the eral oil and natural gas resources, revising make us more efficient, more sustain- United States of America which we the relationship between the oil and gas in- able and more affordable. don’t need to import if we develop dustry and the consumers who own those re- those reserves. This bill would do that. sources and deserve a fair return from the Now they are trying to hide that fig development of publicly owned oil and gas, leaf. Now they have also talked about The SPEAKER pro tempore. The gen- ending tax subsidies for large oil and gas the price per gallon, that when Speaker tleman’s time has expired. companies, and facilitating energy effi- PELOSI became Speaker almost 2 years Ms. SLAUGHTER. Let me give the ciencies in the building, housing, and trans- ago, there has been a big run-up in gentleman an additional 30 seconds. portation sectors, and for other purposes. All prices. Mr. DEFAZIO. This bill would also points of order against consideration of the Whoops. Here is when George Bush reform royalties. It would end the bill are waived except those arising under took office. Gas was about $1.45 a gal- party. The Minerals Management Serv- clause 9 or 10 of rule XXI. The bill shall be considered as read. All points of order lon; today, bumping back up, over $4 in ice under the Bush administration was swapping oil or something for royal- against provisions of the bill are waived. The some hurricane areas. previous question shall be considered as or- Now there is something else that ties, or maybe it was sex, drugs and dered on the bill to final passage without in- goes along with that that they don’t rock and roll. This bill would reform tervening motion except: (1) three hours of want to talk about, and this is what’s that process. debate equally divided and controlled by the really going on here, folks. This bill would bring back integrity, chairman and ranking minority member of fiscal responsibility, and give us a sus- the Committee on Natural Resources; (2) an b 1445 tainable, renewable and cleaner energy amendment in the nature of a substitute They want to talk about relief for future. Vote for a new future, not the consisting of the text of H.R. 6566, the Amer- American consumers. They don’t give a same old Big Oil, Grand Oil Party plan. ican Energy Act, as introduced, if offered by fig leaf about relief for American con- Mr. HASTINGS of Washington. Mr. Representative Boehner of Ohio or his designee, which shall be in order without inter- sumers. Speaker, I yield myself the balance of vention of any point of order or demand for This is what the debate is all about. my time. division of the question, shall be considered Look at the obscene growth in profits The SPEAKER pro tempore. The gen- as read, and shall be separately debatable for of the oil industry since the oil men in tleman is recognized for 30 seconds. 3 hours equally divided and controlled by the

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K16SE7.072 H16SEPT1 jbell on PROD1PC69 with HOUSE H8168 CONGRESSIONAL RECORD — HOUSE September 16, 2008 proponent and an opponent; and (3) one mo- I move the previous question on the been adopted. The previous question shall be tion to recommit with or without instruc- resolution. considered as ordered on the bill and any tions. The SPEAKER pro tempore. The amendment thereto to final passage without question is on ordering the previous intervening motion except one motion to re- (The information contained herein was commit with or without instructions. provided by Democratic Minority on mul- question. SEC. 2. During consideration in the House tiple occasions throughout the 109th Con- The question was taken; and the of H.R. 6842 pursuant to this resolution, not- gress.) Speaker pro tempore announced that withstanding the operation of the previous THE VOTE ON THE PREVIOUS QUESTION: WHAT the noes appeared to have it. question, the Chair may postpone further IT REALLY MEANS Ms. SLAUGHTER. Mr. Speaker, on consideration of the bill to such time as may This vote, the vote on whether to order the that I demand the yeas and nays. be designated by the Speaker. previous question on a special rule, is not The yeas and nays were ordered. The SPEAKER pro tempore. The gen- merely a procedural vote. A vote against or- The SPEAKER pro tempore. Pursu- tleman from Massachusetts is recog- dering the previous question is a vote ant to clause 8 of rule XX, further pro- nized for 1 hour. against the Democratic majority agenda and ceedings on this question will be post- Mr. MCGOVERN. Mr. Speaker, for a vote to allow the opposition, at least for the moment, to offer an alternative plan. It poned. the purpose of debate only, I yield the is a vote about what the House should be de- f customary 30 minutes to the gentleman from Texas (Mr. SESSIONS). All bating. PROVIDING FOR CONSIDERATION Mr. Clarence Cannon’s Precedents of the time yielded during consideration of OF H.R. 6842, NATIONAL CAPITAL House of Representatives, (VI, 308–311) de- the rule is for debate only. scribes the vote on the previous question on SECURITY AND SAFETY ACT GENERAL LEAVE the rule as ‘‘a motion to direct or control the Mr. MCGOVERN. Mr. Speaker, by di- Mr. MCGOVERN. I ask unanimous consideration of the subject before the House rection of the Committee on Rules, I being made by the Member in charge.’’ To consent that all Members be given 5 defeat the previous question is to give the call up House Resolution 1434 and ask legislative days in which to revise and opposition a chance to decide the subject be- for its immediate consideration. extend their remarks on House Resolu- fore the House. Cannon cites the Speaker’s The Clerk read the resolution, as fol- tion 1434. ruling of January 13, 1920, to the effect that lows: The SPEAKER pro tempore. Is there ‘‘the refusal of the House to sustain the de- H. RES. 1434 objection to the request of the gen- mand for the previous question passes the Resolved, That at any time after the adop- control of the resolution to the opposition’’ tleman from Massachusetts? tion of this resolution the Speaker may, pur- in order to offer an amendment. On March There was no objection. suant to clause 2(b) of rule XVIII, declare the 15, 1909, a member of the majority party of- Mr. MCGOVERN. Mr. Speaker, I yield House resolved into the Committee of the fered a rule resolution. The House defeated myself such time as I may consume. Whole House on the state of the Union for the previous question and a member of the Mr. Speaker, H. Res. 1434 provides for consideration of the bill (H.R. 6842) to re- opposition rose to a parliamentary inquiry, the consideration of H.R. 6842, the Na- asking who was entitled to recognition. quire the District of Columbia to revise its laws regarding the use and possession of fire- tional Capital Security and Safety Act, Speaker Joseph G. Cannon (R–Illinois) said: under a structured rule. The rule pro- ‘‘The previous question having been refused, arms as necessary to comply with the re- the gentleman from New York, Mr. Fitz- quirements of the decision of the Supreme vides 1 hour of general debate con- gerald, who had asked the gentleman to Court in the case of District of Columbia v. trolled by the chairman and ranking yield to him for an amendment, is entitled to Heller, in a manner that protects the secu- minority member of the Committee on the first recognition.’’ rity interests of the Federal government and Oversight and Government Reform. Because the vote today may look bad for the people who work in, reside in, or visit The rule waives all points of order the Democratic majority they will say ‘‘the the District of Columbia and does not undermine the efforts of law enforcement, home- against consideration of the bill except vote on the previous question is simply a clauses 9 and 10 of rule XXI. The rule vote on whether to proceed to an immediate land security, and military officials to pro- vote on adopting the resolution [and] has no tect the Nation’s capital from crime and ter- makes in order the amendment in the substantive legislative or policy implica- rorism. The first reading of the bill shall be nature of a substitute printed in the re- tions whatsoever.’’ But that is not what they dispensed with. All points of order against port if offered by Representative have always said. Listen to the definition of consideration of the bill are waived except CHILDERS. That amendment is debat- the previous question used in the Floor Pro- those arising under clause 9 or 10 of rule XXI. able for 1 hour. The rule also provides cedures Manual published by the Rules Com- General debate shall be confined to the bill one motion to recommit with or with- and shall not exceed one hour equally di- mittee in the 109th Congress, (page 56). out instructions. Here’s how the Rules Committee described vided and controlled by the chairman and the rule using information from Congres- ranking minority member of the Committee Mr. Speaker, I stand before this sional Quarterly’s ‘‘American Congressional on Oversight and Government Reform. After House as a supporter of the second Dictionary’’: ‘‘If the previous question is de- general debate the bill shall be considered amendment, but also as a strong sup- feated, control of debate shifts to the leading for amendment under the five-minute rule. porter of sensible gun safety legisla- opposition member (usually the minority The amendment recommended by the Com- tion. I also stand here as a strong sup- Floor Manager) who then manages an hour mittee on Oversight and Government Reform porter of the elected Government of of debate and may offer a germane amend- now printed in the bill shall be considered as the District of Columbia, and I respect ment to the pending business.’’ adopted in the House and in the Committee their right to enact and execute their Deschler’s Procedure in the U.S. House of of the Whole. The bill, as amended, shall be Representatives, the subchapter titled considered as the original bill for the pur- own laws. ‘‘Amending Special Rules’’ states: ‘‘a refusal pose of further amendment under the five- Apparently, and unfortunately, not to order the previous question on such a rule minute rule and shall be considered as read. all of my colleagues agree. They be- [a special rule reported from the Committee All points of order against provisions in the lieve that Members of Congress from on Rules] opens the resolution to amend- bill, as amended, are waived. Notwith- other States have the right to dictate ment and further debate.’’ (Chapter 21, sec- standing clause 11 of rule XVIII, no further matters that are best left to local gov- tion 21.2) Section 21.3 continues: Upon rejec- amendment to the bill, as amended, shall be tion of the motion for the previous question ernments. in order except the amendment in the nature On June 26, 2008, by a 5–4 decision in on a resolution reported from the Committee of a substitute printed in the report of the on Rules, control shifts to the Member lead- Committee on Rules accompanying this res- the Heller case, the Supreme Court ing the opposition to the previous question, olution. That amendment may be offered upheld a ruling of the Federal Appeals who may offer a proper amendment or mo- only by the Member designated in the report, Court which found the District’s ban on tion and who controls the time for debate shall be considered as read, shall be debat- handgun possession to be unconstitu- thereon.’’ able for the time specified in the report tional. It is important to note that the Clearly, the vote on the previous question equally divided and controlled by the pro- court stipulated that this right is not on a rule does have substantive policy impli- ponent and an opponent, and shall not be cations. It is one of the only available tools unlimited; they reaffirmed that ‘‘any subject to amendment. All points of order gun, anywhere’’ is not constitutionally for those who oppose the Democratic major- against that amendment are waived except ity’s agenda and allows those with alter- those arising under clause 9 or 10 of rule XXI. protected. native views the opportunity to offer an al- At the conclusion of consideration of the bill In response to the ruling, the D.C. ternative plan. for amendment the Committee shall rise and City Council passed, and the mayor Ms. SLAUGHTER. Mr. Speaker, I report the bill, as amended, to the House signed, emergency legislation to tem- yield back the balance of my time, and with such further amendment as may have porarily allow District residents to

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\A16SE7.017 H16SEPT1 jbell on PROD1PC69 with HOUSE September 16, 2008 CONGRESSIONAL RECORD — HOUSE H8169 have pistols in their homes. The coun- steadfast representation of the Dis- District’s illogical ban on the most cil will continue their work this week trict, and for bringing H.R. 6842 to the popular home and self-defense weapons, by making those changes permanent. floor today. I urge my colleagues to restore the right of self-defense in the Mr. Speaker, the elected D.C. City support her legislation and to vote home, repeal the District’s inten- Council and the elected mayor are ‘‘no’’ on the Childers amendment, and I tionally burdensome registration proc- committed to complying with the Hell- look forward to the debate today. ess, and allow D.C. residents to finally er decision. The plaintiff in the case, I reserve the balance of my time. purchase handguns and defend them- Dick Heller, was quickly allowed to Mr. SESSIONS. Mr. Speaker, as you selves in their own homes. keep a gun in his home. might guess, I rise in opposition to this Mr. Speaker, I understand that as But that is not good enough for my rule, to the underlying legislation, and, early as today, that the D.C. City friends on the other side of this debate. I believe, to the entire process that got Council may be meeting to address this They believe it is not good enough for this bill here today, which I believe issue. But I remain concerned about the D.C. Government to comply with represents little more than an oppor- what the same authors of the so-called the court’s ruling. They believe they tunity for this Democratic majority to ‘‘emergency’’ legislation that violated can take this opportunity to shove the thumb its nose at the Supreme Court’s the Supreme Court’s ruling just a few agenda of a single special interest, the recent ruling upholding an individual’s months ago, may try to pass in order gun lobby, down the throats of the citi- right to keep and bear arms, while also to continue to drag their feet and to zens of the District of Columbia. providing some of its vulnerable Mem- deny D.C. residents their constitu- Mr. Speaker, it is beyond insulting; bers with a meaningless political cover tional rights to protect themselves and it is arrogant. I ask my friends on the vote leading up to this fall’s election. their families in their own home. This other side, how would they like it if Since taking control of this House al- Congress should not be on record try- Congress enacted laws that took away most 2 years ago, Mr. Speaker, this ing to avoid what is the law of the local control in their own commu- Democrat majority has done every- land. nities? Maybe Congress should decide thing in its power to prevent Repub- Because of the Council’s dem- whether the ‘‘Adventures of licans who agree with the Supreme onstrated past willingness to abide by Court that residents of the District of Huckleberry Finn’’ can be assigned in our Nation’s laws, I believe that it is Columbia have the right to self-de- the Dallas County schools. Maybe Con- important that this House pass the fense, like every other American cit- gress should decide whether a new Wal- substitute amendment on behalf of all izen, having a vote on this issue, is Mart can be built in Tupelo, Mis- law-abiding citizens who want to exer- very important. In fact, last year it sissippi. Maybe Congress should decide cise their constitutional rights within was the Democrats’ need to prevent a how many firefighters the Macon, the District of Columbia. vote on this very issue that brought Georgia Fire Department should have. Additionally, as the administration the debate on providing the District of I promise you, Mr. Speaker, that if notes in their statement of policy on Columbia with a voting Member of we tried to bring any of those things to this legislation, the underlying bill in Congress to a screeching halt. its current form would do nothing the House floor, my friends on the Today, however, the Democrat ma- more than direct the D.C. City Council other side of the aisle would be down jority has been forced to bring this to reconsider within 180 days the emer- here screaming about big government measure to the floor because of a rap- gency firearms legislation it passed in and local control. But when it comes to idly growing bipartisan support for a July, and which will expire in October, doing the bidding of the gun lobby, competing measure to comply with the regardless of this House’s action on they have decided that Congress knows Supreme Court’s affirmation of D.C. this matter. This means that if this best. residents’ constitutional rights. Isn’t it legislation is passed without the sub- It is bad enough that the citizens of amazing? The District of Columbia the District of Columbia have to en- went to court and found out that they stitute amendment provided for by this dure taxation without representation had to follow constitutional rights. rule, the legislation’s only effect would every single day. And it is bad enough And there’s also a fear by the Demo- be to give the City Council even more that even though soldiers from the Dis- crat majority that a discharge petition time to drag its feet and remain non- trict of Columbia can fight and die that has already won the support of 166 compliant with the directives of the wearing the uniform of the United Members of Congress, the passage of highest court in our land. States, they do not have the right to a which the Washington Post has re- Mr. Speaker, it really should not be full vote in the United States Congress. cently said would be ‘‘deeply embar- so difficult to write a law that is com- We should be strengthening the Dis- rassing to the House leadership and pliant with the Constitution. trict’s right to govern itself, not could infrastructure the party’s House Mr. Speaker, I would like to submit trouncing on it. For years, Congress contingent.’’ this Statement of Administration Pol- treated the District of Columbia as its Mr. Speaker, instead of providing icy in opposition to this bill and in sup- little fiefdom. The amendment made in real, meaningful policy solutions to port of the substitute amendment in order under this rule would take us make the lives of law-abiding citizens the CONGRESSIONAL RECORD. back to those bad old days. of the District of Columbia safer, today STATEMENT OF ADMINISTRATION POLICY Again, the purpose of the underlying we are taking up a measure that would H.R. 6842—NATIONAL CAPITAL SECURITY AND bipartisan legislation before us today continue to subvert the wishes of our SAFETY ACT is to require that the D.C. Government Founding Fathers, as recognized and (Del. Norton (D) District of Columbia and comply with the Heller decision within affirmed by the Supreme Court, while Rep. Waxman (D) California) 180 days. There is simply no need, there also allowing Members to have a vote The Administration supports the objective is no justification for this Congress to on an excellent substitute amendment behind H.R. 6842 of revising the District of Columbia’s firearms laws to ensure their go beyond the Heller decision and im- which I fear will be dead on arrival conformity with the Second Amendment as pose sweeping changes to the self-gov- when it reaches the Democrat-con- interpreted by the Supreme Court in District ernance of D.C. But that is exactly trolled Senate. of Columbia v. Heller. The bill in its present what the Heller amendment would do, This substitute amendment, which I form, however, would do nothing more than easing access to guns, eliminating gun strongly support and have cosponsored, direct the District’s City Council to recon- registration, and making D.C. law en- along with 115 other bipartisan col- sider the emergency firearms legislation forcement’s job to protect its residents leagues, would recognize that D.C.’s that it unanimously passed in July. Because and the visitors that come here that ban on handgun possession in the home that emergency legislation must by law expire in October, H.R. 6842 simply requires the much harder. violates the second amendment, as does the District of Columbia’s prohibi- Council to do what it is effectively required b 1500 to do already (in far less time than the 180 tion against rendering any lawful fire- days that would be required by this bill). This will, in no way, make our Na- arm in the home operable for the pur- Therefore, the Administration strongly option’s capital a safer place. pose of immediate self-defense. poses this legislation unless it is amended to Mr. Speaker, I want to thank Con- To correct this injustice, the sub- include the provisions of H.R. 6691, the Sec- gresswoman HOLMES NORTON for her stitute amendment would repeal the ond Amendment Enforcement Act.

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\K16SE7.077 H16SEPT1 jbell on PROD1PC69 with HOUSE H8170 CONGRESSIONAL RECORD — HOUSE September 16, 2008 The Administration strongly supports H.R. must respond, and, of course, within vote against it and because people 6691 because it would immediately advance two weeks it had responded. Council didn’t want to be seen voting against Second Amendment principles by directly was about to go out of town; could have such a bill. protecting the individual right of law-abid- gone out of town and waited until the So why the substitute? ing District residents to keep and bear com- The short answer, Mr. Speaker, is be- monly used firearms not only to protect Council reconvened today, but it al- themselves and their families but also to lowed registration to occur by passing cause the NRA says so. It’s a short an- protect their homes and property. H.R. 6691 a stopgap measure. It didn’t change swer. It’s a long answer. It’s the only would ensure that law-abiding residents of much because there was no time for answer. NRA has proudly announced to the District have a meaningful opportunity hearings. But Heller himself, Dick every reporter in town that they wrote to procure lawful firearms without undue Heller, has registered under that bill. the bill, that they told the Members delay, as well as the ability to keep those They are voting, ironically, as I what to do, and that’s why the bill is firearms readily accessible for self-defense speak, on a permanent bill that I think coming to the floor. They have used a without having to unlock or assemble them combination of campaign funds and, in the face of imminent danger. H.R. 6691, every Second Amendment advocate which has bipartisan support, would respon- would support because it more than frankly, terror in the hearts of some sibly balance individual rights with the pub- meets the Heller decision. Democrats at least about their own re- lic safety by expanding the practical oppor- Mr. Speaker, I understand the very election. Who knows if the NRA will tunities to keep and bear arms for lawful painful dilemma that the Democratic succeed, but people are afraid. purposes in the District within the reason- leadership and our own caucus has been The public lie that’s being pandered able limits imposed by the Federal firearms put in. 5 days after commemorating here is that the NRA bill was necessary laws. 9/11, Democrats were met in a dark because the District isn’t complying Mr. Speaker, I encourage all my col- alley with a ‘‘do or die’’ demand from and won’t comply. Never mind that if leagues to support the substitute the NRA pointing a proverbial gun at D.C. didn’t comply Congress could amendment to hold D.C. accountable to their re-election. This puts many overturn District law because Congress the Supreme Court, to the laws of this Democrats in a terrible position. can overturn any law the Council land, and to provide its residents with For example, Speaker PELOSI and passes. But D.C. has already begun to all the constitutional rights enjoyed by Majority Leader HOYER have spent comply. They put in a stopgap meas- other American citizens, and to oppose their careers protecting the Federal ure. Heller is, in fact, registered. They the underlying legislation. presence. They have spent their careers did that as they were going out of Mr. Speaker, I reserve the balance of supporting home rule and voting town. my time. against bills just like the substitute The SPEAKER pro tempore. The Mr. MCGOVERN. Mr. Speaker, this amendment which has been made in time of the gentlewoman has expired. debate is nuts. The Childers amend- order. Mr. MCGOVERN. I yield the gentle- ment, among other things, would allow It is this substitute amendment woman another 2 minutes. stockpiling of military-style weapons which has dismayed and, I must tell Ms. NORTON. As we’re speaking, the with high capacity ammunition maga- you, even angered many in this House, Council is voting on permanent legisla- zines. It would undermine Federal anti- because what the rule gives with one tion that no gun supporter could op- gun trafficking laws. It would prohibit hand, it takes back with another. pose. It puts no limit on the number of D.C. from enacting commonsense gun Some people are dismayed because guns you could have in your homes. It laws. It would repeal commonsense re- they are gun safety advocates, and we allows unlocked semi-automatic fire- strictions on gun possession by dan- haven’t been able to get a new assault arms in the home, and it uses other gerous unqualified persons. It repeals weapon bill passed through the House. measures to protect District residents all age limits for the possession and Some people are dismayed because it and to protect the Federal presence, carrying of long guns, including as- is the energy bill they want to con- such as restrictions, for example, on sault rifles. It allows gun possession by tinue to talk about and other national the age when a child can get a gun. many persons who have committed vio- business, and now they’re talking But Members are being asked to cast lent or drug-related misdemeanor about a local council issue. a dangerous vote on a dangerous rule, crimes. It allows many persons who are Some are dismayed because they’ve followed by a vote on a dangerous bill dangerously mentally ill to obtain fire- always supported home rule. And some that not only has no public purpose, arms. It repeals registration require- are dismayed because this is a bill that but flies in the face of the overriding ments for firearms. It repeals all safe threatens, in the worst way, the Fed- public purpose of the Congress of the storage laws. eral presence. We’re putting not just United States since 9/11, and of the cur- Mr. Speaker, it is my view that, if, in the District at risk. That’s par for the rent administration, to protect the fact, we enacted the Childers amend- course. We’re putting the entire Fed- country beginning with protecting the ment, that we would create a situation eral presence, every Federal official, Nation’s Capital. where we put more people in danger. every dignitary, from the President of You didn’t hear it from me. You This is not about security for the the United States to Federal employees heard it from the Capitol Police if you citizens of D.C. This, quite frankly, is working in cabinet agencies, every were at the hearing. You heard it from about insecurity. What this amend- man, woman and child who works, vis- the Park Police which has jurisdiction ment is is one big fat wet kiss to the its or lives in the District of Columbia, throughout the region. You heard it. National Rifle Association. is put at risk by a bill that the NRA These are the Federal police that have At this point, Mr. Speaker, I yield 5 has insisted come to the floor. enforcement authority. And you heard minutes to the gentlewoman from the We have before us, if this bill passes, it from the head of the D.C. Police De- District of Columbia, Ms. ELEANOR one of the most permissive gun laws in partment, the largest Police Depart- HOLMES NORTON. the country. Post-9/11, the United ment in the region, the woman who set Ms. NORTON. I thank the gentleman States House of Representatives would up the Department’s Homeland Secu- for yielding. I very much appreciate be passing a bill, should this rule sur- rity section, which put her in daily that the Rules Committee, under the vive, that arms an entirely new set of touch with the top Federal security gentleman, has made the Waxman-Nor- people that most jurisdictions would network. ton Home Rule bill in order, and par- prefer not to have guns at all, children. I have no idea, Mr. Speaker, what ticularly Chairman WAXMAN for afford- No age limit, for example. People just will happen if this matter passes this ing a hearing which exposed the dan- released from a mental institution, session. I know what I will do. But gers of this bill, so much so that the like John Hinckley, that is people who even if the danger penetrates here or in NRA was driven back to the drawing are voluntarily committed and then re- the Senate, let me give you fair warn- board to change at least some of it. Un- leased, people convicted of very serious ing, your districts are going to hear fortunately, they’ve left a very dan- crimes, all could get a gun because of about what you do today. This has been gerous bill anyway. the NRA bill. Why? blown up into a national matter be- Our Home Rule bill says 180 days The Waxman-Norton bill passed 21–1 cause you are threatening the safety of after the Heller decision, the District because there wasn’t any reason to the entire Federal presence and every

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\A16SE7.016 H16SEPT1 jbell on PROD1PC69 with HOUSE September 16, 2008 CONGRESSIONAL RECORD — HOUSE H8171 dignitary and every Federal employee I rise very forcibly in favor of this provisions undermining an individual’s here. bill. I think that it is a good rule and ability to provide for their own self-de- No Member of Congress who regards a good underlying bill, and I’m proud fense and the self-defense of their fam- herself or himself as responsible Mem- to support it. ily and their children. bers should want their name attached I agree with my colleague, my former Currently, there are no registered in the 110th Congress to this bill, not to colleague on the Rules Committee, the firearms dealers within the District of the attached bill. I ask you to consider gentleman from Texas, when he says Columbia, so the amendment made in that before you go home and try to ex- that this is an internal struggle within order will waive Federal law for D.C. plain why you endangered the Presi- the Democratic majority, within the residents and simply allow them to dent of the United States and visitors Democratic Party over this piece of lawfully purchase a handgun either in to Washington like themselves. legislation just as I think, Mr. Speak- the State of Virginia or in the State of b 1515 er, that they’re engaged in an internal Maryland. struggle over the issue of whether or Mr. Speaker, it’s imperative that we Mr. SESSIONS. Mr. Speaker, you not to allow drilling on the Outer Con- fully enforce the Supreme Court’s rule know, I find it very interesting that tinental Shelf for both oil and natural and restore second amendment rights the gentleman from Massachusetts gas and to utilize our own resources to to residents of our Nation’s capital. I talks about ‘‘those Republicans that bring down the price of energy and the strongly support the amendment in the have forced us into having to bring this price at the pump to the American peo- nature of a substitute. I urge all of my bill to the floor today.’’ ple who are suffering so badly. colleagues to support this amendment Mr. MCGOVERN. Will the gentleman In that particular legislation, of and, if it is adopted, the underlying yield? course, the leadership is in favor of, Mr. SESSIONS. I will yield. bill. Mr. Speaker, of saving the planet. The Mr. MCGOVERN. Mr. Speaker, I yield Mr. MCGOVERN. I didn’t accuse the Republicans of forcing. I said ‘‘those on leadership of the Senate is in favor of 4 minutes to the gentleman from New the other side of this debate.’’ getting rid of all fossil fuels, which he York, the Chair of the Appropriations Mr. SESSIONS. I appreciate the gen- characterizes as poison; the leader of Subcommittee on Financial Services tleman clarifying that. Sierra Club says it would be a good and General Government, which over- Reclaiming my time, the gentleman thing if we had to pay $10 and $12 a gal- sees the District of Columbia, Mr. accused those who are on the other side lon for gasoline at the pump. That’s SERRANO. of the debate of forcing this issue the leadership. Mr. SERRANO. Mr. Speaker, I rise in today. But there are many, Mr. Speaker, in support of the rule that would allow Well, Mr. Speaker, this is an internal the Democratic majority rank and file, the Norton bill and in strong opposi- struggle within the Democratic Party. if you will, the Blue Dog Coalition, tion to the amendment that treats the The gentleman who brought the bill to they’re struggling. They’re struggling District of Columbia as a colony. the floor today chaired the Rules Com- very badly with that type of policy. I have said many times that Congress mittee last night. I heard no voice op- And I think they would feel just as we needs to stop imposing its will on the position to the rule, to the substitute; do on this side of the aisle that in these residents of the District of Columbia. and yet today we hear they were being dire economic times, it’s time to save As chairman of the subcommittee that forced into doing this by the other side, not the planet, but to save the United overseas the District, I have made non- those who opposed the bill. But it’s States of America. interference in District affairs a pri- their bill. It’s their internal fight. It’s Mr. Speaker, I rise, as I say, in strong ority of my oversight. D.C. does not their internal disagreement. It’s their support of the amendment in the na- need a second mayor and does not need argument that they’re having among ture of a substitute the Rules Com- a second city council, although there their own family members. mittee has made in order for this legis- are Members here today who seem in- So for the record, let me just state lation. The right of an individual to terested in serving for both. the Republican Party is for following keep and bear arms is one of the most The amendment to Delegate NOR- the law. We do believe the Supreme basic rights provided to all Americans TON’s bill is particularly offensive. Court got it right. We believe that it is by our Bill of Rights. Under the cover of forcing D.C. to com- wrong to bring a bill to the floor as the On June 26, 2008, the Supreme Court ply with the Supreme Court ruling, it majority party, the Democratic Party, reaffirmed that very right for the resi- instead guts D.C.’s ability to protect has done to try and circumvent and dents of the Nation’s capital in its rul- its citizens from unnecessary violence. lengthen out the time that was given ing on the case of the District of Co- I sincerely believe that supporters of by the Supreme Court for someone to lumbia v. Heller. The Court’s 5–4 deci- this amendment are seeking to impose come into compliance with the law. sion rightfully deemed the long- on D.C. that which they would never And we do believe that what the standing ban on handguns in the homes impose on their own communities sim- Rules Committee did last night was of law-abiding citizens in the District ply because D.C. is under their control not open and honest and not about of Columbia to be unconstitutional. and they’re not accountable to D.C. more accountability. We believe what Mr. Speaker, in theory, the result of residents. What the heck, it’s the Dis- they did was to handle a political mat- this ruling should have simply allowed trict of Columbia; use it as a testing ter that is a fight that they’re having Washington, DC, residents to have the ground for anything you can’t do back among themselves. same second amendment rights as the home. The Republican Party is pleased to rest of this country. Unfortunately One of the most unpleasant features be here on behalf of taxpayers and law- though, the D.C. City Council chose to of our current democracy is the fact abiding citizens who want to protect ignore the will of the Supreme Court that many millions of U.S. citizens in themselves. We believe that this sub- by passing an ordinance that continues the District, Puerto Rico, and other stitute amendment, which has been to infringe upon the rights of individ- territories do not have fair and equal made in order by the Rules Committee, uals constitutionally protected. representation here in Congress but in- is the better of the two bills. The strongly bipartisan amendment stead are left to the subject of the But to say that somebody is strug- in the nature of a substitute for H.R. whims of a Congress elected by citi- gling or some outside forces are forcing 6842 properly addresses the underlying zens. this bill upon this Democrat majority issue to enforce the will of the Su- D.C. is a jurisdiction that does not is absurd. preme Court. It does so by repealing need constant congressional meddling Mr. Speaker, at this time I would the District of Columbia’s current ban in local affairs. Their gun laws are no like to yield 5 minutes to the gen- on semi-automatic pistols, which are exception. They know best how to keep tleman from Georgia and my former the most commonly owned handguns in their citizens and residents like us safe colleague on the Rules Committee, Dr. this country. It also repeals the need- from the threat of deadly gun violence. GINGREY. less requirement that a lawful firearm The Supreme Court asked them to Mr. GINGREY. Mr. Speaker, I thank in the home must be either disassem- modify their laws to comply with the the gentleman for yielding. bled or bound by a trigger lock; these Constitution. The District is doing so

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\K16SE7.108 H16SEPT1 jbell on PROD1PC69 with HOUSE H8172 CONGRESSIONAL RECORD — HOUSE September 16, 2008 in a responsible manner. In fact, today more domestic drilling, abruptly an- from the drilling in your waters?’’ And they are meeting to consider amend- nounced last week that they were he only laughed out loud. ments to bring their firearm laws in going to bring an energy bill to the I assume that the Democrat major- compliance with the Supreme Court floor with drilling. ity, in saying that unlike the Gulf ruling. The underlying Norton bill Now for those of us who have been States that get some 39 percent of the would ensure that they continue to do clamoring for a comprehensive energy revenues that are drilled in their wa- so. bill that included more drilling, more ters under existing agreements, I as- Unfortunately, this amendment conservation, more fuel efficiency, sume the Democrat majority believes would tie the hands of city officials to solar, wind, nuclear, this was welcome that States will opt in to drilling out impose even the most basic reasonable news. And imagine how anxious we of the goodness of their hearts, out of safety measures and goes far beyond were late last week to wait for the their patriotism. Maybe not. what the Supreme Court has required. Democrat bill to be filed, assuming we They say ‘‘yes’’ to drilling, but the It would, for instance, prohibit gun would have the weekend to examine it. lack of litigation reform will allow en- registration, prohibit any ban on pur- And as we waited throughout the vironmental lawyers to swarm over chasing in another State and bringing first day of the week yesterday, it any new leases, even those that are the gun to D.C., remove a clip limit— wasn’t until 9:45 last night that a 290- permitted more than 50 miles out, and now, are you ready for this one—pro- page bill was filed on this floor. And we they’ll be tied up in court for years before a single drop is pumped. hibit the D.C. Government from dis- found that the drill-nothing Congress In their legislation, there’s a renew- couraging gun purchase and ownership. has introduced legislation that is es- able mandate that literally could cause In other words, you can tell people sentially a drill-almost-nothing bill; electrical rates between now and 2012 not to drink and drive; you can tell and I want to speak about that in the to skyrocket on working Americans. them to practice safe sex; you can tell very limited time that we have. There’s no commitment to increasing them not to drop out of school; but you So while I oppose the rule, I want to our refinery capacity. There’s huge tax can’t tell them that it’s not a good idea speak about what is bearing upon the increases on oil companies. As I’ve to buy a gun. American people, bearing upon Amer- asked before to my citizens in Indiana, This is, my friends, congressional co- ican families and school systems and ‘‘Who among you thinks by raising lonialism at its worst. Our rule is not seniors, and that is the unbridled and taxes on oil companies you’re going to to override and interfere with local unprecedented weight of the cost of en- lower the price of gasoline at the compliance with Supreme Court rul- ergy in America. pump?’’ That’s usually a laugh out ings. The citizens and residents of D.C. As Wall Street reels from another fi- loud moment in town hall meetings. deserve our respect. This amendment nancial crisis, as we hear unemploy- That’s what passes for the Democrat fails that basic test. ment numbers that are heartbreaking bill. Mr. SESSIONS. Mr. Speaker, at this to real working Americans, most The SPEAKER pro tempore (Mr. time I would like to yield 6 minutes to Americans know the high cost of en- SERRANO). The time of the gentleman the distinguished gentleman from Indi- ergy is costing American jobs. has expired. ana (Mr. PENCE). And so on the one day that the Dem- Mr. SESSIONS. I yield the gentleman Mr. PENCE. I thank the distin- ocrat majority will allow us to debate an additional 1 minute. guished gentleman from Texas for his their comprehensive strategy for en- Mr. PENCE. I thank the gentleman leadership and for yielding this time. ergy independence, I want to speak for yielding. And I rise to oppose this rule. I sup- about what the substance of that bill I say to my Democrat colleagues, port the Childers amendment in the is. many of whom I respect deeply and form of a substitute. I am left to won- Now, as I said, the drill-nothing Dem- with whom I work on a broad range of der, as I’m sure any of our countrymen ocrat Congress announced they were issues, on behalf of our constituents looking in are wondering why, after going to bring this energy bill to the that are struggling under the weight of only learning of the Democrat’s energy floor. It includes more drilling, and record gasoline prices, don’t do this. bill last night at 9:45 on the House, we now many of them have said in many Don’t do it this way. This Congress is have taken some sort of a timeout corners of the national media that Re- better than that. We have a bipartisan majority in this from a contentious, and I thought, sub- publicans have to take ‘‘yes’’ for an an- Congress, including some men and stantive debate on the Democrat en- swer. Well, I would suggest to my coun- women that I am looking at right now, ergy bill that will be brought up, I as- trymen, before you sign a contract, who, if given the opportunity, would sume, within an hour. read the fine print. The Supreme Court of the United come together in a bipartisan way and States has already ruled on this issue. b 1530 pass legislation that said ‘‘yes’’ to I understand there is some disagree- The fine print of this contract is pro- more real drilling, but also ‘‘yes’’ to ment in the Democrat majority over foundly disappointing to those of us conservation, ‘‘yes’’ to fuel efficiency, how it’s to be handled from a funding that were looking to give the bipar- ‘‘yes’’ to solar and wind and nuclear. But we can’t say ‘‘yes’’ with a back- standpoint, but what I don’t under- tisan majority of this Congress that room deal brought to the floor of the stand is the timing. supports a comprehensive energy strat- Congress, given one day of debate, no Mr. Speaker, to be honest with you, I egy, that includes a real access to amendments, and jammed through the look across this aisle, I see men and America’s domestic reserves, a fair up- American people. women that I respect deeply and with or-down vote. Let’s end the charade. Let’s stop whom I have worked on issues, some- The drill-nothing Democratic Con- playing politics with American energy times in nontraditional ways. And so I gress is essentially, as I said, a basi- independence. Let this Congress work would not accuse my colleagues that cally drill-almost-nothing. Here’s some its will, and we will come together on are here on the floor doing their duty examples. They say ‘‘yes’’ to drilling in a strategy that works for all of our Na- of any ill motive. But I have to wonder their bill but not in Alaska, not in the tion. about a Democrat majority that intro- eastern gulf and not within 50 miles of Mr. MCGOVERN. Mr. Speaker, first I duces this discussion about gun control our country. want to thank the gentleman from In- on the one and only day that they are They say ‘‘yes’’ to drilling in the bill, diana for his interesting speech on going to permit us to debate their en- but they say States can decide on drilling. I have to tell him it hasn’t ergy bill. whether we drill off their coasts, but convinced me to support the Childers And I think the American people are we will give the States no revenues amendment on guns. Maybe he’s imply- entitled to know, Mr. Speaker, the whatsoever for allowing us to drill. The ing that more guns on the street means Democrat Party in the Congress, after Governor of a coastal State was on the cheaper gas prices, but I don’t think he spending the last 20 months telling floor of the Congress today. When I even believes that. their constituency and the American said, ‘‘What’s the likelihood that your At this point, I would like to yield 1 people that there would never be a vote State will permit drilling if we offer minute to the gentleman from Mis- allowed on this floor that would permit your State legislature no revenues sissippi (Mr. CHILDERS).

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\K16SE7.081 H16SEPT1 jbell on PROD1PC69 with HOUSE September 16, 2008 CONGRESSIONAL RECORD — HOUSE H8173 Mr. CHILDERS. Mr. Speaker, I rise So we ask ourselves why. Well, there Federal relationship with local com- today in support of the rule to H.R. are two reasons. The first reason comes munities. 6842, the National Security and Safety to us out of the curious visage that we The first fight I ever had on this floor Act. I was pleased the Rules Com- have before us as Members, who in the was when Bob Giaimo and I pried loose mittee made in order my amendment past would not vote to drill a tooth, the money for the District subway in the nature of a substitute, which is now embracing oil derricks as if they when the Appropriations Committee directly in line with H.R. 6691, the Sec- were endangered darter snails. was trying to dictate local transpor- ond Amendment Enforcement Act. The question is why. It’s because, as tation policy. I didn’t like bullying My sole intention with my amend- has been pointed out by many of my then, and I don’t like it now. ment is to make clear law-abiding citi- colleagues, this bill is not a drill bill, That’s why, since that time, I’ve gen- zens in the District of Columbia are af- and drilling is, by the way, a tech- erally voted ‘‘present’’ whenever the forded self-protection rights within nique. It is a technique that meets the Congress tries to play city council and their homes. I do not seek to cir- goal which is maximum American en- dictate local business. I do that as a cumvent or take away any power from ergy production, and in that, this bill protest against Congress acting like the District of Columbia. However, I do falls short. In fact, while you might be we’re elected city councilmen. believe we should respect, even if we tempted to judge this book by its Most Members of this Congress would disagree with, the opinions of the Su- cover, the Dems are in the details and fight to preserve local authority for preme Court. no drilling will occur, for many of the their own communities, but they don’t I look forward to debating my sub- reasons put forward earlier. hesitate to destroy it when the District stitute amendment in the near future, So you ask yourself why. Why would of Columbia’s around. Well, I, for one, and I welcome the thoughts and con- we not expand supply? Why would we was not elected to be a D.C. city coun- cerns of my fellow colleagues in the not allow Americans to access their cilman. I’m not paid to be a D.C. city House of Representatives. own domestic energy resources to help councilman. If I’m expected to vote on Mr. SESSIONS. Mr. Speaker, at this successfully transition to American en- their issues, I want to know where is time, I’d like to yield 5 minutes to the ergy security and independence? my check from the District govern- chairman of the Republican Policy The reality is this. There are people ment? Committee, the gentleman from Michi- who believe that high energy prices If Members of this body want to decide D.C. policy instead of running for gan (Mr. MCCOTTER). will help make this transition nec- the Congress, they ought to run for the Mr. MCCOTTER. Mr. Speaker, I rise essary, will force the American people district council, and they ought to cut to oppose the rule, and like our pre- to radically change their lifestyles in their paychecks to the District council vious speaker from Indiana (Mr. the pursuit of some abstract dystopia level. That’s what I believe, and that’s PENCE), I do support the Childers put forward by radical environmental- why I will vote ‘‘present’’ on the under- amendment in the nature of a sub- ists and others who seek to undo the lying bill, and I will vote ‘‘present’’ on stitute. But I, too, find it ironic that industrial age in American economic any amendment thereto as a protest to we are discussing this today when we prosperity during this transition to a Congress idiotically playing city coun- have so little time to discuss America’s globalized economy. cil on this or any other issue. future energy security and energy inde- That is the real basis of this discus- Mr. SESSIONS. Mr. Speaker, we re- pendence. sion. That is the basis of this debate. spect this Congress’s ability to consult Earlier today we’ve heard that we We can have an all-of-the-above energy with and work with city councils and will be confronting landmark legisla- strategy that responsibly transitions local governments. But to suggest in tion. I concur with this assessment. America into a future of energy secu- any way that this Congress should be Unfortunately, it will not be a land- rity and independence, or we can have trying to help anyone or collude with mark energy policy. It is going to be a a radical restructuring of their very them to extend time frames that have landmark in political cynicism. lifestyle through the government regu- been established already by the highest We’ve heard much about a com- lation and rationing of American en- court of this land, that I believe was a promise being struck. Yet as a member ergy. reasonable answer—the gentleman of a party that has not been consulted The consequences upon the people of from Wisconsin believes it was a rea- on this legislation, let alone involved this country will be devastating and, in sonable answer—is a different kind of in a free, open, and transparent proc- the end, they will not be fooled. For issue. ess, we are left but to assume there’s a while this bill comes before us and we And that’s all this bill really does compromise amongst the Speaker her- are told the Republicans should not today, gives the city council more self, potentially radical special interest take ‘‘yes’’ for an answer, the reality is time; wait till after the election before groups, and maybe members of her own this: The American people will not mis- this tough issue can be decided any fur- caucus that were privileged to be a take ‘‘no’’ for a solution, and in the ther by that body and by this. part of its drafting behind closed doors. end, they will also come to the conclu- I think it’s a mistake to wait. I think Then what do we celebrate, as we’ve sion that by not increasing American it’s a mistake to intervene, and I think heard the word ‘‘celebrate’’ this land- supply of their own energy resources, it’s a mistake not to follow the law mark legislation so much? What do we this deadbeat, drill-nothing Democrat that the Supreme Court has laid out celebrate? Do we celebrate the end of Congress is Big Oil’s best friend. for the D.C. government. D.C. govern- the House as a free, open, transparent Mr. MCGOVERN. Mr. Speaker, I ment needs to follow the law, needs to institution where the voices of the know this debate’s getting a little follow the Constitution. They’ve been American people are expressed through wacky, but I want to thank the gen- told that a long time. They’ve fought their servants in this Congress, to have tleman from Michigan. In those 5 min- it. They’ve done all they can. They an influence on legislation, to have an utes that he spoke, the big oil compa- lost. The Supreme Court issued the de- impact on legislation? Or do we actu- nies that the Republicans have been so cision. It’s time to follow the law. ally, more, commemorate the loss of an supportive of have made $1.7 million in Mr. Speaker, we reserve our balance. individual’s ability to serve as legisla- profits. Mr. MCGOVERN. Mr. Speaker, I yield tors rather than as radical rubber I yield 2 minutes to the chairman of 2 minutes to the gentleman from Ten- stamps for legislation placed under the Appropriations Committee, the nessee (Mr. TANNER). their noses? gentleman from Wisconsin (Mr. OBEY). (Mr. TANNER asked and was given What does this legislation do? Well, Mr. OBEY. Mr. Speaker, I happen to permission to revise and extend his re- it increases a lot of things. It increases agree with the Supreme Court decision marks.) utility prices. It increases gas prices, on the gun issue. I’ve always felt that Mr. TANNER. Mr. Speaker, I thank increases taxes, increases everything those who claimed that there was not the Rules Committee for allowing me but energy. And as we know, this is not an individual protection in the second this 2 minutes. what the American people demand. It amendment for gun owners were oddly Those of us who support the Childers is not what the American people de- mistaken. But the issue facing us amendment are not here of our voli- serve. today is not about guns. It’s about the tion. We’re here because the Supreme

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\K16SE7.083 H16SEPT1 jbell on PROD1PC69 with HOUSE H8174 CONGRESSIONAL RECORD — HOUSE September 16, 2008 Court of the United States, in a clari- ment of D.C. responded. They did not have seen substantial drops in uninten- fication ruling regarding, in this case, correct its machine gun ban, which, tional firearm deaths compared with the second amendment to the Constitu- unlike Federal or State laws, defines States without those laws. And, in fact, tion, said that it’s the law of the land machine guns to include semi-auto- a gun in the home is 22 times more and certain things must be done. matic firearms. Well, guess what, Mr. likely to kill a family member or a This Childers amendment does this Speaker, almost every weapon in friend than it is to ward off an intruder and only this. It does not, for example, America today is a semi-automatic or be used in self-defense. have any provisions that would limit firearm. You can’t duck hunt without a The substitute amendment will re- the ability of the independent authori- semi-automatic firearm. Very few pis- peal the District’s ban on semi-auto- ties of D.C., such as a public housing tols can be purchased that are not matic guns. Even a .50 caliber semi- authority, from restricting firearms. It semi-automatic firearms. automatic sniper rifle is allowed, does not repeal the ammunition ban. It D.C. failed to eliminate its ban on op- whose manufacturer publicly adver- does not do anything in terms of strict erable firearms within the home, al- tises that it can pierce the fuselage of liability for gun manufacturers, as the lowing a person to assemble and load a a jet airplane from miles away. Talk District law provides, provisions re- firearm at home only if a criminal at- about making a mockery of our home- garding exemptions. tack is underway. In other words, if land security rhetoric. And the amendment will require Vir- b 1545 someone breaks into your house in D.C., you’ve got to say, excuse me, Mr. ginia and Maryland to sell guns to D.C. All it does is what we would do rou- Intruder, would you pause a moment residents, breaking with decades of tinely around here if it were any other while I assemble my gun? This bill Federal gun trafficking laws, forcing group of American citizens in any makes no sense, and that’s why the the Commonwealth of Virginia to allow State or territory. We would say, look, Childers amendment is in order and guns to fall into the hands of the men- the Supreme Court changed the law of that’s why I will be supporting it tally unbalanced and into the hands of the land that Congress is going to today. criminals. We have already seen this enact enabling legislation to allow for Mr. SESSIONS. Mr. Speaker, I con- happen with Virginia Tech. How dare that decision to be instrumental and tinue to reserve. this Congress overturn Virginia’s State put into place. And you will do the Mr. MCGOVERN. Mr. Speaker, I yield laws without even consulting them. same whether you live in California, 1 minute to the gentlelady from the Who does the NRA think it is? There New York, Tennessee, the District of District of Columbia. is no reason we’re debating this issue Columbia, Hawaii, wherever. This is Ms. NORTON. I thank the gentleman. today other than to appease the NRA done routinely. I don’t understand how I think I should make an important at the expense of public safety. The people can argue that since its the Dis- announcement. The District of Colum- Members who would impose this un- trict, it ought to somehow be different bia has just passed permanent legisla- wanted law onto D.C. residents would than any other American citizen. tion that has no gun lock provision; in- never do this to their own constitu- And so, Mr. Speaker, this Childers stead, substitutes a child access bill ents, but it’s being done because D.C. amendment is very narrowly drawn to and allows semi-automatics and allows residents can’t fight back. And that’s only enforce the Supreme Court deci- more than one. And they were always the definition of bullying. It is beneath sion as it relates to that decision; on their way to doing it. And the good the character of the Congress to be nothing more, nothing less. And what- faith was shown by the fact that they doing this. ever the District wants to do outside passed a stop-gap measure as they left And let me tell you, when you have a the parameters of that is perfectly all town, which allowed immediate reg- Presidential motorcade, you clear all right with me. istration. This bill federalizes gun the streets in other cities. But in D.C., Mr. SESSIONS. Mr. Speaker, I re- laws. It takes D.C. out of the gun busi- by this law, you’re going to be able to serve the balance of my time. ness. It leaves a naked law with no reg- have a loaded gun in your window that Mr. MCGOVERN. Mr. Speaker, at this ulations. poses an immediate danger to the time, I yield 2 minutes to the gen- Scalia gave us a very narrow 5–4 deci- President. tleman from Arkansas (Mr. ROSS). sion. By 5–4, it’s because that’s the What are we thinking of? This is (Mr. ROSS asked and was given per- only way he could get it through. And wrong. It needs to be defeated. It is be- mission to revise and extend his re- you know that he got it through that neath the dignity of this Congress to marks.) way because it leaves it to local juris- even bring it up, and if it passes we will Mr. ROSS. Mr. Speaker, I rise today dictions to tailor the bill to fit their live to regret it. in support of the Childers amendment local needs. D.C. is fitting its local Mr. SESSIONS. Mr. Speaker, since to H.R. 6842. I want to thank the gen- needs and the needs of the Federal taking control of this House, this Dem- tleman from Massachusetts for giving presence. This bill, the NRA bill, ocrat Congress has totally neglected me 2 minutes to address this issue. throws the doors open to guns and its responsibility to address the domes- Some folks may say, why would a throws away all we’ve done in home- tic supply issues that have created the Member of Congress from Arkansas be land security. skyrocketing gas, diesel and energy concerned about D.C. gun laws? It’s Mr. MCGOVERN. Mr. Speaker, at this costs that American families today and quite simple. Number one, I’m a pro- time, I yield 3 minutes to the gen- in the future are facing. gun Democrat. Number two, if the Gov- tleman from Virginia (Mr. MORAN). By going on vacation for 5 weeks ernment of D.C. can take your guns Mr. MORAN of Virginia. Mr. Speak- over August while I and 138 other of my away from you in our Nation’s capital, er, I want to voice my strong opposi- Republican colleagues stayed in Wash- Prescott, Arkansas and many other tion to the substitute amendment that ington to talk about real energy solu- small towns across this country could this rule makes in order because it tions for American families, this Dem- be next. usurps D.C.’s home rule authority and ocrat majority has proven that they do Now, why are we here? In June, the imposes upon the residents of our Na- not believe that the energy crisis fac- Supreme Court struck down D.C.’s ban tion’s Capital laws that they don’t sup- ing American families and businesses on handguns and operable firearms port and that will make them less safe. is important enough to cancel their within the home for self-defense. The The substitute amendment goes well summer beach plans or book tours to District responded by passing an emer- beyond anything contained in the Hell- get their work done. gency bill that fails to comply with the er decision. It leaves D.C. City Council However, enough of their Members Court’s ruling. Here’s what D.C.’s re- with little authority to impose sensible must have heard from their frustrated sponse was to the Supreme Court rul- regulations on deadly weapons. It will constituents over August who are tired ing saying, yes, the second right ap- repeal requirements that guns be prop- of the political games that the Demo- plies to the citizens of the District of erly stored in the home, requirements crats are playing and they want some Columbia just as it does to all the that we know prevent the accidental kind of action. Because today, we are other citizens in the United States of deaths of hundreds of children every considering yet another measure to America, and this is how the Govern- year. States with safe storage laws provide their Members with a political

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\K16SE7.086 H16SEPT1 jbell on PROD1PC69 with HOUSE September 16, 2008 CONGRESSIONAL RECORD — HOUSE H8175 cover vote that will do nothing to 6842, the bipartisan Norton/Issa bill to re- who work in and visit the capital. At a time bring down the cost of energy at the quire that D.C. conform its laws to the Su- when terrorists continue to look for ways to pump because it does nothing to en- preme Court ruling in District of Columbia attack our nation, passing this amendment courage participation by States in a v. Heller. The D.C. Council is already in the would be reckless and irresponsible. Congress process of amending its gun laws in response should reject the dangerous Childers amend- program to increase the amount of to Heller, and this bill requires D.C. to act ment. American-made energy. We are simply within 180 days. DETAILS OF CHILDERS AMENDMENT TO H.R. 6842 wasting our time on a sham, and some- A dangerous NRA-backed amendment, pro- thing that will not materialize to help posed by Rep. Childers, would repeal D.C. Allowing stockpiling of military-style gun laws and go far beyond authorizing gun weapons with high capacity ammunition energy prices. magazines—The Childers amendment would Mr. Speaker, last Friday, an influen- possession for self-defense in the home. The amendment is based on H.R. 6691, a reckless repeal D.C.’s ban on semi-automatic weap- tial Democrat Senator stated what ev- ons, including assault weapons (4). It would erybody in this House knows, that any bill so broad it even would have allowed the carrying of assault rifles on D.C. streets. also prohibit D.C. from enacting laws dis- bill excluding energy production rev- After the NRA repeatedly claimed that noth- couraging gun use or possession, such as re- enue sharing for the States will never ing in H.R. 6691 ‘‘would allow people to carry strictions on military-style weapons (3). It pass the Senate, making the cynical loaded firearms outside of their home,’’ it thus allows the stockpiling of military-style and political exercise that the House apparently agreed to undo dangerous provi- semiautomatic assault rifles or .50 caliber will engage in shortly even more trans- sions that did in fact allow the carrying of sniper rifles that can pierce armored car parent. assault rifles in public. Yet the rest of the plating. It would even allow teenagers and Childers amendment remains almost iden- children to possess loaded assault rifles by So today, I urge my colleagues to repealing all age restrictions on the posses- vote with me to defeat the previous tical to H.R. 6691—it still undermines gun laws and endangers homeland security. sion of long guns (5(b)(1)). This means that question so this House can finally con- After repeatedly misleading Congress law enforcement could not stop dangerous sider a real and comprehensive solution about the scope of H.R. 6691, the NRA has no persons from stockpiling assault rifles or .50 to rising energy costs in addition to to- credibility on this issue. Last week, the caliber sniper rifles in homes or businesses day’s bill to buy the District of Colum- NRA’s chief lobbyist, Chris Cox, was quoted near federal buildings or motorcade routes. bia more time to avoid compliance repeatedly stating that the bill would not Undermining federal anti-gun trafficking with the Supreme Court’s ruling on the allow the open carrying of assault weapons, laws—The Childers amendment would allow D.C. residents to cross state lines to buy second amendment. and ridiculing those who claimed otherwise. The NRA has now implicitly conceded that handguns in neighboring states, thereby un- If the previous question is defeated, I its repeated prior statements were false, as dermining federal anti-trafficking laws (10). will move to amend the rule to allow the revisions are aimed at a problem that For decades, federal law has barred gun deal- for additional consideration of H.R. the NRA claimed did not exist. Either the ers from selling handguns directly to out of 6566, the American Energy Act. This NRA was intentionally misleading Congress state buyers (other than licensed dealers) be- real, all-of-the-above bill would in- and the public about the bill, or it did not cause of the high risk this creates for inter- crease the supply of American-made understand what its top legislative priority state gun trafficking (18 U.S.C. 922(b)(3)). energy, improve conservation and effi- would do. It is hard to know which is worse. This means that gun traffickers could more The NRA-backed Childers amendment still ciency, and promote new and expand- easily obtain large quantities of guns outside creates serious threats to public safety and D.C. to illegally distribute to criminals in ing energy technologies to help lower homeland security by allowing dangerous D.C. the cost at the pump and reduce Amer- persons to stockpile semiautomatic assault Prohibiting D.C. from enacting common ica’s increasing costly and dangerous weapons with high capacity ammunition sense gun laws—The Childers amendment dependence on foreign sources of en- magazines in D.C., undermining federal laws would bar D.C. from passing any law that ergy. to curtail gun trafficking, and prohibiting would ‘‘prohibit, constructively prohibit, or I encourage everyone that believes a D.C. from passing laws that could ‘‘discour- unduly burden’’ gun ownership by anyone comprehensive solution to solving this age’’ gun possession or use, even basic safe not barred by already weak federal gun laws energy crisis and achieving energy storage requirements or age limits for the (3). It would even bar D.C. from enacting possession of assault rifles. We oppose the independence includes increasing the laws or regulations that may ‘‘discourage’’ dangerous Childers amendment to H.R. 6842. private gun ownership or use, including by supply of American energy to defeat BACKGROUND felons, children or other dangerous persons the previous question. H.R. 6691 was introduced following the U.S. (Id.). This means that D.C. could not pass Mr. Speaker, I ask unanimous con- Supreme Court’s ruling in District of Colum- laws requiring shooting proficiency to use a sent to have the text of this amend- bia v. Heller that D.C.’s ban on handguns in gun, educating parents of the dangers to ment and extraneous material inserted the home for self-defense was unconstitu- children of guns in the home, or even re- into the RECORD prior to the vote on tional. Justice Scalia’s majority opinion in stricting gang members without criminal the previous question. Heller, however, was narrow and limited. He records from possessing assault rifles. The SPEAKER pro tempore. Is there specifically noted that a wide range of gun Repealing common sense restrictions on objection to the request of the gen- laws are ‘‘presumptively lawful’’—everything gun possession by dangerous or unqualified persons—The Childers amendment repeals tleman from Texas? from laws ‘‘forbidding the carrying of firearms in sensitive places’’ to ‘‘conditions and common sense restrictions on gun possession There was no objection. in D.C. including: Mr. SESSIONS. Mr. Speaker, I yield qualifications on the commercial sale of arms.’’ Repealing the prohibition on most persons back the balance of my time. After Heller, D.C. passed temporary, emer- under age 21 from possessing firearms Mr. MCGOVERN. Mr. Speaker, may I gency regulations to comply with the Su- (5(b)(1)). It replaces current D.C. law with inquire as to how much time I have re- preme Court ruling, and the plaintiff in the weaker federal limits that only bar anyone maining. case, Dick Heller, was approved by the city under 18 from possessing handguns (18 U.S.C. The SPEAKER pro tempore. The gen- to keep a gun in his home. D.C. is currently 922(x)), and it repeals all age limits for the tleman from Massachusetts has 21⁄2 developing permanent regulations to adapt possession and carrying of long guns, includ- minutes remaining. all of its gun laws to the Court’s ruling. Yet ing assault rifles. Mr. MCGOVERN. Mr. Speaker, before instead of giving D.C.’s elected officials a Repealing the prohibition on gun posses- I use my time, I would like to insert in fair and reasonable opportunity to enact per- sion by anyone who has committed a violent manent regulations, the gun lobby is pushing crime or recent drug crime (5(b)(1)). It re- the RECORD a statement by the Brady Congress to enact dangerous and sweeping places this current D.C. law with the weaker Campaign to Prevent Gun Violence; a legislation that goes far beyond the man- federal ban that allows gun possession by statement by Stop Handgun Violence; dates of Heller. many persons who have committed violent a letter signed by a number of religious Even though the bipartisan Norton/Issa or drug-related misdemeanor crimes unre- organizations opposed to the Childers bill to require D.C. to conform to Heller was lated to domestic violence. amendment; and a letter from D.C. supported by the House Committee on Over- Repealing the prohibition on gun posses- Vote, which includes the D.C. Repub- sight and Government Reform by a 21–1 vote, sion by anyone voluntarily committed to a mental institution in the last 5 years (unless lican Committee, which opposes the the gun lobby is still pushing for a broad repeal of D.C. gun laws. It now supports the they have a doctor’s certification) (5(b)(1)). Childers amendment. Childers amendment to H.R. 6842, which It replaces this current D.C. law with the CHILDERS AMENDMENT WOULD REPEAL D.C. would bar the city from enacting measures weaker federal ban that allows many persons GUN LAWS, ENDANGER PUBLIC SAFETY AND to curb gun crime and weaken federal anti- who are dangerously mentally ill to obtain THREATEN HOMELAND SECURITY gun trafficking laws. firearms. The House may soon consider legislation The Childers amendment would endanger Repealing the prohibition in D.C. law on concerning D.C. gun laws. We support H.R. not only D.C. residents but also all those gun possession by anyone who does not pass

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\K16SE7.089 H16SEPT1 jbell on PROD1PC69 with HOUSE H8176 CONGRESSIONAL RECORD — HOUSE September 16, 2008 a vision test, including if they are blind use to kill themselves. Injury Prevention, times higher than among children in 25 other (5(b)(1)). D.C. would be barred from having 1999. industrialized countries combined. Centers any vision requirement for gun use. 85% of Americans want mandatory hand- for Disease Control and Prevention, ‘‘Rates Repealing registration requirements for gun registration. of Homicide, Suicide, and Firearm-Related firearms—The Childers amendment repeals 85% of Americans endorse the mandatory Death Among Children—26 Industrialized even the most basic gun registration require- registration of handguns and 72% also want Countries,’’ Morbidity and Mortality Weekly ments (5). This means that police could no mandatory registration of longguns (rifles Report 46(05): 101–105, February 07, 1997. longer easily trace crime guns by tracing and shotguns). 1998 National Gun Policy Sur- Guns stored in the home are used 72% of them to their registered owner. vey of the National Opinion Research Center, the time when children are accidentally Repealing all safe storage laws—After University of Chicago. killed and injured, commit suicide with a Heller, D.C. passed emergency legislation al- 85% of Americans want a background firearm. In 72% of unintentional deaths and lowing guns to be unlocked for self-defense check and 5-day waiting period before a injuries, suicide, and suicide attempts with a but otherwise locked to keep guns from chil- handgun is purchased. firearm of 0–19 year-olds, the firearm was dren and dangerous persons. The Childers 85% of Americans want a background stored in the residence of the victim, a rel- amendment repeals all safe storage require- check and 5-day waiting period before a ative, or a friend. Harborview Injury Preven- ments and prohibits D.C. from enacting new handgun is purchased. 1998 National Gun Pol- tion and Research Center Study, Archives of safe storage laws, even though every major icy Survey of the National Opinion Research Pediatric and Adolescent Medicine, August gun maker recommends that guns be kept Center, University of Chicago. 1999. unloaded and locked (3, 7). This means that 95% of Americans think that U.S. made Medical costs from gun injuries and deaths D.C. could not prohibit people from storing handguns should meet the same safety cost $19 billion. The U.S. taxpayer will pay loaded firearms near children, posing an ex- standards as imported guns. half of that cost. Direct medical costs for treme danger to the safety of D.C. families. 95% of Americans favor having handguns firearm injuries range from $2.3 billion to $4 manufactured in the United States meet the billion, and additional indirect costs, such as THE FACTS same safety and quality standards that im- lost potential earnings, are estimated at ported guns must meet. 1998 National Gun 5 children were killed every day in gun re- $19.0 billion. Miller and Cohen, Textbook of Policy Survey of the National Opinion Re- lated accidents and suicides committed with Penetrating Trauma, 1995; American Acad- search Center, University of Chicago. emy of Pediatrics, 2000; Journal of American a firearm, from 1994–1998. 51% of the guns used in crimes by juveniles An average of 5 children were killed every Medical Association, June 1995; Annals of In- and people 18 to 24 were acquired by ‘‘straw ternal Medicine, 1998. day in gun related accidents and suicides purchasers,’’ people who buy several guns le- committed with a firearm, from 1994–1998. gally through licensed dealers, then sell SEPTEMBER 8, 2008. Centers for Disease Control and Prevention’s them to criminals, violent offenders, and House of Representatives, National Center for Injury Prevention and kids. Washington, DC. Control, National Injury Mortality Statis- 51% of the guns used in crimes by juveniles tics, 1994–1998. and people 18 to 24 were acquired by ‘‘straw DEAR REPRESENTATIVE: As groups inspired 40% of American households with children purchasers,’’ people who buy several guns le- by religious values and ethical principles, we have guns. Peter Hart Research Associates gally through licensed dealers, then sell urge you in the strongest terms to oppose Poll, July 1999. them to criminals, violent offenders, and H.R. 6691, introduced by Rep. TRAVIS 22 million children live in homes with at kids. ATF report, Crime Gun Trace Analysis, CHILDERS (D–MS). This legislation claims to least one firearm. 34% of children in the February 1999. restore Second Amendment rights in the Dis- United States (representing more than 22 More Americans were killed by guns than trict of Columbia, but in actuality it pre- million children in 11 million homes) live in by war in the 20th Century. vents the 600,000 District of Columbia resi- homes with at least one firearm. In 69 per- More Americans were killed with guns in dents from enacting comprehensive, con- cent of homes with firearms and children, the 18-year period between 1979 and 1997 stitutional commonsense regulations to re- more than one firearm is present. The RAND (651,697), than were killed in battle in all duce gun violence and ensure their commu- Corporation, ‘‘Guns in the Family: Firearm wars since 1775 (650,858). And while a sharp nity’s safety. Storage Patterns in U.S. Homes with Chil- drop in gun homicides has contributed to a This legislation would go far beyond the dren,’’ March 2001, an analysis of the 1994 Na- decline in overall gun deaths since 1993, the changes needed to ensure that the District’s tional Health Interview Survey and Year 2000 90’s will likely exceed the death toll of the gun regulations comply with the Supreme objectives supplement. Also published as 1980s (327,173) and end up being the deadliest Court’s recent decision in the case DC v Hell- Schuster et al., ‘‘Firearm Storage Patterns decade of the century. By the end of the er. The bill would drastically erode several in U.S. Homes with Children,’’ American 1990s, an estimated 350,000 Americans will regulations that were deemed both constitu- Journal of Public Health 90(4): 588–594, April have been killed in non-military-related fire- tional and reasonable by the Heller ruling. 2000. arm incidents during the decade. Handgun H.R. 6691 would completely repeal the Dis- A gun in the home is 22 times more likely Control 12/30/99 (Press release from CDC trict’s firearm registration requirements; to be used in an unintentional shooting, than data). allow DC residents to travel to Maryland and to be used to injure or kill in self-defense. A classroom is emptied every two days in Virginia to purchase handguns despite long- A gun in the home is 22 times more likely America by gunfire. In 1998, 3,792 American standing federal law that helps prevent gun to be used in an unintentional shooting, a children and teens (19 and under) died by trafficking; and legalize military-style as- criminal assault or homicide, or an at- gunfire in murders, suicides and uninten- sault weapons, whose destructive power goes tempted or completed suicide than to be tional shootings. That’s more than 10 young far beyond what could possibly be necessary used to injure or kill in self-defense. Journal people a day. Unpublished data from the for self-defense or sport. of Trauma, 1998. Vital Statistics System, Centers for Disease While we fully acknowledge that the DC In 1997, gunshot wounds were the second Control and Prevention, National Center for law needs to comply with the Supreme leading cause of injury death for men and Health Statistics, 2000. Court’s recent Heller decision, we believe women 10–24 years of age. Toy guns and teddy bears have more fed- duly elected District officials should have a In 1997, gunshot wounds were the second eral manufacturing regulations than real fair and reasonable opportunity to develop leading cause of injury death for men and guns. Centers for Disease Control, National and implement new locally specific regula- women 10–24 years of age—second only to Center for Health Statistics, Deaths: Final tions. H.R. 6691 would prohibit the DC gov- motor vehicle crashes—while the firearm in- Data for 1999. NVSR Volume 49, No. 8. 114 pp. ernment from enacting any future ‘‘laws or jury death rate among males 15–24 years of (PHS) 2001–1120. regulations that discourage or eliminate the age was 42% higher than the motor vehicle Every day 79 people are killed by firearms private ownership or use of firearms’’. It traffic injury death rate. Centers for Disease in America. In 1999 a total of 28,874 persons would be unconscionable of the House to pass Control and Prevention, June 1999. died from firearm injuries in the United this bill and impose its will on the residents In the U.S., children under 15 commit sui- States, down nearly 6 percent from the 30,625 of the District of Columbia when they do not cide with guns at a rate of eleven times the deaths in 1998. even have a voting member of Congress to rate of other countries combined. 88% of the US population and 80% of U.S. register local concerns and defend their pre- For children under the age of 15, the rate gun owners support childproofing all new rogatives. Rather than upholding Second of suicide in the United States is twice the handguns. 88% of the U.S. population and Amendment liberties, this bill would restrict rate of other countries. For suicides involv- 80% of U.S. gun owners support childproofing local governance, effectively limiting the ing firearms, the rate was almost eleven all new handguns. freedoms of District residents. We find this times the rate of other countries combined. Johns Hopkins University Center of Gun violation of ‘‘home rule’’ to be deeply dis- U.S. Department of Justice, March 2000. Policy and Research, 1997/1998. turbing. Guns in the home are the primary source Kids in America are 12 times more likely As faith inspired organizations, we must for firearms that teenagers use to kill them- to be killed by a gun than kids in 25 other in- actively pursue a world free from bloodshed. selves in the United States. dustrialized nations combined. The overall This legislation would prevent the District Studies show that guns in the home are the firearm-related death rate among U.S. chil- of Columbia from lawfully regulating dan- primary source for firearms that teenagers dren aged less than 15 years was nearly 12 gerous weapons. We urge you to help keep

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\A16SE7.033 H16SEPT1 jbell on PROD1PC69 with HOUSE September 16, 2008 CONGRESSIONAL RECORD — HOUSE H8177 Washington, DC, residents safe, and to re- lence, Coalition to Stop Gun Violence, What this legislation does not do is preclude spect their right to self-government. Please Common Cause, and DC Democratic the DC Council in any way from passing sen- vote against H.R. 6691. State Committee. sible firearms regulations that comply with the Sincerely, DC for Democracy, DC NAACP, Greater American Jewish Committee Washington Urban League, Jews Supreme Court’s decision in Heller. The DC Anti-Defamation League United for Justice, League of Women Council will retain the authority to restrict fire- ASHA for Women Voters, Leadership Conference on Civil arms so long as those restrictions do not over- Baptist Peace Fellowship of North America Rights, Metropolitan Washington ly burden the Second Amendment rights of Church of the Brethren Witness/Wash- Council, AFL-CIO, NAACP, and Na- DC residents. ington Office tional Council of Jewish Women. FaithTrust Institute It should also be noted that this legislation Fellowship of Reconciliation Mr. Speaker, first I want to take a does not in any way harm our efforts to stop Friends Committee on National Legisla- moment to thank Congresswoman EL- criminals or terrorists that pose a threat to DC tion EANOR HOLMES NORTON for her incred- residents. Indeed, those criminals and terror- Hadassah the Women’s Zionist Organiza- ible leadership on behalf of the people ists already have access to illegal firearms. tion of America of the District of Columbia. For years, This legislation will, however, give law abiding Jewish Community Relations Council of Greater Washington she has been a passionate advocate for residents of Washington, DC, with the oppor- The Jewish Council for Public Affairs the cause of local governance here in tunity to purchase a legal firearm from a feder- Jewish Women International the District. ally licensed firearms dealer and keep it in Jews United for Justice Again, I urge my colleagues to vote their home or place of business in order to de- Mennonite Central Committee Washington ‘‘no’’ on the Childers amendment and fend themselves. Office to vote ‘‘yes’’ for the sensible, bipar- I am happy to hear that the DC Council and National Advocacy Center of the Sisters of tisan Holmes Norton bill, which would the Good Shepard the Mayor have proposed changes to DC’s National Alliance of Faith and Justice ensure that the District comply with gun laws that will begin to bring the District National Council of Jewish Women the Supreme Court’s ruling. into compliance with the Supreme Court’s de- NA’AMAT USA Before my colleagues vote, please ask cision. However, those efforts do not preclude North American Division of Seventh-day yourself one simple question: What if it us from acting to pass Congressman Adventists was your district we were talking Presbyterian Church (USA) Washington Of- CHILDERS’ amendment. Rather, the DC Coun- about? What if it was your hometown cil’s proposals will complement our efforts fice whose rights were being trampled? All Sisters of Mercy Institute Justice Team here today. Sojourners I ask is that you give the people of D.C. In short, I urge my colleagues to adopt this Union for Reform Judaism the same respect that you would give rule today and to support Mr. CHILDERS’ Unitarian Universalist Association of Con- the people of your constituents. amendment, which will for the first time in over gregations This Childers amendment is far- 30 years give the residents of Washington, United Church of Christ, Justice and Wit- reaching. It eliminates the D.C. reg- DC, the rights afforded to them under the Sec- ness Ministries istration law. If the District of Colum- United Methodist Church, General Board of ond Amendment. Church and Society bia, Mr. Speaker, wants sensible gun Mr. STARK. Mr. Speaker, I rise today in ad- United Synagogue of Conservative Judaism safety protections to protect its people, amant opposition to the National Capital Secu- Women of Reform Judaism to protect its children, and at the same rity & Safety Act as amended. I commend my Women’s League of Conservative Judaism time comply with the second amend- colleagues Delegate HOLMES-NORTON and Workmen’s Circle/Arbeter Ring ment, it should have the ability to do Representative WAXMAN on the work they that. SEPTEMBER 12, 2008. have done to ensure that the DC City Council Senator BARACK OBAMA, I think, said DEAR MEMBER OF CONGRESS: We urge you remains the leader in enacting the laws nec- to support H.R. 6842, the National Capital Se- it perfectly when he said, ‘‘The reality of gun ownership may be different for essary to comply with the Supreme Court’s curity and Safety Act, and to oppose any and decision in District of Columbia v. Heller. Un- all amendments offered to the bill. hunters in rural Ohio than they are for H.R. 6842, introduced by DC Delegate Elea- those plagued by gang violence in fortunately, Mr. CHILDERS’ amendment ruins nor Holmes Norton, provides proponents of Cleveland, but don’t tell me we can’t the intent of this legislation and has dire con- gun rights with a vehicle for ensuring that uphold the second amendment while sequences for the Nation’s capital. the DC government enacts legislation con- keeping AK–47s out of the hands of I don’t agree with the Supreme Court’s deci- sistent with the requirements of the decision criminals.’’ I think that says it best. sion. Regardless, I do believe that the DC City of the U.S. Supreme Court in District of Co- Council is in the best position to decide what lumbia v. Heller. The bill also respects local Mr. Speaker, I urge my colleagues to support the underlying bill by ELEANOR regulations are appropriate for their commu- democracy in our nation’s capital by allow- nity. Congress has trampled on the District’s ing locally elected officials to enact the Dis- HOLMES NORTON. I urge my colleagues trict’s own local gun laws. to vote against the Childers amend- autonomy for long enough. The last thing DC Gun rights proponents support alternate ment. I think it is wrong, I think it is needs is Congressional Members to repeat- legislation, H.R. 1399 and H.R. 6691, claiming arrogant, and it does not belong on this edly and unnecessarily intervene in issues they are necessary to restore the Second House floor. specific to the District of Columbia. Amendment rights of individuals in the Dis- Mr. DINGELL. Mr. Speaker, I rise today in Equally problematic and more disturbing are trict of Columbia. H.R. 6842 not only pro- the repercussions of Mr. CHILDERS’ amend- motes that goal, but would also protect the support of the rule that will allow us to debate and vote on Congressman CHILDERS’ amendment. His amendment throws out the DC City unique status and security needs of our na- Council’s emergency handgun regulations and tion’s capital city. ment to H.R. 6842: legislation that will imple- This summer, the duly elected DC government the Supreme Court’s historic Heller deci- replaces them with so-called regulations that ment enacted temporary legislation in re- sion, and restore and protect the Second in fact endanger their communities’ public sponse to the Heller decision. Consequently, Amendment rights of the residents of the Dis- safety. His amendment allows for the stock- DC residents are now registering handguns trict of Columbia. piling of semiautomatic assault weapons, fully for personal protection in their homes. H.R. This legislation does four things: First, it loaded firearms in homes, and discourages 6842 would ensure that the DC government overturns existing DC laws banning semiauto- the passage of common-sense legislation ad- enacts permanent legislation within 180 dressing safe storage requirements or age lim- days. Congress would have the power to re- matic firearms, including the types of guns view, approve, disapprove or override such most commonly used for self defense. Sec- its for the possession of assault rifles. permanent DC legislation if it believes the ond, it overturns DC laws requiring residents The supporters of this amendment are not measure is inadequate. to keep their firearms locked and inoperable representing the people of DC, they are rep- We note that other localities are going until the very moment they are attacked. Third, resenting the gun lobby. The nationwide statis- through this same legislative process. Con- it gives DC residents the ability to purchase a tics on deaths caused by intentional and acci- gress should afford Washingtonians the same firearm in Virginia or Maryland, a necessity be- dental gunfire are extreme to begin with, but respect and deference it is showing to com- cause there is only one federally licensed fire- Washington DC is rated as the thirteenth most munities around the country. We urge you to support H.R. 6842, the Na- arms dealer in Washington, DC, and he oper- dangerous city in the country, where the homi- tional Capital Security and Safety Act. ates without a facility that is open to the pub- cide rate is almost double the national aver- Sincerely, lic. Fourth, this legislation removes the lengthy age. Are the supporters of this amendment DC Vote, DC Republican Committee, and burdensome registration procedures put in representing the families in the District who Brady Campaign to Prevent Gun Vio- place by the DC Council. have lost their loved ones to gun violence? Or

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00047 Fmt 4634 Sfmt 9920 E:\CR\FM\A16SE7.036 H16SEPT1 jbell on PROD1PC69 with HOUSE H8178 CONGRESSIONAL RECORD — HOUSE September 16, 2008 the policemen and women who experience up opposition rose to a parliamentary inquiry, The first electronic vote will be con- close the misuse of guns by both kids and asking who was entitled to recognition. ducted as a 15-minute vote. Remaining adults every day? No. Supporters of this Speaker Joseph G. Cannon (R–Illinois) said: electronic votes will be conducted as 5- ‘‘The previous question having been refused, minute votes. amendment are only supporting the National the gentleman from New York, Mr. Fitz- Rifle Association. gerald, who had asked the gentleman to f We’re not living in the 1700s, when govern- yield to him for an amendment, is entitled to mental police forces were nonexistent and the first recognition.’’ PROVIDING FOR CONSIDERATION state militias were a constant threat to central Because the vote today may look bad for OF H.R. 6899, COMPREHENSIVE government. Supporters of Mr. CHILDERS’ the Democratic majority they will say ‘‘the AMERICAN ENERGY SECURITY amendment need to pull their heads out of the vote on the previous question is simply a AND CONSUMER PROTECTION past and face the present: gun violence is an vote on whether to proceed to an immediate ACT ugly reality, and we’re not doing the people of vote on adopting the resolution . . . [and] has no substantive legislative or policy im- The SPEAKER pro tempore. The un- the District of Columbia any favors by consid- plications whatsoever.’’ But that is not what finished business is the vote on order- ering legislation that will endanger lives under they have always said. Listen to the defini- ing the previous question on House the disguise of protecting constitutional rights. tion of the previous question used in the Resolution 1433, on which the yeas and The people who make up this country are enti- Floor Procedures Manual published by the nays were ordered. tled to life, liberty, and the pursuit of happi- Rules Committee in the 109th Congress, The Clerk read the title of the resolu- ness, and they certainly can’t claim their right (page 56). Here’s how the Rules Committee tion. to the last two if they lose their lives. That’s described the rule using information from The SPEAKER pro tempore. The what guns do—they kill people. Congressional Quarterly’s ‘‘American Con- gressional Dictionary’’: ‘‘If the previous question is on ordering the previous I strongly urge my colleagues to stand with question is defeated, control of debate shifts question. me in opposing this bill. to the leading opposition member (usually The vote was taken by electronic de- The material previously referred to the minority Floor Manager) who then man- by Mr. SESSIONS is as follows: vice, and there were—yeas 238, nays ages an hour of debate and may offer a ger- 185, not voting 10, as follows: AMENDMENT TO H. RES. 1434 OFFERED BY MR. mane amendment to the pending business.’’ SESSIONS OF TEXAS Deschler’s Procedure in the U.S. House of [Roll No. 595] At the end of the resolution, add the fol- Representatives, the subchapter titled YEAS—238 lowing: ‘‘Amending Special Rules’’ states: ‘‘a refusal Abercrombie Ellison Markey SEC. 3. Immediately upon the adoption of to order the previous question on such a rule Ackerman Ellsworth Marshall this resolution the House shall, without [a special rule reported from the Committee Allen Emanuel Matheson intervention of any point of order, consider on Rules] opens the resolution to amend- Altmire Engel Matsui in the House the bill (H.R. 6566) to bring ment and further debate.’’ (Chapter 21, sec- Andrews Eshoo McCarthy (NY) down energy prices by increasing safe, do- tion 21.2) Section 21.3 continues: Upon rejec- Arcuri Etheridge McCollum (MN) tion of the motion for the previous question Baca Farr McDermott mestic production, encouraging the develop- Baird Fattah McGovern ment of alternative and renewable energy, on a resolution reported from the Committee Baldwin Filner McIntyre and promoting conservation. All points of on Rules, control shifts to the Member lead- Barrow Foster McNerney order against the bill are waived. The bill ing the opposition to the previous question, Bean Frank (MA) McNulty shall be considered as read. The previous who may offer a proper amendment or mo- Becerra Giffords Meek (FL) question shall be considered as ordered on tion and who controls the time for debate Berkley Gillibrand Meeks (NY) the bill and any amendment thereto to final thereon.’’ Berman Gonzalez Melancon Clearly, the vote on the previous question Berry Gordon Miller (NC) passage without intervening motion except: Bishop (GA) Green, Al Miller, George (1) one hour of debate on the bill equally dion a rule does have substantive policy impli- Bishop (NY) Green, Gene Mitchell vided and controlled by the majority and mi- cations. It is one of the only available tools Blumenauer Grijalva Mollohan nority leader, and (2) an amendment in the for those who oppose the Democratic major- Boren Gutierrez Moore (KS) nature of a substitute if offered by the Ma- ity’s agenda and allows those with alter- Boswell Hall (NY) Moore (WI) jority Leader or his designee, which shall be native views the opportunity to offer an al- Boucher Hare Moran (VA) considered as read and shall be separately ternative plan. Boyd (FL) Harman Murphy (CT) Boyda (KS) Hastings (FL) Murphy, Patrick debatable for 40 minutes equally divided and Mr. MCGOVERN. Mr. Speaker, I yield Brady (PA) Heller Murtha controlled by the proponent and an oppo- back the balance of my time, and I Braley (IA) Herseth Sandlin Nadler nent; and (3) one motion to recommit with or move the previous question on the res- Brown, Corrine Higgins Napolitano without instructions. Butterfield Hill Neal (MA) olution. Capps Hinchey Oberstar (The information contained herein was The SPEAKER pro tempore. The Capuano Hinojosa Obey provided by Democratic minority on mul- question is on ordering the previous Cardoza Hirono Olver tiple occasions throughout the 109th Con- question. Carnahan Hodes Ortiz Carney Holden Pallone gress.) The question was taken; and the Carson Holt Pascrell THE VOTE ON THE PREVIOUS QUESTION: WHAT Speaker pro tempore announced that Castor Honda Pastor IT REALLY MEANS the ayes appeared to have it. Chandler Hooley Payne This vole, the vote on whether to order the Childers Hoyer Perlmutter Mr. SESSIONS. Mr. Speaker, on that Clarke Inslee Peterson (MN) previous question on a special rule, is not I demand the yeas and nays. Clay Israel Pomeroy merely a procedural vote. A vote against or- The yeas and nays were ordered. Cleaver Jackson (IL) Porter dering the previous question is a vote The SPEAKER pro tempore. Pursu- Clyburn Jefferson Price (NC) against the Democratic majority agenda and ant to clause 8 of rule XX, further pro- Cohen Johnson (GA) Rahall a vote to allow the opposition, at least for Conyers Johnson, E. B. Ramstad the moment, to offer an alternative plan. It ceedings on this question will be post- Cooper Kagen Rangel is a vote about what the House should be de- poned. Costa Kanjorski Reichert Costello Kaptur Reyes bating. f Courtney Kennedy Richardson Mr. Clarence Cannon’s Precedents of the b 1600 Cramer Kildee Rodriguez House of Representatives, (VI, 308–311) de- Crowley Kilpatrick Ros-Lehtinen scribes the vote on the previous question on ANNOUNCEMENT BY THE SPEAKER Cuellar Kind Ross the rule as ‘‘a motion to direct or control the PRO TEMPORE Cummings Klein (FL) Rothman consideration of the subject before the House Davis (AL) Kucinich Roybal-Allard being made by the Member in charge.’’ To The SPEAKER pro tempore. Pursu- Davis (CA) Langevin Ruppersberger ant to clause 8 of rule XX, proceedings Davis (IL) Larsen (WA) Rush defeat the previous question is to give the Davis, Lincoln Larson (CT) Ryan (OH) opposition a chance to decide the subject be- will resume on questions previously DeFazio Lee Salazar fore the House. Cannon cites the Speaker’s postponed. DeGette Levin Sa´ nchez, Linda ruling of January 13, 1920, to the effect that Votes will be taken in the following Delahunt Lewis (GA) T. ‘‘the refusal of the House to sustain the de- DeLauro Lipinski Sanchez, Loretta order: ordering the previous question Dicks LoBiondo Sarbanes mand for the previous question passes the on House Resolution 1433; adopting control of the resolution to the opposition’’ Dingell Loebsack Schakowsky Doggett Lofgren, Zoe Schiff in order to offer an amendment. On March House Resolution 1433, if ordered; ordering the previous question on House Donnelly Lowey Schwartz 15, 1909, a member of the majority party of- Doyle Lynch Scott (GA) fered a rule resolution. The House defeated Resolution 1434; adopting House Reso- Edwards (MD) Mahoney (FL) Scott (VA) the previous question and a member of the lution 1434, if ordered. Edwards (TX) Maloney (NY) Serrano

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\A16SE7.049 H16SEPT1 jbell on PROD1PC69 with HOUSE September 16, 2008 CONGRESSIONAL RECORD — HOUSE H8179 Sestak Stark Visclosky The SPEAKER pro tempore. The NAYS—194 Shays Stupak Walz (MN) Aderholt Shea-Porter Sutton Wasserman question is on the resolution. Garrett (NJ) Nunes Akin Sherman Tanner Schultz The question was taken; and the Gerlach Pearce Alexander Shuler Tauscher Waters Gilchrest Pence Speaker pro tempore announced that Bachmann Sires Taylor Watson Gingrey Peterson (PA) the ayes appeared to have it. Bachus Skelton Thompson (CA) Watt Gohmert Petri Barrett (SC) Slaughter Thompson (MS) Waxman Mr. HASTINGS of Washington. Mr. Goode Pickering Bartlett (MD) Smith (NJ) Tierney Weiner Goodlatte Platts Speaker, on that I demand the yeas Barton (TX) Smith (WA) Towns Welch (VT) Granger Poe and nays. Biggert Snyder Tsongas Wexler Graves Porter Bilbray Solis Udall (CO) Wilson (OH) The yeas and nays were ordered. Hall (TX) Price (GA) Bilirakis Space Udall (NM) Woolsey Hastings (WA) Pryce (OH) The SPEAKER pro tempore. This Bishop (UT) Speier Van Hollen Wu Hayes Putnam will be a 5-minute vote. Blackburn Spratt Vela´ zquez Yarmuth Heller Radanovich The vote was taken by electronic de- Blunt Hensarling Ramstad NAYS—185 vice, and there were—yeas 229, nays Boehner Herger Regula Bonner Hobson Aderholt Franks (AZ) Moran (KS) Rehberg 194, not voting 10, as follows: Bono Mack Hoekstra Akin Frelinghuysen Murphy, Tim Reichert Boozman Hulshof Alexander Gallegly [Roll No. 596] Renzi Musgrave Boustany Hunter Bachmann Garrett (NJ) Reynolds Myrick YEAS—229 Broun (GA) Inglis (SC) Bachus Gerlach Rogers (AL) Nunes Brown (SC) Issa Barrett (SC) Gilchrest Abercrombie Gonzalez Neal (MA) Rogers (KY) Pearce Brown-Waite, Johnson (IL) Bartlett (MD) Gingrey Ackerman Gordon Oberstar Rogers (MI) Pence Ginny Johnson, Sam Barton (TX) Gohmert Allen Green, Al Obey Rohrabacher Peterson (PA) Buchanan Jones (NC) Biggert Goode Altmire Green, Gene Olver Ros-Lehtinen Petri Burgess Jordan Bilbray Goodlatte Andrews Grijalva Ortiz Roskam Pickering Burton (IN) Keller Bilirakis Granger Arcuri Gutierrez Pallone Royce Platts Buyer King (IA) Bishop (UT) Graves Baca Hall (NY) Pascrell Ryan (WI) Poe Calvert King (NY) Blackburn Hall (TX) Baird Hare Pastor Sali Price (GA) Camp (MI) Kingston Blunt Hastings (WA) Baldwin Harman Payne Saxton Pryce (OH) Campbell (CA) Kirk Boehner Hayes Barrow Hastings (FL) Perlmutter Scalise Putnam Cannon Kline (MN) Bonner Hensarling Bean Herseth Sandlin Peterson (MN) Schmidt Radanovich Cantor Knollenberg Bono Mack Herger Becerra Higgins Pomeroy Sensenbrenner Regula Capito Kuhl (NY) Boozman Hobson Berkley Hill Price (NC) Sessions Rehberg Carter LaHood Boustany Hoekstra Berman Hinchey Rahall Shadegg Renzi Castle Lamborn Broun (GA) Hulshof Berry Hinojosa Rangel Reynolds Cazayoux Latham Shays Brown (SC) Hunter Bishop (GA) Hirono Rogers (AL) Reyes Chabot LaTourette Shimkus Brown-Waite, Inglis (SC) Bishop (NY) Hodes Rogers (KY) Richardson Coble Latta Shuler Ginny Issa Blumenauer Holden Rogers (MI) Rodriguez Cole (OK) Lewis (CA) Shuster Buchanan Johnson (IL) Boren Holt Rohrabacher Ross Conaway Lewis (KY) Simpson Burgess Johnson, Sam Boswell Honda Roskam Rothman Crenshaw Linder Smith (NE) Burton (IN) Jones (NC) Boucher Hooley Royce Roybal-Allard Culberson LoBiondo Smith (NJ) Buyer Jordan Boyd (FL) Hoyer Ryan (WI) Ruppersberger Davis (KY) Lucas Smith (TX) Calvert Keller Boyda (KS) Inslee Sali Rush Davis, David Lungren, Daniel Souder Camp (MI) King (IA) Brady (PA) Israel Saxton Ryan (OH) Davis, Tom E. Stearns Campbell (CA) King (NY) Braley (IA) Jackson (IL) Scalise Salazar Deal (GA) Mack Sullivan Cannon Kingston Brown, Corrine Jackson-Lee Schmidt Sa´ nchez, Linda Dent Manzullo Tancredo Cantor Kirk Butterfield (TX) T. Diaz-Balart, L. Marchant Taylor Capito Kline (MN) Sensenbrenner Capps Jefferson Sanchez, Loretta Diaz-Balart, M. McCarthy (CA) Terry Carter Knollenberg Sessions Capuano Johnson (GA) Sarbanes Doolittle McCaul (TX) Thornberry Castle Kuhl (NY) Shadegg Cardoza Johnson, E. B. Schakowsky Drake McCotter Tiberi Cazayoux LaHood Shimkus Carnahan Kagen Schiff Duncan McCrery Turner Chabot Lamborn Shuster Carney Kanjorski Schwartz Emerson McHenry Upton Coble Latham Simpson Carson Kaptur Scott (GA) English (PA) McHugh Walden (OR) Cole (OK) LaTourette Smith (NE) Castor Kennedy Scott (VA) Everett McKeon Walsh (NY) Conaway Latta Smith (TX) Chandler Kildee Fallin McMorris Wamp Crenshaw Lewis (CA) Souder Childers Kilpatrick Serrano Feeney Rodgers Weldon (FL) Culberson Lewis (KY) Stearns Clarke Kind Sestak Ferguson Mica Weller Davis (KY) Linder Sullivan Clay Klein (FL) Shea-Porter Flake Michaud Westmoreland Davis, David Lucas Tancredo Cleaver Kucinich Sherman Forbes Miller (FL) Whitfield (KY) Davis, Tom Lungren, Daniel Terry Clyburn Langevin Sires Fortenberry Miller (MI) Wilson (NM) Deal (GA) E. Thornberry Cohen Larsen (WA) Skelton Fossella Miller, Gary Wilson (SC) Dent Mack Tiahrt Conyers Larson (CT) Slaughter Foxx Moran (KS) Wittman (VA) Diaz-Balart, L. Manzullo Tiberi Cooper Lee Smith (WA) Franks (AZ) Murphy, Tim Wolf Diaz-Balart, M. Marchant Turner Costa Levin Snyder Frelinghuysen Musgrave Young (AK) Doolittle McCarthy (CA) Upton Costello Lewis (GA) Solis Gallegly Myrick Young (FL) Drake McCaul (TX) Walden (OR) Courtney Lipinski Space Duncan McCotter Walsh (NY) Cramer Loebsack Speier NOT VOTING—10 Emerson McCrery Wamp Crowley Lofgren, Zoe Spratt Brady (TX) Lampson Tiahrt English (PA) McHenry Weldon (FL) Cuellar Lowey Stark Cubin Neugebauer Walberg Everett McHugh Weller Cummings Lynch Stupak Dreier Paul Fallin McKeon Westmoreland Davis (AL) Mahoney (FL) Sutton Ehlers Pitts Feeney McMorris Whitfield (KY) Davis (CA) Maloney (NY) Tanner Davis (IL) Markey Ferguson Rodgers Wilson (NM) Tauscher ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Davis, Lincoln Marshall Flake Mica Wilson (SC) Thompson (CA) DeFazio Matheson The SPEAKER pro tempore (during Forbes Michaud Wittman (VA) Thompson (MS) DeGette Matsui Fortenberry Miller (FL) Wolf Tierney the vote). There are 2 minutes left on Delahunt McCarthy (NY) Fossella Miller (MI) Young (AK) Towns this vote. Foxx Miller, Gary Young (FL) DeLauro McCollum (MN) Dicks McDermott Tsongas b 1638 NOT VOTING—10 Dingell McGovern Udall (CO) Doggett McIntyre Udall (NM) So the resolution was agreed to. Brady (TX) Jackson-Lee Paul Donnelly McNerney Van Hollen The result of the vote was announced Cubin (TX) Pitts Doyle McNulty Vela´ zquez Dreier Lampson Walberg as above recorded. Edwards (MD) Meek (FL) Visclosky Ehlers Neugebauer Walz (MN) A motion to reconsider was laid on Edwards (TX) Meeks (NY) the table. b 1626 Ellison Melancon Wasserman Ellsworth Miller (NC) Schultz f Messrs. KINGSTON and CAZAYOUX Emanuel Miller, George Waters changed their vote from ‘‘yea’’ to Engel Mitchell Watson PROVIDING FOR CONSIDERATION ‘‘nay.’’ Eshoo Mollohan Watt OF H.R. 6842, NATIONAL CAPITAL Etheridge Moore (KS) Waxman SECURITY AND SAFETY ACT Mr. RAMSTAD, Mrs. MCCARTHY of Farr Moore (WI) Weiner New York and Mr. STARK changed Fattah Moran (VA) Welch (VT) The SPEAKER pro tempore. The un- their vote from ‘‘nay’’ to ‘‘yea.’’ Filner Murphy (CT) Wexler finished business is the vote on order- So the previous question was ordered. Foster Murphy, Patrick Wilson (OH) ing the previous question on House Frank (MA) Murtha Woolsey The result of the vote was announced Giffords Nadler Wu Resolution 1434, on which the yeas and as above recorded. Gillibrand Napolitano Yarmuth nays were ordered.

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\A16SE7.028 H16SEPT1 jbell on PROD1PC69 with HOUSE H8180 CONGRESSIONAL RECORD — HOUSE September 16, 2008 The Clerk read the title of the resolu- NAYS—183 consideration of the bill (H.R. 3036) to tion. Aderholt Frelinghuysen Musgrave amend the Elementary and Secondary Akin Gallegly Myrick The SPEAKER pro tempore. The Education Act of 1965 regarding envi- Alexander Garrett (NJ) Nunes ronmental education, and for other question is on ordering the previous Bachmann Gilchrest Pearce Bachus Gingrey Pence purposes, which was referred to the question. Barrett (SC) Gohmert Peterson (PA) House Calendar and ordered to be This will be a 5-minute vote. Bartlett (MD) Goode Petri printed. Barton (TX) Goodlatte Pickering The vote was taken by electronic de- Biggert Granger Platts f Bilbray Graves Poe vice, and there were—yeas 241, nays Bilirakis Hall (TX) Price (GA) COMPREHENSIVE AMERICAN EN- 183, not voting 9, as follows: Bishop (UT) Hastings (WA) Pryce (OH) ERGY SECURITY AND CONSUMER Blackburn Hayes Putnam PROTECTION ACT [Roll No. 597] Blunt Hensarling Radanovich Boehner Herger Regula Mr. RAHALL. Mr. Speaker, pursuant YEAS—241 Bonner Hobson Rehberg to House Resolution 1433, I call up the Abercrombie Gordon Obey Bono Mack Hoekstra Renzi bill (H.R. 6899) to advance the national Ackerman Green, Al Olver Boozman Hulshof Reynolds Allen Green, Gene Ortiz Boustany Hunter Rogers (AL) security interests of the United States Altmire Grijalva Pallone Broun (GA) Inglis (SC) Rogers (KY) by reducing its dependency on oil Andrews Gutierrez Pascrell Brown (SC) Issa Rogers (MI) through renewable and clean, alter- Arcuri Hall (NY) Pastor Brown-Waite, Johnson (IL) Rohrabacher native fuel technologies while building Baca Hare Payne Ginny Johnson, Sam Roskam Baird Harman Perlmutter Buchanan Jones (NC) Royce a bridge to the future through ex- Baldwin Hastings (FL) Peterson (MN) Burgess Jordan Ryan (WI) panded access to Federal oil and nat- Barrow Heller Pomeroy Burton (IN) Keller Sali ural gas resources, revising the rela- Buyer King (IA) Sanchez, Loretta Bean Herseth Sandlin Porter Calvert King (NY) Saxton tionship between the oil and gas indus- Becerra Higgins Price (NC) Camp (MI) Kingston Scalise Berkley Hill Rahall try and the consumers who own those Campbell (CA) Kirk Schmidt Berman Hinchey Ramstad resources and deserve a fair return Cannon Kline (MN) Sensenbrenner Berry Hinojosa Rangel from the development of publicly Bishop (GA) Hirono Cantor Knollenberg Sessions Reichert Bishop (NY) Hodes Capito Kuhl (NY) Shadegg owned oil and gas, ending tax subsidies Reyes Blumenauer Holden Carter LaHood Shimkus Richardson for large oil and gas companies, and fa- Boren Holt Chabot Lamborn Shuster Rodriguez cilitating energy efficiencies in the Boswell Honda Coble Latham Simpson Ros-Lehtinen Boucher Hooley Cole (OK) LaTourette Smith (NE) building, housing, and transportation Boyd (FL) Hoyer Ross Conaway Latta Smith (TX) sectors, and for other purposes, and ask Boyda (KS) Inslee Rothman Crenshaw Lewis (CA) Souder Roybal-Allard for its immediate consideration. Brady (PA) Israel Culberson Lewis (KY) Stark The Clerk read the title of the bill. Braley (IA) Jackson (IL) Ruppersberger Davis (KY) Linder Stearns Brown, Corrine Jackson-Lee Rush Davis, David Lucas Sullivan The text of the bill is as follows: Butterfield (TX) Ryan (OH) Davis, Tom Lungren, Daniel Tancredo H.R. 6899 Salazar Deal (GA) E. Terry Capps Jefferson Be it enacted by the Senate and House of Rep- Capuano Johnson (GA) Sa´ nchez, Linda Dent Mack Thornberry Cardoza Johnson, E. B. T. Diaz-Balart, L. Manzullo Tiahrt resentatives of the United States of America in Carnahan Kagen Sarbanes Diaz-Balart, M. Marchant Tiberi Congress assembled, Carney Kanjorski Schakowsky Doolittle McCarthy (CA) Turner SECTION 1. SHORT TITLE. Carson Kaptur Schiff Drake McCaul (TX) Upton This Act may be cited as the ‘‘Comprehen- Castle Kennedy Schwartz Duncan McCotter Walden (OR) sive American Energy Security and Con- Scott (GA) Emerson McCrery Walsh (NY) Castor Kildee sumer Protection Act’’. Cazayoux Kilpatrick Scott (VA) English (PA) McHenry Wamp Chandler Kind Serrano Everett McHugh Weldon (FL) SEC. 2. TABLE OF CONTENTS. Childers Klein (FL) Sestak Fallin McKeon Weller The table of contents for this Act is as fol- Clarke Kucinich Shays Feeney McMorris Westmoreland lows: Clay Langevin Ferguson Rodgers Whitfield (KY) Shea-Porter Sec. 1. Short title. Cleaver Larsen (WA) Sherman Flake Mica Wilson (NM) Clyburn Larson (CT) Shuler Forbes Miller (FL) Wilson (SC) Sec. 2. Table of contents. Cohen Lee Sires Fortenberry Miller (MI) Wittman (VA) TITLE I—FEDERAL OIL AND GAS Conyers Levin Skelton Fossella Miller, Gary Wolf LEASING Cooper Lewis (GA) Foxx Moran (KS) Young (AK) Slaughter Subtitle A—Outer Continental Shelf Oil and Costa Lipinski Smith (NJ) Franks (AZ) Murphy, Tim Young (FL) Costello LoBiondo Gas Leasing Smith (WA) NOT VOTING—9 Courtney Loebsack Snyder Sec. 101. Prohibition on leasing. Cramer Lofgren, Zoe Solis Brady (TX) Ehlers Paul Sec. 102. Opening of certain areas to oil and Crowley Lowey Space Cubin Lampson Pitts gas leasing. Cuellar Lynch Dreier Neugebauer Walberg Speier Sec. 103. Coastal State roles and responsibil- Cummings Mahoney (FL) Spratt Davis (AL) Maloney (NY) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE ities. Stupak Davis (CA) Markey Sec. 104. Protection of the environment and Sutton The SPEAKER pro tempore (during Davis (IL) Marshall conservation of the natural re- Tanner the vote). Members are advised 2 min- Davis, Lincoln Matheson Tauscher sources of the Outer Conti- DeFazio Matsui utes remain in this vote. Taylor nental Shelf. DeGette McCarthy (NY) Thompson (CA) b 1647 Sec. 105. Limitations. Delahunt McCollum (MN) Sec. 106. Prohibition on leasing in certain DeLauro McDermott Thompson (MS) Tierney So the previous question was ordered. Federal protected areas. Dicks McGovern The result of the vote was announced Dingell McIntyre Towns Sec. 107. No effect on applicable law. Doggett McNerney Tsongas as above recorded. Sec. 108. Buy American requirements. Donnelly McNulty Udall (CO) The SPEAKER pro tempore. The Sec. 109. Small, woman-owned, and minor- Doyle Meek (FL) Udall (NM) question is on the resolution. ity-owned businesses. Edwards (MD) Meeks (NY) Van Hollen Sec. 110. Definitions. Edwards (TX) Melancon Vela´ zquez The resolution was agreed to. Ellison Michaud Visclosky A motion to reconsider was laid on Subtitle B—Diligent Development of Federal Ellsworth Miller (NC) Walz (MN) the table. Oil and Gas Leases Emanuel Miller, George Wasserman Sec. 121. Clarification. Engel Mitchell Schultz f Sec. 122. Covered provisions. Eshoo Mollohan Waters Sec. 123. Regulations. Watson REPORT ON RESOLUTION PRO- Etheridge Moore (KS) Sec. 124. Resource estimates and leasing Farr Moore (WI) Watt VIDING FOR CONSIDERATION OF Fattah Moran (VA) Waxman H.R. 3036, NO CHILD LEFT INSIDE program management indicators. Filner Murphy (CT) Weiner ACT OF 2008 Foster Murphy, Patrick Welch (VT) Subtitle C—Royalties Under Offshore Oil and Frank (MA) Murtha Wexler Mr. HASTINGS of Florida, from the Gas Leases Gerlach Nadler Wilson (OH) Committee on Rules, submitted a priv- Giffords Napolitano Woolsey Sec. 131. Short title. Gillibrand Neal (MA) Wu ileged report (Rept. No. 110–854) on the Sec. 132. Price thresholds for royalty sus- Gonzalez Oberstar Yarmuth resolution (H. Res. 1441) providing for pension provisions.

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0655 E:\CR\FM\K16SE7.097 H16SEPT1 jbell on PROD1PC69 with HOUSE September 16, 2008 CONGRESSIONAL RECORD — HOUSE H8181 Sec. 133. Clarification of authority to im- Sec. 606. Additional credit for Fannie Mae Subtitle B—Transportation and Domestic pose price thresholds for cer- and Freddie Mac housing goals Fuel Security Provisions tain lease sales. for energy efficient mortgages. Sec. 821. Inclusion of cellulosic biofuel in Sec. 134. Eligibility for new leases and the Sec. 607. Duty to serve underserved markets bonus depreciation for biomass transfer of leases; conservation for energy-efficient and loca- ethanol plant property. of resources fees. tion-efficient mortgages. Sec. 822. Credits for biodiesel and renewable Sec. 135. Strategic Energy Efficiency and Sec. 608. Consideration of energy efficiency diesel. Renewables Reserve. under FHA mortgage insurance Sec. 823. Clarification that credits for fuel Subtitle D—Accountability and Integrity in programs and Native American are designed to provide an in- the Federal Energy Program and Native Hawaiian loan guar- centive for United States pro- Sec. 141. Royalty in-kind. antee programs. duction. Sec. 142. Fair return on production of Fed- Sec. 609. Energy efficient mortgages edu- Sec. 824. Credit for new qualified plug-in eral oil and gas resources. cation and outreach campaign. electric drive motor vehicles. Sec. 143. Royalty-in-kind ethics. Sec. 610. Collection of information on en- Sec. 825. Exclusion from heavy truck tax for Sec. 144. Prohibition on certain gifts. ergy-efficient and location effi- idling reduction units and ad- Sec. 145. Strengthening the ability of the In- cient mortgages through Home vanced insulation. terior Department Inspector Mortgage Disclosure Act. Sec. 826. Restructuring of New York Liberty General to secure cooperation. Sec. 611. Ensuring availability of home- Zone tax credits. owners insurance for homes not Subtitle E—Federal Oil and Gas Royalty Sec. 827. Transportation fringe benefit to bi- connected to electricity grid. Reform cycle commuters. Sec. 612. Mortgage incentives for energy-ef- Sec. 828. Alternative fuel vehicle refueling Sec. 151. Amendments to definitions. ficient multifamily housing. property credit. Sec. 152. Interest. Sec. 613. Energy efficiency certifications for Sec. 829. Energy security bonds. Sec. 153. Obligation period. housing with mortgages insured Sec. 830. Certain income and gains relating Sec. 154. Tolling agreements and subpoenas. by FHA. to alcohol fuels and mixtures, Sec. 155. Liability for royalty payments. Sec. 614. Assisted housing energy loan pilot biodiesel fuels and mixtures, Subtitle F—National Petroleum Reserve in program. and alternative fuels and mix- Alaska Sec. 615. Residential energy efficiency block tures treated as qualifying in- Sec. 161. Short title. grant program. come for publicly traded part- Sec. 162. Acceleration of lease sales for Na- Sec. 616. Including sustainable development nerships. tional Petroleum Reserve in in comprehensive housing af- Subtitle C—Energy Conservation and Alaska. fordability strategies. Efficiency Provisions Sec. 163. National Petroleum Reserve in Sec. 617. Grant program to increase sustain- Sec. 841. Qualified energy conservation Alaska: pipeline construction. able low-income community de- bonds. Sec. 164. Alaska natural gas pipeline project velopment capacity. Sec. 842. Credit for nonbusiness energy prop- facilitation. Sec. 618. Utilization of energy performance erty. Sec. 165. Project labor agreements and other contracts in HOPE VI. Sec. 843. Energy efficient commercial build- pipeline requirements. Sec. 619. HOPE VI green developments re- ings deduction. Sec. 166. Ban on export of Alaskan oil. quirement. Sec. 844. Modifications of energy efficient Subtitle G—Oil Shale Sec. 620. Consideration of energy-efficiency appliance credit for appliances Sec. 171. Oil shale leasing. improvements in appraisals. produced after 2007. Sec. 621. Assistance for Housing Assistance TITLE II—CONSUMER ENERGY SUPPLY Sec. 845. Accelerated recovery period for de- Council. preciation of smart meters and Sec. 201. Short title. Sec. 622. Rural housing and economic devel- smart grid systems. Sec. 202. Definitions. opment assistance. Sec. 846. Qualified green building and sus- Sec. 203. Sale and replacement of oil from Sec. 623. Loans to States and Indian tribes tainable design projects. the Strategic Petroleum Re- to carry out renewable energy Subtitle D—Revenue Provisions serve. sources activities. TITLE III—PUBLIC TRANSPORTATION Sec. 624. Green banking centers. Sec. 851. Limitation of deduction for income attributable to domestic pro- Sec. 301. Short title. Sec. 625. Public housing energy cost report. duction of oil, gas, or primary Sec. 302. Findings. TITLE VII—MISCELLANEOUS products thereof. Sec. 303. Grants to improve public transpor- PROVISIONS Sec. 852. Clarification of determination of tation services. Sec. 701. Alternative fuel pumps. foreign oil and gas extraction Sec. 304. Increased Federal share for Clean Sec. 702. National Energy Center of Excel- income. Air Act compliance. lence. Sec. 853. Time for payment of corporate esti- Sec. 305. Transportation fringe benefits. Sec. 703. Sense of Congress regarding renew- mated taxes. Sec. 306. Capital cost of contracting vanpool able biomass. pilot program. TITLE I—FEDERAL OIL AND GAS LEASING Sec. 307. National consumer awareness pro- TITLE VIII—ENERGY TAX INCENTIVES Subtitle A—Outer Continental Shelf Oil and gram. Sec. 800. Short title, etc. Gas Leasing Sec. 308. Exception to alternative fuel pro- Subtitle A—Energy Production Incentives SEC. 101. PROHIBITION ON LEASING. curement requirement. PART 1—RENEWABLE ENERGY INCENTIVES (a) PROHIBITION.—The Outer Continental TITLE IV—GREATER ENERGY Sec. 801. Renewable energy credit. Shelf Lands Act (43 U.S.C. 1331 et seq.) not- EFFICIENCY IN BUILDING CODES Sec. 802. Production credit for electricity withstanding, the Secretary shall not take Sec. 401. Greater energy efficiency in build- produced from marine renew- nor authorize any action related to oil and ing codes. ables. gas preleasing or leasing of any area of the TITLE V—FEDERAL RENEWABLE Sec. 803. Energy credit. Outer Continental Shelf that was not avail- ELECTRICITY STANDARD Sec. 804. Credit for residential energy effi- able for oil and gas leasing as of July 1, 2008, cient property. unless that action is expressly authorized by Sec. 501. Federal renewable electricity this subtitle or a statute enacted by Con- Sec. 805. Special rule to implement FERC standard. gress after the date of enactment of this Act. and State electric restructuring TITLE VI—GREEN RESOURCES FOR (b) TREATMENT OF AREAS IN GULF OF MEX- policy. ENERGY EFFICIENT NEIGHBORHOODS ICO.—For purposes of this subtitle, such ac- Sec. 806. New clean renewable energy bonds. Sec. 601. Short title and table of contents. tion with respect to an area referred to in Sec. 602. Definitions. PART 2—CARBON MITIGATION PROVISIONS section 104(a) of the Gulf of Mexico Energy Sec. 603. Implementation of energy effi- Sec. 811. Expansion and modification of ad- Security Act of 2006 (title I of division C of ciency participation incentives vanced coal project investment Public Law 109–432; 42 U.S.C. 1331 note) taken for HUD programs. credit. or authorized after the period referred to in Sec. 604. Minimum HUD energy efficiency Sec. 812. Expansion and modification of coal that section shall be treated as authorized standards and standards for ad- gasification investment credit. by this subtitle, and such leasing of such ditional credit. Sec. 813. Temporary increase in coal excise area shall be treated as authorized under sec- Sec. 605. Energy efficiency and conservation tax. tion 102(a). demonstration program for Sec. 814. Special rules for refund of the coal SEC. 102. OPENING OF CERTAIN AREAS TO OIL multifamily housing projects excise tax to certain coal pro- AND GAS LEASING. assisted with project-based ducers and exporters. (a) LEASING AUTHORIZED.—The Secretary rental assistance. Sec. 815. Carbon audit of the tax code. may offer for oil and gas leasing, preleasing,

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\A16SE7.023 H16SEPT1 jbell on PROD1PC69 with HOUSE H8182 CONGRESSIONAL RECORD — HOUSE September 16, 2008 or other related activities, in accordance Interior on Mutual Concerns On The Outer priate, outreach programs for qualified his- with this section and the Outer Continental Continental Shelf’’ and dated July 2, 1983, torically underutilized exploration and pro- Shelf Lands Act (43 U.S.C. 1331 et seq.) and and such revisions thereto as may be agreed duction companies to participate in the bid- subject to subsection (b) of this section, sec- to by the Secretary of Defense and the Sec- ding process for offshore leases.’’. tion 103 of this Act, and section 307 of the retary of the Interior; except that no such SEC. 110. DEFINITIONS. Coastal Zone Management Act of 1972 (16 revisions may be made prior to January 21, In this subtitle: U.S.C. 1456), any area— 2009. (1) ADJACENT STATE.—The term ‘‘adjacent (1) that is in any Outer Continental Shelf (b) NATIONAL SECURITY.—Notwithstanding State’’ means, with respect to any program, Planning Area in the Atlantic Ocean or Pa- subsection (a), the United States reserves plan, lease sale, leased tract, or other activ- cific Ocean that is located farther than 50 the right to designate by and through the ity, proposed, conducted, or approved in ac- miles from the coastline; and Secretary of Defense, with the approval of cordance with the Outer Continental Shelf (2) that was not otherwise available for oil the President, national defense areas on the Lands Act (43U.S.C. 1331 et seq.), the State, and gas leasing, preleasing, and other related Outer Continental Shelf pursuant to section the laws of which are declared pursuant to activities as of July 1, 2008. 12(d) of the Outer Continental Shelf Lands section 4(a)(2) of the Outer Continental Shelf (b) INCLUSION IN LEASING PROGRAM RE- Act (43 U.S.C. 1341(d)). Lands Act (43 U.S.C.1333(a)(2)) to be the law QUIRED.—An area may be offered for lease SEC. 106. PROHIBITION ON LEASING IN CERTAIN of the United States for the portion of the under this section only if it has been in- FEDERAL PROTECTED AREAS. Outer Continental Shelf on which the pro- cluded in an Outer Continental Shelf leasing (a) IN GENERAL.—Notwithstanding any gram, plan, lease sale, leased tract, or activ- program approved by the Secretary in ac- other provision of this or any other Federal ity is, or is proposed to be, conducted. cordance with section 18 of the Outer Conti- law, no lease or other authorization may be (2) COASTAL ENVIRONMENT.—The term nental Shelf Lands Act (43 U.S.C. 1344). issued by the Federal Government that au- ‘‘coastal environment’’ has the meaning (c) REQUIREMENT TO CONDUCT LEASE thorizes exploration, development, or pro- given that term in the Outer Continental SALES.—As soon as practicable, consistent duction of oil or natural gas in— Shelf Lands Act (43 U.S.C. 1331 et seq.). with subsection (b) and section 103(a), but (1) any marine national monument or na- (3) COASTAL ZONE.—The term ‘‘coastal not later than 3 years after the date of enact- tional marine sanctuary; or zone’’ has the meaning given that term in ment of this Act, and as appropriate there- (2) the fishing grounds known as Georges the Outer Continental Shelf Lands Act (43 after, the Secretary shall conduct oil and gas Bank in the waters of the United States, U.S.C. 1331 et seq.). lease sales under the Outer Continental Shelf which is one of the largest and historically (4) COASTLINE.—The term ‘‘coastline’’ has lands Act (43 U.S.C. 1331 et seq.) for areas important fishing grounds of the United the meaning given the term ‘‘coast line’’ that are made available for leasing by this States. under section 2 of the Submerged Lands Act section. (b) IDENTIFICATION OF COORDINATES OF (43 U.S.C. 1301). SEC. 103. COASTAL STATE ROLES AND RESPON- GEORGES BANK.—The Secretary of Com- (5) HUMAN ENVIRONMENT.—The term SIBILITIES. merce, after publication of public notice and ‘‘human environment’’ has the meaning (a) STATE APPROVAL OF CERTAIN LEASING an opportunity for public comment, shall given that term in the Outer Continental REQUIRED.—The Secretary may not conduct identify the specific coordinates that delin- Shelf Lands Act (43 U.S.C. 1331 et seq.). any oil and gas leasing or preleasing activity eate Georges Bank in the waters of the (6) MARINE ENVIRONMENT.—The term ‘‘main any area made available for oil and gas United States for purposes of subsection (a). rine environment’’ has the meaning given leasing by section 102(a) that is located with- SEC. 107. NO EFFECT ON APPLICABLE LAW. that term in the Outer Continental Shelf in 100 miles from the coastline and within Except as otherwise specifically provided Lands Act (43 U.S.C. 1331 et seq.). the seaward lateral boundaries of an adja- in this subtitle, nothing in this subtitle (7) OUTER CONTINENTAL SHELF.—The term cent State, unless the adjacent State has en- waives or modifies any applicable environ- ‘‘Outer Continental Shelf’’ has the meaning acted a law approving of the issuance of such mental or other law. given the term ‘‘outer Continental Shelf’’ leasing by the Secretary. SEC. 108. BUY AMERICAN REQUIREMENTS. under section 2 of the Outer Continental (b) CONSULTATION WITH ADJACENT AND (a) IN GENERAL.—It is the intent of Con- Shelf Lands Act (43 U.S.C. 1331). NEIGHBORING STATES.— gress that this Act, among other things, re- (8) SEAWARD LATERAL BOUNDARY.—The (1) IN GENERAL.—In addition to the consult in a healthy and growing American in- term ‘‘seaward lateral boundary’’ means a sultation provided for under section 19 of the dustrial, manufacturing, transportation, and boundary drawn by the Minerals Manage- Outer Continental Shelf Lands Act (43 U.S.C. service sector employing the vast talents of ment Service in the Federal Register notice 1345), the Governor of a State that has a America’s workforce to assist in the develop- of January 3, 2006 (vol 71, no. 1). coastline within 100 miles of an area of the ment of energy from domestic sources. More- (9) SECRETARY.—The term ‘‘Secretary’’ Outer Continental Shelf being considered for over, the Congress intends to monitor the de- means the Secretary of the Interior. oil and gas leasing and made available for ployment of personnel and material onshore Subtitle B—Diligent Development of Federal such leasing by section 102(a) may submit and offshore to encourage the development Oil and Gas Leases recommendations to the Secretary with re- of American technology and manufacturing SEC. 121. CLARIFICATION. spect to— to enable United States workers to benefit The lands subject to each lease that au- (A) the size, timing, or location of a pro- from this Act by good jobs and careers, as thorizes the exploration for or development posed lease sale; or well as the establishment of important in- or production of oil or natural gas that is (B) a proposed development and production dustrial facilities to support expanded access issued under a provision of law described in plan. to American resources. section 122 shall be diligently developed for (2) REQUIREMENTS.—Subsections (b), (c), (b) SAFEGUARD FOR EXTRAORDINARY ABIL- such production by the person holding the and (d) of section 19 of the Outer Continental ITY.—Section 30(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1345) shall apply Shelf Lands Act (43 U.S.C. 1356(a)) is amend- lease in order to ensure timely production to the recommendations provided for in ed in the matter preceding paragraph (1) by from the lease. paragraph (1). striking ‘‘regulations which’’ and inserting SEC. 122. COVERED PROVISIONS. SEC. 104. PROTECTION OF THE ENVIRONMENT ‘‘regulations that shall be supplemental and The provisions referred to in section 121 AND CONSERVATION OF THE NAT- complimentary with and under no cir- are the following: URAL RESOURCES OF THE OUTER cumstances a substitution for the provisions (1) Section 17 of the Mineral Leasing Act CONTINENTAL SHELF. of the Constitution and laws of the United (30 U.S.C. 226). The Secretary— States extended to the subsoil and seabed of (2) Section 107 of the Naval Petroleum Re- (1) shall ensure that any activity under the outer Continental Shelf pursuant to sec- serves Production Act of 1976 (42 U.S.C. this subtitle is carried out in a manner that tion 4 of this Act, except insofar as such laws 6506a). provides for the protection of the coastal en- would otherwise apply to individuals who (3) The Outer Continental Shelf Lands Act vironment, marine environment, and human have extraordinary ability in the sciences, (43 11 U.S.C. 1331 et seq.). environment of State coastal zones and the arts, education, or business, which has been (4) The Mineral Leasing Act for Acquired Outer Continental Shelf; and demonstrated by sustained national or inter- Lands (30 U.S.C. 351 et seq.). (2) shall review all Federal regulations national acclaim, and that’’. SEC. 123. REGULATIONS. that are otherwise applicable to activities SEC. 109. SMALL, WOMAN-OWNED, AND MINOR- The Secretary shall issue regulations with- authorized by this subtitle to ensure envi- ITY-OWNED BUSINESSES. in 180 days after the date of enactment of ronmentally sound oil and gas operations on Section 8 of the Outer Continental Shelf this Act that establish what constitutes dili- the Outer Continental Shelf. Lands Act (43 U.S.C. 1337) is amended by add- gently developing for purposes of this sub- SEC. 105. LIMITATIONS. ing at the end the following: title. (a) COMPLIANCE WITH MEMORANDUM.—Any ‘‘(q) OPPORTUNITIES FOR LEASING.—The SEC. 124. RESOURCE ESTIMATES AND LEASING oil and gas leasing of areas of the Outer Con- Secretary shall establish goals to ensure PROGRAM MANAGEMENT INDICA- tinental Shelf shall be conducted in accord- equal opportunity to bid on offshore leases TORS. ance with the document entitled ‘‘Memo- for qualified small, women-owned, and mi- (a) IN GENERAL.—The Secretary of the In- randum of Agreement between the Depart- nority-owned exploration and production terior shall annually collect and report to ment of Defense and the Department of the companies and may implement, where appro- Congress—

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\A16SE7.023 H16SEPT1 jbell on PROD1PC69 with HOUSE September 16, 2008 CONGRESSIONAL RECORD — HOUSE H8183 (1) the number of leases and the number of gas lease issued for any Gulf of Mexico tract Secretary of the Interior by regulation shall acres of land under Federal onshore oil and during the period of January 1, 1998, through establish— gas lease, per State and per year the lease December 31, 1999, to incorporate price (A) a conservation of resources fee for pro- was issued— thresholds applicable to royalty suspension ducing Federal oil and gas leases in the Gulf (A) on which seismic exploration activity provisions, that are equal to or less than the of Mexico; and is occurring or has occurred; price thresholds described in clauses (v) (B) a conservation of resources fee for non- (B) on which permits to drill have been ap- through (vii) of section 8(a)(3)(C) of the producing Federal oil and gas leases in the plied for, but not yet awarded; Outer Continental Shelf Lands Act (43 U.S.C. Gulf of Mexico. (C) on which permits to drill have been ap- 1337(a)(3)(C)). Any amended lease shall im- (2) PRODUCING LEASE FEE TERMS.—The fee proved, but no drilling has yet occurred; pose the new or revised price thresholds ef- under paragraph (1)(A)— (D) on which wells have been drilled but no fective October 1, 2006. Existing lease provi- (A) subject to subparagraph (C), shall apply production has occurred; and sions shall prevail through September 30, to covered leases that are producing leases; (E) on which production is occurring; 2006. (B) shall be set at $9 per barrel for oil and (2) resource estimates for and the number SEC. 133. CLARIFICATION OF AUTHORITY TO IM- $1.25 per million Btu for gas, respectively, in of acres of Federal onshore and offshore POSE PRICE THRESHOLDS FOR CER- 2005 dollars; and lands, by State or offshore planning area— TAIN LEASE SALES. (C) shall apply only to production of oil or (A) under lease, per year the lease was Congress reaffirms the authority of the gas occurring— issued; Secretary of the Interior under section (i) in any calendar year in which the arith- (B) under lease and not producing, per year 8(a)(1)(H) of the Outer Continental Shelf metic average of the daily closing prices for the lease was issued; Lands Act (43 U.S.C. 1337(a)(1)(H)) to vary, light sweet crude oil on the New York Mer- (C) under lease and drilled, but not pro- based on the price of production from a cantile Exchange (NYMEX) exceeds $34.73 per ducing, per year the lease was issued; lease, the suspension of royalties under any barrel for oil and $4.34 per million Btu for (D) offered for lease in a lease sale con- lease subject to section 304 of the Outer Con- gas in 2005 dollars; and ducted during the previous year, but not tinental Shelf Deep Water Royalty Relief (ii) on or after October 1, 2006. Act (Public Law 104–58; 43 U.S.C. 1337 note). leased; and (3) NONPRODUCING LEASE FEE TERMS.—The (E) available for leasing but not under SEC. 134. ELIGIBILITY FOR NEW LEASES AND THE fee under paragraph (1)(B)— TRANSFER OF LEASES; CONSERVA- lease or offered for leasing in the previous TION OF RESOURCES FEES. (A) subject to subparagraph (C), shall apply year; (a) ISSUANCE OF NEW LEASES.— to leases that are nonproducing leases; (3) resource estimates for and the number (1) IN GENERAL.—The Secretary shall not (B) shall be set at $3.75 per acre per year in of acres of unleased Federal onshore and off- issue any new lease that authorizes the pro- 2005 dollars; and shore land available for oil and gas leasing; duction of oil or natural gas in the Gulf of (C) shall apply on and after October 1, 2006. (4) resource estimates for and the number Mexico under the Outer Continental Shelf (4) TREATMENT OF RECEIPTS.—Amounts re- of acres of areas of the Outer Continental Lands Act (43 U.S.C. 1331 et seq.) to a person ceived by the United States as fees under Shelf— described in paragraph (2) unless— this subsection shall be treated as offsetting (A) included in proposed sale areas in the (A) the person has renegotiated each cov- receipts. most recent 5-year plan developed by the ered lease with respect to which the person (c) TRANSFERS.—A lessee or any other per- Secretary pursuant to section 18 of the Outer is a lessee, to modify the payment respon- son who has any direct or indirect interest Continental Shelf Lands Act (43 U.S.C. 1344); sibilities of the person to include price in, or who derives a benefit from, a lease and thresholds that are equal to or less than the shall not be eligible to obtain by sale or (B) available for oil and gas leasing but not price thresholds described in clauses (v) other transfer (including through a swap, included in the 5-year plan; through (vii) of section 8(a)(3)(C) of the spinoff, servicing, or other agreement) any (5) the number of leases and the number of Outer Continental Shelf Lands Act (43 U.S.C. covered lease, the economic benefit of any covered lease, or any other lease for the pro- acres of Federal onshore land, per Bureau of 1337(a)(3)(C)); or duction of oil or natural gas in the Gulf of Land Management field office, offered in a (B) the person has— Mexico under the Outer Continental Shelf lease sale conducted during the previous (i) paid all fees established by the Sec- Lands Act (43 U.S.C. 1331 et seq.), unless— year, including data on the number of pro- retary under subsection (b) that are due with (1) the lessee or other person has— tests filed and how many lease tracts were respect to each covered lease for which the (A) renegotiated all covered leases of the withdrawn as a result of such protests, and person is a lessee; or lessee or other person; and how many leases were offered and issued (ii) entered into an agreement with the with stipulations as a result of those pro- Secretary under which the person is obli- (B) entered into an agreement with the tests, including the name of the entity or en- gated to pay such fees. Secretary to modify the terms of all covered tities filing the protests; leases of the lessee or other person to include (2) PERSONS DESCRIBED.—A person referred (6) the number of applications for permits to in paragraph (1) is a person that— limitations on royalty relief based on mar- to drill received, approved, pending, and de- (A) is a lessee that— ket prices that are equal to or less than the nied, in the previous year per Bureau of Land (i) holds a covered lease on the date on price thresholds described in clauses (v) Management and Minerals Management which the Secretary considers the issuance through (vii) of section 8(a)(3)(C) of the Service field office; of the new lease; or Outer Continental Shelf Lands Act (43 U.S.C. (7) the number of environmental inspec- (ii) was issued a covered lease before the 1337(a)(3)(C)); or tions conducted per State and per Bureau of date of enactment of this Act, but trans- (2) the lessee or other person has— Land Management and Minerals Manage- ferred the covered lease to another person or (A) paid all fees established by the Sec- ment Service field office in the previous entity (including a subsidiary or affiliate of retary under subsection (b) that are due with year; and the lessee) after the date of enactment of respect to each covered lease for which the (8) the number of full time staff equivalent this Act; or person is a lessee; or (FTEs) devoted to permit processing and (B) any other person or entity who has any (B) entered into an agreement with the oversight per Bureau of Land Management direct or indirect interest in, or who derives Secretary under which the person is obli- and Minerals Management Service field of- any benefit from, a covered lease; gated to pay such fees. fice. (3) MULTIPLE LESSEES.— (d) DEFINITIONS.—In this section— (b) COVERED PROVISIONS.—Subsection (a) (A) IN GENERAL.—For purposes of para- (1) COVERED LEASE.—The term ‘‘covered shall apply with respect to leases and land graph (1), if there are multiple lessees that lease’’ means a lease for oil or gas produc- eligible for leasing pursuant to— own a share of a covered lease, the Secretary tion in the Gulf of Mexico that is— (1) section 17 of the Mineral Leasing Act may implement separate agreements with (A) in existence on the date of enactment (30 U.S.C. 226); any lessee with a share of the covered lease of this Act; (2) the Mineral Leasing Act for Acquired that modifies the payment responsibilities (B) issued by the Department of the Inte- Lands (30 U.S.C. 351 et seq.); with respect to the share of the lessee to in- rior under section 304 of the Outer Conti- (3) section 107 of the Naval Petroleum Re- clude price thresholds that are equal to or nental Shelf Deep Water Royalty Relief Act serves Production Act of 1976 (42 U.S.C. less than the price thresholds described in (43 U.S.C. 1337 note; Public Law 104–58); and 6506a); or clauses (v) through (vii) of section 8(a)(3)(C) (C) not subject to limitations on royalty (4) the Outer Continental Shelf Lands Act of the Outer Continental Shelf Lands Act (43 relief based on market price that are equal (43 U.S.C. 1331 et seq.). U.S.C. 1337(a)(3)(C)). to or less than the price thresholds described Subtitle C—Royalties Under Offshore Oil and (B) TREATMENT OF SHARE AS COVERED in clauses (v) through (vii) of section Gas Leases LEASE.—Beginning on the effective date of an 8(a)(3)(C) of the Outer Continental Shelf SEC. 131. SHORT TITLE. agreement under subparagraph (A), any Lands Act (43 U.S.C. 1337(a)(3)(C)). This subtitle may be cited as the ‘‘Royalty share subject to the agreement shall not con- (2) LESSEE.—The term ‘‘lessee’’ includes Relief for American Consumers Act of 2008’’. stitute a covered lease with respect to any any person or other entity that controls, is SEC. 132. PRICE THRESHOLDS FOR ROYALTY SUS- lessees that entered into the agreement. controlled by, or is in or under common con- PENSION PROVISIONS. (b) CONSERVATION OF RESOURCES FEES.— trol with, a lessee. The Secretary of the Interior shall agree to (1) IN GENERAL.—Not later than 60 days (3) SECRETARY.—The term ‘‘Secretary’’ a request by any lessee to amend any oil and after the date of enactment of this Act, the means the Secretary of the Interior.

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\A16SE7.023 H16SEPT1 jbell on PROD1PC69 with HOUSE H8184 CONGRESSIONAL RECORD — HOUSE September 16, 2008 SEC. 135. STRATEGIC ENERGY EFFICIENCY AND ration, development, and production of oil this section are to be in addition to any RENEWABLES RESERVE. and natural gas on Federal lands, including other requirements that apply to employees (a) IN GENERAL.—For budgetary purposes, leases under the Mineral Leasing Act (30 of the Minerals Management Service. the net increase in Federal receipts by rea- U.S.C. 181 et seq.), the Mineral Leasing Act SEC. 144. PROHIBITION ON CERTAIN GIFTS. son of the enactment of this Act shall be for Acquired Lands (30 U.S.C. 351 et seq.), the Section 201 of title 18, United States Code, held in a separate account to be known as Outer Continental Shelf Lands Act (30 U.S.C. is amended— the ‘‘Strategic Energy Efficiency and Renew- 1331 et seq.), and all other mineral leasing (1) by redesignating subsections (d) and (e) ables Reserve’’. The Strategic Energy Effi- laws, are making prompt, transparent, and as subsections (e) and (f); and ciency and Renewables Reserve shall be accurate royalty payments under such (2) by inserting after subsection (c) the fol- available to offset the cost of subsequent leg- leases. lowing new subsection: islation— (b) RECOMMENDATIONS FOR LEGISLATIVE AC- ‘‘(d)(1) Whoever— (1) to accelerate the use of clean domestic TION.—In order to facilitate implementation renewable energy resources and alternative of subsection (a), the Secretary of the Inte- ‘‘(A) seeking or holding one or more leases fuels; rior shall, within 180 days after the date of of property from the United States, through (2) to promote the utilization of energy-ef- enactment of this Act and in consultation the Minerals Management Service of the De- ficient products and practices and energy with the affected States, prepare and trans- partment of the Interior, for purposes of oil conservation; mit to Congress recommendations for legis- or mineral extraction, knowingly engages in (3) to increase research, development, and lative action to improve the accurate collec- a course of conduct that consists of pro- deployment of clean renewable energy and tion of Federal oil and gas royalties. viding things of value to a public official of, or person who has been selected to be a pub- efficiency technologies; SEC. 143. ROYALTY-IN-KIND ETHICS. (4) to provide increased assistance for low lic official of, the Minerals Management (a) GIFT BAN.— income home energy and weatherization pro- Service, because of the official’s or person’s (1) PROHIBITION.—No employee of the Min- position in the Minerals Management Serv- grams; erals Management Service may— (5) to further the purposes set forth in sec- ice; or (A) accept gifts of any value from any pro- ‘‘(B) being a public official of, or person tion 1(b) of the Land and Water Conservation hibited source; or Fund Act of 1965 (16 U.S.C. 460l–4); and who has been selected to be a public official (B) seek, accept, or hold employment with of, the Minerals Management Service of the (6) to increase research, development, and any prohibited source. demonstration of carbon capture and seques- Department of the Interior, knowingly en- (2) PENALTY.—Any person who violates gages in a course of conduct consisting of re- tration technologies. paragraph (1) shall be subject to such pen- (b) PROCEDURE FOR ADJUSTMENTS.— ceiving things of value, knowing that such alties as the Secretary of the Interior con- (1) BUDGET COMMITTEE CHAIRMAN.—After things of value were provided because of the siders appropriate, which may include sus- the reporting of a bill or joint resolution, or official’s or person’s position in the Minerals pension without pay or termination. the offering of an amendment thereto or the Management Service, from a person seeking (b) TRAINING.—The Secretary of the Inte- submission of a conference report thereon, or holding one or more leases of property rior shall implement a robust ethics training providing funding for the purposes set forth from the United States, through the Min- program for employees of the Royalty-In- in subsection (a) in excess of the amounts erals Management Service, for purposes of Kind division of the Minerals Management provided for those purposes for fiscal year oil or mineral extraction; Service that is in addition to the standard 2007, the chairman of the Committee on the shall be fined under this title, imprisoned for ethics training that such employees are al- Budget of the applicable House of Congress not more than two years, or both, except ready required to attend. Such additional shall make the adjustments set forth in that a corporation, partnership, or other or- training program shall require written cer- paragraph (2) for the amount of new budget ganization that violates subparagraph (A) tification by each such employee that the authority and outlays in that measure and shall be fined $25,000,000 and an amount equal employee knows and understands the ethics the outlays flowing from that budget author- to its gross revenues arising, during the pe- requirements by which the employee is ity. riod in which the course of conduct described bound. (2) MATTERS TO BE ADJUSTED.—The adjust- in subparagraph (A) occurred, from the lease (c) CODE OF ETHICS.—The Secretary of the ments referred to in paragraph (1) are to be or leases described in that subparagraph. Interior shall promulgate, within 180 days made to— after the date of the enactment of this Act, ‘‘(2) For purposes of this subsection, the (A) the discretionary spending limits, if a code of ethics for all employees of the Min- term ‘course of conduct’ means a series of any, set forth in the appropriate concurrent erals Management Service. The code of eth- acts over a period of time evidencing a con- resolution on the budget; ics shall provide clear direction relating to tinuity of purpose. (B) the allocations made pursuant to the the obligations, prohibitions, and con- ‘‘(3)(A) The Attorney General may bring a appropriate concurrent resolution on the sequences of misconduct. civil action in the appropriate United States budget pursuant to section 302(a) of Congres- (d) DRUG TESTING.—The Secretary of the district court against any corporation, part- sional Budget Act of 1974; and Interior shall, within 180 days after the date nership, or other organization that engages (C) the budget aggregates contained in the of the enactment of this Act, implement a in conduct constituting an offense under appropriate concurrent resolution on the random drug testing program for the em- paragraph (1)(A) and, upon proof of such con- budget as required by section 301(a) of Con- ployees of the royalty-in-kind division of the duct by a preponderance of the evidence, gressional Budget Act of 1974. Minerals Management Service. such corporation, partnership, or other orga- (3) AMOUNTS OF ADJUSTMENTS.—The adjust- (e) DEFINITIONS.—In this section: nization shall be subject to a civil penalty of ments referred to in paragraphs (1) and (2) (1) GIFT.—The term ‘‘gift’’— not more than $25,000,000 and an amount shall not exceed the total of the receipts (A) includes any gratuity, favor, discount, equal to its gross revenues arising, during over a 10-year period, as estimated by the entertainment, hospitality, loan, forbear- the period in which the course of conduct de- Congressional Budget Office upon the enact- ance, or other item having monetary value; scribed in paragraph (1)(A) occurred, from ment of this Act. and the lease or leases described in that para- Subtitle D—Accountability and Integrity in (B) includes services as well as gifts of graph. the Federal Energy Program training, transportation, local travel, lodg- ‘‘(B) If a corporation, partnership, or other SEC. 141. ROYALTY IN-KIND. ings and meals, whether provided in-kind, by organization is held liable for a civil penalty Section 342(d) of the Energy Policy Act of purchase of a ticket, payment in advance, or under subparagraph (A) for a violation of 2005 (42 U.S.C. 15902(d)) is amended to read as reimbursement after the expense has been paragraph (1)(A), the United States may ter- follows: incurred. minate the lease or leases that were the sub- ‘‘(d) BENEFIT TO THE UNITED STATES RE- (2) PROHIBITED SOURCE.—The term ‘‘prohib- ject to the violation, and the United States QUIRED.—The Secretary may receive oil or ited source’’ means, with respect to an em- shall not be liable for any damages to any gas royalties in-kind only if the Secretary ployee, any person who— party to such lease or leases by reason of determines that receiving royalties in-kind (A) is seeking official action by the Min- such termination. provides benefits to the United States that erals Management Service; ‘‘(C) The imposition of a civil penalty are greater than or equal to the benefits that (B) does business or seeks to do business under this paragraph does not preclude any would likely be received if the royalties were with the Minerals Management Service; other criminal or civil statutory, common taken in-value, and if the Secretary deter- (C) conducts activities regulated by the law, or administrative remedy that is avail- mines that receiving royalties in-kind is Minerals Management Service; able to the United States, or any other per- consistent with the fiduciary duties of the (D) has interests that may be substantially son, under this section or any other law.’’. Secretary on behalf of the American peo- affected by performance or nonperformance SEC. 145. STRENGTHENING THE ABILITY OF THE ple.’’. of the employee’s official duties; or INTERIOR DEPARTMENT INSPECTOR SEC. 142. FAIR RETURN ON PRODUCTION OF FED- (E) is an organization a majority of whose GENERAL TO SECURE COOPERA- ERAL OIL AND GAS RESOURCES. members are described in any of subpara- TION. (a) ROYALTY PAYMENTS.—The Secretary of graphs (A) through (D). The Inspector General Act of 1978 (5 U.S.C. the Interior shall take all steps necessary to (f) OTHER ETHICS REQUIREMENTS APPLY.— App.) is amended by inserting after section ensure that lessees under leases for explo- The prohibitions and requirements under 8K the following:

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\A16SE7.023 H16SEPT1 jbell on PROD1PC69 with HOUSE September 16, 2008 CONGRESSIONAL RECORD — HOUSE H8185

‘‘SPECIAL PROVISIONS CONCERNING THE (b) SUBPOENAS.—Section 115(d)(2)(A) of the ural Gas Pipeline Act (division C of Public DEPARTMENT OF THE INTERIOR Federal Oil and Gas Royalty Management Law 108–324; 15 U.S.C. 720 et seq.) and other ‘‘SEC. 8L. Notwithstanding section 6(a)(4), Act of 1982 (30 U.S.C. 1724(d)(2)(A)) is amend- applicable law, coordinate with producers of the Inspector General of the Department of ed by striking ‘‘(with notice to the lessee natural gas on the North Slope of Alaska, the Interior may, in any inquiry or inves- who designated the designee, which notice Federal agencies, the State of Alaska, Cana- tigation involving leases of property from shall not constitute a subpoena to the les- dian authorities, pipeline companies, and the United States through the Minerals Man- see)’’. other interested persons in order to facili- agement Services for purposes of oil and SEC. 155. LIABILITY FOR ROYALTY PAYMENTS. tate construction of a natural gas pipeline mineral extraction, require by subpoena the Section 102(a) of the Federal Oil and Gas from Alaska to United States markets as ex- production of all information, documents, Royalty Management Act of 1982 (30 U.S.C. peditiously as possible. reports, answers, records, accounts, papers, 1712(a)) is amended to read as follows: SEC. 165. PROJECT LABOR AGREEMENTS AND and other data in any medium, including ‘‘(a) In order to increase receipts and OTHER PIPELINE REQUIREMENTS. electronically stored information and tan- achieve effective collections of royalty and (a) PROJECT LABOR AGREEMENTS.—The gible things, and testimony necessary in the other payments, a lessee who is required to President, as a term and condition of any performance of the functions assigned by make any royalty or other payment under a permit required under Federal law for the this Act, which subpoena, in the case of con- lease or under the mineral leasing laws, shall pipelines referred to in section 163 and 164, make such payments in the time and manner tumacy or refusal to obey, shall be enforce- and in recognizing the Government’s interest as may be specified by the Secretary or the able by order of any appropriate United in labor stability and in the ability of con- applicable delegated State. Any person who States district court: Provided, that proce- struction labor and management to meet the pays, offsets or credits monies, makes ad- dures other than subpoenas shall be used by particular needs and conditions of such pipe- justments, requests and receives refunds, or the Inspector General to obtain documents, lines to be developed under such permits and submits reports with respect to payments information, or testimony from Federal the special concerns of the holders of such the lessee must make is the lessee’s designee agencies.’’. permits, shall require that the operators of under this Act. Notwithstanding any other such pipelines and their agents and contrac- Subtitle E—Federal Oil and Gas Royalty provision of this Act to the contrary, a des- tors negotiate to obtain a project labor Reform ignee shall be liable for any payment obliga- agreement for the employment of laborers SEC. 151. AMENDMENTS TO DEFINITIONS. tion of any lessee on whose behalf the des- and mechanics on production, maintenance, Section 3 of the Federal Oil and Gas Roy- ignee pays royalty under the lease. The per- and construction for such pipelines. alty Management Act of 1982 (30 U.S.C. 1702) son owning operating rights in a lease and a (b) PIPELINE MAINTENANCE.—The Secretary is amended— person owning legal record title in a lease of Transportation shall require every pipe- (1) in paragraph (20)(A), by striking ‘‘: Pro- shall be liable for that person’s pro rata line operator authorized to transport oil and vided, That’’ and all that follows through share of payment obligations under the gas produced under Federal oil and gas leases ‘‘subject of the judicial proceeding’’; lease.’’. in Alaska through the Trans-Alaska Pipe- (2) in paragraph (20)(B), by striking ‘‘(with Subtitle F—National Petroleum Reserve in line, any pipeline constructed pursuant to written notice to the lessee who designated Alaska section 163 or 164 of this Act, or any other the designee)’’; SEC. 161. SHORT TITLE. federally approved pipeline transporting oil (3) in paragraph (23)(A), by striking ‘‘(with This subtitle may be cited as the ‘‘Drill and gas from the North Slope of Alaska, to written notice to the lessee who designated Responsibly in Leased Lands Act of 2008’’. certify to the Secretary of Transportation the designee)’’; SEC. 162. ACCELERATION OF LEASE SALES FOR annually that such pipeline is being fully (4) by amending paragraph (24) to read as NATIONAL PETROLEUM RESERVE IN maintained and operated in an efficient man- follows: ALASKA. ner. The Secretary of Transportation shall ‘‘(24) ‘designee’ means any person who Section 107(d) of the Naval Petroleum Re- assess appropriate civil penalties for viola- pays, offsets, or credits monies, makes ad- serves Production Act of 1976 (42 U.S.C. tions of this requirement in the same man- justments, requests and receives refunds, or 6506a(d)) is amended— ner as civil penalties are assessed for viola- submits reports with respect to payments a (1) by striking ‘‘(d)’’ and all that follows tions under section 60122(a)(1) of title 49, lessee must make pursuant to section through ‘‘; first lease sale’’ and inserting the United States Code. 102(a);’’; following: SEC. 166. BAN ON EXPORT OF ALASKAN OIL. ‘‘(d) LEASE SALES.— (5) in paragraph (25)(B), by striking ‘‘(sub- (a) REPEAL OF PROVISION AUTHORIZING EX- ‘‘(1) FIRST LEASE SALE.—The first lease ject to the provisions of section 102(a) of this PORTS.—Section 28(s) of the Mineral Leasing Act)’’; and sale’’; and Act (30 U.S.C. 185(s)) is repealed. (6) in paragraph (26), by striking ‘‘(with no- (2) by adding at the end the following: (b) REIMPOSITION OF PROHIBITION ON CRUDE UBSEQUENT LEASE SALES tice to the lessee who designated the des- ‘‘(2) S .—The Sec- OIL EXPORTS.—Upon the effective date of ignee)’’. retary shall accelerate, to the maximum ex- this Act, subsection (d) of section 7 of the SEC. 152. INTEREST. tent practicable, competitive and environ- Export Administration Act of 1979 (50 U.S.C. mentally responsible leasing of oil and gas in (a) ESTIMATED PAYMENTS; INTEREST ON App. 2406(d)), shall be effective, and any the Reserve in accordance with this Act and AMOUNT OF UNDERPAYMENT.—Section 111(j) of other provision of that Act (including sec- the Federal Oil and Gas Royalty Manage- all applicable environmental laws, including tions 11 and 12) shall be effective to the ex- ment Act of 1982 (30 U.S.C. 1721(j)) is amend- at least 1 lease sale during each of calendar tent necessary to carry out such section 7(d), ed by striking ‘‘If the estimated payment ex- years 2009 through 2013.’’. notwithstanding section 20 of that Act or ceeds the actual royalties due, interest is SEC. 163. NATIONAL PETROLEUM RESERVE IN any other provision of law that would other- owed on the overpayment.’’. ALASKA: PIPELINE CONSTRUCTION. wise allow exports of oil to which such sec- The Federal Energy Regulatory Commis- (b) OVERPAYMENTS.—Section 111 of the tion 7(d) applies. sion shall facilitate, in an environmentally Federal Oil and Gas Royalty Management responsible manner and in coordination with Subtitle G—Oil Shale Act of 1982 (30 U.S.C. 1721) is amended by the Secretary of the Interior, the Secretary SEC. 171. OIL SHALE LEASING. striking subsections (h) and (i). of Transportation, the Secretary of Energy, (a) REPEAL OF RESTRICTION.—Section 433 of (c) EFFECTIVE DATE.—The amendments and the State of Alaska, the construction of the Department of the Interior, Environ- made by this section shall be effective one pipelines necessary to transport oil and nat- ment, and Related Agencies Appropriations year after the date of enactment of this Act. ural gas from or through the National Petro- Act, 2008 (division F of Public Law 110–161; SEC. 153. OBLIGATION PERIOD. leum Reserve in Alaska to existing transpor- 121 Stat. 2152) is repealed. Section 115(c) of the Federal Oil and Gas tation or processing infrastructure on the (b) REQUIREMENT THAT STATE APPROVE OF Royalty Management Act of 1982 (30 U.S.C. North Slope of Alaska. OIL SHALE LEASING.—Section 369 of the En- 1724(c)) is amended by adding at the end the SEC. 164. ALASKA NATURAL GAS PIPELINE ergy Policy Act of 2005 (42 U.S.C. 15927) is following: PROJECT FACILITATION. amended by adding at the end the following: ‘‘(3) ADJUSTMENTS.—In the case of an ad- (a) FINDINGS.—Congress finds the fol- ‘‘(t) REQUIREMENT THAT STATE APPROVE OF justment under section 111A(a) (30 U.S.C. lowing: OIL SHALE LEASING.—No lease may be issued 1721a(a)) in which a recoupment by the lessee (1) Over 35 trillion cubic feet of natural gas under this section, section 21 of the Mineral results in an underpayment of an obligation, reserves have been discovered on Federal and Leasing Act (30 U.S.C. 241), or any other law, for purposes of this Act the obligation be- State lands currently open to oil and natural for exploration, research, development, or comes due on the date the lessee or its des- gas leasing on the North Slope of Alaska. production of oil shale on lands located in a ignee makes the adjustment.’’. (2) These gas supplies could make a signifi- State, unless the State has enacted a law ap- SEC. 154. TOLLING AGREEMENTS AND SUB- cant contribution to meeting the energy proving of Federal oil shale leasing in the POENAS. needs of the United States, but the lack of a State. Nothing in this subsection shall be (a) TOLLING AGREEMENTS.—Section natural gas transportation system has pre- construed as preventing the Department of 115(d)(1) of the Federal Oil and Gas Royalty vented these natural gas reserves from the Interior from preparing an environ- Management Act of 1982 (30 U.S.C. 1724(d)(1)) reaching markets in the lower 48 States. mental impact statement under the existing is amended by striking ‘‘(with notice to the (b) FACILITATION BY PRESIDENT.—The authority under the National Environmental lessee who designated the designee)’’. President shall, pursuant to the Alaska Nat- Policy Act of 1969 (42 U.S.C. 4321 et seq.) with

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\A16SE7.023 H16SEPT1 jbell on PROD1PC69 with HOUSE H8186 CONGRESSIONAL RECORD — HOUSE September 16, 2008 respect to an individual lease sale proposed TITLE III—PUBLIC TRANSPORTATION Code, the Secretary of Transportation may under the commercial leasing program es- SEC. 301. SHORT TITLE. make grants under such sections from tablished under this section.’’. This title may be cited as the ‘‘Saving En- amounts appropriated under subsection (a) only for one or more of the following: TITLE II—CONSUMER ENERGY SUPPLY ergy Through Public Transportation Act of 2008’’. (1) If the recipient of the grant is reducing, SEC. 201. SHORT TITLE. or certifies to the Secretary within the time SEC. 302. FINDINGS. This title may be cited as the ‘‘Consumer Congress finds the following: the Secretary prescribes that, during the term of the grant, the recipient will reduce Energy Supply Act of 2008’’. (1) In 2007, people in the United States took one or more fares the recipient charges for more than 10.3 billion trips using public SEC. 202. DEFINITIONS. public transportation, or in the case of sub- transportation, the highest level in 50 years. In this title— section (f) of such section 5311, intercity bus (2) Public transportation use in the United (1) the term ‘‘light grade petroleum’’ service, those operating costs of equipment States is up 32 percent since 1995, a figure means crude oil with an API gravity of 30 de- and facilities being used to provide the pub- that is more than double the growth rate of grees or higher; lic transportation, or in the case of sub- the Nation’s population and is substantially (2) the term ‘‘heavy grade petroleum’’ section (f) of such section 5311, intercity bus greater than the growth rate for vehicle means crude oil with an API gravity of 26 de- service, that the recipient is no longer able miles traveled on the Nation’s highways for grees or lower; and to pay from the revenues derived from such that same period. (3) the term ‘‘Secretary’’ means the Sec- fare or fares as a result of such reduction. (3) Public transportation use saves fuel, re- retary of Energy. (2) If the recipient of the grant is expand- duces emissions, and saves money for the ing, or certifies to the Secretary within the SEC. 203. SALE AND REPLACEMENT OF OIL FROM people of the United States. THE STRATEGIC PETROLEUM RE- time the Secretary prescribes that, during (4) The direct petroleum savings attrib- SERVE. the term of the grant, the recipient will ex- utable to public transportation use is 1.4 bil- pand public transportation service, or in the (a) INITIAL PETROLEUM SALE AND REPLACE- lion gallons per year, and when the sec- case of subsection (f) of such section 5311, MENT.—Notwithstanding section 161 of the ondary effects of transit availability on trav- intercity bus service, those operating and Energy Policy and Conservation Act (42 el are also taken into account, public trans- capital costs of equipment and facilities U.S.C. 6241), the Secretary shall publish a portation use saves the United States the being used to provide the public transpor- plan not later than 15 days after the date of equivalent of 4.2 billion gallons of gasoline tation service, or in the case of subsection (f) enactment of this Act to— per year (more than 11 million gallons of gas- of such section 5311, intercity bus service, (1) sell, in the amounts and on the schedule oline per day). that the recipient incurs as a result of the described in subsection (b), light grade petro- (5) Public transportation use in the United expansion of such service. leum from the Strategic Petroleum Reserve States is estimated to reduce carbon dioxide (3) To avoid increases in fares for public and acquire an equivalent volume of heavy emissions by 37 million metric tons annu- transportation, or in the case of subsection grade petroleum; ally. (f) of such section 5311, intercity bus service, (2) deposit the cash proceeds from sales (6) An individual who commutes to work or decreases in current public transportation under paragraph (1) into the SPR Petroleum using a single occupancy vehicle can reduce service, or in the case of subsection (f) of Account established under section 167 of the carbon dioxide emissions by 20 pounds per such section 5311, intercity bus service, that Energy Policy and Conservation Act (42 day (more than 4,800 pounds per year) by would otherwise result from an increase in U.S.C. 6247); and switching to public transportation. costs to the public transportation or inter- (3) from the cash proceeds deposited pursu- (7) Public transportation use provides an city bus agency for transportation-related ant to paragraph (2), withdraw the amount affordable alternative to driving, as house- fuel or meeting additional transportation-re- necessary to pay for the direct administra- holds that use public transportation save an lated equipment or facility maintenance tive and operational costs of the sale and ac- average of $6,251 every year. needs, if the recipient of the grant certifies quisition. (8) Although under existing laws Federal to the Secretary within the time the Sec- (b) AMOUNTS AND SCHEDULE.—The sale and employees in the National Capital Region re- retary prescribes that, during the term of acquisition described in subsection (a) shall ceive transit benefits, transit benefits should the grant, the recipient will not increase the require the offer for sale of a total quantity be available to all Federal employees in the fares that the recipient charges for public of 70,000,000 barrels of light grade petroleum United States so that the Federal Govern- transportation, or in the case of subsection from the Strategic Petroleum Reserve. The ment sets a leading example of greater pub- (f) of such section 5311, intercity bus service, sale shall commence, whether or not a plan lic transportation use. or, will not decrease the public transpor- has been published under subsection (a), not (9) Public transportation stakeholders tation service, or in the case of subsection (f) later than 30 days after the date of enact- should engage and involve local communities of such section 5311, intercity bus service, ment of this Act and be completed no more in the education and promotion of the impor- that the recipient provides. than six months after the date of enactment tance of utilizing public transportation. (4) If the recipient of the grant is acquir- of this Act, with at least 20,000,000 barrels to (10) Increasing public transportation use is ing, or certifies to the Secretary within the be offered for sale within the first 60 days a national priority. after the date of enactment of this Act. In no time the Secretary prescribes that, during SEC. 303. GRANTS TO IMPROVE PUBLIC TRANS- the term of the grant, the recipient will ac- event shall the Secretary sell barrels of oil PORTATION SERVICES. quire, clean fuel or alternative fuel vehicle- under subsection (a) that would result in a (a) AUTHORIZATIONS OF APPROPRIATIONS.— related equipment or facilities for the pur- Strategic Petroleum Reserve that contains (1) URBANIZED AREA FORMULA GRANTS.—In pose of improving fuel efficiency, the costs of fewer than 90 percent of the total amount of addition to amounts allocated under section acquiring the equipment or facilities. barrels in the Strategic Petroleum Reserve 5338(b)(2)(B) of title 49, United States Code, (5) If the recipient of the grant is estab- as of the date of enactment of this Act. to carry out section 5307 of such title, there lishing or expanding, or certifies to the Sec- Heavy grade petroleum, to replace the quan- is authorized to be appropriated $750,000,000 retary within the time the Secretary pre- tities of light grade petroleum sold under for each of fiscal years 2008 and 2009 to carry scribes that, during the term of the grant, this section, shall be obtained through acqui- out such section 5307. Such funds shall be ap- the recipient will establish or expand, com- sitions which— portioned, not later than 7 days after the muter matching services to provide com- (1) shall commence no sooner than 6 date on which the funds are appropriated, in muters with information and assistance months after the date of enactment of this accordance with section 5336 (other than sub- about alternatives to single occupancy vehi- Act; sections (i)(1) and (j)) of such title but may cle use, those administrative costs in estab- (2) shall be completed, at the discretion of not be combined or commingled with any lishing or expanding such services. the Secretary, not later than 5 years after other funds apportioned under such section the date of enactment of this Act; (c) FEDERAL SHARE.—Notwithstanding any 5336. other provision of law, the Federal share of (3) shall be carried out in a manner so as to (2) FORMULA GRANTS FOR OTHER THAN UR- maximize the monetary value to the Federal the costs for which a grant is made under BANIZED AREAS.—In addition to amounts al- this section shall be 100 percent. Government; and located under section 5338(b)(2)(G) of title 49, (d) PERIOD OF AVAILABILITY.—Funds appro- (4) shall be carried out using the receipts United States Code, to carry out section 5311 priated under this section shall remain from the sales of light grade petroleum au- of such title, there is authorized to be appro- available for a period of 2 fiscal years. thorized under this section. priated $100,000,000 for each of fiscal years SEC. 304. INCREASED FEDERAL SHARE FOR (c) DEFERRALS.—The Secretary is encour- 2008 and 2009 to carry out such section 5311. CLEAN AIR ACT COMPLIANCE. aged to, when economically beneficial and Such funds shall be apportioned, not later Notwithstanding section 5323(i)(1) of title practical, grant requests to defer scheduled than 7 days after the date on which the funds 49, United States Code, a grant for a project deliveries of petroleum to the Reserve under are appropriated, in accordance with such to be assisted under chapter 53 of such title subsection (a) if the deferral will result in a section 5311 but may not be combined or during fiscal years 2008 and 2009 that in- premium paid in additional barrels of oil commingled with any other funds appor- volves acquiring clean fuel or alternative which will reduce the cost of oil acquisition tioned under such section 5311. fuel vehicle-related equipment or facilities and increase the volume of oil delivered to (b) USE OF FUNDS.—Notwithstanding sec- for the purposes of complying with or main- the Reserve or yield additional cash bonuses. tions 5307 and 5311 of title 49, United States taining compliance with the Clean Air Act

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\A16SE7.023 H16SEPT1 jbell on PROD1PC69 with HOUSE September 16, 2008 CONGRESSIONAL RECORD — HOUSE H8187 (42 U.S.C. 7401 et seq.) shall be for 100 percent ‘‘(ii) removal from the program is included pilot program, the Secretary shall allow the of the net project cost of the equipment or in the procedures of the agency relating to non-Federal share provided by a recipient of facility attributable to compliance with that an employee separating from employment assistance for a capital project under chapter Act unless the grant recipient requests a with the agency; and 53 of such title to include the amounts de- lower grant percentage. ‘‘(iii) benefits provided by the agency scribed in paragraph (2). SEC. 305. TRANSPORTATION FRINGE BENEFITS. under the program are made available using (2) CONDITIONS ON ACQUISITION OF VANS.— (a) REQUIREMENT THAT AGENCIES OFFER an electronic format (rather than using The amounts referred to in paragraph (1) are TRANSIT PASS TRANSPORTATION FRINGE BENE- paper fare media) where such a format is any amounts expended by a private provider FITS TO THEIR EMPLOYEES NATIONWIDE.— available for use. of public transportation by vanpool for the (1) IN GENERAL.—Section 3049(a)(1) of the ‘‘(E) ENFORCEMENT AND PENALTIES.—The acquisition of vans to be used by such pri- Safe, Accountable, Flexible, Efficient Trans- guidance to be issued under subparagraph (A) vate provider in the recipient’s service area, portation Equity Act: A Legacy for Users (5 shall contain a uniform administrative pol- excluding any amounts the provider may U.S.C. 7905 note; 119 Stat. 1711) is amended— icy on enforcement and penalties. Such pol- have received in Federal, State, or local gov- (A) by striking ‘‘Effective’’ and all that fol- icy shall be implemented by each agency to ernment assistance for such acquisition, if lows through ‘‘each covered agency’’ and in- ensure compliance with program require- the private provider enters into a legally serting ‘‘Each agency’’; and ments, to prevent fraud and abuse, and, as binding agreement with the recipient that (B) by inserting ‘‘at a location in an urban- appropriate, to penalize employees who have requires the private provider to use all reve- ized area of the United States that is served abused or misused the benefits provided nues it receives in providing public transpor- by fixed route public transportation’’ before under the program. tation in such service area, in excess of its ‘‘shall be offered’’. ‘‘(F) PERIODIC REVIEWS.—The guidance to operating costs, for the purpose of acquiring (2) CONFORMING AMENDMENTS.—Section be issued under subparagraph (A) shall re- vans to be used by the private provider in 3049(a) of such Act (5 U.S.C. 7905 note; 119 quire each agency, not later than September such service area. Stat. 1711) is amended— 1 of the first fiscal year beginning after the (c) PROGRAM TERM.—The Secretary may (A) in paragraph (3)— date of enactment of this paragraph, and approve an application for a vanpool dem- (i) by striking subparagraph (A); and every 3 years thereafter, to develop and sub- onstration project for fiscal years 2008 (ii) by redesignating subparagraphs (B) mit to the Secretary a review of the agency’s through 2009. through (F) as subparagraphs (A) through implementation of the program. Each such (d) REPORT TO CONGRESS.—Not later than (E), respectively; and review shall contain, at a minimum, the fol- one year after the date of enactment of this (B) in paragraph (4) by striking ‘‘a covered lowing: Act, the Secretary shall submit to the Com- agency’’ and inserting ‘‘an agency’’. ‘‘(i) An assessment of the agency’s imple- mittee on Transportation and Infrastructure (b) BENEFITS DESCRIBED.—Section 3049(a)(2) mentation of the guidance, including a sum- of the House of Representatives and the of such Act (5 U.S.C. 7905 note; 119 Stat. 1711) mary of the audits and investigations, if any, Committee on Banking, Housing, and Urban is amended by striking the period at the end of the program conducted by the Inspector Affairs of the Senate a report containing an and inserting the following: ‘‘, except that General of the agency. assessment of the costs, benefits, and effi- the maximum level of such benefits shall be ‘‘(ii) Information on the total number of the maximum amount which may be ex- ciencies of the vanpool demonstration employees of the agency that are partici- projects. cluded from gross income for qualified park- pating in the program. ing as in effect for a month under section ‘‘(iii) Information on the total number of SEC. 307. NATIONAL CONSUMER AWARENESS PROGRAM. 132(f)(2)(B) of the Internal Revenue Code of single occupancy vehicles removed from the 1986.’’. roadway network as a result of participation (a) IN GENERAL.—The Secretary of Trans- (c) GUIDANCE.—Section 3049(a) of such Act by employees of the agency in the program. portation shall carry out a national con- (5 U.S.C. 7905 note; 119 Stat. 1711) is amended ‘‘(iv) Information on energy savings and sumer awareness program to educate the by adding at the end the following: emissions reductions, including reductions public on the environmental, energy, and ‘‘(5) GUIDANCE.— in greenhouse gas emissions, resulting from economic benefits of public transportation ‘‘(A) ISSUANCE.—Not later than 60 days reductions in single occupancy vehicle use alternatives to the use of single occupancy after the date of enactment of this para- by employees of the agency that are partici- vehicles. graph, the Secretary of Transportation shall pating in the program. (b) AUTHORIZATION OF APPROPRIATIONS.— issue guidance on nationwide implementa- ‘‘(v) Information on reduced congestion There is authorized to be appropriated to tion of the transit pass transportation fringe and improved air quality resulting from re- carry out this section $1,000,000 for fiscal benefits program under this subsection. ductions in single occupancy vehicle use by year 2009. Such sums shall remain available ‘‘(B) UNIFORM APPLICATION.— employees of the agency that are partici- until expended. ‘‘(i) IN GENERAL.—The guidance to be pating in the program. SEC. 308. EXCEPTION TO ALTERNATIVE FUEL issued under subparagraph (A) shall contain ‘‘(vi) Recommendations to increase pro- PROCUREMENT REQUIREMENT. a uniform application for use by all Federal gram participation and thereby reduce single Section 526 of the Energy Independence employees applying for benefits from an occupancy vehicle use by Federal employees and Security Act of 2007 (Public Law 110–140; agency under the program. nationwide. 42 U.S. C. 17142) is amended— ‘‘(ii) REQUIRED INFORMATION.—As part of ‘‘(6) REPORTING REQUIREMENTS.—Not later (1) by striking ‘‘No Federal agency’’ and such an application, an employee shall pro- than September 30 of the first fiscal year be- inserting ‘‘(a) REQUIREMENT.—Except as provide, at a minimum, the employee’s home ginning after the date of enactment of this vided in subsection (b), no Federal agency’’; and work addresses, a breakdown of the em- paragraph, and every 3 years thereafter, the and ployee’s commuting costs, and a certifi- Secretary shall submit to the Committee on (2) by adding at the end the following: cation of the employee’s eligibility for bene- Transportation and Infrastructure and the ‘‘(b) EXCEPTION.—Subsection (a) does not fits under the program. Committee on Oversight and Government prohibit a Federal agency from entering into ‘‘(iii) WARNING AGAINST FALSE STATE- Reform of the House of Representatives and a contract to purchase a generally available MENTS.—Such an application shall contain a the Committee on Banking, Housing, and fuel that is not an alternative or synthetic warning against making false statements in Urban Affairs of the Senate a report on na- fuel or predominantly produced from a non- the application. tionwide implementation of the transit pass conventional petroleum source, if— ‘‘(C) INDEPENDENT VERIFICATION REQUIRE- transportation fringe benefits program under ‘‘(1) the contract does not specifically re- MENTS.—The guidance to be issued under this subsection, including a summary of the quire the contractor to provide an alter- subparagraph (A) shall contain independent information submitted by agencies pursuant native or synthetic fuel or fuel from a non- verification requirements to ensure that, to paragraph (5)(F).’’. conventional petroleum source; with respect to an employee of an agency— (d) EFFECTIVE DATE.—Except as otherwise ‘‘(2) the purpose of the contract is not to ‘‘(i) the eligibility of the employee for ben- specifically provided, the amendments made obtain an alternative or synthetic fuel or efits under the program is verified by an offi- by this section shall become effective on the fuel from a nonconventional petroleum cial of the agency; first day of the first fiscal year beginning source; and ‘‘(ii) employee commuting costs are after the date of enactment of this Act. ‘‘(3) the contract does not provide incen- verified by an official of the agency; and SEC. 306. CAPITAL COST OF CONTRACTING VAN- tives for a refinery upgrade or expansion to ‘‘(iii) records of the agency are checked to POOL PILOT PROGRAM. allow a refinery to use or increase its use of ensure that the employee is not receiving (a) ESTABLISHMENT.—The Secretary of fuel from a nonconventional petroleum parking benefits from the agency. Transportation shall establish and imple- source.’’. ‘‘(D) PROGRAM IMPLEMENTATION REQUIRE- ment a pilot program to carry out vanpool MENTS.—The guidance to be issued under demonstration projects in not more than 3 TITLE IV—GREATER ENERGY EFFICIENCY subparagraph (A) shall contain program im- urbanized areas and not more than 2 other IN BUILDING CODES plementation requirements applicable to than urbanized areas. SEC. 401. GREATER ENERGY EFFICIENCY IN each agency to ensure that— (b) PILOT PROGRAM.— BUILDING CODES. ‘‘(i) benefits provided by the agency under (1) IN GENERAL.—Notwithstanding section (a) IN GENERAL.—Section 304 of the Energy the program are adjusted in cases of em- 5323(i) of title 49, United States Code, for Conservation and Production Act (42 U.S.C. ployee travel, leave, or change of address; each project selected for participation in the 6833) is amended to read as follows:

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\A16SE7.023 H16SEPT1 jbell on PROD1PC69 with HOUSE H8188 CONGRESSIONAL RECORD — HOUSE September 16, 2008 ‘‘SEC. 304. UPDATING STATE BUILDING ENERGY date specified in subsection (a)(2), or makes ‘‘(A) the status of the State with respect to EFFICIENCY CODES. a negative determination, each State shall meeting the requirements and submitting ‘‘(a) UPDATING NATIONAL MODEL BUILDING within 2 years after the specified date or the the certification; and ENERGY CODES.—(1) The Secretary shall sup- date of the determination, certify that it has ‘‘(B) a plan for meeting the requirements port updating the national model building reviewed the revised code or standard, and and submitting the certification. energy codes and standards at least every updated the provisions of its building code ‘‘(2) Any State for which the Secretary has three years to achieve overall energy sav- regarding energy efficiency to meet or ex- not accepted a certification by a deadline ings, compared to the 2006 IECC for residen- ceed any provisions found to improve energy under subsection (b) or (c) of this section is tial buildings and ASHRAE Standard 90.1– efficiency in buildings, or to achieve equiva- out of compliance with this section. 2004 for commercial buildings, of at least— lent or greater energy savings in other ways. ‘‘(3) In any State that is out of compliance ‘‘(A) 30 percent in editions of each model ‘‘(c) STATE CERTIFICATION OF COMPLIANCE with this section, a local government may be code or standard released in or after 2010; WITH BUILDING CODES.—(1) Each State shall, in compliance with this section by meeting and not later than 3 years after a certification the certification requirements under sub- ‘‘(B) 50 percent in editions of each model under subsection (b), certify that it has— sections (b) and (c) of this section. code or standard released in or after 2020. ‘‘(A) achieved compliance under paragraph ‘‘(4) The Secretary shall annually submit Targets for specific years shall be set by the (3) with the certified State building energy to Congress, and publish in the Federal Reg- Secretary at least 3 years in advance of each code or with the associated model code or ister, a report on the status of national target year, coordinated with the IECC and standard; or model building energy codes and standards, ASHRAE Standard 90.1 cycles, at the max- ‘‘(B) made significant progress under para- the status of code adoption and compliance imum level of energy efficiency that is tech- graph (4) toward achieving compliance with in the States, and implementation of this nologically feasible and life-cycle cost effec- the certified State building energy code or section. The report shall include estimates of tive. with the associated model code or standard. impacts of past action under this section and ‘‘(2)(A) Whenever the provisions of the If the State certifies progress toward achiev- potential impacts of further action on life- IECC or ASHRAE Standard 90.1 regarding ing compliance, the State shall repeat the time energy use by buildings and resulting building energy use are revised, the Sec- certification each year until it certifies that energy costs to individuals and businesses. retary shall make a preliminary determina- it has achieved compliance. ‘‘(e) TECHNICAL ASSISTANCE.—(1) The Sec- tion not later than 90 days after the date of ‘‘(2) A certification under paragraph (1) retary shall on a timely basis provide tech- the revision, and a final determination not shall include documentation of the rate of nical assistance to model code-setting and later than 12 months after the date of such compliance based on independent inspections standard development organizations. This revision, on— of a random sample of the new and renovated assistance shall include technical assistance ‘‘(i) whether such revision will improve en- buildings covered by the code in the pre- as requested by the organizations in evalu- ergy efficiency in buildings; and ceding year, or based on an alternative ating code or standards proposals or revi- ‘‘(ii) whether such revision will meet the method that yields an accurate measure of sions, building energy analysis and design targets under paragraph (1). compliance. tools, building demonstrations, and design ‘‘(3)(A) A State shall be considered to ‘‘(B) If the Secretary makes a determina- assistance and training. The Secretary shall achieve compliance under paragraph (1) if— tion under subparagraph (A)(ii) that a code submit code and standard amendment pro- ‘‘(i) at least 90 percent of new and ren- or standard does not meet the targets under posals, with supporting evidence, sufficient paragraph (1), or if a national model code or ovated building space covered by the code in to enable the national model building energy standard is not updated for more than three the preceding year substantially meets all codes and standards to meet the targets in years, then the Secretary shall, within 12 the requirements of the code regarding en- subsection (a)(1). months after such determination, establish a ergy efficiency, or achieves an equivalent en- ‘‘(2) The Secretary shall provide technical modified code or standard that meets such ergy savings level; or assistance to States to implement the re- targets. Any such modified code or stand- ‘‘(ii) the estimated excess energy use of quirements of this section, including proce- ard— new and renovated buildings that did not dures for States to demonstrate that their ‘‘(i) shall achieve the maximum level of en- meet the code in the preceding year, com- code provisions achieve equivalent or greater ergy savings that is technologically feasible pared to a baseline of comparable buildings energy savings than the national model and life-cycle cost-effective; that meet the code, is not more than 5 per- codes and standards, and to improve and im- ‘‘(ii) shall be based on the latest revision of cent of the estimated energy use of all new plement State residential and commercial the IECC or ASHRAE Standard 90.1, includ- and renovated buildings covered by the code building energy efficiency codes or to other- ing any amendments or additions thereto, in the preceding year. wise promote the design and construction of ‘‘(B) Only renovations with building per- but may also consider other model codes or energy efficient buildings. mits are covered under this paragraph. If the standards; and ‘‘(f) AVAILABILITY OF INCENTIVE FUNDING.— Secretary determines the percentage targets ‘‘(iii) shall serve as the baseline for the (1) The Secretary shall provide incentive under subparagraph (A) are not reasonably next determination under subparagraph funding to States to implement the require- achievable for renovated residential or com- (A)(i). ments of this section, and to improve and ‘‘(C) The Secretary shall provide the oppor- mercial buildings, the Secretary may reduce the targets for such renovated buildings to implement State residential and commercial tunity for public comment on targets, deter- building energy efficiency codes, including minations, and modified codes and standards the highest achievable level. increasing and verifying compliance with under this subsection, and shall publish no- ‘‘(4)(A) A State shall be considered to have such codes. In determining whether, and in tice of targets, determinations, and modified made significant progress toward achieving what amount, to provide incentive funding codes and standards under this subsection in compliance for purposes of paragraph (1) if under this subsection, the Secretary shall the Federal Register. the State— consider the actions proposed by the State to ‘‘(b) STATE CERTIFICATION OF BUILDING EN- ‘‘(i) has developed and is implementing a implement the requirements of this section, ERGY CODE UPDATES.—(1) Not later than 2 plan for achieving compliance within 8 years after the date of enactment of this sub- years, assuming continued adequate funding, to improve and implement residential and section, each State shall certify to the Sec- including active training and enforcement commercial building energy efficiency codes, retary that it has reviewed and updated the programs; and to promote building energy efficiency provisions of its residential and commercial ‘‘(ii) after one or more years of adequate through the use of such codes. building codes regarding energy efficiency. funding, has demonstrated progress, in con- ‘‘(2) Additional funding shall be provided Such certification shall include a demonstra- formance with the plan described in clause under this subsection for implementation of tion that such State’s code provisions meet (i), toward compliance; a plan to achieve and document at least a 90 or exceed the 2006 IECC for residential build- ‘‘(iii) after five or more years of adequate percent rate of compliance with residential ings and the ASHRAE Standard 90.1–2007 for funding, meets the requirement in paragraph and commercial building energy efficiency commercial buildings, or achieve equivalent (3) substituting 80 percent for 90 percent or codes, based on energy performance— or greater energy savings. substituting 10 percent for 5 percent; and ‘‘(A) to a State that has adopted and is im- ‘‘(2)(A) If the Secretary makes an affirma- ‘‘(iv) has not had more than 8 years of ade- plementing, on a Statewide basis— tive determination under subsection quate funding. ‘‘(i) a residential building energy efficiency (a)(2)(A)(i) or establishes a modified code or ‘‘(B) Funding shall be considered adequate, code that meets or exceeds the requirements standard under subsection (a)(2)(B), each for purposes of this paragraph, when the Fed- of the 2006 IECC, or any succeeding version State shall, within 2 years after such deter- eral Government provides to the States at of that code that has received an affirmative mination or establishment, certify that it least $50,000,000 in a year in funding and sup- determination from the Secretary under sub- has reviewed and updated the provisions of port for development and implementation of section (a)(2)(A)(i); and its building code regarding energy efficiency. State building energy codes, including for ‘‘(ii) a commercial building energy effi- Such certification shall include a demonstra- training and enforcement. ciency code that meets or exceeds the re- tion that such State’s code provisions meet ‘‘(d) FAILURE TO MEET DEADLINES.—(1) A quirements of the ASHRAE Standard 90.1– or exceed the revised code or standard, or State that has not made a certification re- 2007, or any succeeding version of that stand- achieve equivalent or greater energy savings. quired under subsection (b) or (c) by the ap- ard that has received an affirmative deter- ‘‘(B) If the Secretary fails to make a deter- plicable deadline shall submit to the Sec- mination from the Secretary under sub- mination under subsection (a)(2)(A)(i) by the retary a report on— section (a)(2)(A)(i); or

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\A16SE7.024 H16SEPT1 jbell on PROD1PC69 with HOUSE September 16, 2008 CONGRESSIONAL RECORD — HOUSE H8189 ‘‘(B) in a State in which there is no State- ‘‘(vi) National Monuments. tion with the sales of any affiliate organized wide energy code for either residential build- ‘‘(2) ELIGIBLE FACILITY.—The term ‘eligible after the date of enactment of this section, ings or commercial buildings, or where State facility’ means— sells not less that 1,000,000 megawatt hours codes fail to comply with subparagraph (A), ‘‘(A) a facility for the generation of elec- of electric energy to consumers for purposes to a local government that has adopted and tric energy from a renewable energy resource other than resale shall qualify as a retail is implementing residential and commercial that is placed in service on or after January electric supplier. For purposes of this para- building energy efficiency codes, as described 1, 2001; or graph, sales by any person to a parent comin subparagraph (A). ‘‘(B) a repowering or cofiring increment. pany or to other affiliates of such person ‘‘(3) Of the amounts made available under ‘‘(3) EXISTING FACILITY.—The term ‘existing shall not be treated as sales to electric con- this subsection, the Secretary may use facility’ means a facility for the generation sumers. amounts required, not exceeding $500,000 for of electric energy from a renewable energy ‘‘(B) Such term does not include the United each State, to train State and local officials resource that is not an eligible facility. States, a State or any political subdivision to implement codes described in paragraph ‘‘(4) INCREMENTAL HYDROPOWER.—The term of a State, or any agency, authority, or in- (2). ‘incremental hydropower’ means additional strumentality of any one or more of the fore- ‘‘(4) There are authorized to be appro- generation that is achieved from increased going, or a rural electric cooperative, except priated to carry out this subsection— efficiency or additions of capacity made on that a political subdivision of a State, or an ‘‘(A) $70,000,000 for each of fiscal years 2009 or after January 1, 2001, or the effective date agency, authority, or instrumentality of the through 2013; and of an existing applicable State renewable United States, a State or a political subdivi- ‘‘(B) such sums as are necessary for fiscal portfolio standard program at a hydro- sion of a State, or a rural electric coopera- year 2014 and each fiscal year thereafter.’’. electric facility that was placed in service tive that sells electric energy to electric (b) DEFINITION.—Section 303 of the Energy before that date. Conservation and Production Act (42 U.S.C. consumers or any other entity that sells ‘‘(5) INDIAN LAND.—The term ‘Indian land’ electric energy to electric consumers that 6832) is amended by adding at the end the fol- means— lowing new paragraph: would not otherwise qualify as a retail elec- ‘‘(A) any land within the limits of any In- tric supplier shall be deemed a retail electric ‘‘(17) The term ‘IECC’ means the Inter- dian reservation, pueblo, or rancheria; national Energy Conservation Code.’’. supplier if such entity notifies the Secretary ‘‘(B) any land not within the limits of any that it voluntarily agrees to participate in TITLE V—FEDERAL RENEWABLE Indian reservation, pueblo, or rancheria title the Federal renewable electricity standard ELECTRICITY STANDARD to which was on the date of enactment of program. SEC. 501. FEDERAL RENEWABLE ELECTRICITY this paragraph either held by the United ‘‘(11) RETAIL ELECTRIC SUPPLIER’S BASE STANDARD. States for the benefit of any Indian tribe or AMOUNT.—The term ‘retail electric supplier’s (a) IN GENERAL.—Title VI of the Public individual or held by any Indian tribe or in- base amount’ means the total amount of Utility Regulatory Policies Act of 1978 is dividual subject to restriction by the United electric energy sold by the retail electric amended by adding at the end the following: States against alienation; supplier, expressed in terms of kilowatt ‘‘SEC. 610. FEDERAL RENEWABLE ELECTRICITY ‘‘(C) any dependent Indian community; or hours, to electric customers for purposes STANDARD. ‘‘(D) any land conveyed to any Alaska Na- ‘‘(a) DEFINITIONS.—For purposes of this sec- other than resale during the most recent cal- tive corporation under the Alaska Native endar year for which information is avail- tion: Claims Settlement Act. able, excluding— ‘‘(1) BIOMASS.— ‘‘(6) INDIAN TRIBE.—The term ‘Indian tribe’ ‘‘(A) electric energy that is not incre- ‘‘(A) IN GENERAL.—The term ‘biomass’ means any Indian tribe, band, nation, or mental hydropower generated by a hydro- means each of the following: other organized group or community, includ- electric facility; and ‘‘(i) Cellulosic (plant fiber) organic mate- ing any Alaskan Native village or regional or ‘‘(B) electricity generated through the in- rials from a plant that is planted for the pur- village corporation as defined in or estab- cineration of municipal solid waste. pose of being used to produce energy. lished pursuant to the Alaska Native Claims ‘‘(b) COMPLIANCE.—For each calendar year ‘‘(ii) Nonhazardous, plant or algal matter Settlement Act (43 U.S.C. 1601 et seq.), which beginning in calendar year 2010, each retail that is derived from any of the following: is recognized as eligible for the special pro- electric supplier shall meet the requirements ‘‘(I) An agricultural crop, crop byproduct grams and services provided by the United or residue resource. States to Indians because of their status as of subsection (c) by submitting to the Sec- ‘‘(II) Waste such as landscape or right-of- Indians. retary, not later than April 1 of the following calendar year, one or more of the fol- way trimmings (but not including municipal ‘‘(7) RENEWABLE ENERGY.—The term ‘re- solid waste, recyclable postconsumer waste newable energy’ means electric energy gen- lowing: paper, painted, treated, or pressurized wood, erated by a renewable energy resource. ‘‘(1) Federal renewable energy credits wood contaminated with plastic or metals). ‘‘(8) RENEWABLE ENERGY RESOURCE.—The issued under subsection (e). ‘‘(iii) Animal waste or animal byproducts. term ‘renewable energy resource’ means ‘‘(2) Federal energy efficiency credits ‘‘(iv) Landfill methane. solar, wind, ocean, tidal, geothermal energy, issued under subsection (i), except that Fed- ‘‘(B) NATIONAL FOREST LANDS AND CERTAIN biomass, landfill gas, incremental hydro- eral energy efficiency credits may not be OTHER PUBLIC LANDS.—With respect to or- power, or hydrokinetic energy. used to meet more than 27 percent of the re- ganic material removed from National For- ‘‘(9) REPOWERING OR COFIRING INCREMENT.— quirements of subsection (c) in any calendar est System lands or from public lands admin- The term ‘repowering or cofiring increment’ year. Energy efficiency credits may only be istered by the Secretary of the Interior, the means— used for compliance in a State where the term ‘biomass’ covers only organic material ‘‘(A) the additional generation from a Governor has petitioned the Secretary pur- from (i) ecological forest restoration; (ii) modification that is placed in service on or suant to subjection (i)(2). pre-commercial thinnings; (iii) brush; (iv) after January 1, 2001, to expand electricity ‘‘(3) Certification of the renewable energy mill residues; and (v) slash. production at a facility used to generate generated and electricity savings pursuant ‘‘(C) EXCLUSION OF CERTAIN FEDERAL electric energy from a renewable energy re- to the funds associated with State compli- LANDS.—Notwithstanding subparagraph (B), source; ance payments as specified in subsection material or matter that would otherwise ‘‘(B) the additional generation above the (e)(3)(G). qualify as biomass are not included in the average generation in the 3 years preceding ‘‘(4) Alternative compliance payments pur- term biomass if they are located on the fol- the date of enactment of this section at a fa- suant to subsection (j). lowing Federal lands: cility used to generate electric energy from ‘‘(c) REQUIRED ANNUAL PERCENTAGE.—For ‘‘(i) Federal land containing old growth a renewable energy resource or to cofire bio- calendar years 2010 through 2039, the re- forest or late successional forest unless the mass that was placed in service before the quired annual percentage of the retail elec- Secretary of the Interior or the Secretary of date of enactment of this section: or tric supplier’s base amount that shall be gen- Agriculture determines that the removal of ‘‘(C) the portion of the electric generation erated from renewable energy resources, or organic material from such land is appro- from a facility placed in service on or after otherwise credited towards such percentage priate for the applicable forest type and January 1, 2001, or a modification to a facil- requirement pursuant to subsection (d), shall maximizes the retention of late-successional ity placed in service before the date of enact- be the percentage specified in the following and large and old growth trees, late-succes- ment of this section made on or after Janu- table: sional and old growth forest structure, and ary 1, 2001, associated with cofiring biomass. Required annual late-successional and old growth forest com- ‘‘(10) RETAIL ELECTRIC SUPPLIER.—(A) The ‘‘Calendar Years percentage position. term ‘retail electric supplier’ means a person 2010 ...... 2.75 ‘‘(ii) Federal land on which the removal of that sells electric energy to electric con- 2011 ...... 2.75 vegetation is prohibited, including compo- sumers (other than consumers in Hawaii) 2012 ...... 3.75 nents of the National Wilderness Preserva- that sold not less than 1,000,000 megawatt- 2013 ...... 4.5 tion System. hours of electric energy to electric con- 2014 ...... 5.5 ‘‘(iii) Wilderness Study Areas. sumers for purposes other than resale during 2015 ...... 6.5 ‘‘(iv) Inventoried roadless areas. the preceding calendar year. For purposes of 2016 ...... 7.5 ‘‘(v) Components of the National Land- this section, a person that sells electric en- 2017 ...... 8.25 scape Conservation System. ergy to electric consumers that, in combina- 2018 ...... 10.25

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0655 E:\CR\FM\A16SE7.024 H16SEPT1 jbell on PROD1PC69 with HOUSE H8190 CONGRESSIONAL RECORD — HOUSE September 16, 2008 Required annual ‘‘(D) For electric energy generated by a re- will earn sufficient Federal renewable energy ‘‘Calendar Years percentage newable energy resource at an on-site eligi- credits and Federal energy efficiency credits 2019 ...... 12.25 ble facility no larger than one megawatt in within the next 3 calendar years which, when 2020 and thereafter through 2039 ..... 15 capacity and used to offset part or all of the taken into account, will enable the retail ‘‘(d) RENEWABLE ENERGY AND ENERGY EFFI- customer’s requirements for electric energy, electric supplier to meet the requirements of CIENCY CREDITS.—(1) A retail electric sup- the Secretary shall issue 3 renewable energy subsection (b) for calendar year 2012 and the plier may satisfy the requirements of sub- credits to such customer for each kilowatt subsequent calendar years involved; and section (b)(1) through the submission of Fed- hour generated. ‘‘(2) upon the approval of the plan by the eral renewable energy credits— ‘‘(E) In the case of an on-site eligible facil- Secretary, apply Federal renewable energy ‘‘(A) issued to the retail electric supplier ity on Indian land no more than 3 credits per credits and Federal energy efficiency credits under subsection (e); kilowatt hour may be issued. that the plan demonstrates will be earned ‘‘(B) obtained by purchase or exchange ‘‘(F) If both a renewable energy resource within the next 3 calendar years to meet the under subsection (f) or (g); or and a non-renewable energy resource are requirements of subsection (b) for each cal- ‘‘(C) borrowed under subsection (h). used to generate the electric energy, the Sec- endar year involved. ‘‘(2) A retail electric supplier may satisfy retary shall issue the Federal renewable en- The retail electric supplier must repay all of the requirements of subsection (b)(2) through ergy credits based on the proportion of the the submission of Federal energy efficiency renewable energy resources used. the borrowed Federal renewable energy cred- credits issued to the retail electric supplier ‘‘(G) When a generator has sold electric en- its and Federal energy efficiency credits by obtained by purchase or exchange pursuant ergy generated through the use of a renew- submitting an equivalent number of Federal to subsection (i). able energy resource to a retail electric sup- renewable energy credits and Federal energy ‘‘(3) A Federal renewable energy credit plier under a contract for power from an ex- efficiency credits, in addition to those other- may be counted toward compliance with sub- isting facility, and the contract has not de- wise required under subsection (b), by cal- section (b)(1) only once. A Federal energy ef- termined ownership of the Federal renewable endar year 2020 or any earlier deadlines spec- ficiency credit may be counted toward com- energy credits associated with such genera- ified in the approved plan. Failure to repay pliance with subsection (b)(2) only once. tion, the Secretary shall issue such Federal the borrowed Federal renewable energy cred- ‘‘(e) ISSUANCE OF FEDERAL RENEWABLE EN- renewable energy credits to the retail elec- its and Federal energy efficiency credits ERGY CREDITS.—(1) The Secretary shall es- tric supplier for the duration of the contract. shall subject the retail electric supplier to ‘‘(H) Payments made by a retail electricity tablish by rule, not later than 1 year after civil penalties under subsection (i) for viola- supplier, directly or indirectly, to a State for the date of enactment of this section, a pro- tion of the requirements of subsection (b) for compliance with a State renewable portfolio gram to verify and issue Federal renewable each calendar year involved. energy credits to generators of renewable en- standard program, or for an alternative com- ergy, track their sale, exchange, and retire- pliance mechanism, shall be valued at one ‘‘(i) ENERGY EFFICIENCY CREDITS.— ment and to enforce the requirements of this credit per kilowatt hour for the purpose of ‘‘(1) DEFINITIONS.—In this subsection— section. To the extent possible, in estab- subsection (b)(2) based on the amount of ‘‘(A) CUSTOMER FACILITY SAVINGS.—The lishing such program, the Secretary shall electric energy generation from renewable term ‘customer facility savings’ means a re- rely upon existing and emerging State or re- resources and electricity savings up to 27 duction in end-use electricity at a facility of percent of the utility’s requirement that regional tracking systems that issue and track an end-use consumer of electricity served by sults from those payments. non-Federal renewable energy credits. a retail electric supplier, as compared to— ‘‘(f) EXISTING FACILITIES.—The Secretary ‘‘(2) An entity that generates electric en- ‘‘(i) consumption at the facility during a shall ensure that a retail electric supplier ergy through the use of a renewable energy base year; that acquires Federal renewable energy cred- resource may apply to the Secretary for the ‘‘(ii) in the case of new equipment (regard- its associated with the generation of renew- issuance of renewable energy credits. The ap- less of whether the new equipment replaces able energy from an existing facility may plicant must demonstrate that the electric existing equipment at the end of the useful use such credits for purpose of its compli- energy will be transmitted onto the grid or, life of the existing equipment), consumption ance with subsection (b)(1). Such credits may in the case of a generation offset, that the by the new equipment of average efficiency; not be sold, exchanged, or transferred for the or electric energy offset would have otherwise purpose of compliance by another retail elec- been consumed on site. The application shall ‘‘(iii) in the case of a new facility, con- tric supplier. sumption at a reference facility. indicate— ‘‘(g) RENEWABLE ENERGY CREDIT TRAD- ‘‘(B) ELECTRICITY SAVINGS.—The term ‘elec- ‘‘(A) the type of renewable energy resource ING.—(1) A Federal renewable energy credit, used to produce the electricity; tricity savings’ means— may be sold, transferred, or exchanged by ‘‘(i) customer facility savings of electricity ‘‘(B) the location where the electric energy the entity to whom issued or by any other was produced; and consumption adjusted to reflect any associ- entity who acquires the Federal renewable ated increase in fuel consumption at the fa- ‘‘(C) any other information the Secretary energy credit, except for those renewable en- cility; determines appropriate. ergy credits from existing facilities. A Fed- ‘‘(ii) reductions in distribution system ‘‘(3)(A) Except as provided in subpara- eral renewable energy credit for any year losses of electricity achieved by a retail elec- graphs (B), (C), and (D), the Secretary shall that is not submitted to satisfy the min- tricity distributor, as compared to losses issue to a generator of electric energy one imum renewable generation requirement of during the base years; Federal renewable energy credit for each kil- subsection (c) for that year may be carried ‘‘(iii) the output of new combined heat and owatt hour of electric energy generated by forward for use pursuant to subsection (b)(1) power systems, to the extent provided under the use of a renewable energy resource at an within the next 3 years. eligible facility. ‘‘(2) A federally owned or cooperatively paragraph (5); and ‘‘(B) For purpose of compliance with this owned utility, or a State or subdivision ‘‘(iv) recycled energy savings. section, Federal renewable energy credits for thereof, that is not a retail electric supplier ‘‘(C) QUALIFYING ELECTRICITY SAVINGS.— incremental hydropower shall be based, on that generates electric energy by the use of The term ‘qualifying electricity savings’ the increase in average annual generation re- a renewable energy resource at an eligible means electricity savings that meet the sulting from the efficiency improvements or facility may only sell, transfer or exchange a measurement and verification requirements capacity additions. The incremental genera- Federal renewable energy credit to a coop- of paragraph (4). tion shall be calculated using the same water eratively owned utility or an agency, author- ‘‘(D) RECYCLED ENERGY SAVINGS.—The term flow information used to determine a his- ity, or instrumentality of a State or political ‘recycled energy savings’ means a reduction toric average annual generation baseline for subdivision of a State that is a retail electric in electricity consumption that is attrib- the hydroelectric facility and certified by supplier that has acquired the electric en- utable to electrical or mechanical power, or the Secretary or the Federal Energy Regu- ergy associated with the credit. both, produced by modifying an industrial or latory Commission. The calculation of the ‘‘(3) The Secretary may delegate to an ap- commercial system that was in operation be- Federal renewable energy credits for incre- propriate market-making entity the admin- fore July 1, 2007, in order to recapture energy mental hydropower shall not be based on any istration of a national tradeable renewable that would otherwise be wasted. operational changes at the hydroelectric fa- energy credit market and a national energy ‘‘(2) PETITION.—The Governor of a State cility not directly associated with the effi- efficiency credit market for purposes of cre- may petition the Secretary to allow up to 27 ciency improvements or capacity additions. ating a transparent national market for the percent of the requirements of a retail elec- ‘‘(C) The Secretary shall issue 2 renewable sale or trade of renewable energy credits and tric supplier under subsection (c) in the energy credits for each kilowatt hour of elec- a transparent national market for the sale or State to be met by submitting Federal en- tric energy generated and supplied to the trade of Federal energy efficiency credits. ergy efficiency credits issued pursuant to grid in that calendar year through the use of ‘‘(h) RENEWABLE ENERGY CREDIT BOR- this subsection. a renewable energy resource at an eligible ROWING.—At any time before the end of cal- ‘‘(3) ISSUANCE OF CREDITS.—(A) Upon peti- facility located on Indian land. For purposes endar year 2012, a retail electric supplier tion by the Governor, the Secretary shall of this paragraph, renewable energy gen- that has reason to believe it will not be able issue energy efficiency credits for electricity erated by biomass cofired with other fuels is to fully comply with subsection (b) may— savings described in subparagraph (B) eligible for two credits only if the biomass ‘‘(1) submit a plan to the Secretary dem- achieved in States described in paragraph (2) was grown on such land. onstrating that the retail electric supplier in accordance with this subsection.

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\CR\FM\A16SE7.024 H16SEPT1 jbell on PROD1PC69 with HOUSE September 16, 2008 CONGRESSIONAL RECORD — HOUSE H8191 ‘‘(B) In accordance with regulations pro- ‘‘(1) 200 percent of the average market ering the cost of the eligible renewable en- mulgated by the Secretary, the Secretary value of Federal renewable energy credits ergy and energy efficiency technologies; shall issue credits for— and Federal energy efficiency credits for the ‘‘(2) the opportunities for any additional ‘‘(i) qualified electricity savings achieved applicable compliance period; or technologies and sources of renewable energy by a retail electric supplier in a calendar ‘‘(2) 2.5 cents per kilowatt hour adjusted on and energy efficiency emerging since enact- year; and January 1 of each year following calendar ment of this section; ‘‘(ii) qualified electricity savings achieved year 2006 based on the Gross Domestic Prod- ‘‘(3) the impact on the regional diversity by other entities if— uct Implicit Price Deflator, and reliability of supply sources, including ‘‘(I) the measures used to achieve the as a means of compliance under subsection the power quality benefits of distributed gen- qualifying electricity savings were installed (b)(4) eration; or placed in operation by the entity seeking ‘‘(l) INFORMATION COLLECTION.—The Sec- ‘‘(4) the regional resource development rel- the credit or the designated agent of the en- retary may collect the information nec- ative to renewable potential and reasons for tity; and essary to verify and audit— any under investment in renewable re- ‘‘(II) no retail electric supplier paid a sub- ‘‘(1) the annual renewable energy genera- sources; and stantial portion of the cost of achieving the tion of any retail electric supplier, Federal ‘‘(5) the net cost/benefit of the renewable qualified electricity savings (unless the re- renewable energy credits submitted by a re- electricity standard to the national and tail electric supplier has waived any entitle- tail electric supplier pursuant to subsection State economies, including retail power ment to the credit). (b)(1) and Federal energy efficiency credits costs, economic development benefits of in- submitted by a retail electric supplier pursu- ‘‘(4) MEASUREMENT AND VERIFICATION OF vestment, avoided costs related to environ- ant to subsection (b)(2); ELECTRICITY SAVINGS.—Not later than June mental and congestion mitigation invest- 30, 2009, the Secretary shall promulgate regu- ‘‘(2) annual electricity savings achieved ments that would otherwise have been relations regarding the measurement and pursuant to subsection (i); quired, impact on natural gas demand and verification of electricity savings under this ‘‘(3) the validity of Federal renewable en- price, effectiveness of green marketing pro- subsection, including regulations covering— ergy credits submitted for compliance by a grams at reducing the cost of renewable re- ‘‘(A) procedures and standards for defining retail electric supplier to the Secretary; and sources. and measuring electricity savings that will ‘‘(4) the quantity of electricity sales of all The Secretary shall transmit the results of be eligible to receive credits under paragraph retail electric suppliers. the evaluation and any recommendations for ‘‘(m) ENVIRONMENTAL SAVINGS CLAUSE.—In- (3), which shall— modifications and improvements to the pro- cremental hydropower shall be subject to all gram to Congress not later than January 1, ‘‘(i) specify the types of energy efficiency applicable environmental laws and licensing and energy conservation that will be eligible 2016. and regulatory requirements. ‘‘(q) STATE RENEWABLE ENERGY AND EN- for the credits; ‘‘(n) STATE PROGRAMS.—(1) Nothing in this ERGY EFFICIENCY ACCOUNT PROGRAM.—(1) ‘‘(ii) require that energy consumption for section diminishes any authority of a State There is established in the Treasury a State customer facilities or portions of facilities in or political subdivision of a State to— renewable energy and energy efficiency ac- the applicable base and current years be ad- ‘‘(A) adopt or enforce any law or regulation count program. justed, as appropriate, to account for respecting renewable energy or energy effi- ‘‘(2) All money collected by the Secretary changes in weather, level of production, and ciency, including but not limited to pro- from the alternative compliance payments building area; grams that exceed the required amount of re- under subsection (k) shall be deposited into ‘‘(iii) account for the useful life of elec- newable energy or energy efficiency under the State renewable energy and energy effi- tricity savings measures; this section, or ciency account established pursuant to this ‘‘(iv) include specified electricity savings ‘‘(B) regulate the acquisition and disposi- subsection. values for specific, commonly-used efficiency tion of Federal renewable energy credits and ‘‘(3) Proceeds deposited in the State renew- measures; Federal energy efficiency credits by retail able energy and energy efficiency account ‘‘(v) specify the extent to which electricity electric suppliers. shall be used by the Secretary, subject to an- savings attributable to measures carried out No law or regulation referred to in subpara- nual appropriations, for a program to pro- before the date of enactment of this section graph (A) shall relieve any person of any re- vide grants to the State agency responsible are eligible to receive credits under this sub- quirement otherwise applicable under this for administering a fund to promote renew- section; and section. The Secretary, in consultation with able energy generation and energy efficiency ‘‘(vi) exclude electricity savings that (I) States having renewable energy programs for customers of the State, or an alternative are not properly attributable to measures and energy efficiency programs, shall pre- agency designated by the State, or if no such carried out by the entity seeking the credit; serve the integrity of such State programs, agency exists, to the State agency devel- or (II) have already been credited under this including programs that exceed the required oping State energy conservation plans under section to another entity; amount of renewable energy and energy effi- section 363 of the Energy Policy and Con- ‘‘(B) procedures and standards for third- ciency under this section, and shall facili- servation Act (42 U.S.C. 6322) for the purposes of promoting renewable energy produc- party verification of reported electricity sav- tate coordination between the Federal pro- tion and providing energy assistance and ings; and gram and State programs. ‘‘(C) such requirements for information, re- ‘‘(2) In the rule establishing the program weatherization services to low-income con- ports, and access to facilities as may be nec- under this section, the Secretary shall incor- sumers. ‘‘(4) The Secretary may issue guidelines essary to carry out this subsection. porate common elements of existing renew- and criteria for grants awarded under this ‘‘(5) COMBINED HEAT AND POWER.—Under able energy and energy efficiency programs, subsection. At least 75 percent of the funds regulations promulgated by the Secretary, including State programs, to ensure adminis- provided to each State shall be used for pro- the increment of electricity output of a new trative ease, market transparency, and effec- moting renewable energy production and en- combined heat and power system that is at- tive enforcement. The Secretary shall work ergy efficiency through grants, production tributable to the higher efficiency of the with the States to minimize administrative incentives or other state-approved funding combined system (as compared to the effi- burdens and costs to retail electric suppliers. mechanisms. The funds shall be allocated to ciency of separate production of the electric ‘‘(o) RECOVERY OF COSTS.—An electric utility whose sales of electric energy are subject the States on the basis of retail electric sales and thermal outputs), shall be considered subject to the Renewable electricity Stand- electricity savings under this subsection. to rate regulation, including any utility whose rates are regulated by the Commission ard under this section or through voluntary ‘‘(j) ENFORCEMENT.—A retail electric sup- participation. State agencies receiving plier that does not comply with subsection and any State regulated electric utility, shall not be denied the opportunity to re- grants under this section shall maintain (b) shall be liable for the payment of a civil such records and evidence of compliance as penalty. That penalty shall be calculated on cover the full amount of the prudently incurred incremental cost of renewable energy the Secretary may require.’’. the basis of the number of kilowatt-hours (b) TABLE OF CONTENTS.—The table of con- and energy efficiency obtained to comply represented by the retail electric supplier’s tents for such title is amended by adding the with the requirements of subsection (b). For failure to comply with subsection (b), multi- following new item at the end: purposes of this subsection, the definitions plied by the lesser of 4.5 cents (adjusted for in section 3 of this Act shall apply to the ‘‘Sec. 610. Federal renewable electricity inflation for such calendar year, based on the terms electric utility, State regulated elec- standard.’’. Gross Domestic Product Implicit Price tric utility, State agency, Commission, and (c) SUNSET.—Section 610 of such title and Deflator) or 300 percent of the average mar- State regulatory authority. the item relating to such section 610 in the ket value of Federal renewable energy cred- ‘‘(p) PROGRAM REVIEW.—The Secretary table of contents for such title are each re- its and energy efficiency credits for the com- shall enter into a contract with the National pealed as of December 31, 2039. pliance period. Any such penalty shall be due Academy of Sciences to conduct a com- TITLE VI—GREEN RESOURCES FOR and payable without demand to the Sec- prehensive evaluation of all aspects of the ENERGY EFFICIENT NEIGHBORHOODS retary as provided in the regulations issued program established under this section, SEC. 601. SHORT TITLE AND TABLE OF CON- under subsection (e). within 8 years of enactment of this section. TENTS. ‘‘(k) ALTERNATIVE COMPLIANCE PAY- The study shall include an evaluation of— This title may be cited as the ‘‘Green Re- MENTS.—The Secretary shall accept payment ‘‘(1) the effectiveness of the program in in- sources for Energy Efficient Neighborhoods equal to the lesser of: creasing the market penetration and low- Act of 2008’’ or the ‘‘GREEN Act of 2008’’.

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\CR\FM\A16SE7.024 H16SEPT1 jbell on PROD1PC69 with HOUSE H8192 CONGRESSIONAL RECORD — HOUSE September 16, 2008 SEC. 602. DEFINITIONS. necessary, for purposes of this section for tion, as may be necessary, for purposes of For purposes of this title, the following specific types of residential single family or this paragraph. definitions shall apply: multifamily structures or otherwise, except (3) GREEN BUILDING STANDARDS.—The green (1) GREEN BUILDING STANDARDS.—The term that the Secretary shall make a determina- building standards under this paragraph are ‘‘green building standards’’ means standards tion regarding whether to adopt and apply as follows: to require use of sustainable design prin- any such requirements, standards, check- (A) The national Green Communities cri- ciples to reduce the use of nonrenewable re- lists, or rating system for purposes of this teria checklist for residential construction sources, encourage energy-efficient construc- section not later than the expiration of the that provides criteria for the design, devel- tion and rehabilitation and the use of renew- 180-day period beginning upon the date of re- opment, and operation of affordable housing, able energy resources, minimize the impact ceipt of any written request, made in such as such checklist or successor checklist is in of development on the environment, and im- form as the Secretary shall provide, for such effect for purposes of this section pursuant prove indoor air quality. adoption and application. to subsection (c). In addition to compliance with any of sub- (2) HUD.—The term ‘‘HUD’’ means the De- (B) The gold certification level for the paragraphs (A) through (D), the Secretary partment of Housing and Urban Develop- LEED for New Construction rating system, ment. shall by regulation require, for any newly the LEED for Homes rating system, the (3) HUD ASSISTANCE.—The term ‘‘HUD as- constructed residential single family or mul- LEED for Core and Shell rating system, as sistance’’ means financial assistance that is tifamily structure to be considered to com- applicable, as such systems or successor sys- awarded, competitively or noncompetitively, ply with the energy efficiency requirements tems are in effect for purposes of this section allocated by formula, or provided by HUD under this subsection, that the structure pursuant to subsection (c). through loan insurance or guarantee. have appropriate electrical outlets with the (C) The Green Globes assessment and rat- (4) NONRESIDENTIAL STRUCTURE.—The term facility and capacity to recharge a standard ‘‘nonresidential structures’’ means only non- electric passenger vehicle, including an elec- ing system of the Green Buildings Initiative. residential structures that are appurtenant tric hybrid vehicle, where such vehicle would (D) For manufactured housing, energy star to single family or multifamily housing resi- normally be parked. rating with respect to fixtures, appliances, dential structures, or those that are funded (2) NONRESIDENTIAL STRUCTURES.—For pur- and equipment in such housing, as such by the Secretary of Housing and Urban De- poses of this section, the Secretary shall standard or successor standard is in effect velopment through the HUD Community De- identify and adopt by regulation, as may be for purposes of this section pursuant to sub- velopment Block Grant program. necessary, energy efficiency requirements, section (c). (5) SECRETARY.—The term ‘‘Secretary’’, un- standards, checklists, or rating systems ap- (E) The National Green Building Standard, less otherwise specified, means the Secretary plicable to nonresidential structures that are but such standard shall apply for purposes of of Housing and Urban Development. constructed or rehabilitated with HUD as- this paragraph only— SEC. 603. IMPLEMENTATION OF ENERGY EFFI- sistance. A nonresidential structure shall be (i) if such standard is ratified under the CIENCY PARTICIPATION INCEN- considered to comply with the energy effi- American National Standards Institute proc- TIVES FOR HUD PROGRAMS. ciency requirements under this subsection if ess; (a) IN GENERAL.—Not later than 180 days the structure complies with the applicable (ii) upon expiration of the 180-day period after the date of the enactment of this Act, provisions of any such energy efficiency re- beginning upon such ratification; and the Secretary shall issue such regulations as quirements, standards, checklist, or rating (iii) if, during such 180-day period, the Sec- may be necessary to establish annual energy systems identified and adopted by the Sec- retary of Housing and Urban Development efficiency participation incentives to encour- retary pursuant to this paragraph, as such does not reject the applicability of such age participants in programs administered standards are in effect for purposes of this standard for purposes of this paragraph. section pursuant to subsection (c). by the Secretary, including recipients under (F) Any other requirements, standards, (b) ADDITIONAL CREDIT FOR COMPLIANCE programs for which HUD assistance is pro- checklists, or rating systems for green build- WITH ENHANCED ENERGY EFFICIENCY STAND- vided, to achieve substantial improvements ing or sustainability as the Secretary may in energy efficiency. ARDS.— identify and adopt by regulation, as may be (b) REQUIREMENT FOR APPROPRIATION OF (1) IN GENERAL.—In addition to compliance necessary for purposes of this paragraph, ex- FUNDS.—The requirement under subsection with the energy efficiency requirements (a) for the Secretary to provide annual en- under subsection (a), a residential or non- cept that the Secretary shall make a deter- ergy efficiency participation incentives pur- residential structure shall be considered to mination regarding whether to adopt and suant to the provisions of this title shall be comply with the enhanced energy efficiency apply any such requirements, standards, subject to the annual appropriation of nec- and conservation standards or the green checklist, or rating system for purposes of essary funds. building standards under this subsection, to this section not later than the expiration of SEC. 604. MINIMUM HUD ENERGY EFFICIENCY the extent that such structure complies with the 180-day period beginning upon date of re- STANDARDS AND STANDARDS FOR the applicable provisions of the standards ceipt of any written request, made in such ADDITIONAL CREDIT. under paragraph (2) or (3), respectively (as form as the Secretary shall provide, for such (a) MINIMUM HUD STANDARD.— such standards are in effect for purposes of adoption and application. (1) RESIDENTIAL STRUCTURES.—A residen- this section, pursuant to subsection (c)), in a (4) GREEN BUILDING.—For purposes of this tial single family or multifamily structure manner that is not required for compliance subsection, the term ‘‘green building’’ shall be considered to comply with the en- with the energy efficiency requirements means, with respect to standards for struc- ergy efficiency requirements under this sub- under subsection (a) and subject to the Sec- tures, standards to require use of sustainable section if— retary’s determination of which standards design principles to reduce the use of non- (A) the structure complies with the appli- are applicable to which structures. renewable resources, minimize the impact of cable provisions of the American Society of (2) ENERGY EFFICIENCY AND CONSERVATION development on the environment, and to im- Heating, Refrigerating, and Air-Conditioning STANDARDS.—The energy efficiency and con- prove indoor air quality. Engineers Standard 90.1–2007, as such stand- servation standards under this paragraph are (5) ENERGY AUDITS.—The Secretary shall ard or successor standard is in effect for pur- as follows: establish standards and requirements for en- poses of this section pursuant subsection (c); (A) RESIDENTIAL STRUCTURES.—With re- ergy audits for purposes of paragraph (B) the structure complies with the appli- spect to residential structures: (2)(A)(ii) and, in establishing such standards, cable provisions of the 2006 International En- (i) NEW CONSTRUCTION.—For new construc- may consult with any advisory committees ergy Conservation Code, as such standard or tion, the Energy Star standards established established pursuant to section 605(c)(2) of successor standard is in effect for purposes of by the Environmental Protection Agency, as this title. this section pursuant subsection (c); such standards are in effect for purposes of (C) in the case only of an existing struc- this subsection pursuant to subsection (c); (c) APPLICABILITY AND UPDATING OF STAND- ture, where determined cost effective, the (ii) EXISTING STRUCTURES.—For existing ARDS.— structure has undergone rehabilitation or structures, a reduction in energy consump- (1) APPLICABILITY.—Except as provided in improvements, completed after the date of tion from the previous level of consumption paragraph (2), the requirements, standards, the enactment of this Act, and the energy for the structure, as determined in accord- checklists, and rating systems referred to in consumption for the structure has been re- ance with energy audits performed both be- subsections (a) and (b) that are in effect for duced by at least 20 percent from the pre- fore and after any rehabilitation or improve- purposes of this section are such require- vious level of consumption, as determined in ments undertaken to reduce such consump- ments, standards, checklists, and systems accordance with energy audits performed tion, that exceeds the reduction necessary are as in existence upon the date of the en- both before and after any rehabilitation or for compliance with the energy efficiency re- actment of this Act. improvements undertaken to reduce such quirement under subsection (a)(1)(C). (2) UPDATING.—For purposes of this sec- consumption; or (B) NONRESIDENTIAL STRUCTURES.—With re- tion, the Secretary may adopt and apply by (D) the structure complies with the appli- spect to nonresidential structures, such en- regulation, as may be necessary, future cable provisions of such other energy effi- ergy efficiency and conservation require- amendments and supplements to, and edi- ciency requirements, standards, checklists, ments, standards, checklists, or rating sys- tions of, the requirements, standards, check- or ratings systems as the Secretary may tems for nonresidential structures as the lists, and rating systems referred to in sub- adopt and apply by regulation, as may be Secretary shall identify and adopt by regula- sections (a) and (b).

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 E:\CR\FM\A16SE7.024 H16SEPT1 jbell on PROD1PC69 with HOUSE September 16, 2008 CONGRESSIONAL RECORD — HOUSE H8193 SEC. 605. ENERGY EFFICIENCY AND CONSERVA- tors, architects, nonprofit housing organiza- (2) consult with the Secretary of Energy, TION DEMONSTRATION PROGRAM tions, environmental protection organiza- the Administrator of the Environmental FOR MULTIFAMILY HOUSING tions, renewable energy organizations, and Protection Agency, and the Secretary of the PROJECTS ASSISTED WITH advocacy organizations for the elderly and Army regarding utilizing the Building Amer- PROJECT-BASED RENTAL ASSIST- ANCE. persons with disabilities; any advisory com- ica Program of the Department of Energy, (a) AUTHORITY.—For multifamily housing mittees established pursuant to this para- the Energy Star Program, and the Army projects for which project-based rental as- graph shall not be subject to the Federal Ad- Corps of Engineers, respectively, to deter- sistance is provided under a covered multi- visory Committee Act (5 U.S.C. App.); mine the manner in which they might assist family assistance program, the Secretary (3) approve, for a period not to exceed 10 in carrying out the goals of this section and shall, subject to the availability of amounts years, additional adjustments in the max- providing education and outreach regarding provided in advance in appropriation Acts, imum monthly rents or additional project the demonstration program authorized under carry out a program to demonstrate the ef- rental assistance, or additional Indian hous- this section. fectiveness of funding a portion of the costs ing block grant funds under the Native (g) REPORTS.— of meeting the enhanced energy efficiency American Housing Assistance and Self-De- (1) ANNUAL.—Not later than the expiration standards under section 604(b). At the discre- termination Act of 1996, as applicable, for of the 2-year beginning upon the date of the tion of the Secretary, the demonstration dwelling units in multifamily housing enactment of this Act, and for each year program may include incentives for housing projects that are provided project-based thereafter during the term of the demonstra- that is assisted with Indian housing block rental assistance under a covered multi- tion program, the Secretary shall submit a grants provided pursuant to the Native family assistance program, in such amounts report to the Congress annually that de- American Housing Assistance and Self-De- as may be necessary to amortize a portion of scribes and assesses the demonstration pro- termination Act of 1996, but only to the ex- the cost of energy efficiency and conserva- gram under this section. tent that such inclusion does not violate tion measures for such projects; (2) FINAL.—Not later than six months after such Act, its regulations, and the goal of (4) develop a competitive process for the the expiration of the 4-year period described such Act of tribal self-determination. award of such additional assistance for mul- in subsection (d), the Secretary shall submit (b) GOALS.—The demonstration program tifamily housing projects seeking to imple- a final report to the Congress assessing the under this section shall be carried out in a ment energy efficiency, renewable energy demonstration program, which— manner that— sources, or conservation measures; and (A) shall assess the potential for expanding (1) protects the financial interests of the (5) waive or modify any existing statutory the demonstration program on a nationwide Federal Government; or regulatory provision that would otherwise basis; and (2) reduces the proportion of funds provided impair the implementation or effectiveness (B) shall include descriptions of— by the Federal Government and by owners of the demonstration program under this (i) the size of each multifamily housing and residents of multifamily housing section, including provisions relating to project for which assistance was provided projects that are used for costs of utilities methods for rent adjustments, comparability under the program; for the projects; standards, maximum rent schedules, and (ii) the geographic location of each project (3) encourages energy efficiency and con- utility allowances; notwithstanding the pre- assisted, by State and region; servation by owners and residents of multi- ceding provisions of this paragraph, the Sec- (iii) the criteria used to select the projects family housing projects and installation of retary may not waive any statutory require- for which assistance is provided under the renewable energy improvements, such as im- ment relating to fair housing, non- program; provements providing for use of solar, wind, discrimination, labor standards, or the envi- (iv) the energy efficiency and conservation geothermal, or biomass energy sources; ronment, except pursuant to existing author- measures and financing sources used for each (4) creates incentives for project owners to ity to waive non-statutory environmental project that is assisted under the program; carry out such energy efficiency renovations and other applicable requirements. (v) the difference, before and during par- and improvements by allowing a portion of (d) REQUIREMENT.—During the 4-year pe- ticipation in the demonstration program, in the savings in operating costs resulting from riod beginning 12 months after the date of the amount of the monthly assistance pay- such renovations and improvements to be re- the enactment of this Act, the Secretary ments under the covered multifamily assist- tained by the project owner, notwith- shall carry out demonstration programs ance program for each project assisted under standing otherwise applicable limitations on under this section with respect to not fewer the program; dividends; than 50,000 dwelling units. (vi) the average length of the term of the (5) promotes the installation, in existing (e) SELECTION.— such assistance provided under the program residential buildings, of energy-efficient and (1) SCOPE.—In order to provide a broad and for a project; cost-effective improvements and renewable representative profile for use in designing a (vii) the aggregate amount of savings gen- energy improvements, such as improvements program which can become operational and erated by the demonstration program and providing for use of solar, wind, geothermal, effective nationwide, the Secretary shall the amount of savings expected to be gen- or biomass energy sources; carry out the demonstration program under erated by the program over time on a per- (6) tests the efficacy of a variety of energy this section with respect to dwelling units unit and aggregate program basis; efficiency measures for multifamily housing located in a wide variety of geographic areas (viii) the functions performed in connec- projects of various sizes and in various geo- and project types assisted by the various tion with the implementation of the dem- graphic locations; covered multifamily assistance programs onstration program that were transferred or (7) tests methods for addressing the var- and using a variety of energy efficiency and contracted out to any third parties; ious, and often competing, incentives that conservation and funding techniques to re- (ix) an evaluation of the overall successes impede owners and residents of multifamily flect differences in climate, types of dwelling and failures of the demonstration program; housing projects from working together to units and technical and scientific meth- and achieve energy efficiency or conservation; odologies, and financing options. The Sec- (x) recommendations for any actions to be and retary shall ensure that the geographic areas taken as a result of the such successes and (8) creates a database of energy efficiency included in the demonstration program in- failures. and conservation, and renewable energy, clude dwelling units on Indian lands (as such (3) CONTENTS.—Each annual report pursu- techniques, energy savings management term is defined in section 2601 of the Energy ant to paragraph (1) and the final report pur- practices, and energy efficiency and con- Policy Act of 1992 (25 U.S.C. 3501), to the ex- suant to paragraph (2) shall include— servation financing vehicles. tent that dwelling units on Indian land have (A) a description of the status of each mul- (c) APPROACHES.—In carrying out the dem- the type of residential structures that are tifamily housing project selected for partici- onstration program under this section, the the focus of the demonstration program. pation in the demonstration program under Secretary may— (2) PRIORITY.—The Secretary shall provide this section; and (1) enter into agreements with the Building priority for selection for participation in the (B) findings from the program and rec- America Program of the Department of En- program under this section based on the ex- ommendations for any legislative actions. ergy and other consensus committees under tent to which, as a result of assistance pro- (h) COVERED MULTIFAMILY ASSISTANCE PRO- which such programs, partnerships, or com- vided, the project will comply with the en- GRAM.—For purposes of this section, the mittees assume some or all of the functions, ergy efficiency standards under subsection term ‘‘covered multifamily assistance pro- obligations, and benefits of the Secretary (a), (b), or (c) of section 604 of this title. gram’’ means— with respect to energy savings; (f) USE OF EXISTING PARTNERSHIPS.—To the (1) the program under section 8 of the (2) establish advisory committees to advise extent feasible, the Secretary shall— United States Housing Act of 1937 (42 U.S.C. the Secretary and any such third party part- (1) utilize the Partnership for Advancing 1437f) for project-based rental assistance; ners on technological and other develop- Technology in Housing of the Department of (2) the program under section 202 of the ments in the area of energy efficiency and Housing and Urban Development to assist in Housing Act of 1959 (12 U.S.C. 1701q) for as- the creation of an energy efficiency and con- carrying out the requirements of this section sistance for supportive housing for the elder- servation credit facility and other financing and to provide education and outreach rely; opportunities, which committees shall in- garding the demonstration program author- (3) the program under section 811 of the clude representatives of homebuilders, realized under this section; and Cranston-Gonzalez National Affordable

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\CR\FM\A16SE7.025 H16SEPT1 jbell on PROD1PC69 with HOUSE H8194 CONGRESSIONAL RECORD — HOUSE September 16, 2008 Housing Act (42 U.S.C. 8013) for supportive spect to an enterprise, for such period as is ring on such mortgages during such period, housing for persons with disabilities; and necessary, if the Director determines that the percentage of the total of such mort- (4) the program for assistance under the exigent circumstances exist and such suspen- gages insured during such period on which Native American Housing Assistance and sion is appropriate to ensure the safety and defaults and foreclosure occurred, and the Self-Determination Act of 1996 (25 U.S.C. soundness of the portfolio holdings of the en- rate for such period of defaults and fore- 4111). terprise.’’; closures on such mortgages compared to the (i) AUTHORIZATION OF APPROPRIATIONS.— (2) by adding at the end the following new overall rate for such period of defaults and There is authorized to be appropriated to subsection: foreclosures on mortgages for single-family carry out this section $50,000,000 for each fis- ‘‘(e) DEFINITIONS.—For purposes of this sec- housing insured under this Act by the Sec- cal year in which the demonstration pro- tion, the following definitions shall apply: retary.’’. gram under this section is carried out. ‘‘(1) ENERGY-EFFICIENT MORTGAGE.—The (b) INDIAN HOUSING LOAN GUARANTEES.— (j) REGULATIONS.—Not later than the expi- term ‘energy efficient mortgage’ means a (1) REQUIREMENT.—Section 184 of the Hous- ration of the 180-day period beginning on the mortgage loan under which the income of date of the enactment of this Act, the Sec- ing and Community Development Act of 1992 the borrower, for purposes of qualification (12 U.S.C. 1715z–13a) is amended— retary shall issue any regulations necessary for such loan, is considered to be increased to carry out this section. (A) by redesignating subsection (l) as sub- by not less than $1 for each $1 of savings pro- section (m); and SEC. 606. ADDITIONAL CREDIT FOR FANNIE MAE jected to be realized by the borrower as a re- AND FREDDIE MAC HOUSING GOALS (B) by inserting after subsection (k) the sult of cost-effective energy saving design, following new subsection: FOR ENERGY EFFICIENT MORT- construction or improvements (including use GAGES. of renewable energy sources, such as solar, ‘‘(l) CONSIDERATION OF ENERGY EFFI- Section 1336(a) of the Housing and Commu- CIENCY.—The Secretary shall establish a nity Development Act of 1992 (12 U.S.C. geothermal, biomass, and wind, super-insulation, energy-saving windows, insulating method to consider, in its underwriting 4566(a)), as amended by the Federal Housing standards for loans for single-family housing Finance Regulatory Reform Act of 2008 (Pub- glass and film, and radiant barrier) for the home for which the loan is made. meeting the energy efficiency standards lic Law 110–289; 122 Stat. 2654), is amended— under section 604(a) of the Green Resources (1) in paragraph (2), by striking ‘‘paragraph ‘‘(2) LOCATION-EFFICIENT MORTGAGE.—The term ‘location efficient mortgage’ means a for Energy Efficient Neighborhoods Act of (5)’’ and inserting ‘‘paragraphs (5) and (6)’’; 2008 that are guaranteed under this section, and mortgage loan under which— ‘‘(A) the income of the borrower, for pur- the impact that savings on utility costs has (2) by adding at the end the following new on the income of the borrower.’’. paragraph: poses of qualification for such loan, is considered to be increased by not less than $1 for (2) REPORTING ON DEFAULTS.—Section 540(b) ‘‘(6) ADDITIONAL CREDIT.— each $1 of savings projected to be realized by of the National Housing Act (12 U.S.C. 1735f– ‘‘(A) IN GENERAL.—In assigning credit to- the borrower because the location of the 18(b)), as amended by subsection (a)(2) of this ward achievement under this section of the section, is further amended by adding at the housing goals for mortgage purchase activi- home for which loan is made will result in decreased transportation costs for the house- end the following new paragraph: ties of the enterprises, the Director shall as- ‘‘(4) With respect to each collection period sign— hold of the borrower; or ‘‘(B) the sum of the principal, interest, that commences after December 31, 2011, the ‘‘(i) more than 125 percent credit, for such total number of loans guaranteed under sec- purchases that both— taxes, and insurance due under the mortgage loan is decreased by not less than $1 for each tion 184 of the Housing and Community De- ‘‘(I) comply with the requirements of such velopment Act of 1992 (12 U.S.C. 1715z–13a) on goals; and $1 of savings projected to be realized by the borrower because the location of the home single-family housing meeting the enhanced ‘‘(II) support housing that meets the en- energy efficiency standards under section ergy efficiency standards under section 604(a) for which loan is made will result in decreased transportation costs for the house- 604(a) of the Green Resources for Energy Ef- of the Green Resources for Energy Efficient ficient Neighborhoods Act of 2008 that are Neighborhoods Act of 2008; and hold of the borrower.’’. SEC. 608. CONSIDERATION OF ENERGY EFFI- guaranteed by the Secretary during the ap- ‘‘(ii) credit in addition to credit under plicable collection period, the number of de- clause (i), for purchases that both— CIENCY UNDER FHA MORTGAGE IN- SURANCE PROGRAMS AND NATIVE faults and foreclosures occurring on such ‘‘(I) comply with the requirements of such AMERICAN AND NATIVE HAWAIIAN loans during such period, the percentage of goals, and LOAN GUARANTEE PROGRAMS. the total of such loans guaranteed during ‘‘(II) support housing that complies with (a) FHA MORTGAGE INSURANCE.— such period on which defaults and fore- the enhanced energy efficiency and conserva- (1) REQUIREMENT.—Title V of the National closure occurred, and the rate for such pe- tion standards, or the green building stand- Housing Act is amended by adding after sec- riod of defaults and foreclosures on such ards, under section 604(b) of such Act, or tion 542 (12 U.S.C. 1735f–20) the following new loans compared to the overall rate for such both, section: period of defaults and foreclosures on loans and such additional credit shall be given ‘‘SEC. 543. CONSIDERATION OF ENERGY EFFI- for single-family housing guaranteed under based on the extent to which the housing CIENCY. such section 184 by the Secretary.’’. supported with such purchases complies with ‘‘(a) UNDERWRITING STANDARDS.—The Sec- (c) NATIVE HAWAIIAN HOUSING LOAN GUAR- such standards. retary shall establish a method to consider, ANTEES.— ‘‘(B) TREATMENT OF ADDITIONAL CREDIT.— in its underwriting standards for mortgages (1) REQUIREMENT.—Section 184A of the The availability of additional credit under on single-family housing meeting the energy efficiency standards under section 604(a) of Housing and Community Development Act of this paragraph shall not be used to increase 1992 (12 U.S.C. 1715z–13b) is amended by in- any housing goal, subgoal, or target estab- the Green Resources for Energy Efficient Neighborhoods Act of 2008 that are insured serting after subsection (l) the following new lished under this subpart.’’. subsection: SEC. 607. DUTY TO SERVE UNDERSERVED MAR- under this Act, the impact that savings on KETS FOR ENERGY-EFFICIENT AND utility costs has on the income of the mort- ‘‘(m) ENERGY-EFFICIENT HOUSING REQUIRE- LOCATION-EFFICIENT MORTGAGES. gagor. MENT.—The Secretary shall establish a meth- Section 1335 of Federal Housing Enter- ‘‘(b) GOAL.—It is the sense of the Congress od to consider, in its underwriting standards prises Financial Safety and Soundness Act of that, in carrying out this Act, the Secretary for loans for single-family housing meeting 1992 (12 U.S.C. 4565), as amended by the Fed- should endeavor to insure mortgages on sin- the energy efficiency standards under sec- eral Housing Finance Regulatory Reform gle-family housing meeting the energy effi- tion 604(a) of the Green Resources for Energy Act of 2008 (Public Law 110–289; 122 Stat. ciency standards under section 604(a) of the Efficient Neighborhoods Act of 2008 that are 2654), is amended— Green Resources for Energy Efficient Neigh- guaranteed under this section, the impact (1) in subsection (a)(1), by adding at the borhoods Act of 2008 such that at least 50,000 that savings on utility costs has on the in- end the following new subparagraph: such mortgages are insured during the period come of the borrower.’’. ‘‘(D) MARKETS FOR ENERGY-EFFICIENT AND beginning upon the date of the enactment of (2) REPORTING ON DEFAULTS.—Section 540(b) LOCATION-EFFICIENT MORTGAGES.— such Act and ending on December 31, 2012.’’. of the National Housing Act (12 U.S.C. 1735f– ‘‘(i) DUTY.—Subject to clause (ii), the en- (2) REPORTING ON DEFAULTS.—Section 540(b) 18(b)), as amended by the preceding provi- terprise shall develop loan products and of the National Housing Act (12 U.S.C. 1735f– sions of this section, is further amended by flexible underwriting guidelines to facilitate 18(b)) is amended by adding at the end the adding at the end the following new para- a secondary market for energy-efficient and following new paragraph: graph: location-efficient mortgages on housing for ‘‘(3) With respect to each collection period ‘‘(5) With respect to each collection period very low-, low-, and moderate income fami- that commences after December 31, 2011, the that commences after December 31, 2011, the lies, and for second and junior mortgages total number of mortgages on single-family total number of loans guaranteed under sec- made for purposes of energy efficiency or re- housing meeting the energy efficiency stand- tion 184A of the Housing and Community De- newable energy improvements, or both. ards under section 604(a) of the Green Re- velopment Act of 1992 (12 U.S.C. 1715z–13b) on ‘‘(ii) AUTHORITY TO SUSPEND.—Notwith- sources for Energy Efficient Neighborhoods single-family housing meeting the enhanced standing any other provision of this section, Act of 2008 that are insured by the Secretary energy efficiency standards under section the Director may suspend the applicability during the applicable collection period, the 604(a) of the Green Resources for Energy Ef- of the requirement under clause (i) with re- number of defaults and foreclosures occur- ficient Neighborhoods Act of 2008 that are

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\CR\FM\A16SE7.025 H16SEPT1 jbell on PROD1PC69 with HOUSE September 16, 2008 CONGRESSIONAL RECORD — HOUSE H8195 guaranteed by the Secretary during the ap- (1) in paragraph (3), by striking ‘‘and’’ at and conservation standards, and the green plicable collection period, the number of de- the end; building standards, under section 604(b) of faults and foreclosures occurring on such (2) in paragraph (4), by striking the period this title, to the extent that such incentives loans during such period, the percentage of at the end and inserting a semicolon; and are based on the impact that savings on util- the total of such loans guaranteed during (3) by adding at the end the following new ity costs has on the operating costs of the such period on which defaults and fore- paragraphs: housing, as determined by the Secretary. closure occurred, and the rate for such pe- ‘‘(5) the number and dollar amount of (b) INCENTIVES.—Such incentives may in- riod of defaults and foreclosures on such mortgage loans for single-family housing clude, for any such multifamily housing that loans compared to the overall rate for such and for multifamily housing that are energy- complies with the energy efficiency stand- period of defaults and foreclosures on loans efficient mortgages (as such term is defined ards under section 604(a)— for single-family housing guaranteed under in section 1335 of Housing and Community (1) providing a discount on the chargeable such section 184A by the Secretary.’’. Development Act of 1992); and premiums for the mortgage insurance for SEC. 609. ENERGY EFFICIENT MORTGAGES EDU- ‘‘(6) the number and dollar amount of such housing from the amount otherwise CATION AND OUTREACH CAMPAIGN. mortgage loans for single-family housing chargeable for such mortgage insurance; Section 106 of the Energy Policy Act of and for multifamily housing that are loca- (2) allowing mortgages to exceed the dollar 1992 (12 U.S.C. 1701z–16) is amended by adding tion-efficient mortgages (as such term is de- amount limits otherwise applicable under at the end the following new subsection: fined in section 1335 of Housing and Commu- law to the extent such additional amounts ‘‘(g) EDUCATION AND OUTREACH CAMPAIGN.— nity Development Act of 1992).’’. are used to finance improvements or meas- ‘‘(1) DEVELOPMENT OF ENERGY-EFFICIENT (b) APPLICABILITY.—The amendment made ures designed to meet the standards referred MORTGAGE OUTREACH PROGRAM.— by subsection (a) shall apply with respect to to in subsection (a); and ‘‘(A) COMMISSION.—The Secretary, in con- the first calendar year that begins after the (3) reducing the amount that the owner of sultation and coordination with the Sec- expiration of the 30-day period beginning on such multifamily housing meeting the stand- retary of Energy, the Secretary of Edu- the date of the enactment of this Act. ards referred to in subsection (a) is required cation, the Secretary of Agriculture, and the SEC. 611. ENSURING AVAILABILITY OF HOME- to contribute. Administrator of the Environmental Protec- OWNERS INSURANCE FOR HOMES SEC. 613. ENERGY EFFICIENCY CERTIFICATIONS tion Agency, shall establish a commission to NOT CONNECTED TO ELECTRICITY FOR HOUSING WITH MORTGAGES IN- develop and recommend model mortgage GRID. SURED BY FHA. products and underwriting guidelines that (a) IN GENERAL.—In the case of any covered Section 526 of the National Housing Act (12 provide market-based incentives to prospec- structure (as such term is defined in sub- U.S.C. 1735f–4(a)) is amended— tive home buyers, lenders, and sellers to in- section (d)), it shall be unlawful for any in- (1) in subsection (a)— corporate energy efficiency upgrades in new surer to deny homeowners insurance cov- (A) by striking ‘‘, other than manufactured mortgage loan transactions. erage for the structure, or to otherwise dis- homes,’’ each place such term appears; ‘‘(B) REPORT.—Not later than 24 months criminate in the issuance, cancellation, (B) by inserting after the period at the end after the date of the enactment of the Green amount of such coverage, or conditions of the following: ‘‘The energy performance re- Resources for Energy Efficient Neighbor- such coverage for the structure, based solely quirements developed and established by the hoods Act of 2008, the Secretary shall provide and without any additional actuarial risks Secretary under this section for manufac- a written report to the Congress on the re- upon the fact that the structure is not con- tured homes shall require energy star rating sults of work of the commission established nected to, or able to receive electricity serv- for wall fixtures, appliances, and equipment pursuant to subparagraph (A) and that iden- ice from, any wholesale or retail electric in such housing.’’; tifies model mortgage products and under- power provider. (C) by inserting ‘‘(1)’’ after ‘‘(a)’’; and writing guidelines that may encourage en- (b) CONSIDERATION OF ACTUARIAL RISK.— (D) by adding at the end the following new ergy efficiency. Subsection (a) may not be construed to pre- paragraphs: ‘‘(2) IMPLEMENTATION.—After submission of vent any insurer from charging rates for ‘‘(2) The Secretary shall require, with re- the report under paragraph (1)(B), the Sec- homeowners insurance coverage for a struc- spect to any single- or multi-family residen- retary, in consultation and coordination ture that are based on a good faith actuarial tial housing subject to a mortgage insured with the Secretary of Energy, the Secretary analysis of the risk associated with the under this Act, that any approval or certifi- of Education, and the Administrator of the structure not being connected to, or able to cation of the housing for meeting any energy Environmental Protection Agency, shall receive electricity service from, any whole- efficiency or conservation criteria, stand- carry out a public awareness, education, and sale or retail electric power provide. Any ards, or requirements pursuant to this title outreach campaign based on the findings of good faith analysis of such risk shall include and any approval or certification required the commission established pursuant to analysis of the manner in which electric pursuant to this title with respect to energy paragraph (1) to inform and educate residen- power for the structure is provided. conserving improvements or any renewable tial lenders and prospective borrowers re- (c) INSURING HOMES AND RELATED PROP- energy sources, such as wind, solar energy garding the availability, benefits, advan- ERTY IN INDIAN AREAS.—Notwithstanding any geothermal, or biomass, shall be conducted tages, and terms of energy efficient mort- other provision of law, covered structures lo- only by an individual certified by a home engages made available pursuant to this sec- cated in Indian areas (as such term is defined ergy rating system provider who has been action, energy efficient mortgages that meet in section 4 of the Native American Housing credited to conduct such ratings by the the requirements of section 1335 of the Hous- Assistance and Self-Determination Act of Home Energy Ratings System Council, the ing and Community Development Act of 1992 1996 (25 U.S.C. 4103)) and constructed or Residential Energy Services Network, or (42 U.S.C. 4565), and other mortgages, includ- maintained using assistance, loan guaran- such other appropriate national organiza- ing mortgages for multifamily housing, that tees, or other authority under the Native tion, as the Secretary may provide, or by li- have energy improvement features and to American Housing Assistance and Self-De- censed professional architect or engineer. If publicize such availability, benefits, advan- termination Act of 1996 may be insured by any organization makes a request to the Sec- tages, and terms. Such actions may include any tribally owned self-insurance risk pool retary for approval to accredit individuals to entering into a contract with an appropriate approved by the Secretary of Housing and conduct energy efficiency or conservation entity to publicize and market such mort- Urban Development. ratings, the Secretary shall review and ap- gages through appropriate media. (d) COVERED STRUCTURE.—For purposes of prove or disapprove such request not later ‘‘(3) RENEWABLE ENERGY HOME PRODUCT this section, the term ‘‘covered structure’’ than the expiration of the 6-month period be- EXPOS.—The Congress hereby encourages the means a residential structure that— ginning upon receipt of such request. Secretary of Housing and Urban Develop- (1) consists of one to four dwelling units; ‘‘(3) The Secretary shall periodically exam- ment to work with appropriate entities to (2) is provided power, heat, or electricity ine the method used to conduct inspections organize and hold renewable energy expo- from renewable energy sources (such as for compliance with the requirements under sitions that provide an opportunity for the solar, wind, geothermal, or biomass) or a fuel this section, analyze various other ap- public to view and learn about renewable en- cell; and proaches for conducting such inspections, ergy products for the home that are cur- (3) is not connected to any wholesale or re- and review the costs and benefits of the currently on the market. tail electrical power grid. rent method compared with other methods.’’; ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— SEC. 612. MORTGAGE INCENTIVES FOR ENERGY- and There is authorized to be appropriated to the EFFICIENT MULTIFAMILY HOUSING. (2) in subsection (b), by striking ‘‘, other Secretary to carry out this subsection (a) IN GENERAL.—The Secretary of Housing than a manufactured home,’’. $5,000,000 for each of fiscal years 2009 through and Urban Development shall establish in- SEC. 614. ASSISTED HOUSING ENERGY LOAN 2012.’’. centives for increasing the energy efficiency PILOT PROGRAM. of multifamily housing that is subject to a (a) AUTHORITY.—Not later than the expira- SEC. 610. COLLECTION OF INFORMATION ON EN- ERGY-EFFICIENT AND LOCATION EF- mortgage to be insured under title II of the tion of the 12-month period beginning on the FICIENT MORTGAGES THROUGH National Housing Act (12 U.S.C. 1707 et seq.) date of the enactment of this Act, the Sec- HOME MORTGAGE DISCLOSURE ACT. so that the housing meets the energy effi- retary shall develop and implement a pilot (a) IN GENERAL.—Section 304(b) of the ciency standards under section 604(a) of this program under this section to facilitate the Home Mortgage Disclosure Act of 1975 (12 title and incentives to encourage compliance financing of cost-effective capital improve- U.S.C. 2803(b)) is amended— of such housing with the energy efficiency ments for covered assisted housing projects

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00065 Fmt 4634 Sfmt 0634 E:\CR\FM\A16SE7.025 H16SEPT1 jbell on PROD1PC69 with HOUSE H8196 CONGRESSIONAL RECORD — HOUSE September 16, 2008 to improve the energy efficiency and con- provements in new and existing single-fam- units of general local government, and insu- servation of such projects. ily and multifamily housing. lar areas receiving grants, the statement of (b) LOANS.—The pilot program under this ‘‘(b) ALLOCATIONS.— projected use of funds shall consist of pro- section shall involve not less than three and ‘‘(1) IN GENERAL.—Of the total amount posed housing energy efficiency activities. In not more than five lenders, and shall provide made available for each fiscal year for grants the case of States receiving grants, the for a privately financed loan to be made for under this section that remains after reserv- statement of projected use of funds shall a covered assisted housing project, which ing amounts pursuant to paragraph (2), the consist of the method by which the States shall— Secretary shall allocate for insular areas, for will distribute funds to units of general local (1) finance capital improvements for the metropolitan cities and urban counties, and government. project that meet such requirements as the for States, an amount that bears the same ‘‘(2) PUBLIC PARTICIPATION.—The Secretary Secretary shall establish, and may involve ratio to such total amount as the amount al- may establish requirements to ensure the contracts with third parties to perform such located for such fiscal year under section 106 public availability of information regarding capital improvements, including the design for Indian tribes, for insular areas, for met- projected use of grant amounts and public of such improvements by licensed profes- ropolitan cities and urban counties, and for participation in determining such projected sional architects or engineers; States, respectively, bears to the total use. (2) have a term to maturity of not more amount made available for such fiscal year ‘‘(e) ELIGIBLE ACTIVITIES.— than 20 years, which shall be based upon the for grants under section 106. ‘‘(1) REQUIREMENT.—Amounts from a grant duration necessary to realize cost savings ‘‘(2) SET ASIDE FOR INDIAN TRIBES.—Of the under this section may be used only to carry sufficient to repay the loan; total amount made available for each fiscal out activities for single-family or multi- (3) be secured by a mortgage subordinate year for grants under this section, the Sec- family housing that are designed to improve to the mortgage for the project that is in- retary shall allocate not less than one per- the energy efficiency of the housing so that sured under the National Housing Act; and cent to Indian tribes. the housing complies with the energy effi- ‘‘(c) GRANT AMOUNTS.— (4) provide for a reduction in the remaining ciency standard under section 604(a) of the ‘‘(1) ENTITLEMENT COMMUNITIES.—From the principal obligation under the loan based on Green Resources for Energy Efficient Neigh- amounts allocated pursuant to subsection (b) the actual resulting cost savings realized borhoods Act of 2008, including such activi- for metropolitan cities and urban counties from the capital improvements financed ties to provide energy for such housing from for each fiscal year, the Secretary shall with the loan. renewable sources, such as wind, waves, make a grant for such fiscal year to each solar, biomass, and geothermal sources. (c) UNDERWRITING STANDARDS.—The Sec- metropolitan city and urban county that REFERENCE FOR COMPLIANCE BEYOND retary shall establish underwriting require- ‘‘(2) P complies with the requirement under sub- MINIMUM REQUIREMENTS.—In selecting activi- ments for loans made under the pilot pro- section (d), in the amount that bears the ties to be funded with amounts from a grant gram under this section, which shall— same ratio such total amount so allocated as under this section, a grantee shall give more (1) require the cost savings projected to be the amount of the grant for such fiscal year preference to activities based on the extent realized from the capital improvements fi- under section 106 for such metropolitan city to which the activities will result in compli- nanced with the loan, during the term of the or urban county bears to the aggregate ance by the housing with the enhanced en- loan, to exceed the costs of repaying the amount of all grants for such fiscal year ergy efficiency and conservation standards, loan; under section 106 for all metropolitan cities and the green building standards, under sec- (2) allow the designer or contractor in- and urban counties. tion 604(b) of such Act. volved in designing capital improvements to ‘‘(2) STATES.—From the amounts allocated ‘‘(f) REPORTS.—Each grantee of a grant be financed with a loan under the program to pursuant to subsection (b) for States for each under this section for a fiscal year shall sub- carry out such capital improvements; and fiscal year, the Secretary shall make a grant mit to the Secretary, at a time determined (3) include such energy, audit, property, fi- for such fiscal year to each State that com- by the Secretary, a performance and evalua- nancial, ownership, and approval require- plies with the requirement under subsection tion report concerning the use of grant ments as the Secretary considers appro- (d), in the amount that bears the same ratio amounts, which shall contain an assessment priate. such total amount so allocated as the by the grantee of the relationship of such use (d) TREATMENT OF SAVINGS.—The pilot pro- amount of the grant for such fiscal year to the objectives identified in the grantees gram under this section shall provide that under section 106 for such State bears to the statement under subsection (d). the project owner shall receive the full fi- aggregate amount of all grants for such fis- ‘‘(g) APPLICABILITY OF CDBG PROVISIONS.— nancial benefit from any reduction in the cal year under section 106 for all States. Sections 109, 110, and 111 of the Housing and cost of utilities resulting from capital im- Grant amounts received by a State shall be Community Development Act of 1974 (42 provements financed with a loan made under used only for eligible activities under sub- U.S.C. 5309, 5310, 5311) shall apply to assist- the program. section (e) carried out in nonentitlement ance received under this section to the same (e) COVERED ASSISTED HOUSING PROJECTS.— areas of the State. extent and in the same manner that such sections apply to assistance received under For purposes of this section, the term ‘‘cov- ‘‘(3) INDIAN TRIBES.—From the amounts al- title I of such Act. ered assisted housing project’’ means a hous- located pursuant to subsection (b) for Indian ing project that— ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— tribes, the Secretary shall make grants to There is authorized to be appropriated for (1) is financed by a loan or mortgage that Indian tribes that comply with the require- is— grants under this section $2,500,000,000 for fis- ment under subsection (d) on the basis of a cal year 2009 and such sums as may be nec- (A) insured by the Secretary under sub- competition conducted pursuant to specific section (d)(3) or (d)(4) of section 221 of the essary for each fiscal year thereafter.’’. criteria, as the Secretary shall establish by SEC. 616. INCLUDING SUSTAINABLE DEVELOP- National Housing Act (12 U.S.C. 1715l), and regulation, for the selection of Indian tribes bears interest at a rate determined under the MENT IN COMPREHENSIVE HOUSING to receive such amount. AFFORDABILITY STRATEGIES. proviso of section 221(d)(5) of such Act; or ‘‘(4) INSULAR AREAS.—From the amounts Section 105(b) of the Cranston-Gonzalez (B) insured or assisted under section 236 of allocated pursuant to subsection (b) for insu- National Affordable Housing Act (42 U.S.C. the National Housing Act (12 U.S.C. 1715z–1); lar areas, the Secretary shall make a grant 12705(b)) is amended— (2) at the time a loan under this section is to each insular area that complies with the (1) by striking ‘‘and’’ at the end of para- made, is provided project-based rental assist- requirement under subsection (d) on the graph (19); ance under section 8 of the United States basis of the ratio of the population of the in- (2) by striking the period at the end of Housing Act of 1937 (42 U.S.C. 1437f) for 50 sular area to the aggregate population of all paragraph (20) and inserting ‘‘; and’’; percent or more of the dwelling units in the insular areas. In determining the distribu- (3) and by inserting after paragraph (20) project; and tion of amounts to insular areas, the Sec- the following: (3) is not a housing project owned or held retary may also include other statistical cri- ‘‘(21) describe the jurisdiction’s strategies by the Secretary, or subject to a mortgage teria as data become available from the Bu- to encourage sustainable development for af- held by the Secretary. reau of Census of the Department of Labor, fordable housing, including single-family and SEC. 615. RESIDENTIAL ENERGY EFFICIENCY but only if such criteria are set forth by reg- multifamily housing, as measured by— BLOCK GRANT PROGRAM. ulation issued after notice and an oppor- ‘‘(A) greater energy efficiency and use of Title I of the Housing and Community De- tunity for comment. renewable energy sources, including any velopment Act of 1974 (42 U.S.C. 5301 et seq.) ‘‘(d) STATEMENT OF ACTIVITIES.— strategies regarding compliance with the en- is amended by adding at the end the fol- ‘‘(1) REQUIREMENT.—Before receipt the re- ergy efficiency requirements under section lowing new section: ceipt in any fiscal year of a grant under sub- 604(a) of the Green Resources for Energy Ef- ‘‘SEC. 123. RESIDENTIAL ENERGY EFFICIENCY section (c) by any grantee, the grantee shall ficient Neighborhoods Act of 2008 and with BLOCK GRANT PROGRAM. have prepared a final statement of housing the enhanced energy efficiency and conserva- ‘‘(a) IN GENERAL.—To the extent amounts energy efficiency objectives and projected tion standards, and the green building stand- are made available for grants under this sec- use of funds as the Secretary shall require ards, under section 604(b) of such Act; tion, the Secretary shall make grants under and shall have provided the Secretary with ‘‘(B) increased conservation, recycling, and this section to States, metropolitan cities such certifications regarding such objectives reuse of resources; and urban counties, Indian tribes, and insu- and use as the Secretary may require. In the ‘‘(C) more effective use of existing infra- lar areas to carry out energy efficiency im- case of metropolitan cities, urban counties, structure;

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00066 Fmt 4634 Sfmt 0634 E:\CR\FM\A16SE7.025 H16SEPT1 jbell on PROD1PC69 with HOUSE September 16, 2008 CONGRESSIONAL RECORD — HOUSE H8197 ‘‘(D) use of building materials and methods zalez National Affordable Housing Act (42 stantially equivalent standard or standards that are healthier for residents of the hous- U.S.C. 12704)); as determined by the Secretary, as follows: ing, including use of building materials that (B) a community housing development or- ‘‘(I) The proposed plan shall comply with are free of added known carcinogens that are ganization (as defined in section 104 of the all items of the national Green Communities classified as Group 1 Known Carcinogens by Cranston-Gonzalez National Affordable criteria checklist for residential construc- the International Agency for Research on Housing Act (42 U.S.C. 12704)); tion that are identified as mandatory. Cancer; and (C) an Indian tribe or tribally designated ‘‘(II) The proposed plan shall comply with ‘‘(E) such other criteria as the Secretary housing entity (as such terms are defined in such other nonmandatory items of such na- determines, in consultation with the Sec- section 4 of the Native American Housing tional Green Communities criteria checklist retary of Energy, the Secretary of Agri- Assistance and Self-Determination Act of so as to result in a cumulative number of culture, and the Administrator of the Envi- 1996 (25 U.S.C. 4103)); or points attributable to such nonmandatory ronmental Protection Agency, are in accord- (D) a public housing agency, as such term items under such checklist of not less than— ance with the purposes of this paragraph.’’. is defined in section 3(b) of the United States ‘‘(aa) 25 points, in the case of any proposed SEC. 617. GRANT PROGRAM TO INCREASE SUS- Housing Act of 1937 (42 U.S.C. 1437(b)). plan (or portion thereof) consisting of new TAINABLE LOW-INCOME COMMU- (3) The term ‘‘low-income community’’ construction; and NITY DEVELOPMENT CAPACITY. means a census tract in which 50 percent or ‘‘(bb) 20 points, in the case of any proposed (a) IN GENERAL.—The Secretary may make more of the households have an income plan (or portion thereof) consisting of reha- grants to nonprofit organizations to use for which is less than 80 percent of the greater bilitation. any of the following purposes: of— ‘‘(ii) GREEN BUILDINGS CERTIFICATION SYS- (1) Training, educating, supporting, or ad- (A) the median gross income for such year TEM.—All non-residential construction under vising an eligible community development for the area in which such census tract is lo- the proposed plan complies with all min- organization or qualified youth service and cated; or imum required levels of the green building conservation corps in improving energy effi- (B) the median gross income for such year rating systems and levels identified by the ciency, resource conservation and reuse, de- for the State in which such census tract is Secretary pursuant to subparagraph (C), as sign strategies to maximize energy effi- located. such systems and levels are in effect for pur- ciency, installing or constructing renewable (f) AUTHORIZATION OF APPROPRIATIONS.— poses of this paragraph pursuant to subpara- energy improvements (such as wind, wave, There are authorized to be appropriated to graph (D) at the time of the application for solar, biomass, and geothermal energy the Secretary to carry out this section the grant. sources), and effective use of existing infra- $10,000,000 for each of fiscal years 2008 ‘‘(B) VERIFICATION.— structure in affordable housing and eco- through 2012. ‘‘(i) IN GENERAL.—The Secretary shall nomic development activities in low-income SEC. 618. UTILIZATION OF ENERGY PERFORM- verify, or provide for verification, sufficient communities, taking into consideration en- ANCE CONTRACTS IN HOPE VI. to ensure that each proposed revitalization ergy efficiency requirements under section Section 24(d) of the United States Housing plan carried out with amounts from a grant 604(a) of this title and with the enhanced en- Act of 1937 (42 U.S.C. 1437v(d)) is amended by under this section complies with the require- ergy efficiency and conservation standards, adding at the end the following new para- ments under subparagraph (A) and that the and the green building standards, under sec- graph: revitalization plan is carried out in accord- tion 604(b) of this title. ‘‘(3) ENERGY PERFORMANCE CONTRACTS.— ance with such requirements and plan. (2) Providing loans, grants, or ‘‘(A) IN GENERAL.—The Secretary shall pro- ‘‘(ii) TIMING.—In providing for such predevelopment assistance to eligible com- vide that a public housing agency shall re- verification, the Secretary shall establish munity development organizations or quali- ceive the full financial benefit, as deter- procedures to ensure such compliance with fied youth service and conservation corps to mined by the Secretary, from any reduction respect to each grantee, and shall report to carry out energy efficiency improvements in the cost of utilities resulting from any the Congress with respect to the compliance that comply with the energy efficiency re- contract with a third party to undertake en- of each grantee, at each of the following quirements under section 604(a) of this title, ergy conservation improvements in connec- times: resource conservation and reuse, and effec- tion with a revitalization plan under this ‘‘(I) Not later than 6 months after executive use of existing infrastructure in afford- section. tion of the grant agreement under this sec- able housing and economic development ac- ‘‘(B) THIRD PARTY CONTRACTS.—Contracts tion for the grantee. tivities in low-income communities. In pro- described in subparagraph (A) may include ‘‘(II) Upon completion of the revitalization viding assistance under this paragraph, the contracts for equipment conversions to less plan of the grantee. Secretary shall give more preference to ac- costly utility sources, projects with resident- ‘‘(C) IDENTIFICATION OF GREEN BUILDINGS tivities based on the extent to which the ac- paid utilities, and adjustments to frozen base RATING SYSTEMS AND LEVELS.— tivities will result in compliance with the year consumption, including systems re- ‘‘(i) IN GENERAL.—For purposes of this enhanced energy efficiency and conservation paired to meet applicable building and safety paragraph, the Secretary shall identify rat- standards, and the green building standards, codes and adjustments for occupancy rates ing systems and levels for green buildings under section 604(b) of this title. increased by rehabilitation. that the Secretary determines to be the (3) Such other purposes as the Secretary ‘‘(C) TERM OF CONTRACT.—The total term of most likely to encourage a comprehensive determines are in accordance with the pur- a contract described in subparagraph (A) and environmentally-sound approach to rat- poses of this subsection. shall not exceed 20 years to allow longer pay- ings and standards for green buildings. The (b) APPLICATION REQUIREMENT.—To be eli- back periods for retrofits, including win- gible for a grant under this section, a non- identification of the ratings systems and lev- dows, heating system replacements, wall in- profit organization shall prepare and submit els shall be based on the criteria specified in sulation, site-based generation, advanced en- to the Secretary an application at such time, clause (ii), shall identify the highest levels ergy savings technologies, including renew- in such manner, and containing such infor- the Secretary determines are appropriate able energy generation, and other such retro- mation as the Secretary may require. above the minimum levels required under fits.’’. (c) AWARD OF CONTRACTS.—Contracts for the systems selected. Within 90 days of the architectural or engineering services funded SEC. 619. HOPE VI GREEN DEVELOPMENTS RE- completion of each study required by clause with amounts from grants made under this QUIREMENT. (iii), the Secretary shall review and update section shall be awarded in accordance with (a) MANDATORY COMPONENT.—Section 24(e) the rating systems and levels, or identify al- chapter 11 of title 40, United States Code (re- of the United States Housing Act of 1937 (42 ternative systems and levels for purposes of lating to selection of architects and engi- U.S.C. 1437v(e)) is amended by adding at the this paragraph, taking into account the con- neers). end the following new paragraph: clusions of such study. (d) MATCHING REQUIREMENT.—A grant made ‘‘(4) GREEN DEVELOPMENTS REQUIREMENT.— ‘‘(ii) CRITERIA.—In identifying the green under this section may not exceed the ‘‘(A) REQUIREMENT.—The Secretary may rating systems and levels, the Secretary amount that the nonprofit organization re- not make a grant under this section to an shall take into consideration— ceiving the grant certifies, to the Secretary, applicant unless the proposed revitalization ‘‘(I) the ability and availability of asses- will be provided (in cash or in kind) from plan of the applicant to be carried out with sors and auditors to independently verify the non-governmental sources to carry out the such grant amounts meets the following re- criteria and measurement of metrics at the purposes for which the grant is made. quirements: scale necessary to implement this paragraph; (e) DEFINITIONS.—For purposes of this sec- ‘‘(i) GREEN COMMUNITIES CRITERIA CHECK- ‘‘(II) the ability of the applicable ratings tion, the following definitions shall apply: LIST.—All residential construction under the system organizations to collect and reflect (1) The term ‘‘nonprofit organization’’ has proposed plan complies with the national public comment; the meaning given such term in section 104 Green Communities criteria checklist for ‘‘(III) the ability of the standards to be de- of the Cranston-Gonzalez National Afford- residential construction that provides cri- veloped and revised through a consensus- able Housing Act (42 U.S.C. 12704). teria for the design, development, and oper- based process; (2) The term ‘‘eligible community develop- ation of affordable housing, as such checklist ‘‘(IV) An evaluation of the robustness of ment organization’’ means— is in effect for purposes of this paragraph the criteria for a high-performance green (A) a unit of general local government (as pursuant to subparagraph (D) at the date of building, which shall give credit for pro- defined in section 104 of the Cranston-Gon- the application for the grant, or any sub- moting—

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00067 Fmt 4634 Sfmt 0634 E:\CR\FM\A16SE7.025 H16SEPT1 jbell on PROD1PC69 with HOUSE H8198 CONGRESSIONAL RECORD — HOUSE September 16, 2008 ‘‘(aa) efficient and sustainable use of (C) by inserting after paragraph (1) the fol- SEC. 621. ASSISTANCE FOR HOUSING ASSISTANCE water, energy, and other natural resources; lowing new paragraph: COUNCIL. ‘‘(bb) use of renewable energy sources; ‘‘(2) that such appraisals be performed in The Secretary shall require the Housing ‘‘(cc) improved indoor and outdoor environ- accordance with appraisal standards that re- Assistance Council— mental quality through enhanced indoor and quire, in determining the value of a prop- (1) to encourage each organization that re- outdoor air quality, thermal comfort, acous- erty, consideration of any renewable energy ceives assistance from the Council with any tics, outdoor noise pollution, day lighting, sources for, or energy-efficiency or energy- amounts made available from the Secretary pollutant source control, sustainable land- conserving improvements or features of, the to provide that any structures and buildings scaping, and use of building system controls property; and’’. developed or assisted under projects, pro- and low- or no-emission materials, including (2) REVISION OF APPRAISAL STANDARDS.— grams, and activities funded with such preference for materials with no added car- Each Federal financial institutions regu- amounts complies with the enhanced energy cinogens that are classified as Group 1 latory agency shall, not later than 6 months efficiency requirements under section 604(a) Known Carcinogens by the International after the date of the enactment of this Act, of this title; and Agency for Research on Cancer; and revise its standards for the performance of (2) to establish incentives to encourage ‘‘(dd) such other criteria as the Secretary real estate appraisals in connection with fed- each such organization to provide that any determines to be appropriate; and erally related transactions under the juris- such structures and buildings comply with ‘‘(V) national recognition within the build- diction of the agency to comply with the re- the energy efficiency and conservation ing industry. quirement under the amendments made by standards, and the green building standards, ‘‘(iii) 5-YEAR EVALUATION.—At least once paragraph (1) of this subsection. under section 604(b) of this title. every five years, the Secretary shall conduct (b) APPRAISER CERTIFICATION AND LICENS- SEC. 622. RURAL HOUSING AND ECONOMIC DE- a study to evaluate and compare available VELOPMENT ASSISTANCE. third-party green building rating systems ING REQUIREMENTS.—Section 1116 of the Fi- nancial Institutions Reform, Recovery, and The Secretary shall— and levels, taking into account the criteria (1) encourage each tribe, agency, organiza- listed in clause (ii). Enforcement Act of 1989 (12 U.S.C. 3345) is amended— tion, corporation, and other entity that re- ‘‘(D) APPLICABILITY AND UPDATING OF (1) in subsection (a), by inserting before ceives any assistance from the Office of STANDARDS.— Rural Housing and Economic Development of ‘‘(i) APPLICABILITY.—Except as provided in the period at the end the following: ‘‘, and the Department of Housing and Urban Devel- clause (ii) of this subparagraph, the national meets the requirements established pursuant opment to provide that any structures and Green Communities criteria checklist and to subsection (f) for qualifications regarding buildings developed or assisted under activi- green building rating systems and levels re- consideration of any renewable energy ties funded with such amounts complies with ferred to in clauses (i) and (ii) of subpara- sources for, or energy-efficiency or energy- the energy efficiency requirements under graph (A) that are in effect for purposes of conserving improvements or features of, the section 604(a) of this title; and this paragraph are such checklist systems, property’’; (2) establish incentives to encourage each and levels as in existence upon the date of (2) in subsection (c), by inserting before the such tribe, agency, organization, corpora- the enactment of the Green Resources for period at the end the following: ‘‘, which tion, and other entity to provide that any Energy Efficient Neighborhoods Act of 2008. shall include compliance with the require- such structures and buildings comply with ‘‘(ii) UPDATING.—The Secretary may, by ments established pursuant to subsection (f) the enhanced energy efficiency and conserva- regulation, adopt and apply, for purposes of regarding consideration of any renewable en- tion standards, and the green building stand- this paragraph, future amendments and sup- ergy sources for, or energy-efficiency or en- ards, under section 604(b) of this title. plements to, and editions of, the national ergy-conserving improvements or features Green Communities criteria checklist, any of, the property’’; SEC. 623. LOANS TO STATES AND INDIAN TRIBES standard or standards that the Secretary has (3) in subsection (e), by striking ‘‘The’’ and TO CARRY OUT RENEWABLE EN- ERGY SOURCES ACTIVITIES. determined to be substantially equivalent to inserting ‘‘Except as provided in subsection (a) ESTABLISHMENT OF FUND.—There is es- such checklist, and the green building rat- (f), the’’; and tablished in the Treasury of the United ings systems and levels identified by the (4) by adding at the end the following new States a fund, to be known as the ‘‘Alter- Secretary pursuant to subparagraph (C).’’. subsection: native Energy Sources State Loan Fund’’. (b) SELECTION CRITERIA; GRADED COMPO- ‘‘(f) REQUIREMENTS FOR APPRAISERS RE- (b) EXPENDITURES.— NENT.—Section 24(e)(2) of the United States GARDING ENERGY-EFFICIENCY FEATURES.—The Housing Act of 1937 (42 U.S.C. 1437v(e)(2)) is Appraisal Subcommittee shall establish re- (1) IN GENERAL.—Subject to paragraph (2), amended— quirements for State certification of State on request by the Secretary, the Secretary of (1) in subparagraph (K), by striking ‘‘and’’ certified real estate appraisers and for State the Treasury shall transfer from the Fund to at the end; licensing of State licensed appraisers, to en- the Secretary such amounts as the Secretary (2) by redesignating subparagraph (L) as sure that appraisers consider and are quali- determines are necessary to provide loans subparagraph (M); and fied to consider, in determining the value of under subsection (c)(1). (3) by inserting after subparagraph (K) the a property, any renewable energy sources (2) ADMINISTRATIVE EXPENSES.—Of the following new subparagraph: for, or energy-efficiency or energy-con- amounts in the Fund, not more than 5 per- ‘‘(L) the extent to which the proposed revi- serving improvements or features of, the cent shall be available for each fiscal year to talization plan— property.’’. pay the administrative expenses of the De- ‘‘(i) in the case of residential construction, partment of Housing and Urban Development (c) GUIDELINES FOR APPRAISING PHOTO- complies with the nonmandatory items of to carry out this section. VOLTAIC MEASURES AND TRAINING OF AP- the national Green Communities criteria (c) LOANS TO STATES AND INDIAN TRIBES.— PRAISERS.—Section 1122 of the Financial In- checklist identified in paragraph (4)(A)(i), or (1) IN GENERAL.—The Secretary shall use stitutions Reform, Recovery, and Enforce- any substantially equivalent standard or amounts in the Fund to provide loans to ment Act of 1989 (12 U.S.C. 3351) is amended standards as determined by the Secretary, States and Indian tribes to provide incen- by adding at the end the following new sub- but only to the extent such compliance ex- tives to owners of single-family and multi- section: ceeds the compliance necessary to accumu- family housing, commercial properties, and late the number of points required under ‘‘(g) GUIDELINES FOR APPRAISING PHOTO- public buildings to provide— such paragraph; and VOLTAIC MEASURES AND TRAINING OF AP- (A) renewable energy sources for such ‘‘(ii) in the case of non-residential con- PRAISERS.—The Appraisal Subcommittee structures, such as wind, wave, solar, bio- struction, complies with the components of shall, in consultation with the Secretary of mass, or geothermal energy sources, includ- the green building rating systems and levels Housing and Urban Development, the Fed- ing incentives to companies and business to identified by the Secretary pursuant to para- eral National Mortgage Association, and the change their source of energy to such renew- graph (4)(C), but only to the extent such Federal Home Loan Mortgage Corporation, able energy sources and for changing the compliance exceeds the minimum level re- establish specific guidelines for— sources of energy for public buildings to such quired under such systems and levels; and’’. ‘‘(1) appraising off- and on-grid photo- renewable energy sources; SEC. 620. CONSIDERATION OF ENERGY-EFFI- voltaic measures for compliance with the ap- (B) energy efficiency and energy con- CIENCY IMPROVEMENTS IN AP- praisal standards prescribed pursuant to sec- serving improvements and features for such PRAISALS. tion 1110(2); structures; or (a) APPRAISALS IN CONNECTION WITH FEDER- ‘‘(2) requirements under section 1116(f) for (C) infrastructure related to the delivery of ALLY RELATED TRANSACTIONS.— certification of State certified real estate ap- electricity and hot water for structures lack- (1) REQUIREMENT.—Section 1110 of the Fi- praisers and for State licensing of State li- ing such amenities. nancial Institutions Reform, Recovery, and censed appraisers, to ensure that appraisers (2) ELIGIBILITY.—To be eligible to receive a Enforcement Act of 1989 (12 U.S.C. 3339) is consider, and are qualified to consider, such loan under this subsection, a State or Indian amended— photovoltaic measures in determining the tribe, directly or through an appropriate (A) in paragraph (1), by striking ‘‘and’’ at value of a property; and State or tribal agency, shall submit to the the end; ‘‘(3) training of appraisers to meet the re- Secretary an application at such time, in (B) by redesignating paragraph (2) as para- quirements established pursuant to para- such manner, and containing such informa- graph (3); and graph (2) of this subsection.’’. tion as the Secretary may require.

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(3) CRITERIA FOR APPROVAL.—The Secretary lands, Guam, the Virgin Islands, American ‘‘(B) obtaining financing for cost-effective may approve an application of a State or In- Samoa, the Trust Territories of the Pacific, energy-saving improvements to such prop- dian tribe under paragraph (2) only if the or any other possession of the United States. erty; and Secretary determines that the State or tribe SEC. 624. GREEN BANKING CENTERS. ‘‘(C) obtaining beneficial terms for any will use the funds from the loan under this (a) INSURED DEPOSITORY INSTITUTIONS.— mortgage or loan, or qualifying for a larger subsection to carry out a program to provide Section 8 of the Federal Deposit Insurance mortgage or loan, secured by a residence incentives described in paragraph (1) that— Act (12 U.S.C. 1818) is amended by adding at which meets or will meet energy-efficiency (A) requires that any such renewable en- the end the following new subsection: standards. ergy sources, and energy efficiency and en- ‘‘(x) ‘GREEN BANKING’ CENTERS.— ‘‘(2) INFORMATION AND REFERRALS.—The in- ergy conserving improvements and features, ‘‘(1) IN GENERAL.—The Federal banking formation made available to members under developed pursuant to assistance under the agencies shall prescribe guidelines encour- paragraph (1) may include— program result in compliance of the struc- aging the establishment and maintenance of ‘‘(A) information on obtaining a home en- ture so improved with the energy efficiency ‘green banking’ centers by insured deposi- ergy rating and contact information on requirements under section 604(a) of this tory institutions to provide any consumer qualified energy raters in the area of the res- title; and who seeks information on obtaining a mort- idence; (B) includes such compliance and audit re- gage, home improvement loan, or home eq- ‘‘(B) information on the secondary market quirements as the Secretary determines are uity loan with additional information on— guidelines that permit lenders to provide necessary to ensure that the program is op- ‘‘(A) obtaining an home energy rating or more favorable terms by allowing lenders to erated in a sound and effective manner. audit for the residence for which such mort- increase the ratio on debt-to-income require- (4) PREFERENCE.—In making loans during gage or loan is sought; ments or to use the projected utility savings each fiscal year, the Secretary shall give ‘‘(B) obtaining financing for cost-effective as a compensating factor; preference to States and Indian tribes that energy-saving improvements to such prop- ‘‘(C) information including eligibility in- have not previously received a loan under erty; and formation about, and contact information this subsection. ‘‘(C) obtaining beneficial terms for any for, any conservation or renewable energy (5) MAXIMUM AMOUNT.—The aggregate out- mortgage or loan, or qualifying for a larger programs, grants, or loans offered by the standing principal amount from loans under mortgage or loan, secured by a residence Secretary of Housing and Urban Develop- this subsection to any single State or Indian which meets or will meet energy-efficiency ment, including the Energy Efficient Mort- tribe may not exceed $500,000,000. standards. gage Program; (6) LOAN TERMS.—Each loan under this sub- ‘‘(2) INFORMATION AND REFERRALS.—The in- ‘‘(D) information including eligibility in- section shall have a term to maturity of not formation made available to consumers formation about, and contact information more than 10 years and shall bear interest at under paragraph (1) may include— for, any conservation or renewable energy ‘‘(A) information on obtaining a home en- annual rate, determined by the Secretary, programs, grants, or loans offered for quali- ergy rating and contact information on that shall not exceed interest rate charged fied military personal, reservists, and vet- qualified energy raters in the area of the res- by the Federal Reserve Bank of New York to erans by the Secretary of Veterans Affairs; idence; commercial banks and other depository in- ‘‘(E) information about, and contact infor- ‘‘(B) information on the secondary market stitutions for very short-term loans under mation for, the Office of Efficiency and Re- guidelines that permit lenders to provide the primary credit program, as most renewable Energy at the Department of En- more favorable terms by allowing lenders to cently published in the Federal Reserve Sta- ergy, including the weatherization assist- increase the ratio on debt-to-income require- tistical Release on selected interest rates ance program; ments or to use the projected utility savings (daily or weekly), and commonly referred to ‘‘(F) information from, and contact infor- as a compensating factor; as the H.15 release, preceding the date of a mation for, the Federal Citizen Information ‘‘(C) information including eligibility in- determination for purposes of applying this Center of the General Services Administra- formation about, and contact information paragraph. tion on energy efficient mortgages and loans, for, any conservation or renewable energy (7) LOAN REPAYMENT.—The Secretary shall home energy rating systems, and the avail- programs, grants, or loans offered by the require full repayment of each loan made ability of energy efficient mortgage informa- Secretary of Housing and Urban Develop- under this section. tion from a variety of Federal agencies; and ment, including the Energy Efficient Mort- (d) INVESTMENT OF AMOUNTS.— ‘‘(G) such other information as the Board gage Program; (1) IN GENERAL.—The Secretary of the or the insured credit union may determine to ‘‘(D) information including eligibility in- Treasury shall invest such amounts in the be appropriate or useful.’’. Fund that are not, in the judgment of the formation about, and contact information Secretary of the Treasury, required to meet for, any conservation or renewable energy SEC. 625. PUBLIC HOUSING ENERGY COST RE- needs for current withdrawals. programs, grants, or loans offered for quali- PORT. fied military personal, reservists, and vet- (2) OBLIGATIONS OF UNITED STATES.—Invest- (a) COLLECTION OF INFORMATION BY HUD.— ments may be made only in interest-bearing erans by the Secretary of Veterans Affairs; The Secretary of Housing and Urban Devel- obligations of the United States. ‘‘(E) information about, and contact infor- opment shall obtain from each public hous- (e) REPORTS.— mation for, the Office of Efficiency and Re- ing agency, by such time as may be nec- (1) REPORTS TO SECRETARY.—For each year newable Energy at the Department of En- essary to comply with the reporting require- during the term of a loan made under sub- ergy, including the weatherization assist- ment under subsection (b), information re- section (c), the State or Indian tribe that re- ance program; garding the energy costs for public housing ceived the loan shall submit to the Secretary ‘‘(F) information about, and contact infor- administered or operated by the agency. For a report describing the State or tribal alter- mation for, the Energy Star Program of the each public housing agency, such informa- native energy sources program for which the Environmental Protection Agency; tion shall include the monthly energy costs loan was made and the activities conducted ‘‘(G) information from, and contact infor- associated with each separate building and under the program using the loan funds dur- mation for, the Federal Citizen Information development of the agency, for the most re- ing that year. Center of the General Services Administra- cently completed 12-month period for which (2) REPORT TO CONGRESS.—Not later than tion on energy efficient mortgages and loans, such information is available, and such other September 30 of each year that loans made home energy rating systems, and the avail- information as the Secretary determines is under subsection (c) are outstanding, the ability of energy efficient mortgage informa- appropriate in determining which public Secretary shall submit a report to the Con- tion from a variety of Federal agencies; and housing buildings and developments are gress describing the total amount of such ‘‘(H) such other information as the agen- most in need of repairs and improvements to loans provided under subsection (c) to each cies or the insured depository institution reduce energy needs and costs and become eligible State and Indian tribe during the fis- may determine to be appropriate or useful.’’. more energy efficient. cal year ending on such date, and an evalua- (b) INSURED CREDIT UNIONS.—Section 206 of tion on effectiveness of the Fund. the Federal Credit Union Act (12 U.S.C. 1786) (b) REPORT.—Not later than the expiration (f) AUTHORIZATION OF APPROPRIATIONS.— is amended by adding at the end the fol- of the 12-month period beginning on the date There is authorized to be appropriated to the lowing new subsection: of the enactment of this Act, the Secretary Fund $5,000,000,000. ‘‘(x) ‘GREEN BANKING’ CENTERS.— of Housing and Urban Development shall (g) DEFINITIONS.—For purposes of this sec- ‘‘(1) IN GENERAL.—The Board shall pre- submit a report to the Congress setting forth tion, the following definitions shall apply: scribe guidelines encouraging the establish- the information collected pursuant to sub- (1) INDIAN TRIBE.—The term ‘‘Indian tribe’’ ment and maintenance of ‘green banking’ section (a). has the meaning given such term in section centers by insured credit unions to provide 4 of the Native American Housing Assistance any member who seeks information on ob- TITLE VII—MISCELLANEOUS PROVISIONS and Self-Determination Act of 1996 (25 U.S.C. taining a mortgage, home improvement SEC. 701. ALTERNATIVE FUEL PUMPS. 4103). loan, or home equity loan with additional in- (2) STATE.—The term ‘‘State’’ means each formation on— (a) REQUIREMENT.—Not later than January of the several States, the Commonwealth of ‘‘(A) obtaining an home energy rating or 1, 2018, each retail automotive fueling sta- Puerto Rico, the District of Columbia, the audit for the residence for which such mort- tion owned by a major integrated oil com- Commonwealth of the Northern Mariana Is- gage or loan is sought; pany shall have at least 1 alternative fuel

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00069 Fmt 4634 Sfmt 0634 E:\CR\FM\A16SE7.026 H16SEPT1 jbell on PROD1PC69 with HOUSE H8200 CONGRESSIONAL RECORD — HOUSE September 16, 2008 pump (and necessary infrastructure and stor- (4) cellulosic biofuels can and should be cility for a taxable year means the credit de- age facilities) available to dispense for auto- produced from a highly diverse array of feed- termined under subsection (a) with respect motive purposes a fuel referred to in sub- stocks, allowing every region of the country to such facility for such taxable year, deter- paragraph (A), (B), (C), or (D) of subsection to be a potential producer of this fuel. mined without regard to subparagraph (A) (c)(2) . TITLE VIII—ENERGY TAX INCENTIVES and after taking into account any increase (b) PENALTY.—A major integrated oil com- for such taxable year under clause (ii). SEC. 800. SHORT TITLE, ETC. pany that has failed to comply with sub- ‘‘(C) APPLICABLE PERCENTAGE.—For pur- section (a) as of January 1 of any calendar (a) SHORT TITLE.—This title may be cited poses of this paragraph— as the ‘‘Energy Tax Incentives Act of 2008’’. year beginning with 2018 shall be liable for a ‘‘(i) IN GENERAL.—The term ‘applicable per- civil penalty in the amount of $100,000 for (b) REFERENCE.—Except as otherwise ex- centage’ means, with respect to any facility, each automotive fueling station owned by pressly provided, whenever in this title an the appropriate percentage prescribed by the such company that is not in compliance. Any amendment or repeal is expressed in terms of Secretary for the month in which such facil- such penalty may be assessed and collected an amendment to, or repeal of, a section or ity is originally placed in service. by the Secretary of Energy by order. The other provision, the reference shall be con- ‘‘(ii) METHOD OF PRESCRIBING APPLICABLE Secretary may bring an action in the appro- sidered to be made to a section or other pro- PERCENTAGE.—The applicable percentage pre- priate United States District court to revision of the Internal Revenue Code of 1986. scribed by the Secretary for any month quire the payment of civil penalties imposed Subtitle A—Energy Production Incentives under clause (i) shall be the percentage under this subsection, and such court shall PART 1—RENEWABLE ENERGY which yields over a 10-year period amounts have jurisdiction to enforce any order of the INCENTIVES of limitation under subparagraph (A) which Secretary under this subsection. have a present value equal to 35 percent of SEC. 801. RENEWABLE ENERGY CREDIT. (c) DEFINITIONS.—For purposes of this sec- the eligible basis of the facility. (a) EXTENSION OF CREDIT.— tion: ‘‘(iii) METHOD OF DISCOUNTING.—The (1) 1-YEAR EXTENSION FOR WIND FACILI- (1) The term ‘‘major integrated oil com- present value under clause (ii) shall be deter- TIES.—Paragraph (1) of section 45(d) is pany’’ has the meaning given that term in mined— section 167(h)(5)(B) of the Internal Revenue amended by striking ‘‘January 1, 2009’’ and ‘‘(I) as of the last day of the 1st year of the Code of 1986. inserting ‘‘January 1, 2010’’. 10-year period referred to in clause (ii), (2) The term ‘‘alternative fuel pump’’ (2) 3-YEAR EXTENSION FOR CERTAIN OTHER ‘‘(II) by using a discount rate equal to the means a fuel pump that dispenses as a fuel FACILITIES.—Each of the following provisions greater of 110 percent of the Federal long- for automotive purposes— of section 45(d) is amended by striking ‘‘Jan- term rate as in effect under section 1274(d) (A) natural gas; uary 1, 2009’’ and inserting ‘‘January 1, 2012’’: for the month preceding the month for which (B) any fuel at least 85 percent of the vol- (A) Clauses (i) and (ii) of paragraph (2)(A). the applicable percentage is being pre- ume of which consists of ethanol; (B) Clauses (i)(I) and (ii) of paragraph scribed, or 4.5 percent, and (C) any mixture of biodiesel and diesel or (3)(A). ‘‘(III) by taking into account the limita- renewable diesel (as defined in regulations (C) Paragraph (4). tion under subparagraph (A) for any year on under section 211(o) of the Clean Air Act), de- (D) Paragraph (5). the last day of such year. termined without regard to any use of ker- (E) Paragraph (6). ‘‘(D) ELIGIBLE BASIS.—For purposes of this osene and containing at least 20 percent bio- (F) Paragraph (7). paragraph— diesel or renewable diesel; or (G) Subparagraphs (A) and (B) of paragraph ‘‘(i) IN GENERAL.—The term ‘eligible basis’ (D) hydrogen. (9). means, with respect to any facility, the sum (d) REGULATIONS.—The Secretary of Energy (b) MODIFICATION OF CREDIT PHASEOUT.— of— shall promulgate such regulations as may be (1) REPEAL OF PHASEOUT.—Subsection (b) of ‘‘(I) the basis of such facility determined as necessary to carry out this section. section 45 is amended— of the time that such facility is originally (A) by striking paragraph (1), and SEC. 702. NATIONAL ENERGY CENTER OF EXCEL- placed in service, and LENCE. (B) by striking ‘‘the 8 cent amount in para- ‘‘(II) the portion of the basis of any shared (a) ESTABLISHMENT.—The Secretary of En- graph (1),’’ in paragraph (2) thereof. qualified property which is properly allo- ergy shall award a grant on a competitive (2) LIMITATION BASED ON INVESTMENT IN FA- cable to such facility under clause (ii). basis to one consortium of institutions of CILITY.—Subsection (b) of section 45 is ‘‘(ii) RULES FOR ALLOCATION.—For purposes higher education (as such term is defined in amended by inserting before paragraph (2) of subclause (II) of clause (i), the basis of section 102 of the Higher Education Act of the following new paragraph: shared qualified property shall be allocated 1965) for the establishment of a National En- ‘‘(1) LIMITATION BASED ON INVESTMENT IN among all qualified facilities which are pro- ergy Center of Excellence to conduct re- FACILITY.— jected to be placed in service and which research and education activities in geological ‘‘(A) IN GENERAL.—In the case of any quali- quire utilization of such property in propor- and geothermal sciences, renewable energy fied facility originally placed in service after tion to projected generation from such facili- and energy efficiency (including energy tech- December 31, 2009, the amount of the credit ties. nology using clean coal, solar, wind, oil, nat- determined under subsection (a) for any tax- ‘‘(iii) SHARED QUALIFIED PROPERTY.—For ural gas, hydroelectric, biofuels, ethanol, able year with respect to electricity pro- purposes of this paragraph, the term ‘shared and other energy alternatives), and energy duced at such facility shall not exceed the qualified property’ means, with respect to conservation, including a special emphasis product of— any facility, any property described in sec- on environmentally safe energy. ‘‘(i) the applicable percentage with respect tion 168(e)(3)(B)(vi)— (b) CONSORTIUM.—The consortium shall in- to such facility, multiplied by ‘‘(I) which a qualified facility will require clude at least two institutions of higher edu- ‘‘(ii) the eligible basis of such facility. for utilization of such facility, and cation, one of which must be eligible to re- ‘‘(B) CARRYFORWARD OF UNUSED LIMITATION ‘‘(II) which is not a qualified facility. ceive assistance under part A or B of title III AND EXCESS CREDIT.— ‘‘(iv) SPECIAL RULE RELATING TO GEO- or title V of the Higher Education Act of ‘‘(i) UNUSED LIMITATION.—If the limitation THERMAL FACILITIES.—In the case of any 1965. imposed under subparagraph (A) with respect qualified facility using geothermal energy to (c) AUTHORIZATION OF APPROPRIATIONS.— to any facility for any taxable year exceeds produce electricity, the basis of such facility There is authorized to be appropriated to the prelimitation credit for such facility for for purposes of this paragraph shall be deter- carry out this section $25,000,000 for each of such taxable year, the limitation imposed mined as though intangible drilling and de- the fiscal years 2009 through 2013. under subparagraph (A) with respect to such velopment costs described in section 263(c) SEC. 703. SENSE OF CONGRESS REGARDING RE- facility for the succeeding taxable year shall were capitalized rather than expensed. NEWABLE BIOMASS. be increased by the amount of such excess. ‘‘(E) SPECIAL RULE FOR FIRST AND LAST It is the sense of Congress that— ‘‘(ii) EXCESS CREDIT.—If the prelimitation YEAR OF CREDIT PERIOD.—In the case of any (1) in order to fulfill the commitment of credit with respect to any facility for any taxable year any portion of which is not the United States to energy security and taxable year exceeds the limitation imposed within the 10-year period described in sub- independence, the current definition of re- under subparagraph (A) with respect to such section (a)(2)(A)(ii) with respect to any facil- newable biomass in the Renewable Fuel facility for such taxable year, the credit de- ity, the amount of the limitation under sub- Standard (RFS) could be improved; termined under subsection (a) with respect paragraph (A) with respect to such facility (2) in order to meet the United States’ en- to such facility for the succeeding taxable shall be reduced by an amount which bears ergy challenges in an environmentally re- year (determined before the application of the same ratio to the amount of such limita- sponsible way, the RFS should be as inclu- subparagraph (A) for such succeeding taxable tion (determined without regard to this sub- sive as possible to better reflect the realities year) shall be increased by the amount of paragraph) as such portion of the taxable of our Nation’s resources, to encourage in- such excess. With respect to any facility, no year which is not within such period bears to vestment, and to help us meet the congres- amount may be carried forward under this the entire taxable year. sional mandate for advanced biofuels; clause to any taxable year beginning after ‘‘(F) ELECTION TO TREAT ALL FACILITIES (3) Congress recognizes that renewable the 10-year period described in subsection PLACED IN SERVICE IN A YEAR AS 1 FACILITY.— fuels are important to our climate and en- (a)(2)(A)(ii) with respect to such facility. At the election of the taxpayer, all qualified ergy security strategy, as well as the rural ‘‘(iii) PRELIMITATION CREDIT.—The term facilities which are part of the same project communities they support; and ‘prelimitation credit’ with respect to any fa- and which are originally placed in service

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during the same calendar year shall be treat- (4) TRASH FACILITY CLARIFICATION.—The (B) of section 38(c)(4) is amended by striking ed for purposes of this section as 1 facility amendments made by subsection (c) shall ‘‘and’’ at the end of clause (iii), by redesig- which is originally placed in service at the apply to electricity produced and sold after nating clauses (v) and (vi) as clauses (vi) and mid-point of such year or the first day of the the date of the enactment of this Act. (vii), respectively, and by inserting after following calendar year.’’. (5) EXPANSION OF BIOMASS FACILITIES.—The clause (iv) the following new clause: (c) TRASH FACILITY CLARIFICATION.—Para- amendments made by subsection (d) shall ‘‘(v) the credit determined under section 46 graph (7) of section 45(d) is amended— apply to property placed in service after the to the extent that such credit is attributable (1) by striking ‘‘facility which burns’’ and date of the enactment of this Act. to the energy credit determined under sec- inserting ‘‘facility (other than a facility de- SEC. 802. PRODUCTION CREDIT FOR ELEC- tion 48, and’’. scribed in paragraph (6)) which uses’’, and TRICITY PRODUCED FROM MARINE (c) ENERGY CREDIT FOR COMBINED HEAT AND (2) by striking ‘‘COMBUSTION’’. RENEWABLES. POWER SYSTEM PROPERTY.— (d) EXPANSION OF BIOMASS FACILITIES.— (a) IN GENERAL.—Paragraph (1) of section (1) IN GENERAL.—Section 48(a)(3)(A) (defin- (1) OPEN-LOOP BIOMASS FACILITIES.—Para- 45(c) is amended by striking ‘‘and’’ at the ing energy property) is amended by striking graph (3) of section 45(d) is amended by re- end of subparagraph (G), by striking the pe- ‘‘or’’ at the end of clause (iii), by inserting designating subparagraph (B) as subpara- riod at the end of subparagraph (H) and in- ‘‘or’’ at the end of clause (iv), and by adding graph (C) and by inserting after subpara- serting ‘‘, and’’, and by adding at the end the at the end the following new clause: graph (A) the following new subparagraph: following new subparagraph: ‘‘(v) combined heat and power system prop- ‘‘(B) EXPANSION OF FACILITY.—Such term ‘‘(I) marine and hydrokinetic renewable erty,’’. shall include a new unit placed in service energy.’’. (2) COMBINED HEAT AND POWER SYSTEM after the date of the enactment of this sub- (b) MARINE RENEWABLES.—Subsection (c) of PROPERTY.—Section 48 is amended by adding paragraph in connection with a facility de- section 45 is amended by adding at the end at the end the following new subsection: scribed in subparagraph (A), but only to the the following new paragraph: ‘‘(d) COMBINED HEAT AND POWER SYSTEM extent of the increased amount of electricity ‘‘(10) MARINE AND HYDROKINETIC RENEWABLE PROPERTY.—For purposes of subsection produced at the facility by reason of such ENERGY.— (a)(3)(A)(v)— new unit.’’. ‘‘(A) IN GENERAL.—The term ‘marine and ‘‘(1) COMBINED HEAT AND POWER SYSTEM (2) CLOSED-LOOP BIOMASS FACILITIES.—Para- hydrokinetic renewable energy’ means en- PROPERTY.—The term ‘combined heat and graph (2) of section 45(d) is amended by re- ergy derived from— power system property’ means property com- designating subparagraph (B) as subpara- ‘‘(i) waves, tides, and currents in oceans, prising a system— graph (C) and inserting after subparagraph estuaries, and tidal areas, ‘‘(A) which uses the same energy source for (A) the following new subparagraph: ‘‘(ii) free flowing water in rivers, lakes, and the simultaneous or sequential generation of ‘‘(B) EXPANSION OF FACILITY.—Such term streams, electrical power, mechanical shaft power, or shall include a new unit placed in service ‘‘(iii) free flowing water in an irrigation both, in combination with the generation of after the date of the enactment of this sub- system, canal, or other man-made channel, steam or other forms of useful thermal en- paragraph in connection with a facility de- including projects that utilize nonmechan- ergy (including heating and cooling applica- scribed in subparagraph (A)(i), but only to ical structures to accelerate the flow of tions), the extent of the increased amount of elec- water for electric power production purposes, ‘‘(B) which produces— tricity produced at the facility by reason of or ‘‘(i) at least 20 percent of its total useful such new unit.’’. ‘‘(iv) differentials in ocean temperature energy in the form of thermal energy which (e) MODIFICATION OF RULES FOR HYDRO- (ocean thermal energy conversion). is not used to produce electrical or mechan- POWER PRODUCTION.—Subparagraph (C) of ‘‘(B) EXCEPTIONS.—Such term shall not in- ical power (or combination thereof), and section 45(c)(8) is amended to read as follows: clude any energy which is derived from any ‘‘(ii) at least 20 percent of its total useful ‘‘(C) NONHYDROELECTRIC DAM.—For pur- source which utilizes a dam, diversionary energy in the form of electrical or mechan- poses of subparagraph (A), a facility is de- structure (except as provided in subpara- ical power (or combination thereof), scribed in this subparagraph if— graph (A)(iii)), or impoundment for electric ‘‘(C) the energy efficiency percentage of ‘‘(i) the hydroelectric project installed on power production purposes.’’. the nonhydroelectric dam is licensed by the (c) DEFINITION OF FACILITY.—Subsection (d) which exceeds 60 percent, and Federal Energy Regulatory Commission and of section 45 is amended by adding at the end ‘‘(D) which is placed in service before Janu- meets all other applicable environmental, li- the following new paragraph: ary 1, 2017. censing, and regulatory requirements, ‘‘(11) MARINE AND HYDROKINETIC RENEWABLE ‘‘(2) LIMITATION.— ‘‘(ii) the nonhydroelectric dam was placed ENERGY FACILITIES.—In the case of a facility ‘‘(A) IN GENERAL.—In the case of combined in service before the date of the enactment producing electricity from marine and heat and power system property with an of this paragraph and operated for flood con- hydrokinetic renewable energy, the term electrical capacity in excess of the applica- trol, navigation, or water supply purposes ‘qualified facility’ means any facility owned ble capacity placed in service during the tax- and did not produce hydroelectric power on by the taxpayer— able year, the credit under subsection (a)(1) the date of the enactment of this paragraph, ‘‘(A) which has a nameplate capacity rat- (determined without regard to this para- and ing of at least 150 kilowatts, and graph) for such year shall be equal to the ‘‘(iii) the hydroelectric project is operated ‘‘(B) which is originally placed in service amount which bears the same ratio to such so that the water surface elevation at any on or after the date of the enactment of this credit as the applicable capacity bears to the given location and time that would have oc- paragraph and before January 1, 2012.’’. capacity of such property. curred in the absence of the hydroelectric (d) CREDIT RATE.—Subparagraph (A) of sec- ‘‘(B) APPLICABLE CAPACITY.—For purposes project is maintained, subject to any license tion 45(b)(4) is amended by striking ‘‘or (9)’’ of subparagraph (A), the term ‘applicable ca- requirements imposed under applicable law and inserting ‘‘(9), or (11)’’. pacity’ means 15 megawatts or a mechanical that change the water surface elevation for (e) COORDINATION WITH SMALL IRRIGATION energy capacity of more than 20,000 horse- the purpose of improving environmental POWER.—Paragraph (5) of section 45(d), as power or an equivalent combination of elec- quality of the affected waterway. amended by section 801, is amended by strik- trical and mechanical energy capacities. The Secretary, in consultation with the Fed- ing ‘‘January 1, 2012’’ and inserting ‘‘the date ‘‘(C) MAXIMUM CAPACITY.—The term ‘com- eral Energy Regulatory Commission, shall of the enactment of paragraph (11)’’. bined heat and power system property’ shall certify if a hydroelectric project licensed at (f) EFFECTIVE DATE.—The amendments not include any property comprising a sys- a nonhydroelectric dam meets the criteria in made by this section shall apply to elec- tem if such system has a capacity in excess clause (iii). Nothing in this section shall af- tricity produced and sold after the date of of 50 megawatts or a mechanical energy ca- fect the standards under which the Federal the enactment of this Act, in taxable years pacity in excess of 67,000 horsepower or an Energy Regulatory Commission issues li- ending after such date. equivalent combination of electrical and me- censes for and regulates hydropower projects SEC. 803. ENERGY CREDIT. chanical energy capacities. under part I of the Federal Power Act.’’. (a) EXTENSION OF CREDIT.— ‘‘(3) SPECIAL RULES.— (f) EFFECTIVE DATE.— (1) SOLAR ENERGY PROPERTY.—Paragraphs ‘‘(A) ENERGY EFFICIENCY PERCENTAGE.—For (1) IN GENERAL.—Except as otherwise pro- (2)(A)(i)(II) and (3)(A)(ii) of section 48(a) are purposes of this subsection, the energy effi- vided in this subsection, the amendments each amended by striking ‘‘January 1, 2009’’ ciency percentage of a system is the frac- made by this section shall apply to property and inserting ‘‘January 1, 2017’’. tion— originally placed in service after December (2) FUEL CELL PROPERTY.—Subparagraph ‘‘(i) the numerator of which is the total 31, 2008. (E) of section 48(c)(1) is amended by striking useful electrical, thermal, and mechanical (2) REPEAL OF CREDIT PHASEOUT.—The ‘‘December 31, 2008’’ and inserting ‘‘Decem- power produced by the system at normal op- amendments made by subsection (b)(1) shall ber 31, 2016’’. erating rates, and expected to be consumed apply to taxable years ending after Decem- (3) MICROTURBINE PROPERTY.—Subpara- in its normal application, and ber 31, 2008. graph (E) of section 48(c)(2) is amended by ‘‘(ii) the denominator of which is the lower (3) LIMITATION BASED ON INVESTMENT IN FA- striking ‘‘December 31, 2008’’ and inserting heating value of the fuel sources for the sys- CILITY.—The amendment made by subsection ‘‘December 31, 2016’’. tem. (b)(2) shall apply to property originally (b) ALLOWANCE OF ENERGY CREDIT AGAINST ‘‘(B) DETERMINATIONS MADE ON BTU BASIS.— placed in service after December 31, 2009. ALTERNATIVE MINIMUM TAX.—Subparagraph The energy efficiency percentage and the

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00071 Fmt 4634 Sfmt 0634 E:\CR\FM\A16SE7.026 H16SEPT1 jbell on PROD1PC69 with HOUSE H8202 CONGRESSIONAL RECORD — HOUSE September 16, 2008 percentages under paragraph (1)(B) shall be graph (3) and inserting ‘‘, and’’, and by add- thermal energy sink to cool such dwelling determined on a Btu basis. ing at the end the following new paragraph: unit, and ‘‘(C) INPUT AND OUTPUT PROPERTY NOT IN- ‘‘(4) 30 percent of the qualified small wind ‘‘(ii) meets the requirements of the Energy CLUDED.—The term ‘combined heat and energy property expenditures made by the Star program which are in effect at the time power system property’ does not include taxpayer during such year.’’. that the expenditure for such equipment is property used to transport the energy source (2) LIMITATION.—Section 25D(b)(1) is made.’’. to the facility or to distribute energy pro- amended by striking ‘‘and’’ at the end of sub- (4) MAXIMUM EXPENDITURES IN CASE OF duced by the facility. paragraph (B), by striking the period at the JOINT OCCUPANCY.—Section 25D(e)(4)(A), as ‘‘(4) SYSTEMS USING BIOMASS.—If a system end of subparagraph (C) and inserting ‘‘, amended by subsection (c), is amended by is designed to use biomass (within the mean- and’’, and by adding at the end the following striking ‘‘and’’ at the end of clause (iii), by ing of paragraphs (2) and (3) of section 45(c) new subparagraph: striking the period at the end of clause (iv) without regard to the last sentence of para- ‘‘(D) $500 with respect to each half kilowatt and inserting ‘‘, and’’, and by adding at the graph (3)(A)) for at least 90 percent of the en- of capacity (not to exceed $4,000) of wind tur- end the following new clause: ergy source— bines for which qualified small wind energy ‘‘(v) $6,667 in the case of any qualified geo- ‘‘(A) paragraph (1)(C) shall not apply, but property expenditures are made.’’. thermal heat pump property expenditures.’’. (3) QUALIFIED SMALL WIND ENERGY PROP- ‘‘(B) the amount of credit determined (e) CREDIT ALLOWED AGAINST ALTERNATIVE ERTY EXPENDITURES.— under subsection (a) with respect to such MINIMUM TAX.— (A) IN GENERAL.—Section 25D(d) is amend- system shall not exceed the amount which (1) IN GENERAL.—Subsection (c) of section ed by adding at the end the following new bears the same ratio to such amount of cred- 25D is amended to read as follows: it (determined without regard to this para- paragraph: ‘‘(c) LIMITATION BASED ON AMOUNT OF TAX; graph) as the energy efficiency percentage of ‘‘(4) QUALIFIED SMALL WIND ENERGY PROP- CARRYFORWARD OF UNUSED CREDIT.— such system bears to 60 percent.’’. ERTY EXPENDITURE.—The term ‘qualified ‘‘(1) LIMITATION BASED ON AMOUNT OF TAX.— (d) INCREASE OF CREDIT LIMITATION FOR small wind energy property expenditure’ In the case of a taxable year to which section FUEL CELL PROPERTY.—Subparagraph (B) of means an expenditure for property which section 48(c)(1) is amended by striking ‘‘$500’’ uses a wind turbine to generate electricity 26(a)(2) does not apply, the credit allowed and inserting ‘‘$1,500’’. for use in connection with a dwelling unit lo- under subsection (a) for the taxable year (e) PUBLIC UTILITY PROPERTY TAKEN INTO cated in the United States and used as a resi- shall not exceed the excess of— ACCOUNT.— dence by the taxpayer.’’. ‘‘(A) the sum of the regular tax liability (1) IN GENERAL.—Paragraph (3) of section (B) NO DOUBLE BENEFIT.—Section 45(d)(1) is (as defined in section 26(b)) plus the tax im- 48(a) is amended by striking the second sen- amended by adding at the end the following posed by section 55, over tence thereof. new sentence: ‘‘Such term shall not include ‘‘(B) the sum of the credits allowable under (2) CONFORMING AMENDMENTS.— any facility with respect to which any quali- this subpart (other than this section) and (A) Paragraph (1) of section 48(c) is amend- fied small wind energy property expenditure section 27 for the taxable year. ed by striking subparagraph (D) and redesig- (as defined in subsection (d)(4) of section ‘‘(2) CARRYFORWARD OF UNUSED CREDIT.— nating subparagraph (E) as subparagraph 25D) is taken into account in determining ‘‘(A) RULE FOR YEARS IN WHICH ALL PER- (D). the credit under such section.’’. SONAL CREDITS ALLOWED AGAINST REGULAR (B) Paragraph (2) of section 48(c) is amend- (4) MAXIMUM EXPENDITURES IN CASE OF AND ALTERNATIVE MINIMUM TAX.—In the case ed by striking subparagraph (D) and redesig- JOINT OCCUPANCY.—Section 25D(e)(4)(A) is of a taxable year to which section 26(a)(2) ap- nating subparagraph (E) as subparagraph amended by striking ‘‘and’’ at the end of plies, if the credit allowable under sub- (D). clause (ii), by striking the period at the end section (a) exceeds the limitation imposed by (f) EFFECTIVE DATE.— of clause (iii) and inserting ‘‘, and’’, and by section 26(a)(2) for such taxable year reduced (1) IN GENERAL.—Except as otherwise pro- adding at the end the following new clause: by the sum of the credits allowable under vided in this subsection, the amendments ‘‘(iv) $1,667 in the case of each half kilo- this subpart (other than this section), such made by this section shall take effect on the watt of capacity (not to exceed $13,333) of excess shall be carried to the succeeding tax- date of the enactment of this Act. wind turbines for which qualified small wind able year and added to the credit allowable (2) ALLOWANCE AGAINST ALTERNATIVE MIN- energy property expenditures are made.’’. under subsection (a) for such succeeding tax- IMUM TAX.—The amendments made by sub- (d) CREDIT FOR GEOTHERMAL HEAT PUMP able year. section (b) shall apply to credits determined SYSTEMS.— ‘‘(B) RULE FOR OTHER YEARS.—In the case under section 46 of the Internal Revenue (1) IN GENERAL.—Section 25D(a), as amend- of a taxable year to which section 26(a)(2) Code of 1986 in taxable years beginning after ed by subsection (c), is amended by striking does not apply, if the credit allowable under the date of the enactment of this Act and to ‘‘and’’ at the end of paragraph (3), by strik- subsection (a) exceeds the limitation im- carrybacks of such credits. ing the period at the end of paragraph (4) and posed by paragraph (1) for such taxable year, (3) COMBINED HEAT AND POWER AND FUEL inserting ‘‘, and’’, and by adding at the end such excess shall be carried to the suc- CELL PROPERTY.—The amendments made by the following new paragraph: ceeding taxable year and added to the credit subsections (c) and (d) shall apply to periods ‘‘(5) 30 percent of the qualified geothermal allowable under subsection (a) for such suc- after the date of the enactment of this Act, heat pump property expenditures made by ceeding taxable year.’’. in taxable years ending after such date, the taxpayer during such year.’’. (2) CONFORMING AMENDMENTS.— under rules similar to the rules of section (2) LIMITATION.—Section 25D(b)(1), as (A) Section 23(b)(4)(B) is amended by in- 48(m) of the Internal Revenue Code of 1986 amended by subsection (c), is amended by serting ‘‘and section 25D’’ after ‘‘this sec- (as in effect on the day before the date of the striking ‘‘and’’ at the end of subparagraph tion’’. enactment of the Revenue Reconciliation (C), by striking the period at the end of sub- (B) Section 24(b)(3)(B) is amended by strik- Act of 1990). paragraph (D) and inserting ‘‘, and’’, and by ing ‘‘and 25B’’ and inserting ‘‘, 25B, and 25D’’. (4) PUBLIC UTILITY PROPERTY.—The amend- adding at the end the following new subpara- (C) Section 25B(g)(2) is amended by strik- ments made by subsection (e) shall apply to graph: ing ‘‘section 23’’ and inserting ‘‘sections 23 periods after February 13, 2008, in taxable ‘‘(E) $2,000 with respect to any qualified and 25D’’. years ending after such date, under rules geothermal heat pump property expendi- (D) Section 26(a)(1) is amended by striking similar to the rules of section 48(m) of the tures.’’. ‘‘and 25B’’ and inserting ‘‘25B, and 25D’’. (3) QUALIFIED GEOTHERMAL HEAT PUMP Internal Revenue Code of 1986 (as in effect on (f) EFFECTIVE DATE.— PROPERTY EXPENDITURE.—Section 25D(d), as the day before the date of the enactment of (1) IN GENERAL.—The amendments made by amended by subsection (c), is amended by the Revenue Reconciliation Act of 1990). this section shall apply to taxable years be- adding at the end the following new para- SEC. 804. CREDIT FOR RESIDENTIAL ENERGY EF- ginning after December 31, 2007. graph: FICIENT PROPERTY. (2) APPLICATION OF EGTRRA SUNSET.—The ‘‘(5) QUALIFIED GEOTHERMAL HEAT PUMP (a) EXTENSION.—Section 25D(g) is amended amendments made by subparagraphs (A) and PROPERTY EXPENDITURE.— by striking ‘‘December 31, 2008’’ and insert- (B) of subsection (e)(2) shall be subject to ‘‘(A) IN GENERAL.—The term ‘qualified geo- ing ‘‘December 31, 2016’’. title IX of the Economic Growth and Tax Re- thermal heat pump property expenditure’ (b) MAXIMUM CREDIT FOR SOLAR ELECTRIC lief Reconciliation Act of 2001 in the same means an expenditure for qualified geo- PROPERTY.— manner as the provisions of such Act to thermal heat pump property installed on or (1) IN GENERAL.—Section 25D(b)(1)(A) is which such amendments relate. amended by striking ‘‘$2,000’’ and inserting in connection with a dwelling unit located in ‘‘$4,000’’. the United States and used as a residence by SEC. 805. SPECIAL RULE TO IMPLEMENT FERC (2) CONFORMING AMENDMENT.—Section the taxpayer. AND STATE ELECTRIC RESTRUC- 25D(e)(4)(A)(i) is amended by striking ‘‘(B) QUALIFIED GEOTHERMAL HEAT PUMP TURING POLICY. ‘‘$6,667’’ and inserting ‘‘$13,333’’. PROPERTY.—The term ‘qualified geothermal (a) EXTENSION FOR QUALIFIED ELECTRIC (c) CREDIT FOR RESIDENTIAL WIND PROP- heat pump property’ means any equipment UTILITIES.— ERTY.— which— (1) IN GENERAL.—Paragraph (3) of section (1) IN GENERAL.—Section 25D(a) is amended ‘‘(i) uses the ground or ground water as a 451(i) is amended by inserting ‘‘(before Janu- by striking ‘‘and’’ at the end of paragraph thermal energy source to heat the dwelling ary 1, 2010, in the case of a qualified electric (2), by striking the period at the end of para- unit referred to in subparagraph (A) or as a utility)’’ after ‘‘January 1, 2008’’.

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(2) QUALIFIED ELECTRIC UTILITY.—Sub- $1,750,000,000 which shall be allocated by the ‘‘(C) QUALIFIED PURPOSE.—For purposes of section (i) of section 451 is amended by redes- Secretary as provided in paragraph (3), ex- this paragraph, the term ‘qualified purpose’ ignating paragraphs (6) through (10) as para- cept that— means— graphs (7) through (11), respectively, and by ‘‘(A) not more than 331⁄3 percent thereof ‘‘(i) in the case of a qualified forestry con- inserting after paragraph (5) the following may be allocated to qualified projects of pub- servation bond, a purpose specified in section new paragraph: lic power providers, 54B(e), and ‘‘(6) QUALIFIED ELECTRIC UTILITY.—For pur- ‘‘(B) not more than 331⁄3 percent thereof ‘‘(ii) in the case of a new clean renewable poses of this subsection, the term ‘qualified may be allocated to qualified projects of gov- energy bond, a purpose specified in section electric utility’ means a person that, as of ernmental bodies, and 54C(a)(1).’’. the date of the qualifying electric trans- ‘‘(C) not more than 331⁄3 percent thereof (3) The table of sections for subpart I of mission transaction, is vertically integrated, may be allocated to qualified projects of co- part IV of subchapter A of chapter 1 is in that it is both— operative electric companies. amended by adding at the end the following ‘‘(A) a transmitting utility (as defined in ‘‘(3) METHOD OF ALLOCATION.— new item: section 3(23) of the Federal Power Act (16 ‘‘(A) ALLOCATION AMONG PUBLIC POWER PRO- ‘‘Sec. 54C. New clean renewable energy U.S.C. 796(23))) with respect to the trans- VIDERS.—After the Secretary determines the bonds.’’. mission facilities to which the election qualified projects of public power providers (c) APPLICATION OF CERTAIN LABOR STAND- under this subsection applies, and which are appropriate for receiving an allo- ARDS ON PROJECTS FINANCED UNDER TAX ‘‘(B) an electric utility (as defined in sec- cation of the national new clean renewable CREDIT BONDS.—Subchapter IV of chapter 31 tion 3(22) of the Federal Power Act (16 U.S.C. energy bond limitation, the Secretary shall, of title 40, United States Code, shall apply to 796(22))).’’. to the maximum extent practicable, make projects financed with the proceeds of any (b) EXTENSION OF PERIOD FOR TRANSFER OF allocations among such projects in such tax credit bond (as defined in section 54A of OPERATIONAL CONTROL AUTHORIZED BY manner that the amount allocated to each the Internal Revenue Code of 1986) other FERC.—Clause (ii) of section 451(i)(4)(B) is such project bears the same ratio to the cost than qualified forestry conservation bonds of such project as the limitation under para- amended by striking ‘‘December 31, 2007’’ and (as defined in section 54B of such Code). graph (2)(A) bears to the cost of all such inserting ‘‘the date which is 4 years after the (d) EFFECTIVE DATE.—The amendments close of the taxable year in which the trans- projects. made by this section shall apply to obliga- action occurs’’. ‘‘(B) ALLOCATION AMONG GOVERNMENTAL tions issued after the date of the enactment BODIES AND COOPERATIVE ELECTRIC COMPA- (c) PROPERTY LOCATED OUTSIDE THE UNITED of this Act. STATES NOT TREATED AS EXEMPT UTILITY NIES.—The Secretary shall make allocations of the amount of the national new clean re- PART 2—CARBON MITIGATION PROPERTY.—Paragraph (5) of section 451(i) is PROVISIONS amended by adding at the end the following newable energy bond limitation described in new subparagraph: paragraphs (2)(B) and (2)(C) among qualified SEC. 811. EXPANSION AND MODIFICATION OF AD- projects of governmental bodies and coopera- VANCED COAL PROJECT INVEST- ‘‘(C) EXCEPTION FOR PROPERTY LOCATED tive electric companies, respectively, in such MENT CREDIT. OUTSIDE THE UNITED STATES.—The term ‘ex- manner as the Secretary determines appro- (a) MODIFICATION OF CREDIT AMOUNT.—Sec- empt utility property’ shall not include any tion 48A(a) is amended by striking ‘‘and’’ at property which is located outside the United priate. ‘‘(d) DEFINITIONS.—For purposes of this sec- the end of paragraph (1), by striking the pe- States.’’. tion— riod at the end of paragraph (2) and inserting (d) EFFECTIVE DATES.— ‘‘(1) QUALIFIED RENEWABLE ENERGY FACIL- ‘‘, and’’, and by adding at the end the fol- (1) EXTENSION.—The amendments made by ITY.—The term ‘qualified renewable energy lowing new paragraph: subsection (a) shall apply to transactions facility’ means a qualified facility (as deter- ‘‘(3) 30 percent of the qualified investment after December 31, 2007. mined under section 45(d) without regard to for such taxable year in the case of projects (2) TRANSFERS OF OPERATIONAL CONTROL.— paragraphs (8) and (10) thereof and to any described in clause (iii) of subsection The amendment made by subsection (b) shall placed in service date) owned by a public (d)(3)(B).’’. take effect as if included in section 909 of the power provider, a governmental body, or a (b) EXPANSION OF AGGREGATE CREDITS.— American Jobs Creation Act of 2004. cooperative electric company. Section 48A(d)(3)(A) is amended by striking (3) EXCEPTION FOR PROPERTY LOCATED OUT- ‘‘(2) PUBLIC POWER PROVIDER.—The term ‘‘$1,300,000,000’’ and inserting ‘‘$2,250,000,000’’. SIDE THE UNITED STATES.—The amendment ‘public power provider’ means a State utility (c) AUTHORIZATION OF ADDITIONAL made by subsection (c) shall apply to trans- with a service obligation, as such terms are PROJECTS.— actions after the date of the enactment of defined in section 217 of the Federal Power (1) IN GENERAL.—Subparagraph (B) of sec- this Act. Act (as in effect on the date of the enact- tion 48A(d)(3) is amended to read as follows: SEC. 806. NEW CLEAN RENEWABLE ENERGY ment of this paragraph). ‘‘(B) PARTICULAR PROJECTS.—Of the dollar BONDS. ‘‘(3) GOVERNMENTAL BODY.—The term ‘gov- amount in subparagraph (A), the Secretary (a) IN GENERAL.—Subpart I of part IV of ernmental body’ means any State or Indian is authorized to certify— subchapter A of chapter 1 is amended by add- tribal government, or any political subdivi- ‘‘(i) $800,000,000 for integrated gasification ing at the end the following new section: sion thereof. combined cycle projects the application for ‘‘SEC. 54C. NEW CLEAN RENEWABLE ENERGY ‘‘(4) COOPERATIVE ELECTRIC COMPANY.—The which is submitted during the period de- BONDS. term ‘cooperative electric company’ means a scribed in paragraph (2)(A)(i), ‘‘(a) NEW CLEAN RENEWABLE ENERGY mutual or cooperative electric company de- ‘‘(ii) $500,000,000 for projects which use BOND.—For purposes of this subpart, the scribed in section 501(c)(12) or section other advanced coal-based generation tech- term ‘new clean renewable energy bond’ 1381(a)(2)(C). nologies the application for which is sub- means any bond issued as part of an issue ‘‘(5) CLEAN RENEWABLE ENERGY BOND LEND- mitted during the period described in para- if— ER.—The term ‘clean renewable energy bond graph (2)(A)(i), and ‘‘(1) 100 percent of the available project lender’ means a lender which is a cooperative ‘‘(iii) $950,000,000 for advanced coal-based proceeds of such issue are to be used for cap- which is owned by, or has outstanding loans generation technology projects the applica- ital expenditures incurred by public power to, 100 or more cooperative electric compa- tion for which is submitted during the period providers or cooperative electric companies nies and is in existence on February 1, 2002, described in paragraph (2)(A)(ii).’’. for one or more qualified renewable energy and shall include any affiliated entity which (2) APPLICATION PERIOD FOR ADDITIONAL facilities, is controlled by such lender. PROJECTS.—Subparagraph (A) of section ‘‘(2) the bond is issued by a qualified issuer, ‘‘(6) QUALIFIED ISSUER.—The term ‘quali- 48A(d)(2) is amended to read as follows: and fied issuer’ means a public power provider, a ‘‘(A) APPLICATION PERIOD.—Each applicant ‘‘(3) the issuer designates such bond for cooperative electric company, a govern- for certification under this paragraph shall purposes of this section. mental body, a clean renewable energy bond submit an application meeting the require- ‘‘(b) REDUCED CREDIT AMOUNT.—The annual lender, or a not-for-profit electric utility ments of subparagraph (B). An applicant credit determined under section 54A(b) with which has received a loan or loan guarantee may only submit an application— respect to any new clean renewable energy under the Rural Electrification Act.’’. ‘‘(i) for an allocation from the dollar bond shall be 70 percent of the amount so de- (b) CONFORMING AMENDMENTS.— amount specified in clause (i) or (ii) of para- termined without regard to this subsection. (1) Paragraph (1) of section 54A(d) is graph (3)(B) during the 3-year period begin- ‘‘(c) LIMITATION ON AMOUNT OF BONDS DES- amended to read as follows: ning on the date the Secretary establishes IGNATED.— ‘‘(1) QUALIFIED TAX CREDIT BOND.—The term the program under paragraph (1), and ‘‘(1) IN GENERAL.—The maximum aggregate ‘qualified tax credit bond’ means— ‘‘(ii) for an allocation from the dollar face amount of bonds which may be des- ‘‘(A) a qualified forestry conservation amount specified in paragraph (3)(B)(iii) dur- ignated under subsection (a) by any issuer bond, or ing the 3-year period beginning at the earlier shall not exceed the limitation amount allo- ‘‘(B) a new clean renewable energy bond, of the termination of the period described in cated under this subsection to such issuer. which is part of an issue that meets require- clause (i) or the date prescribed by the Sec- ‘‘(2) NATIONAL LIMITATION ON AMOUNT OF ments of paragraphs (2), (3), (4), (5), and (6).’’. retary.’’. BONDS DESIGNATED.—There is a national new (2) Subparagraph (C) of section 54A(d)(2) is (3) CAPTURE AND SEQUESTRATION OF CARBON clean renewable energy bond limitation of amended to read as follows: DIOXIDE EMISSIONS REQUIREMENT.—

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(A) IN GENERAL.—Section 48A(e)(1) is ‘‘shall not exceed $350,000,000’’ and all that a judgment described in clause (iii), such amended by striking ‘‘and’’ at the end of sub- follows and inserting ‘‘shall not exceed— coal producer shall be deemed to have estab- paragraph (E), by striking the period at the ‘‘(A) $350,000,000, plus lished the export of coal to a foreign country end of subparagraph (F) and inserting ‘‘; ‘‘(B) $150,000,000 for qualifying gasification or shipment of coal to a possession of the and’’, and by adding at the end the following projects that include equipment which sepa- United States under subparagraph (A)(i). new subparagraph: rates and sequesters at least 75 percent of (ii) AMOUNT OF PAYMENT.—If a taxpayer de- ‘‘(G) in the case of any project the applica- such project’s total carbon dioxide emis- scribed in clause (i) is entitled to a payment tion for which is submitted during the period sions.’’. under subparagraph (A), the amount of such described in subsection (d)(2)(A)(ii), the (c) RECAPTURE OF CREDIT FOR FAILURE TO payment shall be reduced by any amount project includes equipment which separates SEQUESTER.—Section 48B is amended by add- paid pursuant to the judgment described in and sequesters at least 65 percent (70 percent ing at the end the following new subsection: clause (iii). in the case of an application for reallocated ‘‘(f) RECAPTURE OF CREDIT FOR FAILURE TO (iii) JUDGMENT DESCRIBED.—A judgment is credits under subsection (d)(4)) of such SEQUESTER.—The Secretary shall provide for described in this subparagraph if such judg- project’s total carbon dioxide emissions.’’. recapturing the benefit of any credit allow- ment— (B) HIGHEST PRIORITY FOR PROJECTS WHICH able under subsection (a) with respect to any (I) is made by a court of competent juris- SEQUESTER CARBON DIOXIDE EMISSIONS.—Sec- project which fails to attain or maintain the diction within the United States, tion 48A(e)(3) is amended by striking ‘‘and’’ separation and sequestration requirements (II) relates to the constitutionality of any at the end of subparagraph (A)(iii), by strik- for such project under subsection (d)(1).’’. tax paid on exported coal under section 4121 ing the period at the end of subparagraph (d) SELECTION PRIORITIES.—Section 48B(d) of the Internal Revenue Code of 1986, and (B)(iii) and inserting ‘‘, and’’, and by adding is amended by adding at the end the fol- (III) is in favor of the coal producer or the at the end the following new subparagraph: lowing new paragraph: party related to the coal producer. ‘‘(C) give highest priority to projects with ‘‘(4) SELECTION PRIORITIES.—In determining (2) EXPORTERS.—Notwithstanding sub- the greatest separation and sequestration which qualifying gasification projects to cer- sections (a)(1) and (c) of section 6416 and sec- percentage of total carbon dioxide emis- tify under this section, the Secretary shall— tion 6511 of the Internal Revenue Code of sions.’’. ‘‘(A) give highest priority to projects with 1986, and a judgment described in paragraph (C) RECAPTURE OF CREDIT FOR FAILURE TO the greatest separation and sequestration (1)(B)(iii) of this subsection, if— SEQUESTER.—Section 48A is amended by add- percentage of total carbon dioxide emissions, (A) an exporter establishes that such ex- ing at the end the following new subsection: and porter exported coal to a foreign country or ‘‘(i) RECAPTURE OF CREDIT FOR FAILURE TO ‘‘(B) give high priority to applicant par- shipped coal to a possession of the United SEQUESTER.—The Secretary shall provide for ticipants who have a research partnership States, or caused such coal to be so exported recapturing the benefit of any credit allow- with an eligible educational institution (as or shipped, able under subsection (a) with respect to any defined in section 529(e)(5)).’’. (B) such exporter filed a tax return on or project which fails to attain or maintain the (e) EFFECTIVE DATE.—The amendments after October 1, 1990, and on or before the separation and sequestration requirements made by this section shall apply to credits date of the enactment of this Act, and of subsection (e)(1)(G).’’. described in section 48B(d)(1)(B) of the Inter- (C) such exporter files a claim for refund (4) ADDITIONAL PRIORITY FOR RESEARCH nal Revenue Code of 1986 which are allocated with the Secretary not later than the close PARTNERSHIPS.—Section 48A(e)(3)(B), as or reallocated after the date of the enact- of the 30-day period beginning on the date of amended by paragraph (3)(B), is amended— ment of this Act. the enactment of this Act, (A) by striking ‘‘and’’ at the end of clause SEC. 813. TEMPORARY INCREASE IN COAL EXCISE then the Secretary shall pay to such ex- (ii), TAX. porter an amount equal to $0.825 per ton of (B) by redesignating clause (iii) as clause Paragraph (2) of section 4121(e) is amend- such coal exported by the exporter or caused (iv), and ed— to be exported or shipped, or caused to be ex- (C) by inserting after clause (ii) the fol- (1) by striking ‘‘January 1, 2014’’ in sub- ported or shipped, by the exporter. lowing new clause: paragraph (A) and inserting ‘‘December 31, (b) LIMITATIONS.—Subsection (a) shall not ‘‘(iii) applicant participants who have a re- 2018’’, and apply with respect to exported coal if a set- search partnership with an eligible edu- (2) by striking ‘‘January 1 after 1981’’ in tlement with the Federal Government has cational institution (as defined in section subparagraph (B) and inserting ‘‘December 31 been made with and accepted by, the coal 529(e)(5)), and’’. after 2007’’. producer, a party related to such coal pro- (5) CLERICAL AMENDMENT.—Section SEC. 814. SPECIAL RULES FOR REFUND OF THE ducer, or the exporter, of such coal, as of the 48A(e)(3) is amended by striking ‘‘INTE- COAL EXCISE TAX TO CERTAIN COAL date that the claim is filed under this sec- GRATED GASIFICATION COMBINED CYCLE’’ in the PRODUCERS AND EXPORTERS. tion with respect to such exported coal. For heading and inserting ‘‘CERTAIN’’. (a) REFUND.— purposes of this subsection, the term ‘‘settle- (d) DISCLOSURE OF ALLOCATIONS.—Section (1) COAL PRODUCERS.— ment with the Federal Government’’ shall 48A(d) is amended by adding at the end the (A) IN GENERAL.—Notwithstanding sub- not include any settlement or stipulation en- following new paragraph: sections (a)(1) and (c) of section 6416 and sec- tered into as of the date of the enactment of ‘‘(5) DISCLOSURE OF ALLOCATIONS.—The Sec- tion 6511 of the Internal Revenue Code of this Act, the terms of which contemplate a retary shall, upon making a certification 1986, if— judgment concerning which any party has under this subsection or section 48B(d), pub- (i) a coal producer establishes that such reserved the right to file an appeal, or has licly disclose the identity of the applicant coal producer, or a party related to such coal filed an appeal. (c) SUBSEQUENT REFUND PROHIBITED.—No and the amount of the credit certified with producer, exported coal produced by such refund shall be made under this section to respect to such applicant.’’. coal producer to a foreign country or shipped (e) EFFECTIVE DATES.— the extent that a credit or refund of such tax coal produced by such coal producer to a pos- on such exported or shipped coal has been (1) IN GENERAL.—Except as otherwise pro- session of the United States, or caused such vided in this subsection, the amendments paid to any person. coal to be exported or shipped, the export or (d) DEFINITIONS.—For purposes of this sec- made by this section shall apply to credits shipment of which was other than through the application for which is submitted dur- tion— an exporter who meets the requirements of (1) COAL PRODUCER.—The term ‘‘coal pro- ing the period described in section paragraph (2), 48A(d)(2)(A)(ii) of the Internal Revenue Code ducer’’ means the person in whom is vested (ii) such coal producer filed an excise tax ownership of the coal immediately after the of 1986 and which are allocated or reallocated return on or after October 1, 1990, and on or after the date of the enactment of this Act. coal is severed from the ground, without re- before the date of the enactment of this Act, gard to the existence of any contractual ar- (2) DISCLOSURE OF ALLOCATIONS.—The and amendment made by subsection (d) shall rangement for the sale or other disposition (iii) such coal producer files a claim for re- of the coal or the payment of any royalties apply to certifications made after the date of fund with the Secretary not later than the the enactment of this Act. between the producer and third parties. The close of the 30-day period beginning on the term includes any person who extracts coal (3) CLERICAL AMENDMENT.—The amendment date of the enactment of this Act, made by subsection (c)(5) shall take effect as from coal waste refuse piles or from the silt if included in the amendment made by sec- then the Secretary shall pay to such coal waste product which results from the wet tion 1307(b) of the Energy Tax Incentives Act producer an amount equal to the tax paid washing (or similar processing) of coal. of 2005. under section 4121 of such Code on such coal (2) EXPORTER.—The term ‘‘exporter’’ means exported or shipped by the coal producer or a person, other than a coal producer, who SEC. 812. EXPANSION AND MODIFICATION OF COAL GASIFICATION INVESTMENT a party related to such coal producer, or does not have a contract, fee arrangement, CREDIT. caused by the coal producer or a party re- or any other agreement with a producer or (a) MODIFICATION OF CREDIT AMOUNT.—Sec- lated to such coal producer to be exported or seller of such coal to export or ship such coal tion 48B(a) is amended by inserting ‘‘(30 per- shipped. to a third party on behalf of the producer or cent in the case of credits allocated under (B) SPECIAL RULES FOR CERTAIN TAX- seller of such coal and— subsection (d)(1)(B))’’ after ‘‘20 percent’’. PAYERS.—For purposes of this section— (A) is indicated in the shipper’s export dec- (b) EXPANSION OF AGGREGATE CREDITS.— (i) IN GENERAL.—If a coal producer or a laration or other documentation as the ex- Section 48B(d)(1) is amended by striking party related to a coal producer has received porter of record, or

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00074 Fmt 4634 Sfmt 0634 E:\CR\FM\A16SE7.027 H16SEPT1 jbell on PROD1PC69 with HOUSE September 16, 2008 CONGRESSIONAL RECORD — HOUSE H8205 (B) actually exported such coal to a foreign carry out this section $1,500,000 for the period to renewable diesel) is amended by adding at country or shipped such coal to a possession of fiscal years 2009 and 2010. the end the following new paragraph: of the United States, or caused such coal to Subtitle B—Transportation and Domestic ‘‘(4) CERTAIN AVIATION FUEL.— be so exported or shipped. Fuel Security Provisions ‘‘(A) IN GENERAL.—Except as provided in (3) RELATED PARTY.—The term ‘‘a party re- the last three sentences of paragraph (3), the SEC. 821. INCLUSION OF CELLULOSIC BIOFUEL lated to such coal producer’’ means a person IN BONUS DEPRECIATION FOR BIO- term ‘renewable diesel’ shall include fuel de- who— MASS ETHANOL PLANT PROPERTY. rived from biomass which meets the require- (A) is related to such coal producer (a) IN GENERAL.—Paragraph (3) of section ments of a Department of Defense specifica- through any degree of common management, 168(l) is amended to read as follows: tion for military jet fuel or an American So- stock ownership, or voting control, ‘‘(3) CELLULOSIC BIOFUEL.—The term ‘cel- ciety of Testing and Materials specification (B) is related (within the meaning of sec- lulosic biofuel’ means any liquid fuel which for aviation turbine fuel. tion 144(a)(3) of the Internal Revenue Code of is produced from any lignocellulosic or ‘‘(B) APPLICATION OF MIXTURE CREDITS.—In 1986) to such coal producer, or hemicellulosic matter that is available on a the case of fuel which is treated as renewable (C) has a contract, fee arrangement, or any renewable or recurring basis.’’. diesel solely by reason of subparagraph (A), other agreement with such coal producer to (b) CONFORMING AMENDMENTS.—Subsection subsection (b)(1) and section 6426(c) shall be sell such coal to a third party on behalf of (l) of section 168 is amended— applied with respect to such fuel by treating such coal producer. (1) by striking ‘‘cellulosic biomass eth- kerosene as though it were diesel fuel.’’. (4) SECRETARY.—The term ‘‘Secretary’’ anol’’ each place it appears and inserting (f) EFFECTIVE DATE.— means the Secretary of Treasury or the Sec- ‘‘cellulosic biofuel’’, (1) IN GENERAL.—Except as otherwise pro- retary’s designee. (2) by striking ‘‘CELLULOSIC BIOMASS ETH- vided in this subsection, the amendments (e) TIMING OF REFUND.—With respect to ANOL’’ in the heading of such subsection and made by this section shall apply to fuel pro- any claim for refund filed pursuant to this inserting ‘‘CELLULOSIC BIOFUEL’’, and duced, and sold or used, after December 31, section, the Secretary shall determine (3) by striking ‘‘CELLULOSIC BIOMASS ETH- 2008. whether the requirements of this section are ANOL’’ in the heading of paragraph (2) thereof (2) COPRODUCTION OF RENEWABLE DIESEL met not later than 180 days after such claim and inserting ‘‘CELLULOSIC BIOFUEL’’. WITH PETROLEUM FEEDSTOCK.—The amend- is filed. If the Secretary determines that the (c) EFFECTIVE DATE.—The amendments ments made by subsection (c) shall apply to requirements of this section are met, the made by this section shall apply to property fuel produced, and sold or used, after Feb- claim for refund shall be paid not later than placed in service after the date of the enact- ruary 13, 2008. 180 days after the Secretary makes such de- ment of this Act, in taxable years ending SEC. 823. CLARIFICATION THAT CREDITS FOR termination. after such date. FUEL ARE DESIGNED TO PROVIDE (f) INTEREST.—Any refund paid pursuant to AN INCENTIVE FOR UNITED STATES SEC. 822. CREDITS FOR BIODIESEL AND RENEW- PRODUCTION. this section shall be paid by the Secretary ABLE DIESEL. (a) ALCOHOL FUELS CREDIT.—Subsection (d) with interest from the date of overpayment (a) IN GENERAL.—Sections 40A(g), 6426(c)(6), of section 40 is amended by adding at the end determined by using the overpayment rate and 6427(e)(5)(B) are each amended by strik- the following new paragraph: and method under section 6621 of the Inter- ing ‘‘December 31, 2008’’ and inserting ‘‘De- ‘‘(7) LIMITATION TO ALCOHOL WITH CONNEC- nal Revenue Code of 1986. cember 31, 2009’’. TION TO THE UNITED STATES.—No credit shall (g) DENIAL OF DOUBLE BENEFIT.—The pay- (b) INCREASE IN RATE OF CREDIT.— be determined under this section with re- ment under subsection (a) with respect to (1) INCOME TAX CREDIT.—Paragraphs (1)(A) spect to any alcohol which is produced out- any coal shall not exceed— and (2)(A) of section 40A(b) are each amended side the United States for use as a fuel out- (1) in the case of a payment to a coal pro- by striking ‘‘50 cents’’ and inserting ‘‘$1.00’’. side the United States. For purposes of this ducer, the amount of tax paid under section (2) EXCISE TAX CREDIT.—Paragraph (2) of paragraph, the term ‘United States’ includes 4121 of the Internal Revenue Code of 1986 section 6426(c) is amended to read as follows: any possession of the United States.’’. with respect to such coal by such coal pro- ‘‘(2) APPLICABLE AMOUNT.—For purposes of (b) BIODIESEL FUELS CREDIT.—Subsection ducer or a party related to such coal pro- this subsection, the applicable amount is (d) of section 40A is amended by adding at ducer, and $1.00.’’. the end the following new paragraph: (2) in the case of a payment to an exporter, (3) CONFORMING AMENDMENTS.— ‘‘(5) LIMITATION TO BIODIESEL WITH CONNEC- an amount equal to $0.825 per ton with re- (A) Subsection (b) of section 40A is amend- TION TO THE UNITED STATES.—No credit shall spect to such coal exported by the exporter ed by striking paragraph (3) and by redesig- be determined under this section with re- or caused to be exported by the exporter. nating paragraphs (4) and (5) as paragraphs spect to any biodiesel which is produced out- (h) APPLICATION OF SECTION.—This section (3) and (4), respectively. side the United States for use as a fuel out- applies only to claims on coal exported or (B) Paragraph (2) of section 40A(f) is side the United States. For purposes of this shipped on or after October 1, 1990, through amended to read as follows: paragraph, the term ‘United States’ includes the date of the enactment of this Act. ‘‘(2) EXCEPTION.—Subsection (b)(4) shall any possession of the United States.’’. (i) STANDING NOT CONFERRED.— not apply with respect to renewable diesel.’’. (c) EXCISE TAX CREDIT.— (1) EXPORTERS.—With respect to exporters, (C) Paragraphs (2) and (3) of section 40A(e) (1) IN GENERAL.—Section 6426 is amended this section shall not confer standing upon are each amended by striking ‘‘subsection by adding at the end the following new sub- an exporter to commence, or intervene in, (b)(5)(C)’’ and inserting ‘‘subsection section: any judicial or administrative proceeding (b)(4)(C)’’. ‘‘(i) LIMITATION TO FUELS WITH CONNECTION concerning a claim for refund by a coal pro- (D) Clause (ii) of section 40A(d)(3)(C) is TO THE UNITED STATES.— ducer of any Federal or State tax, fee, or amended by striking ‘‘subsection (b)(5)(B)’’ ‘‘(1) ALCOHOL.—No credit shall be deter- royalty paid by the coal producer. and inserting ‘‘subsection (b)(4)(B)’’. mined under this section with respect to any (2) COAL PRODUCERS.—With respect to coal (c) UNIFORM TREATMENT OF DIESEL PRO- alcohol which is produced outside the United producers, this section shall not confer DUCED FROM BIOMASS.—Paragraph (3) of sec- States for use as a fuel outside the United standing upon a coal producer to commence, tion 40A(f) is amended— States. or intervene in, any judicial or administra- (1) by striking ‘‘diesel fuel’’ and inserting ‘‘(2) BIODIESEL AND ALTERNATIVE FUELS.— tive proceeding concerning a claim for re- ‘‘liquid fuel’’, No credit shall be determined under this sec- fund by an exporter of any Federal or State (2) by striking ‘‘using a thermal tion with respect to any biodiesel or alter- tax, fee, or royalty paid by the producer and depolymerization process’’, and native fuel which is produced outside the alleged to have been passed on to an ex- (3) by striking ‘‘or D396’’ in subparagraph United States for use as a fuel outside the porter. (B) and inserting ‘‘, D396, or other equivalent United States. SEC. 815. CARBON AUDIT OF THE TAX CODE. standard approved by the Secretary’’. For purposes of this subsection, the term (a) STUDY.—The Secretary of the Treasury (d) COPRODUCTION OF RENEWABLE DIESEL ‘United States’ includes any possession of shall enter into an agreement with the Na- WITH PETROLEUM FEEDSTOCK.— the United States.’’. tional Academy of Sciences to undertake a (1) IN GENERAL.—Paragraph (3) of section (2) CONFORMING AMENDMENT.—Subsection comprehensive review of the Internal Rev- 40A(f) (defining renewable diesel) is amended (e) of section 6427 is amended by redesig- enue Code of 1986 to identify the types of and by adding at the end the following flush sen- nating paragraph (5) as paragraph (6) and by specific tax provisions that have the largest tence: inserting after paragraph (4) the following effects on carbon and other greenhouse gas ‘‘Such term does not include any fuel derived new paragraph: emissions and to estimate the magnitude of from coprocessing biomass with a feedstock ‘‘(5) LIMITATION TO FUELS WITH CONNECTION those effects. which is not biomass. For purposes of this TO THE UNITED STATES.—No amount shall be (b) REPORT.—Not later than 2 years after paragraph, the term ‘biomass’ has the mean- payable under paragraph (1) or (2) with re- the date of enactment of this Act, the Na- ing given such term by section 45K(c)(3).’’. spect to any mixture or alternative fuel if tional Academy of Sciences shall submit to (2) CONFORMING AMENDMENT.—Paragraph credit is not allowed with respect to such Congress a report containing the results of (3) of section 40A(f) is amended by striking mixture or alternative fuel by reason of sec- study authorized under this section. ‘‘(as defined in section 45K(c)(3))’’. tion 6426(i).’’. (c) AUTHORIZATION OF APPROPRIATIONS.— (e) ELIGIBILITY OF CERTAIN AVIATION (d) EFFECTIVE DATE.—The amendments There is authorized to be appropriated to FUEL.—Subsection (f) of section 40A (relating made by this section shall apply to claims

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00075 Fmt 4634 Sfmt 0634 E:\CR\FM\A16SE7.027 H16SEPT1 jbell on PROD1PC69 with HOUSE H8206 CONGRESSIONAL RECORD — HOUSE September 16, 2008 for credit or payment made on or after May ‘‘(i) has a capacity of not less than 4 kilo- 30B(h) shall apply for purposes of this sec- 15, 2008. watt hours, and tion.’’. SEC. 824. CREDIT FOR NEW QUALIFIED PLUG-IN ‘‘(ii) is capable of being recharged from an (b) COORDINATION WITH ALTERNATIVE ELECTRIC DRIVE MOTOR VEHICLES. external source of electricity. MOTOR VEHICLE CREDIT.—Section 30B(d)(3) is (a) IN GENERAL.—Section 30 is amended to ‘‘(2) EXCEPTION.—The term ‘new qualified amended by adding at the end the following read as follows: plug-in electric drive motor vehicle’ shall new subparagraph: ‘‘SEC. 30. NEW QUALIFIED PLUG-IN ELECTRIC not include any vehicle which is not a pas- ‘‘(D) EXCLUSION OF PLUG-IN VEHICLES.—Any DRIVE MOTOR VEHICLES. senger automobile or light truck if such ve- vehicle with respect to which a credit is al- ‘‘(a) ALLOWANCE OF CREDIT.—There shall be hicle has a gross vehicle weight rating of less lowable under section 30 (determined with- allowed as a credit against the tax imposed than 8,500 pounds. out regard to subsection (c) thereof) shall by this chapter for the taxable year an ‘‘(3) MOTOR VEHICLE.—The term ‘motor ve- not be taken into account under this sec- amount equal to the sum of the credit hicle’ means any vehicle which is manufac- tion.’’. amounts determined under subsection (b) tured primarily for use on public streets, (c) CREDIT MADE PART OF GENERAL BUSI- with respect to each new qualified plug-in roads, and highways (not including a vehicle NESS CREDIT.—Section 38(b) is amended by electric drive motor vehicle placed in service operated exclusively on a rail or rails) and striking ‘‘plus’’ at the end of paragraph (32), by the taxpayer during the taxable year. which has at least 4 wheels. by striking the period at the end of para- ‘‘(b) PER VEHICLE DOLLAR LIMITATION.— ‘‘(4) OTHER TERMS.—The terms ‘passenger graph (33) and inserting ‘‘, plus’’, and by add- ‘‘(1) IN GENERAL.—The amount determined automobile’, ‘light truck’, and ‘manufac- ing at the end the following new paragraph: under this subsection with respect to any turer’ have the meanings given such terms in ‘‘(34) the portion of the new qualified plug- new qualified plug-in electric drive motor ve- regulations prescribed by the Administrator in electric drive motor vehicle credit to hicle is the sum of the amounts determined of the Environmental Protection Agency for which section 30(c)(1) applies.’’. under paragraphs (2) and (3) with respect to purposes of the administration of title II of (d) CONFORMING AMENDMENTS.— such vehicle. the Clean Air Act (42 U.S.C. 7521 et seq.). (1)(A) Section 24(b)(3)(B), as amended by ‘‘(2) BASE AMOUNT.—The amount deter- ‘‘(5) BATTERY CAPACITY.—The term ‘capac- section 804, is amended by striking ‘‘and mined under this paragraph is $3,000. ity’ means, with respect to any battery, the 25D’’ and inserting ‘‘25D, and 30’’. ‘‘(3) BATTERY CAPACITY.—In the case of a quantity of electricity which the battery is (B) Section 25(e)(1)(C)(ii) is amended by in- vehicle which draws propulsion energy from capable of storing, expressed in kilowatt serting ‘‘30,’’ after ‘‘25D,’’. a battery with not less than 5 kilowatt hours hours, as measured from a 100 percent state (C) Section 25B(g)(2), as amended by sec- of capacity, the amount determined under of charge to a 0 percent state of charge. tion 804, is amended by striking ‘‘and 25D’’ this paragraph is $200, plus $200 for each kilo- and inserting ‘‘, 25D, and 30’’. watt hour of capacity in excess of 5 kilowatt ‘‘(e) LIMITATION ON NUMBER OF NEW QUALI- (D) Section 26(a)(1), as amended by section hours. The amount determined under this FIED PLUG-IN ELECTRIC DRIVE MOTOR VEHI- 804, is amended by striking ‘‘and 25D’’ and in- paragraph shall not exceed $2,000. CLES ELIGIBLE FOR CREDIT.— serting ‘‘25D, and 30’’. ‘‘(c) APPLICATION WITH OTHER CREDITS.— ‘‘(1) IN GENERAL.—In the case of a new (E) Section 1400C(d)(2) is amended by strik- ‘‘(1) BUSINESS CREDIT TREATED AS PART OF qualified plug-in electric drive motor vehicle ing ‘‘and 25D’’ and inserting ‘‘25D, and 30’’. GENERAL BUSINESS CREDIT.—So much of the sold during the phaseout period, only the ap- credit which would be allowed under sub- plicable percentage of the credit otherwise (2) Section 30B(h)(1) is amended by striking section (a) for any taxable year (determined allowable under subsection (a) shall be al- ‘‘section 30(c)(2)’’ and inserting ‘‘section without regard to this subsection) that is at- lowed. 30(d)(3)’’. tributable to property of a character subject ‘‘(2) PHASEOUT PERIOD.—For purposes of (3)(A) Section 53(d)(1)(B) is amended by to an allowance for depreciation shall be this subsection, the phaseout period is the striking clause (iii) and redesignating clause treated as a credit listed in section 38(b) for period beginning with the second calendar (iv) as clause (iii). such taxable year (and not allowed under quarter following the calendar quarter which (B) Subclause (II) of section 53(d)(1)(B)(iii), subsection (a)). includes the first date on which the number as so redesignated, is amended by striking ‘‘increased in the manner provided in clause ‘‘(2) PERSONAL CREDIT.— of new qualified plug-in electric drive motor (iii)’’. ‘‘(A) IN GENERAL.—For purposes of this vehicles manufactured by the manufacturer title, the credit allowed under subsection (a) of the vehicle referred to in paragraph (1) (4) Section 55(c)(3) is amended by striking for any taxable year (determined after appli- sold for use in the United States after the ‘‘30(b)(3),’’. cation of paragraph (1)) shall be treated as a date of the enactment of this section, is at (5) Section 1016(a)(25) is amended by strik- credit allowable under subpart A for such least 60,000. ing ‘‘section 30(d)(1)’’ and inserting ‘‘section taxable year. ‘‘(3) APPLICABLE PERCENTAGE.—For pur- 30(f)(1)’’. (6) Section 6501(m) is amended by striking ‘‘(B) LIMITATION BASED ON AMOUNT OF poses of paragraph (1), the applicable per- ‘‘section 30(d)(4)’’ and inserting ‘‘section TAX.—In the case of a taxable year to which centage is— section 26(a)(2) does not apply, the credit al- ‘‘(A) 50 percent for the first 2 calendar 30(f)(4)’’. lowed under subsection (a) for any taxable quarters of the phaseout period, (7) The item in the table of sections for year (determined after application of para- ‘‘(B) 25 percent for the 3d and 4th calendar subpart B of part IV of subchapter A of chap- graph (1)) shall not exceed the excess of— quarters of the phaseout period, and ter 1 is amended to read as follows: ‘‘(i) the sum of the regular tax liability (as ‘‘(C) 0 percent for each calendar quarter ‘‘Sec. 30. New qualified plug-in electric drive defined in section 26(b)) plus the tax imposed thereafter. motor vehicles.’’. by section 55, over ‘‘(4) CONTROLLED GROUPS.—Rules similar to (e) TREATMENT OF ALTERNATIVE MOTOR VE- ‘‘(ii) the sum of the credits allowable under the rules of section 30B(f)(4) shall apply for HICLE CREDIT AS A PERSONAL CREDIT.— subpart A (other than this section and sec- purposes of this subsection. (1) IN GENERAL.—Paragraph (2) of section tions 23 and 25D) and section 27 for the tax- ‘‘(f) SPECIAL RULES.— 30B(g) is amended to read as follows: able year. ‘‘(1) BASIS REDUCTION.—The basis of any ‘‘(2) PERSONAL CREDIT.—The credit allowed ‘‘(d) NEW QUALIFIED PLUG-IN ELECTRIC property for which a credit is allowable under subsection (a) for any taxable year DRIVE MOTOR VEHICLE.—For purposes of this under subsection (a) shall be reduced by the (after application of paragraph (1)) shall be section— amount of such credit (determined without treated as a credit allowable under subpart A ‘‘(1) IN GENERAL.—The term ‘new qualified regard to subsection (c)). for such taxable year.’’. plug-in electric drive motor vehicle’ means a ‘‘(2) RECAPTURE.—The Secretary shall, by (2) CONFORMING AMENDMENTS.— motor vehicle— regulations, provide for recapturing the ben- (A) Subparagraph (A) of section 30C(d)(2) is ‘‘(A) the original use of which commences efit of any credit allowable under subsection amended by striking ‘‘sections 27, 30, and with the taxpayer, (a) with respect to any property which ceases 30B’’ and inserting ‘‘section 27’’. ‘‘(B) which is acquired for use or lease by to be property eligible for such credit. (B) Paragraph (3) of section 55(c) is amend- the taxpayer and not for resale, ‘‘(3) PROPERTY USED OUTSIDE UNITED ed by striking ‘‘30B(g)(2),’’. ‘‘(C) which is made by a manufacturer, STATES, ETC., NOT QUALIFIED.—No credit shall (f) EFFECTIVE DATE.— ‘‘(D) which has a gross vehicle weight rat- be allowed under subsection (a) with respect (1) IN GENERAL.—Except as otherwise pro- ing of less than 14,000 pounds, to any property referred to in section 50(b)(1) vided in this subsection, the amendments ‘‘(E) which has received a certificate of or with respect to the portion of the cost of made by this section shall apply to taxable conformity under the Clean Air Act and any property taken into account under sec- years beginning after December 31, 2008. meets or exceeds the Bin 5 Tier II emission tion 179. (2) TREATMENT OF ALTERNATIVE MOTOR VE- standard established in regulations pre- ‘‘(4) ELECTION NOT TO TAKE CREDIT.—No HICLE CREDIT AS PERSONAL CREDIT.—The scribed by the Administrator of the Environ- credit shall be allowed under subsection (a) amendments made by subsection (e) shall mental Protection Agency under section for any vehicle if the taxpayer elects to not apply to taxable years beginning after De- 202(i) of the Clean Air Act for that make and have this section apply to such vehicle. cember 31, 2007. model year vehicle, and ‘‘(5) PROPERTY USED BY TAX-EXEMPT ENTITY; (g) APPLICATION OF EGTRRA SUNSET.—The ‘‘(F) which is propelled to a significant ex- INTERACTION WITH AIR QUALITY AND MOTOR VE- amendment made by subsection (d)(1)(A) tent by an electric motor which draws elec- HICLE SAFETY STANDARDS.—Rules similar to shall be subject to title IX of the Economic tricity from a battery which— the rules of paragraphs (6) and (10) of section Growth and Tax Relief Reconciliation Act of

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EXCLUSION FROM HEAVY TRUCK TAX unit under subsection (a) for any calendar wages are paid to employees, an amount FOR IDLING REDUCTION UNITS AND year in the credit period. equal to the amount of the credit allowed to ADVANCED INSULATION. ‘‘(B) AGGREGATE LIMIT.—The aggregate such entity under subsection (a) with respect (a) IN GENERAL.—Section 4053 is amended amount which may be allocated under sub- to such wages, but only if such governmental by adding at the end the following new para- paragraph (A) for all calendar years in the unit deducts and withholds wages for such graphs: credit period shall not exceed $2,000,000,000. payroll period under section 3401 (relating to ‘‘(9) IDLING REDUCTION DEVICE.—Any device ‘‘(C) ANNUAL LIMIT.—The aggregate wage withholding). or system of devices which— amount which may be allocated under sub- ‘‘(e) REPORTING.—The Governor of the ‘‘(A) is designed to provide to a vehicle paragraph (A) for any calendar year in the State of New York and the Mayor of the City those services (such as heat, air condi- credit period shall not exceed the sum of— of New York, New York, shall jointly submit tioning, or electricity) that would otherwise ‘‘(i) $115,000,000 ($425,000,000 in the case of to the Secretary an annual report— require the operation of the main drive en- the last 2 years in the credit period), plus ‘‘(1) which certifies— gine while the vehicle is temporarily parked ‘‘(ii) the aggregate amount authorized to ‘‘(A) the qualifying project expenditure or remains stationary using one or more de- be allocated under this paragraph for all pre- amount for the calendar year, and vices affixed to a tractor, and ceding calendar years in the credit period ‘‘(B) the amount allocated to each New ‘‘(B) is determined by the Administrator of which was not so allocated. York Liberty Zone governmental unit under the Environmental Protection Agency, in ‘‘(D) UNALLOCATED AMOUNTS AT END OF subsection (b)(3) for the calendar year, and consultation with the Secretary of Energy CREDIT PERIOD.—If, as of the close of the ‘‘(2) includes such other information as the and the Secretary of Transportation, to re- credit period, the amount under subpara- Secretary may require to carry out this sec- duce idling of such vehicle at a motor vehi- graph (B) exceeds the aggregate amount allo- tion. cle rest stop or other location where such ve- cated under subparagraph (A) for all cal- ‘‘(f) GUIDANCE.—The Secretary may pre- hicles are temporarily parked or remain sta- endar years in the credit period, the Gov- scribe such guidance as may be necessary or tionary. ernor of the State of New York and the appropriate to ensure compliance with the ‘‘(10) ADVANCED INSULATION.—Any insula- Mayor of the City of New York, New York, purposes of this section.’’. tion that has an R value of not less than R35 may jointly allocate to New York Liberty (b) TERMINATION OF SPECIAL ALLOWANCE per inch.’’. Zone governmental units for any calendar AND EXPENSING.—Subparagraph (A) of sec- (b) EFFECTIVE DATE.—The amendment year in the 5-year period following the credit tion 1400K(b)(2), as redesignated by sub- made by this section shall apply to sales or period an amount equal to— section (a), is amended by striking the par- installations after the date of the enactment ‘‘(i) the lesser of— enthetical therein and inserting ‘‘(in the of this Act. ‘‘(I) such excess, or case of nonresidential real property and resi- ‘‘(II) the qualifying project expenditure dential rental property, the date of the en- SEC. 826. RESTRUCTURING OF NEW YORK LIB- amount for such calendar year, reduced by ERTY ZONE TAX CREDITS. actment of the Energy Tax Incentives Act of ‘‘(ii) the aggregate amount allocated under (a) IN GENERAL.—Part I of subchapter Y of 2008 or, if acquired pursuant to a binding this subparagraph for all preceding calendar contract in effect on such enactment date, chapter 1 is amended by redesignating sec- years. tion 1400L as section 1400K and by adding at December 31, 2009)’’. ‘‘(4) ALLOCATION TO PAYROLL PERIODS.— the end the following new section: (c) CONFORMING AMENDMENTS.— Each New York Liberty Zone governmental (1) Section 38(c)(3)(B) is amended by strik- ‘‘SEC. 1400L. NEW YORK LIBERTY ZONE TAX unit which has been allocated a portion of ing ‘‘section 1400L(a)’’ and inserting ‘‘section CREDITS. the qualifying project expenditure amount 1400K(a)’’. ‘‘(a) IN GENERAL.—In the case of a New under paragraph (3) for a calendar year may (2) Section 168(k)(2)(D)(ii) is amended by York Liberty Zone governmental unit, there allocate such portion to payroll periods be- striking ‘‘section 1400L(c)(2)’’ and inserting shall be allowed as a credit against any taxes ginning in such calendar year as such gov- ‘‘section 1400K(c)(2)’’. imposed for any payroll period by section ernmental unit determines appropriate. (3) The table of sections for part I of sub- 3402 for which such governmental unit is lia- ‘‘(c) CARRYOVER OF UNUSED ALLOCATIONS.— chapter Y of chapter 1 is amended by redesig- ble under section 3403 an amount equal to so ‘‘(1) IN GENERAL.—Except as provided in much of the portion of the qualifying project paragraph (2), if the amount allocated under nating the item relating to section 1400L as expenditure amount allocated under sub- subsection (b)(3) to a New York Liberty Zone an item relating to section 1400K and by in- section (b)(3) to such governmental unit for governmental unit for any calendar year ex- serting after such item the following new the calendar year as is allocated by such ceeds the aggregate taxes imposed by section item: governmental unit to such period under sub- 3402 for which such governmental unit is lia- ‘‘Sec. 1400L. New York Liberty Zone tax section (b)(4). ble under section 3403 for periods beginning credits.’’. ‘‘(b) QUALIFYING PROJECT EXPENDITURE in such year, such excess shall be carried to (d) EFFECTIVE DATE.—The amendments AMOUNT.—For purposes of this section— the succeeding calendar year and added to made by this section shall take effect on the ‘‘(1) IN GENERAL.—The term ‘qualifying the allocation of such governmental unit for date of the enactment of this Act. project expenditure amount’ means, with re- such succeeding calendar year. SEC. 827. TRANSPORTATION FRINGE BENEFIT TO spect to any calendar year, the sum of— ‘‘(2) REALLOCATION.—If a New York Liberty BICYCLE COMMUTERS. ‘‘(A) the total expenditures paid or in- Zone governmental unit does not use an (a) IN GENERAL.—Paragraph (1) of section curred during such calendar year by all New amount allocated to it under subsection 132(f) is amended by adding at the end the York Liberty Zone governmental units and (b)(3) within the time prescribed by the Gov- following: the Port Authority of New York and New ernor of the State of New York and the ‘‘(D) Any qualified bicycle commuting re- Jersey for any portion of qualifying projects Mayor of the City of New York, New York, imbursement.’’. located wholly within the City of New York, then such amount shall after such time be (b) LIMITATION ON EXCLUSION.—Paragraph New York, and treated for purposes of subsection (b)(3) in (2) of section 132(f) is amended by striking ‘‘(B) any such expenditures— the same manner as if it had never been allo- ‘‘and’’ at the end of subparagraph (A), by ‘‘(i) paid or incurred in any preceding cal- cated. striking the period at the end of subpara- endar year which begins after the date of en- ‘‘(d) DEFINITIONS AND SPECIAL RULES.—For graph (B) and inserting ‘‘, and’’, and by add- actment of this section, and purposes of this section— ing at the end the following new subpara- ‘‘(ii) not previously allocated under para- ‘‘(1) CREDIT PERIOD.—The term ‘credit pe- graph: graph (3). riod’ means the 12-year period beginning on ‘‘(C) the applicable annual limitation in ‘‘(2) QUALIFYING PROJECT.—The term ‘quali- January 1, 2009. the case of any qualified bicycle commuting fying project’ means any transportation in- ‘‘(2) NEW YORK LIBERTY ZONE GOVERN- reimbursement.’’. frastructure project, including highways, MENTAL UNIT.—The term ‘New York Liberty (c) DEFINITIONS.—Paragraph (5) of section mass transit systems, railroads, airports, Zone governmental unit’ means— 132(f) is amended by adding at the end the ports, and waterways, in or connecting with ‘‘(A) the State of New York, following: the New York Liberty Zone (as defined in ‘‘(B) the City of New York, New York, and ‘‘(F) DEFINITIONS RELATED TO BICYCLE COM- section 1400K(h)), which is designated as a ‘‘(C) any agency or instrumentality of such MUTING REIMBURSEMENT.— qualifying project under this section jointly State or City. ‘‘(i) QUALIFIED BICYCLE COMMUTING REIM- by the Governor of the State of New York ‘‘(3) TREATMENT OF FUNDS.—Any expendi- BURSEMENT.—The term ‘qualified bicycle and the Mayor of the City of New York, New ture for a qualifying project taken into ac- commuting reimbursement’ means, with re- York. count for purposes of the credit under this spect to any calendar year, any employer re- ‘‘(3) GENERAL ALLOCATION.— section shall be considered State and local imbursement during the 15-month period be- ‘‘(A) IN GENERAL.—The Governor of the funds for the purpose of any Federal pro- ginning with the first day of such calendar State of New York and the Mayor of the City gram. year for reasonable expenses incurred by the of New York, New York, shall jointly allo- ‘‘(4) TREATMENT OF CREDIT AMOUNTS FOR employee during such calendar year for the cate to each New York Liberty Zone govern- PURPOSES OF WITHHOLDING TAXES.—For pur- purchase of a bicycle and bicycle improve- mental unit the portion of the qualifying poses of this title, a New York Liberty Zone ments, repair, and storage, if such bicycle is

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

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‘‘(C) LARGE LOCAL GOVERNMENT.—For pur- ‘‘(h) APPLICATION TO INDIAN TRIBAL GOV- ‘‘(C) REQUIREMENTS AND STANDARDS FOR AIR poses of this section, the term ‘large local ERNMENTS.—An Indian tribal government CONDITIONERS AND HEAT PUMPS.—The stand- government’ means any municipality or shall be treated for purposes of this section ards and requirements prescribed by the Sec- county if such municipality or county has a in the same manner as a large local govern- retary under subparagraph (B) with respect population of 100,000 or more. ment, except that— to the energy efficiency ratio (EER) for cen- ‘‘(3) ALLOCATION TO ISSUERS; RESTRICTION ‘‘(1) an Indian tribal government shall be tral air conditioners and electric heat ON PRIVATE ACTIVITY BONDS.—Any allocation treated for purposes of subsection (e) as lo- pumps— under this subsection to a State or large cated within a State to the extent of so ‘‘(i) shall require measurements to be local government shall be allocated by such much of the population of such government based on published data which is tested by State or large local government to issuers as resides within such State, and manufacturers at 95 degrees Fahrenheit, and within the State in a manner that results in ‘‘(2) any bond issued by an Indian tribal ‘‘(ii) may be based on the certified data of not less than 70 percent of the allocation to government shall be treated as a qualified the Air Conditioning and Refrigeration Insti- such State or large local government being energy conservation bond only if issued as tute that are prepared in partnership with used to designate bonds which are not pri- part of an issue the available project pro- the Consortium for Energy Efficiency.’’. vate activity bonds. ceeds of which are used for purposes for (d) EFFECTIVE DATE.—The amendments ‘‘(f) QUALIFIED CONSERVATION PURPOSE.— which such Indian tribal government could made this section shall apply to expenditures For purposes of this section— issue bonds to which section 103(a) applies.’’. made after December 31, 2007. ‘‘(1) IN GENERAL.—The term ‘qualified con- (b) CONFORMING AMENDMENTS.— SEC. 843. ENERGY EFFICIENT COMMERCIAL servation purpose’ means any of the fol- (1) Paragraph (1) of section 54A(d), as BUILDINGS DEDUCTION. lowing: amended by section 806, is amended by strik- Subsection (h) of section 179D is amended ‘‘(A) Capital expenditures incurred for pur- ing ‘‘or’’ at the end of subparagraph (A), by by striking ‘‘December 31, 2008’’ and insert- poses of— adding ‘‘or’’ at the end of subparagraph (B), ing ‘‘December 31, 2013’’. ‘‘(i) reducing energy consumption in pub- and by inserting after subparagraph (B) the SEC. 844. MODIFICATIONS OF ENERGY EFFICIENT licly-owned buildings by at least 20 percent, following new subparagraph: APPLIANCE CREDIT FOR APPLI- ANCES PRODUCED AFTER 2007. ‘‘(ii) implementing green community pro- ‘‘(C) a qualified energy conservation grams, (a) IN GENERAL.—Subsection (b) of section bond,’’. 45M is amended to read as follows: ‘‘(iii) rural development involving the pro- (2) Subparagraph (C) of section 54A(d)(2), as duction of electricity from renewable energy ‘‘(b) APPLICABLE AMOUNT.—For purposes of amended by section 806, is amended by strik- subsection (a)— resources, or ing ‘‘and’’ at the end of clause (i), by striking ‘‘(iv) any qualified facility (as determined ‘‘(1) DISHWASHERS.—The applicable amount the period at the end of clause (ii) and insert- under section 45(d) without regard to para- is— ing ‘‘and’’, and by adding at the end the fol- graphs (8) and (10) thereof and without re- ‘‘(A) $45 in the case of a dishwasher which lowing new clause: gard to any placed in service date). is manufactured in calendar year 2008 or 2009 ‘‘(iii) in the case of a qualified energy con- ‘‘(B) Expenditures with respect to research and which uses no more than 324 kilowatt servation bond, a purpose specified in section facilities, and research grants, to support re- hours per year and 5.8 gallons per cycle, and 54D(a)(1).’’. search in— ‘‘(B) $75 in the case of a dishwasher which (3) The table of sections for subpart I of ‘‘(i) development of cellulosic ethanol or is manufactured in calendar year 2008, 2009, part IV of subchapter A of chapter 1, as other nonfossil fuels, or 2010 and which uses no more than 307 kilo- amended by section 806, is amended by add- ‘‘(ii) technologies for the capture and se- watt hours per year and 5.0 gallons per cycle questration of carbon dioxide produced ing at the end the following new item: (5.5 gallons per cycle for dishwashers de- through the use of fossil fuels, ‘‘Sec. 54D. Qualified energy conservation signed for greater than 12 place settings). ‘‘(iii) increasing the efficiency of existing bonds.’’. ‘‘(2) CLOTHES WASHERS.—The applicable technologies for producing nonfossil fuels, (c) EFFECTIVE DATE.—The amendments amount is— ‘‘(iv) automobile battery technologies and made by this section shall apply to obliga- ‘‘(A) $75 in the case of a residential top- other technologies to reduce fossil fuel con- tions issued after the date of the enactment loading clothes washer manufactured in cal- sumption in transportation, or of this Act. endar year 2008 which meets or exceeds a 1.72 ‘‘(v) technologies to reduce energy use in SEC. 842. CREDIT FOR NONBUSINESS ENERGY modified energy factor and does not exceed a buildings. PROPERTY. 8.0 water consumption factor, ‘‘(C) Mass commuting facilities and related (a) EXTENSION OF CREDIT.—Section 25C(g) is ‘‘(B) $125 in the case of a residential top- facilities that reduce the consumption of en- amended by striking ‘‘December 31, 2007’’ and loading clothes washer manufactured in cal- ergy, including expenditures to reduce pollu- inserting ‘‘December 31, 2008’’. endar year 2008 or 2009 which meets or ex- tion from vehicles used for mass commuting. (b) QUALIFIED BIOMASS FUEL PROPERTY.— ceeds a 1.8 modified energy factor and does ‘‘(D) Demonstration projects designed to (1) IN GENERAL.—Section 25C(d)(3) is not exceed a 7.5 water consumption factor, promote the commercialization of— amended— ‘‘(C) $150 in the case of a residential or ‘‘(i) green building technology, (A) by striking ‘‘and’’ at the end of sub- commercial clothes washer manufactured in ‘‘(ii) conversion of agricultural waste for paragraph (D), calendar year 2008, 2009, or 2010 which meets use in the production of fuel or otherwise, (B) by striking the period at the end of or exceeds 2.0 modified energy factor and ‘‘(iii) advanced battery manufacturing subparagraph (E) and inserting ‘‘, and’’, and does not exceed a 6.0 water consumption fac- technologies, (C) by adding at the end the following new tor, and ‘‘(iv) technologies to reduce peak use of subparagraph: ‘‘(D) $250 in the case of a residential or electricity, or ‘‘(F) a stove which uses the burning of bio- commercial clothes washer manufactured in ‘‘(v) technologies for the capture and se- mass fuel to heat a dwelling unit located in calendar year 2008, 2009, or 2010 which meets questration of carbon dioxide emitted from the United States and used as a residence by or exceeds 2.2 modified energy factor and combusting fossil fuels in order to produce the taxpayer, or to heat water for use in such does not exceed a 4.5 water consumption fac- electricity. a dwelling unit, and which has a thermal ef- tor. ‘‘(E) Public education campaigns to proficiency rating of at least 75 percent.’’. ‘‘(3) REFRIGERATORS.—The applicable mote energy efficiency. (2) BIOMASS FUEL.—Section 25C(d) is amount is— ‘‘(2) SPECIAL RULES FOR PRIVATE ACTIVITY amended by adding at the end the following ‘‘(A) $50 in the case of a refrigerator which BONDS.—For purposes of this section, in the new paragraph: is manufactured in calendar year 2008, and case of any private activity bond, the term ‘‘(6) BIOMASS FUEL.—The term ‘biomass consumes at least 20 percent but not more ‘qualified conservation purposes’ shall not fuel’ means any plant-derived fuel available than 22.9 percent less kilowatt hours per include any expenditure which is not a cap- on a renewable or recurring basis, including year than the 2001 energy conservation ital expenditure. agricultural crops and trees, wood and wood standards, ‘‘(g) POPULATION.— waste and residues (including wood pellets), ‘‘(B) $75 in the case of a refrigerator which ‘‘(1) IN GENERAL.—The population of any plants (including aquatic plants), grasses, is manufactured in calendar year 2008 or 2009, State or local government shall be deter- residues, and fibers.’’. and consumes at least 23 percent but no mined for purposes of this section as pro- (c) COORDINATION WITH CREDIT FOR QUALI- more than 24.9 percent less kilowatt hours vided in section 146(j) for the calendar year FIED GEOTHERMAL HEAT PUMP PROPERTY EX- per year than the 2001 energy conservation which includes the date of the enactment of PENDITURES.— standards, this section. (1) IN GENERAL.—Paragraph (3) of section ‘‘(C) $100 in the case of a refrigerator which ‘‘(2) SPECIAL RULE FOR COUNTIES.—In deter- 25C(d), as amended by subsection (b), is is manufactured in calendar year 2008, 2009, mining the population of any county for pur- amended by striking subparagraph (C) and or 2010, and consumes at least 25 percent but poses of this section, any population of such by redesignating subparagraphs (D), (E), and not more than 29.9 percent less kilowatt county which is taken into account in deter- (F) as subparagraphs (C), (D), and (E), respec- hours per year than the 2001 energy con- mining the population of any municipality tively. servation standards, and which is a large local government shall not (2) CONFORMING AMENDMENT.—Subpara- ‘‘(D) $200 in the case of a refrigerator man- be taken into account in determining the graph (C) of section 25C(d)(2) is amended to ufactured in calendar year 2008, 2009, or 2010 population of such county. read as follows: and which consumes at least 30 percent less

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energy than the 2001 energy conservation energy factor established by the Department (c) CONTINUED APPLICATION OF 150 PERCENT standards.’’. of Energy for compliance with the Federal DECLINING BALANCE METHOD.—Paragraph (2) (b) ELIGIBLE PRODUCTION.— energy conservation standard.’’. of section 168(b) is amended by striking ‘‘or’’ (1) SIMILAR TREATMENT FOR ALL APPLI- (5) GALLONS PER CYCLE; WATER CONSUMP- at the end of subparagraph (B), by redesig- ANCES.—Subsection (c) of section 45M is TION FACTOR.—Section 45M(f), as amended by nating subparagraph (C) as subparagraph (D), amended— paragraph (3), is amended by adding at the and by inserting after subparagraph (B) the (A) by striking paragraph (2), end the following: following new subparagraph: (B) by striking ‘‘(1) IN GENERAL’’ and all ‘‘(9) GALLONS PER CYCLE.—The term ‘gal- ‘‘(C) any property (other than property de- that follows through ‘‘the eligible’’ and in- lons per cycle’ means, with respect to a dish- scribed in paragraph (3)) which is a qualified serting ‘‘The eligible’’, washer, the amount of water, expressed in smart electric meter or qualified smart elec- (C) by moving the text of such subsection gallons, required to complete a normal cycle tric grid system, or’’. in line with the subsection heading, and of a dishwasher. (d) EFFECTIVE DATE.—The amendments (D) by redesignating subparagraphs (A) and ‘‘(10) WATER CONSUMPTION FACTOR.—The made by this section shall apply to property (B) as paragraphs (1) and (2), respectively, term ‘water consumption factor’ means, with placed in service after the date of the enact- and by moving such paragraphs 2 ems to the respect to a clothes washer, the quotient of ment of this Act. left. the total weighted per-cycle water consump- SEC. 846. QUALIFIED GREEN BUILDING AND SUS- (2) MODIFICATION OF BASE PERIOD.—Para- tion divided by the cubic foot (or liter) ca- TAINABLE DESIGN PROJECTS. graph (2) of section 45M(c), as amended by pacity of the clothes washer.’’. (a) IN GENERAL.—Paragraph (8) of section paragraph (1), is amended by striking ‘‘3-cal- (f) EFFECTIVE DATE.—The amendments 142(l) is amended by striking ‘‘September 30, endar year’’ and inserting ‘‘2-calendar year’’. made by this section shall apply to appli- 2009’’ and inserting ‘‘September 30, 2012’’. (b) TREATMENT OF CURRENT REFUNDING (c) TYPES OF ENERGY EFFICIENT APPLI- ances produced after December 31, 2007. ANCES.—Subsection (d) of section 45M (defin- BONDS.—Paragraph (9) of section 142(l) is ing types of energy efficient appliances) is SEC. 845. ACCELERATED RECOVERY PERIOD FOR amended by striking ‘‘October 1, 2009’’ and amended to read as follows: DEPRECIATION OF SMART METERS inserting ‘‘October 1, 2012’’. AND SMART GRID SYSTEMS. ‘‘(d) TYPES OF ENERGY EFFICIENT APPLI- (c) ACCOUNTABILITY.—The second sentence ANCE.—For purposes of this section, the (a) IN GENERAL.—Section 168(e)(3)(D) is of section 701(d) of the American Jobs Cre- types of energy efficient appliances are— amended by striking ‘‘and’’ at the end of ation Act of 2004 is amended by striking ‘‘(1) dishwashers described in subsection clause (i), by striking the period at the end ‘‘issuance,’’ and inserting ‘‘issuance of the (b)(1), of clause (ii) and inserting a comma, and by last issue with respect to such project,’’. ‘‘(2) clothes washers described in sub- inserting after clause (ii) the following new Subtitle D—Revenue Provisions section (b)(2), and clauses: ‘‘(iii) any qualified smart electric meter, SEC. 851. LIMITATION OF DEDUCTION FOR IN- ‘‘(3) refrigerators described in subsection COME ATTRIBUTABLE TO DOMESTIC (b)(3).’’. and PRODUCTION OF OIL, GAS, OR PRI- (d) AGGREGATE CREDIT AMOUNT ALLOWED.— ‘‘(iv) any qualified smart electric grid sys- MARY PRODUCTS THEREOF. (1) INCREASE IN LIMIT.—Paragraph (1) of tem.’’. (a) DENIAL OF DEDUCTION FOR SPECIFIED OIL section 45M(e) is amended to read as follows: (b) DEFINITIONS.—Section 168(i) is amended COMPANIES FOR INCOME ATTRIBUTABLE TO DO- ‘‘(1) AGGREGATE CREDIT AMOUNT ALLOWED.— by inserting at the end the following new MESTIC PRODUCTION OF OIL, GAS, OR PRIMARY The aggregate amount of credit allowed paragraph: PRODUCTS THEREOF.—Subparagraph (B) of under subsection (a) with respect to a tax- ‘‘(18) QUALIFIED SMART ELECTRIC METERS.— section 199(c)(4) (relating to exceptions) is payer for any taxable year shall not exceed ‘‘(A) IN GENERAL.—The term ‘qualified amended by striking ‘‘or’’ at the end of $75,000,000 reduced by the amount of the smart electric meter’ means any smart elec- clause (ii), by striking the period at the end credit allowed under subsection (a) to the tric meter which is placed in service by a of clause (iii) and inserting ‘‘, or’’, and by in- taxpayer (or any predecessor) for all prior taxpayer who is a supplier of electric energy serting after clause (iii) the following new taxable years beginning after December 31, or a provider of electric energy services. clause: 2007.’’. ‘‘(B) SMART ELECTRIC METER.—For purposes ‘‘(iv) in the case of any specified oil com- (2) EXCEPTION FOR CERTAIN REFRIGERATOR of subparagraph (A), the term ‘smart electric pany (as defined in subsection (d)(9)), the AND CLOTHES WASHERS.—Paragraph (2) of sec- meter’ means any time-based meter and re- production, refining, processing, transpor- tion 45M(e) is amended to read as follows: lated communication equipment which is ca- tation, or distribution of oil, gas, or any pri- ‘‘(2) AMOUNT ALLOWED FOR CERTAIN REFRIG- pable of being used by the taxpayer as part mary product thereof.’’. ERATORS AND CLOTHES WASHERS.—Refrig- of a system that— (b) LIMITATION ON OIL RELATED QUALIFIED erators described in subsection (b)(3)(D) and ‘‘(i) measures and records electricity usage PRODUCTION ACTIVITIES INCOME FOR TAX- clothes washers described in subsection data on a time-differentiated basis in at PAYERS OTHER THAN SPECIFIED OIL COMPA- (b)(2)(D) shall not be taken into account least 24 separate time segments per day, NIES.— under paragraph (1).’’. ‘‘(ii) provides for the exchange of informa- (1) IN GENERAL.—Section 199(d) is amended (e) QUALIFIED ENERGY EFFICIENT APPLI- tion between supplier or provider and the by redesignating paragraph (9) as paragraph ANCES.— customer’s electric meter in support of time- (10) and by inserting after paragraph (8) the (1) IN GENERAL.—Paragraph (1) of section based rates or other forms of demand re- following new paragraph: 45M(f) (defining qualified energy efficient ap- sponse, ‘‘(9) SPECIAL RULE FOR TAXPAYERS WITH OIL pliance) is amended to read as follows: ‘‘(iii) provides data to such supplier or pro- RELATED QUALIFIED PRODUCTION ACTIVITIES IN- ‘‘(1) QUALIFIED ENERGY EFFICIENT APPLI- vider so that the supplier or provider can COME.— ANCE.—The term ‘qualified energy efficient provide energy usage information to cus- ‘‘(A) IN GENERAL.—If a taxpayer (other appliance’ means— tomers electronically, and than a specified oil company) has oil related ‘‘(A) any dishwasher described in sub- ‘‘(iv) provides net metering. qualified production activities income for section (b)(1), ‘‘(19) QUALIFIED SMART ELECTRIC GRID SYS- any taxable year beginning after 2009, the ‘‘(B) any clothes washer described in sub- TEMS.— amount otherwise allowable as a deduction section (b)(2), and ‘‘(A) IN GENERAL.—The term ‘qualified under subsection (a) shall be reduced by 3 ‘‘(C) any refrigerator described in sub- smart electric grid system’ means any smart percent of the least of— section (b)(3).’’. grid property used as part of a system for ‘‘(i) the oil related qualified production ac- (2) CLOTHES WASHER.—Section 45M(f)(3) is electric distribution grid communications, tivities income of the taxpayer for the tax- amended by inserting ‘‘commercial’’ before monitoring, and management placed in serv- able year, ‘‘residential’’ the second place it appears. ice by a taxpayer who is a supplier of electric ‘‘(ii) the qualified production activities in- (3) TOP-LOADING CLOTHES WASHER.—Sub- energy or a provider of electric energy serv- come of the taxpayer for the taxable year, or section (f) of section 45M is amended by re- ices. ‘‘(iii) taxable income (determined without designating paragraphs (4), (5), (6), and (7) as ‘‘(B) SMART GRID PROPERTY.—For the pur- regard to this section). paragraphs (5), (6), (7), and (8), respectively, poses of subparagraph (A), the term ‘smart ‘‘(B) OIL RELATED QUALIFIED PRODUCTION and by inserting after paragraph (3) the fol- grid property’ means electronics and related ACTIVITIES INCOME.—For purposes of this sec- lowing new paragraph: equipment that is capable of— tion, the term ‘oil related qualified produc- ‘‘(4) TOP-LOADING CLOTHES WASHER.—The ‘‘(i) sensing, collecting, and monitoring tion activities income’ means for any tax- term ‘top-loading clothes washer’ means a data of or from all portions of a utility’s able year the qualified production activities clothes washer which has the clothes con- electric distribution grid, income which is attributable to the produc- tainer compartment access located on the ‘‘(ii) providing real-time, two-way commu- tion, refining, processing, transportation, or top of the machine and which operates on a nications to monitor or manage such grid, distribution of oil, gas, or any primary prod- vertical axis.’’. and uct thereof during such taxable year. (4) REPLACEMENT OF ENERGY FACTOR.—Sec- ‘‘(iii) providing real time analysis of and ‘‘(C) SPECIFIED OIL COMPANY.—For purposes tion 45M(f)(6), as redesignated by paragraph event prediction based upon collected data of this section, the term ‘specified oil com- (3), is amended to read as follows: that can be used to improve electric distribu- pany’ means— ‘‘(6) MODIFIED ENERGY FACTOR.—The term tion system reliability, quality, and per- ‘‘(i) any major integrated oil company (as ‘modified energy factor’ means the modified formance.’’. defined in section 167(h)(5)(B)), and

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00080 Fmt 4634 Sfmt 0634 E:\CR\FM\A16SE7.027 H16SEPT1 jbell on PROD1PC69 with HOUSE September 16, 2008 CONGRESSIONAL RECORD — HOUSE H8211 ‘‘(ii) any entity in which a foreign govern- SEC. 853. TIME FOR PAYMENT OF CORPORATE ES- But in doing so, we have built in safe- ment holds (directly or indirectly)— TIMATED TAXES. guards. I repeat that: we have built in ‘‘(I) any interest which (by value or voting In the case of a corporation— safeguards. We do not undermine the (1) to which paragraph (1) of section 401 of interest) is 50 percent or more of the total of defense posture of this country and the such interests in such entity, or the Tax Increase Prevention and Reconcili- ‘‘(II) any other interest which provides the ation Act of 2005 applies, and Defense Department’s need to engage foreign government with effective control of (2) which had any significant income for in military operations in America’s wa- such entity. the preceding taxable year referred to in ters. ‘‘(D) PRIMARY PRODUCT.—For purposes of such paragraph from extraction, production, We protect national marine monu- this section, the term ‘primary product’ has processing, refining, transportation, dis- ments and sanctuaries, and we provide the same meaning as when used in section tribution, or retail sale, of any fuel or elec- for the consideration of the interests of 927(a)(2)(C), as in effect before its repeal.’’. tricity, the coastal marine and human environ- (2) CONFORMING AMENDMENT.—Section the percentage under subparagraph (C) of ment. And importantly, we are crack- 199(d)(2) (relating to application to individ- such paragraph (as in effect on the date of ing down on the incredible failure of uals) is amended by striking ‘‘subsection the enactment of this Act) is increased by 40 the Interior Department to ensure that (a)(1)(B)’’ and inserting ‘‘subsections (a)(1)(B) percentage points. Americans are getting paid a fair rate and (d)(9)(A)(iii)’’. The SPEAKER pro tempore (Mr. (c) EFFECTIVE DATE.—The amendments of return for the production of their, made by this section shall apply to taxable OBEY). Pursuant to House Resolution and I emphasize their, Federal oil and years beginning after December 31, 2008. 1433, the gentleman from West Virginia gas reserves and resources. These re- SEC. 852. CLARIFICATION OF DETERMINATION (Mr. RAHALL) and the gentleman from serves are not owned by Chevron or OF FOREIGN OIL AND GAS EXTRAC- Alaska (Mr. YOUNG) each will control Shell or by Exxon; they are owned by TION INCOME. 90 minutes. all Americans. They are owned by all (a) IN GENERAL.—Paragraph (1) of section The Chair recognizes the gentleman 907(c) is amended by redesignating subpara- Americans by birthright. graph (B) as subparagraph (C), by striking from West Virginia. Yesterday, another former Interior ‘‘or’’ at the end of subparagraph (A), and by GENERAL LEAVE Department official who was in charge inserting after subparagraph (A) the fol- Mr. RAHALL. Mr. Speaker, I ask of collecting Federal oil and gas royal- lowing new subparagraph: unanimous consent that all Members ties pleaded guilty to rigging bids. Last ‘‘(B) so much of any transportation of such may have 5 legislative days to revise week reports were released by the Inte- minerals as occurs before the fair market and extend their remarks and include rior Department’s Inspector General value event, or’’. which found ‘‘a culture of ethical fail- (b) FAIR MARKET VALUE EVENT.—Sub- extraneous material on H.R. 6899. section (c) of section 907 is amended by add- The SPEAKER pro tempore. Is there ure’’ in a division of the Minerals Man- ing at the end the following new paragraph: objection to the request of the gen- agement Service as part of what I be- ‘‘(6) FAIR MARKET VALUE EVENT.—For pur- tleman from West Virginia? lieve to be a burgeoning scandal. This poses of this section, the term ‘fair market There was no objection. is an agency that is supposed to safe- value event’ means, with respect to any min- Mr. RAHALL. Mr. Speaker, I yield guard one of the largest non-IRS eral, the first point in time at which such myself such time as I may consume. streams of revenue to the Treasury. It mineral— Mr. Speaker, the pending legislation, is almost like Teapot Dome all over ‘‘(A) has a fair market value which can be H.R. 6899, has as its additional cospon- again. determined on the basis of a transfer, which At the same time, Government Ac- is an arm’s length transaction, of such min- sors the gentleman from Texas (Mr. eral from the taxpayer to a person who is not GENE GREEN), the gentleman from Cali- countability Office reports were re- related (within the meaning of section 482) to fornia (Mr. GEORGE MILLER), and the leased that found that the United such taxpayer, or gentleman from Michigan, the dean of States receives one of the smallest ‘‘(B) is at a location at which the fair mar- the House, Mr. JOHN DINGELL. shares of oil and gas revenue in the ket value is readily ascertainable by reason My colleagues, today we stand at a world. Think about that. We receive of transactions among unrelated third par- crossroads, and the two paths before us one of the smallest shares of oil and ties with respect to the same mineral (tak- gas revenues of any country in the ing into account source, location, quality, are crystal clear. Those of us supporting the pending legislation bring world. and chemical composition).’’. The reports also found that Federal (c) SPECIAL RULE FOR CERTAIN PETROLEUM with us the new-age conviction that in oil and gas leases are not being dili- TAXES.—Subsection (c) of section 907, as order for this Nation to be truly se- amended by subsection (b), is amended to by cure, we must bridge the gap between gently developed. We on this side of the aisle have been saying that for months. adding at the end the following new para- our addiction to oil, to a future empow- Production is only occurring on 12 per- graph: ered by more secure, safe, and reliable ‘‘(7) OIL AND GAS TAXES.—In the case of any cent of offshore leases and 5 percent of sources of power, that we must shatter tax imposed by a foreign country which is onshore leases. And as I have been the shackles of the past and remove limited in its application to taxpayers en- bringing to light through a number of the bonds that have placed such a bur- gaged in oil or gas activities— hearings held by the Natural Resources den on the American people and on our ‘‘(A) the term ‘oil and gas extraction taxes’ Committee, the Interior Department is shall include such tax, security as a Nation. unable to provide certainty that com- ‘‘(B) the term ‘foreign oil and gas extrac- The other path is less enlightened. It panies are paying the royalties owed to tion income’ shall include any taxable in- carries with it the belief that a subser- the American people, a culture of eth- come which is taken into account in deter- vience to the policies of the past can mining such tax (or is directly attributable ical failure, indeed. to the activity to which such tax relates), sustain the country in the years and The legislation before us contains and decades ahead. It would sacrifice Amer- bold initiatives to crack down on this ‘‘(C) the term ‘foreign oil related income’ ica’s energy security on the altar of legacy of abuse. It would require the shall not include any taxable income which Big Oil’s profits and its profiteering. diligent development of Federal oil and is treated as foreign oil and gas extraction The choice is quite clear. gas leases, require that prompt, trans- income under subparagraph (B).’’. Before us today is landmark legisla- (d) CONFORMING AMENDMENTS.— parent and accurate royalty payments tion that would, for the first time since are made, and would tackle the ethical (1) Subparagraph (C) of section 907(c)(1), as 1982, sweep away moratoria precluding redesignated by this section, is amended by failures occurring at the Interior De- inserting ‘‘or used by the taxpayer in the ac- oil and gas leasing in much of the Fed- partment. Leading the vanguard in our tivity described in subparagraph (B)’’ before eral waters off America’s coastlines. march to a more energy self-reliant the period at the end. As a result of the pending measure, and secure future is this legislation’s (2) Subparagraph (B) of section 907(c)(2) is roughly 85 percent of all oil on the establishment of a strategic energy ef- amended to read as follows: Outer Continental Shelf will be avail- ficiency and renewable reserve. ‘‘(B) so much of the transportation of such able for production. We are opening up minerals or primary products as is not taken to 400 million acres off the Atlantic b 1700 into account under paragraph (1)(B),’’. (e) EFFECTIVE DATE.—The amendments and Pacific Coasts to drilling. We are This initiative would finance the de- made by this section shall apply to taxable expanding the availability of oil by at velopment of renewable and alter- years beginning after the date of the enact- least 2 billion barrels of oil, enough to native energy technologies, provide in- ment of this Act. power 1 million cars for 60 years. creased assistance for low-income

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00081 Fmt 4634 Sfmt 0634 E:\CR\FM\A16SE7.027 H16SEPT1 jbell on PROD1PC69 with HOUSE H8212 CONGRESSIONAL RECORD — HOUSE September 16, 2008 home energy and weatherization pro- problems for the commuter who has to of America. A little provision says you grams, and advance carbon capture and go to work. And Mr. and Mrs. Com- can’t export any of this oil to overseas. storage, among other items. And we muter, if you think this bill today that We’re not exporting oil, we’re con- are dedicating over $6 billion to this came out of this leadership on that side suming it. But we’re consuming most fund over the next 10 years. produces one bit of relief to you as you of our oil from overseas, paying the All of the above. All of the above. drive to work, don’t believe it. Go see foreign countries the oil prices today How often have we heard that in this Peter Pan. That’s all this bill is. because you have not come to this debate? All of the above. It is here my It has nothing in there to produce en- floor, not one hearing in our com- friends: oil, natural gas, oil shale, ergy. In fact, it probably will drive mittee on this issue. wind, solar, coal energy efficiencies down the ability to produce energy. It This bill was written in the mid- and energy conservation. will help foreign countries. night. I shouldn’t say the midnight, As I noted earlier, today we are at a I just heard my chairman talk about the midnight sun. I would say it was crossroads. The difference is clear be- Big Oil, how bad Big Oil is, and put the written in the darkness of night. And tween those of us supporting this meas- blame on Big Oil. Where do you think introduced last night, had the rule last ure and some of those on the other side you’re getting your oil today as you night, 500 pages. I have read it, and it of the aisle who have been trumpeting put it in your tank? From Saudi Ara- produces nothing. their bumper sticker ‘‘drill here, drill bia, Venezuela, Chavez, foreign coun- You can get more energy out of this now’’ approach to our serious energy tries that have control of us right now. bill, ladies and gentlemen, if you take situation. We ought to be talking about that. all the copies of the bill and put it in They would open up everything to Forget talking about Big Oil, because a bonfire. And that is not good for this Big Oil. Perhaps some of them would this body, and I’ve said it before on House of this Nation. You had the op- even open up the National Mall if they this floor of the House, both sides of portunity. could to drilling rigs. They would give the aisle have not seized the ability to Now, I don’t understand, really, why away the store, no accountability, no solve the energy problem by developing anybody would support this legislation safeguards, no expectation of a return fossil fuels. at all because we’re committing some- in terms of energy or revenue. Coal. There’s nothing in this bill thing wrong to the American people. We, on this side, instead, seek to pro- about coal to liquification or gasifi- We had a chance. I see people from oil-producing tect America’s interests in American cation. There’s nothing in this bill States over on that side. Why did you resources. Make more Federal oil and about nuclear power. There’s nothing buy into the concept we wanted to gas available to drilling? Yes. That’s in this bill that produces any energy. bring a bill to the floor that does noth- what we’re doing in this bill. But we’re In fact, this bill takes land that’s open ing but say I helped develop more oil doing so in a manner that safeguards now and closes it, and take lands that when it doesn’t do it? our environment, ensures the diligent was closed and opens it, but it happens If you believe that, you would have development of those energy resources, to be 50 miles offshore. Any oil in be- let us have this bill, 2 weeks, 3, 4 weeks and demands that the American tax- tween there can’t be developed. ago, but you didn’t because you know And by the way, my good friends, if payer gets a fair return. Royalties due, when it finally gets out to the public any State contiguous to decides not to royalties paid. and they start understanding what’s Mr. Speaker, I reserve the balance of have it drill 50 miles and out they can occurring, that the public will under- my time. say no, and they will say no because stand, yes, it was a sham. Mr. YOUNG of Alaska. Mr. Speaker, I there’s no revenue sharing in this bill. And I’m tired of politics on oil in this yield myself as much time as I may None. body. We have a Speaker that believes It is probably the best way to call consume. that we have to save the planet be- (Mr. YOUNG of Alaska asked and was this bill the Venezuela, Russian, Mid- cause we can’t burn any more fossil given permission to revise and extend dle East Oil Production Act, because fuel. If that’s the case, then let’s admit his remarks.) you’re protecting the foreign countries it. I believe this is what she believes, Mr. YOUNG of Alaska. Mr. Speaker, under this legislation. and I think that’s sad. and my colleagues, I rise in the strong- I don’t know why I’m getting worked I believe we ought to say, okay, we est possible opposition to this ill-con- up about it because we all know this is do have to have fossil fuels and we can ceived, if it was conceived at all, legis- a political gimmick. It’s never going to develop the other forms of energy but lation. go anywhere. It’s not going to become it takes time. We need that bridge. I don’t know how many of you ever law. But it will give some people cover This bill doesn’t do that. saw the Peter Pan story, the movie, or to say, I voted for more drilling and So we’re going to come back here even read it. This is a Peter Pan story. more production. This bill does not do next year, the public will be hood- You know, they have the imaginary that. winked. The public will have high bowls, the bowls that were not imagi- It will increase energy costs. And I’m prices again, nothing will be done. nary but they were empty, and they a little concerned on both sides of the If we’re really wise, we’d take this convinced Peter Pan, Robin Williams, aisle again because oil has dropped bill today, totally defeat it, send it to use his imagination and the bowls down to $93 a barrel today. You know, back and work across the aisle for the will be full of food. if that would have happened last year American people, work across the aisle And this is what you’re doing today, we would have said, my God, the for solutions that would no longer have Mr. Chairman, and the people that world’s coming to an end. Oil went to the yoke not of Big Oil around our wrote this bill, who we do not know $93. But it was $145, and we are being necks, the yoke of the foreign coun- who did write it. Use your imagination. lulled into this type of legislation say- tries that took those billions of dollars. We’re going to have the oil for every- ing we’re going to solve the problem The largest transfer of American thing because this bill produces oil. and nothing is occurring to solve the wealth in history occurred because this It produces nothing. This is a Peter problems of the American consumer. body didn’t act correctly and did not Pan story. It’s a figment of the imagi- We’re right where we were last year develop the resources so we wouldn’t nation. It is a political gimmick. It is and the year before that, and that’s have to transfer that wealth overseas, a sham on the American people. wrong. and we did it. Shame on this House, that the cour- It does leave out ANWR. I wasn’t So we have a responsibility to defeat age wasn’t there for the leadership to going to bring up that, but the closest, this legislation. It was conceived in the go on both sides of the aisle, listen to quickest way to produce a million bar- dark. Who the father is, I do not know. those that have some expertise in this rels a day to the United States was to But we do know it’s not legitimate. problem we are facing today, the high open ANWR. No, we left that out. Can’t I reserve the balance of my time. cost of energy, and work together and happen. A million barrels a day for the Mr. RAHALL. Mr. Speaker, I yield pass an energy solution to a problem next maybe hundred years, for the myself 1 minute. that produces not only fossil fuels but American consumer. Every barrel I would note to the gentleman that other forms of fuel, that solves the would have gone to the United States just spoke, the minority, when they

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00082 Fmt 4634 Sfmt 0634 E:\CR\FM\K16SE7.102 H16SEPT1 jbell on PROD1PC69 with HOUSE September 16, 2008 CONGRESSIONAL RECORD — HOUSE H8213 were in power, tried very hard writing or heating our homes or running our This is hundreds of millions more acres that bills late at night, so nothing should vehicles or running our industry. are directly opened than in the Senate’s surprise them as far as the timing of All sides of this debate can no longer ‘‘Gang of 20’’ proposal, or in Senate Repub- this bill. insist my way or the highway approach lican Leader MITCH MCCONNELL’S ‘‘Gas Price I yield, Mr. Speaker, 3 minutes to the to energy. We need all energy sources, Reduction Act’’, which has the support of 44 distinguished gentleman from Texas both conventional and renewable, and Republican Senators. (Mr. GENE GREEN), a very important everyone must be willing to sacrifice Most importantly, we use the revenues from champion of this bill and cosponsor of to reach a common good. oil and gas production to transition America to the legislation. I personally have questions about a clean energy future. Mr. GENE GREEN of Texas. Mr. this, some of the things in this bill. Our bill will create a fund to invest in clean Speaker, I rise in strong support of But again, this is the first step. Why renewable energy, energy efficiency, the Land H.R. 6899, the Comprehensive American would you kill it right now when we and Water Conservation Fund, carbon capture Energy Security and Taxpayer Protec- still have to work with the Senate and sequestration, and the Low-Income Home En- also get a bill passed that the Presi- tion Act. ergy Assistance Program. dent will sign? I don’t know why my Republican col- And we extend many of the critical tax cred- So this is the first time we’re open- leagues can’t take yes for an answer. its for wind, solar, and other renewable energy We are opening up over 305 million ing this much Outer Continental Shelf drilling in the Democratic majority sources that expire this year. acres. Now, granted, it’s a compromise. While I believe it’s also fundamental to allow But when you were in charge, we House of Representatives. Maybe it’s just response to say no to everything states to share in any offshore revenues, opened up 8 million acres in the east- that comes up because we’re doing it ‘‘pay-go’’ rules require any revenue sharing- ern Gulf of Mexico. I’d like to open up many, many times more than what provisions to be offset—whether it’s included more, but, again, like you had to make they did when they had the majority. in this legislation or any other OCS proposal. compromises, we have. But for the first Our legislation improves on the origi- Mr. Speaker, our legislation isn’t perfect. But time we’re going to open up more nal H.R. 6 from last year, at least freez- we cannot make the perfect the enemy of the Outer Continental Shelf opportunity ing independent oil and natural gas good. Let’s pass this bill and for the first time than anytime in history, even under producers at their current section 199 a Democratic Congress. years of Republican House control, manufacturing. It removes the arbi- Our constituents, and our Nation, can no Senate control and the President. trary proposals for raising royalty. longer wait for Congress to act on a balanced I support opening ANWR, but that There was a proposal to go to 21 per- energy policy that will provide the conventional didn’t happen even when the Repub- cent. This administration already in- energy we need to fuel our economy and to licans were in control. creased it to 16 percent. But we don’t develop the clean energy sources of tomor- The royalty share, I’d love to share need to go to 21. It retains account- row. royalties with our States who allow ability for the tainted royalty in kind I urge my colleagues to support the Rahall- drilling, but CBO won’t let us. Maybe that I support. Green-Miller legislation, and I yield back the the Senate will bring up that point. Mr. Speaker, I will place the remain- balance of my time. But I don’t know why we can’t take der of my statement into the RECORD, Mr. YOUNG of Alaska. Mr. Speaker, I yes for an answer. If you want to drill but let me just say one last thing. yield myself 1 minute. in our country, this is the bill. Now, if The SPEAKER pro tempore. The gen- Again, I have great respect for my you want a political issue that you tleman’s time has expired. friend from Texas, and I understand think you’ll ride into the November Mr. GENE GREEN of Texas. Presi- the pressure he’s under. election on like you tried in August, dent Bush waited 71⁄2 years to eliminate But just think for a minute. There’s which was more theatrics than any- the executive moratorium. And the no real offshore exploration in their thing else then vote ‘‘no.’’ But I’ll tell Democratic Congress has only taken bill. There’s no renewables in their bill. you what, the American people are 11⁄2 years. There’s no oil shale in their bill. Of going to see this for what it is. And it’s It improves the management of the Strategic course there’s no ANWR in their bill. a comprehensive bill that will go for- Petroleum Reserve—an idea first offered by There’s no nuclear in their bill. There’s ward. my good friend from Texas, NICK LAMPSON— no clean coal to coal to liquids in their We’re going to invest that royalty by allowing a swap for heavy crude which bill. There’s no new refinery capacity into renewable energy research. I don’t could immediately lower prices for consumers. in their bill. think it’s economically feasible now, Most dramatically, our proposal will help uti- but we need to get there. But we’re lize our own domestic oil and natural gas re- b 1715 going to produce domestically, and sources in the Outer Continental Shelf. There is no electricity price hike send that message to the world which, Our legislation incorporates many of the off- control in their bill. And most of all, you know, maybe a bill on the floor has shore drilling provisions I and other ‘‘Energy there is no lawsuit reform in their bill. helped us with that oil prices going Democrats’’ first introduced in the LEASE Act This bill is, in fact, a ‘‘no’’ bill: no down every day per barrel. by directing the immediate opening of all energy, no energy, no energy. I want to thank my esteemed col- areas beyond 100 miles off our coasts. Mr. Speaker, at this time I ask unan- leagues, Chairman RAHALL, Chairman That’s over 305 million acres in the OCS imous consent that the gentleman that are automatically opened for oil and nat- MILLER and Chairman DINGELL, as well from Texas and the ranking Republican ural gas leasing. as Speaker PELOSI and Majority Leader on the Energy and Commerce Com- States are also given discretion to ‘‘opt-in’’ HOYER and the entire Democratic Cau- mittee be allowed to control 21 minutes to additional drilling from 50 to 100 miles off cus for working together to craft legis- of the general debate time. their coasts estimated at an additional 90 mil- lation that our majority, our Congress The SPEAKER pro tempore. Is there lion acres for production. and our country can be proud of. My friends from the other side of the aisle objection to the request of the gen- Now, I know some of my friends in will argue this bill does not open up enough tleman from Alaska? Congress and maybe the energy indus- acreage offshore. There was no objection. try and the environmental community In some instances, as in the Eastern Gulf of Mr. BARTON of Texas. I would recog- may be asking themselves one ques- Mexico, I agree. nize myself, Mr. Speaker, for 31⁄2 min- tion: ‘‘How in the world can an unholy But let’s not forget one fact: during the utes. alliance of GREEN, MILLER and RAHALL height of Republican rule, under both a Re- Members of the House, we have be- ever come together to introduce a com- publican President and Congress, Republicans fore us a bill that proclaims to be one prehensive energy plan. The answer is were only able to direct the opening of 8.3 mil- thing but which is, in reality, some- very simple. America’s energy needs lion acres for leasing in the Gulf of Mexico. thing entirely different. My good friend demand it. We need to do what’s envi- President Bush after almost 71⁄2 years in office from Texas, the Honorable GENE ronmentally good, but we also need to removed the Presidential moritorium. GREEN, whose district has just been hit make sure we can keep the prices of Today, Democrats are directing the opening so hard by Hurricane Ike, made the our current fuel costs low, and whether of over 305 million acres with state concur- point that under Republican majorities it’s for lighting our homes or cooling rence. we only opened—his term was 8 million

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00083 Fmt 4634 Sfmt 0634 E:\CR\FM\K16SE7.103 H16SEPT1 jbell on PROD1PC69 with HOUSE H8214 CONGRESSIONAL RECORD — HOUSE September 16, 2008 acres and this bill pretends to open 300 in floor debates in prior Congresses overcoming the objections of the auto million so it’s a better bill. where we tried to do mandatory drug and oil industries and the Republicans Well, I would point out that if we put testing, and huge majorities of the cur- in Congress and the White House. And in the bill that you can drill anywhere rent majority opposed that. we passed one bill after another to im- in the Pacific Ocean beyond 200 miles So, again, we’ve got a flawed process; prove America’s energy policy to ex- or anywhere in the Atlantic Ocean be- we have a flawed bill. What we have is pand wind, solar, and other renewable yond 200 miles, which is the inter- a title that pretends to be one thing energy sources, to increase the effi- national limit, that we could claim to and the substance of the bill is some- ciency and conservation, to curb specu- open up for exploration literally bil- thing else. We should vote this down lation and energy markets, and to re- lions of acres. and go back and have a bipartisan lease oil from the Strategic Petroleum The point is we don’t have the tech- process. Reserve, and to recoup tens of billions nology in many cases to utilize that. With that, I reserve the balance of of dollars that oil companies have un- And in any event, there is no prohibi- my time. fairly taken from the taxpayers as tion now. Mr. RAHALL. Mr. Speaker, I yield they’ve exploited the taxpayers’ re- What we need to do is have an energy myself 1 minute. sources on our public lands. development bill for America that It’s interesting to note that the gen- Every bill we passed was opposed by makes it possible to develop the energy tleman from Texas has just spoken a majority of the Republicans in Con- resources where we think we have the about that we should have a straight gress and by President Bush. And at highest probability of actually finding up-or-down—or, I’m sorry, that we the end of all of their objections, gas and developing, in an environmentally should have amendments, that he’s rose to $4 a gallon. Think how different and economically safe fashion, those complaining about the closed rule as this debate would have been if in the resources. This bill doesn’t do that. It other Members on that side have. Yet previous decade when the Republicans simply doesn’t do that. their mantra over the last several controlled this House and the 8 years I would have liked in prior Con- months has been, Let’s have a straight when they controlled the White House gresses when I was chairman of the En- up-or-down vote; let’s have a straight and the Congress if they had pushed ergy and Commerce Committee or sub- up-or-down vote. I would say that’s forward on energy in those days. Think committee chairman of the Energy and what we’re getting to before this how different the automobile industry Air Quality Subcommittee to have evening is over with. would have been today had they not opened up more of our domestic energy I would note also the lack of hearings caved in to the oil industry and the resources. But in those Congresses, we to which we’ve been charged. This en- auto industries and moved those stand- literally didn’t have the votes. We did ergy debate has gone on ad infinitum ards. But no, it took 30 years, and we have debate on the floor, we had on numerous pieces of legislation, did it in this Congress with the Demo- amendments offered, we had an open often bills having nothing to do with cratic leadership. Think how different this discussion process in committee and on the floor; energy, during 1-minutes, during Spe- would be on renewables and alter- but in some of those cases, we lost cial Orders. Even when the House was natives if the Republicans had chosen those votes. not in session, the other side had their that. But no. Every time they brought This bill, we’re not allowed to even energy debate. an energy bill to the floor, they looked have the amendment. I offered a num- So I would say there are various to the past. They said that we could ber of amendments to the Rules Com- parts of this bill that have passed the drill our way out of this problem, we’re mittee last evening, and they were not House before, have been debated on ad just another drop of oil away from the made in order. This is a closed rule, infinitum in committees and/or on this problem. And at the end of that decade, you know. Why not have this as the floor. So there is really nothing new in we ended up more dependent upon for- base text and then have a number of this piece of legislation, and it’s a eign oil than at any other time in our amendments to see what the will of the piece of legislation that has been de- history. House is? That would be a fair process. bated over and over. So that’s why we’re here today. We’re This is not a fair process. Mr. Speaker, I yield 3 minutes to the here to help consumers, to drive down When the first title, section 101 of distinguished chairman of our Edu- the price of energy, to expand the en- your bill, is a title called ‘‘Prohibition cation and Labor Committee, the gen- ergy resources in this Nation that are on Leasing’’ and in the very first para- tleman from California (Mr. GEORGE available to all consumers all across graph, notwithstanding any other pro- MILLER), and also a cosponsor of this the country, and to create good Amer- vision of the Outer Continental Shelf legislation. ican jobs in the process of doing that and several other laws, no leasing shall Mr. GEORGE MILLER of California. and to put us on that path to energy be allowed unless expressly authorized I thank the chairman for yielding and independence and to greater diversity in this bill itself, that’s not a pro-en- thank him for bringing this legislation in our sources of energy. ergy development bill. That’s not a to this floor. I’m honored to be a co- We are not going to succumb to the pro-energy development bill. sponsor of this legislation along with old interests that tell us we have to So this is a bill that pretends to be Mr. RAHALL and Mr. GREEN. continue to give away the public’s re- one thing, Mr. Speaker, but in actu- I rise in very strong support of this sources and not provide the royalties ality is something completely dif- comprehensive, forward-looking bill that the public is entitled to, that the ferent. If we had any kind of a regular that will provide relief at the pump, public, with all due respect, in most process where the bill went through create good jobs here in America, and every other nation in the world gets the gentleman’s committee, the Re- finally put our Nation on a path toward when they give their resources to be sources Committee and the Ways and a clean and more independent energy exploited. Means Committee and the Energy and future. Surely that is something that We’re going to stop the days of the Commerce Committee and the Agri- we could all support. royalty holidays, royalty holidays for culture Committee and the Science Americans understand the problem. oil companies that are making record Committee so that we had these issues Our Nation is addicted to oil. Con- profits because of their record inge- vetted, that would be a different thing. sumers are paying record prices to heat nuity and their skill and their talent. This is a 290-page bill. Nobody knows and cool their homes and to drive their But the fact of the matter is there is what is in the bill in its entirety. None cars and trucks. Global warming is no royalty holiday for the ratepayers, of this has been vetted. I think it will real; it’s serious and a growing prob- for the people paying at the pump, for come as a surprise to some Members of lem. Meanwhile, oil companies are people trying to heat and cool their the majority that you have mandatory making more money than ever before. homes. And that’s why this legislation random drug testing in this bill. I don’t That’s why Democrats made energy a must pass because this legislation know that everybody on the majority top priority when we took back the speaks to the future, to a sustainable side—I happen to think that’s one of House and Senate last year. and renewable energy policy for this the few good things in the bill. But it We raised auto fuel economy stand- country for the first time in over a dec- is in the bill. Now, I have participated ards for the first time in a generation, ade.

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00084 Fmt 4634 Sfmt 0634 E:\CR\FM\K16SE7.105 H16SEPT1 jbell on PROD1PC69 with HOUSE September 16, 2008 CONGRESSIONAL RECORD — HOUSE H8215 Mr. BARTON of Texas. Mr. Speaker, final form. The Senate needs to vet its right direction, this measure. We need I want to yield 2 minutes to a member efforts, and the President needs to to move forward to take a closer look of the Energy and Commerce Com- weigh in, and therefore it needs more at how we come together in a bipar- mittee, Congresswoman BLACKBURN of work, in my opinion. tisan effort in that comprehensive en- Tennessee. I do appreciate, though, the Speak- ergy package. The American public de- Mrs. BLACKBURN. Mr. Speaker, I er’s efforts on this bill. And I do hope mands that we do this. Our economy thank the gentleman from Texas for to continue to support her efforts as we requires that we do this. yielding the time. look at the compromise, the bipartisan We are going to have a transfer of You know, this has been such an in- compromise, that will continue to im- $750 million in wealth this year just to teresting discussion that we have car- prove this measure. pay for our energy price tag. For all ried forth on this bill. It has lasted for In its current form, however, it those reasons, I urge my colleagues to weeks. And finally the majority de- doesn’t provide some of the comprehen- vote for this measure, even though you cides they’re going to do something sive efforts and solutions that existed don’t like some of the elements in this about it. But you know, it really is a in the measure that Congressmen measure, as I don’t believe some of the bait-and-switch-type issue with the ABERCROMBIE, PETERSON, and others elements in this measure are pointed American people because the American worked on in a bipartisan effort; and I toward that comprehensive effort. people are for drilling on American soil want to thank them, Representatives But I want to commend my col- for American energy resources because ABERCROMBIE and PETERSON, for their leagues, Chairman RAHALL, Chairman they want to move to energy independ- hard work. Six weeks we worked in MILLER and Chairman GREEN, for their ence. They want to lower the price at June and in July to form the bipar- willingness to compromise. I want to the pump. And the bill that we have in tisan compromise effort otherwise continue my efforts across the aisle front of us is not going to do that. known as the National Conservation with Congressman PETERSON and oth- Indeed, Mr. Speaker, if you get into Environment and Energy Independence ers who are part of that bipartisan ef- section 101 of this bill, what is it that Act, H.R. 6709. fort. That’s what we need to do, that’s you find right out of the gate, right what the American public expects, and b 1730 from the start, what is it that the ma- that’s why I’m voting for this measure. jority wants to do? And now bear in The differences between that effort I thank the chairman. Mr. BARTON of Texas. Mr. Speaker, mind this bill never came to the En- and this are the following: I yield 1 minute to the gentleman from ergy and Commerce Committee. It First, the bill prohibits drilling with- Oklahoma (Mr. LUCAS). didn’t go to the Energy Subcommittee. in 50 miles of the coast, which, in my opinion, puts a lot of our most prom- Mr. LUCAS. Mr. Speaker, I come be- The 290 pages of this bill was dropped fore you today to address the major- in the dark of night last night and ising areas off-limits in terms of the Outer Continental Shelf. ity’s so-called energy package. I find brought to the floor today. the name odd, considering it contains But in section 101 of the bill, what do Second, by not allowing revenue sharing with States, as we do with almost no energy provisions. Instead, you have? Putting permanently off- it serves as political cover, an empty limits some of the richest reserve areas Texas, Louisiana and Mississippi, I think it makes it less likely that offering to the American people before in the Outer Continental Shelf. the November elections. After all, it So it’s like that situation where you States will opt in to leasing, even between the 50 and 100 miles. contains no language to build new nu- want to give a little and take a lot, clear power plants or oil refineries. which is not appropriate when we have Third, the bill doesn’t directly tie the new royalties generated to funding for And while it claims to allow offshore the price of gas in our States at all- drilling, it actually keeps 88 percent of renewables and energy efficiency. So it time record highs today. offshore oil reserves under lock and doesn’t provide the same benefits that Other things that it does not do is to key. address renewables without tax hikes. we have in H.R. 6709, although there The American people want real ac- If you want renewables, run the taxes are some PAYGO issues there. I think tion and meaningful solutions that in- up, is what the majority says, what the they are workable. I think we can get clude an increase in American-pro- Democrats say. Oil shale exploration? this measure out. I think we can work duced energy. The American Energy Not going to do that. Arctic coastal with them in the Senate. Act, on the other hand, will open all of plain, ANWR? Not going to do that. The bottom line is that we need to our vast natural resources, allowing oil If you want nuclear—in TVA and use all the energy tools in our energy exploration offshore and in ANWR. It Tennessee, we’re looking at a 20 per- toolbox. That includes both coal se- assists in the building of new oil refin- cent electric rate hike. But this bill questration, as well as new advances in eries and nuclear power plants, and ex- would make it more difficult for ex- nuclear power that doesn’t put it in tends the tax credits to encourage panding nuclear. There’s nothing in Nevada. more investment and research into there for emission-free nuclear. And we We talk a lot about the urge to put wind and solar energy. know that our rates are going up 20 an Apollo-like program together. We This is the all-of-the-above energy percent. We know that moving from do. We do need to do that in a bipar- solution that the American people have hydroelectric to nuclear is an impera- tisan effort. But sometimes people for- been asking for. I implore my col- tive for us. get that in the Apollo program, we had leagues to listen to the American peo- I encourage my colleagues to vote the Mercury program so that men ple. Bring the real energy bill to the this bill down and vote for the Amer- could go into space. We had the Gemini floor for a vote. ican Energy Act, all-of-the-above. project that showed that you could Mr. RAHALL. Mr. Speaker, I am very Mr. RAHALL. Mr. Speaker, I yield 4 dock and you could spacewalk before honored to yield 1 minute to the distin- minutes to the distinguished chairman we got to Apollo. guished dean of the House and cospon- of our Subcommittee on Energy and The goal is to reduce our dependency sor of the pending legislation and Mineral Resources, an individual who’s on fossil fuels, reduce our dependency chairman of our Energy and Commerce helped us a great deal in the drafting of on foreign sources of energy. We can’t Committee, Mr. DINGELL of Michigan. this legislation, the gentleman from get there overnight. We need to have Mr. DINGELL. Mr. Speaker, I rise in California (Mr. COSTA). this Apollo-like program that uses our support of the legislation. I rise to Mr. COSTA. Mr. Speaker, I want to current energy resources here in Amer- commend and express my great respect thank Chairman RAHALL, Chairman ica to finance the renewables that will for the distinguished gentleman from MILLER, and Chairman GREEN for all bridge the gap. That’s what we need to West Virginia (Mr. RAHALL), chairman their hard work and their continuous do. of the Committee on Natural Re- efforts to try to ensure that we deal It’s my hope that the provisions of sources, and also to my colleague Mr. with America’s energy crisis today. our previous measure can be incor- GREEN, a valuable member of the Com- I rise in support of the passage of porated into this bill as we work mittee on Energy and Commerce. H.R. 6899, but I view this bill as a work through the legislative process, as we They, working with the Speaker, in progress. Obviously it’s not in its should do. But I think it’s a step in the have come forward with a good bill,

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00085 Fmt 4634 Sfmt 0634 E:\CR\FM\K16SE7.107 H16SEPT1 jbell on PROD1PC69 with HOUSE H8216 CONGRESSIONAL RECORD — HOUSE September 16, 2008 one which is going to move this coun- Fourth, our national security. Many install natural gas refueling stations in try forward in terms of reducing our of these oil producing countries are their homes and creating more natural dependency on foreign oil and increas- threatening the United States. Iran gas pumps at gas stations across the ing our utilization and development of uses oil money to fund missiles and nu- United States. more of our own domestic natural re- clear weapons and supplies bombs to In my home State of Oklahoma, we sources. attack our troops. Russia invades have a long and proud legacy of leader- This bill achieves the delicate bal- Georgia, threatens the Ukraine, threat- ship in providing our Nation with reliance between the need for increased ens Poland, and sends bombers to Ven- able energy. The energy industry in production, aggressive conservation, ezuela. Oklahoma is one of the largest private and a greater use of renewable energy, We must drill for our own abundant employers in my State, providing eco- a path that this Congress has estab- oil as a means to end our dependence nomic opportunity to Oklahomans and lished in last year’s energy bill, and as on foreign oil, but this bill cuts off 90 a sense of purpose in helping our Na- I would note for my colleagues, we will percent of U.S. oil off our coasts, which tion meet its energy needs. be in business again next year. Last means we cannot use that energy to In my congressional district, we have year, we did something. The year be- help our country. seen counties where unemployment fore, in the prior Congress under the Americans understand: We cannot rates stood between 10 and 15 percent leadership of my Republican col- tax away the independence. We cannot year after year, now are reporting leagues, we passed legislation which cut off our energy as a way to inde- rates below 2 percent because of the en- also increased production. Next year, I pendence. We can and should use our ergy industry. That is the type of eco- assure you that when we confront the oil, use our coal, use our nuclear en- nomic prosperity that the natural gas business of this Congress in the new ergy, use our innovation and use con- provisions in this bill could bring to Congress, we will again move forward servation to be energy independent. many other places across the United on legislation. This is not a static mat- That comprehensive solution is what States. ter. It is something which goes forward we have to have. That’s not what we It’s been said that natural gas is the bridge that will allow us—and you see in an intelligent process, thoughtfully have yet. this in the Boone Pickens ads—that led by people like my good friend from Mr. RAHALL. Mr. Speaker, I yield will allow us to reach domestic energy West Virginia (Mr. RAHALL). myself 30 seconds. Again, I commend my colleagues who I’m glad the gentleman from Alaska independence and a future of renewable have worked on this legislation. I rec- has returned to the floor and reclaimed energy. Mr. Speaker, the natural gas provisions in this legislation will build ognize that it has more to be done, but managing on his part. I hope he’s been that bridge. there’s always business to be done back in the cloakroom speaking to his It’s been an honor to work closely Governor, Sarah Palin, and urging her around this place. with my friend and colleague Rep- I urge the adoption, and again, I com- to speak with his Presidential nomi- resentative RAHM EMANUEL to make mend my friend Mr. RAHALL and his nee, JOHN MCCAIN, in regard to opening sure that the provisions of our natural colleagues on the committee for the up ANWR, since the gentleman is so gas vehicle bill were included in this superb job they have done on this legis- anxious to open up ANWR. I would note legislation. lation working with our distinguished that his Presidential nominee is op- In addition to natural gas, I’m also Speaker. posed opening ANWR as well. supportive of the expansion of coastal Mr. BARTON of Texas. Mr. Speaker, This legislation, however, increases drilling. It is another critical step to- I yield 2 minutes to a member of the domestic oil production in Alaska by ward reducing our dependence on for- Energy and Commerce Committee, Mr. mandating annual lease sales in the eign oil and ultimately lowering gas MURPHY of Pennsylvania. National Petroleum Reserve which has prices. Mr. TIM MURPHY of Pennsylvania. more than 10 billion barrels of oil, I have long supported expanded off- Mr. Speaker, the American public more oil than the Arctic Wildlife Ref- shore drilling, as well as drilling in wants real solutions to this energy cri- uge. ANWR and everywhere else domestic sis. Unfortunately, what we’re voting Mr. Speaker, it’s my honor to yield 4 energy can be found. It is my hope that on today is not a real solution. It’s a no minutes to a very distinguished mem- as we move forward we can work to- drill bill. ber of our Committee on Natural Re- gether to increase domestic drilling op- Our country’s security is threatened sources, the gentleman from Oklahoma portunities in future legislation. in four ways. One is family security. (Mr. BOREN). While I support this bill before us With the price of natural gas and food The SPEAKER pro tempore. The gen- today, I do have concerns about several on the increase, families can’t afford tleman from Okmulgee is recognized provisions, including the repeal of im- the next loaf of bread, the next gallon for 4 minutes. portant energy tax incentives, the in- of milk, the next tank of gas or the Mr. BOREN. Thank you, Mr. Speak- crease of royalty fees, as well as the so- heating bill for their homes. er. We’re proud that you were born in called use-it-or-lose-it requirement. Two, job security. As we continue to Okmulgee, Oklahoma. I also feel that the renewable elec- rely on OPEC countries for oil, we are Mr. Speaker, I rise today to join my tricity standard included in this bill refusing to create jobs here. Consider colleagues in support of the Com- could very well be an unrealistic man- this: One oil refinery during construc- prehensive American Energy Security date as it is written currently. tion would be 8,000 jobs and then an- and Consumer Protection Act. That’s a I look forward to working with my other 1,800 during its use. Oil and nat- long name. This legislation represents fellow colleagues to address these con- ural gas exploration employs nearly an investment in America’s future that cerns in the future, but at the end of 386,000 workers. We could double or tri- will reduce our dependence on foreign the day, I support this legislation be- ple this number if we drill for more oil. oil, develop our domestic energy re- cause it represents a critical turning Indirect incomes in other industries resources, and lower energy costs for point in our Nation’s energy future. sulting from this gas activity can sup- American families. Today is the day we begin to open our port another 4 million jobs, and this There are several reasons to support domestic drilling opportunities. It is a bill cuts out our vast coal supplies and this bill. However, the most important day when we created a new market for the jobs from clean coal energy and one is that it expands the use of nat- the benefits of natural gas and a day coal-to-liquid. ural gas as a reliable energy resource when we began to take action towards Three, our economic security is also for the future. securing our energy independence. threatened. As we rely on OPEC coun- Natural gas is clean, it is efficient, it Rather than viewing oil and gas com- tries, other nations in the Mideast get is less expensive, and as recent studies panies as enemies as a lot of people on rich off our dollars. Our national debt have shown, available in abundant sup- my side of the aisle do, I think they are continues to rise and our dollar falls. plies. The natural gas provisions in for American progress. We must in- OPEC buys our national debt, buys our this bill greatly expand our Nation’s stead view them as partners in the ef- businesses, and our trade deficit with domestic gas infrastructure by pro- fort to provide innovative solutions energy gets worse. viding tax incentives for consumers to that we need.

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00086 Fmt 4634 Sfmt 0634 E:\CR\FM\K16SE7.109 H16SEPT1 jbell on PROD1PC69 with HOUSE September 16, 2008 CONGRESSIONAL RECORD — HOUSE H8217 The contents of this bill were written Ladies and gentlemen, it’s time to Now I’m going to show you where in the spirit of compromise, and I com- support the American Energy Act. that money is going. A lot of it is going mend my fellow colleagues on both Mr. RAHALL. Mr. Speaker, I yield 2 to Dubai. Dubai, they’re our allies. If sides of the aisle that have dedicated minutes to the distinguished you had gone to Dubai before the cost their efforts to increase energy sup- gentlelady from Pennsylvania, a mem- of gasoline went up, you would have plies in this country. ber of the Ways and Means Committee, seen this picture. This is the main For these reasons, Mr. Speaker, I en- Ms. SCHWARTZ. street in Dubai, a dirt road; and the courage my colleagues to support the Ms. SCHWARTZ. Mr. Speaker, I rise only thing higher than two stories was final passage of this legislation. in support of the Comprehensive Amer- a mosque. Mr. YOUNG of Alaska. Mr. Speaker, I ican Energy Security and Consumer Now let me show you Dubai today. yield myself 30 seconds. Protection Act. That’s where the infrastructure is The gentleman from West Virginia The United States consumes 25 per- being built. It’s not in the United was giving a history lesson a moment cent of the world’s oil, yet only holds 2 States. There are more construction ago. We passed ANWR on this House 10 percent of the world’s oil reserve. The cranes in Dubai than there are in the times, never got out of the Democrat fact is that we cannot simply drill our United States, 25 percent of them in Senate side because of filibuster, and way out of this energy crisis, but that’s the world. Bill Clinton vetoed it. And my can- exactly what Republicans would lead Now here’s my point: Do you know didate has sort of changed his mind you to believe, that drilling is the an- what Dubai is doing? Do you know with his new Vice Presidential can- swer. But it is simply shortsighted, what Abu Dhabi—do you know what didate, who is going to be the next Vice misleading, and wrong. the United Emirates are doing at this President of the United States, who We can drill responsibly, but lower very moment? They are building or strongly supports drilling in ANWR. gas prices and energy independence re- plan to build 14 nuclear power plants. I am convinced with her great per- quire immediate and significant invest- They’re building nuclear power plants. sonality and her knowledge, she will be ments in American innovation in alter- They’re going to generate their elec- able to convince him the right way, native fuels, investments in renewable tricity exclusively from nuclear power. more than we do Mr. OBAMA. energy technology, and in energy effi- Why? Because we don’t get it; they get I reserve the balance of my time. ciency. it. They’re going to sell oil to us be- Mr. BARTON of Texas. Mr. Speaker, The Republicans say that they want cause we’re not going to develop nu- I yield 2 minutes to the gentleman an all-of-the-above plan. Well, that’s clear power. China is building 30. India from California (Mr. RADANOVICH). exactly what we have before us today. is building 17. Mr. RADANOVICH. Mr. Speaker, I This proposal is a 21st-century energy This bill doesn’t get it. Senator want to thank the ranking member plan that spurs innovation, puts the OBAMA, Senator BIDEN, they’re opposed from the Energy and Commerce Com- Nation on a path to energy independ- to nuclear power. They’re not doing mittee. ence, and lowers gas prices for Amer- what the oil-rich Arabs are doing. When President Bush lifted the Presi- ican families and American businesses. Thank goodness Senator MCCAIN and dential moratorium on offshore oil It will expand renewable energy pro- Governor Palin, they get it. The Re- drilling, the price of oil dropped $12 a duction and improve energy efficiency publicans get it. This bill has no nu- barrel immediately and began falling through $18 billion in tax incentives clear power in it. This bill is not going ever since. paid for by repealing subsidies to the to stop the largest transfer of wealth in I have said many times over our sum- oil industry. It will promote conserva- the history of the world. You can’t do mer recess that if Congress passes an tion by encouraging the construction it without nuclear power. energy bill that increases the produc- of commercial buildings that are 50 Let’s come back with a real energy tion of domestic energy, the markets percent more energy efficient. It will solution. And I say to my friends on will react with lower prices. increase domestic production of tradi- the other side of the aisle, your bill b 1745 tional energy sources by allowing new doesn’t get it. Dubai and Abu Dhabi offshore drilling. And it will create will continue to build their nuclear That is the litmus test that Congress hundreds of thousands of new high- power plants; we will build none. should use to determine whether we quality, good-paying American jobs. And energy is the number one factor are delivering what the American peo- This plan is a stark contrast to the in manufacturing. We’re going to lose ple want, which is lower gas prices. Republicans’ drill-only mantra. If my our manufacturing. They’re going to The Democrat energy bill will be re- colleagues on the other side of the aisle get it because they get it and you ceived with a resounding thud on the want to vote for an all-of-the-above ap- don’t. world markets. It won’t move the price proach, this is their chance. Vote for a Mr. RAHALL. Mr. Speaker, I yield 2 of gas one cent because it provides no uniquely American solution to our se- minutes to the distinguished incentive for States to increase produc- curity and to America’s energy future. gentlelady from Nevada, Ms. SHELLEY tion offshore. Unlike the comprehen- Mr. BARTON of Texas. Mr. Speaker, BERKLEY. sive American Energy Act, the bill may I inquire as to how much time I Ms. BERKLEY. Before I give my pre- that we are voting on today does not have remaining. pared remarks, I’d like to say that one address oil shale production, lawsuit The SPEAKER pro tempore. The gen- of the reasons that I am so supportive reform, environmental ESA reform, tleman from Texas has 11 minutes re- of the Democratic proposal is because streamlining nuclear energy processes, maining. The gentleman from Alaska, it does not have nuclear energy reli- coal-to-liquid technology, increasing 601⁄2; 641⁄2 for the gentleman from West ance which has a nuclear waste prob- refinery capacity, or opening ANWR. Virginia. lem that no one has been able to solve. However, the bill does include a draw- Mr. BARTON of Texas. Mr. Speaker, Mr. Speaker, I rise today in support down of our Strategic Petroleum Re- at this time, I would like to reserve the of this important legislation which will serve, the fraudulent use-it-or-use-it balance of my time and yield back con- help our Nation move towards a clean- legislation, and the extremely costly trol of the Republican time to the dis- er, more sustainable energy future. renewable energy mandate. tinguished ranking member of the Re- This bill provides necessary tax in- Over the next 20 years, U.S. oil con- sources Committee, Mr. YOUNG. centives for electricity produced from sumption is projected to grow even Mr. YOUNG of Alaska. Mr. Speaker, renewable resources, including wind, after factoring in a projected 26 percent at this time, I yield 2 minutes to the solar and geothermal. These incentives increase in renewable energy supply gentleman from Alabama (Mr. BACH- will provide badly needed assistance to and 29 percent increase in efficiency. US). clean renewable energy companies in Unless we look for and develop new Mr. BACHUS. Mr. Speaker, this is a my home State of Nevada and through- U.S. reserves, reliance on foreign gas receipt. All of us have seen our con- out the country that are working to di- sources of oil—already over 60 per- stituents give us these gas receipts. versify our Nation’s energy portfolio cent—will continue to rise. OPEC will This is for $89. It’s what Boone Pickens and clean up our environment. continue to manipulate production lev- says is the largest transfer of wealth in Power from the sun and wind and els and prices. the history of the world. geothermal are unlimited. And these

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00087 Fmt 4634 Sfmt 0634 E:\CR\FM\K16SE7.111 H16SEPT1 jbell on PROD1PC69 with HOUSE H8218 CONGRESSIONAL RECORD — HOUSE September 16, 2008 entrepreneurs are ready to build and percent of our energy needs. It’s safe, Oil is a necessary source in the near expand our renewable energy resources carbon-free, and could provide sustain- term, and the bill provides for respon- as soon as we in Congress give them able domestic energy for decades to sible drilling. I think we need to pro- the tools they need to move forward. come. Scientists at our national labs tect our precious coastal regions. And Energy independence is not just an have developed new reprocessing tech- with the offshore oil drilling morato- environmental issue or an economic nologies that will allow us to reburn rium expiring in a few weeks, our coast issue, it’s a national security impera- spent nuclear fuel, vastly reducing the will be open to new leases. tive. We pay exorbitant prices for oil toxicity and the volume of waste. With The SPEAKER pro tempore. The from countries like Venezuela and this new process, we can solve the time of the gentlewoman has expired. Saudi Arabia, who support and finance waste problem. Mr. RAHALL. I yield the gentlelady terrorism and terrorist attacks on Does anything in this bill take ad- an additional 30 seconds. America and our allies. We must stop vantage of the advances we have made Ms. ESHOO. No one wants oil rigs funding both sides of this war on ter- in nuclear power? No. Instead, the bill sitting three miles off our coasts; my ror. By encouraging the development of includes a renewable energy mandate constituents don’t, maybe some others renewable energy and energy independ- that will raise energy costs for con- do. But that’s why this bill protects 50 ence, this bill helps move this country sumers who live in States like Illinois miles off of all of our coasts and gives in the right direction. that rely heavily on clean nuclear the States the right to review to opt in Our Nation has only 3 percent of the power. or not. world’s oil reserves, and yet our energy Mr. Speaker, we can do better. Let’s This bill is all about the future. future is being held up on the fantasy work together on the all-of-the-above Some, placing our country at risk, will that we can drill our way out of our en- energy package that embraces long- choose the past, to stay with the past ergy problems. term energy solutions while also boost- and to remain addicted. Mr. Speaker, we need to move ahead ing production and conservation to This bill is a pathway to the future. and grow our clean energy resources provide near-term relief at the pump. I’m proud to support it, and I urge my instead of relying on old 20th-century Mr. RAHALL. Mr. Speaker, I yield 2 colleagues to do the same. technologies like nuclear, that is not minutes to the distinguished ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE clean or safe or inexpensive, or indus- gentlelady from California, Ms. ANNA The SPEAKER pro tempore. The tries like oil that pollute our air and ESHOO. Chair would remind Members not to contribute to global warming to satisfy Ms. ESHOO. I thank the distin- traffic the well while another Member our Nation’s energy needs. guished chairman of the committee. is under recognition. Let’s invest in our energy future by Mr. Speaker, I rise today in support 1800 supporting this good piece of legisla- of H.R. 6899, the Comprehensive Amer- b tion. ican Energy Security and Consumer Mr. SALI. I yield 2 minutes to the Mr. YOUNG of Alaska. Mr. Speaker, I Protection Act of 2008. gentleman from Indiana (Mr. BURTON). yield 2 minutes to the gentlelady from As the title of the bill makes clear, Mr. BURTON of Indiana. Mr. Speak- Illinois (Mrs. BIGGERT). there is no greater threat to our eco- er, this bill is all about the future. It’s Mrs. BIGGERT. I thank the gen- nomic or our national security than about protecting the Democrat incum- tleman for yielding. our dependence on fossil fuels. Our Na- bents to make sure they get reelected. Mr. Speaker, I rise today to address tion is acknowledging something, and This should be called ‘‘The Protect the false choice being offered to Amer- that is that we have an addiction to oil Congressmen and Congresswomen ica on the House floor today. and that we are so totally dependent Bill.’’ We’re bringing this bill to the Despite months of pleas from the upon it. And who benefits from this ad- floor at the 11th hour just before we ad- American people, the Democrat leader- diction? Iran, Venezuela, Russia, rogue journ for this year, unless we have a ship of this House is still trying to regimes. And they are all getting rich special session. They know full well dodge the issue of real energy reform. off our reliance on a 19th-century en- this bill is not going to get through the We can’t expect this country to ergy source. Today, we have an oppor- Senate. So we’re not doing anything. break its addiction to foreign oil if we tunity to strike a blow to some of the This is window dressing. continue to address only half the prob- most dangerous regimes and promote We have a severe problem in this lem. But that’s exactly what this bill American economic and American na- country, and they’re doing nothing but does. It includes numerous provisions tional security. And that’s what this creating a facade so the American peo- aimed at boosting conservation. I sup- bill represents. ple will think they’re doing something port them. In fact, I’m the lead Repub- The simplistic and unconditional when they’re not. This bill will not do lican cosponsor on a bill that closely ‘‘drill here, drill now’’ rhetoric is not a anything to help people with the price mirrors a section of this legislation real response to these challenges. It they are paying for food, gasoline, dealing with clean buildings. I’m also a really falls short of what some of the clothes or anything else that is trans- strong supporter of the development great leaders of our Nation put forward ported by diesel or gasoline. It’s not and deployment of renewable and alter- at another time during the history of going to do anything because it’s not native energy technologies like hydro- our country. going to go anywhere. gen, cellulosic ethanol, geothermal, We have to lift ourselves up to end In addition to that, this bill has no solar and wind. But to call this bill this dangerous addiction by developing nuclear, no clean coal, no refineries we’re considering today a comprehen- renewable energy sources and become and no revenue sharing with the sive energy solution is just plain energy efficient. Solar panels, electric States. So if a State says they want to wrong. cars, fuel cells, efficient data centers drill off the coast 50 or 100 miles, which Some on the other side of the aisle and green buildings are all being devel- is a long way and it’s going to be really would have us believe that this bill will oped by innovators in my congressional deep, they are not going to do it unless open new areas of the Outer Conti- district in Silicon Valley. With these they’re going to get something back, nental Shelf to offshore exploration. technologies, we can export energy to some revenue back. Why else would Instead, it discourages States from al- the world instead of being an importer they do it? So this bill is really a fa- lowing drilling off their shores. By not of fossil fuels. cade because it’s not going to encour- allowing States to share in the royal- This bill is fully paid for—and I think age the States to allow drilling off ties from offshore oil and natural gas my Republican friends need to listen their coast because they don’t get any- exploration, we virtually guarantee up to this—by rolling back needless thing for it. This bill increases taxes on that no State would permit production subsidies to the oil companies, and will the oil companies. It’s going to dis- off its coast. develop a renewable energy industry, courage further exploration and fur- In addition, it includes no new refin- will create American jobs, will increase ther drilling. ery capacity, no clean coal, and zero production, and will motivate invest- This bill is something that the Amer- nuclear energy. In my home State of Il- ments in renewable energy through tax ican people ought to know is a fraud. It linois, we rely on nuclear power for 50 credits. is not going anywhere. It’s not going to

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00088 Fmt 4634 Sfmt 0634 E:\CR\FM\K16SE7.113 H16SEPT1 jbell on PROD1PC69 with HOUSE September 16, 2008 CONGRESSIONAL RECORD — HOUSE H8219 solve the gasoline crisis problem. It’s try to deceive the American people For months they have talked of noth- not going to solve the energy problem. with this none-of-the-above, no energy ing else. So here we are today taking But it’s going to help reelect some of plan. H.R. 6899, the Democrat energy up a bill that triples the territory that the Democrats because they have heard bill, does nothing to address lawsuits is available for offshore drilling. And from their constituents when they from radical environmentalists, which during the 6 years the Republicans held went home, you have to do something means that leases will be tied up in control of both Congress and the White about the energy problem. You have to court for years. It allows no drilling House, they had the chance to write drill here in America. You have to pass within 50 miles of American shores. the bill exactly as they wanted. And a bill. So they’re going to pass a bill. This alone rules out most of the prom- during those 6 years, they did nothing But this bill is not going to do any- ising areas in the Gulf of Mexico. It to reduce our dependence on foreign oil thing. It’s going to accomplish noth- gives no revenue sharing to States that and nothing to advance their ‘‘drill, ing. It’s not going to get through the allow offshore drilling. This bill would baby, drill’’ war chant. For 6 years the Senate. And we’re going to be in the actually cost these States money. American people watched and waited same situation 6 months from now be- States will have no incentive to allow for the Republicans to act but got cause they will not move a real energy drilling from 50 to 100 miles. It imposes nothing in return. bill. tax increases on oil companies right So now it’s our turn, and today we There was a bipartisan bill that Mr. when they need to invest in new devel- will pass a bill to expand offshore drill- ABERCROMBIE of Hawaii and Mr. PETER- opment. These tax hikes will be passed ing. So to my Republican colleagues, I SON of Pennsylvania sponsored. I was a on to consumers and will raise the say their voices have been heard. Their cosponsor of that bill. It had all kinds price of gasoline and home heating oil. views have been included. And they of compromises in it. But it dealt with It does nothing to promote oil shale, should take ‘‘yes’’ for an answer. the energy crisis. They don’t want that nuclear power, clean coal, new refin- Mr. SALI. I yield 2 minutes to the bill. The Speaker doesn’t want that eries or Alaskan oil. gentleman from Arizona (Mr. SHAD- bill. And they’re not going to do a darn I am concerned about using oil shale EGG). thing, and the American people ought in particular, being from Colorado. Ac- Mr. SHADEGG. I thank the gen- to know. cording to estimates, there are 1.23 tleman. My colleague on the other side Mr. RAHALL. Mr. Speaker, I yield 2 trillion barrels of oil in oil shale depos- just said nobody got everything they minutes to the gentleman from Oregon, its just in government-owned lands. wanted out of this bill. The reality is a valued member of our Committee on This legislation does not provide a so- nobody gets anything out of this bill. Natural Resources, Mr. DEFAZIO. lution that advances oil shale develop- Nobody gets anything of out of this bill Mr. DEFAZIO. I thank the gen- ment. It is estimated that access to except the environmental groups who tleman. this American supply of energy could will sue to block all oil production. The The oil and gas industry contributed reality is we are legislating to solve a $166 million to the Republicans since supply American domestic gasoline crisis that we created. It was the Con- 1990, 75 percent of their political con- needs for 200 years. In essence, the Democrat bill does gress at the urging of environmental tributions. Fact: When President Bush groups that blocked Outer Continental took office, gas cost $1.47 a gallon. not open up offshore drilling as it pur- Shelf drilling. It was the Congress that Today gas costs $3.79 a gallon in my ports to do. It makes no progress on blocked drilling in the Inter-Mountain district. Fact: In 2002, the oil compa- other major sources of energy. And it West. It was the Congress that blocked nies made $30 billion in profits. In 2008, actually raises the cost of oil and gas drilling in Alaska. it’s projected they will make an unbe- through tax hikes and raises the cost Do you know what that has done? lievable record $160 billion in profits, of electricity through its renewable en- That has cost Americans jobs. That has every penny of that extracted from ergy standards. This bill is not just a cost the people in my district their American consumers and American sham and a fraud, though it is that. It chance to earn a livelihood because we small businesses and borrowed from will actually damage our economy. It locked that all up. Are we opening it overseas, putting us in huge trouble. will kill jobs, and it threatens our eco- The oil companies took care of their nomic future as a country. up today? Is my colleague right that Republican cronies and the Repub- Mr. RAHALL. Mr. Speaker, just to this is a compromise? Absolutely not. licans legislated on their behalf. When remind the previous gentleman, he We are not opening up one single they controlled everything, the House, ought to read the bill because there is square inch of drilling. Let me make it the White House and the Senate, they a State opt-in for oil shale leasing, in- clear. The Sierra Club said ‘‘we are passed the so-called energy bill. It took cluding in his own State. working very hard on this bill to en- them 5 years to write it. And they I yield 2 minutes to the gentleman sure that its focus is not expanded off- passed it. We’re living with the con- from Pennsylvania (Mr. ALTMIRE) who shore drilling.’’ Mr. MURTHA, a close sequences, which is the huge increase has been a real stalwart in helping us friend of Speaker PELOSI, said, he ad- in profits and the huge increase in develop this comprehensive energy bill. mitted that, this is a political month. prices to consumers. Mr. ALTMIRE. My friends on the Last Wednesday, he said that there are The choice is clear. Do we pass a bill other side of the aisle, those who stood all kinds of things we are going to try written by Democrats who are not be- in this darkened House Chamber for to do that will go away after we leave. holden to Big Oil, or do we pass an- weeks asking Congress to return to They don’t plan to produce oil under other Republican bill, those who legis- vote on a drilling bill, will bemoan the this bill. It’s just talk. The legislative lated this mess in the first place? Do fact that this bill is not identical to director of the radical Natural Re- we break our dependence on fossil fuels their bill, but no one in this House, Re- sources Defense Council acknowledged and mandate renewal energy, or do we publican or Democrat, got everything the same thing about the Democrats’ ignore the ravages of global warming, in this bill that they wanted. Every ploy: ‘‘This is about politics, not nec- drill, dig, burn and borrow our Nation one of us could find something we essarily about policy.’’ Democrats to debt and dust? would like to take out, something that know that not a drop of oil will be pro- Today I will vote for energy inde- was left out that we would like to put duced because lawyers will file law- pendence, sustainability and affordable in, or language that we would like to suits stopping every single one. Let me energy prices. Many of my Republican change. But that is how the legislative make the point: The administration colleagues will vote yet again for big- process works. The finished product is last year issued 487 leases in the ger oil company profits. Congratula- a result of give-and-take compromise Chukchi Sea. Environmental groups tions to the Grand Old Oil Party. put together in a way that can pass by sued to stop and have stopped all 487. They’re very consistent. majority vote. That is what we’re here The administration has a total of 748 Mr. SALI. I yield 2 minutes to the for, right? To pass an energy bill. leases in the Chukchi Sea and Beaufort gentleman from Colorado (Mr. But the truth is, Mr. Speaker, those Sea. How many lawsuits have been LAMBORN). on the other side have been a part of filed and how many leases have been Mr. LAMBORN. Mr. Speaker, I rise this process. For months, we’ve heard challenged in lawsuits? All 748. Various today as my colleagues across the aisle their cries of ‘‘drill here, drill now.’’ oil companies in February of 2007 filed

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00089 Fmt 4634 Sfmt 0634 E:\CR\FM\K16SE7.115 H16SEPT1 jbell on PROD1PC69 with HOUSE H8220 CONGRESSIONAL RECORD — HOUSE September 16, 2008 exploration plans for 12 separate leases And I would like to say that our It is advertised as such, but I would in the Beaufort Sea. How many of the friends had the opportunity several submit that it is false advertising. 12 have been challenged? Every single years ago to come up with their energy This legislation, produced unfortu- one. The BLM in New Mexico offered bill. And the Majority Leader at that nately in secret by the majority and for sale 78 leases in New Mexico, Kan- time, JOHN BOEHNER, said the GOP en- released just late last night, is a sham. sas, Oklahoma and Texas. How many ergy bill would bring down prices. He It permanently locks up large portions have been sued? Every single one. said, ‘‘So what is being done to bring of the Outer Continental Shelf, putting The SPEAKER pro tempore. The gas prices down? The Energy Policy it off-limits to oil and gas producers, time of the gentleman from Arizona Act of 2005 is a balanced bipartisan bill meaning that any claims that this bill has expired. that will ultimately lower energy will help promote energy security, cer- Mr. SALI. I yield the gentleman 30 prices for consumers and spur our econ- tainly in the short-term, and by that I additional seconds. omy.’’ (8/19/05). mean for the next 20 or 30 years, is just Mr. SHADEGG. The truth is this It couldn’t be farther from the truth. not the case. problem could be easily solved. If my Gas prices have just gone up, so we’ve Moreover, in what surely must go Democrat colleagues were genuine got to have a comprehensive approach. down as one of the biggest bait-and- about wanting to create American jobs, It can’t just be about oil, although this switches in legislative history, the ma- about putting Americans to work and bill does expand domestic production jority claims to open up some areas far about getting off our dependence on by a lot. offshore for production, but only if the foreign oil, then put reasonable lan- The SPEAKER pro tempore. The States agree, only if the States opt in, guage in the bill that limits lawsuits. time of the gentleman from Colorado and then it is only a few States. And to We can allow lawsuits. But they don’t has expired. try to sour that deal, this bill removes have to be dilatory. They don’t have to Mr. RAHALL. I yield the gentleman the typical revenue sharing that would be such that no oil will ever be pro- an additional 30 seconds. go to that State, in effect eliminating duced. a major financial reason for States to 1815 Sadly, the Speaker called our efforts b allow drilling off their shores. to produce a hoax. If you don’t fill the Mr. PERLMUTTER. We have all Because of this omission in the bill, litigation loophole in this bill, this bill sorts of opportunities for additional even my senior Senator, who is a Dem- is a hoax. And it’s not nice to fool the drilling, offshore and onshore. And my ocrat, sees the foolishness of this bill’s American people, to tell them you’re friend from Colorado couldn’t have approach. She is quoted in the New Or- doing something when you know you’re been further from the truth when he leans paper as saying in reference to not doing anything. said there was nothing in there about this bill that is on the floor right now, Mr. RAHALL. Mr. Speaker, I yield 2 oil shale. Oil shale is part of the opt-in ‘‘It most certainly won’t see the light minutes to the gentleman from Colo- process here. of day in the Senate.’’ That is because rado (Mr. PERLMUTTER). This is a comprehensive bill that in- of the omission of the revenue sharing Mr. PERLMUTTER. Thank you, Mr. cludes coal, includes renewables, in- in this bill. What she means is it won’t RAHALL, for bringing this bill to the cludes energy efficiency, includes do- see the light of day in the Senate be- floor, building this bill and spending a mestic production. This is the kind of cause they know on a bipartisan basis lot of time over the last 2 months to thing that we need to break ourselves in the Senate that this bill won’t bring a compromise piece of legisla- from the dependence upon oil from for- produce any more offshore drilling be- tion. And I want to focus first of all on eign countries. But with two oil men in cause States won’t opt in if there is no the part of the bill that Mrs. BIGGERT the White House, what would you ex- revenue sharing for this bill. was talking about, which is the Green pect about gas prices? Gas prices are So, Mr. Speaker, I urge this House to do an all-of-the-above bill on energy, Resources for Energy Efficient Neigh- going straight up, and that is just what and not a none-of-the-above bill, like borhoods (Green Act), which is a bipar- the Grand Old Party wants. Mr. SALI. Mr. Speaker, I yield 3 min- this bill represents. tisan section of this bill designed to Mr. RAHALL. Mr. Speaker, I yield utes to the gentleman from Louisiana make housing, commercial and indus- myself 1 minute. trial properties more energy efficient. (Mr. MCCRERY), the ranking member The gentleman from Louisiana has Now, how anybody on your side of on the Ways and Means Committee. just described the revenue program as the aisle could complain about energy Mr. MCCRERY. Mr. Speaker, I just ‘‘typical’’ and that we are doing away efficiency is way beyond me because a want to say in response to the last with the ‘‘typical revenue sharing.’’ I barrel of oil saved is a barrel of oil speaker for the majority that the en- would remind my colleagues, that is earned, a Btu saved is a Btu earned, ergy bill that he derided that we passed not an accurate statement. and how anybody could complain about on a bipartisan basis in 2005 is basically The OCS Lands Lease Act passed in that section of the bill, which Mrs. included in this bill. You take the same 1954 had zero revenue sharing in it. BIGGERT didn’t, is beyond belief. She is tax provisions, for example, that we Zero revenue sharing. It was only in a cosponsor of the Green Act out of Fi- had in that bill and you just renew 2006 when this Congress passed revenue nancial Services. But it creates a green them. So the bill that we did in 2005 sharing to allow four States to share in mortgage market, it upgrades 50,000 wasn’t bad, evidently, because you that money, due to hurricane relief, units of HUD to energy efficient stand- have embraced it. It is just that it those four States being Texas, Lou- ards. We’ve seen and heard in our com- wasn’t enough. isiana, Mississippi and Alabama. Rev- mittee that HUD’s utility costs have Now, finally, I think the country and enue sharing was a one-shot deal. gone from $3.5 billion 4 years ago to people around the country understand So for the gentleman from Louisiana $4.6 billion this year. We need to come the importance of not only preparing to describe it as typical, and many on up with different ways to power our for the future, which admittedly we that side have attacked this bill be- country and be more efficient in how have to do, but in 2005 when we said ul- cause there is no revenue sharing, a we do that. So there are all sorts of en- timately that bill will lead to lower bribe to the States, if you will, to opt ergy efficient measures that are a bi- prices, we think it will, once we get al- in, is just not an accurate description partisan portion of this bill. ternative fuels on the market. But we of this legislation. Revenue sharing has But my friends on the Republican have to develop those. We provided in- never been typical of leasing and the side of the aisle want to come up with centives in that bill, as you do in this Outer Continental Shelf. the same old complaints, the same old bill, to generate activity in those alter- Mr. MCCRERY. Will the gentleman arguments, the same old answers and native fuel sectors. But what we also yield? the same old results. And it’s all about need and what the country has come to Mr. RAHALL. I will yield. oil. The problem is if we’re addicted to embrace now I think is more domestic Mr. MCCRERY. Thank you. You are one commodity, one fuel that is con- oil and gas production to bridge us to right with respect to offshore drilling, trolled by eight countries and five oil that future. and I think that has been an unfortu- companies, we’re going to have these We are not there yet. This bill, unfor- nate omission throughout the years, problems all the time. tunately, doesn’t provide that bridge. and we have corrected that recently.

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00090 Fmt 4634 Sfmt 0634 E:\CR\FM\K16SE7.160 H16SEPT1 jbell on PROD1PC69 with HOUSE September 16, 2008 CONGRESSIONAL RECORD — HOUSE H8221 Mr. RAHALL. Reclaiming my time, erra Club aren’t hurt by $4 gasoline and For weeks, our Republican colleagues it was a one-shot correction due to hur- gasoline that will go much higher if we have claimed they want a comprehen- ricane relief, Katrina. don’t increase production, but many sive piece of legislation, an all-of-the- Mr. MCCRERY. That was the bridge middle and lower income Americans above piece of legislation when it that got us there. But certainly with are hurt by this, and we can’t let radi- comes to energy policy. Now we have respect to onshore production on Fed- cals just put all types of energy pro- just such an initiative before us on the eral lands, there typically has been duction off-limits in this Nation if we floor of this House, and they won’t revenue sharing, is that correct? are going to remain viable economi- take ‘‘yes’’ for an answer. Mr. RAHALL. Onshore, yes. We are cally and not shut this country down It turns out that they want all of the talking about the Outer Continental from an economic standpoint. above with a big asterisk next to it. It Shelf here. You said OCS. This bill has been described by sev- turns out it is all of the above, except Mr. MCCRERY. For the same rea- eral people as a hoax bill. The hoax bill let’s not take away some of the tax- sons, we should have revenue sharing that we are considering now claims to payer giveaways and subsidies to the for offshore. lift the congressional moratorium on big oil and gas companies and use those Mr. RAHALL. Mr. Speaker, I yield 2 offshore drilling. In reality, it would moneys instead for renewable energy minutes to the distinguished gen- keep 85 to 88 percent of offshore oil pro- and energy efficiency. tleman from Florida (Mr. KLEIN). duction off-limits and really allow drill I think the American people know Mr. KLEIN of Florida. I thank the only where there is very little oil and what a cozy relationship there has been chairman. oil that is very expensive to get. between the Bush White House and Big I rise to support the Comprehensive The hoax bill that claims to be a con- Oil. I think last week we learned just American Energy Security and Con- sumer protection act would raise taxes how cozy that was between the Bush sumer Protection Act. This bill is a on oil companies by $17.7 billion. Well, Department of the Interior and the oil real comprehensive energy solution, who do you think pays these taxes? industry. one that will bring down gas prices in The consumer does, that is who. So the This bill does two main things. First the short-term and, most importantly, hoax bill protects consumers by pass- of all, it greatly expands opportunities end our national addiction to oil in the ing on billions of new taxes to them. for responsible offshore drilling in our long-term. The hoax bill allows States to opt in country, and uses the royalties and This is the energy plan that Ameri- by allowing oil drilling, but does not proceeds from those drilling operations cans have been waiting for since the oil allow States to share in the revenue. to invest in renewable energy and en- embargo of 1973. The sooner we take oil That is giving States no incentive to ergy efficiency. out of the equation, the better it will allow for this drilling. But let’s not try and fool the Amer- be for our economy and our national The hoax bill does not even open up ican people. The Department of Energy security. the 19.8 million acre Arctic National has made it clear that even if you This legislation has the potential to Wildlife Refuge where billions of bar- drilled on every square inch of this dramatically reduce gas prices and set rels of oil could be produced. This is an country today, you wouldn’t see a drop our country on a path to energy inde- area, Mr. Speaker, 36 times the size of in price of gas at the pump for a very pendence with real investment in clean the Great Smoky Mountains National long time and the price impact would technologies and provide tax breaks for Park, where over 9 million people visit be minimal. Why? The United States individuals and businesses which make each year. Only a few hundred visit has 3 percent of the world’s oil reserves smart energy choices. ANWR, and where they want to drill is and guzzles 25 percent of the world’s In this package we treat oil as a a frozen tundra, millions of acres with- oil. transition to the innovative tech- out a tree or bush on it. I have been You cannot drill your way to energy nologies of the future, but it is only a there twice. They want to drill on only independence, which is why we have transition. Congress has finally learned 2,000 or 3,000 acres out of these 19.8 mil- the second part of this bill, which is a through the American people that we lion acres. huge increase in renewable energy and cannot continue to feed our oil addic- We passed this 12 years ago, but energy efficiency, why we establish a tion and remain competitive in a glob- President Clinton vetoed it, thus stop- national 15 percent renewable energy al economy. ping a million barrels a day for the standard by 2020. That is why we redi- This package opens up new parts of U.S. every day since then. We were told rect the subsidies away from the oil the Outer Continental Shelf for drill- then and several times since then that and gas industry, who are making ing, 85 percent of it, and it also in- allowing more drilling wouldn’t help record profits, and invest that money cludes the drill-it-or-lose-it provision immediately. But we said it would in a instead in renewable energy and energy that I have supported. This basically few years. efficiency. says that Congress is telling the oil If the Republicans in Congress had It is too bad that in listening to the companies that they must drill on the their way, we never would have seen $4 debate today, that our Republican col- land or offshore areas that they al- a gallon gas. Now Republicans have leagues will not cease this opportunity ready control, or step aside and let bills that are not hoax bills and that to move forward together on what is a someone else drill on that area. would do something for the middle and comprehensive plan. It is too bad that I have always believed that most lower income people of this country. they refuse to break that connection Americans believe that that ingenuity Mr. Speaker, finally, if we are ever with the oil and gas industry as a re- that put a man on the Moon can and going to lower the cost of gas and other sult of the provisions in this bill that will solve our energy crisis, and this forms of energy, we need to restore say let’s redirect those subsidies. package provides the necessary incen- government of, by and for the people, This is a serious challenge that our tives for our scientists, researchers and and not government of, by and for country is facing. This is a serious pro- entrepreneurs to perfect the next gen- wealthy environmentalists. posal that is put forth to bridge the dif- eration of clean, affordable energy ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE ferences and try to move forward to- sources. America is well ahead of the The SPEAKER pro tempore. The gether on an important piece of legisla- Bush administration on energy policy, Chair would again remind Members not tion for the American people. It is un- and is more than ready to embrace this to traverse the well while another fortunate, just listening to the debate, comprehensive energy plan. Member is under recognition. that some of our colleagues want so Mr. SALI. Mr. Speaker, I yield 2 min- Mr. RAHALL. Mr. Speaker, I yield 3 badly to have a political issue to take utes to the gentleman from Tennessee minutes to the distinguished gen- to this election that they refuse to (Mr. DUNCAN). tleman from Maryland (Mr. VAN come together as one in this body to Mr. DUNCAN. Mr. Speaker, Carl HOLLEN). actually get something real done. Pope, the executive director of the Si- Mr. VAN HOLLEN. I thank the chair- Mr. Speaker, the American people de- erra Club, was quoted as saying, ‘‘We man for his leadership. serve better than that. They deserve a are better off without cheap gas.’’ Well, Today we have arrived at a moment piece of legislation that will move us maybe the wealthy members of the Si- of truth on energy policy in this body. forward on this very important issue.

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00091 Fmt 4634 Sfmt 0634 E:\CR\FM\K16SE7.120 H16SEPT1 jbell on PROD1PC69 with HOUSE H8222 CONGRESSIONAL RECORD — HOUSE September 16, 2008 They deserve for this House to support forth its power, and let us do some- sudden gas prices have spiked, you give this bill. thing worthy to be remembered. us far more credit than we deserve in Mr. SALI. Mr. Speaker, may I inquire We can do better than this. We can light of not being able to override the as to the time remaining for each side. pass a bipartisan comprehensive energy President’s veto on almost anything The SPEAKER pro tempore. The gen- bill, and I urge my colleagues to do that he didn’t want. He signed some tleman has 56 minutes remaining, and that. things that he didn’t want like the the gentleman from West Virginia has Mr. RAHALL. Mr. Speaker, God for- minimum wage. He signed some things 48 minutes remaining. bid, that this bill be known as a drill he said he wasn’t going to sign, like Mr. SALI. I yield 2 minutes to the here, drill now, drill everywhere, drill the GI Bill. He signed some things that gentleman from Indiana (Mr. PENCE). irresponsibly piece of legislation. we passed through the House and Sen- (Mr. PENCE asked and was given per- I yield 1 minute to the distinguished ate. mission to revise and extend his re- majority leader, a gentleman who has But these crocodile tears are unwar- marks.) done yeoman’s work in bringing this ranted by your record, and by the sub- Mr. PENCE. Mr. Speaker, I rise to together as a caucus on this legisla- missions of the budgets, by your Presi- oppose the Democrat energy bill, the tion, and I salute his knowledge and dent, for 8 years running. Now, a couple Comprehensive American Energy Act. expertise in developing this legislation, of months ago, the moratoria which I have enormous respect for the gen- Mr. HOYER. was put on by George Bush, his father, tleman from Maryland. This is a seri- Mr. HOYER. I thank the gentleman was lifted. Why? Because our constitu- ous issue. The American people are for yielding. ents are hurting. Why? Because we are hurting. Gasoline prices in eastern In- This is a serious issue, and there are being held up by those who are selling diana in 6 hours on Saturday went from a lot of related issues. oil. Why? Because the market is being $3.79 a gallon to $4.29 a gallon. They ex- The gentleman who spoke before me, manipulated and speculators are im- pect this Congress to come together. and I have a great deal of respect and pacting on price. Where I respectfully disagree with my affection for him, we treat one another You think that’s not the case, or do colleague from Maryland is this is a se- with respect. We put a price-gouging you think all of a sudden demand went rious issue, but this is not a serious bill on the floor because we were con- down by a third, so it went from $146 proposal. cerned about the spikes in pricing. In- down to $92 today, within just a few deed, we saw, as Ike was coming and b 1830 months. Who believes the free market bearing down on Texas, before it ever operates in a way that demand spikes A serious proposal is considered in got to the shoreline, there were $5 per for oil that much in a 90-day period? committees. A serious proposal is the gallon prices, before it ever got to the Nobody on this floor who is rational subject of hearings. A serious proposal shoreline, before it ever destroyed any- believes that. is the subject of more than a half a day thing. Something is rotten in my home of of debate on this floor. A serious pro- My friend voted against the price- Denmark. And, actually, it’s not rotten posal gives consideration to all the gouging bill. in Denmark; it’s rotten someplace, Members of this Congress through the These are serious pieces of legisla- though. Mr. ABERCROMBIE is going to amendment process. tion. The Republicans were in charge of speak on behalf of this bill, as he met The truth of the matter is this Con- the House for 6 years. In 2001, 2002, 2003, with Mr. PETERSON and tried to come gress is coming to this point, because 2004, 2005, and 2006, they controlled the together. after 20 months of the Democrat major- White House. Originally this bill, the gang of 20 in ity refusing to bring a vote to the floor I have in my hand the eight pages the Senate, which apparently you don’t to allow more domestic drilling, House that the administration, Mr. Bush, has like, because they are undermining the Republicans took this floor in the submitted to us, President Bush sub- drill, drill, drill political advantage month of August, and we held it. We mitted to us, over the last 8 years. Six that you have sought, the 20 said let’s demanded an energy bill, a comprehen- of those years they were included in deal with four States. We are saying sive bill that said ‘‘yes’’ to fuel effi- the appropriations bills passed by the let’s deal with every State. We do say ciency, ‘‘yes’’ to conservation, ‘‘yes’’ to Republican Congress and Republican with sensitivity, as the previous speak- solar, wind, and nuclear, and, ‘‘yes’’ to Senate and signed by a Republican er said about his State, States are more domestic drilling. President. going to have the opportunity to make The Democratic majority, the drill- In each of those bills, the administra- a determination as to whether they nothing Congress, cried ‘‘uncle,’’ and it tion asked to continue the moratoria want to proceed. brings us to this day. But I would sug- on drilling, every one of them, passed Now, you could argue that that gest to my countrymen, as you hear for 6 years by your Congress. We didn’t shouldn’t be the case, because, after again and again, that Republicans are have the votes to pass anything. all, that’s Federal. It’s not State prop- refusing to take yes for an answer. Then we took over the control, be- erty, you get that far out. Read the fine print. cause the Congress was fed up, frankly, We have done a lot of work. We have Reality is that this is no longer a with a complacent, do-nothing Con- done a lot of work in trying to work drill-nothing Congress; it’s a drill al- gress, complicit in moving in the across this spectrum. I want to con- most-nothing Congress. They say wrong direction, which 82 percent of gratulate Mr. RAHALL and Mr. GREEN ‘‘yes’’ to drilling in this bill, but not in America thinks we are now on, the and others who have worked so hard to Alaska, not in the eastern coast and wrong direction. try to bring us together. not within 50 miles. They say ‘‘yes’’ to This Congress has mightily tried to I will tell my friend, we do deal with drilling, but States can decide whether change direction, and, in fact, we have oil shale in this bill. In your bill, you we do it or not, and they won’t get a in many areas, including a comprehen- repeal a section which had caused a single penny from revenues for allow- sive energy bill last year that the problem. We repealed that as well, so ing drilling off their shores. I guess we President signed. Sam Bodman said it your bill and our bill did the same are just going to rely on the goodness was a great bill, the Secretary of En- thing on that. Furthermore, we said of our States’ hearts to open up their ergy. It passed in a bipartisan fashion three States that have substantial oil shorelines to more drilling. in both the Senate and the House. shale ought to have the same oppor- They say ‘‘yes’’ to drilling, but liti- President Bush, in last year, fiscal tunity that the coastal States have to gation rules will allow environmental year 2008, submitted a budget docu- opt in to develop that. lawyers to tie up the leases from the ment, he submitted it, which said, the Whether the technology is available very day they are filed. I say to my moratoria should continue. This year, now, I don’t know. In part, I believe House Democrat colleagues, from my the President submitted a bill, for the the arguments used on this floor, heart, don’t do this. 2009 fiscal year, which said the mora- which I will say as an aside, I think Daniel Webster said it a century ago, toria should continue. was a misuse of this floor. But notwith- and it’s chiseled on the wall. Let us de- So these crocodile tears about how standing that, arguments that were velop the resources of our land and call Democrats have taken over and all of a made day after day after day were not

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00092 Fmt 4634 Sfmt 0634 E:\CR\FM\K16SE7.123 H16SEPT1 jbell on PROD1PC69 with HOUSE September 16, 2008 CONGRESSIONAL RECORD — HOUSE H8223 accurate, and you knew they were not is worthy of the 21st century. Lower we are providing for drilling, but that’s accurate, which is why it made it so gas prices today, American oil and nat- not the solution. difficult to respond to. ural gas for the years to come, that’s It is part of the solution. We all un- None of you ever mentioned the fact what this bill promises and will pro- derstand, you say, all of the above. We that the President of the United vide, and serious investment in a new say, yes, let’s invest in alternative re- States, George Bush, submitted, generation of energy technologies for a search, for cutting-edge energy re- months ago and 7 years prior to that, cleaner, more secure energy future. It’s search, support for mass transit and re- and you passed 6 years in a row, on all here, and we are all going on record newable energy. your watch, the moratoria, of which this evening. b 1845 you now wring your hands. Here is what the energy package is We need all of those steps if we are All of us are concerned. All through going to accomplish. First, we are the summer and into the fall Ameri- going to be energy independent. going to drill for more oil and gas here Some day soon I think we will look cans have been filling up their cars at at home. That’s what Americans have back on these investments as the be- record prices in my district and every said. Use our resources. Don’t rely on ginning of the end of our oil addiction. district, $60, $80, $100 a tank and look- the Middle East. Don’t rely on Ven- We are going to fund them by recov- ing for Washington to help, to see what ezuela. Don’t rely on Russia. Certainly, ering the royalties the oil companies we could do about it. We are trying to don’t rely on Iran. Drill here. owe the American people. Who here be- do something about it. We have both said all along, we put a lieves you need to incentivize a com- Now, you passed an energy bill in bill on the floor, drill responsibly in pany to produce a product that is get- 2005. Your Speaker, Mr. Hastert, your presently leased land, that Mr. RAHALL ting the highest price it has ever got- majority leader or now minority lead- led. Most of you, many of you voted ten in history. I don’t find that premise er, Mr. BOEHNER, and my good friend, against it. For many of my colleagues, in my free market concept. The free your whip, said to us, and I won’t quote I know that drilling is the most con- market operates that if people are buy- them all at length but I will quote your tentious part of this compromise, but ing your product and they are paying Speaker, Americans need this bill— we have worked hard to find common you a very good price, by golly, you try your energy bill passed in 2005—to ground. to provide more product for them. lower their energy prices, to drive eco- Drilling will come with strong, new Refineries were operating at less nomic growth and job creation, and to environmental protections. Americans than 90 percent, or about 91 percent promote greater energy independence. want that. They want resources, but this summer, the lowest point they That’s what you said your bill was they want them safely gotten. It will have been at refining capacity in a going to do. take place well offshore, as opposed to number of years, not because they You also said, of course, in 2001, that the 3-mile zone that will go up for didn’t have supply. They have got sup- we were going to have the greatest grabs in 15 days if we vote this bill ply. There are no shortages, there are economy we would ever have seen if we down and do nothing. no lines. They are just charging a high passed your economic improvement I don’t know how many of you are for price. program. I doubt that any American that. Maybe all of you are for it on We are going to fund that research, believes that you accomplished that that side. I don’t think our citizens are as I said, by asking the oil companies objective. You passed your bill, the for it. In the areas closer to shore, we to pay their fair share. They are mak- President signed it. Just a short num- are letting the States themselves make ing good money and our citizens ber of months later prices went from the final call. To my colleagues on the shouldn’t have to pay more to run their $1.46, when you took over, to over $4.20. Republican side who argue that States government because some oil compa- If it was a successful energy program, won’t opt in without revenue sharing, I nies are not paying their fair share. It it was a successful energy program in reply this, if the ground swell for drill- simply doesn’t make economic sense to driving up the price of gasoline for all ing is as strong as you have said it is, do billions of dollars of tax cuts to oil of our consumers. To see what we could and I believe it is, surely our State companies while our citizens are pay- do about this we met, we talked to Mr. leaders will listen. ing high taxes. ABERCROMBIE, we talked to Mr. PETER- Do not ascribe to us the only ones All of that is our energy solution. We SON to try to bring our caucus to- who will respond to the public’s desire have not left a stone unturned or a gether. It was a diverse caucus. A lot of to find more resources. Certainly our remedy untried. To my Democratic people felt President Bush was right, State leaders will respond as well. colleagues, I don’t think a single one of those 8 years that he submitted those They will feel comfort that their State us is happy with every single provision bills and that you passed 6 years you has made that determination. in this bill. I know I am not. There were in charge. That’s not to mention the job cre- would have been some additional To relieve the strain on their budgets ation that will occur in States, what a things I would have liked in this bill. and their families, not 10 years from motivation that is. We are also includ- But I also know that is the price of a now but now, today, I am sure you are ing diligent development provisions, good compromise, and making good wondering whether we will throw up which, by the way, you included in compromises is our business. To my our hands on the work of compromise your 2005 bill. We thought it was a good Republican colleagues, you have told and retreat into finger pointing. I provision. We called it ‘‘use it or lose us loud and long, and I want to con- think we can do better than that on it.’’ You voted against it because it gratulate Mr. PETERSON for the work both sides. wasn’t your bill. You voted for it when he has done in bringing this issue to Both of us want to make sure that we it was development in your bill. When the fore and talking about it, not just bring prices down, and both sides of the we put it on the floor, you voted this year because I have known him for aisle want to see energy independence. against it. a long time. We served on the Appro- We can pass this bill, the Comprehen- Second, we are going to take imme- priations Committee, and he has been sive American Energy Security and diate action to lower the price of oil by consistent and constant in his focus on Consumer Protection Act. You say it’s releasing 10 percent of the oil in the this issue. not perfect. Many Members on our side Strategic Petroleum Reserve. We pro- Your Presidential candidate is run- say it is not perfect, but it is a very posed that; the President said ‘‘no.’’ We ning for office under the motto ‘‘Coun- significant step and a very significant said don’t buy any more. The President try First.’’ We would all run on that expansion of where oil could be found. said ‘‘no.’’ Both of those policies are platform. I would reiterate, there are 68 million now being pursued by the administra- I am for Mr. OBAMA, as all of you acres right now, right now, as I stand tion. know. He wants to see change and a here, that could be drilled upon right Tax incentives for plug-in hybrid new direction. But certainly all of us now without any further legislation, cars, solar and wind power, biofuels agree that our country comes first, regulation or administrative action. and energy efficient homes. Why? Be- perhaps not before God, perhaps we This legislation, this bold step to- cause we can’t drill ourselves out of would say our family is critical, but wards a comprehensive energy policy, this. We need to drill, we want to drill, certainly country is our consideration.

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00093 Fmt 4634 Sfmt 0634 E:\CR\FM\K16SE7.124 H16SEPT1 jbell on PROD1PC69 with HOUSE H8224 CONGRESSIONAL RECORD — HOUSE September 16, 2008 Democrats and Republicans, we are prices down, to invest in the future sources so it doesn’t really address all being watched today and they can which renewables are clearly the har- even our most limited need for crude see partisan differences, partisan di- binger of, and to make sure that we oil. vide, and sending a partisan bill to the take the action our public wants. Mr. Speaker, we need crude oil for Senate. We can perhaps do that, and I thank Mr. RAHALL for his leader- more than just gas and oil. No plastics maybe we will. Our public will not be ship, and I urge every Member of this will ever be made from a windmill. No pleased. This bill is not perfect. It is body on both sides, vote for this piece industrial chemicals will ever come not everything you wanted; it is not of legislation. Move us toward energy from solar panels. No ink for printing. everything I wanted. But it is a sub- independence, not just today but to- No asphalt that we need to make pave- stantial expansion on drilling, a sub- morrow and tomorrow. ment to drive those electric cars and stantial investment on renewables, a Mr. SALI. Mr. Speaker, I yield my- hybrid cars on. Well, Mr. Speaker, it substantial investment on conserva- self such time as I may consume. just doesn’t deal with those energies. tion. We ought to pass this bill. Mr. Speaker, there has been a lot of What does it deal with? Well, it in- Mr. BOUSTANY. Will the gentleman discussion here and I think the main creases taxes to the tune of about $18 yield? issue we are dealing with is how do we billion. I wonder how many people in Mr. HOYER. I would yield briefly to end our addiction to foreign oil. Can we America believe that if we increase the gentleman. drill our way out of this problem; can taxes on oil companies, that somehow Mr. BOUSTANY. I would like to ask alternatives be used to replace crude that will cause them to reduce the if you considered repealing section 199, oil. I think those are the two primary price they charge for gas and oil. That which is basically singling out the oil positions that are being bantered about is an absurd, absurd suggestion. In fact, and gas industry for a tax which all of on this floor. what is going to happen is those taxes our manufacturers don’t have to pay— As the American public is watching will go right down the pipeline, Mr. HOYER. Reclaiming my time, this debate, I am sure they must be through the gas tank right into your that provision, of course, was added quite baffled because both sides claim gasoline tank where you will be paying under your leadership to manufac- only they are correct. I think the an- higher prices for the gas and diesel turing. It wasn’t in manufacturing, as swer, can we drill our way out of this that you need. you probably know, when it was origi- problem, can alternatives be used to re- It was suggested earlier that we use nally adopted because it was not per- place crude oil, the answer to both of so much energy in this country. You ceived that the oil companies were in those questions is probably ‘‘kind of.’’ have all heard T. Boone Pickens on tel- manufacturing as the bill con- Mr. Speaker, a couple of weeks ago I evision say, gosh, we burn so much of templated to be. was at the Idaho National Laboratory. this crude oil. I am not ashamed that Then you thought the oil companies It is one of the premier nuclear and al- we use a lot of energy in this country. weren’t doing well enough, and so you ternative energy research facilities in It has made us the most prosperous Na- wanted to add that provision and you the U.S. Here is what the experts at the tion on the face of the planet, and it added it under Republican leadership. INL told me when I was there. They has allowed us to help essentially every Very frankly, we thought that was not said wind energy is about a 2 percent other country on the face of the planet a wise move at that time, and we don’t energy solution. Solar is not much bet- at one time or another. And America think it is a wise move now. And very ter, and it is a lot more expensive. has proven time and time again that frankly, I don’t think the American They talked about hydrogen. Currently with our prosperity, we will also be public thinks that the oil companies we generate hydrogen by burning nat- generous to other countries at the time will go out of business if we don’t give ural gas. That actually loses energy. when they need it. Without that pros- them this tax incentive. Today there is no good source for the perity, we would not be able to have Mr. BOUSTANY. If the majority carbon dioxide, carbon monoxide that that generosity. Using energy makes leader would yield. they say is needed to develop other us prosperous. Mr. HOYER. I will yield one more forms of alternative energy, unless we Just over a year ago, the Business time, and then I will conclude. are going to burn coal, and coal is not Roundtable put out a report. Their Mr. BOUSTANY. This provision hurts included in this bill except that we are conclusion was that to meet our energy the larger companies which are nec- going to increase excise taxes on that needs for the future, we had better get essary with the technology to drill in coal. our hands on every bit of energy we deep water. The smaller companies How will we get enough hydrogen, can from every source possible. That participate in that. So if we hurt our carbon monoxide, and carbon dioxide includes all of the alternatives. It in- deep water abilities in the United to make alternatives a reality? Well, cludes nuclear. It includes crude oil States off our Outer Continental Shelf, the folks at the INL said we will need and natural gas in increasing quan- we are making ourselves less competi- to have next generation nuclear reac- tities. This bill does not get us there tive and we are hurting job prospects. tor facilities, not today’s light water with any of those things. I have seen so many folks from Lou- reactors that people are seeking to per- I guess the question at this point is isiana who are serving all over the mit today. Next generation reactors what kind of future do we want for our world, working in the oil industry who operate at higher temperatures, and at kids and our grandkids. have left the United States, left Lou- those temperatures, chemistry and the Mr. Speaker, ladies and gentlemen of isiana because they have to work over reactions that take place, they take on this body, I am here to tell you that I there. We could keep these jobs here. new characteristics and that will allow want a future for my kids and Mr. HOYER. Reclaiming my time, the generation of hydrogen, carbon di- grandkids where they will be pros- they go no place in the world, my oxide, and carbon monoxide in quan- perous. And for them to be prosperous, friend, where they pay less than they tities that will make alternatives a re- Mr. Speaker, we will need to get our do in the United States to those na- ality. hands on every bit of energy we can tionalized countries that allow them to Here is the problem. According to the from every source possible, and this drill. No place in the world do they pay Idaho National Laboratory, next gen- bill will not get that job done. less. If they went to Venezuela, they eration nuclear facilities are two to Mr. RAHALL. Mr. Speaker, I yield 3 pay 93 percent. If they went to Norway, three decades away from becoming a minutes to the gentlewoman from they pay 78 percent. Nowhere in the reality. Texas (Ms. JACKSON-LEE); and while world, my friend, do they pay less than This bill does nothing to develop next she is taking the mike, I remind her they pay here, and the difference is generation nuclear reactors, and it that our thoughts and prayers are cer- made up by your taxpayers and my doesn’t really address the alternative tainly with all of her constituents and taxpayers. energy in a meaningful way because of all those who have suffered from the Ladies and gentlemen, this is a good that. The bridge has to be made with recent Hurricane Ike. bill. It is not a perfect bill. But it is a crude oil and natural gas. The problem (Ms. JACKSON-LEE of Texas asked good-faith effort to move this issue for- is this bill permanently locks up al- and was given permission to revise and ward, to make us independent, to bring most 90 percent of those offshore re- extend her remarks.)

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00094 Fmt 4634 Sfmt 0634 E:\CR\FM\K16SE7.128 H16SEPT1 jbell on PROD1PC69 with HOUSE September 16, 2008 CONGRESSIONAL RECORD — HOUSE H8225 Ms. JACKSON-LEE of Texas. Mr. Ms. JACKSON-LEE of Texas. Beyond clean coal, solar, wind, oil, natural gas, hydro- Speaker, I thank the chairman of the the fact of the expansion of the leases electric, biofuels, ethanol, and other energy al- committee for his leadership and kind offshore and opt-in, it allows minority ternatives), and energy conservation, including words to the people of the gulf coast. women and small businesses to have a special emphasis on environmentally safe Let me thank all of my colleagues who the opportunity to do something energy. This consortium shall include at least have offered to us their concern and they’ve never done, bid for these off- two institutions of higher learning that are his- certainly their support. I just landed, shore leases, and it creates an energy torically Black colleges, Hispanic-serving insti- and I came from the view of a dev- consortium of our universities to work tutions, and tribally-based universities and col- astated community, an area in Gal- with wind and solar. leges. veston represented by my colleagues I would like revenue sharing. I’m As a senior Member of the House, rep- that has experienced the greatest dev- from the region. But we can’t have ev- resenting the 18th Congressional District, astation that they have seen in dec- erything. I hope to work on it, that we which includes Houston, the energy capital of ades. Three million people are without have these incentives that everybody is the world, I am pleased to support this bill. I power, many of them desperate because asking for. But now we have a balance, am glad to have authored language and have of their financial conditions. As every- and the people in the Gulf region are it included in this bill. My language will go far one knows, particularly my friends crying out for resources and energy. in making sure that individuals, that heretofore from Louisiana, sometimes getting And this bill, if it’s gone to the Senate have been underserved, are provided a seat power back together takes a long time. and it gets to the desk of the Presi- at the proverbial energy table. I urge my col- That is why this bill was important dent, will help us do so. leagues to support this bill. enough for me to come back, because it This is a good bill. This is a bill that Mr. Speaker, this bill could not come at a is a balance. As I left Houston, there should be signed. This is a bill we’re better time for Americans. To put it mildly, were people crying out for diesel fuel, proud of. Americans are in desperate need of relief. hospitals needing 700 gallons of fuel, And I want to thank my staff, Arthur Just a few months ago in May 2008, gas and price gouging that law enforce- Sidney. prices were at an all-time high. The price of ment officers had to stop. People lined Mr. Speaker, I rise today in strong support regular-grade unleaded gasoline has risen well up at gas stations wherever they could of H.R. 6899, the Comprehensive American above $4 in some States. Increasingly, as the find fuel, and those who could not find Energy Security and Consumer Protection Act. economy spirals to a recession, Americans it were begging for fuel. So we know we This legislation is a timely, necessary, and a must choose between food, energy, and gas. have to do something about this calam- comprehensive approach to addressing our This crisis is of national and international im- ity of energy and need. energy crisis. portance. It is expected that the damage from I come from what has been called the I am especially proud to support this bill be- Hurricane Ike which hit Houston and other oil capital of the world. I practiced oil cause my staff, and I worked tirelessly to en- parts of Texas, last week, will also drive up and gas law. And as someone said on sure that appropriate language was included domestic oil prices. the other side of the aisle, there is no to benefit all Americans—especially, small, mi- BACKGROUND ON OIL PRICES AND THE CASE FOR THE fear over here. Democrats want to bal- nority, and women-owned businesses, institu- NECESSITY OF THIS LEGISLATION ance what is best for America, and we tions of higher learning, particularly minority The price of crude oil is the largest single have done so. serving institutions. I also worked hard so that factor in the retail price of gasoline. Oil prices So there is a little bit of sacrifice the American consumers would benefit from have not been regulated since the Reagan that we are doing, but it is important paying lower gas prices at the pump. I am Administration; however, the market situation to note that this bill brings relief to proud that such a progressive and com- since 2004 has yielded little excess capacity. those suffering in the gulf and who prehensive piece of legislation is on the floor The weakening value of the dollar, political un- need to find gasoline because in addi- of the House today. I thank Speaker NANCY certainty, and unrest in places such as Nige- tion to many other aspects, it opens up PELOSI, Democratic Majority Leader STENY ria, Venezuela, India, and China, exacerbate leasing of 319 million acres; 85 million HOYER, and Representatives RAHALL, MILLER, the problem. Worse still, is the plight faced by acres come from a State option. and GREEN for their leadership in bringing to- the developing world. While the developed day’s important energy legislation to the floor world is facing high oil prices, the developing b 1900 that will address, in part, our current national world is facing even higher prices with the That’s a balance. But at the same energy crisis. I would also like to thank Mr. Ar- weakening value of the dollar. Food prices all time, this bill includes $18 billion in thur D. Sidney, my Legislative Director, for his over the world are rising, and instability is tax cuts to spur green jobs. And energy work on this bill. growing. is all kinds of energy sources. And so, I AM PLEASED TO HAVE MY LANGUAGE INCLUDED IN H.R. Mr. Speaker, oil prices reached a record in addition to the oil, we have the op- 6899 $147 per barrel and the American people are portunity to do more with green jobs. I am especially proud to stand in support of suffering. Many are faced with the decision to We also allow a taking-out from the this progressive piece of legislation because I pay for gas or to pay for more food to feed Strategic Petroleum Reserve. If we was able to get my language included in this their hungry families. Consumers are in des- could get this bill passed and signed, I bill. Specifically, I was able to get included lan- perate need of relief in the prices of oil, gas, could help the people in the Gulf region guage in this bill that covers four critical and food. because it would come to hospitals, it issues: (1) the expansion of leases to offshore But even refiners cannot escape the impact would come to gasoline stations. It lands along the Outer Continental Shelf; (2) of the rising price of crude oil. Refining com- would come to people who are in need. that States might opt-in to allow leasing off its panies that have no upstream component, all This is a bill that ends the current costs by enacting legislation signed by the reported steep year-over-year profit losses for moratorium that allows drilling 3 Governor or referendum; (3) allows the Sec- the first quarter of 2008. miles off, but it allows drilling through retary of Interior to establish goals to ensure The overall effects on the consumer have a State option, 50 to 100 miles. equal opportunity to bid on offshore leases for been deep and widespread. Concern over the Let me just say this, Mr. Speaker. I qualified small, women-owned, and minority- rising price of retail gas has been mounting for have listened to a lot of Republicans. owned exploration and production companies 3 years, and even as fuel exacts a greater toll And interestingly enough, in the 2005 and may implement outreach programs for on consumers’ budgets, its macroeconomic ef- bill, they even said they are trying to qualified historically underutilized exploration fects have reverberated through all sectors of move toward energy independence. and production companies to participate in the the economy. This is what we do. bidding process for offshore leases; and (4) The rise in fuel prices is having a delete- And I want to thank the chairman provides that the Secretary of Energy shall rious effect on other industries, including the and Congressmen GREEN and MILLER award a grant on a competitive basis to a con- automobile industry. Sales of mid-size cars for allowing me to put language in this sortium of institutions of higher learning for the and trucks have declined. Automakers re- bill, and I’m proud of this language. establishment of a National Energy Center of ported an overall drop in sales of 6.3 percent The SPEAKER pro tempore. The Excellence to conduct research and education in February of this year, led by light trucks— time of the gentlewoman has expired. activities in geological and geothermal which were down 10.6 percent—and sport util- Mr. RAHALL. I yield the gentle- sciences, renewable energy and energy effi- ity vehicles—down 7.7 percent. The average woman an additional 30 seconds. ciency (including energy technology using fuel economy of new vehicles has increased

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00095 Fmt 4634 Sfmt 9920 E:\CR\FM\K16SE7.140 H16SEPT1 jbell on PROD1PC69 with HOUSE H8226 CONGRESSIONAL RECORD — HOUSE September 16, 2008 by more than half a mile per gallon since creasing world price of oil. To that end, this bill and reduces transit fees for commuter rail and 2004. temporarily releases nearly 10 percent of the buses and expands service through $1.7 bil- These rising gas prices are also spilling oil from the Government’s stockpile, known as lion grants to transit agencies for the next 2 over into other sectors and they are having the Strategic Petroleum Reserve, and replaces years. This is a real energy bill, and I urge its equally deleterious effects. In a recent survey it later with heavier, cheaper crude oil. This is adoption. of plumbing, heating, and cooling contractors, a real energy bill that provides real solutions MY FOUR AMENDMENTS TO H.R. 6899 more than 90 percent of respondents ex- to America’s energy crisis. Mr. Speaker, I already briefly mentioned the pected their business to be harmed because The bill provides royalty reform by making language that my staff and I were able to get of the high fuel costs. Without change, such oil companies pay their fair share. Further, included in the bill. I would now like to take as H.R. 6899, long-term, sustained gas price H.R. 6899 ensures that oil companies pay the opportunity to talk a little more at length increases are going to severely affect persons their fair share of royalties on flawed leases about this language and explain why it is im- living in the suburbs because of the high gas granted in 1998 and 1999. Because of mis- perative that any comprehensive energy bill in- prices and the long commutes. H.R. 6899 will takes made by the Interior Department, oil clude this language. My language covers four bring marked improvements in energy prices. companies holding 70 percent of leases areas. H.R. 6899—THE LEGISLATION ON THE FLOOR TODAY issued for drilling in the Gulf of Mexico in 1998 Critically, my language provides for the ex- H.R. 6899 will address the price at the and 1999 became exempt from paying any pansion of leases to offshore lands along the pump by expanding drilling in an environ- royalties, costing American taxpayers about Outer Continental Shelf. This is important be- mentally conscious manner. This bill is com- $15 billion. This bill makes it more efficient for cause it expands production and supply possi- prehensive, and its implementation will expand the Interior Department to collect royalty pay- bilities. This should alleviate the deficit of en- domestic and renewable sources of energy to ments from oil and gas companies owed to ergy and should hopefully lead to lower en- bolster our national security. This is a real en- the American taxpayer. Additionally, this bill ergy prices. ergy bill that will expand production and sup- adds a new requirement that it must be in the Second, my language addresses another ply without sacrificing environmental concerns. fiduciary interest of the Federal Government critical issue: the ability for states to opt-in. The goal of this bill is to make the production for oil companies to be permitted to make roy- Specifically, my language provides that states and exploration of energy sources more af- alty in kind, instead of cash, payments to the might opt-in to allow leasing off of its coasts fordable, more accessible, and more environ- government. by enacting legislation signed by the Governor mentally friendly. H.R. 6899 restores accountability and integ- or referendum. This is important because it H.R. 6899 will end subsidies to the oil com- rity in oil leasing at the Mineral Management gives States more latitude in the use and dis- panies, promote good jobs here in America, Service. As you are aware, several recent pensation of energy along its coasts. and require Big Oil companies to pay what events have called the integrity of this fine in- Third, my language allows the Secretary of they owe America’s taxpayers. It puts America stitution in question. This bill attempts to right Interior to establish goals to ensure equal op- on the path toward energy independence and some of those wrongs and address the mis- portunity to bid on offshore leases for qualified a clean green energy future through greater conduct that has occurred. small, women-owned, and minority-owned ex- energy efficiency and conservation, and pro- This bill provides for a renewable energy fu- ploration and production companies and im- tects consumers with strong action to lower ture and creates American jobs. The bill in- plement outreach programs for qualified his- the price you pay at the pump. cludes $18 billion in tax cuts to spur green torically underutilized exploration and produc- This comprehensive and sweeping measure jobs and American energy independence, in- tion companies to participate in the bidding takes strong action to lower the price at the cluding an 8-year extension of the investment process for offshore leases. My city of Hous- pump. It does so by releasing a small portion tax credit for solar energy and fuel cells. ton is the oil capital of the world, and as such, of oil from the Government’s strategic reserve, Mr. Speaker, H.R. 6899 includes a 3-year it has small, women-owned, and minority- and invests royalties from oil companies owed extension on the production tax credit for en- owned exploration and development compa- the American taxpayer in alternative energy ergy derived from biomass, geothermal hydro- nies that would greatly benefit by outreach technology. power, landfill gas, and solid waste. H.R. 6899 and leases that the Department of Interior H.R. 6899 commits America to a renewable provides for a 1-year extension of the produc- could provide to them. I purposefully struc- energy future and jobs by extending and ex- tion tax credit for energy derived from wind tured the language so that the Department of panding tax incentives for renewable elec- and clean renewable energy bonds for electric Interior would not be fettered and would have tricity, solar and wind energy, and fuel from cooperatives and public power. It also pro- wide latitude in ensuring that money and leas- America’s heartland, as well as for plug-in hy- vides for incentives for the production of ing opportunities would be extended to under- brid cars, while requiring 15 percent of Amer- homegrown renewable fuels and tax credits served communities. ican electricity to come from renewable en- for the purchase of fuel-efficient, plug in hybrid Fourth, my language provides that the Sec- ergy. This is a real energy bill. vehicles and it provides incentives for energy retary of Energy shall award a grant on a This bill includes a compromise to respon- conservation for individual businesses and competitive basis to a consortium of institu- sibly open up the Outer Continental Shelf for State and local governments. tions of higher learning for the establishment drilling, with environmental protections, while The bill expands domestic energy supply by of a National Energy Center of Excellence to demanding that Big Oil companies use the ending the current moratorium which only al- conduct research and education activities in leases they have already been issued. It pro- lows drilling 3 miles offshore. The bill also in- geological and geothermal sciences, renew- motes efficiency and conservation that will creases domestic oil production across Amer- able energy and energy efficiency (including save consumers billions, with tax incentives ica and in Alaska. energy technology using clean coal, solar, and loans for energy efficient homes, build- Regarding Alaska, this bill incorporates a wind, oil, natural gas, hydroelectric, biofuels, ings, and appliances, and updated efficiency modified version of the ‘‘Use It’’ legislation that ethanol, and other energy alternatives), and standards for buildings. creates more stringent requirements that oil energy conservation, including a special em- I am pleased that this bill is one of the few companies produce oil during the initial term phasis on environmentally safe energy. recent energy bills that have already garnered of their lease. H.R. 6899 mandates annual This consortium shall include at least two in- strong bipartisan support on the House floor. lease sales in the National Petroleum Reserve stitutions of higher learning that are historically Now, more than ever, in a time where the in Alaska to speed its development and oil black colleges, hispanic-serving institutions, American people are experiencing serious and production. Importantly, the bill bans ex- and tribally-based universities and colleges. economic woes, with a rampant mortgage cri- port of Alaskan oil outside of the United This last piece is important because it ensures sis, the failings of major financial institutions, States. It also calls upon the Bush Administra- that minority-serving institutions benefit from low wages and high prices, America needs tion to facilitate completion of the oil pipeline the largess and capital that is set aside for en- legislation to make oil more accessible and infrastructure into the National Petroleum Re- ergy and renewable research. It further en- more affordable. Because oil is a finite com- serve in Alaska, and to facilitate the construc- sures that these universities will develop top modity, it is imperative that all Americans have tion of the Alaskan Natural Gas Pipeline, notch disciplines, programming, and edu- access. This bill does just that: provides ac- which could create up to 100,000 jobs. cational infrastructure that will be used for en- cess in a responsible and sensible manner. H.R. 6899 provides the greatest energy effi- ergy development, renewables, and energy Importantly, this bill lowers costs to con- ciency and conservation of any other bill intro- conservation. Energy development, renew- sumers and protects taxpayers. This is criti- duced before the Congress. This bill strength- ables, clean energy, and energy conservation cally important given our growing dependence ens energy efficiency codes for buildings, pro- is the future, and it is here to stay. Minorities upon sources of foreign oil and the ever in- vides incentives for energy efficient homes, and other historically underserved populations

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00096 Fmt 4634 Sfmt 9920 E:\CR\FM\A16SE7.045 H16SEPT1 jbell on PROD1PC69 with HOUSE September 16, 2008 CONGRESSIONAL RECORD — HOUSE H8227 must be encouraged to enter and thrive in Mr. INSLEE. Mr. Speaker, nothing is picture that the gentleman just pre- these growing disciplines. more apt for Americans than the clean sented to us. Make no mistake about I urge my colleagues to support this bill. energy revolution that we will start it. The majority in this House wants to Mr. PEARCE. Mr. Speaker, may I in- with today’s bill. Nothing is more apt change your way of life to where you quire of the time remaining for each for Americans because this bill depends cannot drive the cars you drive today. side? on two very intrinsic American quali- I yield 2 minutes to the gentlelady The SPEAKER pro tempore. The gen- ties. Those are the qualities of opti- from Minnesota (Mrs. BACHMANN). tleman has 481⁄2 minutes remaining. mism and innovation. And we believe Mrs. BACHMANN. For 21 months the And the gentleman from West Virginia that this bill sets us on a course for in- Democrat-controlled Congress watched has 44 minutes remaining. novation that will achieve for clean en- as gas prices increased over 76 percent Mr. PEARCE. Mr. Speaker, I yield 2 ergy what we achieved in the space on the American people. For 21 months minutes to the gentleman from Texas race of the 1960s. they sat in idleness as the American (Mr. BURGESS). And I’d like to share why I’m opti- people became 70 percent dependent on Mr. BURGESS. It’s been a fas- mistic about this. This is a picture I foreign oil. They knew the American cinating day, hasn’t it? took a couple of weeks ago in Golden, people paid an effective tax of $700 bil- You have the votes to pass this bill, Colorado, at the National Renewable lion to foreign countries. so congratulations. You’ll pass it. But Energy Laboratory, the center of our For 21 months the Democrats pre- the bill is a ghost. It’s going over to national effort on renewable energy. sided while watching one-sixth of our the Senate. It’s dead on arrival. It will It’s a picture of a photovoltaic cell. On economy, money and jobs going over- not do one thing for producing energy the other side of this array is a 400- seas. For 21 months the solution was and American jobs for the American square-foot photovoltaic cell con- obvious to anyone who was looking to people. verting sunlight into electricity. That win the energy battle for the American Now, there is almost no mention in people, and it was this: Legalize Amer- this huge bill that we got at 9:45 last sunlight feeds down into these two cars that are plugged-in electric hybrid ican energy production, all of it, legal- night, almost no mention about new ize it and have Congress get out of the refineries. I think refineries were men- cars. This is a term Americans are going to get to know real well. They way. Whether it’s clean coal, natural tioned one time. gas, oil production, nuclear, alter- Natural gas, I heard my friend from plug in. They use this solar-based native, conservation, the Democrats Oklahoma say natural gas is included power, and they will go 40 miles with could have done every bit of this 21 in this bill. It’s mentioned less than a zero gasoline. And then after you go months ago and been the heroes of the half a dozen times. There is no title for more than 40 miles, they have a gaso- American people. They could have be- natural gas in this bill. line engine to go another 200 or 250 Nuclear energy, it’s not here. I can’t miles. cause they have been in charge. But find it. Here’s the stunning fact which they they willingly, intentionally, with eyes Now, the polls currently show that told me at the renewable lab. This wide open, chose not to. faith in Congress, our congressional panel, which can go on your roof, pow- The Democrats defied the will of the credibility is at an all-time low. ers two cars in 8 hours to get that all- American people, and now as the clock You won an election 2 years ago on electric drive for a full 40 miles. strikes midnight on the 110th Congress, the basis of the fact that you’re going We are in the midst of a transition. with this sad chameleon they call an to get us out of Iraq. You didn’t do it. We are on the cusp of a great transi- energy bill, the Democrats continue to You’re going to bring down gas prices. tion. It reminds me of another transi- defy the American people. But the That didn’t work. Most ethical Con- tion when we went from typewriters to truth is clear, this bill won’t reduce gress ever. I’m afraid not. software, and there were a bunch of op- the price of gasoline at the pump. The And now the last thing was we are timists out in Redmond, Washington at American people will suffer, as they not going to drop large bills in the mid- Microsoft, in my district, that were op- have suffered under Democrat inaction. dle of the night into this House. We’re timistic about this new transition we But let’s throw the American people going to do it the right way. Well, I’m were going to get into. a lifeline. We can, because in November afraid that’s been lost as well. Now, I will tell you this: I’ve heard Americans can have their say, finally, Now, why does it matter? some of my Republican friends saying and under Republicans and JOHN Well, we have a subcommittee. We’ve ‘‘drill, baby, drill.’’ I think during that MCCAIN, they will be able to choose $2 had multiple hearings on energy over transition from typewriters to soft- a gallon or less for gasoline, or they the past 18, 20 months. Mr. BOUCHER is ware, what they would have been say- can choose Senator OBAMA and the no- to be commended for the amount of ing is ‘‘type, baby, type.’’ drill Democrats, and they can see gas hearings that he’s had on this. But we We know that we have to break our climb to the heights of 5 or $6 gallon or didn’t get to mark this bill up in sub- addiction to oil, not to continue it, and more. committee. Not one amendment came this bill is a comprehensive measure. The choice couldn’t be more clear. from a Republican at any time on this The SPEAKER pro tempore. The ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE bill. We didn’t see this bill in full com- time of the gentleman has expired. The SPEAKER pro tempore. The mittee. Mr. RAHALL. I yield the gentleman Chair would remind Members to ad- Now, there are things that we should 30 more seconds. dress their remarks to the Chair, and do urgently; like we should protect our Mr. INSLEE. Let’s be clear. The Re- not the television audience. electrical grid in this country, which publicans who will vote against this Mr. RAHALL. Mr. Speaker, I yield 2 we’re not doing in this bill. There’s the bill today are voting against solar en- minutes to the gentleman from Illinois urgency. Bring that bill to the House ergy for Americans. They are voting (Mr. EMANUEL). floor without going through sub- against plug-in hybrid technology for Mr. EMANUEL. Mr. Speaker, for 30 committee and full committee. That, Americans. They are voting against en- years, since the first oil shock of 1973, the American people would understand. hanced geothermal for Americans. we’ve been facing an energy crisis in Well, notwithstanding what the ma- They are voting against more wind en- the United States. And let’s be honest jority leader has just told us, Paris Hil- ergy for Americans. And this idea of and level with the American people, ton will tell you, this is not rocket sur- drilling as a bridge to these tech- both parties have missed opportunities gery. We do need all the above. Unfor- nologies, it’s a bridge to nowhere. It to deal with it. And the American peo- tunately, this bill does not provide won’t show up for 15 years. ple hold all of us accountable. that. I urge voting against this legisla- We need this technology starting So I’m proud that this Congress, in tion. today. That’s a future America de- its first time in less than a year, in- Mr. RAHALL. Mr. Speaker, I yield 2 serves. creased the fuel efficiency standards minutes to a valued member of our Mr. PEARCE. Mr. Speaker, I yield for cars, something that’s been kicked Committee on Natural Resources, the myself 15 seconds. around, talked about for 30 years. This gentleman from Washington (Mr. INS- I would draw the attention of our Congress in its short, first year took LEE). viewers across America to look at the action.

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00097 Fmt 4634 Sfmt 0634 E:\CR\FM\A16SE7.047 H16SEPT1 jbell on PROD1PC69 with HOUSE H8228 CONGRESSIONAL RECORD — HOUSE September 16, 2008 And I’m proud that our Republican thought was one of the bright lights in the thinking of our colleagues on both colleagues who claim to be for the all- an otherwise dismal bill. And I’m sorry sides of the aisle, if not to get the sup- of-the-above energy policy can vote for that my colleague—no, my colleague port from both. the most comprehensive energy policy from Utah is still here. I congratulate I also want to acknowledge Congress- and legislation in 20 years, what we him on his work. woman SLAUGHTER for her input. And have here today. It removes the prohibition of oil Mr. ABERCROMBIE has joined us. Thank Now, listen. You can be for drilling shale development that this body cal- you, Mr. ABERCROMBIE. I’m pleased to offshore. And this bill provides 300 ad- lously placed in last year’s appropria- acknowledge your great leadership on ditional acres of drilling. But that is tions act, despite a chorus of bipartisan this, this step in the right direction not a cure to our energy independence. opposition to do such. But rather than with certainly more to come. It is not just drilling offshore, but it’s simply remove the prohibition and I want to remind our colleagues or also what we do onshore in our labora- move forward, it replaces it with a inform, for those who may not have tories, our universities with our inno- mandate of States’ actions to pass a been born yet, that in 1973 during that vation and our technology for our en- law to allow it to take place, some- energy crisis, President Nixon became ergy independence. thing I personally like, something I the first President to call for American This bill provides that we invest in think the industry would support, but energy independence. In his 1974 State our renewable energy technologies and which also has potential of constitu- of the Union address, President Nixon ends big subsidies for big oil compa- tional implications. said that the United States should ‘‘not nies. We require utility companies to There are other areas of this bill be dependent on any other country for use wind, solar and biomass to gen- which have even more constitutional the energy we need to provide our jobs, erate more electricity. implications. And since this act has no to heat our homes, and to keep our What I’m most proud about is also severability clause, it simply means if transportation moving.’’ He promised what it does in the area of natural gas, one part of this bill goes down on con- energy independence within 6 years. which those who are in the industry see stitutional issues, the entire bill goes That would be by 1980. In 1974, he had as revolutionary for their industry. down. that vision. Natural gas is 100 percent U.S. supply, President Nixon was the first to b 1915 33 percent cleaner and 40 percent make such a call, but certainly not the cheaper. And it provides the infrastruc- Rather than just take out the prohi- last. Practically every national leader ture to make sure that our auto indus- bition, it’s almost as if we put in the in the intervening 33 years has called try can start to convert and start to margin a big sign that says, ‘‘Look for energy independence. use natural gas, something Europe has here to sue,’’ so that outside agencies Today, this House of Representatives been doing and the United States has can do in court what some people have has the opportunity to take this coun- been lagging. And here’s an energy said they would like to do on the floor, try in a new direction on energy and source that today is available. Just in which is not have a real solution. make that energy independence hap- the State of Utah, drivers can pay $0.83 I am saddened because we could have pen. We have this opportunity with the per gallon if they fill up with natural done so much more. We could have comprehensive, I call it All American gas. done so much better, and instead, we Energy Security and Consumer Protec- The SPEAKER pro tempore. The will vote on a hollow shell of a bill. tion Act. time of the gentleman has expired. Mr. RAHALL. Mr. Speaker, it is my The legislation we debate today is a Mr. RAHALL. I yield the gentleman honor to yield to the lady that leads bold step forward that will help us end 10 seconds. this body. I certainly commend her for our dependence on foreign oil and Mr. EMANUEL. So the question is the tremendous efforts that she’s made strengthen our national security. And before us, are we going to have an en- meeting after meeting after meeting to protecting the American people is our ergy policy that keeps us wedded to the bring us together as a caucus, often at first responsibility, and so I list that past or begins to invest in our future? much political sacrifice, including to first among the goals and the provi- And this is the opportunity to do that. her own desires. sions of this legislation. Mr. PEARCE. Mr. Speaker, I yield I yield 1 minute to the Speaker. The legislation is a result of reason- myself 10 seconds. Ms. PELOSI. I thank the gentleman able compromise that will put us on a I would point out that there is more for yielding and his recognition of the path toward energy independence by stimulation in this bill for bicycles fact that this legislation is indeed a expanding domestic supply of oil than nuclear power. compromise. It isn’t the bill that any drilled offshore, and expanding domes- I yield 2 minutes to the gentleman one of us would have written individ- tic supply of energy by investing in re- from Utah (Mr. BISHOP). ually, but it brings us together in con- newable energy resources. It will pro- Mr. BISHOP of Utah. Mr. Speaker, sensus. I want to thank the distin- tect consumers with strong action to when I was a young legislator in Utah, guished chairman of the National Re- lower the cost of energy and to protect I was told that oftentimes the process sources Committee, Mr. RAHALL, for taxpayers by making Big Oil pay for its we use in creating legislation is more his extraordinary leadership on this fair share of our transition to a clean, important than the actual words of bill. renewable energy future. that legislation. Thus, here in Congress This is a difficult bill because we all It will ensure a clean, green energy we have established a concept of reg- had to come from different directions future through energy efficiency and ular order so that fair and competent on it, and we’ve come to agreement. conservation. It will commit America legislation is brought forth that elimi- I want to also acknowledge the im- to renewable energy and help create nates unintended consequences of poor- portant work that was done by GENE millions of good paying green jobs. It ly written provisions. So we in Con- GREEN, Congressman GENE GREEN of will do so by rearranging the financial gress review. Texas; by GEORGE MILLER, the Chair of relationship between the American And yet, by mutual understanding, the Education and Labor Committee; people, their oil, and Big Oil. the bill we have before us has had no and JOHN DINGELL, the Chair of the En- Right now I think that the arrange- public hearing, no committee work, no ergy and Commerce Committee, all of ment is a real rip-off of the American review, no amendments by Republicans whom who are cochairs of this impor- taxpayer and the American consumer. or Democrats, rank and file, no reading tant legislation. And so we say in this legislation to Big of this bill since it was printed after I would like to acknowledge CHARLIE Oil, if you want to drill—and to others, everyone had left last night. It’s not a RANGEL, the Chair of the Ways and but particularly to Big Oil—if you comprehensive solution. It has the ap- Means Committee for the provisions want to drill in the Outer Continental pearance of competence but is not a from his bill in this bill, and NEIL Shelf, let’s talk about that. real solution to meet the needs of real ABERCROMBIE who really tried to bring We’re in the position that we are Americans. It does not work. as many of the provisions of the legis- today because for 8 years, President Let me give you one small example. lation he was cosponsoring into this Bush has requested a moratorium on The section on oil shale I originally legislation so that it really did reflect drilling in the Outer Continental Shelf.

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00098 Fmt 4634 Sfmt 0634 E:\CR\FM\K16SE7.133 H16SEPT1 jbell on PROD1PC69 with HOUSE September 16, 2008 CONGRESSIONAL RECORD — HOUSE H8229 In recent months, he reversed his pol- tells us again and again why it is time Once again, I salute all of those who icy. And this is a reversal not only of for a new direction. And nothing dem- participated in bringing us to this com- his policy but of decades of policy that onstrates that more clearly, I think, promise: some intentionally, some by had prohibited drilling on the Outer than the recent scandal in the Bush In- the basic work that they’ve been doing Continental Shelf. terior Department. in the Congress for a long time and So as a result of his lifting the mora- On the Republicans’ watch, Interior may not, again, support this legisla- torium on drilling, starting after Sep- Department officials accepted football tion today but have put their stamp of tember 30 at the end of this fiscal year, tickets, ski trips, golf outings, and approval on many of the provisions it will be possible for the U.S. Govern- other favors in return for rigging con- that they had suggested in other legis- ment to provide leases to companies to tracts to benefit Big Oil. They engaged lation and which we have been pleased drill 3 miles—3 miles—off the coast of in illicit behavior that gives new mean- to pick up where we had bipartisan our coastal States with no consent ing to the words ‘‘cozy relationship’’ agreement. from the States. It will be 3 miles, between the Republicans and Big Oil. So I’m very excited about this. This leases given by the Federal Govern- These Republican officials, one of is a very important day in our energy ment. whom pled guilty just yesterday to cor- story for America. And I commend all And that’s why in order to remedy ruption charges, were in charge of col- who worked so hard, and so many peo- that, this legislation strikes a com- lecting billions of dollars’ worth of oil ple did. But we recognize it’s only a promise and a balance by saying, yes, if and natural gas last year alone from first step. There are many more issues you’re going to drill offshore, it has to companies allowed to drill on Federal to be dealt with, more progress to be be 50 miles offshore and it has to have lands and offshore. It just isn’t right. made, but we cannot wait for that to an opt-in by the State. The State has So when I said earlier that this was a happen. to agree that you can drill. The Fed- rip, it’s a rip and it’s corrupt, and it In the meantime, I’m pleased that in eral Government can give leases to the must be changed. I think all Americans this legislation we have our legislation private sector to drill 50 miles offshore. believe that it’s time for an oil change related to the Strategic Petroleum Re- And it also says the following in in America. serve which, if the oil is released, terms of the financial arrangement. The Democrats stand for that which we have asked the President to Right now, the status quo, which is change. Democrats demand it. Repub- do, will immediately bring down the what some of our Republican friends licans are demanding the status quo, price at the pump within 10 days in- want to perpetuate, the status quo is but not all Republicans. Many have stead of 10 years—which would be the the following: the oil belongs to the been involved, though they may not length of time it would take to bring American people, and yet Big Oil drills specifically approve of this particular the price down for 2 cents. Two cents, for that oil subsidized by the U.S. tax- bill, many of the provisions in this leg- 10 years; 10 days, our bill. payer. At a time when Big Oil’s enjoy- islation were provisions advocated by The President originally resisted. ing record and historic profits, they Republicans in their bipartisan legisla- Now he says he may release from the still insist that the U.S. taxpayer sub- tion with Mr. ABERCROMBIE. SPR not because Congress asked but sidize their drilling and have had roy- The status quo, as has been suggested because Big Oil asked. alty holidays of paying the taxpayer by some, will not bring down the price It’s about time we got the leverage for the taxpayers’ oil which they have at the pump. The status quo will not back to the American people, recog- been drilling. protect taxpayers from subsidizing Big nized our need to meet their needs, to So what we’re saying in this legisla- Oil, and the status quo will certainly protect the consumer and the taxpayer, tion is that day is over. Now if you not make America energy independent. to keep them safe with energy inde- want to drill, you’re on your own. In It’s time for a new direction. It’s time pendence, to grow our economy the private sector, in the free market, for us to set aside partisan politics on through good green jobs, and to make you’re on your own. The American peo- this issue. This should not be an issue sure that we never find ourselves in ple are not subsidizing that drilling. on which we are divided. this situation by making investments And, by the way, we want our share of The protection of our country by as- in renewable energy resources. the royalties. And lifting the subsidies suring energy independence, the cre- b 1930 and getting our royalties, including ation of new jobs through a new energy Mr. PEARCE. Mr. Speaker, I recog- going back to the royalty holidays of green industry in our country with re- nize myself for 15 seconds before I rec- newable energy resources, the assur- the 1990s, by doing that we will be able ognize Mrs. CAPITO of West Virginia for to invest in America’s energy future by ance that we will never be in this posi- 2 minutes. using those funds to invest in renew- tion again because not only are we ex- Mr. Speaker, we’ve just heard that able energy resources, whether it’s panding the domestic supply of oil, but we’re going to sell oil out of our Stra- wind or solar, biofuels, other clean al- we are also investing in renewable and tegic Petroleum Reserve in order to ternatives. other alternatives; and also that, cure a marketing problem. That oil We’ll be able to use that money from again, security, environmental protec- was put there for our national defense that offshore drilling, by now finally tion, economic entrepreneurialship in and now we’re using it in pure mar- getting the taxpayers’ fair share, to in- this legislation and a moral responsi- keting. vest and provide more support for bility to reduce our dependence on for- I yield 2 minutes to Mrs. CAPITO. LIHEAP, the low income heating ini- eign oil and on fossil fuel, to do so in a Mrs. CAPITO. I thank the gentleman tiative, so important to so many, many way that reverses global warming, for recognizing me. families in America and even more so which in my view is a moral responsi- The Speaker, we just listened to her, in this time of economic uncertainty. bility if you believe, and I think every- and her leadership team had an oppor- And to invest in our lands and con- one does, that this beautiful planet is tunity to present this House with a servation fund, some of the provisions God’s creation and we have a moral re- truly bipartisan energy bill. Both she which were in the original bill that Mr. sponsibility to preserve it and preserve and the majority leader have talked ABERCROMBIE was supporting. So we it in a way that is fair to all of the peo- about the compromises that they took up some of the investments that ple who inhabit this planet. And in our reached and how they worked on a he would make from the royalties that case, we’re talking about the American compromise. I don’t know who they’re we would recoup and also from not pro- people. compromising with. They’re compro- viding subsidies to Big Oil. So, again, this comprehensive energy mising with themselves, negotiating Many of us have thought for a long package is a result of compromise in with themselves. time that there was something wrong favor of sweeping and innovative solu- Instead, they chose to bring forth with this relationship. Our oil, their tions to America’s energy future. I what I think is a blatantly partisan profits, we subsidize, we don’t get the urge my colleagues on both sides of the bill. It will increase energy costs in my full benefit of that. But it was only re- aisle to join together to support a State, and again, essentially ignores cently that we saw how wrong some- clean, renewable energy future by sup- West Virginia, its people, its abundant thing was with that relationship. It porting this comprehensive legislation. supply of coal.

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00099 Fmt 4634 Sfmt 0634 E:\CR\FM\K16SE7.134 H16SEPT1 jbell on PROD1PC69 with HOUSE H8230 CONGRESSIONAL RECORD — HOUSE September 16, 2008 I go back to the fact that I’ve lis- tricity projects and certain coal classi- Sell off our Strategic Petroleum Re- tened to both the majority leader and fication projects and we explain how serve; provide more stimulus for bicy- the Speaker in their remarks, and not that will be awarded. cles than nuclear power; and the solar one mention of clean coal in both of In addition, we ensure the solvency car that the gentleman from Wash- their remarks. of the black lung disability trust fund, ington showed us the picture of. That’s So let me be clear, in a time when not a laughing matter to West Vir- the plan the American people are given West Virginians are making hard deci- ginians. while they’re hurting at the pump. sions based on their gas, electric and I yield 2 minutes to the gentleman I would recognize Mr. FORTENBERRY home heating needs, this bill offers from Illinois (Mr. HARE). for 2 minutes. them nothing more but Washington. Mr. HARE. I thank the chairman. Mr. FORTENBERRY. I thank the All talk and no action. Mr. Speaker, my constituents are gentleman. We know it’s going to take a com- frustrated and angry by rising energy Mr. Speaker, America needs, and is prehensive plan to wean our Nation off costs and the impact on their busi- demanding from this Congress, a bold, of $700 billion worth of dependence on nesses, their grocery bills, and their ev- new energy vision. foreign sources of oil, but this bill just eryday lives. Today, we respond to that We, as a Congress, have been pre- doesn’t do the job. frustration and anger by considering sented with the opportunity of a gen- It includes a renewable portfolio the Comprehensive American Energy eration: to step into the breach and de- standard that will send electric costs Security and Consumer Protection Act. liver to the American people a victory skyrocketing in a State like West Vir- I rise in strong support of this legisla- over the vexing problem of dependence ginia by mandating difficult standards, tion that increases our domestic en- on foreign oil. Left unaddressed for far all of this at a time when many of my ergy supply, invests in alternative too long, it has compromised our na- constituents can barely afford gas or fuels, and ends taxpayer subsidies for tional security, our economic security, their heating bill. big oil companies. and our environmental security. And This bill doesn’t invest in royalties This important legislation includes now is not the time to retreat into the for offshore exploration into alter- several provisions to move us towards familiar trenches of partisan politics. native energy sources like clean coal a 21st century energy policy. My Now is the time to establish a broad, or renewable fuels. Coal-to-liquid has friends on the other side of the aisle comprehensive, new energy direction, great promise to lead this Nation to- have called for increased drilling to and yes, I believe we should adopt long- wards our energy independence. capture more of our domestic re- term investments in a sustainable fu- The American people gave the leader- ture. I support them: research and in- ship of Congress a homework assign- sources. The bill does just that. Advocates for the environment have centives for wind, solar, biofuels and ment to solve our energy crisis, and called on oil and gas companies to geothermal. But we must also address, they responded by waiting till the last Mr. Speaker, the immediate problem of minute, hastily writing their bill, and produce oil on Federal land to which our overwhelming dependence on for- delivering it late. Sadly, it fully de- they already hold leases or give up serves the ‘‘F’’ that the American peo- those leases. This bill requires them to eign oil. Let’s have an honest debate about ple will be giving it. do just that. At a time when a solution demands After learning last week of the cor- the full range of energy options in our real bipartisanship, this bill just rupt relationship between Big Oil and portfolio. Increased use of domestic re- doesn’t cut the muster. I’m on the bi- the Bush administration’s Minerals sources in an environmentally respon- partisan bill. We worked night after Management Service, this bill sible way will promote our energy inde- night with no lobbyists, no leadership, strengthens oversight of the Interior pendence while bridging to a sustain- no special interests, and we found good Department. able and independent energy future, compromise in that bipartisan bill, and Most importantly, this bill launches fully integrating conservation, innova- I’m proud of the efforts on both sides of a clean renewable energy future that tive technologies and a variety of re- the aisle where we joined together. creates new American jobs, specifically newable resources. With this empty shell of an energy in my home State of Illinois. Mr. Speaker, today, I believe, could bill, I’m afraid I’m disappointed and If this comprehensive bill isn’t an all- have been a day of celebration instead I’m afraid the American people will be, of-the-above response to energy prices, of the rancorous political pushing and too. then, quite frankly, I don’t know what shoving. I am sure that many Members Mr. RAHALL. Mr. Speaker, I yield is. on both sides are eager for a bill, myself 1 minute. Mr. Speaker, I am proud of every en- reached in true bipartisan fashion, yes, Mr. Speaker, reading the legislation ergy vote I have taken in the 110th with the appropriate trade-offs and will show that the strategic energy ef- Congress, from addressing oil specula- compromises but one that lays a new ficiency renewable reserve fund that tion abuses, cracking down on price energy vision. we’ve set up—we explained the funding gouging by Big Oil, improving public What a message we could have sent mechanism and how much earlier— transportation options, releasing mil- to our own people, the financial mar- would go toward accelerating the use lions of barrels of oil from the Stra- kets, to innovators and entrepreneurs, of clean domestic renewable energy re- tegic Petroleum Reserve, to increasing to the world oil markets, that America sources and alternative fuels. And an fuel economy standards in our vehicles has chosen a new way and we will no understanding of what alternative fuels and providing relief for consumers at longer be captive and vulnerable. In- is would lead one to know that that in- the pump. stead, we have a bill that is the prod- cludes coal-to-liquid and clean coal The Comprehensive American Energy uct of dysfunction in this House, Mr. technologies. Security and Consumer Protection Act Speaker. I just believe we can do bet- In addition, we have a separate sec- pulls many of these measures together, ter. tion that increases research, develop- moving us closer to ending this energy Mr. RAHALL. Mr. Speaker, I yield 1 ment, and demonstration of carbon crisis and establishing real energy minute to the distinguished gentlelady capture and sequestration techniques, independence. from Arizona (Ms. GIFFORDS). also clearly spelled out in the legisla- I urge all of my colleagues to support Ms. GIFFORDS. Mr. Speaker, the bill tion. this incredibly wonderful piece of legis- before us this evening is a strong re- Furthermore, when we’re talking lation. sponse to one of the most challenging about carbon capture and sequestra- Mr. PEARCE. Mr. Speaker, I recog- issues that faces our country: securing tion in this legislation, we do have lan- nize myself for 15 seconds prior to rec- American energy independence. Meet- guage that specifically sets aside how ognizing Mr. FORTENBERRY of Ne- ing this challenge requires the com- the process is, that these grants will be braska. prehensive approach on the floor to- made from this fund to go toward car- Two years ago when the new Speaker night: drilling, conservation, and re- bon capture and sequestration. took over, we were promised a plan. newable power. We provide $1.1 billion of tax credits Tonight, we’re told that we’re going in I am particularly pleased that this for the creation of advanced coal elec- a new direction. The new direction: bill contains an 8-year extension of the

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00100 Fmt 4634 Sfmt 0634 E:\CR\FM\K16SE7.136 H16SEPT1 jbell on PROD1PC69 with HOUSE September 16, 2008 CONGRESSIONAL RECORD — HOUSE H8231 solar investment tax credit, or the ITC. valuable natural resources that can be the future when you see what’s going Solar power represents one of our Na- used to ease pain at the pump. on out there in the private sector right tion’s best hopes for a clean, secure, Vote against that bill. Vote for now to help new technology move for- and sustainable future. It will provide American energy. ward. We shouldn’t be on the blame powerful economic benefits in my dis- Mr. RAHALL. Mr. Speaker, I yield 4 game of who’s responsible for this. minutes to the gentleman from Utah trict in southern Arizona but to the b 1945 rest of the country as well. (Mr. MATHESON) who’s been very in- According to a new study by strumental in helping us develop this Our caucus leader, Mr. EMANUEL, said Navigant Consulting, an 8-year exten- piece of legislation, especially in re- that the oil crisis first started 35 years sion of the solar ITC could lead to more gards to the oil shale. ago with the 1973 oil embargo. Dif- than 440,000 permanent jobs and attract Mr. MATHESON. Mr. Speaker, I ferent parties have been in power in $232 billion in investment through 2016. thank the chairman, both for yielding the White House and in the Congress, I thank the leadership. I thank the the time, but more importantly I and we can look back in hindsight and chairman. I thank those who have thank the chairman for his leadership say there may have been a lot of deci- worked so hard at listening to the peo- on putting together a bill that really, I sions that should have been made but ple of southern Arizona and across this think, speaks to a number of issues weren’t, or other actions that should country about this newer, brighter fu- that we all care about. have happened but didn’t. The blame game is not particularly ture. It’s no surprise we’re less than 50 productive. What we ought to talk I urge my colleagues on both sides of days before an election that the rhet- about doing is how do we move forward the aisle to support this balanced bill oric out here on the House floor may as a country? How do we set public pri- and call on our colleagues in the Sen- get a little hotter than usual, and on vacy that allows the private sector to ate to pass this legislation as well. an issue as important as this, I think innovate? How do we make progress Mr. PEARCE. Mr. Speaker, I would that’s unfortunate. with new technology? How do we take yield 2 minutes to the gentleman from I think if we can, for just a few mo- ourselves to a new position where we Texas (Mr. HENSARLING). ments, maybe set that aside and really are no longer dependent on foreign en- Mr. HENSARLING. Mr. Speaker, take a look at what this bill is and talk ergy? That’s the type of discussions I since the Democrats took control of about what’s in the bill, I think that think most people around the country Congress the price of gas has increased would be productive, because, you want us to have. That’s the type of dis- 75 percent. Mr. Speaker, their first re- know, this bill actually takes ideas and cussion we ought to be having here on sponse was to declare a 6-week vaca- clauses and sections from a lot of dif- the floor tonight. And I’m not hearing tion while the American people suf- ferent bills that have been introduced enough of that, quite frankly, from fered. Republicans spoke out. The by a lot of Members of Congress. There both sides of the aisle. have been all kinds of energy bills in- American people heard. They de- This bill does increase production. It troduced by Republicans, by Demo- manded action. opens up substantial amounts of the crats. This particular bill we’re talking So now what do we have, Mr. Speak- offshore resource for exploration. The about tonight incorporates a lot of er? In the dark of night, we have pro- bill also includes oil shale production. those ideas, and that’s a good thing, duced a 240-page nonenergy energy bill, A lot of people on the other side of the and it reflects a cross-section of the with no amendments, no substitutes, aisle said it does not, but it does. It House of Representatives in terms of no committee hearings, supposedly eliminates the moratorium. It gives point of view. from a Speaker who promised us the the States the ability to opt in to do If we take a look at this bill, you will most open, democratic, and fair process that. It is a huge potential resource. known to mankind. These are strong- see that there are Democrats and Re- It includes the important tax credit arm tactics that are more befitting of publicans who could actually come to- extensions that so many people in this Hugo Chavez’s Venezuela than they are gether and agree on a lot of these body on both sides of the aisle support. the United States of America. things. I suspect with the election com- Oh, I know there are things in this bill Mr. Speaker, this bill does not ing up we may have more of a partisan that probably every Member of Con- produce American energy. It is a sham. nature on this vote than we would like. gress could come up with something It is a fraud. There are no new refin- At the end of the day, I think we all they don’t like. I’m sure every Member eries, no clean coal, no ANWR, no nu- spent a lot of time in August meeting of Congress could come up with things clear, and regardless of what they say, with our constituents. We all have had they would like to see in this bill that Mr. Speaker, no production of our deep the experience of going to the pump are not in it tonight. When you try to sea resources. and paying a lot more than we are used put together a consensus bill, that’s And, in fact, this bill makes matters to and a lot more than we like, and the nature of the process. worse. It would permanently ban the we’ve all felt the pain of that process. But this is an important step. It’s a development of our oil and gas re- We’ve talked to a lot of our constitu- step that allows us to say we are mov- sources on almost 88 percent of our off- ents who have also felt the unease of ing ahead with domestic production, shore resources. that circumstance, and they are anx- we’re moving ahead on accruing new You know, it’s ironic, Mr. Speaker, if ious about looking for opportunities to technology, we’re moving ahead on try- the Democrats would do nothing—and move beyond that. ing to reduce our dependence on for- certainly, they’ve had lots of practice That’s what we’re looking to do. I eign supply. doing nothing—this moratorium on de- don’t think my constituents think the Again, I commend the chairman for velopment would go away in just 2 government can wave a magic wand his leadership. I ask everyone to sup- weeks. Decades and decades of Amer- and solve all this. When I talk to my port this bill. ican energy, oil and gas in the ground, constituents, they know that this is a Mr. PEARCE. Mr. Speaker, I recog- ready to be developed, but the Demo- complicated issue, that it is going to nize myself for 10 seconds before recog- crats won’t let us do it. take a comprehensive approach, and a nizing Mr. JOHNSON of Texas for 2 min- In fact, this has called the publica- lot of the solutions are going to come utes. tion Roll Call to ask, ‘‘Is this just an not necessarily from government but Mr. Speaker, this bill taxes American elaborate exercise to give their Demo- from the private sector, the innovators refinery jobs and does not tax foreign crat Members a heaping dose of polit- in our country. That’s why this coun- refineries. So we’re giving the advan- ical cover?’’ The answer, Mr. Speaker, try has always done so well in global tage to foreign jobs and we are hurting is ‘‘yes.’’ competitions through innovation. American jobs. We need all of the above. We need I’ve met with various businesses in Mr. Speaker, I yield 2 minutes to the conservation. We need renewables. We my own congressional district just in gentleman from Texas (Mr. SAM JOHN- need alternative energy. But we need the last few weeks who are making re- SON). more American energy, too. Democrats markable progress on technological ad- (Mr. SAM JOHNSON of Texas asked view our oil and gas resources as toxic vances, and it’s exciting. It’s invig- and was given permission to revise and waste sites. Republicans view them as orating. We should be optimistic about extend his remarks.)

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00101 Fmt 4634 Sfmt 0634 E:\CR\FM\K16SE7.155 H16SEPT1 jbell on PROD1PC69 with HOUSE H8232 CONGRESSIONAL RECORD — HOUSE September 16, 2008 Mr. SAM JOHNSON of Texas. The Mr. Speaker, I yield 2 minutes to the legislation are disappointed here. This American people want, need, and de- gentlelady from California (Ms. LORET- is not a serious piece of legislation. serve a Congress that responds to their TA SANCHEZ). This is a piece of legislation that seems needs and acts diligently on their top Ms. LORETTA SANCHEZ of Cali- to be geared simply to give some peo- priority. Sadly, the Democrats in Con- fornia. I thank the kind chairman for ple some cover for the upcoming elec- gress, beholden to their radical leftist not only allowing me to speak on this, tions. interests, have blocked progress and but also for all the work that you’ve If we had a serious piece of legisla- will not let us do the job that the done to put this together. tion that would provide for allowing us American people sent us to Washington I rise today in support of the Com- to exploit our own resources, it would to do—find real energy solutions. prehensive American Energy Security allow States to share in the revenue Ironically, the only border fence the and Consumer Protection Act. generated by offshore drilling. Without Democrats seem to care about is the A lack of action by the previous Re- allowing that, you simply guarantee fence they want to put up around the publican-led Congresses and policies of that no State will opt in. So there is a areas where we can’t explore for oil. the Bush Administration have led to lot of bait and switch here going on. That’s a disgrace. Solving our energy skyrocketing gas prices while Big Oil It seems that the only recycling in crisis means tapping all of America’s companies are earning their largest this is a familiar pattern of loading the resources for America’s future to cre- profits in American history. We need to bill up with a lot of items so you can ate American jobs and American pros- act now. We need to pass a balanced en- get votes from here and there. For ex- perity. Folks are sick and tired of pay- ergy bill, which is exactly what H.R. ample, one of the spending programs is ing around $4 a gallon for gas. They’re 6899 is. a National Consumer Awareness Pro- fed up with relying on foreign coun- Many Americans are facing financial gram to educate the public on the envi- tries and brutal dictators to supply our hardship because of our country’s en- ronmental and energy benefits of pub- energy needs. Americans have had it ergy struggles. This bill expands do- lic transportation. That’s not a serious with a Democrat leadership who told mestic drilling, it protects States’ bill about our energy crisis. This seems the Congress to take a 5-week vacation rights to maintain control over their to be a San Francisco bill with New instead of staying around to do their shores, and it allows America to move York sensibilities. jobs. towards the future by investing in new And speaking of New York, there is a The Democrat bill before us today is sources of energy. big fat item in for New York, about a a sham. They’re refusing to allow us to Despite some of the speeches we have $2 billion item which allows for the so- tap into our own home-grown energy heard on the floor today, the American called Liberty Zone. This provision resources and discouraging investment people and the States are not unani- would allow New York City to keep $2 in future energy supply. I’m here to mously in favor of an offshore drilling billion worth of the employers’ share of tell you, in Texas, this bill is all hat free-for-all. payroll taxes to invest in transpor- and no cattle. The looming expiration of the off- tation projects. That’s a specific lim- On October 1, the ban on offshore en- shore drilling ban on September 30 ited tax benefit for one entity here. ergy exploration on the Outer Conti- would allow drilling as close as three That’s an earmark by all definitions. nental Shelf expires. This bill would miles offshore in my home State of And yet nobody has been able to ex- put the lid on the OCS with no progress California. That’s very concerning for plain—and we sought this morning, we in sight. However, today’s bill puts ex- Californians who are committed to pro- sought all day to have somebody excessive rules and regulations back on tecting our shores from any drilling. plain what that has to do with our en- the OCS, landing us basically back And I support their sentiment. ergy future. Instead, it was just put in This bill provides a compromise, en- where we started. That’s not what I the bill to try to get a vote from here suring that States like California can call progress. and there. opt out of offshore drilling. Quite Again, this is not a serious piece of We owe it to the American people to frankly, it seems like those people who legislation. It is meant to provide po- get this one done right. We need to would be for States’ rights would sup- litical cover. It should be rejected. open up the Outer Continental Shelf. port this provision that ensures that And, hopefully, as the moratorium goes We need to allow States to share the States are involved in the decision of off, we will get to really addressing our revenue of oil exploration. We need to whether to drill between 50 and 100 energy future. tap Alaskan areas that hold potential miles off of their shores. Mr. RAHALL. Mr. Speaker, I yield 2 for domestic energy resources, not just In addition, the remaining Outer minutes to the gentleman from Texas the parts cherry-picked by the Speak- Continental Shelf beyond the 100 miles (Mr. CHET EDWARDS). er. would be open to oil and gas leasing. As Mr. EDWARDS of Texas. Mr. Speak- We must be open to oil shale, clean you might imagine, that doesn’t thrill er, when it comes to reducing gasoline coal, nuclear, and renewable energy Californians, but this is a compromise; prices now, this energy bill does some- sources like wind and the sun. We don’t it’s a compromise that gives States thing important, something that Re- need more bureaucracy, we need more control over the waters closest to them publican bills refused to do. This bill innovation, and we need it all. while also advancing the Federal drill- will release onto the market 10 percent I’m urging my colleagues on both ing interests further offshore. of the Strategic Petroleum Reserve, sides of the aisle to work together to In addition to the drilling provision, which already has 700 million barrels of come up with real energy reform for this bill will help enhance our national oil in it. our children, grandchildren and Amer- security and move toward energy inde- By dramatically increasing the sup- ica’s future. pendence by investing in renewable ply of oil onto the market this year, we Mr. RAHALL. Mr. Speaker, I yield sources of energy. This legislation ex- will drive down the price of oil, which myself 15 seconds. pands and extends tax incentives for is being kept artificially high by oil The previous gentleman has once renewable electricity, energy such as speculators who don’t produce any- again referred to the so-called ‘‘5-week solar and wind and plug-in hybrid cars thing except profits at the expense of vacation’’ during the month of Au- and energy-efficient homes and build- average working families and busi- gust—a time period that we all have ings and appliances. nesses. enjoyed with our families and working I urge everybody to vote for this bill. Just look at the facts. In 1991, when in our districts—without mentioning Mr. PEARCE. Mr. Speaker, I yield 2 former President Bush released just 17 the fact that for the 90 days prior to minutes to the gentleman from Ari- million barrels of oil from the SPR, oil that August district work period, Re- zona (Mr. FLAKE). prices dropped by 33.4 percent in just publicans called for 18 motions to ad- Mr. FLAKE. I thank the gentleman one day, 33 percent in one day. In 2000, journ this House, and they called for for yielding. when President Clinton released oil two motions today to adjourn this You know, a lot of us who spent time from the SPR, oil prices dropped by House without consideration of this at home hoping that we would come 18.7 percent. The fact is that releasing bill. back here and vote on a serious piece of oil from the SPR is a proven way to

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00102 Fmt 4634 Sfmt 0634 E:\CR\FM\K16SE7.143 H16SEPT1 jbell on PROD1PC69 with HOUSE September 16, 2008 CONGRESSIONAL RECORD — HOUSE H8233 drive prices down quickly, and that’s out the first 50 miles, and litigation pay their fair share to the American people for why this bill mandates the release of 70 blocks that out and all of the rest. the use of our federal lands. For too long the million barrels of oil. I have here a copy of the Federal major oil companies have enjoyed the highest Now I can see why oil speculators Code. This is the legislation that ended profits ever recorded at the expense of the don’t like the idea of lower prices. I litigation on the North Slope of Alaska American consumer, all while utilizing only a can see why ExxonMobil doesn’t like in 1973. That’s what it took. No one got fraction of the Federal land available to them the idea of lower prices. I can’t quite through the environmental litigation; for drilling. This has only served to increase see why my Republican House col- it was an act of Congress. If we don’t our reliance on foreign oil. leagues have voted against releasing have an act of Congress, we’re not The bill Democrats are proposing today rep- oil from the SPR earlier this year. And going to get through this litigation, resents a change in the direction for our Na- none of their bills include this idea. It and all of our energy is going to be tion’s energy policy. H.R 6899 puts our Nation makes one wonder just whose side are locked up, Mr. Speaker. on a path towards a sustainable renewable they on now. Well, I’m going to be on So this bill does nothing for corn eth- energy future by eliminating unnecessary tax the side of families and businesses in anol, coal, ANWR, nuclear, the first 50 breaks to oil companies and using these funds America who want lower oil prices miles, oil shale, natural gas, hydro- for research into alternative fuels and renew- today, not 20 years from now. electric, or the litigation that’s block- able energy and efficiency tax incentives. We The Republican bill says to the pa- ing it. can put American know-how to work, strength- tient that’s hemorrhaging, well, help is ening our economy and creating good-paying b 2000 on the way 10 or 20 years from now. jobs here at home instead of $700 billion each And the patient is hemorrhaging and Mr. RAHALL. Mr. Speaker, I yield year to the Middle East. We can use the re- the American economy, businesses and 11⁄2 minutes to the gentleman from sources of rural America to grow energy right families are hemorrhaging economi- North Carolina (Mr. ETHERIDGE). here at home and strengthen our commu- cally today, they need and deserve help (Mr. ETHERIDGE asked and was nities. today. Let’s vote for this bill tonight. given permission to revise and extend Finally Mr. Speaker, H.R. 6899 has shown And let’s help Americans this year by his remarks.) that the Democratic Congress has listened to lowering energy and gasoline prices. Mr. ETHERIDGE. Mr. Speaker, I rise the American people and not the big oil com- Mr. PEARCE. Mr. Speaker, I yield 2 tonight in support of H.R. 6899, a companies. This is comprehensive legislation that minutes to the gentleman from Iowa prehensive plan to use our Nation’s re- includes a compromise that will responsibly (Mr. KING). sources and Americans’ know-how to open the Outer Continental Shelf, OCS, for Mr. KING of Iowa. I thank the gen- reduce prices and to free our Nation drilling, while demanding that oil companies tleman from New Mexico for yielding. from the grips of foreign oil. use the leases they have already been issued The Strategic Petroleum Reserve, I This legislation invests in renewable or lose these leases to oil companies that ac- think it’s named exactly what it is. energy sources such as cellulosic eth- tually want to produce oil. Why, at a time when we have hurri- anol, biomass and soybean diesel, cre- This legislation gives States the authority to canes that have hit the gulf coast, ating good-paying jobs here at home allow drilling from 50 to 100 miles offshore that’s a time we might want to have to and growing our rural economies. This and makes all OCS waters beyond 100 miles tap into the Strategic Petroleum Re- legislation has opened up the Outer immediately available for oil exploration. This serve. When we’ve got Putin sitting Continental Shelf. It has renewed drill- puts our resources to work to meet our Na- over in Georgia, Ahmadinejad threat- ing while demanding that oil compa- tion’s needs while at the same time protecting ening to close the Straits of Hormuz nies use the leases they already have our coasts. and we’re opening up the Strategic Pe- that have been issued or lose the leases I know how high energy prices are hurting American families. This bill makes important troleum Reserve for what, for political to other oil companies that will actu- changes to improve our energy supply and re- strategy? Not for strategy for the secu- ally produce oil and gas. It is time to duce costs. This is a bill that we can all sup- rity of the United States of America. end the giveaway to big oil companies port on behalf of the American people. I urge That defies logic, I would say. that are reaping record profits while my folks in North Carolina and their my colleagues to vote in favor of H.R. 6899. And to swap out sweet Texas crude The SPEAKER pro tempore. The gen- for heavy Venezuelan oil at the same families are struggling to afford to fill tleman from New Mexico (Mr. PEARCE) time also defies logic to track this. their own gas tanks. Today’s bill does has 291⁄4 minutes remaining. The gen- Why would anybody come to the floor just that. tleman from West Virginia (Mr. RA- and defend opening up the Strategic This legislation puts our Nation on a HALL) has 233⁄4 minutes remaining. Petroleum Reserve? path toward a sustainable energy fu- Mr. PEARCE. Mr. Speaker, I would But, Mr. Speaker, I came here to ad- ture through greater energy efficiency yield 2 minutes to the gentlewoman dress this overall energy piece. And and conservation. This legislation is from Virginia (Mrs. DRAKE). first, I’m for all-American energy all for the people of North Carolina and for Mrs. DRAKE. Actually, Mr. Speaker, the time. I want to open up all of it. America who would rather grow their I’m disappointed to be standing here And I’m also for an open process, not own fuel instead of sending billions of tonight, discussing the bill that we’re for a 290-page bill that hit the presses dollars to the Middle East. discussing, and I really wonder what last night at 10 o’clock and the Rules Mr. Speaker, I urge my colleagues to the Americans who are sitting at home Committee at 10:45. How in the world vote in favor of this progressive, futur- watching our debate tonight are think- could they evaluate it? And further- istic piece of legislation to free Amer- ing. From one side, they’re hearing more, what’s the purpose of this con- ica. this is the best thing that has ever hap- stitutional process if there is no sub- Mr. Speaker, I rise tonight in support of pened to America. From the other side, committee, no committee, no amend- 6899, the Comprehensive American Energy they’re hearing what this bill is really ments allowed anywhere along the line, Security and Consumer Protection Act. all about. amendments denied at the Rules Com- H.R. 6899 will increase American oil produc- I represent Virginia’s Second Con- mittee as well, a closed process—yes, tion, invest in renewable energy sources and gressional District. That’s the entire an open debate for 3 hours, but not a new efficiency technology, end giveaways to coastline in Virginia—the Atlantic process that allows perfection? big oil companies, and create jobs here at coastline. For the 4 years that I’ve So it seems to me that we’ve handed home. This legislation puts our Nation on a served in Congress, 2 years of those the entire authority of the United path toward energy independence through were on the Natural Resources Com- States Congress over to the Speaker greater energy efficiency and conservation, mittee. I worked on this issue of the from San Francisco, who writes a pol- and lowers the price average Americans con- Outer Continental Shelf. I can’t tell icy, 290 pages, that doesn’t do anything sumers pay for the energy they need. you how disappointing it was to know for us. For too long, this administration and the Re- that the rumors I was hearing over the And I would add, Mr. Speaker, that publicans in Congress have relied on a single weekend were true and that, yes, it even the Outer Continental Shelf, if we approach to our Nation’s energy policy, allow- would open up the Outer Continental do nothing, it opens up. If this bill ing big oil companies to decide when and Shelf on paper but not in reality, be- passes and becomes law, then it blocks where to drill, while failing to ensure that they cause what this bill does is it says,

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00103 Fmt 4634 Sfmt 0634 E:\CR\FM\K16SE7.145 H16SEPT1 jbell on PROD1PC69 with HOUSE H8234 CONGRESSIONAL RECORD — HOUSE September 16, 2008 from 50 to 100 miles, yes, States, you hum, and the economic activity of this against existing oil companies bidding may opt in. However, Virginia and drilling off the coast is going to make on any of these new leases that might every other coastal State, you will re- a lot of the economies of these States eventually come up. If you substitute ceive no royalties for doing that. hum. Hollywood for Big Oil, that’s like say- Now, when you look at the Gulf I can sure understand. Look, if I were ing we won’t let George Lucas or we States—Alabama, Mississippi, Lou- from Virginia, I’d be saying, ‘‘Hey, give won’t let Steven Spielberg produce an- isiana, Texas—371⁄2 percent of those us some money. Give us some of this.’’ other movie because Star Wars or royalties go to those individual States. I understand that, but as a Nation, this something like that made so much I don’t think that this Congress be- year alone, it’s going to run poten- money the last time, which is simply lieves in treating our States dif- tially $500 billion in the red. Don’t you silly. ferently. think we have some responsibility to We want our major oil companies to So, in discussing this bill, the reality our Nation, to all of the States and to be out there producing and developing of this bill will be that States will say our children? these leases because they’re the ones ‘‘no’’ because why would a State agree You know, I like this bill, in my com- most likely to actually find something to be treated so completely differently? ing from an energy State, because it and to produce it in a cost-effective So the reality becomes industry can go has got so many things in here that are fashion. I would point out that, for harvest this resource at 100 miles out. positive. I mentioned our contribution every dollar of profit our major oil The problem is that’s very expensive; in oil, but we also have a major wind companies make, they pay 31⁄2 times it’s much more dangerous, and we dimension to our State. They call us that in taxes. It’s a 3-to-1 return to the know the bulk of the resource in the the Saudi Arabia of wind. If you’ve taxpayer when an oil company actually Outer Continental Shelf is within 50 ever been up to the high prairies of finds, develops, produces, and sells en- miles of the coast. North Dakota, you’d know what ergy for America. So what we’re saying is, yes, Amer- they’re talking about. We need to con- The bill before us has absolutely no ica, we’re going to do it, but in reality, tinue the tax support for the drilling- permitting reform. As Congressman no, America, it won’t work. I think wind energy, and it’s in this bill. SHADEGG has pointed out, if you elimi- Americans are smarter than that, and The SPEAKER pro tempore. The nated all of the moratoria and just did Americans today understand that we time of the gentleman has expired. that and really let any area that’s in have vast resources in this country Mr. RAHALL. I yield the gentleman the public domain be leased, it still that we’ve blocked. It’s time for us to an additional 30 seconds. wouldn’t be developed because the na- have a solution to open our American Mr. POMEROY. There is one other tional environmental groups preemp- energy, to meet our needs and to treat thing I wanted to mention. We’re sit- tively file these lawsuits. our States fairly. ting on 800 years of lignite coal at If you really want to have develop- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE present consumptive rates. The provi- ment and production, we have to do The SPEAKER pro tempore. Let the sions of this bill that deal with trying something on permitting reform, and Chair remind Members, because it has to get clean coal technology so that that is not in this bill either. We really happened three times during the de- this can continue to be an abundant, do need to be working together. Con- bate, that Members should not traffic affordable component of our energy gressman ABERCROMBIE and Congress- the well while another Member has sources while trying to meet new envi- man PETERSON have developed a bipar- been recognized and is in the process of ronmental concerns is going to take in- tisan bill that, I believe, has over 100 speaking. Members should not ap- vestment. It’s in this bill. This bill is a cosponsors, I would assume, equally di- proach the microphone in the well diverse bill—oil, renewables like wind vided between the Republicans and the while another Member is speaking. It’s and clean coal. This bill deserves your Democrats. Very little of that bill is in discourteous, and Members owe better support. I hope you will. this bill. than that to each other. Mr. PEARCE. Mr. Speaker, I would We simply must stop posturing po- Mr. RAHALL. Mr. Speaker, I yield 2 yield 3 minutes to the gentleman from litically and must really start devel- minutes to the gentleman from North Texas (Mr. BARTON). oping good, sound public policy. The Dakota (Mr. POMEROY). (Mr. BARTON of Texas asked and way to do that, in my opinion, would Mr. POMEROY. Mr. Speaker, I’m was given permission to revise and ex- be to defeat the base text, to vote for a from North Dakota. I can understand tend his remarks.) motion to recommit or to send the why someone from Virginia would Mr. BARTON of Texas. Mr. Speaker, whole thing back and start over, I want the State of Virginia to get a lot I would point out for those States that guess, next week with a clean sheet of of money for drilling more than 50 are not coastal States, if they have paper. miles out, but you know, from where I Federal or State lands that have min- Vote ‘‘no’’ on the bill that’s before come from, when you’re past 50 miles eral development or hydrocarbon de- us. off the coast, I’m not thinking of Vir- velopment, those States do get a roy- Mr. RAHALL. Mr. Speaker, I yield 2 ginia; I’m thinking of ocean. When alty share if it’s public. Now, if it’s on minutes to the gentleman from New you’re dealing with leases owned by private land, then the royalty goes to York, a valued member of our Natural the United States of America, I think the private landowner, but if it’s on Resources Committee, Mr. HINCHEY. of resources that ought to come to the public land—State or Federal—and it’s Mr. HINCHEY. Mr. Speaker, I want United States of America. on an onshore State, there is a royalty to express my appreciation to Chair- By the time this administration is that the Federal Government pays to man RAHALL for his leadership and for done bailing out Wall Street, we may the State. the good job that he has done with this be looking at a fiscal deficit this year We are here this evening because this bill and to Speaker PELOSI for her lead- of $500 billion. Sure, it would be nice to is the climactic day, apparently, or ership in putting this together. just cut a big, old slice and give it to evening on whether we’re going to have It has taken some time, but never- States here or to States there, but a domestic energy production program theless, we have now a good, forward- what about the Federal Treasury for for America that comes out of this looking piece of energy legislation, and heaven’s sake? Congress. The bill before us pretends to it’s high time. We know that we have, I’m from a State that has got some be just that bill. roughly, 3 percent, actually less, of the oil. I’m very proud of what’s going on The problem is in section 101. The known oil reserves around the world, in North Dakota. We’ve got a play first title of the bill is a leasing prohi- and we are now importing about 70 per- called the Bakken shale play. They es- bition bill. There are so many prohibi- cent of the oil that we’re consuming. timate there are 4 billion barrels of re- tions throughout the bill that, in point Obviously, just those numbers tell us coverable oil, some of it on U.S. leased of fact, when you sort it all through, clearly that we have to be moving in a land. North Dakota is not getting a you have tax increases on coal because different direction. big, old slice of that, but we’re sure there’s an existing coal tax that is set So this bill makes it a lot easier for generating a lot of economic activity. to expire in 2014, and it’s extended to us to drill for our own oil, and it makes Man, it’s making our State’s economy 2018. You have huge prohibitions that oil more accessible. Already we’ve

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00104 Fmt 4634 Sfmt 0634 E:\CR\FM\K16SE7.147 H16SEPT1 jbell on PROD1PC69 with HOUSE September 16, 2008 CONGRESSIONAL RECORD — HOUSE H8235 seen what has happened. The price of a If you want to complain about Big reference once again, to a provision in barrel of oil has dropped down by more Oil profits, you know how you can this bill that would restructure the 9/11 than 30 percent even though a price of lower the profits of oil companies? You New York Liberty Zone bonds. We had a gallon of gasoline has dropped only can increase the supply of American a more extensive debate about this ear- by 12 percent, which is interesting oil, which will immediately reduce the lier today, and I don’t want to nec- since the oil companies are continuing price of gas at the pumps. And, by the essarily go back into that. to exploit the situation. way, then their profits fall down. But I think it is important to note The fact of the matter is and, I But we need to be mostly concerned for the record, on May 15 of this year, think, one of the main parts of this bill about what we can do to help the under questioning within the Ways and which really needs our attention is the American consumer, and that means Means Committee, the Deputy Assist- way in which it is moving us toward increasing the American supply. This ant Secretary for Tax Policy, Karen energy independence, energy independ- bill does nothing to increase American Sowell, stated that the President ence on alternative renewable energy, supply. And you don’t have to just ask would oppose earmarks, but supports which this bill opens up in a way that me, you don’t have to ask my Repub- restructuring the New York Liberty has never been opened up before. That lican colleagues. You can ask my Zone bonds and that the language in- is extremely positive and very good for Democratic colleague, Senator cluded in his budget reflects that, that us. LANDRIEU, across the aisle; Senator this is not an earmark. What we really need here is a new in- LANDRIEU, who said this bill, the Demo- Once again, I repeat: The 9/11 restruc- dustrial revolution, an industrial revo- crat House liberal energy bill, is dead turing money is not an earmark. It is lution which will enable us to develop on arrival in the Senate because of the part of the $20 billion that you, that all of the energy that we need from provisions in the bill that literally will we, promised New York after the at- solar, from geothermal, from wind. allow no drilling to occur to help in- tacks of 9/11, $18 billion of which has already been delivered, or thereabouts. $2 b 2015 crease American supply, to reduce our dependence on Middle Eastern oil. billion has yet to be used, and, quite I think solar is the primary way, and Now, if you want to be relying on frankly, in the form it is in today, is that has been obvious to a lot of peo- OPEC, this is your bill. This is the bill not usable, and that is why we are ple, including somebody like Thomas that takes away all of our leverage so doing this. This is not something new. Edison in 1933, who said it very clearly that we can finally tell OPEC we are We have already passed this four pre- back then, solar energy is the one reli- moving away from our dependence on vious times. We just have not yet been able form of energy. It ought to be in- Middle Eastern oil, we are not going to able to get it enacted into law. creasingly clear to all of us now. And need you anymore, and then we have So I would just remind my colleagues this bill opens that up. It is going to the money from all the billions that once again that this is not an earmark. make solar energy real, significant, will be generated to bridge ourselves In fact, your former chairman of the less expensive, and move us toward en- into all of the renewables we are trying Ways and Means Committee, Mr. ergy independence. And at the same to achieve in the American Energy Thomas, he is the person who put this time it does that, it will have a very Act. into law. We are trying to fulfill a positive effect on our economy. The This bill won’t get us there, though, promise that you made. likelihood is over a relatively few because by taking away revenue shar- Mr. PEARCE. Mr. Speaker, I would years, if we do this properly, solar ening, which, by the way, for States like yield myself 15 seconds before yielding ergy will produce more than 1 million Louisiana is what we would use to re- 5 minutes to the gentleman from Penn- jobs in America. store our coast, which is our barrier sylvania (Mr. PETERSON). So I thank you for the job that you against hurricanes. Why would they I would again point out that there is have done. You are finally moving us want to take away the money that we more stimulation for bicycles in this in the right direction. would use to protect us from future bill than there is for nuclear power. Mr. PEARCE. Mr. Speaker, I yield hurricanes? That is one of many rea- That indicates this new direction we myself 15 seconds prior to yielding to sons why this bill is clearly dead on ar- are being taken by the majority. Mr. SCALISE 2 minutes. rival in the Senate. They don’t want to Mr. Speaker, I yield 5 minutes to the I would point out, Mr. Speaker, that pass a bill if this is the only option gentleman from Pennsylvania (Mr. PE- the carbon footprint of solar is tremen- they are going to put on the table. TERSON). dously higher than that of wind. It is Bring back the American Energy Mr. PETERSON of Pennsylvania. I exponentially higher than the carbon Act, a truly bipartisan bill, and let’s want to thank the gentleman for yield- footprint of nuclear. So while we are solve this crisis together. ing, and I want to thank all the Mem- trying to clean up the environment, we Mr. RAHALL. Could I have a time bers of this body for participating. are dumping now solar carbon into it. check, please, Mr. Speaker? Those of you that have been down here Mr. Speaker, I yield 2 minutes to the The SPEAKER pro tempore. The gen- for hours, I want to thank you. I want gentleman from Louisiana (Mr. tleman from West Virginia has 191⁄4 to thank my friend Mr. ABERCROMBIE SCALISE). minutes remaining, and the gentleman from Hawaii, who has worked at my Mr. SCALISE. I want to thank my from New Mexico has 22 minutes. side for half a decade, bipartisanly, to colleague. Mr. RAHALL. I have the right to try to figure out how we can make I am glad in one sense that we are fi- close, I assume? America energy independent and open nally having a real debate with people The SPEAKER pro tempore. Yes. up the resources that we have. on both sides of the aisle. For the last Mr. RAHALL. Mr. Speaker, I yield How can the most powerful country 5 weeks, Republicans have been here 11⁄2 minutes to the gentleman from New in the world allow itself to be in a posi- debating this issue. For the last 4 York (Mr. CROWLEY). tion where its energy prices depend on months, we have actually had a pro- Mr. CROWLEY. I want to thank my three things that they have no control posal on the table. friend, Mr. RAHALL, for yielding me over? We just faced one, and we dodged What is very unfortunate is we this time. a bullet again from major damage; hadn’t seen a formal proposal by our Let me just remind my colleagues on storms in the gulf. They happen most friends on the other side until 10 the other side of the aisle, when this years. It will depend on that whether o’clock last night. The bill was filed by bill passes and when it becomes law, we have available affordable energy. dark of night, no inclusion of the mem- after passage of the Democratic energy The stability of the 13 largest oil bership on the other side, no bipartisan bill, 85 percent of the total oil avail- companies in the world, all bigger than agreement. And yet now the bill is able offshore will be open for explo- Exxon, unstable countries, non-democ- going to be thrown up here with no ration and drilling. My colleagues on racies who have governments that tip ability to offer amendments to the the other side simply can’t take yes for over often. And if any one of them tips most important issue facing our coun- an answer, and I am perplexed by that. and produces two or three million bar- try today, and that is solving this na- We continue to come back, and I rels less oil, there is a shortage of oil in tional energy crisis. know that my friend Mr. FLAKE made the world.

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00105 Fmt 4634 Sfmt 0634 E:\CR\FM\K16SE7.150 H16SEPT1 jbell on PROD1PC69 with HOUSE H8236 CONGRESSIONAL RECORD — HOUSE September 16, 2008 And then we have been lucky that ergy availability for America. There is TON or he will yell at me. So many terrorists have not yet attacked our lots of blame to go around. Let’s stop folks. JEFF MILLER, so many. NICK energy system. It is so vulnerable. blaming each other here. LAMPSON, he is down there tonight. How did we let ourselves get there? Who are the losers? The working peo- The reason I bring all those names up Well, most of our lifetime, in fairness ple of America, Mary and Joe, retired is that we are productive with H.R. 6709 to the former Congresses, energy was seniors, living in a family homestead, I think because we got away from lob- cheap, $2 gas and $10 oil. A spike in the struggling to have money for their byists coming in or corporations com- seventies, a spike in the eighties, a automobile fuel and going to try to ing, advocacy groups, and we got away spike in the nineties. We tried alter- heat that big old home this year. Last from the leadership clash, if you will, natives, but they didn’t work, because year they kept it at 58. They don’t over who is going to get the House or cheap oil ran them out of the market. know what they are going to do this who might not. Folks, cheap oil is gone. Cheap nat- year. In all honesty, I want to move this ural gas is over. We are in a new era. Jim and Nicole with three children. bill tonight. I agree, by the way, with We are sharing energy now with a They have an eight-year-old vehicle DON YOUNG, I agree with what JOHN whole part of the world that didn’t use and a modest older home. They kept just said, what THELMA said, all the it before. We will soon not be the big- their home at 60 raising kids, and they folks over here on sharing the reve- gest user of energy. don’t know how they are going to do it, nues. I think we didn’t have enough in- Twenty-eight years ago, we decided because their bills are going to be formation coming from the CBO on it was better to use theirs, not ours. We much higher this year. that. It looks now like we can put roy- started locking up our Outer Conti- Then Margie, a single mom with a alties in and it won’t create a pay-as- nental Shelf. A few years later we tried teenage daughter and a teenage son. you-go problem. to open ANWR when it was starting to She drives 40 miles to work one way, There are a lot of things that can be get a little tighter, and a President ve- that is 400 miles a week. That is really done, if we can move the bill along. toed it. About the same time, they set stretching her budget with these gas That is what I am asking, just move one of the largest coal reserves in prices. Her gas bill has gone from $175 this bill along. It is like JIM COSTA said America, I believe it was in the State to $220 to $230. She has no idea how she earlier, a work in progress. Come on, of Utah, aside, as if it wasn’t impor- is going to pay it. there are very few rookies here, very tant, millions of acres. The small businesses that employ the few rookies legislatively, even if you More recently, in legislation that bulk of our friends and neighbors are are just new in the body. We have got slipped through and got signed, unfor- struggling to pay their energy bill. four or five different shots at this in tunately, we locked up shale oil, the Folks, we need to deal with this en- order to perfect a bill. big new field that has awesome poten- ergy issue, and we need to deal with it I wouldn’t vote for this bill if it came tial. bipartisanly and get cost-effective en- back now and this was conference bill. And the one that stuns me, the fast- ergy for this country. I wouldn’t vote for it. But this gives us est growing renewable, and I haven’t Mr. RAHALL. Mr. Speaker, I am very an opportunity to move this along. heard anybody mention it here, woody happy to yield 5 minutes to the gen- That is all I am looking for. And, be- biomass, 3.6 percent now. Woody bio- tleman from Hawaii (Mr. ABERCROMBIE) lieve me, the Republicans can claim mass. Pellet stoves, wood waste for and want to salute him not only as an they forced the Democrats to take it boilers, and we are hoping to do cel- extremely knowledgeable person on our up and they made their point, and the lulosic ethanol from it. We have legis- Committee on Natural Resources, but Democrats will claim that they went lation that says wood waste from our one who has worked with us through- for the bigger national interest and Federal lands can’t be used. out this process, has been involved acted in a nonpartisan way. Tar sand oil, the new oil from Canada every step of the way and has contrib- 2030 that we have built our refineries to uted magnificently. b use, we have legislation that is going I just want to salute Mr. ABER- Everybody can make their political to made it difficult to get that. CROMBIE for his tremendous efforts on claims. But let’s keep this moving. We Every year since I have been here we behalf of this compromise bill. have been talking to SAXBY CHAMBLISS, have become 2 percent more dependent (Mr. ABERCROMBIE asked and was come on, a lot of us served with him on foreign oil, and we will again next given permission to revise and extend here in the House; and LINDSEY year. Unfortunately, this legislation his remarks.) GRAHAM, he is our friend; BEN NELSON, locks up 97 percent of the west coast Mr. ABERCROMBIE. Mr. Speaker, I MARY LANDRIEU. I told MARY, left a energy availability. It removes the want to thank JOHN PETERSON as we message, said, look, don’t say it’s dead part of the eastern gulf that is the move on this bill, whatever happens to- on arrival. We are for the revenue shar- most easy to obtain, close to where we night. I notice there are some Members ing. We can work this out. are producing today, where the infra- we have been working with. The American people will blame all structure is there and we can do it This is kind of an emotional moment of us. The American people will not say quickly. On the east coast, most of the for me, I will tell you, because one of the Democrats have showed up the Re- energy is between 25 and 50 miles out, the great sorrows that I am going to publicans, or the Republicans sure and it is locked up. have out of this is not so much that showed the Democrats. They are going Then I guess the part that bothers our bill didn’t make it to the floor, but to blame the Congress, because they me, I was a State legislator before I that JOHN PETERSON is leaving the Con- want energy independence. We have to came here, we are kicking the ball to gress of the United States. Of course, have it. the State legislatures. It is Congress’ he is doing it always for the right rea- My plea to you is that we take this role to provide energy for America. We sons, for somebody else, and, of course, bill and move it along and get it into are saying to State legislators, vote to we hope that your wife, JOHN, is going the Senate. We have nothing to lose open up. We are not going to give you to be well. I send her greetings and love and everything to gain in terms of en- royalties. There is no win in it for you, and affection tonight, the love and af- ergy independence, number one; and, but you be statesmen. You take on fection we bear for you. You make the number two, preventing the exporting that environmental lobby and you open word ‘‘honorable’’ mean something of needed American dollars from in- that land up, because we won’t. very deep and real in this House. vestment in this country to import en- Yes, prior to this bill, the ANWR In- I see Mr. BISHOP and others. Mrs. ergy. That’s the reason that we need to terior bill was available, and for the DRAKE was here. There are so many do this. last number of years I forced many of names we were working with: JIM We have got to get away from, I see you, and some of you groaned, to vote COSTA and DAN BOREN, BILL FOSTER, there is something from the National on whether we continued the morato- TIMMY WALZ, TIM MURPHY. So many Wildlife Federation, comes in today, a rium. people. I am going to risk hurting peo- lot of praise for the bill, but they don’t Fourteen Congresses and three Presi- ple’s feelings if I don’t name every- like the oil shale provision, where it’s dents have not adequately valued en- body. But I have got to say DAN BUR- an opt-in from the State, so they still

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00106 Fmt 4634 Sfmt 0634 E:\CR\FM\K16SE7.153 H16SEPT1 jbell on PROD1PC69 with HOUSE September 16, 2008 CONGRESSIONAL RECORD — HOUSE H8237 kill the whole bill, kill everything be- has prevented the U.S. from utilizing our manufacturing sector that relies upon nat- cause there is something in it they own resources and made us dangerously de- ural gas for both fuel and feedstock. We have don’t like. We urge you to oppose it pendent on foreign oil supplies from un- lost over 3.0 million high paying manufac- friendly countries. They will not fall for a turing jobs since 2000 and high natural gas and the motion to recommit too. So we bill full of gimmicks which does not do the prices have played a significant role. end up with nothing. job. According to the Energy Information Ad- Other people, we have been using We strongly urge a ‘‘no’’ vote on H.R. 6899. ministration, natural gas demand has grown words like ‘‘hoax,’’ despite claims to Sincerely, by 9.8 percent since 2000 while production has the contrary, this is not a drilling bill. LARRY HART, remained flat despite record well comple- Believe me, when the Speaker came Director of Government Relations, tions. Production in 2000 was 19.2 trillion around on this, and it’s one of the rea- The American Conservative Union. cubic feet versus 19.3 trillion cubic feet in sons I feel we should move forward 2007. Recent growth in natural gas from INDUSTRIAL ENERGY shale is encouraging, but this has not yet with the bill, the Speaker doesn’t want CONSUMERS OF AMERICA, shown sufficient production to accommodate this bill, believe me. But she is not the Washington, DC, September 15, 2008. the growing demand by the power sector let leader of the California delegation, she Hon. NANCY PELOSI alone provide additional supplies for the is the Speaker of the House, and she Speaker of the House, motor vehicle industry. feels that something has to move Washington, DC. Congress has a history of passing mandates along, even if she doesn’t approve of DEAR MADAM SPEAKER: We thank you for that increase demand for natural gas while placing domestic energy production at the simultaneously failing to put in place a long- most of the provisions that are in here, top of the September legislative priorities. term framework to increase production—this if she had her own personal way. What Together, we must act to solve our energy must change. Federal mandates such as the I am asking is let’s rise above the argu- crisis that is impacting every American and low-sulfur fuels standard and the biofuels ments. Let’s rise above the clash with threatens the competitiveness of our manu- (ethanol) mandate both increased demand one another. facturing sector. On behalf of the Industrial for natural gas. And, pressure to reduce I don’t say that for altruistic rea- Energy Consumers of America (IECA), we greenhouse gas emissions has resulted in a 35 sons, I say it for practical reasons, look forward to working with you to in- percent increase in natural gas demand by practical legislative reasons. We will crease domestic production of affordable and the power sector. Together, the increases in reliable energy and to increase conservation demand and resulting higher price signifi- not be forgiven by the people of this and efficiency across all sectors of the econ- cantly contributed to the erosion of US man- Nation if we are not able to move an omy. ufacturing base since 2000. energy bill to the Senate so we have a The Industrial Energy Consumers of Amer- IECA does not support the federal Renew- fighting chance to try and work the ica is an association of leading manufac- able Portfolio Standard (RPS). Incentives, legislative process here. Let’s not have turing companies with $500 billion in annual not mandates are the appropriate way to in- the kids that come to visit us every sales and with more than 850,000 employees crease the nation’s supply of renewable en- day, the people who come to our office nationwide. It is an organization created to ergy. States that have abundant renewable promote the interests of manufacturing com- energy resources have enacted programs sincerely asking us for our help, look panies for which the availability, use and while those not endowed have not done so for at us and say they couldn’t do the job cost of energy, power or feedstock play a sig- good reason. A federal RPS would have a that they were sent here to do. nificant role in their ability to compete in devastating impact on the global competi- Mr. PEARCE. Mr. Speaker, I submit domestic and world markets. tiveness of the pulp and paper industry that for the RECORD three letters of opposi- As significant consumers of energy, our uses biomass as a feedstock and fuel. We tion for this bill from The American competitiveness is largely determined by the urge you to delete this provision from your Conservative Union, Industrial Energy cost of energy and especially natural gas and legislation. electricity. Given this, we have reviewed key For both cost and security reasons, it is Consumers of America, and the Na- components of your legislation and offer the important the Congress support research and tional Association of Manufacturers. following comments. deployment of carbon capture and sequestra- DEAR REPRESENTATIVE PEARCE: On behalf Your legislative provision to open the tion (CCS) technology to use our vast coal of the American Conservative Union, I urge outer continental shelf (OCS) to drilling is a reserves. IECA is troubled with this provi- you to vote ‘‘NO’’ on H.R. 6899, the so-called bold positive step and we applaud you for it. sion because it increases the price of elec- ‘‘Comprehensive American Energy Security However, unless modified, it will not result tricity to us and to consumers thru a wires and Consumer Protection Act,’’ a 290 page in increased offshore production. To increase charge. It is essential that the provision be bill put on the floor with less than 24 hours production, either remove the provision that modified to ensure that the wires charge be notice under a closed rule with no room for requires a state to approve drilling in their paid for by ‘all’ consumer classes and that it amendments. offshore areas or provide royalty incentives specifically designate that no less than 10 When we were kids, we all played a vari- to states who agree to allow drilling. Also, percent of the revenues be directed for indus- ation of the game ‘‘Let’s Pretend’’ in which the 50 mile requirement is problematic be- trial applications for CCS. we pretended to do something or be some- cause according to the Minerals Manage- Thank you for considering our views and body knowing it was make-believe. The au- ment Service 80 percent of our known nat- we look forward to working with you. thors of this bill are playing ‘‘Let’s Pretend’’ ural gas and oil reserves are located within Sincerely, with the American people, pretending they 50 miles offshore. If our goal is to increase PAUL N. CICIO, are passing a bill to increase domestic en- domestic production and increase our na- President. ergy production when they know it will do tion’s energy security, we must not limit no such thing. drilling to beyond the 50 miles. SEPTEMBER 16, 2008. By eliminating revenue sharing for the IECA also encourages you to allow produc- DEAR REPRESENTATIVE: The National Asso- states in royalties for offshore oil and gas tion access to the Alaska National Wildlife ciation of Manufacturers (NAM), the nation’s drilling while requiring states to approve the Refuge. This is an area in Alaska that is the largest industrial trade association rep- drilling leases, the bill’s sponsors know it is size of the Los Angeles airport with tremen- resenting small and large manufacturers in unlikely the states will bother to give their dous known hydrocarbon resources that will every industrial sector and in all 50 states, approval. Even Democratic Senator Mary significantly add to our national energy se- urges you to oppose the Comprehensive Landrieu of Louisiana has said this bill ‘‘will curity. American Energy Security and Consumer not see the light of day in the Senate’’ IECA strongly oppose provisions that pro- Protection Act. should it pass the House. vide monetary incentives and mandates to We are encouraged that the House of Rep- The bill prohibits drilling less than 50 use compressed natural gas (CNG) as a motor resentatives has taken steps to craft an en- miles offshore when the sponsors know that, vehicle fuel. The transportation fuels mar- ergy bill that will result in measurable en- to give an example, 95 percent of the known ket already has alternatives and is devel- ergy efficiency gains and renewable energy reserves off the coast of California are less oping more options in which to fuel their incentives. We also recognize the important than 50 miles out. market while home owners, farmers and attempt to expand domestic energy develop- Once again, as in other energy legislation, manufacturers who use natural gas do not. ment in the Outer Continental Shelf (OCS). the bill needlessly increases taxes that only This provision puts the transportation mar- While we support an increase in domestic en- serve to increase the cost of energy. The bill ket in direct competition for the same nat- ergy supplies, we have serious concerns that will also increase electricity bills for the av- ural gas and will result in much higher without any state revenue sharing mecha- erage consumer by forcing utility companies prices. We urge you to delete this provision nisms it is highly unlikely that states will to use alternative fuels regardless of the from your legislation. Later, after we have ‘‘opt-in’’ to leases and the result will be no cost. This provision has already been re- had several years of increased natural gas new access. jected by the Senate in a previous energy production such an initiative could be re-vis- Moreover, the NAM strongly opposes provi- bill. ited. sions in the bill that would: The American people are demanding we Increasing demand without first signifi- Increase taxes on energy producers, includ- change our bankrupt energy policy which cantly increasing supply could devastate the ing ending the Sec. 199 deduction for certain

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00107 Fmt 4634 Sfmt 0634 E:\CR\FM\K16SE7.156 H16SEPT1 jbell on PROD1PC69 with HOUSE H8238 CONGRESSIONAL RECORD — HOUSE September 16, 2008 producers and limiting it for others and re- the extremists who obstruct our way of omy and over the production of Federal stricting the use of foreign tax credits. This life and who obstruct everything that resources? It just doesn’t make sense will directly add to the costs to energy pro- we stand for. I believe in American what we are doing here tonight. duction, discourage new domestic oil and It does not make sense that we don’t natural gas production and make domestic exceptionalism, I believe in our ability energy investments less competitive eco- to bring hope to the entire world. cure the litigation problems that are nomically with foreign opportunities; Everyone wants to come to this Na- going to kill our economy dead. It Create a mandatory 15 percent federal re- tion to find their hopes, and we are liti- doesn’t make sense that we are saying newable portfolio standard. This provision gating ourselves out of it. I don’t un- ‘‘yes’’ to bicycles, no to nuclear, no to will directly add to the cost of electricity for derstand why this Congress and this that easy to get to oil off the coast, no manufacturers and consumers by mandating majority is making the stance that we to clean-coal technology. We are say- a renewable standard in regions of the coun- ing ‘‘yes’’ to the extremists and ‘‘no’’ try that do not have adequate resources to are not going to build nuclear. Instead, comply. In effect, it would translate into a we want you to ride your bicycles. to the American family. new tax on electricity, passed on to U.S. Oh, by the way, we are going to tax I think the American family is going manufacturers and consumers. those American jobs. We are going to to take note for a long time what we While the NAM cannot support this legisla- tax them out of existence if we have to, are doing here tonight. tion and urges its defeat, we are prepared to because we have got a point to prove. Mr. Speaker, I reserve the balance of continue to work with Congress to advance That’s what I see in this bill. We are my time. energy legislation that lowers costs for man- going to tax American jobs, and we are Mr. RAHALL. Mr. Speaker, may we ufacturers and promotes energy security . have a time check. I am prepared to The NAM’s Key Vote Advisory Committee going to let that foreign gasoline come has indicated that votes on the Comprehen- in here tax-free, so we are going to do close on this side. sive American Energy Security & Consumer that, but we’re going to get back at The SPEAKER pro tempore. The gen- Protection Act will be considered for des- somebody. That’s what I hear in this tleman from New Mexico has 11 min- ignation as Key Manufacturing Votes in the bill. utes remaining, and the gentleman 110th Congress. Thank you for your consider- We need every form of energy that we from West Virginia has 123⁄4 remaining. ation. can get our hands on now, and, in the Mr. PEARCE. We have two more Sincerely, future, our need for energy increases speakers. JAY TIMMONS, Mr. RAHALL. Mr. Speaker, I reserve dramatically. Why are we doing noth- Executive Vice President, the balance of our time. National Association of Manufacturers. ing in this bill for clean coal tech- Mr. PEARCE. Mr. Speaker, I yield 3 Mr. Speaker, I yield myself 6 min- nology? Why are we doing nothing in minutes to the gentleman from Florida this bill for the easy-to-get offshore gas utes. (Mr. YOUNG). We have heard my friend from Hawaii and oil? Mr. YOUNG of Florida. Mr. Speaker, just compel us to vote for the bill. But We prohibit, forever, oil and gas that when Puerto Rico kicked us out, yes, with all respect, I would say that we lies just off our shore. We say to the oil kicked us out of our training areas for have constituents who are struggling companies, you can go out there at 50 the Air Force and the Navy in Vieques, to make their budgets balanced. They to 150 miles, that ultra-deep stuff, we had to move that specialized type of have $4 a gallon gasoline, high cost of that’s where the stimulations are right training into the eastern Gulf of Mex- food, increasing taxes, and we are tell- now. There are no stimulations for on- ico. We established a military mission ing them, ride a bicycle. We are telling shore production. There are no stimu- line and said there would be no drilling them we are not going to build nuclear lations for that shallow-water produc- platforms or drilling ships there be- power plants. tion. The only stimulations are for cause it would not be compatible with China gets it. China is converting that very deep, deep production, and the type of training. from bicycles to nuclear, while we are we hear constant complaining and ac- The type of training that we are converting from nuclear to bicycles. If cusations. doing there with the Air Force and the China gets it, how come we don’t? Ev- That stimulation to deep, offshore Navy aviation, as well as the naval sur- eryone in this country is worried about production is increasing our capability face ships are hypersonic weapons, su- our jobs disappearing to China. They to produce our own jobs and our own personic aircraft, long-range missiles, are worried about our standard of liv- energy. We are sending over $600 billion stand-off missiles like AMRAAM, and ing decreasing. They are worried about a year out this country to other coun- we are talking about Patriot missiles. the ability to pay for their kids’ col- tries. We are providing jobs for them, We are talking about all types of ord- lege, and we are sitting here saying and we are not providing jobs here. nance being used to train our pilots ride a bicycle, drive a solar car. If we reinvested, and if we invested in and our ship crews, a very specialized With all due respect, I wonder if the our local oil and gas economies, we training. Speaker is going to leave tonight in a could produce at least a 6 percent rate For those of us who are determined black solar limousine. I wonder if the of growth in this economy just by that. to make sure that our forces have the Speaker has a nuclear car. I wonder if Forget the other services that are best training possible, this is the only the Speaker has a wind-powered car. going to come along with just the $600 place, according to a briefing that I We are dealing in gibberish here while billion. We are making foolish, upside- had with the Deputy Secretary of De- the American people are suffering and down decisions here, and this Nation is fense this week, the Air Force this while our economy is suffering, and going to pay for it. Small businesses week, the Navy this week, this is the why are we doing it? are going to go out of business. We are only place east of the military mission I will tell you, I watched in the 1970s seeing the difficulty that we have com- line where this type of training can as this Congress began to do things to peting worldwide, and this Nation is take place in America. kill an industry, the timber industry. going to see a decline in the standard So those who are concerned, those of There were 20,000 jobs in New Mexico in of living because of decisions that we us who are concerned about this, are the timber industry, and this Congress are making here. curious as to what will the motion to at that time eliminated those jobs by Last December, we made a decision recommit have to do or speak to this killing the industry, allowing litiga- to put all shale off-limits, 2 trillion area east of the military mission line? tion to stop every single project. There barrels of shale. The American country It’s very important to us. It’s very is nothing in this bill to stop litiga- has not used 1 trillion of shale, of oil, important to our national security and tion. since our inception, and we put 2 tril- to those fighter pilots who are going to I think that Americans are tired of lion off-limits. Then we come into this be doing their training here before they watching special interest groups bring bill and we sort of tickle around with it get into a combat situation. litigation to stop drilling, to stop min- and say, well, maybe you can if your Mr. BOEHNER. Will the gentleman ing, to stop oil and gas, to stop timber, State says you can. yield? to stop everything. They stopped con- Where else do we allow the States to Mr. YOUNG of Florida. I will be struction projects. say, no, you can’t produce those Fed- happy to yield to the leader. I think the American people are eral assets. Where else do we give the Mr. BOEHNER. I thank my colleague ready to take back this country from States the veto power over our econ- for yielding.

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00108 Fmt 4634 Sfmt 0634 E:\CR\FM\A16SE7.054 H16SEPT1 jbell on PROD1PC69 with HOUSE September 16, 2008 CONGRESSIONAL RECORD — HOUSE H8239 Mr. Speaker, it would be our inten- our energy solutions, but we are will- The bottom line: ‘‘Ms. Pelosi’s com- tion in the motion to recommit to pro- ing, in South Carolina, to pay the promise deserves support. If it fails, tect this military mission area. price, just like in Louisiana, just like the Democrats must fight to renew the After we lost our training area off in Texas, just like some other places, moratorium. Otherwise, there could the coast of Puerto Rico, I think all of California and other places, that are well be oil rigs within 3 miles of Amer- us understand how important this area using their energy resources to help ican shore.’’ is to the training of our war fighters cultivate the economy of this great Na- Thank you, Mr. Speaker, and thank and the fact that it needs to be pre- tion. you to the New York Times. Mr. PEARCE. Mr. Speaker, I yield 1 served for that purpose. b 2045 Mr. YOUNG of Florida. I want to minute to the gentleman from Cali- thank the leader. This is important to We recognize if we don’t do all of the fornia (Mr. CALVERT). most of us and to our military. So I above, we are going to find ourselves in Mr. CALVERT. Mr. Speaker, the thank the gentleman for his response. a Third World situation. We need nu- American people have made it clear Mr. RAHALL. Mr. Speaker, I yield clear power. We need wind, we need that they support all-of-the-above en- myself 1 minute. solar power. But we also need gas and ergy solutions that increase the pro- Mr. Speaker, I appreciate the com- oil. Gas is one of the best fuels we can duction of American-made energy, in- ments of the gentleman from Florida find. We can burn it in our automobiles cluding offshore energy. Unfortunately, and his concern for the area off his and we can burn it in our power plants. the Democrats’ so-called energy bill is coast, and I appreciate the minority It is a clean-burning fuel, and we have anything but an all-of-the-above en- leader’s comments in response that he an unlimited reserve off the Outer Con- ergy bill. would be protected in the motion to re- tinental Shelf. We need to be able to The Democrat bill claims to expand access those resources. commit. We do protect him in this bill. offshore drilling, and yet it expands Mr. RAHALL. Mr. Speaker, I yield 2 We met with the Florida delegation. drilling in areas where there isn’t any minutes to the gentleman from Ten- We are perfectly aware of the concern oil. nessee (Mr. COHEN). of the Department of Defense to this The energy bill also requires the Mr. COHEN. Mr. Speaker, I wanted to States to opt in to allow offshore en- particular area, the military training reference today’s New York Times edi- and equipment training that takes ergy exploration off their coast. How- torial, not a Member of this body but ever, it doesn’t even provide them with place therein. We are preserving exist- the editorial page. It is titled, ‘‘Ms. ing law in our bill, which holds that a share of the royalty revenues. Pelosi Compromise.’’ I think the American people would area off-limits to drilling unless there ‘‘This is obviously not the best mo- agree that we should be providing is a memorandum of understanding be- ment for Congress to rush through an coastal States with incentives to tween the Secretary of Defense and the energy bill. The country is caught up produce energy, not discourage them. I Secretary of Interior. That is the cur- in a heated Presidential campaign. strongly oppose any effort to treat rent law that was enacted in 2006. Voters are furious at high gas prices. California as a second-class State, and Mr. Speaker, I reserve the balance of Republicans are happily pandering to I am frankly surprised that the Speak- my time. that anger, while the Democrats fear Mr. PEARCE. Mr. Speaker, I would er would support a bill that denies our it. And at the end of this month, just State royalty revenue benefits that recognize Mr. BROWN for 2 minutes. before Congress heads home for the Mr. BROWN of South Carolina. I ap- other States currently enjoy. election recess, the long-standing mor- This bill does nothing to increase preciate the gentleman yielding. atorium on offshore drilling is sched- Mr. Speaker, the argument that we production of nuclear power, nothing uled to expire—providing an oppor- for hydropower, and nothing to in- have today is an argument that we tunity for more grandstanding.’’ have been discussing for a long, long crease refining capability. This bill is The editorial continues that ‘‘these hardly change we can believe in. In time about our energy and energy inde- are not sensible times, which means pendence. fact, this bill isn’t change at all. that Congressional Democrats, particu- Mr. RAHALL. Mr. Speaker, I am pre- We recognized, this past week, when larly House Speaker Nancy Pelosi, pared to close, so I reserve the balance the storm went through Houston, that must try hard to make the best of a of my time. we found another problem that we had. bad situation. Mr. PEARCE. How much time re- We were concerned about the price of ‘‘The situation, briefly, is this: the mains? gasoline. Republicans have been bludgeoning the The SPEAKER pro tempore. The gen- Now we are concerned about the Democrats with the claim that Demo- tleman has 51⁄2 minutes remaining. price, not the price, but the avail- cratic opposition to offshore drilling is Mr. PEARCE. Mr. Speaker, I yield 1 ability. What we need is more supply if to blame for high fuel prices and that minute to the gentleman from Texas we are going to compete in the world drilling is the answer, or one answer to (Mr. GOHMERT). arena. the country’s dependence on foreign Mr. GOHMERT. Mr. Speaker, we Some 70 percent of our energy today oil. know that litigation has been stopping is coming from foreign sources. If you ‘‘We find it hard to imagine that they all of the attempts at drilling and will have been following the dialogue on the really believe what they say. Drilling continue to do so unless there was world market, Russia now controls will have no impact on fuel prices for something in the bill to end the litiga- most of the natural gas going to the at least 15 years, if then, and any num- tion. So we know that is going to stop European nations. ber of efficiency measures will do more it. We know that this bill has an opt-in You notice from time to time there is to reduce the country’s dependence for States but won’t give them a dime a threat to cut that supply off. One day than drilling for America’s modest off- of revenue so they are not going to opt that’s going to happen to America. shore reserves. But the chant of ’drill, in. With 70 percent of our energy coming baby, drill!’ is playing far too well on So what this has become is akin to from offshore from people that don’t the campaign trail for the Republicans what I saw this weekend after the hur- like us, we are going to have the same to let the facts get in the way. ricane. On the radio and on the phone problem one day, a supply problem. ‘‘The Republicans have offered bills people were told that this gas station Just like we had back with the oil em- that would provide broad access to the at such and such location now has gas. bargo in the 1970s, the same situation Outer Continental Shelf and in one People would run down there only to is going to happen to us, even as we see case allow drilling as close as 12 miles find it was out of gas. That is what this some families now going to stations, from shore. So Ms. Pelosi is taking no bill does. and they say ‘‘out of supply today.’’ chances. As early as Tuesday she is ex- Here is energy; people are going to The bill we are looking at today con- pected to unveil what she advertised as run out, and when they get there, they cerns me. I represent the coast of a grand compromise. The bill would are going to find out there isn’t any. South Carolina, some of the prettiest allow drilling in all of the Outer Conti- Mr. PEARCE. Mr. Speaker, I yield 1 beaches in all the world. We would love nental Shelf beyond 100 miles offshore minute to the gentleman from Michi- to say there are alternate ways to find from States that permit it.’’ gan (Mr. MCCOTTER).

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00109 Fmt 4634 Sfmt 0634 E:\CR\FM\K16SE7.158 H16SEPT1 jbell on PROD1PC69 with HOUSE H8240 CONGRESSIONAL RECORD — HOUSE September 16, 2008 Mr. MCCOTTER. Mr. Speaker, two Mr. Speaker, this debate has pro- guess what, as we stand here tonight, quick points as the debate draws to a gressed for a long time, but made a no Member has read. close. First, I have to question again very short distance. The American peo- All right, some Member, any Member the use of the term ‘‘compromise.’’ The ple have a right to expect that we stand up and tell me you have read this use of the term ‘‘compromise’’ implies would do our job, that we would do our bill. That is what I suspected. Not one that the minority party was consulted, job to ease the pain in their everyday Member has read the bill that we are our advice was sought, that we could life. They have a right to expect that about to consider. No hearings on the channel the wishes and aspirations and we would increase the competitiveness bill, no committee action, no one has voices of our people into this debate as of American companies so that we are read, and the bill purports, purports to the legislation moves forward. We were able to hold a good, strong economy. increase American energy. But I want denied that opportunity. Perhaps it They have a right to expect that we you to consider this: 85 percent of the would be best to clarify that this is a would give fairness to all States. They known reserves off of our coast on the compromise amongst the Democratic have a right to expect that we would Outer Continental Shelf, 85 percent at Party itself and not amongst the ma- use good common sense in establishing a minimum are locked up permanently jority and minority parties. this bill. under this bill. And of the 15 percent Secondly, this bill continues to ra- Mr. Speaker, we are failing on every that are purportedly opened, the States tion energy. This is a government ra- account in the bill that is before us to- would have to comply to open those tioning of energy, and at this point in night. When we should be establishing Outer Continental Shelf reserves. But time when America needs energy pro- American dominance in the energy there is no revenue sharing to the duction, it will not meet the needs of field, we are saying ‘‘no’’ to nuclear States like there is in Texas and Lou- people who are suffering. and ‘‘yes’’ to bicycle power. When we isiana and Mississippi and other areas. Mr. PEARCE. Mr. Speaker, I yield 1 should be doing our job to find new There is no revenue sharing, so the minute to the gentleman from Texas clean coal technologies, we don’t even States have no incentive to want to (Mr. BARTON). mention them here. When we should be open up the Outer Continental Shelf. Mr. BARTON of Texas. Mr. Speaker, drilling for every amount of oil that we So how much new drilling will we get I want to thank the gentleman from can find here to create American jobs out of this bill? Zero. It is just zero. New Mexico. and to stop spending $700 billion over- And there isn’t a Member in this body My comments on this last 1 minute seas, we are limiting our ability to who doesn’t know it is zero. So when I are more on the process. I have spoken produce here. call it a hoax or a sham, I think you all at length on the policy, or lack thereof. We were told 2 years ago that we understand what I am trying to say. I thought it was ironic that we had were going to see a plan, and tonight No new nuclear plants in this bill, no Congressman ABERCROMBIE and Con- we were told we have new ideas. Those new oil shale drilling in this bill. No gressman PETERSON on the floor earlier new ideas are riding bicycles and kill- clean-coal technology in this bill. We speaking about their efforts to come up ing the American economy with higher are the Saudi Arabia of the world when with a bipartisan compromise bill. I fuel prices, hurting the American fam- it comes to coal. We have clean-coal think they made a noble effort. ily with continued restrictions of sup- technology. Whether it is coal to gas, I went to JOHN DINGELL, the chair- plies, putting ourselves strategically at coal to liquid, we have ways to use our man of the Energy Committee, and risk by selling off the Strategic Petro- coal in a clean way. Nothing in this bill asked if he would like to work with me leum Reserve. will allow it to happen. on the Energy and Commerce section Mr. Speaker, I request that all Mem- What does it have in it? It has a big of the bill; and he said that, quite bers, Republican and Democrat, vote old tax increase in it; you can be sure frankly, he wasn’t able to do that. ‘‘nay’’ on the bill in front of us tonight. of that. What else does it have in it? It has a I just asked DON YOUNG if he was ever Mr. Speaker, I yield 1 minute to the big earmark in it: $1.2 billion for the asked by Mr. RAHALL to work on a bill gentleman from Ohio (Mr. BOEHNER). City of New York on behalf of one in his committee, and Mr. YOUNG said Mr. BOEHNER. Let me thank my that never happened. colleague for yielding. Let’s just stop Member in this bill. Here we are trying My guess is that if I asked JIM and think for a moment about what to take some steps toward energy secu- MCCRERY, the ranking member of the our constituents are dealing with to- rity, and we have to load it up with a Ways and Means Committee, if he was night as we stand here. They have got big old earmark, $1.2 billion. A compromise, huh? This is no com- asked by Mr. RANGEL, the chairman, concerns about the economy, concerns promise. The compromise might have that Mr. MCCRERY would also say that about keeping their own jobs. They he was never asked. have concerns about whether they are been amongst a bunch of Democrat The point of fact is we have a 290- going to be able to put gas in their car chairmen who wanted to have some page bill that is being voted on the day tomorrow considering the high price of bill, but there is no compromise here. Let’s just describe this bill for what after the evening it was introduced. gas. Or we have the home heating crisis it really is. It is nothing more than po- There is no way you can have a sub- about to come to us as they are filling litical cover on the eve of an election stantive vetting, debate on this mas- their propane tanks and oil tanks and to say that we voted for an energy bill, sive amount of legislation in less than looking at the heating bills that are except there is no energy in it. a 24-hour period. And none of the rel- coming this winter. Congressional approval today is at And what are we doing? We are sit- evant committees on a bipartisan basis the lowest point in any time since poll- ting here tonight in the middle of the have held a markup, have held a hearing began, and our Members wonder biggest hoax I have seen in the 18 years ing, any kind of a legislative drafting why. session at all. And yet we are asking I have been in Congress. It is a sham, the 435 Members of this body and the and everybody in this Chamber knows b 2100 delegates that are allowed to vote on it is a sham. I know those are strong And it’s stunts like this that have the floor to vote on the most impor- words and words that I don’t use light- the American people so cynical about tant domestic public policy issue be- ly, but I want my colleagues to con- their Congress. They expect that the fore this Congress. sider this for a moment. Congress is going to do something That is not fair to the American peo- We have a bill here that purports to about increasing energy security in our ple. It is a disservice to the process; be a compromise, but I don’t know one country; that we’re going to do some- and for that reason alone, the bill Republican Member who was involved thing about bringing down the high should be voted down. in one meeting with regard to this cost of gasoline; that we’re going to do Mr. PEARCE. Mr. Speaker, may I in- compromise. It was written by the something about bringing down the quire of the time. Democrat leadership that runs this high cost of heating oil or propane or The SPEAKER pro tempore. The gen- Congress in the dark of night on a nap- natural gas this winter. tleman has 21⁄2 minutes remaining. kin. It showed up here last night at And what are we doing? Mr. PEARCE. Mr. Speaker, I yield 9:45, a 290-page bill at 9:45 last night Playing political games on the eve of myself 11⁄2 minutes. that no Member had ever seen; and an election.

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00110 Fmt 4634 Sfmt 0634 E:\CR\FM\K16SE7.162 H16SEPT1 jbell on PROD1PC69 with HOUSE September 16, 2008 CONGRESSIONAL RECORD — HOUSE H8241 The American people understand cerns. They send us here to represent In working with my colleagues that that 70 percent of our oil comes from their interests, and it’s about damn are cosponsors, Representative GENE overseas. More than half of that comes time that we represent their interests. GREEN, Representative GEORGE MILLER from OPEC, who’s considering lowering And by voting for the motion to recom- and Representative JOHN DINGELL, we their production in order to maintain mit tonight we can show them that have certainly reached out. Speaker the high price of oil. We’re just tee- we’re working in a bipartisan fashion PELOSI has been tremendous in her of tering, they’re just teetering with us, on their behalf. efforts, and as well as the leadership of kind of have us on a string because, ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE STENY HOYER, JIM CLYBURN, CHRIS VAN over the last 30 years, my Democrat The SPEAKER pro tempore. The HOLLEN and RAHM EMANUEL, and I cer- colleagues have stood in the way of Chair would once again remind Mem- tainly want to thank each and every more energy production in the United bers not to traffic the well while an- one of them. States. That’s why we’re in this box other Member is speaking. While the Charges have been made today that that we’re in today. And we have a distinguished minority leader was this bill does nothing to increase en- chance to do something. We have a speaking, another Member crossed ergy production. Indeed, the minority chance to move in the right direction, across the well. That is not supposed to leader just said that. And I want to but this bill isn’t it, and there’s not a happen, and the Chair would ask all quote, by the way, in an August 2005 Member in this Chamber who doesn’t Members to remember that and honor debate on this floor, when Minority understand this bill doesn’t do any- it in the future. Leader JOHN BOEHNER said that the thing about bringing us any closer to Mr. RAHALL. Mr. Speaker, I yield GOP energy bill, remember that bill, energy security. myself the remainder of my time. the GOP energy bill of 2005 would bring In a few minutes, we’re going to have Mr. Speaker, my colleagues on both down prices, writing, and I quote from an opportunity for all of the Members sides of the aisle, this has been a good Minority Leader BOEHNER at that time. on both sides of the aisle to do some- debate that we’ve conducted today. It’s ‘‘So what is being done to bring gas thing of substance. The motion to re- been a debate that as we’ve heard for prices down? The Energy Policy Act of commit tonight will be the Aber- several months over the last time pe- 2005 is a balanced bipartisan bill that crombie/Peterson bill. No changes. No riod in this body, we’ve had extensive will ultimately lower energy prices for tweaks, no nothing. And it’s painful. debates in the House over the energy consumers and spur our economy.’’ End And it may not be everything that I issue. We’ve had it on the House floor quote from Minority Leader JOHN want, but let me tell you, this bill is a during consideration of various energy BOEHNER addressing our energy con- bipartisan bill worked on by serious bills. We’ve had the debate during 1- cerns on August 19 of 2005. Members from both sides of the aisle. minutes. We’ve had it during Special The results speak for themselves. It’s a bill that does do all of the above. Orders. We’ve had it on bills that we’ve This legislation will increase domestic It gives us more drilling for oil and considered that have had nothing to do production of oil and gas. The offshore natural gas in an environmentally sen- drilling provisions opened up from 63 to sitive way off our coast. It does allow with energy, and we’ve even had a de- 80 percent. That’s 309 up to 404 million revenue sharing, revenue sharing to bate when the House was not in ses- acres of land off the Atlantic and Pa- the States so they have an incentive to sion. We’ve heard repeatedly that the Re- cific coasts that are currently off lim- participate in helping to open up this publican Members want a straight up- its to drilling. It depends, of course, on area off our coast. It’s got new nuclear or-down vote. That’s what we’re giving what the States decide. It goes beyond in it. It’s got oil shale drilling in it. It’s them by this rule today, and we’re got clean coal technology in it, and it’s the bipartisan compromise proposal in got a lot more money than the Demo- about to near that point. the Senate, opening up the West Coast It’s regrettable that oftentimes the crat bill when it comes to putting and the Northeast to drilling. debate today has used the words hoax, The offshore drilling provisions ex- money into renewables, trying to speed sham, bait and switch, not serious, po- pands oil available by at least 2 billion up their development to bring those re- litical gains, and I could go on and on barrels of oil, nearly 4 years worth of newables to market as soon as possible. And so we’ve got a chance to do the about the venom that has been spewed oil produced offshore in America and right thing tonight for the American from the other side. When it comes to enough to power 1 million cars for 60 people. We can show them, once and for political games and the bait and switch years. It also makes available enough all, that we can work together across tactics that we’ve been alleged to be natural gas to heat 6 million homes for the aisle. We can show them that we employing, I would say what is wrong over 42 years. can do something to move our country when we’re trying to represent the cry- Now am I going to sit here and say toward more energy security, because ing need and the desperate need of the that passage of this legislation is going most Americans understand that en- American people. to bring down the price of gas tomor- ergy security is paramount and is, in We are politicians in this body. We row or next month or next year? No, effect, our national security. know what the art of compromise is all I’m not going to say that; just as the This bill that we’re going to bring up about, or at least we should know what other side cannot say, no matter what under the motion to recommit will cre- the art of compromise is all about. We is in their recommittal motion, that is ate a million new jobs here in America. know the diversity that exists within not going to bring down the price of And with all the talk about a stimulus both sides, both caucuses in this body, gas tomorrow, next month or next year bill, the greatest stimulus we could and the diversity that exists among the either. give our economy is to create a million American people. But we all are united. We need a comprehensive energy new jobs, lower the cost of gasoline, We all are united in trying to resolve plan. This bipartisan effort, this, as we lower the cost of heating oil, lower the the crying need that the American peo- will see by the final vote on this bill, cost of energy that will actually even ple are telling us today needs to be ad- shows that we are making efforts to create more American manufacturing dressed. begin the road toward a comprehensive jobs. This bill has worked with both sides energy package. We have provisions in The question is, do we have the cour- of the aisle. In working with Rep- here for carbon mitigation, for carbon age to do the right thing? Do we have resentatives ABERCROMBIE and PETER- capture and sequestration for those the courage of our own convictions SON, that has been working with the who say there’s no coal. about doing what we know that we other side of the aisle. We provide $1.1 billion of tax credits have to do as a country to move our- We have also taken a lot of this lan- for the creation of advanced coal elec- selves toward more energy security? Or guage, not a lot of it, but elements of tricity projects and certain coal gasifi- are we going to show our constituents this proposal come from the so-called cation projects that demonstrate the that, once again, Congress is up there Senate Gang of 10 or 15, however many greatest potential for carbon capture playing political games with our fu- it is from the other body. Those that and sequestration. Of these $1.1 billion ture? say this is dead on arrival over there, I of incentives, $950 million would be It’s the American people. It’s their think, are a little premature in their awarded to advance electricity projects jobs. It’s their budget. It’s their con- predictions. and $150 million would be awarded to

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00111 Fmt 4634 Sfmt 0634 E:\CR\FM\K16SE7.164 H16SEPT1 jbell on PROD1PC69 with HOUSE H8242 CONGRESSIONAL RECORD — HOUSE September 16, 2008 certain coal gasification projects. Com- quires oil companies to pay their fair ings I have with my constituents. I always ing from a coal State, as I do, this pro- share so that we can make a historic hear: Congressman, we must do something vision is important. commitment to renewable energy fu- about energy costs! We also provide for the solvency for ture and alternative fuels and jobs for When I heard that the Speaker had an- the Black Lung Disability Trust Fund our people. nounced she would be bringing a bill to the in this legislation, something that is This bill puts us on the path toward floor to allow us to expand energy production, not inconsequential to those from coal energy independence. It protects our I felt that we had achieved success for the States as well. consumers. It provides transparency American people. Yes, the Speaker did hear On the revenue sharing point, we and accountability for the big oil com- the calls of the American people demanding have not provided for revenue sharing panies. It strengthens our national se- increased energy production, but she isn’t in this bill because these are the peo- curity, it helps reduce global warming, bringing a bill to the floor to expand energy ple’s resources. These are the resources the goals and the key ingredients that production. Instead, she is bringing to the floor that belong to the American people by are needed for a comprehensive na- a sham piece of legislation that seeks to only birthright and, therefore, the money tional strategy. give political cover to vulnerable Democrats gained through royalties should be And I say to my colleagues, let’s look who disagree with the will of the American shared with the American people, and forward of where this bill can go pro- people. revenue sharing is not a commonly ac- vided that there is that spirit of com- Some have cited how this bill opens up cepted method of providing the reve- promise from the other side, from the areas of the Outer Continental Shelf, OCS. It nues from royalty collection. I refer to other body and from the other end of may technically remove some of the barriers, the OCS legislation passed in 1954 Pennsylvania Avenue. And I think, but it does not include provisions to provide which provided for no revenue sharing. when all is said at the end of the day, the traditional revenue sharing between the The only time Congress has provided rather than shut the government down, Federal Government and States for the infor revenue sharing from these royalty we will see that those in the middle, come generated from these developments. leases is, as I said earlier, during Hurri- those who truly feel compromise is What incentive do coastal States have to then cane Katrina when the four States in- part of the legislative process, that develop their resources? I represent a coastal volved were in dire need of help to get compromise is what the American peo- State, a State that has expressed strong inter- back on their feet. So revenue sharing ple are yearning for these days, in est in developing the resources on our OCS. is not provided in this bill because we order to meet their high energy costs, I think the Commonwealth of Virginia should do not think a bribe is necessary for that that is where we will be when all benefit from revenue sharing, just as Texas, the States to opt in. The offer of new is said and done on the pending bill. Louisiana, Mississippi, and Alabama have. It is jobs, a new economy and all the related Again, I want to salute all of my col- unfair for Virginia to be treated differently than businesses thereto should be enough for leagues that have worked so hard on these other States when sharing our re- a State if they want to opt in to this this legislation on both sides of the sources. program to provide them incentives to aisle. I do not ignore the fact that Sadly, this isn’t the only provision that will opt in. there are certainly good-minded and unfairly harm Virginia. This legislation also In regard to the fiasco that’s recently fair-minded and compromise-minded contains a one-size-fits-all Renewable Electric been revealed to the American people, individuals on the other side of the Standard. This legislation assumes that all what has taken place in the Office of aisle. If only they were allowed to work States have the exact same amount of renew- the Minerals Management Service in their will as well. able resources and can develop them, and their Denver office, these are public So this is a good bill. I again salute punishes them when they cannot with pen- servants entrusted with fiduciary re- everybody that has been involved, and alties. The costs of energy due to the Renew- sponsibilities of ensuring that the I ask for its passage and a defeat of the able Electric Standard, as estimated by just American people receive a just return motion to recommit. one of Virginia’s many electric utilities, will infor the use of their resources. Mrs. MALONEY of New York. Mr. Speaker, crease $900 million for its retail customers. My This legislation sets up ethical codes I rise in support of H.R. 6899, and I thank constituents are already paying high prices for of conduct. It prohibits acceptance of Speaker PELOSI for bringing it to the floor energy; we don’t need to further increase gifts and ski vacations and other ex- today. these costs! The fact is Virginia does not have travaganzas that were being heaped This Democratic energy plan increases do- as many wind and solar resources as other upon these royalty collectors by big oil mestic energy supply, ensures more renew- states. In Virginia, we have a voluntary RPS companies. This Committee on Natural able energy and greater energy efficiency, and but our RPS contains nuclear and waste-to- Resources will have a hearing next protects the American taxpayers by making energy, two things not allowed if this legisla- Thursday and delve further into these sure that Big Oil pays their fair share of royal- tion becomes law. hearings to see how much the Amer- ties. Proponents of this legislation will tout how ican taxpayers were, once again, ripped It takes strong action to lower the price at green this bill is; however, if my colleagues off by the big oil companies. the pump, free our nation from its reliance on really want to promote green energy they In conclusion, Mr. Speaker, let me foreign oil, and create good-paying, green col- should encourage the production of more nu- comment generally about this bill and lar jobs right here in America. clear sites which provide CO2 emission-free the need to pass it this evening. It is a Quite simply, it is the American-owned, 21st energy. The rest of the world is far outpacing real comprehensive effort based on the century energy policy the country has been the U.S. in its commitment to clean nuclear need to move toward a comprehensive waiting for. energy. We generate only 20 percent of our energy bill. Are we all happy with this? My Republican counterparts have been ad- energy from this clean energy, when other No. vocating a ‘‘drill, baby, drill’’ approach, which countries can generate about 80 percent of As I said earlier, we are legislators. supports any drilling, any where, any time, no their electricity needs through nuclear. It is a We know what the art of compromise matter the environmental consequences. travesty that this legislation does not once is, and we know that this is a com- Instead, H.R. 6899 offers a responsible mention or encourage the construction of promise between the ‘‘no drillers any- compromise on drilling, with strong environ- clean and reliable nuclear plants. Nuclear en- where’’ and the ‘‘drill everywherers.’’ mental protections. ergy is the most reliable and advanced of any That’s what this bill is all about. We don’t need ‘‘drill, baby, drill’ when we renewable energy technology, and if we are We cannot have opening all lands, all can have ‘‘change-baby-change.’’ serious about encouraging CO2-free energy of our national monuments and other That’s what this bill gives us. use, we must support nuclear energy. areas in this country to drilling and be Mr. GOODLATTE. Mr. Speaker, during the Furthermore, this legislation does not even fair with the American people. We month of August I was pleased to join over address some of our most promising domestic must assure accountability. That’s 130 of my Republican colleagues in Wash- alternative and renewable energy supplies. what we’re doing with this legislation. ington to represent the American people on There is not one thing in this bill that address- As with all compromises, it does re- the floor of this House. It is undeniable that es clean coal technologies. Coal is one of our quire both sides to give. And in return the American people want us to develop our Nation’s most abundant resources, yet the de- for a responsible opening of more of our Nation’s resources. This is demonstrated in velopment of coal-to-liquid technologies is offshore areas for drilling, our bill re- poll after poll and exemplified with the meet- completely ignored by this bill.

VerDate Aug 31 2005 05:48 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00112 Fmt 4634 Sfmt 9920 E:\CR\FM\K16SE7.165 H16SEPT1 jbell on PROD1PC69 with HOUSE September 16, 2008 CONGRESSIONAL RECORD — HOUSE H8243 What’s even more troubling is the energy cause of a very real desire to wean our coun- employees working in metropolitan areas with resources this bill continues to keep out of the try off our dangerous addiction to imported oil. existing transit systems throughout the United hands of American consumers. The Demo- At current rates, that means a saving of 1.4 States. Current law limits this program to Fed- crats’ legislation prohibits environmentally re- billion gallons of gas a year, or 33.5 million eral agencies in the Washington, DC, metro- sponsible exploration of American oil shale re- barrels of oil. As transit ridership continues to politan region. This provision will provide more sources unless states ‘‘opt-in’’ to such a sys- grow, we can expect even greater reductions Federal employees with the incentives to tem and the bill does not allow local commu- in oil consumption and demand. According to choose transit options, thereby reducing their nities to share in the revenues generated from a recent study, if Americans used public tran- transportation-related energy consumption and oil shale exploration. The Department of En- sit at the same rate as Europeans—for rough- reliance on foreign oil. ergy estimates that 2 trillion barrels of oil shale ly 10 percent of their daily travel needs—the Finally, H.R. 6899 creates a national con- exists within the United States, resources that United.States could reduce its dependence on sumer awareness program to educate the the Majority does not seem to want to de- imported oil by more than 40 percent. This public on the environmental benefits of public velop. ‘‘mode shift’’ to transit should be a national transportation alternatives to the use of single Furthermore, this legislation does not permit goal, and strategies to achieve it should be at occupancy vehicles. responsible exploration of the Arctic National the forefront of any well-rounded energy de- Mr. Speaker, public transportation in all its Wildlife Refuge, known as ANWR, in Alaska. bate. forms—buses, light rail, subways, to name a According to estimates by the U.S. Geological Unfortunately, this lesson appears to be lost few—saves fuel and reduces our dependence Survey, ANWR holds between 5.7 and 16 bil- on the Bush administration. Although voters on foreign oil. Increasing the use of public lion barrels of recoverable reserves, potentially continue to approve state and local ballot ini- transportation by providing Americans the producing nearly a million barrels of oil a day. tiatives to support public transportation, the good transit service they want and need must Exploration and development in ANWR would administration has opposed increased funding open only 2,000 of the 19 million acres of the be an important part of a holistic national en- for transit to help public transit agencies keep ergy policy. refuge, or the equivalent of an area one-fifth pace with the rising costs of fuel and the de- the size of Dulles Airport in an area the size I strongly urge my colleagues to join me in mand for more transit service. In fact, by supporting H.R. 6899. of South Carolina. stressing the need for new transit projects to This legislation does nothing to address the Mr. MARKEY. Mr. Speaker, I rise in strong meet ‘‘cost-effectiveness’’ benchmarks above energy concerns of our country. This legisla- support of this bill. all other criteria, the administration has stunt- tion only makes the situation worse and it is This energy bill is truly a comprehensive en- ed or stifled altogether much needed growth in the product of a flawed process that does not ergy plan. I commend the great work of the transit. And this short-sightedness couldn’t be have bipartisan support! If we really want to gentleman from West Virginia, Chairman RA- happening at a worse time. make our country energy independent, this HALL, and Chairman DINGELL and Chairman According to a recent study by the American Congress must pass an energy bill that allows MILLER in crafting this balanced legislation. I Public Transportation Association, 85 percent and encourages the development of our Na- also want to commend Speaker PELOSI and of public transit systems nationwide are expe- tion’s resources. Americans are tired of Con- Majority Leader HOYER for their leadership in riencing capacity problems due to the unprec- gress playing politics when they are in des- pulling together what is truly a bipartisan ap- edented rise in ridership. The survey revealed perate need of relief from high energy costs. proach that Members from all regions should that 91 percent of public transit agencies re- It is time for Congress to get serious and allow be able to support. port that they are reaching the limit in their Americans increased access to their energy The Republican leadership says that they ability to add service to meet increasing rider- resources. want an ‘‘all of the above’’ energy plan. Well, ship demands. Further, more than 60 percent Mr. OBERSTAR. Mr. Speaker, I rise today today we get to see if they are serious, or if of the transit systems report they are consid- in strong support of H.R. 6899, the ‘‘Com- they have simply been playing politics. This ering fare increases and 35 percent are con- prehensive American Energy Security and energy bill is a comprehensive energy pack- sidering service cuts, some for the second Consumer Protection Act’’. This bill promotes age that will protect consumers, unleash the time in less than a year. energy savings for all Americans and ad- renewable energy revolution, increase energy vances the national security interests of the Just as high gas prices and the desire to use less foreign oil are inspiring more Ameri- efficiency and conservation and even expand United States by reducing its dependence on areas for domestic oil production. oil. cans to take the train or bus to work rather than drive alone, our Nation’s public transpor- While the Republican leadership and the In particular, I am pleased that this bill incor- Bush administration have said that they want porates H.R. 6052, the ‘‘Saving Energy tation systems are facing budgetary night- mares and high fuel prices of their own that ‘‘all of the above,’’ for the 6 years that they Through Public Transportation Act of 2008’’, controlled the White House, the House and which the House passed by a vote of 322–98 may cause them to be unable to meet any further growth in transit ridership. This bill recog- Senate, they did almost nothing to increase on June 26, 2008. The Committee on Trans- our use of renewable energy and energy effi- portation and Infrastructure also included nizes the importance of funding public trans- ciency. For 8 years, the two oil men in the these provisions in last year’s House-passed portation to further our energy savings and se- White House crafted an energy policy that put energy bill, but unfortunately, they did not be- curity goals. the interests of the American Petroleum Insti- come law. At that time, decreasing America’s Specifically, H.R. 6899 authorizes $1.7 bil- tute over the American people, and con- demand for foreign oil was often lost in the de- lion over two years for grants to transit agen- sumers are now paying the price at the pump bate, overshadowed by concerns over increas- cies nationwide to temporarily reduce fares, for that failed fossil fuel agenda. ing our supply. But decreasing demand is one expand services, or offset the increased cost of the most immediate and effective ways we of system and fleet maintenance to meet the One of the first actions the Bush administra- can deal with the high cost of gas and move needs of the growing number of transit com- tion took in 2001 after entering the White America toward greater energy independence. muters. House was to convene the secret Cheney En- Americans understand this. They are riding It also allows transit agencies to use these ergy Task Force to meet with executives from transit more and driving less. Public transpor- new grants to offset the increased cost of fuel the oil industry and craft an energy policy. tation all across the country is seeing record or to acquire clean fuel or alternative fuel vehi- Then the Bush administration and the Repub- ridership while the number of miles traveled in cle-related equipment or facilities. In addition, lican Congress passed an energy bill in 2005 personal automobiles is falling. Last year, transit agencies may use these grants to es- that gave billions of dollars to the oil and gas Americans took more than 10.3 billion trips on tablish or expand ‘‘commuter matching serv- industries while nickel-and-diming renewables. public transportation, the highest level in 50 ices’’, to provide commuters with information And in this Congress, the Republican lead- years. In the second quarter of 2008, com- about alternatives to single occupancy vehicle ership has followed the marching orders of the muters took more than 2.8 billion transit trips use. Bush administration and voted 13 times to nationwide, an increase of 5.2 percent. Mean- H.R. 6899 increases to 100 percent the block legislation that Democrats have brought while, use of personal automobiles is falling by Federal share for clean fuel and alternative- to the floor to increase our use of renewable record numbers when measured by vehicle- fuel transit bus, ferry, or locomotive-related energy, help protect consumers from high en- miles traveled, VMT. In fact, much of the re- equipment or facilities, thereby assisting transit ergy prices and ensure that big oil pays its fair cent drop in both crude oil and gasoline prices agencies in becoming more fuel efficient. share. While the Republican leadership says has been due to a reduction in demand. This legislation extends the Federal transit they want ‘‘all of the above’’ they have repeat- People are making these choices based not pass benefits program to require that all Fed- edly chosen ‘‘none of the above’’ and voted only on the high price of gas, but also be- eral agencies offer transit passes to Federal against these measures. But here they are

VerDate Aug 31 2005 06:27 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00113 Fmt 4634 Sfmt 9920 E:\CR\FM\A16SE7.071 H16SEPT1 jbell on PROD1PC69 with HOUSE H8244 CONGRESSIONAL RECORD — HOUSE September 16, 2008 today, crying crocodile tears that all these poli- 6899, that will help to end our addiction to for- relief. And the relief they need extends beyond cies that they have spent their entire career eign oil and will move our Nation toward a their urgent need for lower energy costs. Mr. opposing have not been implemented. clean energy economy. Speaker, the American people also need jobs The Republican leadership says they want For nearly 8 years, we have seen the con- and they need them now. ‘‘all of the above,’’ but here they are today, sequences of policies made by an administra- And I am proud to say that this bill seeks to once again opposing a truly comprehensive, tion that was literally ‘‘in bed’’ with the oil com- achieve both—it seeks to lower energy costs compromise energy bill that will not only in- panies, as evidenced by the recent scandal at and create jobs. This legislation will create crease our use of renewable energy but will the Mineral Management Service, MMS. Prof- several green jobs by providing tax incentives also provide for more drilling. Perhaps that’s its for Exxon-Mobil and others are setting to companies that invest in renewable energy because it’s not ‘‘all of the above’’ that the Re- records, while family budgets are stretched to resources. publican leadership and big oil are really con- the breaking point by high energy prices. The creation of green jobs was the focus of cerned with, it’s really only ‘‘all that’s below’’— Rather than putting forth real solutions, the a forum I recently hosted in my district. For all the oil that’s below our beaches 3 miles off- President and his congressional Republican too many years, hardworking Hoosiers have shore, all the oil the below our national parks, enablers have offered a regressive plan and a seen good-paying manufacturing jobs leave all the oil that’s below our most pristine wilder- slick political slogan that amounts to more the great State of Indiana. Through the cre- ness areas. giveaways to oil companies with nothing that ation of green jobs, this bill will boost our eco- The comprehensive energy bill that we are will lower prices in the short-term or move our nomic performance and lessen our depend- considering today will build on last year’s tre- Nation away from fossil fuel dependence in ence on foreign oil. mendous energy bill accomplishment. This bill the long-term. I am proud to support this legislation. will adopt a National Renewable Electricity The Democratic Congress, in contrast, has Mr. THORNBERRY. Mr. Speaker, the ap- standard to require that 15 percent of the elec- already passed legislation, H.R. 6, to raise fuel proval ratings for Congress are at record lows, tricity that we generate in 2020 come from re- economy standards to 35 mpg by 2020—the and it is no wonder. The American people see newable sources and efficiency and will create first increase in a generation. Reaching the 35 that too often this Congress has played par- 100,000 jobs. By further increasing the effi- mpg threshold will save 1.1 million barrels of tisan games rather than confronting the issues ciency of our buildings, this comprehensive oil per day, more than 10 times the amount of head-on in a straightforward way. Today the energy bill will save consumers $200 billion on oil that offshore drilling will be producing in games continue. energy costs. This comprehensive plan will ex- 2020. By 2030, we will be saving 2.5 million The Democrats’ Energy Bill is a fig leaf de- tend the vital tax incentives for solar, wind and barrels a day, or the same amount that we im- signed to cover a political problem. It is not other renewables, and ensure that they are port from the Persian Gulf. That is a real solu- real. Rather than untie our hands so we can paid for, which will prevent the loss of $19 bil- tion. produce more energy of all kinds here at lion in investment and 116,000 jobs next year I agree with the Department of Energy’s as- home, in many ways this bill makes it harder. in these industries. And this comprehensive sessment that expanded drilling will only re- In several important areas of energy produc- plan will protect more than 5 million Americans duce prices at the pump by 3 or 4 cents and tion, this bill does nothing. from an impending home heating crisis and an not for another 10 years in the future. How- This bill does nothing to develop more nu- increase in the heating bill of the average fam- ever, I support the legislation before us today clear energy. ily of nearly $600 this winter by funding the because it represents a commonsense com- This bill does nothing to build more refin- Low-Income Home Energy Assistance Pro- promise on drilling that protects the environ- eries. gram. ment and allows individual States to decide This bill extends the wind tax credit by only And the Republicans say they want more whether drilling off their coasts is appropriate. 1 year, but does nothing to make it easier to offshore drilling, well this bill does that. I re- But this legislation is about much more than plan and finance the large investments that main skeptical that additional offshore drilling drilling. It is a comprehensive plan that takes are necessary to build wind farms. will do anything to lower prices but this com- steps to lower gas prices in the near term by Even on drilling off our coasts, this bill re- promise bill ensures that there will be proper releasing oil from the Strategic Petroleum Re- places a temporary ban that will expire 2 protections for Georges Bank off the coast of serve and fully funding energy assistance pro- weeks from today and with a permanent ban New England, which is one of our Nation’s grams so families can heat and cool their on exploring and producing where most of the most important fisheries, and that if we are oil is. It prohibits all drilling within 50 miles of going to open more areas to drilling we first homes. It reigns in the excesses of oil compa- the coast line, where the Minerals Manage- ensure that big oil cannot continue to drill for nies and ensures that they pay their fair share ment Service says 88 percent of the oil is lo- free on public land and reap billions of dollars back to the taxpayer when they drill on public cated. in unnecessary tax breaks at a time when they lands. Accountability will be restored to the From 50 to 100 miles, States can choose to are making record profits. With the renewable scandal plagued MMS by enacting tough new drill, but get no royalty payments—none. So energy revolution that we will unleash with this laws with criminal penalties for MMS employ- there is little incentive for them to allow drilling bill it will make any additional drilling unneces- ees who engage in unethical behavior with the even for the 12 percent of the oil that may be sary in 20 years. very oil companies they are charged with reg- The comprehensive energy bill that we are ulating. there. considering today, combined with the energy Finally, this bill ends our dangerous reliance Drilling can occur more than 100 miles bill that Democrats passed in December, on fossil fuels and confronts global warming. away—which is technologically impossible in means that Democrats in the 110th will have This legislation establishes a Renewable Port- some areas. But even where it is possible, this passed energy bills that achieve one-third of folio Standard that will mandate 15 percent of very same bill repeals the existing tax incen- the reductions in global warming pollution electricity to be generated from renewable tives which encourage deep water drilling. needed by 2030 to save the planet and elimi- sources by 2020, lowering the demand for Of course, should a new drilling opportunity nate nearly twice the oil we currently import coal and other dirty fuels. It makes an $850 slip through these new regulations and restric- from the Persian Gulf. million yearly investment in public transpor- tions, lawsuits are ready and waiting to shut it After 8 years of running on a Bush-Cheney- tation so that cities and States can expand down, and this bill does nothing to limit them. Big Oil energy plan, America, it is time for an services. In addition, the legislation will pro- There are many good, serious energy pro- oil change! It’s time to change our depend- vide incentives for the production of renewable posals that have been introduced in this Con- ence on foreign oil and OPEC. It’s time to energy and will modernize energy efficiency gress. Over a year ago, for example, I intro- change from the dirty fossil fuels of the past codes for buildings. duced the ‘‘No More Excuses Energy Act,’’ a to the renewable energies of the future. It’s The Comprehensive American Energy Se- bill that would encourage energy production of time to change to invest in wind and solar. It’s curity and Consumer Protection Act is a real all kinds here at home. Unfortunately, the leg- time to change to start building green to save solution to America’s energy needs. It may not islation that we are discussing today is just an- families money. The Republicans like to say satisfy the ‘‘drill, baby, drill’’ crowd, but after other excuse not to take real action to solve ‘‘drill, baby, drill,’’ but for our Nation’s energy suffering through their failed policies for the our energy shortfalls. policy the American public is saying it’s high last 8 years their slogans are little more than It hardly seems too much to ask to allow time we started saying ‘‘change, baby, hot air. this House 2 or 3 days to go through the var- change.’’ I urge all of my colleagues to support this ious ideas, allowing members to vote accord- Vote ‘‘aye.’’ Vote for change. legislation. ing to their districts and their consciences. En- Mr. STARK. Mr. Speaker, I rise today to Mr. CARSON. Mr. Speaker, the American ergy is that important, that central to our coun- support a comprehensive energy bill, H.R. people are hurting and in need of immediate try’s security and quality of life. Instead, this

VerDate Aug 31 2005 06:27 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00114 Fmt 4634 Sfmt 9920 E:\CR\FM\A16SE7.073 H16SEPT1 jbell on PROD1PC69 with HOUSE September 16, 2008 CONGRESSIONAL RECORD — HOUSE H8245 charade will disappoint the American people this Congress is putting the safety and secu- My strong preference is to retain the mora- yet again on the issue that most directly af- rity of our Nation’s families ahead of excessive torium against off-shore drilling, but we don’t fects their family and well-being. We can and industry profits. I urge my colleagues to join have the votes to do that. The Democratic should do better. me in support of energy independence by vot- Leadership asserts that this compromise is Mr. LANGEVIN. Mr. Speaker, I rise today in ing yes on the Comprehensive American En- necessary to avoid the calamity of a drilling strong support of the Comprehensive Amer- ergy Security and Consumer Protection Act. free-for-all off our coasts. Many in the environ- ican Energy Security and Consumer Protec- Ms. HARMAN. Mr. Speaker, I rise in support mental community and leading newspaper edition Act, and I would like to thank the Demo- of the Comprehensive American Energy Secu- torial boards in California and around the cratic Leadership of the House of Representa- rity and Consumer Protection Act, but as a country concur. tives for bringing this critical bill to the floor. In Representative of America’s most stunning In that case, I can live with it. my home State of Rhode Island, the high cost coastline, I do so with some reservations. I wish we could do better. The American of oil and gas have become the top concern There is much to like in this bill. It includes public is engaged. The media is devoting for families and businesses struggling to keep long-sought alternative energy tax credits, front-page articles to energy issues. We have up in today’s economy. This legislation pro- which are essential to the continued develop- the chance to make a significant difference in motes short term solutions to increase supply ment of the emerging clean energy industry. the way our country thinks about and uses en- of domestic oil and gas, while establishing a It also requires utility companies to generate ergy. long term national energy policy that invests in more power from renewable energy sources Portions of this bill take big leaps in that di- the development of renewable energy re- (following the lead of my home State of Cali- rection, and Leadership should be com- sources. fornia), creates a reserve to pay for future re- mended for standing by these priorities. This legislation will open the Outer Conti- search and development of clean renewable I hope that my three grandchildren will nental Shelf to responsible oil and gas devel- energy and energy efficiency technologies, eventually be the beneficiaries of this fore- opment between 50 and 200 miles off the and requires the adoption of more energy effi- sight. coast, requiring state approval between 50 cient building codes. Mr. ORTIZ. Mr. Speaker, I rise today in sup- and 100 miles. It will protect national marine These are all serious, much-needed an- port of H.R. 6899, the Comprehensive Amer- monuments and sanctuaries, as well as the swers to our energy crisis—reasoned, care- ican Energy and Consumer Protection Act. Georges Bank fishing area off the coast of fully crafted, and targeted toward moving us I appreciate the hard work that the sponsors New England. Further, the Interior Department into a new era of clean energy. of the bill—Chairmen DINGELL, RAHALL, and will be required to ensure that drilling is only That is not, unfortunately, the path pursued MILLER and my fellow Texan, Chairman approved if it can be done in a manner that in other parts of the bill, particularly those that GREEN—have put into crafting this legislation. protects the coastal environment, marine envi- concern off-shore drilling. They considered different viewpoints and ronment, and human environment of the State We’ve heard a lot about drilling these days. different approaches to the energy issue and coastal areas and the Outer Continental Shelf. ‘‘Drill, baby, drill,’’ or so the chant goes. It’s a came together in an inclusive manner that will We cannot sacrifice the health of our coast- nice pep rally cheer, a clever soundbite. But lead us down the right path. lines and the people who live there, and I am it’s not serious policy, and everybody knows it. We have heard from our constituents, time pleased that this bill takes a safe and respon- Here are the facts. Oil is traded on a global and time again, that we need to become more sible approach to domestic drilling. market, which sets prices based on global energy independent and we need to produce While I support the provisions to increase supply and global demand. domestic oil production, I have said time and Given the staggering amounts of oil that the more of our energy supply domestically. time again that we cannot drill our way out of world produces and consumes every day, only We have heard from our constituents, time our national energy crisis. The U.S. represents a staggering amount of new supply will affect and time again, that we need to invest in the 25 percent of the world’s daily oil consump- price (particularly given the skyrocketing de- future and develop alternative energy re- tion, yet we only have two percent of the mand for oil in China, India, and the rest of sources, such as wind and solar power. world’s reserves—relying solely on new pro- the developing world). We have heard from our constituents, time duction simply doesn’t add up. Under this bill, The amount of oil off the coasts of the and time again, that we need to provide tax revenue from domestic offshore production will United States is very far from staggering. Pal- credits so that our businesses have the incen- be reinvested into the development of renew- try is more like it. tive and opportunity to produce more energy. able energy resources, such as wind, solar, According to the Bush Administration’s own And, we have heard from our constituents, and bio-fuels, to bring clean, affordable solu- Energy Information Administration, even if we time and time again, that we need to act on tions to our Nation. I also strongly support a opened the entire Outer Continental Shelf for lowering the price at the pump, which is ad- provision in this bill to require electric power drilling tomorrow, it would take years (possibly versely affecting many south Texas families, companies to produce at least 15 percent of up to 2030) for that oil to hit the market. farmers, and small businesses. their electricity from renewable sources by And then, all that drilling would only in- We can look forward to a balanced plan that 2020. Furthermore, the legislation includes crease our domestic production by 200,000 expands both conventional and renewable en- several proposals requiring the Department of barrels of oil per day. ergy resources. It will provide for new domes- Energy and Department of Housing and Urban The world consumes around 80 million bar- tic drilling opportunities, both off shore and on Development to create new efficiency stand- rels of oil per day. This new production would land. It will release oil from the Strategic Pe- ards for both residential and commercial build- be a tiny drop in an ocean of oil. troleum Reserve. It will spur companies and ings and to help educate consumers on how Even the Bush Administration concedes that businesses to do more research and more ex- to become more energy efficient, therefore the impact on oil prices from such a minuscule ploration. It reforms the way royalties are paid limiting our demand for foreign oil. increase would be, and I quote, ‘‘insignificant.’’ between the Government and the oil compa- I am also pleased to see tax credits in- And what do we risk for this ‘‘insignificant’’ nies. It provides incentives to conserve our en- cluded for the promotion of more energy effi- increase in supply? ergy use and raise energy efficiency stand- cient appliances and vehicles. Increased de- A few oil companies will make a little more ards. mand for green products will bring new jobs in money. But we’ll also put the (mostly) pristine This legislation is a compromise. It directs green technology to our communities. Further, California coastline—an environmentally fragile us in the right direction towards energy inde- because this bill rolls back tax breaks to big oil yet economically indispensible asset—at the pendence. My colleagues have called for an and uses revenues from drilling to pay for the mercies of chance, human fallibility, and the all of the above approach when it comes to increased investment into renewable re- ability of new oil rig technology to withstand the energy issue. I believe we have accom- sources, we will not leave debt behind to be the inevitable big quake. plished that. paid for by future generations. That’s not a risk that I’m willing to take. Mr. NEAL of Massachusetts. Mr. Speaker, I believe that it is critical for our nation to Fortunately I’m not alone. Leadership wisely as the House considers tax legislation to pro- achieve energy independence and to end our gave states some discretion. The bill would mote the development and deployment of al- reliance on foreign oil, while preserving our forbid drilling within 50 miles of the coast, and ternative and renewable energy technologies, environment for future generations in a fiscally only allow drilling from 50–100 miles if a state I rise today in support of the proposed plug- responsible manner. The Comprehensive ‘‘opts-in’’ (affirmatively passes a law allowing in electric drive motor vehicle tax credit and, in American Energy Security and Consumer Pro- drilling). particular, making the tax credit even more ro- tection Act reaches a careful balance in sup- I am confident that California is unlikely to bust and immediate by including in the credit port of these efforts, and I am pleased that ever ‘‘opt-in.’’ road-certified two-wheel vehicles and low-

VerDate Aug 31 2005 06:27 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00115 Fmt 4634 Sfmt 9920 E:\CR\FM\A16SE7.055 H16SEPT1 jbell on PROD1PC69 with HOUSE H8246 CONGRESSIONAL RECORD — HOUSE September 16, 2008 speed neighborhood electric vehicles. I sup- thors of this bill have refused to allow mem- the Strategic Petroleum Reserve (SPR). This port the underlying bill, but hope as it pro- bers to make any amendments. release would provide for a quick increase in gresses that this clean energy incentive may I am grateful this legislation encourages in- the supply of petroleum in our consumer mar- also be included. vestment in renewable energy technologies by ket and so could reduce the likelihood of fur- I know that House Ways and Means Com- extending the production tax credit for wind, ther short-term increases in the price of gaso- mittee Chairman RANGEL and the House Lead- solar, geothermal and biomass. This measure line and other refined products. And, it will do ership are committed to renewing existing en- provides the much-needed assurance that in- this in a way that is both cost-effective and ergy tax provisions and enacting new incen- vestors need to start developing these tech- protective of our national security interests. tives for environmentally-friendly, domestic en- nologies. Under the bill, the Energy Department ergy production. And I believe that the tax I am also grateful H.R. 6899 would establish (DOE) would sell at least 20 million barrels of credit for plug-in electric drive vehicles is a a Renewable Energy Standard, requiring elec- light grade oil now stored in the Strategic Pe- critical component of that commitment. This tricity companies to produce 15 percent of troleum Reserve, and sales would continue for tax credit will encourage the ongoing efforts to their electricity from renewable sources by 6 months or until 70 million barrels have been develop and bring to the marketplace the tech- 2020, although I have advocated increasing sold, whichever comes first. But the draw- nology that will be necessary for these vehi- this standard to 20 percent by 2020. down would not be permanent because the bill cles to become a common occurrence on our The bill also repeals the moratorium on drill- would require the energy department to ac- roads and highways. Tailpipe emissions from ing on the Outer Continental Shelf, OCS, and quire, through purchase (using money from the combustion of gasoline and diesel fuel are would allow states to ‘‘opt-in’’ to drill between the sales) or exchange, heavy grade petro- by far the largest contributors to climate 50 to 100 miles off of their coast. Unfortu- leum for storage in the strategic reserve, to re- change and the air quality problems that exist nately, without revenue sharing, I am con- place the light grade petroleum that would be in many regions of our country. This tax credit cerned states will have little incentive to de- sold. will go directly at addressing these issues by velop these resources. Right now, slightly more than 700 million displacing foreign oil with electricity that is do- I would have particularly liked to have seen barrels of oil are stored in the strategic re- mestically produced with—it is my hope—a revenues derived from these leases directed serve—so the amount to be sold under the bill significant and growing renewable component. towards further renewable energy investment, would be only about 10 percent of the amount The plug-in electric drive vehicle tax credit is so that American oil and natural gas would on hand. so vital to our alternative and renewable en- pay for the renewables we all want. Importantly, the bill specifies that the ergy priorities that it should begin working as Although I will vote for this bill, I believe this amount of oil stored in the strategic reserve soon as it is enacted, but it can only do so by is a missed opportunity for meaningful, bipar- could not drop below 90 percent of the expanding the credit to include both road-cer- tisan debate and a better bill. amount stored when the bill is enacted. The tified two-wheel vehicles and low-speed neigh- Mr. RAMSTAD. Madam Speaker, I rise most recent data I have seen indicate that the borhood electric vehicles, which are now in re- today in strong support of this bipartisan com- reserve is currently filled nearly to capacity, so tail production. These vehicles are specifically prehensive energy bill that opens offshore the bill will not cause a significant reduction in designed to address the short-haul transpor- areas to drilling, provides incentives for the the amount stored. Furthermore, this bill will help diversify the tation needs of urban and suburban commu- development of renewable energy, clamps type of oil in the SPR, meaning that this bill nities. Because the first mile of a trip creates down on speculators and requires oil compa- not only is compatible with the national secu- the most tailpipe emissions, these vehicles nies to drill on 69 million acres of leased land rity purposes of the SPR, it can actually assist can play an important and significant role in and water. in achieving them. mitigating the unique contribution of urban and I oppose the alternative bill, which would suburban transportation to our air quality and This bill will also require that oil companies give coastal states that support drilling over pay their fair share of royalties on flawed climate change problems. $40 billion from oil and gas royalties over the If enacted, the plug-in electric drive motor leases granted in 1998 and 1999. Because of next 10 years. After 2019, the federal govern- vehicle tax credit will be an important element mistakes made by the Interior Department, oil ment would be required to transfer to coastal of our policy to encourage the development companies holding 70 percent of leases states nearly 40 percent of all federal reve- and deployment of alternatives to the con- issued for drilling in the Gulf of Mexico in 1998 nues from offshore oil and gas drilling ($6 bil- sumption of foreign oil. As the manufacturers and 1999 became exempt from paying any lion every year). of electric drive two-wheel and low-speed ve- royalties, costing American taxpayers about Even the Administration has told us that hicles already are demonstrating, this policy $15 billion. such a cost would be too high! also has the added benefit of creating quality And the bill will address the recently discov- We should not hand coastal states billions jobs here in the U.S. ered ethical problems within the Department of While the technology for plug-in electric cars of federal dollars, while giving them undue in- Interior’s Mineral Management Service is still being developed, road-certified two- fluence over national resource management. (MMS)—problems that were particularly ramp- wheel vehicles and low-speed neighborhood And, despite its cost, the alternative plan ant at the MMS office in Denver. electric vehicles can begin reducing our reli- would do little to increase the supply or reduce Numerous government employees were ance on foreign oil today, and including these the price of oil, according to the Department of found to have very inappropriate relationships vehicles in the tax credit will help develop a Energy. with employees who worked for the very com- consumer market for them, just as the credit Congress should debate offshore drilling on panies they were regulating. This bill will in- will help create a market for plug-in electric its own merits without using resource reve- crease penalties for both MMS employees and automobiles and trucks that are expected to nues to buy votes. Our nation needs a com- companies that hold oil or gas leases, come on-line in a few years. prehensive energy reform policy that will boost strengthen the MMS code of ethics, and Again, I thank the Speaker and Chairman supplies of all types of energy, reduce our de- strengthen the office of the Inspector General, RANGEL for their important work on the critical pendence on foreign oil and lower gas prices. which uncovered these problems. issue of ensuring our Nation’s energy security. The American people deserve nothing less! But, Mr. Speaker, this bill recognizes that Mr. SHAYS. Mr. Speaker, this energy bill is Mr. UDALL of Colorado. Mr. Speaker, I sup- short-term solutions and fixing past problems a missed opportunity to have meaningful de- port this legislation that will help provide price are no ‘‘silver bullets’’ for the factors that have bate on America’s energy needs and construc- relief for American families, open up new led to the current high price of oil and prod- tive compromise about America’s energy solu- areas for domestic energy production, and as- ucts such as gasoline that are made from oil. tions. sist us to make the transition to a new energy We need long-term solutions as well. High energy costs are bringing down our economy that will reduce our dependence on This bill includes opening up new areas of economy; energy bought from overseas is de- imported oil—all without adding to the federal the Outer Continental Shelf (OCS) to oil and priving us of American jobs; and foreign pur- deficit. gas drilling. Specifically, the bill would end the chases of energy is transferring $700 billion to While this bill is not perfect—I would prefer current moratorium on OCS drilling and would countries that would do us harm. to see the more comprehensive approach em- permit leasing between 50 and 100 miles off- I strongly believe in a comprehensive en- bodied in my ‘‘American Innovation, American shore if a State ‘‘opts-in’’ to allow it off of their ergy policy that includes conservation, renew- Energy’’ plan—it is a step in the right direction coast, while providing protection for environ- able sources, nuclear power, and American oil and deserves approval. mentally sensitive areas. I think that is a crit- and natural gas. It will help us address gas prices in the ical component of this provision—states must H.R. 6899 brings us closer, but is silent on short term by including a provision (as does be able to have a say in drilling activity within several important issues. Regrettably, the au- my energy bill) to release additional oil from their territory.

VerDate Aug 31 2005 06:27 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00116 Fmt 4634 Sfmt 9920 E:\CR\FM\A16SE7.060 H16SEPT1 jbell on PROD1PC69 with HOUSE September 16, 2008 CONGRESSIONAL RECORD — HOUSE H8247 A separate provision in the bill deals with renewable energy source and a one year ex- cifically, I believe we have the technology to Federal lands that have been leased for en- tension will not be as helpful for the industry. require that all new vehicles achieve 35 miles ergy exploration and development under the I will continue to lead the fight to extend the per gallon by 2015 and, with additional Amer- Mineral Leasing Act but where such activities PTC for more than one year in fact, my en- ican innovation, we can achieve 50 miles per have not yet occurred—yet another provision ergy plan includes a four year extension of the gallon by 2030. I also think we need additional that is also in my energy plan. While it is im- PTC for all renewable energy sources. incentives for Americans to purchase high effi- portant to understand the reality that oil and The bill also extends the Investment Tax ciency vehicles and for manufactures to gas exploration is a complicated commercial Credit (ITC) for solar energy, qualified fuel produce many vehicles that use alternative and scientific enterprise involving efforts not cells, and microturbines for eight years. The fuels. And we need to aggressively pursue de- easily fitting within strict regulatory timelines, I ITC will help companies with initial investment velopment of alternative energy sources, in- think that this is a reasonable response to cur- costs in expanding these renewable energy cluding solar and wind power, in order to re- rent conditions. In essence, it would bar the sources across the country. duce our dependence not just on imported oil current holders of federal mineral leases— The bill also authorizes new clean renew- but on all fossil fuels. We also need to work whether for onshore or offshore areas—from able energy bonds (CREBS) for public power even harder to increase energy efficiency, so obtaining additional leases unless they are providers and electric cooperatives. This is a that we get a greater payoff from all energy able to show that they are ‘‘diligently devel- critical tool, especially for Colorado’s rural co- sources. oping’’ the leases they already hold. The Sec- ops and municipal utilities. I hope today we can move this bill forward retary of the Interior would be responsible for Of course, the cheapest kilowatt of energy and promote positive change that will benefit spelling out in regulations exactly what would is the one you don’t use and energy efficiency our families and rural communities, save con- be needed to show such ‘‘due diligence.’’ also has a key role in addressing our energy sumers money, reduce air pollution, and in- These provisions also include a requirement needs. This bill will provide incentives to lend- crease reliability and energy security. for the Department of the Interior to offer at ers and financial institutions, including the I strongly encourage my colleagues in the least one lease sale annually in the National Federal Housing Administration, to provide House to vote for this needed legislation, and also encourage quick action in the Senate so Petroleum Reserve in Alaska. This is an area lower interest loans and other benefits to con- that we may move it to the President’s desk. of well-established potential that was initially sumers who build, buy or remodel their homes Mr. HOLT. Mr. Speaker, there is no denying to improve their energy efficiency. It will also made available for leasing in the Clinton Ad- that America is suffering from an energy crisis. establish a residential energy efficiency block ministration, and with regard to which the cur- My constituents are paying record prices at grant program to improve the energy efficiency rent Administration just today announced that the pump, they are paying higher prices for of housing. 2.6 million acres would be offered at lease food and commodities. This problem is only Transportation is another area of high en- sales in the near future. Dictating a leasing going to get worse this winter when they will ergy use and public transportation is becoming timetable in legislation is unusual, and I have be paying 15 percent more to heat their more and more necessary as gas prices con- reservations about that approach—but the po- homes than last year. With family budgets al- tinue to rise. This bill establishes $1.7 billion in tentially beneficial effects on prices from tap- ready being stretched to the breaking point, grants to transit agencies for the next two ping the reserves in this part of Alaska are un- Congress needs to act and to act quickly to deniable. years, which will help reduce transit fares for address this problem. This will require both In addition, the bill would reinstate a ban on commuter rail and buses and expands service. long term solutions that decrease our reliance While I would like to see much more for the export of Alaskan oil that was previously a on fossil fuels and imported fuels and short transportation, such as the increase in vehicle matter of federal law. Oil is a globally-traded term solutions which will help bring down the commodity, so the effect of this will be limited, efficiency and additional advancements in al- price of energy now. but it to an extent might reduce the extent to ternative fuels that are included in my energy I have heard from a number of my constitu- which imports are used to supply the domestic plan, this public transportation provision is a ents that a proven way to address both our market. good start. short term and long term energy costs is to And the bill calls on the President to use the I maintain strong reservations about the renew the renewable energy tax credit and the powers of his office to facilitate the completion pace at which this Administration is pursuing production tax credit that are due to expire at of oil pipelines into the National Petroleum Re- oil shale development in Western Colorado. the end of this year. We already know how ef- serve and to facilitate the construction of an Before commercial leasing occurs, we need to fective these tax credits are. For example, Alaska natural gas pipeline to the continental know more about oil shale development’s im- wind energy is not only a significant compo- United States to move the product to market. pacts on water and local communities. nent of the global warming solution, but also These are only exhortations, but I see no ob- Until those questions are answered, I do not a powerful engine in our economy. Since Jan- jection to their inclusion in the legislation. believe that the federal government should uary 2007, more than 40 wind industry manu- I am particularly pleased that the measure rush ahead with oil shale leasing and I there- facturing facilities have been announced, before contains a provision that I authored, fore have been fighting, with my colleague brought online, or expanded in the U.S., cre- along with Representatives TOM UDALL and Representative JOHN SALAZAR, to ensure that ating over 9,000 jobs and one billion in new TODD PLATTS, to establish a Renewable Elec- the necessary research and development can manufacturing investment. When the produc- tricity Standard (RES). This provision will re- be completed before we move ahead. I have tion tax credit lapsed in 2000, 2002 and 2004, quire utilities to acquire 15 percent of elec- also been fighting to ensure that the State of wind capacity installation dropped 93 percent, tricity production from renewable resources by Colorado has a voice in the development of oil 73 percent and 77 percent, respectively, from 2020. While I would prefer to see us adopt a shale, so that the wisdom of Westerners can the previous year. It is unwise to allow the RES of 20 percent by 2020, as we have in help us avoid the pitfalls that have sunk oil wind production tax credit to expire and allow Colorado and as is in my energy plan, estab- shale development in the past. this bright spot in our economy to grind to a lishing a 15 percent by 2020 is a good step in At the end of this month, the moratorium on halt. the right direction. commercial oil shale leasing is scheduled to The solar energy production tax credit and As co-chair of the Renewable Energy and expire. In the event it does, I believe that the the solar residential tax credit have been in- Energy Efficiency Caucus, I am especially state of Colorado should have a safety valve strumental in helping my home state of New pleased to see the bill include needed exten- so that it can determine the pace of oil shale Jersey become a leader in the production of sion for tax credits for renewable energy. The development within its borders. Section 171 of solar energy technology. New Jersey is also Production Tax Credit (PTC) in particular has the energy bill currently before the House one of the nation’s fastest growing solar en- been instrumental in promoting the creation of aims to create that safety valve, and to ensure ergy markets. The extension of the solar en- a renewable energy industry. An extended that regardless of the Administration’s desire ergy tax credit will spur job growth in commu- PTC will provide more market certainty and to rush ahead with oil shale development at all nities and would help New Jersey reach its we must have an extension of this key tax costs, Colorado and other states can control goal of having 20 percent of its electricity de- credit before the current credit expires at the the pace of development. rived from renewable sources by the year end of 2008. In conclusion, Mr. Speaker, I think this bill 2020. I have heard from companies in my dis- I must add that, while I am pleased that the deserves support. But it certainly is not all that trict that if we don’t extend the production tax bill provides a three year extension of the PTC is needed in terms of energy policy. We need credit they will have to shut down new solar for most renewable energy sources, I am con- to do more. projects or charge more for energy. cerned that it only provides a one-year exten- I think we need to look at increasing mile- The tax credit for consumers has been sion for wind energy. Wind is a very promising age standards for new cars and trucks. Spe- equally effective in saving our constituents

VerDate Aug 31 2005 06:27 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00117 Fmt 4634 Sfmt 9920 E:\CR\FM\A16SE7.063 H16SEPT1 jbell on PROD1PC69 with HOUSE H8248 CONGRESSIONAL RECORD — HOUSE September 16, 2008 thousands of dollars on their energy bills. For and who are even less concerned about pro- able energy sources. This is smart energy pol- example, I was recently contacted by Phyllis viding adult supervision. icy that will create new industries and new who lives in Marlboro, New Jersey. By utilizing I am proud that the Democrats have re- American jobs. the residential energy investment tax credit, sponded today with a wide-ranging proposal The legislation increases the tax credit for Phyllis was able to install 55 solar panels on that offers opportunities for some responsible alternative refueling property, such as E85 the roof of her home. Phyllis also used the in- drilling for gas and oil, but goes far beyond pumps, and extends the credit through 2010. vestment tax credit to purchase a high effi- just drilling This bill ensures that taxpayers get Biofuels are an important component of our ciency heating and cooling system. Together fair value for the oil from public lands and wa- nation’s energy strategy, and U.S. automakers these investments have decreased her energy ters and provides additional incentives for re- have made significant investments to bring costs to one fourth the cost she was paying newable energy and conservation. It presents flex-fuel vehicles to market. To maximize the the year before. Phyllis is also selling the ex- another opportunity to extend the production impact of this progress we need to speed the cess energy her solar panels gather back into tax credits so essential to the emerging new deployment of E85 pumps. the grid and has made over $2,000 this sum- sustainable green energy sources like wind This legislation also provides incentives for mer. We need to encourage more Phyllises— and solar which, despite having passed the manufacturers to produce washing machines, that is how we will break our dependence on House five times, is still resisted by Repub- refrigerators and dishwashers that push the 19th century technology. licans in the Senate and the President. boundaries of energy and water efficiency, The renewal of these tax credits will also I am also pleased that this bill recognizes and to build them in the United States. Reduc- help to increase our economy by creating hun- that giving Americans transportation choices ing the energy and water usage of a washing dreds of thousands of jobs. According to a re- will help reduce the pain at the pump by ex- machine over time and across millions of cent study, if the renewable energy tax breaks panding service and reducing transit fares for households will produce remarkable reduc- expire at the end of this year, over 116,000 commuter rail and buses. tions in energy and water usage, saving con- jobs in wind and solar industries would be lost This legislation puts all the pieces together sumers billions on their utility bills. in one year. Today, when the predicted eco- in a comprehensive, thoughtful way that an- In a word, the approach taken by this bill is nomic growth forecast is an anemic pace of swers the legitimate concerns of the American comprehensive. It addresses both the supply 1.6 to 2 percent and unemployment is likely to public with more than a bumper sticker solu- and demand sides of our nation’s energy pol- continue to climb, we in Congress should do tion. As is always the case in the legislative icy. It is a balanced, responsible and long-term everything we can to ensure job growth and process in a democracy, this bill is not every- approach to addressing the challenges of en- preserve jobs. thing that anyone person would want. For ex- ergy security. I urge all of my colleagues to Renewable energy tax credits are instru- ample, I would prefer to extend the morato- support this comprehensive package. mental to ensuring growth in the renewable rium on drilling off our shores for more than Mr. HOLT. Mr. Speaker, I rise today in op- energy sector, bolstering our national econ- just 50 miles. position to H.R. 6899, The Comprehensive omy, providing us with home growth energy However, compared to the Republicans’ American Energy Security and Consumer Pro- and have the potential to save our constitu- one-dimensional, disingenuous approach to tection Act. ents thousands on their energy costs. It would energy policy, in which they seek to obscure Today’s energy crisis is based on a genera- be a disservice to our constituents if we do not their 71⁄2 years of mismanagement and mis- tion of failed policies which have made us exact prior to Congress adjourning to extend and direction, this bill is certainly light-years ahead. cessively dependent on foreign fuels. We must expand renewable energy tax incentives. It will also provide a framework to look at the learn from the mistakes of the past and find a Therefore, I have introduced legislation today big picture between now and November and new direction that will decrease our reliance that will extend the renewable energy tax an important point of departure for a new ad- on gas and oil and move our energy policy credit, production tax credit, and the hybrid ve- ministration and Congress to follow through. forward. Today my constituents in New Jersey hicle tax credit for ten years. This legislation We are not going to reverse years of myo- are paying more than $3.50 at the pump. The would help to grow our economy and provide pia and mismanagement overnight; certainly steep increase in gas prices is stretching fam- for a secure energy future. not in one bill in the few remaining weeks of ily budgets to the breaking point, and I am Mr. BLUMENAUER. Mr. Speaker, I rise in this Congress. Today, we do have an oppor- deeply concerned about the impact that prices support of the ‘‘Comprehensive American En- tunity to tie the pieces together in a way that are having on American consumers. Congress ergy Security and Consumer Protection Act.’’ will move us further along to solving the prob- needs to pass comprehensive legislation that It looks like the Republican mantra of ‘‘drill, lem rather than dueling sound bites. will help families struggling with rising gas and baby, drill!’’ and their threat to hold the entire Mr. LEVIN. Mr. Speaker, I rise in strong fuel oil prices in the short-term, while devel- operation of government hostage in order to support of the energy legislation before the oping a long-term strategy that decreases our eliminate the decades-old ban on drilling off House. dependence on foreign oil and reduces our our coasts may actually end up doing a favor We need a comprehensive approach that in- greenhouse gas emissions. to those of us who want a comprehensive and cludes responsible development of additional The legislation that we are considering sustainable approach to energy policy. energy resources, greater energy efficiency, today, the Comprehensive American Energy Ironically, there is not much controversy tax incentives to spur alternative energy, in- Security and Consumer Protection Act, has about the impact of more drilling on gas vestment in new technologies, and relief to some good provisions, provisions that could prices. Even the Bush administration’s own American consumers. The bill before the help to move our country’s energy policy in Department of Energy agrees that more drill- House does that. the right direction. I consistently have sup- ing will make no difference for two up to dec- It is clear that a more-of-the-same approach ported many of these provisions in the past. I ades, and even then any impact on the price to energy will not work. If we’ve learned noth- have voted in favor of renewing the renewable at the pump would be insignificant. ing else from the last eight years, we’ve energy tax credits three times this Congress. When it comes to drilling, the real issue is learned that we cannot drill our way to energy I have voted to repeal the billions of dollars in about surrendering more of our energy future security. Neither will conservation alone do the tax breaks that have been given to oil compa- to a handful of large oil companies to develop job. nies at the expense of the American taxpayer when they want to, according to their terms, The legislation before us provides long-term and to invest this money in clean, renewable and whether or not we are going to get full incentives for renewable energy that will give energy. I have voted to provide relief to our value for the taxpayer dollar. The American the solar, wind, and biomass industries the public transit agencies which are struggling to citizens, after all, own our oil and the evidence stability they need to make investments in ad- meet the skyrocketing demand for public is that other countries drive a stronger bargain ditional production capacity. There are also transportation. Twice I have voted to encour- for their oil than we do. significant incentives for making our nation age oil companies to drill on the 68 million Indeed, the comic, yet tragic Inspector Gen- and economy more energy efficient. acres of the lands open for drilling both on- eral’s report about mismanagement, collusion, The offshore drilling provisions of this legis- shore and offshore that currently are leased conflict of interest, partying, and even sexual lation open up as much as 400 million acres by oil companies for production, yet remain liaisons between the Three Stooges operation of land off the Atlantic and Pacific coasts that unused. I have supported legislation which that is the Minerals Management Service and are currently off limits to drilling. Through this would help to increase supply for oil and de- the industry they are supposed to regulate, is compromise, we will expand oil production off- crease demand for oil including releasing oil an example of the failure of the Republican oil shore, while setting a reasonable buffer zone. from the Strategic Petroleum Reserve, insti- administration. It is also the fault of the Re- The legislation requires electric utilities to tuting a national Renewable Portfolio Stand- publicans, who ran Congress until recently, produce more of their electricity from renew- ard, and increasing the efficiency of buildings

VerDate Aug 31 2005 06:27 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00118 Fmt 4634 Sfmt 9920 E:\CR\FM\A16SE7.065 H16SEPT1 jbell on PROD1PC69 with HOUSE September 16, 2008 CONGRESSIONAL RECORD — HOUSE H8249 and appliances. I have consistently supported I fully support the provisions in the bill that companies are racking up record high oil prof- comprehensive reform of our nation’s energy will help America reach the goal of a clean en- its. Exxon-Mobil’s last quarterly profits were policy. Last year I supported H.R. 6, the En- ergy future. For example, the bill extends fed- $11 billion, the largest in human history. The ergy Independence and Security Act, a law eral tax incentives for energy efficiency and other oil and gas behemoths pulled in similarly that will make a real difference in moving our renewable energy that will expire by the end spectacular profits. energy policy forward by raising the Corporate of 2008. It’s critical that these tax incentives But the failure of President Bush’s strategy Average Fuel Economy Standard. However, be extended to avoid causing significant harm was both predictable and predicted. Demo- unlike H.R. 6, the legislation before us today to our country’s developing clean energy in- crats in Congress pointed out that the vast is not the comprehensive policy that we need dustries. It would also provide new incentives majority of offshore oil and gas reserves were to move our country forward and I cannot sup- for purchasing energy efficient products and already available for exploitation. Even if they port it. plug-in hybrid vehicles. hadn’t been and we made them all available I believe that drilling in environmentally sen- I also support the Renewable Electricity to drilling, there is still that troubling U.S. de- sitive areas, such as our coastline, is unwise. Standard included in the bill, which requires at mand versus U.S. supply contradiction. Some in America claim that drilling—here, least 15 percent of our national energy pro- For years, Democrats tried to convince the now, and everywhere—will bring instanta- duction to come from renewable sources by Republicans then in charge of Congress that neous relief to families paying painful gas 2020. More than half of the states already real energy security would be found by making prices. The facts do not support this claim. have a standard like this in place, including our cars, buildings and appliances more effi- ‘‘Drill baby drill’’ is not an energy policy, it is California and Texas. cient; by dramatically speeding up the devel- a slogan to hide behind to avoid corning up I believe these provisions are clear steps in opment of renewable and alternative energy with a real policy which will help America the right direction and, in fact, would argue we sources; and by beginning the long, hard tran- move towards sustainable, affordable energy. should be doing more of them. sition away from fossil fuels that imperil our There is no easy solution to this crisis, and the But President Bush was right when he said economy, damage our planet and come most- evidence shows that drilling in OCS would our country is addicted to oil. The U.S. is like ly from unstable countries all too often wishing save pennies per gallon years from now. We the alcoholic who says he needs just one us harm. Those arguments were all rejected can begin now, not years from now, to move more drink to get him through the day and by the President and his supporters in Con- to sustainable, affordable energy. Fortunately, then tomorrow he will stop. And this recent gress, leaving us where we are today. the environmental and financial requirements nonstop effort to open up the entire U.S. coast To be clear, I don’t want to see more oil rigs for an oil or gas company to drill are strong to more drilling looks to me a lot like a prob- off my congressional district. My constituents enough that few if any wells will be drilled lem drinker in denial. rightfully fear the economic and environmental under this legislation, and I expect smarter, The driving force behind this legislation is effects of new drilling. Many of us witnessed more comprehensive legislation will follow next the relentless, disingenuous and, in the end, firsthand the devastation of the blowout on year. futile attempt to drill our way to energy secu- Platform A off the coast of Santa Barbara in We will never be able to drill our way to en- rity. It is doomed to failure because we simply 1969. We saw the dead birds and seals, the ergy independence. The United States condon’t have the resources. We consume 25 beaches covered with oil, the land that we sumes 25 percent of the world’s oil but only percent of the world’s oil and yet we have only love so much nearly destroyed. possesses 3 percent of the world’s oil re- 3 percent of the world’s oil supply. Do the In the years since, despite the great ad- serves. Even if we drilled on every single math. vances touted by the industry, oil accidents square inch of land where oil is assumed to Or better yet, just look at recent history. and drilling-based pollution in my district have exist we will never be able to meet our na- Seven and a half years ago, President Bush been plentiful, offshore and onshore. For ex- tional demand. Moreover, drilling 50 or 100 took office promising to implement a national ample, Exxon-Mobil recently agreed to pay al- miles off our shores, as H.R. 6899 proposes, energy policy that would make America en- most $3 million for releasing dangerous PCB’s could be detrimental to the preservation of our ergy independent. The former oilman en- into the Santa Barbara Channel from Platform environment for future generations. In New trusted his Vice President, himself the former Hondo. Jersey, tourism along our shore brings $35 bil- head of the largest oil servicing company in Another fine example is that of Greka Oil, a lion to the state’s economy. A possible oil spill the world, with leading the effort. Since then, company that has been polluting our local from drilling of the coast of New Jersey, Vir- the President’s energy policy has mostly been creeks with toxic runoff and countless oil spills ginia, or Delaware would be devastating to my about enabling our addiction to fossil fuels by seemingly without a care. It looks like Greka state’s 120 miles of shoreline. I am unwilling focusing only on increasing domestic oil and based its environmental policies on the cutting to sacrifice our nation’s environment for drilling gas supplies. edge technology found in the movie ‘‘There which will do nothing to decrease prices at the For example, between 2001 and 2007, the Will Be Blood.’’ I could also site the infamous pump. Bush Administration offered 343 million acres Torch Operating Company pipeline explosion Since I was elected 10 years ago I have of leases for offshore drilling, selling over 33 in 1997, the destruction and rebuilding of Avila consistently opposed drilling in environ- million acres to oil and gas companies. And in Beach brought on by Unocal’s decades-long mentally sensitive areas including the Outer the last five years, the Republican-controlled pollution in that coastal town, or the impacts to Continental Shelf. I have a strong record for Congress gave the President approval for new our local air and water quality that we deal voting in favor of preserving our environment leasing in Bristol Bay, Alaska, and the eastern with every day. That is the history—and daily and developing new energy sources that are Gulf of Mexico. In fact, the U.S. has more oil reality—of oil drilling in my congressional dis- clean, safe, and sustainable. This is really the and gas rigs operating today than the entire trict. only way that we can lower our gas prices in rest of the world. So, yes, Californians don’t want more of the long term. I will not support legislation Meanwhile, the Bush Administration energy that. which will continue the failed policies of reli- policy paid lip service to conservation, neatly But my opposition to this bill is mostly be- ance on fossil fuels, and I oppose H.R. 6899. summed up by Vice President CHENEY’s cause it is simply not in the best interests of I will continue to push for real reform of our dismissive and uninformed remark that ‘‘con- this country. The longer we try to fool our- nation’s energy policy. Therefore I will be in- servation may be a sign of personal virtue but selves into believing that this time new drilling troducing legislation today which extend for 10 it is not a sufficient basis for a sound, com- will bring us lower prices and that we still have years the tax credits for hybrid cars, energy prehensive energy policy.’’ plenty of time to get ourselves off this oil ad- efficient housing, and renewable energy And the Administration’s lack of interest in diction, the tougher the day of reckoning will sources including solar, wind, geothermal, bio- developing alternative energy was succinctly be. Our economy will continue to be at the mass, and hydro power. Extending these tax illustrated when Congressional Republicans, whim of crazy dictators around the world, credits will help our country stay on the right needing to reduce the overall cost of their globing warming will continue unabated and path towards a cleaner energy future. ‘‘landmark’’ 2005 energy bill, slashed support the decisions to send our troops in harm’s way Mrs. CAPPS. Mr. Speaker, I rise in reluctant for alternative fuels while leaving intact tens of will too often be tainted by the stench of oil opposition to this bill. billions of dollars in taxpayer subsidies for al- politics. I do so because I simply cannot support the ready rich oil companies. And just so we are clear, this ‘‘American’’ oil myth that a lack of offshore drilling is at the The results of these choices aren’t pretty: in we want to drill for is more likely to end up in root of our energy problems, and the sup- 2000, the U.S. imported 53 percent its oil; gas tanks in Beijing or Calcutta than in Wash- posed solutions to that myth are contained in today, that figure is 59 percent. And while con- ington or Wasilla because oil markets are this bill. sumers pay record high prices at the pump, oil global. The multinational oil companies that

VerDate Aug 31 2005 06:27 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00119 Fmt 4634 Sfmt 9920 E:\CR\FM\A16SE7.068 H16SEPT1 jbell on PROD1PC69 with HOUSE H8250 CONGRESSIONAL RECORD — HOUSE September 16, 2008 will sink their rigs off California or Virginia will Sec. 208. Extension of energy efficient com- tion. If the Secretaries are unable to resolve be selling ‘‘American’’ oil to the highest bidder. mercial buildings deduction. all such conflicts, any unresolved issues That is one reason why none other than the Sec. 209. Extension of energy credit. shall be referred by the Secretaries to the Sec. 210. Extension of credit for clean renew- President in a timely fashion for immediate Bush Administration’s own Energy Information able energy bonds. resolution.’’. Administration concluded that even opening Sec. 211. Extension of credits for biodiesel SEC. 103. SHARING OF REVENUES. the entire U.S. coastline to more drilling would and renewable diesel. (a) IN GENERAL.—Section 8(g) of the Outer have virtually no impact on oil prices. Sec. 212. Credit for plug-in hybrid vehicles. Continental Shelf Lands Act (43 U.S.C. We need to end our addiction to fossil fuels Sec. 213. Time for payment of corporate esti- 1337(g)) is amended— and we need to start now. Expanded drilling mated taxes. (1) in paragraph (2) by striking ‘‘Notwith- off our coasts will not bring us closer to that TITLE III—MODIFYING THE STRATEGIC standing’’ and inserting ‘‘Except as provided goal. PETROLEUM RESERVE AND FUNDING in paragraph (6), and notwithstanding’’; The SPEAKER pro tempore. All time CONSERVATION AND ENERGY RE- (2) by redesignating paragraphs (6) and (7) for debate has expired. SEARCH AND DEVELOPMENT as paragraphs (8) and (9); and Pursuant to House Resolution 1433, Sec. 301. Findings. (3) by inserting after paragraph (5) the fol- the bill is considered read and the pre- Sec. 302. Definitions. lowing: Sec. 303. Objectives. ‘‘(6) BONUS BIDS AND ROYALTIES UNDER vious question is ordered. Sec. 304. Modification of the Strategic Petro- QUALIFIED LEASES.— The question is on the engrossment leum Reserve. ‘‘(A) NEW LEASES.—Of amounts received by and third reading of the bill. Sec. 305. Energy Independence and Security the United States as bonus bids, royalties, The bill was ordered to be engrossed Fund. rentals, and other sums collected under any and read a third time, and was read the TITLE I—OFFSHORE AND ONSHORE LEAS- qualified lease on submerged lands made third time. ING AND OTHER ENERGY PRODUCTION available for leasing under this Act by the enactment of the National Conservation, En- b 2115 SEC. 101. TERMINATION OF PROHIBITIONS ON EXPENDITURES FOR, AND WITH- vironment, and Energy Independence Act MOTION TO RECOMMIT DRAWALS FROM, OFFSHORE AND that are located within the seaward bound- Mr. PETERSON of Pennsylvania. Mr. ONSHORE LEASING AND OTHER LIM- aries of a State established under section Speaker, I have a motion to recommit ITATIONS ON ENERGY PRODUCTION. 4(a) (2) (A)— ‘‘(i) 30 percent shall be deposited in the at the desk. (a) PROHIBITIONS ON EXPENDITURES.—All provisions of Federal law that prohibit the general fund of the Treasury; The SPEAKER pro tempore. Is the expenditure of appropriated funds to conduct ‘‘(ii) 30 percent shall be paid to the States gentleman opposed to the bill? natural gas, oil, oil shale, and other energy that are producing States with respect to Mr. PETERSON of Pennsylvania. production leasing and preleasing activities those submerged lands; Yes, in its current form. for Federal lands shall have no force or effect ‘‘(iii) 8 percent shall be deposited in the The SPEAKER pro tempore. The with respect to such activities. Conservation Reserve established by para- Clerk will report the motion to recom- (b) REVOCATION WITHDRAWALS.—All with- graph (7); mit. drawals of Federal submerged lands of the ‘‘(iv) 10 percent shall be deposited in the The Clerk read as follows: Outer Continental Shelf from leasing, in- Environment Restoration Reserve estab- cluding withdrawals by the President under lished by paragraph (7); Mr. Peterson of Pennsylvania moves to re- the authority of section 12(a) of the Outer ‘‘(v) 15 percent shall be deposited in the Re- commit the bill H.R. 6899 to the Committee Continental Shelf Lands Act (43 U.S.C. newable Energy Reserve established by para- on Natural Resources with instructions to 1341(a)), are hereby revoked and are no graph (7); report the same back to the House forthwith longer in effect with respect to the leasing of ‘‘(vi) 5 percent shall be deposited in the with the following amendment: areas for exploration for, and development Carbon Capture/Sequestration and Nuclear Strike all after the enacting clause and in- and production of natural gas and oil. Waste Reserve Established by paragraph (7); sert the following: (c) GULF OF MEXICO OIL AND GAS.—Section and SECTION 1. SHORT TITLE. 104 of division C of the Tax Relief and Health ‘‘(vii) 2 percent shall be available to the This Act may be cited as the ‘‘National Care Act of 2006 (Public Law 109–432; 120 Stat. Secretary of Health and Human Services for Conservation, Environment, and Energy 3003) is repealed. carrying out the Low-Income Home Energy Independence Act’’. (d) OIL SHALE.—Section 433 of the Depart- Assistance Act of 1981 (42 U.S.C. 8621, et seq.). SEC. 2. TABLE OF CONTENTS-. ment of the Interior, Environment, and Re- ‘‘(B) LEASED TRACT THAT LIES PARTIALLY The table of contents for this Act is as fol- lated Agencies Appropriations Act, 2008 (di- WITHIN THE SEAWARD BOUNDARIES OF A lows: vision F of Public Law 110–161; 121 Stat. 2152) STATE.—In the case of a leased tract that lies Sec. 1. Short title. is repealed. partially within the seaward boundaries of a Sec. 2. Table of contents. SEC. 102. OUTER CONTINENTAL SHELF LEASING State, the amounts of bonus bids and royal- TITLE I—OFFSHORE AND ONSHORE PROGRAM. ties from such tract that are subject to sub- LEASING AND OTHER ENERGY PRO- The Outer Continental Shelf Lands Act (43 paragraph (A)(ii) with respect to such State DUCTION U.S.C. 1331 et seq.) is amended by inserting shall be a percentage of the total amounts of Sec. 101. Termination of prohibitions on ex- after section 9 the following: bonus bids and royalties from such tract penditures for, and withdrawals ‘‘SEC. 10. MORATORIA AREA AND STATE DIS- that is equivalent to the total percentage of from, offshore and onshore leas- APPROVAL REQUIREMENT WITH RE- surface acreage of the tract that lies within ing and other limitations on en- SPECT TO LEASING. such seaward boundaries. ergy production. ‘‘(a) PROHIBITION ON LEASING.—The Sec- ‘‘(C) USE OF PAYMENTS TO STATES.— Sec. 102. Outer continental shelf leasing pro- retary may not issue any lease authorizing Amounts paid to a State under subparagraph gram. exploration for, or development of, natural (A)(ii) shall be used by the State for one or Sec. 103. Sharing of revenues. gas or oil in any area of the outer Conti- more of the following: Sec. 104. Policies regarding buying and build- nental Shelf that is located within 25 miles ‘‘(i) Education. ing American. of the coastline of a State. ‘‘(ii) Transportation. Sec. 105. Elimination of other restrictions on ‘‘(b) STATE DISAPPROVAL AUTHORITY.—The ‘‘(iii) Coastal restoration, environmental use of energy alternatives. Secretary may not issue any lease author- restoration, and beach replenishment. TITLE II—CLEANER ENERGY PRODUC- izing exploration for, or development of, nat- ‘‘(iv) Energy infrastructure. TION AND ENERGY CONSERVATION IN- ural gas or oil in any area of the outer Conti- ‘‘(v) Renewable energy development. CENTIVES nental Shelf that is located more than 25 ‘‘(vi) Energy efficiency and conservation. Sec. 201. Extension of renewable energy cred- miles and less than 50 miles from the coast- ‘‘(vii) Any other purpose determined by it. line of a State if the State has enacted, with- State law. Sec. 202. Extension of credit for alternative in the 1-year period beginning on the date of ‘‘(D) DEFINITIONS.—In this paragraph: fuel vehicles. the enactment of the National Conservation, ‘‘(i) ADJACENT STATE.—The term ‘Adjacent Sec. 203. Extension of alternative fuel vehi- Environment, and Energy Independence Act, State’ means, with respect to any program, cle refueling property credit. a law disapproving of the issuance of such plan, lease sale, leased tract or other activ- Sec. 204. Extension of credit for energy effi- leases by the Secretary. ity, proposed, conducted, or approved pursu- cient appliances. ‘‘(c) MILITARY OPERATIONS.—The Secretary ant to the provisions of this Act, any State Sec. 205. Extension of credit for nonbusiness shall consult with the Secretary of Defense the laws of which are declared, pursuant to energy property. regarding military operations needs in the section 4(a)(2), to be the law of the United Sec. 206. Extension of credit for residential Outer Continental Shelf. The Secretary shall States for the portion of the outer Conti- energy efficient property. work with the Secretary of Defense to re- nental Shelf on which such program, plan, Sec. 207. Extension of new energy efficient solve any conflicts that might arise between lease sale, leased tract, or activity apper- home credit. such operations and leasing under this sec- tains or is, or is proposed to be, conducted.

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‘‘(ii) ADJACENT ZONE.—The term ‘adjacent in clause (i), (ii), (iii), or (iv) of subparagraph things, result in a healthy and growing zone’ means, with respect to any program, (A) in excess of the amount of the deposits American industrial, manufacturing, trans- plan, lease sale, leased tract, or other activ- under paragraph (6)(A) for those purposes for portation, and service sector employing the ity, proposed, conducted, or approved pursu- fiscal year 2009, the chairman of the Com- vast talents of America’s workforce to assist ant to the provisions of this Act, the portion mittee on the Budget of the applicable House in the development of energy from domestic of the outer Continental Shelf for which the of Congress shall make the adjustments set sources. Moreover, the Congress intends to laws of a particular adjacent State are de- forth in clause (ii) for the amount of new monitor the deployment of personnel and clared, pursuant to section 4(a)(2), to be the budget authority and outlays in that meas- material onshore and offshore to encourage law of the United States. ure and the outlays flowing from that budget the development of American technology ‘‘(iii) PRODUCING STATE.—The term ‘pro- authority. and manufacturing to enable United States ducing State’ means an Adjacent State hav- ‘‘(ii) MATTERS TO BE ADJUSTED.—The ad- workers to benefit from this Act by good ing an adjacent zone containing leased tracts justments referred to in clause (i) are to be jobs and careers, as well as the establish- from which are derived bonus bids and royal- made to— ment of important industrial facilities to ties under a lease under this Act. ‘‘(I) the discretionary spending limits, if support expanded access to American re- ‘‘(iv) STATE.—The term ‘State’ includes any, set forth in the appropriate concurrent sources. Puerto Rico and the other territories of the resolution on the budget; (b) SAFEGUARD FOR EXTRAORDINARY ABIL- United States. ‘‘(II) the allocations made pursuant to the ITY.—Section 30(a) of the Outer Continental ‘‘(v) QUALIFIED LEASE.—The term ‘qualified appropriate concurrent resolution on the Shelf Lands Act (43 U.S.C. 1356(a)) is amend- lease’ means a natural gas or oil lease made budget pursuant to section 302(a) of the Con- ed in the matter preceding paragraph (1) by available under this Act granted after the gressional Budget Act of 1974; and striking ‘‘regulations which’’ and inserting date of the enactment of the National Con- ‘‘(III) the budget aggregates contained in ‘‘regulations that shall be supplemental and servation, Environment, and Energy Inde- the appropriate concurrent resolution on the complimentary with and under no cir- pendence Act, for an area that is available budget as required by section 301(a) of the cumstances a substitution for the provisions for leasing as a result of enactment of sec- Congressional Budget Act of 1974. of the Constitution and laws of the United tion 101 of that Act. ‘‘(iii) AMOUNTS OF ADJUSTMENTS.—The ad- States extended to the subsoil and seabed of ‘‘(E) APPLICATION.—This paragraph shall justments referred to in clauses (i) and (ii) the outer Continental Shelf pursuant to sec- apply to bonus bids and royalties received by shall not exceed the receipts estimated by tion 4 of this Act, except insofar as such laws the United States under qualified leases the Congressional Budget Office that are at- would otherwise apply to individuals who after September 30, 2008. tributable to this Act for the fiscal year in have extraordinary ability in the sciences, ‘‘(7) ESTABLISHMENT OF RESERVE AC- which the adjustments are made. arts, education, or business, which has been ‘‘(C) EXPENDITURES ONLY BY SECRETARY OF COUNTS.— demonstrated by sustained national or inter- THE INTERIOR IN CONSULTATION.—Legislation ‘‘(A) IN GENERAL.—For budgetary purposes, national acclaim, and that’’. there is established as a separate account to shall not be treated as legislation referred to in subparagraph (A) unless any expenditure SEC. 105. ELIMINATION OF OTHER RESTRICTIONS receive deposits under paragraph (6)(A)— ON USE OF ENERGY ALTERNATIVES. ‘‘(i) the Conservation Reserve, to offset the under such legislation for a purpose referred (a) RENEWABLE BIOMASS.—Section cost of legislation enacted after the date of to in that subparagraph may be made only 211(o)(1)(I) of the Clean Air Act (42 U.S.C. the enactment of the National Conservation, after consultation with the Administrator of 7545(o)(1)(I)) is amended effective January 1, Environment, and Energy Independence Act the Environmental Protection Agency, the 2009— for conservation programs, such as weather- Administrator of the National Oceanic and (1) in clause (ii), by striking ‘‘on non-fed- ization, and conservation tax credits and de- Atmospheric Administration, the Secretary eral land’’; and of the Army acting through the Corps of En- ductions for energy efficiency in the residen- (2) in clause (iv), by striking ‘‘that are gineers, and, as appropriate, the Secretary of tial, commercial, industrial and public sec- from non-federal forestlands, including State. tors, including Conservation Districts; forestlands’’ and inserting ‘‘from forestlands, ‘‘(ii) the Environment Restoration Re- ‘‘(8) MAINTENANCE OF EFFORT BY STATES.— including those on public lands and those’’. serve, to offset the cost of legislation en- The Secretary of the Interior, the Secretary (b) ALTERNATIVE FUELS.—Section 526 of the acted after the date of the enactment of the of Health and Human Services, the Secretary Energy Independence and Security Act of National Conservation, Environment, and of Energy, and any other Federal official 2007 (42 U.S.C. 17142) is repealed. Energy Independence Act to conduct restora- with authority to implement legislation re- (c) LIMITATION ON NUMBER OF NEW QUALI- tion activities to improve the overall health ferred to in paragraph (6)(A) shall ensure FIED HYBRID ADVANCED LEAN-BURN TECH- of the ecosystems primarily or entirely with- that financial assistance provided to a State NOLOGY VEHICLES.—Section 30B of the Inter- in wildlife refuges, national parks, lakes, under that legislation for any purpose with nal Revenue Code of 1986 is amended by bays, rivers, and streams, in-eluding the amounts made available under this sub- striking subsection (f). Great Lakes, the Chesapeake and Delaware section or in any legislation with respect to Bays, the San Francisco Bay/Sacramento which paragraph (7) applies supplement, and TITLE II—CLEANER ENERGY PRODUC- San Joaquin Bay Delta, the Florida Ever- do not replace, the amounts expended by the TION AND ENERGY CONSERVATION IN- glades, New York Harbor, the Colorado River State for that purpose before the date of the CENTIVES Basin, and Intracoastal Waterways and in- enactment of the National Conservation, En- SEC. 201. EXTENSION OF RENEWABLE ENERGY lets that serve them; vironment, and Energy Independence Act’’. CREDIT. ‘‘(iii) the Renewable Energy Reserve, to (b) ESTABLISHMENT OF STATE SEAWARD Each of the following provisions of section offset the cost of legislation enacted after BOUNDARIES.—Section 4(a)(2)(A) of the Outer 45(d) of the Internal Revenue Code of 1986 (re- the date of the enactment of the National Continental Shelf Lands Act (43 U.S.C. lating to qualified facilities) is amended by Conservation, Environment, and Energy 1333(a)(2)(A)) is amended in the first sentence striking ‘‘January 1, 2009’’ and inserting Independence Act to accelerate the use of by striking ‘‘, and the President’’ and all ‘‘January 1, 2013’’: cleaner domestic energy resources and alter- that follows through the end of the sentence (1) Paragraph (1) (relating to wind facil- native fuels; to promote the utilization of and inserting the following: ‘‘. Such extended ity). energy-efficient products and practices; and lines are deemed to be as indicated on the (2) Clauses (i) and (ii) of paragraph (2)(A) to increase research, development, and de- maps for each Outer Continental Shelf re- (relating to closed-loop biomass facility). ployment of clean renewable energy and effi- gion entitled ‘Alaska OCS Region State Ad- (3) Clauses (i)(I) and (ii) of paragraph (3)(A) ciency technologies and job training pro- jacent Zone and OCS Planning Areas’, ‘Pa- (relating to open-loop biomass facility). grams for those purposes; and cific OCS Region State Adjacent Zones and (4) Paragraph (4) (relating to geothermal ‘‘(iv) the Carbon Capture and Sequestra- OCS Planning Areas’, ‘Gulf of Mexico OCS energy facility). tion Reserve, to offset the cost of legislation Region State Adjacent Zones and OCS Plan- (5) Paragraph (5) (relating to small irriga- enacted after the date of the enactment of ning Areas’, and ‘Atlantic OCS Region State tion power facility). the National Conservation, Environment, Adjacent Zones and OCS Planning Areas’, all (6) Paragraph (6) (relating to landfill gas and Energy Independence Act to promote re- of which are dated September 2005 and on file facilities). search and development projects associated in the Office of the Director, Minerals Man- (7) Paragraph (7) (relating to trash combus- with carbon capture and storage in the pro- agement Service. The preceding sentence tion facilities). duction of liquid transportation fuels, syn- shall not apply with respect to the treat- (8) Paragraph (8) (relating to refined coal thetic natural gas, chemical feedstocks, and ment under section 105 of the Gulf of Mexico production facility). electricity, and for the disposition and recy- Energy Security Act of 2006 (title I of divi- (9) Subparagraphs (A) and (B) of paragraph cling/reprocessing of nuclear waste from nu- sion C of Public Law 109–432) of qualified (9) (relating to qualified hydropower facil- clear power plants. outer Continental Shelf revenues deposited ity). ‘‘(B) PROCEDURE FOR ADJUSTMENTS.— and disbursed under subsection (a)(2) of that SEC. 202. EXTENSION OF CREDIT FOR ALTER- ‘‘ (i) BUDGET COMMITTEE CHAIRMAN.—After section.’’. NATIVE FUEL VEHICLES. the reporting of a bill or joint resolution, or SEC. 104. POLICIES REGARDING BUYING AND Paragraphs (2), (3), and (4) of section 30B(j) the offering of an amendment thereto or the BUILDING AMERICAN. of the Internal Revenue Code of 1986 are each submission of a conference report thereon, (a) INTENT OF CONGRESS.—It is the intent of amended by striking the date therein and in- providing funding for the purposes set forth the Congress that this Act, among other serting ‘‘December 31, 2014’’.

VerDate Aug 31 2005 07:15 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00121 Fmt 4634 Sfmt 0634 E:\CR\FM\A16SE7.096 H16SEPT1 jbell on PROD1PC69 with HOUSE H8252 CONGRESSIONAL RECORD — HOUSE September 16, 2008 SEC. 203. EXTENSION OF ALTERNATIVE FUEL VE- ‘‘December 31, 2008’’ and inserting ‘‘Decem- 202(i) of the Clean Air Act for that make and HICLE REFUELING PROPERTY CRED- ber 31, 2013’’. model year vehicle, IT. (b) EFFECTIVE DATE.—The amendments ‘‘(F) which is propelled to a significant ex- (a) IN GENERAL.—Paragraph (2) of section made by this section shall apply to fuel pro- tent by an electric motor which draws elec- 30C(g) of such Code (relating to termination) duced, and sold or used, after December 31, tricity from a battery which— is amended by striking ‘‘December 31, 2009’’ 2008. ‘‘(i) has a capacity of not less than 4 kilo- and inserting ‘‘December 31, 2010’’. SEC. 212. CREDIT FOR PLUG-IN HYBRID VEHI- watt hours, and (b) ALTERNATIVE FUELS.—Paragraph (1) of CLES. ‘‘(ii) is capable of being recharged from an section 30C(g) of the Internal Revenue Code (a) IN GENERAL.—Subpart B of part IV of external source of electricity, and of 1986 is amended by striking ‘‘hydrogen,’’ subchapter A of chapter 1 of the Internal ‘‘(G) which either— ‘‘(i) is also propelled to a significant extent inserting ‘‘hydrogen or alternative fuels (as Revenue Code of 1986 (relating to other cred- by other than an electric motor, or defined in section 30B(e)(4)(B)).’’. its) is amended by adding at the end the fol- ‘‘(ii) has a significant onboard source of SEC. 204. EXTENSION OF CREDIT FOR ENERGY lowing new section: EFFICIENT APPLIANCES. electricity which also recharges the battery ‘‘SEC. 30D. PLUG-IN HYBRID VEHICLES. (a) IN GENERAL.—Subsection (b) of section referred to in subparagraph (F). ‘‘(a) ALLOWANCE OF CREDIT.—There shall be 45M of the Internal Revenue Code of 1986 (re- ‘‘(2) EXCEPTION.—The term ‘qualified plug- allowed as a credit against the tax imposed lating to applicable amount) is amended by in hybrid vehicle’ shall not include any vehi- by this chapter for the taxable year an striking ‘‘calendar year 2006 or 2007’’ each cle which is not a passenger automobile or amount equal to the sum of the credit place it appears in paragraphs (1)(A)(i), light truck if such vehicle has a gross vehicle amounts determined under subsection (b) 1(1)(B)(i), (1)(C)(ii)(I), and (1)(C)(iii)(I), and weight rating of less than 8,500 pounds. with respect to each qualified plug-in hybrid inserting ‘‘calendar year 2006, 2007, 2008, 2009, ‘‘(3) OTHER TERMS.—The terms ‘passenger vehicle placed in service by the taxpayer 2010, 2011, 2012, or 2013’’. automobile’, ‘light truck’, and ‘manufac- during the taxable year. (b) RESTART OF CREDIT LIMITATION.—Para- turer’ have the meanings given such terms in ‘‘(b) PER VEHICLE DOLLAR LIMITATION.— graph (1) of section 45M(e) of such Code (re- regulations prescribed by the Administrator ‘‘(1) IN GENERAL.—The amount determined lating to aggregate credit amount allowed) of the Environmental Protection Agency for under this subsection with respect to any is amended by inserting ‘‘beginning after De- purposes of the administration of title II of qualified plug-in hybrid vehicle is the sum of cember 31, 2007’’ after ‘‘for all prior taxable the Clean Air Act (42 U.S.C. 7521 et seq.). the amounts determined under paragraphs years’’. ‘‘(4) BATTERY CAPACITY.—The term ‘capac- (2) and (3) with respect to such vehicle. ity’ means, with respect to any battery, the (c) EFFECTIVE DATE.—The amendments ‘‘(2) BASE AMOUNT.—The amount deter- made by this section shall apply to appli- quantity of electricity which the battery is mined under this paragraph is $4,000. ances produced after December 31, 2007. capable of storing, expressed in kilowatt ‘‘(3) BATTERY CAPACITY.—In the case of ve- hours, as measured from a 100 percent state SEC. 205. EXTENSION OF CREDIT FOR NONBUSI- hicle which draws propulsion energy from a of charge to a 0 percent state of charge. NESS ENERGY PROPERTY. battery with not less than 5 kilowatt hours ‘‘(e) SPECIAL RULES.— (a) IN GENERAL.—Section 25C(g) of the In- of capacity, the amount determined under ‘‘(1) BASIS REDUCTION.—The basis of any ternal Revenue Code of 1986 (relating to ter- this paragraph is $200, plus $200 for each kilo- property for which a credit is allowable mination) is amended by striking ‘‘December watt hour of capacity in excess of 5 kilowatt under subsection (a) shall be reduced by the 31, 2007’’ and inserting ‘‘December 31, 2013’’. hours. The amount determined under this amount of such credit (determined without (b) EFFECTIVE DATE.—The amendment paragraph shall not exceed $2,000. regard to subsection (c)). made by this section shall apply to property ‘‘(c) APPLICATION WITH OTHER CREDITS.— ‘‘(2) RECAPTURE.—The Secretary shall, by placed in service after December 31, 2007. ‘‘(1) BUSINESS CREDIT TREATED AS PART OF regulations, provide for recapturing the ben- SEC. 206. EXTENSION OF CREDIT FOR RESIDEN- GENERAL BUSINESS CREDIT.—So much of the efit of any credit allowable under subsection TIAL ENERGY EFFICIENT PROPERTY. credit which would be allowed under sub- (a) with respect to any property which ceases Section 25D(g) of the Internal Revenue section (a) for any taxable year (determined to be property eligible for such credit. Code of 1986 (relating to termination) is without regard to this subsection) that is at- ‘‘(3) PROPERTY USED OUTSIDE UNITED amended by striking ‘‘December 31, 2008’’ and tributable to property of a character subject STATES, ETC., NOT QUALIFIED.—No credit inserting ‘‘December 31, 2014’’. to an allowance for depreciation shall be shall be allowed under subsection (a) with re- SEC. 207. EXTENSION OF NEW ENERGY EFFI- treated as a credit listed in section 38(b) for spect to any property referred to in section CIENT HOME CREDIT. such taxable year (and not allowed under 50(b)(1) or with respect to the portion of the Subsection (g) of section 45L of the Inter- subsection (a)). cost of any property taken into account nal Revenue Code of 1986 (relating to termi- ‘‘(2) PERSONAL CREDIT.— under section 179. nation) is amended by striking ‘‘December ‘‘(A) IN GENERAL.—For purposes of this ‘‘(4) ELECTION NOT TO TAKE CREDIT.—No 31, 2008’’ and inserting ‘‘December 31, 2013’’. title, the credit allowed under subsection (a) credit shall be allowed under subsection (a) SEC. 208. EXTENSION OF ENERGY EFFICIENT for any taxable year (determined after appli- for any vehicle if the taxpayer elects to not COMMERCIAL BUILDINGS DEDUC- cation of paragraph (1)) shall be treated as a have this section apply to such vehicle. TION. credit allowable under subpart A for such ‘‘(5) PROPERTY USED BY TAX-EXEMPT ENTI- Section 179D(h) of the Internal Revenue taxable year. TY; INTERACTION WITH AIR QUALITY AND Code of 1986 (relating to termination) is MOTOR VEHICLE SAFETY STANDARDS.—Rules ‘‘(B) LIMITATION BASED ON AMOUNT OF amended by striking ‘‘December 31, 2008’’ and similar to the rules of paragraphs (6) and (10) TAX.—In the case of a taxable year to which inserting ‘‘December 31, 2013’’. section 26(a)(2) does not apply, the credit al- of section 30B(h) shall apply for purposes of SEC. 209. EXTENSION OF ENERGY CREDIT. lowed under subsection (a) for any taxable this section.’’. (b) PLUG-IN VEHICLES NOT TREATED AS NEW ( a) SOLAR ENERGY PROPERTY.—Paragraphs year (determined after application of para- QUALIFIED HYBRID VEHICLES.—Section (2)(A)(i)(II) and (3)(A)(ii) of section 48(a) of graph (1)) shall not exceed the excess of— 30B(d)(3) is amended by adding at the end the the Internal Revenue Code of 1986 (relating ‘‘(i) the sum of the regular tax liability (as following new subparagraph: to energy credit) are each amended by strik- defined in section 26(b)) plus the tax imposed ‘‘(D) EXCLUSION OF PLUG-IN VEHICLES.— ing ‘‘January 1, 2009’’ and inserting ‘‘January by section 55, over 1, 2017’’. Any vehicle with respect to which a credit ‘‘(ii) the sum of the credits allowable under is allowable under section 30D (determined (b) FUEL CELL PROPERTY.—Subparagraph subpart A (other than this section and sec- (E) of section 48(c)(1) of such Code (relating without regard to subsection (c) thereof) tions 23 and 25D) and section 27 for the tax- shall not be taken into account under this to qualified fuel cell property) is amended by able year. striking ‘‘December 31, 2008’’ and inserting section.’’. ‘‘(d) QUALIFIED PLUG-IN HYBRID VEHICLE.— (c) CREDIT MADE PART OF GENERAL BUSI- ‘‘December 31, 2016’’. For purposes of this section— NESS CREDIT.—Section 38(b) is amended by (c) MICROTURBINE PROPERTY.—Subpara- ‘‘(1) IN GENERAL.—The term ‘qualified striking ‘‘plus’’ at the end of paragraph (32), graph (E) of section 48(c)(2) of such Code (re- plug-in hybrid vehicle’ means a motor vehi- by striking the period at the end of para- lating to qualified microturbine property) is cle (as defined in section 30(c)(2))— graph (33) and inserting ‘‘, plus’’, and by add- amended by striking ‘‘December 31, 2008’’ and ‘‘(A) the original use of which commences ing at the end the following new paragraph: inserting ‘‘December 31, 2013’’. with the taxpayer, ‘‘(34) the portion of the plug-in hybrid vehi- SEC. 210. EXTENSION OF CREDIT FOR CLEAN RE- ‘‘(B) which is acquired for use or lease by cle credit to which section 30D(c)(1) ap- NEWABLE ENERGY BONDS. the taxpayer and not for resale, plies.’’. (a) EXTENSION.—Section 54(m) of the Inter- ‘‘(C) which is made by a manufacturer, (d) CONFORMING AMENDMENTS.— nal Revenue Code of 1986 (relating to termi- ‘‘(D) which has a gross vehicle weight rat- (1)(A) Section 24(b)(3)(B), as amended by nation) is amended by striking ‘‘December ing of less than 14,000 pounds, this Act, is amended by striking ‘‘and 25D’’ 31, 2008’’ and inserting ‘‘December 31, 2013’’. ‘‘(E) which has received a certificate of and inserting ‘‘25D, and 30D’’. SEC. 211. EXTENSION OF CREDITS FOR BIO- conformity under the Clean Air Act and (B) Section 25(e)(1)(C)(ii) is amended by in- DIESEL AND RENEWABLE DIESEL. meets or exceeds the Bin 5 Tier II emission serting ‘‘30D,’’ after ‘‘25D,’’. (a) IN GENERAL.—Sections 40A(g), 6426(c)(6), standard established in regulations pre- (C) Section 25B(g)(2), as amended by this and 6427(e)(5)(B) of the Internal Revenue scribed by the Administrator of the Environ- Act, is amended by striking ‘‘and 25D’’ and Code of 1986 are each amended by striking mental Protection Agency under section inserting ‘‘, 25D, and 30D’’.

VerDate Aug 31 2005 07:15 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00122 Fmt 4634 Sfmt 0634 E:\CR\FM\A16SE7.098 H16SEPT1 jbell on PROD1PC69 with HOUSE September 16, 2008 CONGRESSIONAL RECORD — HOUSE H8253 (D) Section 26(a)(1), as amended by this current processing capabilities of refineries cation and outreach materials pursuant to Act, is amended by striking ‘‘and 25D’’ and in the United States. such program, as authorized by section inserting ‘‘25D, and 30D’’. (2) To provide increased funding to accel- 931(a)(2)(A) of the Energy Policy Act of 2005 (E) Section 1400C(d)(2) is amended by strik- erate conservation, energy research and de- (42 U.S.C. 16231(a)(2)(A)). ing ‘‘and 25D’’ and inserting ‘‘25D, and 30D’’. velopment, and assistance through existing (4) LOW INCOME WEATHERIZATION AND (2) Section 1016(a) is amended by striking programs. LIHEAP.—The Secretary shall transfer ‘‘and’’ at the end of paragraph (35), by strik- SEC. 304. MODIFICATION OF THE STRATEGIC PE- $100,000,000 to the account ‘‘Weatherization ing the period at the end of paragraph (36) TROLEUM RESERVE. Assistance Program’’, to remain available and inserting ‘‘, and’’, and by adding at the Notwithstanding section 161 of the Energy until expended, for necessary expenses for a end the following new paragraph: Policy and Conservation Act (42 U.S.C. 6241), program to weatherize low income housing, ‘‘(37) to the extent provided in section the Secretary shall publish a plan not later as authorized by section 411 of the Energy 30D(e)(1).’’. than 30 days after the date of enactment of Independence and Security Act of 2007 (Pub- (3) Section 6501(m) is amended by inserting this Act to— lic Law 110–140). The Secretary shall transfer ‘‘30D(e)(4),’’ after ‘‘30C(e)(5),’’. (1) exchange as soon as possible light grade $100,000,000 to the Secretary of Health and (4) The table of sections for subpart B of petroleum from the Strategic Petroleum Re- Human Services for distribution to States part IV of subchapter A of chapter 1 is serve, in an amount equal to 10 percent of under section 2604(a) through (d) of the Low- amended by adding at the end the following the total number of barrels of crude oil in Income Home Energy Assistance Act of 1981 new item: the Reserve as of the date of enactment of (42 U.S.C. 8623(a)–(d)). ‘‘Sec. 30D). Plug-in hybrid vehicles.’’. this Act, for an equivalent volume of heavy (e) EFFECTIVE DATE.—The amendments (5) MARINE AND HYDROKINETIC RENEWABLE grade petroleum plus any additional cash ELECTRIC ENERGY.—The Secretary shall made by this section shall apply to taxable bonus bids received that reflect the dif- years beginning after December 31, 2008. transfer $30,000,000 to the account ‘‘Energy ference in the market value between light Efficiency and Renewable Energy’’, to re- SEC. 213. TIME FOR PAYMENT OF CORPORATE ES- grade petroleum and heavy grade petroleum main available until expended, for necessary TIMATED TAXES. and the timing of deliveries of the heavy Notwithstanding section 6655 of the Inter- expenses for a program to accelerate the re- grade petroleum; search, development, demonstration, and de- nal Revenue Code of 1986, in the case of a (2) from the gross proceeds of the cash corporation with assets of not less than ployment of ocean and wave energy, includ- bonus bids, deposit the amount necessary to ing hydrokinetic renewable energy, as au- $1,000,000,000 (determined as of the end of the pay for the direct administrative and oper- preceding taxable year— thorized by section 931 of the Energy Policy ational costs of the exchange into the SPR Act of 2005 (42 U.S.C. 16231) and section 636 of (1) the percentage under section 401(1) (C) Petroleum Account established under sec- of the Tax Increase Prevention and Rec- the Energy Independence and Security Act of tion 167 of the Energy Policy and Conserva- 2007 (42 U.S.C. 17215). onciliation Act of 2005 (as in effect on the tion Act (42 U.S.C. 6247); and (6) ADVANCED VEHICLES RESEARCH, DEVELOP- date of the enactment of this Act) is in- (3) deposit 90 percent of the remaining net MENT, AND DEMONSTRATION.—The Secretary creased by 51 percentage points, and proceeds from the exchange into the account (2) the amount of any required installment shall transfer $40,000,000 to the account ‘‘En- established under section 305(a). of corporate estimated tax which is other- ergy Efficiency and Renewable Energy’’, to wise due in July, August, or September of SEC. 305. ENERGY INDEPENDENCE AND SECU- remain available until expended, for nec- RITY FUND. 2018 shall be 200 percent of such amount. essary expenses for research, development, The amount of the next required install- (a) ESTABLISHMENT.—There is hereby es- and demonstration on advanced, cost-effec- ment after an installment to which para- tablished in the Treasury of the United tive technologies to improve the energy effi- graph (2) applies shall be appropriately re- States the ‘‘Energy Independence and Secu- ciency and environmental performance of ve- duced to reflect the amount of the increase rity Fund’’ (in this section referred to as the hicles, as authorized in section 911(a)(2)(A) of by reason of such paragraph. ‘‘Fund’’). the Energy Policy Act of 2005 (42 U.S.C. (b) ADMINISTRATION.—The Secretary shall 16191(a)(2)(A)). TITLE III—MODIFYING THE STRATEGIC be responsible for administering the Fund for PETROLEUM RESERVE AND FUNDING the purpose of carrying out this section. (7) INDUSTRIAL ENERGY EFFICIENCY RE- SEARCH AND DEVELOPMENT.—The Secretary CONSERVATION AND ENERGY RE- (c) DEPOSITS.—The Secretary shall transfer SEARCH AND DEVELOPMENT the balance of funds in the SPR Petroleum shall transfer $110,000,000 to the account ‘‘En- SEC. 301. FINDINGS. Account on the date of enactment of this Act ergy Efficiency and Renewable Energy’’, to Congress finds the following: in excess of $10,000,000 into the Fund. remain available until expended, for necessary expenses for a program to accelerate (1) The Strategic Petroleum Reserve (SPR) (d) DISTRIBUTION OF FUNDS.—The Secretary was created by Congress in 1975, to protect shall make available for obligation, without the research, development, demonstration, the Nation from any future oil supply disrup- further appropriation and without fiscal year and deployment of new technologies to im- tions. When the program was established, limitation, the following amounts from the prove the energy efficiency and reduce United States refiners were capable of han- Fund: greenhouse gas emissions from industrial processes, as authorized in section dling light and medium crude and the make (1) ADVANCED RESEARCH PROJECTS AGEN- 911(a)(2)(C) of the Energy Policy Act of 2005 up of the SPR matched this capacity. This is CY—ENERGY.—The Secretary shall transfer not the case today. $100,000,000 to the account ‘‘Energy Trans- (42 U.S.C. 16191(a)(2)(C)) and in section 452 of (2) A GAO analysis found that nearly half formation Acceleration Fund’’, established the Energy Independence and Security Act of of the refineries considered vulnerable to under section 5012(m) of the America COM- 2007 (42 U.S.C. 17111). supply disruptions are not compatible with PETES Act (42 U.S.C. 16538(m)), to remain (8) BUILDING AND LIGHTING ENERGY EFFI- the types of oil currently stored in the SPR available until expended. Of the funds so CIENCY RESEARCH AND DEVELOPMENT.—The and would be unable to maintain normal re- transferred, the Secretary shall further allo- Secretary shall transfer $70,000,000 to the ac- fining capacity if forced to rely on SPR oil cate the amounts made available for obliga- count ‘‘Energy Efficiency and Renewable En- as currently constituted, thereby reducing tion as follows: ergy’’, to remain available until expended, the effectiveness of the SPR in the event of (A) $50,000,000 shall be available for uni- for necessary expenses for a program to ac- a supply disruption. GAO concluded that the versity-based research projects. celerate the research, development, dem- SPR should be comprised of at least 10 per- (B) $10,000,000 shall be available for pro- onstration, and deployment of new tech- cent heavy crude. gram direction expenses. nologies to improve the energy efficiency of (3) This Act implements the GAO rec- (2) WIND ENERGY RESEARCH AND DEVELOP- and reduce greenhouse gas emissions from ommendation and dedicates funds received MENT.—The Secretary shall transfer buildings, as authorized in section 321(g) of from the transactions to existing energy $15,000,000 to the account ‘‘Energy Efficiency the Energy Independence and Security Act of conservation, research, and assistance pro- and Renewable Energy’’, to remain available 2007 (42 U.S.C. 6295 note), section 422 of the grams. until expended, for necessary expenses for a Energy Independence and Security Act of SEC. 302. DEFINITIONS. program to support the development of next- 2007 (42 U.S.C. 17082), and section 912 of the In this title— generation wind turbines, including turbines Energy Policy Act of 2005 (42 U.S.C. 16192). (1) the term ‘‘light grade petroleum’’ capable of operating in areas with low wind (9) GEOTHERMAL ENERGY DEVELOPMENT.— means crude oil with an API gravity of 35 de- speeds, as authorized in section 931(a)(2)(B) The Secretary shall transfer $30,000,000 to the grees or higher; of the Energy Policy Act of 2005 ( 42 U.S.C. account ‘‘Energy Efficiency and Renewable (2) the term ‘‘heavy grade petroleum’’ 16231(a)(2)(B)). Energy’’, to remain available until expended, means crude oil with an API gravity of 26 de- (3) SOLAR ENERGY RESEARCH AND DEVELOP- for necessary expenses for geothermal re- grees or lower; and MENT.—The Secretary shall transfer search and development activities to be (3) the term ‘‘Secretary’’ means the Sec- $30,000,000 to the account ‘‘Energy Efficiency managed by the National Renewable Energy retary of Energy. and Renewable Energy’’, to remain available Laboratory, as authorized by sections 613, SEC. 303. OBJECTIVES. until expended, for necessary expenses for a 614, 615, and 616 of the Energy Independence The objectives of this title are as follows: program to accelerate the research, develop- and Security Act of 2007 (42 U.S.C. 17192–95) (1) To modernize the composition of the ment, demonstration, and deployment of and section 931(a)(2)(C) of the Energy Policy Strategic Petroleum Reserve to reflect the solar energy technologies, and public edu- Act of 2005 (42 U.S.C. 16231(a)(2)(C)).

VerDate Aug 31 2005 07:15 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00123 Fmt 4634 Sfmt 0634 E:\CR\FM\A16SE7.101 H16SEPT1 jbell on PROD1PC69 with HOUSE H8254 CONGRESSIONAL RECORD — HOUSE September 16, 2008 (10) SMART GRID TECHNOLOGY RESEARCH, DE- make additional transfers no later than 30 We’re the most powerful Nation in VELOPMENT, AND DEMONSTRATION.—The Sec- days after subsequent deposits. If the the world, and it’s unfair to the Amer- retary shall transfer $30,000,000 to the ac- amount available to be transferred is less ican public that their future depends count ‘‘Energy Efficiency and Renewable En- than the levels authorized under subsection on weather in the gulf, that their fu- ergy’’, to remain available until expended, (d), the transfers for each program shall be for necessary expenses for research, develop- allocated on a pro rata basis. If the amount ture depends on unstable countries ment, and demonstration of smart grid tech- available to be transferred exceeds the levels that provide us half of our imported nologies, as authorized by section 1304 of the authorized under subsection (d), the trans- oil. We get half of the 70 percent we im- Energy Independence and Security Act of fers for each program shall be increased on a port from friends and half of it from 2007 (42 U.S.C. 17384). pro rata basis. unstable nations. The American people (11) CARBON CAPTURE AND STORAGE.—The (f) MANAGEMENT AND OVERSIGHT.— are not comfortable with that. They Secretary shall transfer $385,000,000 to the (1) ADDITIONALITY OF FISCAL YEAR 2008 want better. account ‘‘Fossil Energy Research and Devel- TRANSFERS.—All amounts transferred under And the American people know that opment’’, to remain available until ex- subsection (d) shall be in addition to, and pended, for necessary expenses for a program shall not be substituted for, any funds appro- our energy system could be sabotaged of demonstration projects of carbon capture priated for the same or similar purposes in each and every day by the terrorists and storage, and for a research program to the Consolidated Appropriations Act, 2008. because there is no slop in the system, address public health, safety, and environ- (2) EXCESS FUNDS.—The total of all there’s no surplus, there’s no extra. mental impacts, as authorized by section 963 amounts transferred under subsection (d) There’s just enough oil to meet the oil of the Energy Policy Act of 2005 (42 U.S.C. and any funds appropriated for the same or demand each day, and whenever any- 16293) and sections 703 and 707 of the Energy similar purposes in the Consolidated Appro- thing goes wrong, the prices skyrocket. Independence and Security Act of 2007 (42 priations Act, 2008 may not exceed the Folks, we have the chance here to re- amounts authorized in other Acts for such U.S.C. 17251, 17255). evaluate our policies. I understand (12) NONCONVENTIONAL DOMESTIC NATURAL purposes. In the event that amounts made GAS PRODUCTION AND ENVIRONMENTAL RE- available under this title plus amounts under many years ago when we set it aside, it SEARCH.— the Consolidated Appropriations Act, 2008 ex- was cheap: $2 gas, $10 oil, use theirs, (A) The Secretary shall transfer $50,000,000 ceed the cumulative amounts authorized in save ours. Folks, that day is gone. We to the account authorized by section 999H(e) other Acts for any program funded by this need to now reassess where we’re at. of the Energy Policy Act of 2005 (42 U.S.C. Act, the excess amounts shall be distributed We need to be energy independent in 16378(e)), to remain available until expended. to the other programs funded by this title on this country, and we need to start (B) The Secretary shall transfer $15,000,000 a pro rata basis. down that long road. It won’t be easy, to the account ‘‘Fossil Energy Research and (3) PROGRAM PLANS AND PERFORMANCE Development’’, to remain available until ex- MEASURES.—The Secretary shall prepare and and it needs to be a broad-based plan. pended, for necessary expenses for a program publish in the Federal Register a plan for the Our bill opens up the Outer Conti- of basin-oriented assessments and public and proposed use of all funds authorized in sub- nental Shelf. It takes away all the pro- private partnerships involving States and in- section (d). The plan also shall identify how hibitions that have been put upon the dustry to foster the development of regional the use of these funds will be additive to, and Department of the Interior for leasing advanced technological, regulatory, and eco- not displace, annual appropriations. The land. It repeals the prohibition of pre- nomic development strategies for the effi- plans also shall identify performance meas- venting Federal agencies from entering cient and environmentally sustainable re- ures to assess the additional benefits that into contracts for procurement of al- covery and market delivery of natural gas may be realized from the application of the and domestic petroleum resources within the additional funding provided under this sec- ternative and synthetic fuels. It re- United States, and for support for the Strip- tion. The initial plan shall be published in peals limitation on the number of new per Well Consortium. the Federal Register not later than 45 days qualified hybrid and advanced clean- (13) HYDROGEN RESEARCH AND DEVELOP- after the date of enactment of this Act. burn technology vehicles eligible for MENT.—The Secretary shall transfer (4) CONGRESSIONAL OVERSIGHT AND RE- the alternative vehicle tax benefits. $5,000,000 to the account ‘‘Energy Efficiency VIEW.—Nothing in this section shall limit or That’s electric and gas cars. and Renewable Energy’’, to remain available restrict the review and oversight of program It allows the use of woody biomass, until expended, for necessary expenses for plans by the appropriate committees of Con- the fastest growing renewable we have the Department of Energy’s 1–1Prize Pro- gress. Nothing in this section shall limit or that’s fueling pellet stoves and fac- gram, as authorized by section 1008(f) of the restrict the authority of Congress to set al- Energy Policy Act of 2005 (42 U.S.C. 16396(f)). ternative spending limitations in annual ap- tories with wood waste and will be part (14) ENERGY STORAGE FOR TRANSPORTATION propriations Acts. of cellulosic ethanol as we move from AND ELECTRIC POWER.— (5) APPORTIONMENT.—All transactions of corn to cellulose, prohibited today by (A) The Secretary shall transfer $30,000,000 the Fund shall be exempt from apportion- law from using off of Federal land, to the account ‘‘Basic Energy Sciences’’, to ment under the provisions of subchapter II of wood waste. Removes that. remain available until expended, for nec- chapter 15 of title 31, United States Code. Folks, it removes the prohibition on essary expenses for a program to accelerate basic research on energy storage systems to Mr. PETERSON of Pennsylvania shale oil, the biggest oil opportunity support electric drive vehicles, stationary (during the reading). Mr. Speaker, I this country has ever had. And folks, it applications, and electricity transmission ask unanimous consent that the mo- takes the revenues and funds the re- and distribution, as authorized by section tion be considered as read. newables better than they’ve ever been 641(p)(1) of the Energy Independence and Se- The SPEAKER pro tempore. Is there funded. It funds conservation better curity Act of 2007 (42 U.S.C. 17231(p)(1)). objection to the request of the gen- than it’s ever been funded. It funds (B) The Secretary shall transfer $70,000,000 tleman from Pennsylvania? clean-up efforts, environmental clean- to the account ‘‘Energy Efficiency and Re- There was no objection. up efforts. It funds carbon sequestra- newable Energy’’, to remain available until expended, including— The SPEAKER pro tempore. The gen- tion with large amounts of money. (i) $30,000,000 for a program to accelerate tleman is recognized for 5 minutes in And let me read you that paragraph applied research on energy storage systems support of his motion. which I think is vital: ‘‘The Carbon to support electric drive vehicles, stationary Mr. PETERSON of Pennsylvania. Capture and Sequestration Reserve off- applications, and electricity transmission Thank you, Mr. Speaker. sets the cost of legislation enacted and distribution as authorized by section I want to thank the leadership on after the date of the enactment of the 641(p)(2) of the Energy Independence and Se- both sides. I want to thank all of the National Conservation, Environment curity Act of 2007 (42 U.S.C. 17231(p)(2)); Members for the opportunity tonight (ii) $20,000,000 for energy storage systems and Energy Independence Act to pro- demonstrations as authorized by section to offer America the first bipartisan mote research and development 641(p)(4) of the Energy Independence and Se- energy bill that may have been offered projects associated with carbon cap- curity Act of 2007 (42 U.S.C. 17231(p)(4)); and in this century written by Republicans ture and storage in the production of (iii) $20,000,000 for vehicle energy storage and Democrats in a room with just cold liquid transportation fuels, electricity, systems demonstrations as authorized by sandwiches night after night, working synthetic natural gas, chemical feed- section 641(p)(5) of the Energy Independence with no lobbyists, no power brokers, stock and for the disposition and recy- and Security Act of 2007 (42 U.S.C. trying to come together like the Amer- cling/reprocessing of nuclear waste 17231(p)(5)). (e) TRANSFER PROCEDURES.—The Secretary ican people want us to. They want af- from nuclear power plants.’’ shall make an initial transfer from the Fund fordable, available energy as soon as It will fund LIHEAP for those who no later than 30 days after the initial deposit we can get it, and they want it are not going to be able to afford their of monies into the Fund. The Secretary shall ongoingly, and they deserve it. heating this winter.

VerDate Aug 31 2005 06:27 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00124 Fmt 4634 Sfmt 0634 E:\CR\FM\A16SE7.103 H16SEPT1 jbell on PROD1PC69 with HOUSE September 16, 2008 CONGRESSIONAL RECORD — HOUSE H8255 Folks, this is not a perfect bill, but if the other bill passes—and I urge us The SPEAKER pro tempore. Without it’s a damn good start, and it was put to vote for that bill—that we then go objection, the previous question is or- together by no interest groups, no cor- to the Senate and say, look, we’ve got dered on the motion to recommit. porations got involved, no environ- a considerable consensus here, not There was no objection. mental radical groups. None of them unanimous by any respects, but we The SPEAKER pro tempore. The were at the table. have a considerable consensus on the question is on the motion to recommit. b 2130 drilling, on the revenue sharing, on all The question was taken; and the the items that we worked on, on a bi- Speaker pro tempore announced that It was just Members of Congress who partisan basis. the noes appeared to have it. felt the needs of their districts and re- So I think what we have to do here RECORDED VOTE alized the plea of the people to give us tonight, what I recommend to every- available, affordable energy. We’re the Mr. PETERSON of Pennsylvania. Mr. body on our side, is that we keep our Speaker, I demand a recorded vote. most powerful Nation. Why are we not word. We said that we were going to doing that? Just recently, Russia A recorded vote was ordered. put this bill in good faith on the floor The SPEAKER pro tempore. Pursu- bought a coal plant in Pennsylvania. and move it along despite everybody You’re going to find China buying enant to clause 9 of rule XX, the Chair saying that they had other contentions will reduce to 5 minutes the minimum ergy plants in this country. They’re they would like to be in there, and that building plants everywhere. They’re time for any electronic vote on the where H.R. 6709 is concerned on the re- question of passage. preparing for their future while we’ve committal is that it should have been been sitting on our hands, bickering The vote was taken by electronic de- offered from the beginning as a work- vice, and there were—ayes 191, noes 226, and bipartisanly fighting with each ing document, but that the first part— other. not voting 17, as follows: okay. All right. [Roll No. 598] I ask the Members of both con- Mr. RAHALL. Regular order, Mr. ferences to support this act that will Speaker. AYES—191 give America energy in the future Mr. ABERCROMBIE. You’re making Aderholt Foxx Murphy, Tim Akin Franks (AZ) that’s affordable. my point for me. You’re making my Musgrave Mr. RAHALL. Mr. Speaker, with all Alexander Gallegly Myrick point for me. We reached out to every- Altmire Garrett (NJ) due respect to the gentleman from Nunes body. JOHN and I reached out, and not Bachmann Gerlach Pearce Pennsylvania, I claim my 5 minutes in Bachus Gingrey OHN Pence just J and I, the 49 or 50 people—I Barrett (SC) Gohmert opposition to the motion to recommit, named some of them tonight—to every- Peterson (PA) and I yield 2 minutes to the gentleman Barrow Goode Petri body. And if you think you’re going to Bartlett (MD) Goodlatte from Pennsylvania’s partner in this ef- Pickering score points by yelling at me here on Barton (TX) Granger Platts Biggert Graves fort, the gentleman from Hawaii. the floor, I think you’re making my Poe The SPEAKER pro tempore. The gen- Bilbray Hall (TX) Price (GA) case for me. Bishop (UT) Hastings (WA) tleman may yield and reclaim time as Putnam Mr. RAHALL. Mr. Speaker, reclaim- Blackburn Hayes he sees fit. The Chair will not monitor Radanovich ing my time, it should be noted that Blunt Hensarling Ramstad sub-units of time within his 5 minutes. Boehner Herger the recommittal motion, in taking the Regula Mr. RAHALL. I’m sorry? Bonner Herseth Sandlin Rehberg The SPEAKER pro tempore. The gen- Abercrombie and Peterson language as Bono Mack Hobson Renzi Boozman Hoekstra tleman must keep track of the time it has word for word, does repeal the Reynolds Boustany Holden Rogers (AL) himself. The Chair will not monitor it. military mission law protection that Broun (GA) Hulshof we worked so hard to keep in for the Rogers (KY) Mr. RAHALL. Fine. Thank you, Mr. Brown (SC) Hunter Rogers (MI) Florida delegation. Brown-Waite, Inglis (SC) Rohrabacher Speaker. Ginny Issa The gentleman from Florida (Mr. Roskam Mr. ABERCROMBIE. Why didn’t we Burgess Johnson (IL) Royce YOUNG) raised that issue on the floor. Burton (IN) Johnson, Sam take H.R. 6709 from the beginning just Ryan (WI) He had the map, and I would say to him Buyer Jones (NC) for the reasons that JOHN says and Sali Calvert Jordan that because of the importance of this Saxton make this a bill that we all put to- Camp (MI) Keller Scalise gether? We’ve denounced each other all to our military training, our aviation Campbell (CA) King (IA) Schmidt training, our national security de- Cannon King (NY) day, not everybody, but the denuncia- Sensenbrenner Cantor Kingston tions and the accusations were all tak- fenses, we protect this area in our bill. Sessions Capito Kirk The Abercrombie-Peterson measure, Shadegg ing place all day. Carter Kline (MN) Where’s JOHN? No, no, I love you, as read by the Clerk of the House just Castle Knollenberg Shays Shimkus JOHN. The other JOHN. But I don’t see now, repeals the section 104 that pro- Cazayoux Kuhl (NY) Chabot LaHood Shuster him over there. vides for the protection of this Florida Simpson area. Childers Lamborn Mr. BOEHNER, the minority leader, Coble Latham Smith (NE) has been talking about the other bill, So I would urge my colleagues from Cole (OK) LaTourette Smith (TX) the total energy bill or whatever it is the State of Florida to particularly Conaway Latta Souder take this into recognition, as well as Crenshaw Lewis (CA) Stearns all straight through. Then we come to Culberson Lewis (KY) Sullivan H.R. 6709. Now, it’s easy for me. I gave all of my colleagues, because this is a Davis (KY) Linder Tancredo my word. Everybody in here knows national security area. The Air Force Davis, David Lucas Taylor uses the eastern gulf for training ma- Davis, Tom Lungren, Daniel Terry that I give you my word, I’m going to Thornberry neuvers. It has become crucial for Deal (GA) E. keep it. I gave my word on this bill to Dent Mack Tiahrt try and move it along, and so I will. maintaining our military readiness, es- Diaz-Balart, L. Manzullo Tiberi What bothers me is if the intention pecially after the closure of Vieques, Diaz-Balart, M. Marchant Turner was to work H.R. 6709 all along, why and our compromise bill does protect Donnelly Marshall Upton Doolittle McCarthy (CA) Walden (OR) didn’t we do it? It would have been this area for important defense train- Drake McCotter Walsh (NY) easy just to say okay, Madam Speaker, ing and exercises. Duncan McCrery Walz (MN) let’s put this together and do it. So I would hope Members would note Emerson McHenry Wamp Now, as I say, I believe that honor that, and I do, of course, rise in opposi- English (PA) McHugh Weldon (FL) Everett McIntyre Weller puts me in the position of voting for tion to the motion to recommit. Well, Fallin McKeon Westmoreland the bill as we have it on the floor, not I do know where it came from, and as Feeney McMorris Whitfield (KY) for the recommittal. I said, I respect the gentleman from Ferguson Rodgers Wilson (NM) Flake Mica Wilson (SC) What I’m asking is, is if we meant ETERSON Pennsylvania (Mr. P ) for work- Forbes Miller (FL) Wittman (VA) this for real about trying to pass some- ing with Mr. ABERCROMBIE, and he has Fortenberry Miller, Gary Wolf thing in the national interest, then stated his reasons for opposing this Fossella Mitchell Young (AK) that’s what we should do is pass the language as well. Foster Moran (KS) Young (FL) bill that we have. So I would urge my colleagues to op- NOES—226 Now if the recommittal comes up and pose this motion to recommit. Abercrombie Allen Arcuri it doesn’t succeed, what I’m hoping is I yield back the balance of my time. Ackerman Andrews Baca

VerDate Aug 31 2005 06:27 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00125 Fmt 4634 Sfmt 0634 E:\CR\FM\K16SE7.169 H16SEPT1 jbell on PROD1PC69 with HOUSE H8256 CONGRESSIONAL RECORD — HOUSE September 16, 2008 Baird Hall (NY) Pastor Ms. SLAUGHTER. Mr. Speaker, on rollcall Snyder Tierney Waters Baldwin Hare Payne No. 598, had I been present, I would have Solis Towns Watson Bean Harman Pelosi Space Tsongas Watt Becerra Hastings (FL) Perlmutter voted ‘‘aye.’’ Speier Udall (CO) Waxman Berkley Heller Peterson (MN) Stated against: Spratt Udall (NM) Weiner Berman Hill Pomeroy Mr. McNERNEY. Mr. Speaker, on rollcall Stark Van Hollen Welch (VT) Berry Hinchey Stupak Vela´ zquez Porter No. 598, had I been present, I would have Wexler Bilirakis Hinojosa Price (NC) Sutton Visclosky Wilson (OH) Bishop (GA) Hirono Tanner Walz (MN) Rahall voted ‘‘no.’’ Wu Bishop (NY) Hodes Tauscher Wasserman Rangel The SPEAKER pro tempore. The Yarmuth Blumenauer Holt Reichert Thompson (MS) Schultz Boren Honda question is on the passage of the bill. Reyes NOES—189 Boswell Hooley Richardson The question was taken; and the Boucher Hoyer Rodriguez Speaker pro tempore announced that Aderholt Foxx Pallone Boyd (FL) Inslee Ros-Lehtinen the ayes appeared to have it. Akin Franks (AZ) Payne Boyda (KS) Israel Ross Alexander Frelinghuysen Pearce Brady (PA) Jackson (IL) RECORDED VOTE Rothman Bachmann Gallegly Pence Braley (IA) Jackson-Lee Roybal-Allard Mr. RAHALL. Mr. Speaker, I demand Bachus Garrett (NJ) Peterson (PA) Brown, Corrine (TX) Ruppersberger Barrett (SC) Gerlach Petri Buchanan Jefferson a recorded vote. Rush Barrow Gingrey Pickering Butterfield Johnson (GA) A recorded vote was ordered. Bartlett (MD) Gohmert Platts Ryan (OH) Capps Johnson, E. B. Barton (TX) Goode Poe Salazar The SPEAKER pro tempore. This Capuano Kagen Biggert Goodlatte Price (GA) Sa´ nchez, Linda will be a 5-minute vote. Cardoza Kanjorski Bilbray Granger Pryce (OH) T. Carnahan Kaptur The vote was taken by electronic de- Bilirakis Graves Putnam Sanchez, Loretta Carney Kennedy vice, and there were—ayes 236, noes 189, Bishop (UT) Hall (TX) Radanovich Sarbanes Carson Kildee not voting 9, as follows: Blackburn Hastings (WA) Regula Castor Kilpatrick Schakowsky Blunt Heller Rehberg Chandler Kind Schiff [Roll No. 599] Boehner Hensarling Renzi Clarke Klein (FL) Schwartz AYES—236 Bonner Herger Reynolds Clay Kucinich Scott (GA) Bono Mack Hobson Rogers (AL) Abercrombie Eshoo McCarthy (NY) Cleaver Langevin Scott (VA) Boozman Hoekstra Rogers (KY) Ackerman Etheridge McCollum (MN) Clyburn Larsen (WA) Serrano Boustany Holt Rogers (MI) Allen Fattah McDermott Cohen Larson (CT) Sestak Broun (GA) Hulshof Rohrabacher Altmire Foster McGovern Cooper Lee Shea-Porter Brown (SC) Hunter Ros-Lehtinen Andrews Frank (MA) McIntyre Costa Levin Sherman Brown-Waite, Issa Roskam Arcuri Giffords McNerney Costello Lewis (GA) Shuler Ginny Johnson (IL) Rothman Baca Gilchrest McNulty Courtney Lipinski Sires Burgess Johnson, Sam Royce Baird Gillibrand Meek (FL) Cramer LoBiondo Skelton Burton (IN) Jordan Ryan (WI) Baldwin Gonzalez Meeks (NY) Crowley Loebsack Smith (NJ) Buyer Keller Sali Bean Gordon Melancon Cuellar Lofgren, Zoe Smith (WA) Calvert King (IA) Saxton Becerra Green, Al Michaud Cummings Lowey Snyder Camp (MI) King (NY) Scalise Berkley Green, Gene Miller (NC) Davis (AL) Lynch Solis Campbell (CA) Kingston Schmidt Berman Grijalva Miller, George Davis (CA) Mahoney (FL) Space Cannon Kline (MN) Sensenbrenner Berry Gutierrez Mitchell Davis (IL) Maloney (NY) Speier Cantor Kuhl (NY) Sessions Bishop (GA) Hall (NY) Mollohan Davis, Lincoln Markey Spratt Capito Lamborn Shadegg Bishop (NY) Hare Moore (KS) DeFazio Matheson Stark Capps Latham Shimkus Blumenauer Harman Moore (WI) DeGette Matsui Carter LaTourette Shuster Stupak Boren Hastings (FL) Moran (VA) Delahunt McCarthy (NY) Cazayoux Latta Simpson Sutton Boswell Hayes Murphy (CT) DeLauro McCollum (MN) Chabot Lewis (CA) Smith (NE) Tanner Boucher Herseth Sandlin Murphy, Patrick Dicks McDermott Coble Lewis (KY) Smith (TX) Tauscher Boyd (FL) Higgins Murtha Dingell McGovern Cole (OK) Linder Souder Thompson (CA) Boyda (KS) Hill Nadler Doggett McNulty Conaway Lucas Stearns Thompson (MS) Brady (PA) Hinchey Napolitano Doyle Meek (FL) Crenshaw Lungren, Daniel Sullivan Tierney Braley (IA) Hinojosa Neal (MA) Edwards (MD) Meeks (NY) Culberson E. Tancredo Towns Brown, Corrine Hirono Oberstar Edwards (TX) Melancon Davis (KY) Mack Taylor Tsongas Buchanan Hodes Obey Ellison Michaud Davis, David Manzullo Terry Udall (CO) Butterfield Holden Olver Ellsworth Miller (NC) Davis, Tom Marchant Thompson (CA) Udall (NM) Capuano Honda Ortiz Emanuel Miller, George Deal (GA) Marshall Thornberry Van Hollen Cardoza Hooley Pascrell Engel Mollohan Dent McCarthy (CA) Tiahrt Vela´ zquez Carnahan Hoyer Pastor Eshoo Moore (KS) Diaz-Balart, L. McCaul (TX) Tiberi Visclosky Carney Inglis (SC) Pelosi Etheridge Moore (WI) Diaz-Balart, M. McCotter Turner Wasserman Carson Inslee Perlmutter Farr Moran (VA) Doolittle McCrery Upton Schultz Castle Israel Peterson (MN) Fattah Murphy (CT) Drake McHenry Walden (OR) Waters Castor Jackson (IL) Pomeroy Filner Murphy, Patrick Duncan McHugh Walsh (NY) Chandler Jackson-Lee Porter Frank (MA) Murtha Watson Emerson McKeon Wamp Childers (TX) Price (NC) Frelinghuysen Nadler Watt English (PA) McMorris Weldon (FL) Clarke Jefferson Rahall Giffords Napolitano Waxman Everett Rodgers Weller Clay Johnson (GA) Ramstad Gilchrest Neal (MA) Weiner Fallin Mica Westmoreland Cleaver Johnson, E. B. Rangel Gillibrand Oberstar Welch (VT) Farr Miller (FL) Whitfield (KY) Clyburn Jones (NC) Reichert Gonzalez Obey Wexler Feeney Miller (MI) Wilson (NM) Cohen Kagen Reyes Gordon Olver Wilson (OH) Ferguson Miller, Gary Wilson (SC) Conyers Kanjorski Richardson Green, Gene Ortiz Woolsey Filner Moran (KS) Wittman (VA) Cooper Kaptur Rodriguez Grijalva Pallone Wu Flake Murphy, Tim Wolf Costa Kennedy Ross Gutierrez Pascrell Yarmuth Forbes Musgrave Woolsey Costello Kildee Roybal-Allard Fortenberry Myrick Young (AK) Courtney Kilpatrick Ruppersberger NOT VOTING—17 Fossella Nunes Young (FL) Cramer Kind Rush Brady (TX) Higgins Paul Crowley Kirk Ryan (OH) Conyers Lampson Pitts NOT VOTING—9 Cuellar Klein (FL) Salazar Cubin McCaul (TX) Brady (TX) Ehlers Paul Pryce (OH) Cummings Knollenberg Sa´ nchez, Linda Dreier McNerney Cubin Lampson Pitts Slaughter Davis (AL) Kucinich T. Ehlers Miller (MI) Dreier Neugebauer Walberg Walberg Davis (CA) LaHood Sanchez, Loretta Green, Al Neugebauer Davis (IL) Langevin Sarbanes Davis, Lincoln Larsen (WA) Schakowsky b 2204 b 2156 DeFazio Larson (CT) Schiff So the bill was passed. DeGette Lee Schwartz Messrs. MOLLOHAN and ROTHMAN Delahunt Levin Scott (GA) The result of the vote was announced changed their vote from ‘‘aye’’ to ‘‘no.’’ DeLauro Lewis (GA) Scott (VA) as above recorded. Dicks Lipinski Serrano A motion to reconsider was laid on Messrs. NUNES, SIMPSON and Dingell LoBiondo Sestak TURNER changed their vote from ‘‘no’’ Doggett Loebsack Shays the table. to ‘‘aye.’’ Donnelly Lofgren, Zoe Shea-Porter Doyle Lowey Sherman f So the motion to recommit was re- Edwards (MD) Lynch Shuler jected. Edwards (TX) Mahoney (FL) Sires LEGISLATIVE PROGRAM The result of the vote was announced Ellison Maloney (NY) Skelton (Mr. HOYER asked and was given Ellsworth Markey Slaughter as above recorded. Emanuel Matheson Smith (NJ) permission to address the House for 1 Stated for: Engel Matsui Smith (WA) minute.)

VerDate Aug 31 2005 06:27 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00126 Fmt 4634 Sfmt 0634 E:\CR\FM\A16SE7.088 H16SEPT1 jbell on PROD1PC69 with HOUSE September 16, 2008 CONGRESSIONAL RECORD — HOUSE H8257 Mr. HOYER. Ladies and gentlemen of The gentleman from Illinois (Mr. In light of the city’s efforts today, the House, after consultation with the DAVIS) and the gentleman from Indiana today’s bill, H.R. 6842, represents both minority, we have agreed that we will (Mr. SOUDER) each will control 30 min- the least and the most we should be take the debate on the District of Co- utes. doing at this moment and at this level. lumbia bill tonight. We will conclude The Chair recognizes the gentleman The bill upon enactment gives the Dis- debate, but we will roll votes until to- from Illinois. trict 6 months to finalize its laws gov- morrow so that we will not have to Mr. DAVIS of Illinois. Mr. Chairman, erning the possession and use of fire- keep Members here. I’ve discussed this today I rise in strong support of H.R. arms as necessary to comply with the with, as I say, the minority. I’ve also 6842, the National Capital Security and decision of the Supreme Court in Dis- discussed it with the Members of our Safety Act. trict of Columbia v. Heller. side. Those who will want to partici- The bill before us this evening has As the city continues to perform its pate in the debate, obviously, will re- been crafted with great care and with work to produce a permanent gun law main, but there has been agreement utmost concern for the safety and well- reform package, I am sure that at some that there will be no further votes to- being of our Nation’s capital—its resi- point in the future Congress, under its night. dents, businesses, visitors, and the Fed- legislative review authority, will have f eral Government. the chance to revisit this issue under I would like to recognize and thank regular and proper protocol. But until THE JOURNAL the gentlewoman from the District of then, let us continue promoting the The SPEAKER pro tempore. Pursu- Columbia (Ms. NORTON) as well as Com- importance of self-government and ant to clause 8 of rule XX, the unfin- mittee Chairman HENRY WAXMAN for home rule for the District of Columbia ished business is the question on agree- their leadership in bringing today’s bill and the importance of safety and secu- ing to the Speaker’s approval of the to the floor and for not turning a blind rity in our Nation’s capital by sup- Journal, which the Chair will put de eye to the concept of home rule and porting H.R. 6842. novo. self-governance by attempting to re- Mr. Chairman, I reserve the balance The question is on the Speaker’s ap- write the District’s new gun laws since of my time. proval of the Journal. the Supreme Court’s decision in the Mr. SOUDER. Mr. Chairman, I yield Pursuant to clause 1, rule I, the Jour- Heller case. myself such time as I may consume. nal stands approved. The measure has been considered and Mr. Chairman, there are a number of debated thoroughly by the oversight things that are less than normal proce- f committee and was approved by a vote dure tonight, and I want to briefly ex- GENERAL LEAVE of 21–1, which demonstrates the bill’s plain what has gone on here. bipartisan support. We have an underlying bill that went Mr. DAVIS of Illinois. Mr. Speaker, I As chairman of the subcommittee through the Government Reform and ask unanimous consent that all Mem- with oversight authority over the Dis- Oversight Committee that is being of- bers may have 5 legislative days in trict of Columbia, I am well aware of fered first. The gentleman from Illinois which to revise and extend their re- the long history behind the District’s is correct that that went through marks on H.R. 6842. gun regulatory efforts as well as the unanimously, partly after a conten- The SPEAKER pro tempore. Is there city’s continual efforts to protect its tious hearing and debate. Chairman objection to the request of the gen- citizens against violence and crime. As WAXMAN and Ranking Member DAVIS tleman from Illinois? chairman, I’m also well aware of the ef- asked if we could just move it without There was no objection. fect that the presence of the Federal a lot of amendments, move it without f Government places on the security contention, because we knew we were coming to the House floor for the NATIONAL CAPITAL SECURITY concerns of the District. major debate tonight. AND SAFETY ACT H.R. 6842 seeks to highlight this issue by urging the District’s city council to In this major debate, there will be an The SPEAKER pro tempore. Pursu- take into consideration such issues as amendment offered by Mr. CHILDERS of ant to House Resolution 1434 and rule homeland security, military Mississippi that has been worked out in XVIII, the Chair declares the House in functionality, threats of terrorism, and cooperation, proving that in fact when the Committee of the Whole House on foreign dignitary protection as they we try, we can work together, and that the state of the Union for the consider- continue to amend their laws to be in Congressman ROSS and I had a bill to ation of the bill, H.R. 6842. compliance with the Supreme Court’s overturn the D.C. gun ban. The Su- preme Court took care of the need for b 2209 Heller decision. The measure being considered today that. The District of Columbia came IN THE COMMITTEE OF THE WHOLE serves as a commonsense and practical back and attempted to reinstitute the Accordingly, the House resolved approach to ensuring the requisite pro- ban. It became apparent from the dis- itself into the Committee of the Whole tection of our Nation’s capital, while charge petition that the will of this House on the State of the Union for the at the same time supporting the Dis- House, the overwhelming majority that consideration of the bill (H.R. 6842) to trict in its efforts to reform its own signed the brief to the Supreme Court, require the District of Columbia to re- gun laws versus rewriting the laws for the overwhelming majority of the Sen- vise its laws regarding the use and pos- them. ate signed a brief to the Supreme session of firearms as necessary to Court, and it became apparent that comply with the requirements of the b 2215 this House wanted a vote. decision of the Supreme Court in the That is the job that the District’s The Democrat leadership, to their case of District of Columbia v. Heller, elected officials are tasked with, not credit, worked out with the NRA and in a manner that protects the security Congress, and I am happy to see that the minority a bill that was acceptable interests of the Federal government this legislation recognizes that, espe- to Mr. ROSS and myself and those who and the people who work in, reside in, cially since according to information had been attempting to overturn this. or visit the District of Columbia and from the District City Council, efforts This will be offered in the nature of a does not undermine the efforts of law are already underway to address sev- substitute tonight. The underlying bill enforcement, homeland security, and eral outstanding second amendment is not what is in contention here. The military officials to protect the Na- issues from the Supreme Court’s Heller underlying bill is a stalking horse for tion’s capital from crime and ter- decision and expressed by Members of the existing law and the debate we will rorism, with Mr. WILSON of Ohio in the Congress in other pieces of legislation. have here is about the existing law. chair. The Council is revisiting the definition The fact is that the reason the Su- The Clerk read the title of the bill. of ‘‘machine guns’’ and preme Court overturned the existing The CHAIRMAN. Pursuant to the ‘‘semiautomatics’’ and making current law is that under existing law if you rule, the bill is considered read the gun storage requirements advisory wanted to protect yourself in your first time. versus mandatory. home, you had to have a gun in a

VerDate Aug 31 2005 06:27 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00127 Fmt 4634 Sfmt 0634 E:\CR\FM\K16SE7.178 H16SEPT1 jbell on PROD1PC69 with HOUSE H8258 CONGRESSIONAL RECORD — HOUSE September 16, 2008 locked cabinet, disassembled, with the We thought the Supreme Court made it rights of the citizens of the District of bullets in another location. If some- clear, but it was clear D.C. intended to Columbia. And when we refer to the body broke into your house and started defy it. citizens of the District of Columbia, let firing, you had to go find the key, as- Now they are trying to come forward us, my friends, be more expansive: Citi- semble the gun, find the bullets, put and say just last night, I believe, that zens of America who happen to live in the bullets into the gun and hope your they were going to change the law the District of Columbia, and, but for family wasn’t dead or you were dead. again and that congressional action Maryland’s generosity, would live in The Supreme Court argued that was unnecessary. On what basis would Maryland. They are citizens of America American citizens have a preexisting we at this point trust the second who happen to live in the District of right to defend themselves, and no city amendment to the D.C. City Council? Columbia. But should they be or State has the right to take that The Supreme Court said it is a pre- disenfranchised because they happen to away. The critical part of that decision existing right to defend yourself, and live in this square that we call the Dis- was that a militia is in fact not a mili- that is what the debate is going to be trict of Columbia? tary, but the militia are the citizenry about tonight. He went on to say, and ‘‘a municipal itself and have a right to home defense I reserve the balance of my time. legislature for local purposes derived and to self-defense. It supersedes any Mr. DAVIS of Illinois. Mr. Chairman, from their own suffrages, will of course right of a city to abrogate that right. I am pleased to yield 1 minute to the be allowed them.’’ That is the options It supersedes the State’s right to abro- majority leader, the gentleman from to make their policy. gate that right. It is a right to self-de- Maryland (Mr. HOYER). Now, listen to the confidence with Mr. HOYER. I thank the gentleman fense in the United States. which Madison wrote. His words sug- Now, there will be much debate to- and thank him for his leadership, and I gested that ‘‘no doubt,’’ ‘‘no doubt,’’ night about the process. But let me rise in strong support of the bill and Madison said, that surely the Congress strong opposition to the amendment make a couple of facts extremely clear. of the United States and the Founding that will be offered. Marion Barry once said that the crime Fathers who had expressed the rights Ladies and gentlemen, put this bill in rate in the District of Columbia isn’t context. I am not sure whether there of our citizens would respect those too bad, except for the murders. That were 435 of us, I don’t know the total rights, wherever those citizens might is not quite right, because they are ac- vote, but let’s say 430. 430 of us this reside. And that ‘‘of course’’ they will tually up in all violent crime, 67 per- night, this night, voted either to give be citizens, not subjects, unlike appar- cent, even though the city has declined the States the option to opt out of one ently those in Indianapolis or in other in population. of the most important issues con- cities. Washington, D.C. has been the mur- fronting us, and that is using American I think his confidence would be shak- der capital of the United States 15 of resources for our energy needs, or the en if he could hear this debate, if he the last 19 years. It has been in the top other half voted to let the States opt could see what a congressionally im- three the others. The two cities that in. So hear me. Everybody on this posed gun policy would do to the Dis- have occasionally toppled it from its House floor voted to allow the States trict’s right to govern itself. top rank are Baltimore and Detroit. either to opt in or to opt out. Pick We can argue back and forth the gun Both those cities have restrictive laws, your bill. But the premise was the policy. What we cannot argue back and in Detroit and in Baltimore as well, same, that States had the authority to forth is that the District of Columbia hardly making a case that guns do any- act themselves. citizens have the right and should have thing to protect people. The amendment to be offered rejects that right to govern themselves. That In fact, John Stossel on ‘‘20–20’’ in that and imposes, not on Detroit that is the principle that is at stake here. some interviews had some interesting the gentleman mentioned, there is no I will leave the argument over gun points. He talked to a maximum secu- legislation on the floor about Detroit, rights and gun control to other Mem- rity felon, and the unidentified male Michigan. There is no legislation on bers. We have a gun law in Maryland. prisoner said, ‘‘When you go to rob this floor about Indianapolis, Indiana. I It works well. I don’t get any com- somebody you don’t know,’’ speaking don’t know what their gun law is. And, plaints about it. If I did, I would have as if they are armed, ‘‘if you don’t very frankly, there is none about Hart- to address it. I wouldn’t expect you to know, it makes it harder to rob them.’’ ford, Connecticut, or Baltimore, Mary- address it, unless you wanted to pass a He also talked to another prisoner land. But the District of Columbia Federal statute. This is not a Federal who said, when they said don’t gun comes here, unfortunately defenseless, statute. This is a statute for one area. laws work, wouldn’t that affect your from the perspective of some on this Whatever conclusion this House ability to get guns? And he said, ‘‘I am floor. Their defense is us. comes to, we are really confronted with not worried about the government say- But let me speak to this. 220 years a much more fundamental question, as ing I can’t carry a gun. I am going to before this Capitol had been imagined I said: Do we impose that decision on carry a gun anyway.’’ This isn’t about, and when this city was a swamp, our those who have had no say in it, or do to use the classic expression, whether Founders were asking a question we we pass the Norton bill as introduced, criminals are going to have guns. This still hear echoed in the District to this which I am in favor of, and require the is about whether citizens have the day: How could they establish a Fed- people of the District of Columbia to right to protect themselves. eral city, cut it out from its home comply with the Supreme Court’s deci- The D.C. City Council after the Su- State and put it under the rule of Con- sion through local legislation, as all of preme Court decision came back with a gress without violating the principles us have to do? No more, no less. law that basically put variations of the they had just fought a war to secure? The people of Maryland need to com- restrictions again that in effect be- That was their question. Government ply with the Constitution, as do the came a replacement for the previous comes from the consent of the gov- people of the District of Columbia. But law. In this replacement they said you erned. That is a principle we hold dear, you don’t interpose your judgment. In had to be under imminent danger. asterisk, except for the 600,000 people fact, somebody repairs to the courts The general interpretation of that who happen to live in Washington, D.C. and the courts decide. The courts de- meant somebody had to have pulled a In the 43rd Federalist Paper pub- cided in this case, and the District of gun on you and was possibly firing be- lished in 1788, James Madison answered Columbia is moving to comply with the fore you could once again get your gun the question that was posed, that our Court’s decision. assembled, find the bullet and all that authority over the District would be le- You may disagree with their compli- type of procedure. But imminent dan- gitimate only if some basic guarantees ance, and indeed somebody may take it ger could possibly have been when they were in place. The Government, and I to court and the court will say, no, Dis- broke into your house, possibly when quote, ‘‘will no doubt provide for the trict of Columbia, you didn’t do it somebody is coming up a sidewalk with rights and the consent of the citizens right. That happens to us all. But we a gun. Quite frankly, it could possibly inhabiting it.’’ should not interpose our own judg- be in certain neighborhoods that it was In other words, James Madison ment. Madison believed that would not so egregious that we felt we had to act. thought we would surely secure the be consistent with our principles.

VerDate Aug 31 2005 06:27 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00128 Fmt 4634 Sfmt 0634 E:\CR\FM\K16SE7.180 H16SEPT1 jbell on PROD1PC69 with HOUSE September 16, 2008 CONGRESSIONAL RECORD — HOUSE H8259 If Congress imposes a gun policy on by James Madison, which he said, the made the decision that it did, because the people of D.C., are we meeting any founders, which I am saying, the found- people have a right to protect them- of those conditions? Are we providing ers, took for granted. selves. for their rights and consent? No. They I urge my colleagues to support this You know, I live across the river in do not have the right to consent to base bill. Whatever position you have Virginia. The crime rate over there in anything that goes on here. on guns, this is an issue of federalism Alexandria is much, much lower than Do they have a ‘‘voice in the election and principle and local option, local it is here, and it’s because the people of the government which is to exercise government. have the right to defend themselves authority over them’’? Well, yes, in a You voted that way for the States on and their property in their own homes. way they do. They elect Ms. NORTON. energy. Vote that way for the citizens If they want to, they can get a gun per- We don’t give her a vote. That is of the District of Columbia. mit to carry a gun to protect them- wrong. They elect their council. They Mr. SOUDER. Mr. Chairman, I yield selves. elect their mayor. But, oh, by the way, myself 30 seconds. That’s the way it ought to be in if we don’t like your policies, we will Our attempt to reverse the D.C. gun Washington, D.C., and it isn’t. As a re- overturn them. Not because a court has ban was upheld by the Supreme Court, sult, we have had Members of Congress found them to be unconstitutional, but because, in fact, Detroit hasn’t, Indian- mugged, the former minority leader of because we interpose our judgment. apolis hasn’t, no city in the United the House was mugged, beaten half to Madison would have thought that was States attempted to ban handguns, death. Two of my staff people have wrong. which 85 percent of American people been mugged and beaten, one of them Where is their equal vote in this Con- defend themselves through handguns. twice, and he took their money. They gress? Are they allowed a ‘‘municipal The second amendment is not any had no way to defend themselves, none, legislature for local purposes’’? Well, more than when the Supreme Court even in their homes. yes, sort of, but subject to our inter- ruled on integration that States could Now, we are not asking you to give posing our own judgment for theirs. We stand in defiance of a court ruling. gun permits to everybody that’s walk- are not elected to be local city council States, cities, nobody has a right to ing around the streets, but they ought persons. Well, the City Council still stand in defiance of a court ruling. to at least have the right to have a gun meets. But on this supremely local and Mr. Chairman, I yield 3 minutes to in their home to protect themselves if sensitive issue, we are preparing to si- my colleague and friend from Indiana somebody breaks in. lence it. (Mr. BURTON). I want to end up by saying this, I Mr. BURTON of Indiana. I thank the think this is a beautiful capital, I b 2230 gentleman for yielding. enjoy being in Congress, but there is no The principle of federalism, which so Mr. Chairman, for many years, Wash- way in hell I would live in this city. I many of my colleagues profess, say ington, D.C. has had the distinction of live across the river where it’s safe. that local problems are best tackled lo- being the murder capital of America. Mr. DAVIS of Illinois. Mr. Chairman, cally. That is why I suggest 435 of us, It’s very high as far as crime is con- I am pleased to yield 4 minutes to the there weren’t 435 that voted, but unani- cerned, right up at the top. primary author of the Norton bill, Del- mously voted, either to allow indi- I want to tell you a couple of stories, egate ELEANOR HOLMES NORTON from vidual States to opt out of an impor- and I hope my colleagues on the other Washington, D.C. tant policy, or to opt in to an impor- side of the aisle listen to this. I had a Ms. NORTON. I thank the gentleman tant policy. But we gave those States gal that worked for me, a young lady for yielding and for his principled work that right. Both sides gave it to them. that worked for me as my secretary, on the bill. Every one of us voted for that option, years ago. She lived about four blocks Tonight, just 7 years after the attack and we turn around and say, oh, but we from the Capitol, and one night she had on the national capital region, not 7 are not going to give that option to the her window opened this much on the days after our own tearful commemo- District of Columbia. second floor. A guy shimmied up the ration of that attack, the NRA has put The closer you get to the problem, drain pipe, came in with a 4-inch knife a gun at the back of Members of this the more direct knowledge and direct and stabbed her four times. The only House and forced a debate, a late-night accountability you find. While we in way she could protect herself was to debate, on a bill that throws off of the Congress may be close physically, we hit him in the head with a pan. She roof of the Capitol all concern for are still a world away from the gun vi- couldn’t have mace, she couldn’t have homeland security that we have spent olence the D.C. Council is struggling to a gun, and so she was at his mercy. the last 7 years paying lip service to. confront, all the while upholding the When I first got elected, I took a cab Now, the NRA may know how to Court’s decision. to the Capitol. On the way in, I said to write a bill to repeal gun safety laws, They know they have to do that. the cab driver, I said, tell me about we have stopped that four times, but They know the Court will oversee it. Washington, D.C. He said, ‘‘Oh, it’s a they certainly don’t know how to write Let the law operate as it was intended beautiful place, but there is an awful a gun bill. They forgot the indelible to do, and if they do not comply with lot of crime.’’ I said, ‘‘Back in Indiana link when it comes to gun safety be- the Supreme Court decision, the Court I used to carry a lot of money in my tween the District of Columbia and the will say so. business, and I had a gun permit. Federal sector, which are joined at the I ask my colleagues candidly, who is Maybe I should get one here.’’ He said, hip. They are twins. You can’t get up better equipped to make these difficult ‘‘Oh, you can’t get a gun permit here in without getting yourself, and so this decisions, Congress or the people of Washington, D.C. Nobody has guns here time you step right in it. this community? The people of our except the police and the crooks.’’ He Fortunately D.C. knows both sides communities believe that they are best reached under the front seat of his cab because it has been in the business of qualified to make their local decisions. and pulled a .38 out and says, ‘‘But if protecting both for 208 years. Under I don’t know how you can call your- you want one of these, I can get it for the Home Rule Act, if it fails to pro- self a Federalist and answer Congress. you in 15 minutes.’’ tect the Federal sector, justifiably, its A conservative columnist put it well a Now a person who wants to defend laws can be overturned. We have made few years ago. ‘‘You can’t favor fed- themselves and their family in this in order, and I am grateful, boy am I eralism for only ideas you like.’’ city, and they want to do it legally, grateful to the Chair of the full com- Federalism is about allowing local they are at the mercy of the people mittee, Mr. WAXMAN, for putting his and State governments to make deci- who can get these guns in 15 minutes. energy, the energy of his staff and his sions you don’t like. So the ultimate The record shows that this has been a principled commitment to States’ issue here is not guns, it is a question murder leader and a crime leader rights and to the sovereignty of all of who here is prepared to be consistent across this country, because criminals Americans, to the bill which is the in their principles, and of who here is know if they break into your house, Waxman-Norton bill. prepared to respect the District’s right you don’t have any way to defend your- It requires the District to respond of self-government, as was referred to selves. That’s why the Supreme Court adequately within 180 days. That’s the

VerDate Aug 31 2005 06:27 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00129 Fmt 4634 Sfmt 0634 E:\CR\FM\K16SE7.181 H16SEPT1 jbell on PROD1PC69 with HOUSE H8260 CONGRESSIONAL RECORD — HOUSE September 16, 2008 limits of what you are entitled to do. If owned by juveniles and by people just That’s the basic fundamental con- they don’t do it, then you are entitled released from mental institutions. stitutional right we want to protect to step in. That’s what you get if you don’t vote with the Childers amendment. That’s The fact is the District of Columbia for Waxman-Norton, if you do, in fact, why I oppose the underlying bill and has been working on a bill ever since a vote for the substitute, the reckless support the amendment. Supreme Court decision on June 26. substitute that no Member should want b 2245 They started the very next day. It’s the to have anything to do with or have his Supreme Court, the final arbiter of all name attached to in any way. Mr. DAVIS of Illinois. Mr. Chairman, of this, that has required the District Mr. SOUDER. Just for the record, the it is my pleasure to yield 3 minutes to to rewrite the law. A narrow bill, 5–4, substitute is Mr. CHILDERS’, a Demo- the chairman of Oversight and Govern- say you tailor it, each and every one of crat’s bill, not my bill. ment Reform, Mr. HENRY WAXMAN. you, to your convictions. That’s what I yield 2 minutes to Mr. JORDAN of Mr. WAXMAN. Mr. Chairman, the has been done, has been done. So all of Ohio. bill that is before us is a very simple this talk about what it used to be be- Mr. JORDAN of Ohio. I thank the bill. It directs the District of Columbia fore the Supreme Court, is used to be. gentleman for yielding. to comply with the recent Supreme Mr. Chairman, I rise in opposition to Now, what this District has done and Court decision in the Heller case which H.R. 6842, and in support of the signed, I am sure Members haven’t held that the second amendment gives Childers amendment, I support the even taken any note of. But it wasn’t individuals the right to have a handgun amendment for three reasons, first it’s much influenced by the NRA threat, at home for personal protection. The just basic respect for the second the way Members who support this sub- Heller decision is now the law of the amendment. The founders got it right stitute were. land, and the District of Columbia, just when they put the second amendment Sure, it permits some of the things like every other State or local govern- right after the first. ment in this country, has a legal obli- that were always intended, some of the Our founders understood how impor- things in the substitute, because it gation to follow it. tant this principle was in ensuring our Our committee, the Oversight and does allow—I read the Supreme Court basic freedoms in a constitutional re- decision—it allows unlocked semiauto- Government Reform Committee, has public. jurisdiction over the District of Colum- matic guns in the home, as the Su- I want to support the Childers bia and so our committee reported this preme Court required. But most of amendment also for the fact that it re- measure last week to underline the what is reckless in this substitute you spects the Supreme Court decision in District’s legal obligations. The bill won’t find in D.C.’s bill. the Heller case. This bill, in its current tells the city government in very clear, Of course, the bill came down from form, would allow for restrictions and unequivocal terms that it has to con- the Supreme Court as the Council was regulations to be imposed that run con- about to recess for summer, so they trary to the expressed opinion in that form its law to comply with the Heller had to pass a stop-gap bill just to allow court decision. decision. It even sets a deadline for the registration. They did that in good When given the chance to implement District to complete this effort in 180 faith, and what did they get for it? commonsense legislation that protects days. What they get for it is the Souder bill the second amendment rights and re- This measure, sponsored by Ms. NOR- all over again, which he, of course, put spected the Supreme Court, the D.C. TON and myself and others, was adopted in. City Council instead enacted an emer- by the committee of jurisdiction by a That’s the mirror image of this bill. gency bill, completely in defiance of vote of 21–1. An amendment could have He put the mirror image of this bill in the Court, that banned most semiauto- been offered like the amendment that in March of 2007 before the law was matic pistols, the firearm most often is being offered today. It was not of- overturned. Now they come back with used by families to defend themselves. fered in committee. The committee it after the law has been overturned They banned operable firearms in the recommended on a vote of 21–1 on a bi- and after D.C. has already, in fact, home, requiring an individual to as- partisan basis that we support this leg- passed the law signed by the mayor. semble and load and fire them only islation. They fastened on to the substitute after an attack is under way and insti- Now I know there is going to be an that keeps them looking like complete tuted costly and intrusive and con- amendment proposed to this bill, but idiots, so they fastened on to the sub- voluted registration process. that amendment would trample on the stitute knowing full well that it was a Finally, the last reason, I think, that principle of home rule for the District. stop-gap measure. The bill that is be- the Childers amendment makes so If the District of Columbia adopts leg- fore you, the substitute that you will much sense, is it’s just good common islation that complies with the Su- have to consider, is not the idea of any sense. As the individual from Indiana preme Court, it is no business of any Member, it was written by the NRA, pointed out, criminals aren’t stupid, Representative from other areas in this mandated by the NRA. Most Members they are just bad. country to override the decision of the would not, I will say, in your behalf, Bad guys aren’t dumb, they are just District of Columbia. have cosponsored this bill. bad, and here is the dynamic that is at D.C. residents are the only Ameri- The CHAIRMAN. The time of the work. If you have a bad guy, a bad guy cans who pay Federal taxes but are de- gentlewoman has expired. out there on the street trying to figure nied a vote in Congress. That is fun- Mr. DAVIS of Illinois. I yield another out which home he is going to rob some damentally wrong, and when Congress 30 seconds to the lady. night, and there are two adjacent prop- overrules the City Council and the Ms. NORTON. They would not have erties side by side. In one driveway is a mayor, we compound that wrong. The cosponsored this bill. They looked at pickup truck with a gun rack and a District I believe is acting responsibly, the NRA label and signed onto this bill. bumper sticker that says, ‘‘I love the and I think we ought to let them pur- Why? Because the NRA wanted to flex NRA’’ and ‘‘Palin for President.’’ sue their legislation to comply with its muscles. They held the House up for In the very next driveway, you have the Supreme Court decision. now. a Volkswagen with a Greenpeace bump- I ask my colleagues to imagine how What you see, though, is what you er sticker and, respectfully, ‘‘WAXMAN you would feel if the Congress of the get. It’s a bare bill, federalizes all D.C. for President’’ bumper sticker as well, United States tried to dictate the gun gun laws, won’t be able to change it no which place do you think he is going to laws or any other laws for your dis- matter what the need, no regulations, target for a crime? trict. I think you would be outraged. introduces military-style assault weap- That’s the dynamics that is at work Yet that is exactly what some Mem- ons into the Nation’s capital that chil- here. Criminals now have to stop and bers want to do today. dren and adults can possess, allows gun think, as previous speakers have point- Now we are going to have a sub- running across State lines into Mary- ed out, about this family may, in fact, stitute amendment that will be offered land and Virginia, just what Federal be now able to exercise their second to Congresswoman NORTON’s bill that gun laws have kept us from doing for amendment rights to protect them- does more than trample on home rule. decades, allows assault weapons to be selves, their family and their property. It is also an exceptionally dangerous

VerDate Aug 31 2005 06:27 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00130 Fmt 4634 Sfmt 0634 E:\CR\FM\K16SE7.183 H16SEPT1 jbell on PROD1PC69 with HOUSE September 16, 2008 CONGRESSIONAL RECORD — HOUSE H8261 proposal. It repeals key safeguards the vote in support of this bill as opposed the gentlelady from Minnesota (Ms. District has established to protect our to the substitute that is coming from MCCOLLUM). Nation’s capital and the many officials Mr. CHILDERS. Ms. MCCOLLUM of Minnesota. Mr. who live and work here. Even basic I yield 3 minutes to the gentleman Chairman, I rise in strong support of commonsense measures like gun reg- from Connecticut (Mr. SHAYS), a senior H.R. 6842, the National Capital Secu- istration which tells law enforcement member of the Oversight and Govern- rity and Safety Act. It is a common- who possesses a weapon and enables ment Reform Committee. sense bill. This bill puts the District of background checks would be repealed. Mr. SHAYS. I thank the gentleman Columbia on notice that it must com- I urge support of the underlying bill for yielding, and I don’t intend to take ply with the Supreme Court’s decision and rejection of the substitute. 3 minutes, but I do want to weigh in. and directs the men and women elected Mr. SOUDER. Mr. Chairman, I yield In 1993 or 1994, the assault weapon by the citizens of our Nation’s capital, myself 1 minute. ban passed the House by one vote, and along with the District’s law enforce- I want the record to show because I it resulted in the defeat of a number of ment officers, who put their lives on have great respect for the chairman of powerful Democrats and may have re- the line every day to do their jobs and the Government Reform Committee, sulted, in fact, in the Republican Party to determine how best to comply with but the fact is I had talked to the mi- gaining the majority. This is not an the Court. nority staff about my concerns with easy vote for Members to take, and I Capital Police Chief Morse and D.C. some of the language of this bill be- had some Members suggest I won’t be Metropolitan Police Chief Cathy La- cause I believe it has factual mistakes the next chairman or ranking member nier testified before our committee, in it that suggests that actually hand- of the Committee on Government Re- and I trust them when they express guns endanger people rather than pro- form if I step up and speak in favor of their grave concerns about more guns, tect people. something I believe in. Obviously that more powerful guns on D.C. streets. But I talked to the chairman and to is not a sensible thing to tell any Mem- But rather than listen to Chief Lanier the ranking member, and the hearing ber. and Chief Morse, there will be a sub- that we had had been agreed to by both The bottom line for me is this: I be- stitute amendment offered on behalf of sides and we went through the process. lieve that people have a constitutional the National Rifle Association with You specifically told me you will get right to bear arms and the government complete disregard for the American your vote on the floor and let’s not has a constitutional responsibility to families that live in Washington, D.C. have a fight in committee, so I didn’t regulate that right. That’s what I be- The substitute amendment would offer a series of amendments. I cer- lieve. I believe it has to conform to the allow for more guns designated solely tainly had the right, but I chose not to Constitution of the United States. to kill people on D.C. streets and surely result in more money in the pockets do it. I believe the Supreme Court has de- Mr. WAXMAN. Will the gentleman clared what the District of Columbia of gun profiteers and the possibility of yield? has outlined in banning handguns. more fund-raising dollars for pro-gun Mr. SOUDER. I yield. They declared it as unconstitutional candidates. To all the brave hunters on the floor Mr. WAXMAN. You certainly had a and they said come back with a law tonight fighting to protect the rights right, but you chose not to exercise that is constitutional. It seems very of hunters, there are no bucks, bears or that right. It was up to you. What we reasonable to me that we would give boars to shoot on the streets of D.C., discussed was that we have a clean the District of Columbia an oppor- but there are innocent children, women vote on the substitute and a clean vote tunity to comply with the ruling of the and men who will be shot as they are on the bill. Supreme Court without our bringing caught in the crossfire in a city loaded There might have been a misunder- our own particular views to this issue. with guns designed to kill. standing, but it was on your part. During that debate I was in good In our Nation’s capital with all of the Mr. SOUDER. Reclaiming my time, company. Leading the debate for the homeland security considerations, I did you not ask me if we could just Republicans on the assault weapon ban simply cannot understand why we deny have the vote and not have a bunch of was Henry Hyde, a revered Member of elected local officials from taking com- amendments? this House. So there are obviously dif- monsense measures to comply with the Mr. WAXMAN. No. If the gentleman ferences of agreements on what we court and at the same time ensure the would yield, I said to you if you would should do. But what we should do is safety of our residents, our dignitaries, offer your substitute, we will vote on speak our mind as we see it and obvi- and our guests. it, we will offer the underlying bill. ously live with the results of that as it Mr. Chairman, we talk a great deal The CHAIRMAN. The gentleman’s impacts individuals. about listening to military leaders on time has expired. People have a constitutional right to the ground in Iraq. Why aren’t we tak- Mr. SOUDER. Mr. Chairman, I yield bear arms. The government has a con- ing our own advice and listening to our myself an additional minute. stitutional responsibility to regulate law enforcement leaders on the streets Reclaiming my time, you said can that right. The District of Columbians of D.C.? you just offer your substitute, and we are Americans. They don’t have a full- As a supporter of the second amend- knew we were going to have that vote fledged Member of Congress, though I ment to the Constitution, I stand with on the floor. But what I said was I had would say Ms. NORTON is full-fledged law enforcement for safety, security a series of amendments, and in discus- with me but she does not have all of and sensible gun laws. I urge my col- sion with the majority and the minor- the powers she deserves. I hope some leagues to support H.R. 6842 and reject ity, I’m not objecting that I didn’t day she has those powers. the NRA’s amendment that would fa- have the right to do it; I certainly had I agree with the majority leader cilitate the senseless proliferation of the right to do it. What I am objecting when he said you can’t favor Fed- weapons of human destruction in our to is we had a process that both sides eralism for only the ideas you like. The Nation’s capital. had roughly agreed that we weren’t bottom line for me, in the spirit of Mr. SOUDER. Mr. Chairman, I yield going to challenge the underlying bill. Henry Hyde, I believe that the District myself 30 seconds. We keep hearing that the underlying of Columbia should have the right to I want to remind people again not to bill passed unanimously. It did not make this decision and abide by the forget during this debate that Wash- have unanimous support in the com- Constitution of the United States. ington, D.C. has been the murder cap- mittee. If we would have had a forced Mr. DAVIS of Illinois. Mr. Chairman, ital of the United States 15 of the last vote, we would have polarized on this, may I inquire as to how much time I 19 years, and the other four they were as we would have on the bill. have left. in the top three. Let’s don’t act like We have moved the bill forward, and The CHAIRMAN. The gentleman what we are doing is making it dan- that was my point. I believe we are from Illinois has 17 minutes remaining. gerous in this city. having that debate tonight, but it The gentleman from Indiana has 151⁄2. Mr. DAVIS of Illinois. Mr. Chairman, should not be taken by Members of Mr. DAVIS of Illinois. Mr. Chairman, I would just say you can certainly kill Congress that there was a unanimous it is my pleasure to yield 2 minutes to more people with automatic weapons.

VerDate Aug 31 2005 06:27 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00131 Fmt 4634 Sfmt 0634 E:\CR\FM\K16SE7.185 H16SEPT1 jbell on PROD1PC69 with HOUSE H8262 CONGRESSIONAL RECORD — HOUSE September 16, 2008 I am pleased to yield 2 minutes to the tion in all cases whatsoever over the There is no reason to believe that an gentleman from Maryland (Mr. VAN District.’’ That was done by our Found- action on the eve of legislation in Con- HOLLEN). ing Fathers. gress is in good faith by the DC Coun- Mr. VAN HOLLEN. I thank my col- Two hundred and fifty Congressmen cil. league. signed the amicus brief that said that Mr. VAN HOLLEN. Well, if the gen- Mr. Chairman, let’s start with some- they felt the DC gun ban should be tleman would yield. thing we can all agree on, that the overturned. Fifty-five Senators signed Mr. SOUDER. I yield to the gen- Government of the District of Colum- the amicus brief that said that the DC tleman. bia should pass a local law that con- gun ban should be overturned because Mr. VAN HOLLEN. It was an emer- forms to the recent Supreme Court de- it violated a basic constitutional right gency piece of legislation. It is now the cision. They have done that now. As of and, according to Heller, was a pre-ex- law of the District of Columbia. I don’t today, the Government of the District isting right to defend yourself, even know if the gentleman’s had a chance of Columbia has passed legislation that without the constitutional question. to review it. But if there’s agreement by people reviewing this DC gun law complies with the Supreme Court rul- This is not about being a City Coun- that it is consistent with the U.S. Su- ing. cil. I don’t believe, obviously, you preme Court decision that came down So what is the issue before us today? could do gun limitations. The Heller recently, then would the gentleman It is not whether they should comply case said there can be limitations. But agree that we do not need to move for- with the constitutional ruling, it is DC came back with, in effect, a total ward with the substitute piece of legis- ban all over again. The reason you who gets to decide what new constitu- lation? tional law they can put in place and have to have interstate commerce is, Mr. SOUDER. Reclaiming my time, whether or not this body should play guess what, they passed a new ban, but it’s Mr. CHILDERS, and obviously the D.C. City Council, or whether we there’s no gun stores with which to get Congressional process has started. I should pretend we are 435 mayors of one gun. The Childers amendment, as I have no faith, that the current is a the District of Columbia and substitute understand it, has a temporary ability gimmick, that it will stand. our judgment for the judgment of the to get guns elsewhere because there is The CHAIRMAN. The time of the elected leaders of our Nation’s capital. no way to defend yourself in the Dis- gentleman has expired. You know, people in this body often trict of Columbia because you can’t Mr. SOUDER. I yield myself an addi- talk about the importance of local de- buy a gun and bring it. And that’s why tional 30 seconds. And thus we are at cision-making, and we have to listen to that particular clause is in, regardless this point in the process. Obviously, if the people close to the ground. That is of the claims contrary, that this is not the DC government enacted legislation great to say, but the actions, at least about being a State government be- that Congress had faith in, that this in the substitute bill, suggest that we cause in fact—— bill would likely not go through the are not serious in that respect about The CHAIRMAN. The time of the Senate and be signed by the President. what we say because what this sub- gentleman has expired. But we are now moving a bill through stitute bill does is takes away from the Mr. SOUDER. I yield myself an addi- that had been agreed upon a number of people of the District of Columbia the tional minute. weeks ago, that I believe is necessary, democratic rights that all of our con- That this isn’t about whether or not that I don’t believe the DC Council stituents have in cities and States we’re usurping State government pow- acted in good faith. But we shall see. around this country. ers because the State, there isn’t a But the vote’s here. We’re voting on Mr. BURTON mentioned he lived in State. We are, in effect, the State gov- a Democratic amendment tonight Virginia when he is near the Nation’s ernment. Normal cities have a State that’s been agreed to, that the major- capital and how he feels safe there. Vir- with which to work a check, and it’s ity of this House, that the majority of ginia has a law that says you can only not a matter of city. the Senate agrees with, and I think, at purchase one gun a month. So does my When it comes to a constitutional this point the United States Congress State of Maryland, one gun a month. right, whether it’s freedom of speech, has lost faith in whether the—— What this substitute bill says is the freedom of religion or any basic right, The CHAIRMAN. The time of the gentleman has expired. people of the District of Columbia, no City Council has a right to take Mr. SOUDER. I yield myself an addi- they can’t pass the same law that the away. Mr. VAN HOLLEN. Would the gen- tional 15 seconds. people of Virginia and people of Mary- This Congress has lost faith in the land have. That is absolutely wrong. tleman yield? Mr. SOUDER. I would be happy to willingness of the District of Columbia I represent a district that is a neigh- to defend the second amendment which yield. bor to the Nation’s capital. This bill is a constitutional right guaranteed by eliminates for the purpose of the Dis- Mr. VAN HOLLEN. If you agreed that the District of Columbia had a gun law a Supreme Court decision. trict of Columbia the ban on interstate I reserve the balance of my time. trafficking of guns that applies to that was consistent with the recent Su- Mr. DAVIS of Illinois. Mr. Chairman, every other jurisdiction of this country preme Court ruling, would you then I am pleased to yield 2 minutes to the that not only puts at risk the people of agree to abide by the democratic deci- gentleman from Maryland, Representa- the District of Columbia but puts a sions of that elected government? tive ELIJAH CUMMINGS. burden and a risk on the people of all Mr. SOUDER. To answer the gentle- Mr. CUMMINGS. I want to thank the the surrounding jurisdictions. Why man’s question very directly, my as- gentleman for yielding, and I rise would we allow that provision which sumption was, after the Heller case, today to express strong support for applies throughout the country just to that my bill was dead and that we H.R. 6842. I was proud to join Mr. WAX- the District of Columbia? would not have to revisit it in Con- MAN and other members of our com- gress. I was outraged by the actions of b 2300 mittee on Tuesday when we passed this the District of Columbia, and that led bill out of the Oversight and Govern- Why are we substituting our judg- to the process of working with those ment Reform Committee. ment for the decisions of the people of who signed the brief, including Mr. Mr. Speaker, I find it odd that cer- the District of Columbia when they are CHILDERS, who’s doing the amendment, tain individuals in Congress feel the conforming to the Constitution of the Mr. ROSS, on your side who had been need to weigh in on this subject now United States, including the most re- there to act. I did not believe that the when it is still in the process of being cent ruling? District of Columbia was going to do resolved. Mr. Chairman, we should support this such an egregious bill that said you Specifically, H.R. 6691, legislation in- bill and oppose the substitute. had to be in imminent danger that put troduced by Representative CHILDERS, Mr. SOUDER. I yield myself 1 most of those controls in. entitled the Second Amendment En- minute. The CHAIRMAN. The time of the forcement Act, which will be offered as Article I, section 8, clause 17 of the gentleman has expired. an amendment in the nature of a sub- U.S. Constitution gives Congress the Mr. SOUDER. I yield myself an addi- stitute, goes far beyond the court’s in- power to ‘‘exercise exclusive legisla- tional 30 seconds. tent. This amendment flies in the face

VerDate Aug 31 2005 07:15 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00132 Fmt 4634 Sfmt 0634 E:\CR\FM\K16SE7.187 H16SEPT1 jbell on PROD1PC69 with HOUSE September 16, 2008 CONGRESSIONAL RECORD — HOUSE H8263 of the Heller decision by prohibiting believe that the Heller decision actu- We earlier had an exchange with my the District of Columbia from enacting ally allows us to move ahead to create distinguished colleague and friend from any future laws or regulations that dis- commonsense gun laws that do not Maryland about whether it was needed courage or eliminate the private own- hinder the right to gun ownership but for us to pass legislation. Let me read ership or use of firearms. rather keep guns out of the wrong from washingtonpost.com right after Aside from my concerns about hands and keep communities and indi- the Supreme Court decision. whether Congress ought to weigh in on viduals safe from gun violence. ‘‘Mayor Adrian Fenty and his feisty what is essentially a local issue, I seri- My colleague from the other side ba- Attorney General, Peter Nickles, stood ously question whether Representative sically said, D.C. doesn’t even have gun on the steps of the Wilson Building this CHILDERS or any other Member of this stores so the residents can’t buy guns. week ostensibly to announce how the body would appreciate Congress deter- That’s not true. There is a gun store in District will comply with the Supreme mining the gun laws in their congres- the D.C. area, and I’m sure within a Court’s rejection of Washington’s ban sional districts. year we’ll see many other gun stores on handguns. But really, they were de- The proposed legislation is simply there. livering very much the opposite mes- bad policy. We can all agree that dif- Heller paved the way for Congress to sage. With only the narrowest of excep- ferent communities, whether they are move forward on passing the kind of tions, we’re sticking with our gun ban. urban, rural or suburban, require dif- laws that will protect our communities Don’t like it? Sue us.’’ ferent types of regulation. The District and where we work and certainly in the Quote, ‘‘I am pretty confident that of Columbia in particular presents a D.C. area. the people of the District of Columbia unique case. The District of Columbia is fully want us to err in the direction of try- No one in the Congress can tell me committed to appropriate response to ing to restrict guns,’’ Fenty told me, that they do not understand the spe- Heller and reform its gun laws in a smiling broadly at the suggestion that cific homeland security issues that the manner that is consistent with the rul- what he’s really trying to do is make it National Capital region faces. We have ings in the decision. as hard as possible for Washingtonians allocated millions of Federal dollars to Make no mistake. This is not a bat- to keep a loaded gun at home.’’ secure this city because we recognize tle, again, about is there a right to own Nickles, the Acting Attorney General that we are all still sitting in one big a gun. The courts have put that out. said, ‘‘it’s clear the Supreme Court target. D.C. is applying to that. didn’t intend for you to have a loaded With the number of U.S. officials and The District enacted temporary leg- gun around the house.’’ foreign dignitaries who live, work and islation in response to Heller, the Fire- Quite frankly, that isn’t what the Su- travel here every day, it’s simply as- arms Emergency Amendment Act of preme Court said. The Supreme Court tounding that there are not more acts 2008 on July 16, 2008, which will only re- says you have a right to have a hand- of violence than we currently have. main in effect for 90 days as the Dis- gun in your house to protect yourself; This is a tribute to the fine work of the trict is currently drafting permanent that if this bill was, in fact, just what law enforcement officials who patrol laws that would fully comply with the D.C. City Council was doing, then these streets and I, for one, simply can- Heller. it won’t harm for us to pass this bill. not understand why we would fail to Why are we doing this? What is the The only danger is if the City Council give them all the tools they need to do rush? really doesn’t mean to protect the sec- their work effectively and efficiently. You know, we, unfortunately, have ond amendment. Let’s be clear. They support this leg- seen D.C. go under some terrible times. We have lost faith. Statements like islation. Allowing an individual to own But, again, I will say to you that again this were outrageous after the Supreme an unregistered AK–47 in our Nation’s changing our laws or having this Con- Court decision, and that a coalition in Capital is pure insanity. And so I sup- gress dictate to D.C. is not the right this House, something that’s rare, a port the legislation, and I would ask way to go. The Mayor and the City majority of Members working together our Members to vote against the sub- Council are tasked to make sure that on both sides of the aisle, working— stitute. this occurs. and NRA has been spit out of some peo- Mr. SOUDER. I continue to reserve Unfortunately, some Members of ple’s mouth like it’s some kind of evil my time. Congress want to circumvent the organization. The NRA represents gun Mr. DAVIS of Illinois. Mr. Chairman, democratic process underway in the owners and people who believe in fam- I am pleased to yield 3 minutes to a District of Columbia. ily protection all over America. I am strong proponent of sane, sensible gun The Heller decision clearly states not ashamed to be proud that I work legislation, Representative CAROLYN that local governments can enact their with the NRA. And there are Members MCCARTHY from New York. own appropriate restrictions on gun on the Democratic side, Mr. CHILDERS Mrs. MCCARTHY of New York. I ownership. Let me say that again. The is offering the substitute amendment thank the gentleman for the time. States and local governments can with the support of the Blue Dogs and Mr. Chairman, I rise in opposition to enact their own appropriate restric- we’ve worked together, 250 Members, 55 the Childers substitute amendment to tions on gun ownership. in the Senate. And it’s made to sound H.R. 6842, the National Capitol Secu- However, the substitute amendment, like it’s some kind of little minor rity and Safety Act, that would get in based largely on H.R. 6691, would dic- group that wants to take over the City the way of the democratic process cur- tate to the District of Columbia what Council of D.C. It’s a majority of Amer- rently underway to reform the District gun laws it must be. ica. It’s a majority of the House, the of Columbia’s gun laws and dictate to H.R. 6691 will repeal the District’s majority of the Senate, this adminis- the district what all gun laws must be. ban on most semi-automatic weapons, tration who say the second amendment When the Supreme Court came up, in preempting many of the District’s reg- should be protected. And just because one way I was very happy because I ulations on gun possession, including you live in a city that wants to take it think almost all of us have agreed in gun registrations. away doesn’t give that city the right to one way or the other, that people have Let me say this. We have a battle take it away. the right to own a gun. But now I’m with the NRA. The battle has always I reserve the balance of my time. disappointed to see that we’re actually been the right to own a gun. I’m not ar- Mr. DAVIS of Illinois. Mr. Chairman, overturning what the Supreme Court guing that. The Court has stated that. I am pleased to yield 2 minutes to the had said. They basically said the Court The District has the right to write gentlewoman from California, Rep- ruled that the second amendment right their own laws. resentative LYNN WOOLSEY. is not a right to keep and carry any Mr. SOUDER. May I inquire as to the Ms. WOOLSEY. Mr. Chairman, sen- weapon whatsoever in any manner time remaining on both sides? sible gun laws and reasonable restric- whatsoever and for whatever purpose. The CHAIRMAN. The gentleman tions are fully consistent with the sec- That’s a quote, unquote from their from Indiana has 113⁄4 minutes. The ond amendment. That’s what the Su- wording. gentleman from Illinois has 8 minutes. preme Court said when it ruled on the We have an obligation to keep our Mr. SOUDER. I yield myself 2 min- D.C. gun ban in June, and that’s what communities safe from gun violence. I utes. this bill, H.R. 6842 does.

VerDate Aug 31 2005 06:27 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00133 Fmt 4634 Sfmt 0634 E:\CR\FM\K16SE7.189 H16SEPT1 jbell on PROD1PC69 with HOUSE H8264 CONGRESSIONAL RECORD — HOUSE September 16, 2008 However, the proposed substitute support the second amendment, it is The CHAIRMAN. The gentleman’s amendment to this bill undermines anti-second amendment; and frankly, time has expired. commonsense protections in our Na- according to the Constitution, we have Mr. DAVIS of Illinois. Mr. Chairman, tion’s Capital, particularly at a time a pre-existing right prior to the Con- I’m absolutely certain that the people when gun violence threatens our chil- stitution to own firearms and to pro- in Morton Grove, Illinois, would not dren and their families. tect ourselves. And that’s what this suggest that they have a high-crime By legalizing semi-automatic assault substitute would help allow to happen community. weapons, repealing criminal and men- in Washington, D.C. It is my pleasure to yield 2 minutes tal health restrictions for owning guns, Washington is not a State. It’s not a to the gentleman from Georgia, Rep- and ending registration requirements city, according to all of the other cities resentative JOHN LEWIS. for firearms, this amendment jeopard- in the country. It’s very unique. And Mr. LEWIS of Georgia. Mr. Speaker, izes the safety of the families who live this body has the prerogative, has the I rise in support of the bill and against in Washington, D.C. and those who responsibility under the Constitution the amendment. visit. to set the laws and to monitor what is Members of Congress, you are not the going on in Washington, D.C. mayor of Washington, D.C., you do not b 2315 I hear claims on the other side that sit on the City Council, you have not This substitute goes so far as to the substitute amendment would legal- been ordained to stand in judgment. I eliminate the vision test for owning a ize AK–47s. Well, that’s not factual. I dare you to act as judge and jury and gun and repeals D.C.’s safe storage laws hear that it will allow mentally defi- sentence the people of the District of preventing D.C. from prohibiting peo- cient people to have firearms. That’s Columbia to unfettered access to guns. ple from storing loaded firearms near not correct. I hear so many claims on Some of my friends have fought children. the other side and every single person tooth and nail against too much gov- Allowing people to go out and buy a that I have heard come to this floor ernment intervention. So how could gun the day after being released from a making these outrageous, incorrect you suggest tonight that Congress cir- mental institution is reckless, not re- claims are all on record of being anti- cumvent, disregard, and disrespect the sponsible; putting the same weapons in gun, anti-second amendment, and want rights and freedom of the citizens of the hands that killed 32 students and to outlaw guns, register guns, and want this city? faculty at Virginia Tech and 13 stu- to get guns out of the hands of individ- D.C. residents have made it crystal dents and teachers at Columbine is uals. clear they want to limit the prolifera- reckless, it is not reasonable; removing We have an individual right to pro- tion of guns in Washington to protect the requirement that they register tect ourselves. We have an individual all of its citizens, including Members of these guns is reckless, it is not reason- right to own a firearm. And what this Congress, staffers, even the President able. amendment will do is it will allow the of the United States, who all live and I urge my colleagues to join me in people of Washington, D.C. the right to work in this city. opposing this substitute amendment protect themselves. It’s inane to think The amendment would nullify the and support the underlying bill because that somebody can’t have a gun and will of hundreds of thousands of voting the safety of every person who steps own that gun and have it loaded. Americans like they don’t even exist. foot in this city depends on it. It’s inane to think that somebody has They are citizens of America. They are Mr. SOUDER. Mr. Chairman, I yield 4 to have a gun unloaded or locked or human beings. minutes to my friend and colleague taken apart because if somebody’s We all heard the news of a few weeks from Georgia (Mr. BROUN). breaking into your house, if they’re ago: 11 people were shot, wounded, Mr. BROUN of Georgia. I thank the robbing, raping, pillaging, you don’t some even died on the streets of Wash- gentleman for yielding. have time to put those firearms to- ington in one night. How many more I was sitting in my office listening to gether, even the loaded firearm. people will die? How many more vic- We know from the experiment in this debate, and it occurred to me tims will be robbed when they stare Morton Grove, as well as Kennesaw, there was an interesting experiment down the barrel of a gun? done a number of years ago. The City Georgia, that owning firearms within a As Members of Congress, you may be- of Morton Grove, Illinois, which is a community actually decreases crime lieve what you will. Maybe you truly suburb of Chicago, put in a ban on and makes people safer. think that when everyone bears arms, So I encourage the Members of this handguns. They outlawed the owner- the city will really be safer. You have House to vote for the substitute ship of guns in Morton Grove; and in a right to your opinion, but we are here amendment and vote down the under- response to that, the City of Kennesaw, tonight to say the people of the Dis- Georgia, enacted legislation within lying bill. Mr. WAXMAN. Will the gentleman trict of Columbia do not agree. And that community that required the own- yield? they should not have your way of life, ership of firearms within that commu- Mr. BROUN of Georgia. Yes. your viewpoint, your amendment nity. Mr. WAXMAN. Is it your position forced down their throat. That is not Both of these are very similar com- that the amendment that will be of- right. That is not fair. That is not just. munities. Morton Grove is just outside fered does not allow AK–47s? And I think even you would agree of Chicago; Kennesaw is just outside of Mr. BROUN of Georgia. It does not that that is not the American way. Atlanta. allow AK–47s. Mr. SOUDER. Mr. Chairman, I yield It was very interesting what hap- Mr. WAXMAN. The gentleman is in- myself 30 seconds. pened with this social experiment. The correct. Mr. LEWIS is certainly the most re- crime rate, the murder rate, the as- Mr. BROUN of Georgia. An AK–47 is a spected advocate for civil rights in this saults, the rapes, every measure of fully automatic machine gun. Machine United States Congress. No city has a crime in Morton Grove, Illinois, rose guns are very strictly controlled and right to deprive a constitutional right, exponentially. In Kennesaw, Georgia, have been for decades. This will not even if the majority of people in that the crime rate plummeted and is still allow machine guns. State or city favor depriving you. I low even today. The Kennesaw ordi- Now, there are many on that side don’t know how D.C. could be less safe. nance allowed people who didn’t want that think if a gun is an autoloader, It’s the murder capital in 15 of the last to have firearms in their homes a that it’s a machine gun. It is not. A 19 years since they instituted the gun method of having conscientious objec- machine gun, you pull the trigger, it law, and the other 4 years they were in tion to doing so. But it’s a very inter- fires multiple times with one pull of the top three. They were not before esting experiment. the trigger. This bill does not allow they instituted the gun law. I hear from the other side all of these that. A semi-automatic would allow I reserve the balance of my time. rants and raves and anger even ex- one shot with one pull of the trigger. Mr. DAVIS of Illinois. Mr. Chairman, pressed tonight over the substitute There are shotguns that do that, there it’s my pleasure to yield 2 minutes to amendment supporting the bill. Well, are pistols that do that, there are rifles Representative DONNA EDWARDS from the fact is the underlying bill does not that do that. Maryland.

VerDate Aug 31 2005 06:27 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00134 Fmt 4634 Sfmt 0634 E:\CR\FM\K16SE7.191 H16SEPT1 jbell on PROD1PC69 with HOUSE September 16, 2008 CONGRESSIONAL RECORD — HOUSE H8265 Ms. EDWARDS of Maryland. Mr. I believe this solution is not only (2) The Metropolitan Police Department Speaker, I rise in support of H.R. 6842 wrong and doesn’t work; it’s unconsti- (MPD), the District’s local police force, with and in strong and absolute opposition tutional. But I do want to say a few more than 4,000 members, is the only sizeable to the Childers-Souder substitute to words that we do need to get control of police force in the National Capital Region. the National Capital Security and (3) In its role as a Federal city, the District the challenges in our urban areas. of Columbia has always been linked with Safety Act. As my friend from Chicago knows Federal law enforcement in a partnership to It’s not the place of this Congress to well, we’ve worked together on pris- protect the Federal presence, including Fed- undermine the elected Council of the oner re-entry programs; we’ve worked eral officials and employees, visiting dig- District of Columbia’s ability to regu- together on education programs. We nitaries, and other individuals. late firearms within their borders. The need to make sure there are job oppor- (4) Since the terrorist attacks by a United mayor and the District’s Council have tunities. And there are many things we States citizen on a Federal facility in Okla- taken the necessary steps to revise need to do to try to address the prob- homa City, Oklahoma, and especially since their gun laws in accordance with the lems that the inner cities face. the attacks by foreign terrorists on the Na- decision of the United States Supreme I do not believe the taking away of tional Capital Region on September 11, 2001, the District of Columbia has been considered Court, and Representative NORTON’s the constitutional right to bear arms is by Federal law enforcement and security of- bill offers them that opportunity. the way to go. I don’t believe it will This substitute amendment is a dan- ficials to be a likely target for terrorist and work. I believe Washington, D.C. is a domestic attacks on Federal sites and on gerous alternative, the full scope of model of a gun law not working. And Federal officials and employees, visiting dig- which we’ve not even had time to fully besides that, it happens to be the con- nitaries, and other individuals. understand. Residents of the District of stitutional right of American citizens (5) The MPD works continuously with all Columbia and my congressional dis- to defend themselves. Federal law enforcement agencies, including trict in neighboring Prince George’s The Supreme Court ruled clearly. 36 different police agencies, to prevent at- and Montgomery Counties in Maryland The City of Washington attempted to tacks in the Nation’s capital. want a commonsense law enforcement defy that ruling; 250 Members of Con- (6) Federal and District law enforcement interests work together and communicate approach when it comes to gun owner- gress, 55 Senators who signed the ami- ship. And if this NRA-sponsored sub- daily on many efforts, including providing cus brief believed that Congress there- protective escort services to the President, stitute were to pass, it would have a fore has to step reluctantly in to try to Vice President, first lady, and presidential devastating consequence of prohibiting pass this legislation. candidates as they travel and work through- registration for most guns and repeal- I yield back the balance of my time. out the District. ing the ban on semi-automatic weap- Mr. DAVIS of Illinois. Mr. Chairman, (7) The President, Vice President, and ons. I yield myself the balance of our time. many cabinet and other Federal officials re- Furthermore, it is outrageous that Mr. Chairman, we’ve been debating side in the District of Columbia. the Congress of the United States is tonight a gun issue. But it also is a (8) MPD teams with Federal officials to going to substitute and undermine the home rule issue, an issue that simply provide protective escorts for the more than laws of my State of Maryland by allow- says that the people of the District of 40 national and international dignitaries who visit the District of Columbia every month. ing this substitute amendment to cre- Columbia should have the opportunity (9) The Nation’s capital is required by law ate an exemption to Federal law for to make a decision about themselves. to be the headquarters of every cabinet agen- the District of Columbia to enter juris- We’re also debating a homeland secu- cy of the Federal government and has the dictions in Maryland and Virginia to rity issue, a crime prevention issue, a largest concentration of Federal employees, purchase guns. safety issue. It’s a foreign dignitary a total of 145,000. Maryland taxpayers are going to be protection issue. But it’s also a com- (10) In the District of Columbia Home Rule asked to foot the bill in an unfunded monsense issue. Act, Congress delegated self-governing pow- mandate to integrate systems, process Common sense tells us that the more ers to the District of Columbia local government but retained authority to protect Fed- applications. We’re a State. We have a weapons you put on the street, the Governor who’s elected, we have a general interests when necessary. more likely you are to have disaster. (11) The District of Columbia government eral assembly that’s elected. We have And so H.R. 6842 represents and pro- has just begun the process of enacting legis- an Attorney General that’s elected. We tects all of what we have discussed rel- lation to allow gun ownership in the District don’t need the Congress of the United ative to the ability of the people of the for self-defense in a person’s home in compli- States stomping on the foot of Mary- District of Columbia to make their own ance with the Supreme Court ruling in the landers in order to pass a law that it’s decision. case of District of Columbia vs. Heller. trying to impose on the sovereignty of (12) Local jurisdictions, including the Dis- the District of Columbia. And I think b 2330 trict of Columbia, enact firearms legislation it’s time for us to just say ‘‘no’’ to this I urge that we vote in favor of the in keeping with local desires and concerns, substitute amendment on the sovereign Waxman-Norton bill and reject the but the District of Columbia must take into account that the District also is a Federal rights of Maryland. Childers substitute. I yield back the balance of our time. city and that such legislation must be con- And I support Congresswoman NOR- sistent with the heightened Federal interest TON’s bill as a logical next step forward The CHAIRMAN. All time for general in preventing terrorism and domestic at- and urge my colleagues to vote ‘‘no’’ debate has expired. tacks on individuals in the city because of on the Childers substitute. The safety Pursuant to the rule, the amendment the Federal presence. of all who live, work, and play in the printed in the bill is adopted. The bill, (13) The most frequent attacks on Federal District of Columbia and the sur- as amended, shall be considered as an officials in the Nation’s capital have been rounding metropolitan area hangs in original bill for the purpose of further ‘‘lone-wolf’’ attacks by individuals with con- the balance, and our sovereign State of amendment under the 5-minute rule cealable handguns, such as the assassina- Maryland is not going to stand for this and shall be considered read. tions of Presidents Abraham Lincoln and James Garfield, the serious attempts on body substituting its judgment for our The text of the bill, as amended, is as follows: Presidents Ronald Regan and Andrew Jack- State. son, and the July 1998 murder of 2 United Mr. SOUDER. Does the gentleman H.R. 6842 States Capitol Police officers in the United have any additional speakers? Be it enacted by the Senate and House of Rep- States Capitol. Mr. DAVIS of Illinois. I am prepared resentatives of the United States of America in (14) The most dangerous attacks on indi- to close. Congress assembled, viduals in the United States have been com- Mr. SOUDER. Mr. Chairman, I will SECTION 1. SHORT TITLE. mitted with handguns, including the recent yield myself the balance of the time. This Act may be cited as the ‘‘National attack at Virginia Tech University in which Anybody watching this debate can Capital Security and Safety Act’’. 32 people were shot and killed and the attack feel the passion, and they can see some SEC. 2. FINDINGS. at Columbine High School in which 12 people differences based on where people are Congress finds the following: were killed. (1) Washington, DC is both a local self-gov- (15) The government of the District of Co- from. And can you hear the passion erning jurisdiction and the seat of the lumbia, with the informed advice of MPD, is from many of those in the urban cities United States government, with unique Fed- best suited to carrying out the complicated who are very concerned about the vio- eral responsibilities that accompany its role task of developing local laws that satisfy the lent crime. as the Nation’s capital. Supreme Court’s mandate while protecting

VerDate Aug 31 2005 06:27 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00135 Fmt 4634 Sfmt 0634 E:\CR\FM\K16SE7.193 H16SEPT1 jbell on PROD1PC69 with HOUSE H8266 CONGRESSIONAL RECORD — HOUSE September 16, 2008 Federal officials and employees, visiting dig- (4) The District of Columbia has the high- SEC. 5. REPEAL REGISTRATION REQUIREMENT. nitaries, and other individuals. Congress est per capita murder rate in the Nation, (a) REPEAL OF REQUIREMENT.— should allow the District of Columbia the op- which may be attributed in part to local (1) IN GENERAL.—Section 201(a) of the Fire- portunity to enact statutes and promulgate laws prohibiting possession of firearms by arms Control Regulations Act of 1975 (sec. 7– regulations, while preserving the Federal law-abiding persons who would otherwise be 2502.01(a), D.C. Official Code) is amended by right to intervene under the District of Co- able to defend themselves and their loved striking ‘‘any firearm, unless’’ and all that lumbia Home Rule Act if federally protected ones in their own homes and businesses. follows through paragraph (3) and inserting individuals or the Federal presence are ex- (5) The Federal Gun Control Act of 1968, as the following: ‘‘any firearm described in sub- posed to risk. amended by the Firearms Owners’ Protec- section (c).’’. (16) Unregulated firearms in the Nation’s tion Act of 1986, and the Brady Handgun Vio- (2) DESCRIPTION OF FIREARMS REMAINING IL- capital would preclude the ability of the lence Prevention Act of 1993, provide com- LEGAL.—Section 201 of such Act (sec. 7– MPD and, if needed, the Federal government prehensive Federal regulations applicable in 2502.01, D.C. Official Code) is amended by to track guns through registration and oth- the District of Columbia as elsewhere. In ad- adding at the end the following new sub- erwise to help ensure that guns do not en- dition, existing District of Columbia crimi- section: danger Federal officials and employees, vis- nal laws punish possession and illegal use of ‘‘(c) A firearm described in this subsection iting dignitaries, and other individuals. firearms by violent criminals and felons. is any of the following: ‘‘(1) A sawed-off shotgun. SEC. 3. REVISION OF DISTRICT OF COLUMBIA Consequently, there is no need for local laws ‘‘(2) A machine gun. FIREARMS LAWS. which only affect and disarm law-abiding ‘‘(3) A short-barreled rifle.’’. (a) REQUIRING DISTRICT TO REVISE LAWS.— citizens. Not later than 180 days after the date of the en- (6) Officials of the District of Columbia (3) CONFORMING AMENDMENT.—The heading actment of this Act, the District of Columbia have indicated their intention to continue to of section 201 of such Act (sec. 7–2502.01, D.C. shall revise the laws and regulations of the Dis- unduly restrict lawful firearm possession and Official Code) is amended by striking ‘‘Reg- trict of Columbia which govern the use and pos- use by citizens of the District. istration requirements’’ and inserting ‘‘Fire- session of firearms, as necessary to comply with (7) Legislation is required to correct the arm Possession’’. (b) CONFORMING AMENDMENTS TO FIREARMS the requirements of the decision of the Supreme District of Columbia’s law in order to restore CONTROL REGULATIONS ACT.—The Firearms the fundamental rights of its citizens under Court in the case of District of Columbia v. Hell- Control Regulations Act of 1975 is amended er. the Second Amendment to the United States as follows: (b) CONFORMING AMENDMENT TO LOCAL Constitution and thereby enhance public (1) Sections 202 through 211 (secs. 7–2502.02 LAW.—Title VII of the Firearms Control Regula- safety. through 7–2502.11, D.C. Official Code) are re- tions Act of 1975 (sec. 7–2507.01 et seq., D.C. Of- SEC. 3. REFORM D.C. COUNCIL’S AUTHORITY TO pealed. ficial Code) is amended by adding at the end the RESTRICT FIREARMS. (2) Section 101 (sec. 7–2501.01, D.C. Official following new section: Section 4 of the Act entitled ‘‘An Act to Code) is amended by striking paragraph (13). ‘‘SEC. 712. CONSISTENCY WITH FEDERAL RE- prohibit the killing of wild birds and wild (3) Section 401 (sec. 7–2504.01, D.C. Official QUIREMENTS. animals in the District of Columbia’’, ap- Code) is amended— ‘‘The Mayor and the Council shall ensure proved June 30, 1906 (34 Stat. 809; sec. 1– (A) in subsection (a), by striking ‘‘the Dis- that this Act and the regulations promulgated to 303.43, D.C. Official Code) is amended by add- trict;’’ and all that follows and inserting the carry out this Act are consistent with the re- ing at the end the following: ‘‘Nothing in following: ‘‘the District, except that a person quirements of the decision of the Supreme Court this section or any other provision of law may engage in hand loading, reloading, or in the case of District of Columbia v. Heller.’’. shall authorize, or shall be construed to per- custom loading of ammunition for firearms The CHAIRMAN. No further amend- mit, the Council, the Mayor, or any govern- lawfully possessed under this Act.’’; and ment is in order except the amendment mental or regulatory authority of the Dis- (B) in subsection (b), by striking ‘‘which trict of Columbia to prohibit, constructively in the nature of a substitute printed in are unregisterable under section 202’’ and in- prohibit, or unduly burden the ability of per- serting ‘‘which are prohibited under section House Report 110–852. That amendment sons not prohibited from possessing firearms may be offered only by a Member des- 201’’. under Federal law from acquiring, possessing (4) Section 402 (sec. 7–2504.02, D.C. Official ignated in the report, shall be consid- in their homes or businesses, or using for Code) is amended— ered read, shall be debatable for the sporting, self-protection or other lawful pur- (A) in subsection (a), by striking ‘‘Any per- time specified in the report, equally di- poses, any firearm neither prohibited by Fed- son eligible to register a firearm’’ and all vided and controlled by the proponent eral law nor subject to the National Fire- that follows through ‘‘such business,’’ and and an opponent, and shall not be sub- arms Act. The District of Columbia shall not inserting the following: ‘‘Any person not have authority to enact laws or regulations ject to amendment. otherwise prohibited from possessing or re- that discourage or eliminate the private ceiving a firearm under Federal or District AMENDMENT OFFERED BY MR. CHILDERS ownership or use of firearms. Nothing in the law, or from being licensed under section 923 Mr. CHILDERS. Mr. Chairman, I previous two sentences shall be construed to of title 18, United States Code,’’; and have an amendment in the nature of a prohibit the District of Columbia from regu- (B) in subsection (b), by amending para- substitute at the desk. lating or prohibiting the carrying of firearms graph (1) to read as follows: The CHAIRMAN. The Clerk will des- by a person, either concealed or openly, ‘‘(1) The applicant’s name;’’. ignate the amendment. other than at the person’s dwelling place, (5) Section 403(b) (sec. 7–2504.03(b), D.C. Of- The text of the amendment is as fol- place of business, or on other land possessed ficial Code) is amended by striking ‘‘reg- by the person.’’. lows: istration certificate’’ and inserting ‘‘dealer’s SEC. 4. REPEAL D.C. SEMIAUTOMATIC BAN. license’’. Amendment offered by Mr. CHILDERS: (a) IN GENERAL.—Section 101(10) of the (6) Section 404(a)(3) (sec. 7–2504.04(a)(3)), Strike all after the enacting clause and in- Firearms Control Regulations Act of 1975 D.C. Official Code) is amended— sert the following: (sec. 7–2501.01(10), D.C. Official Code) is (A) in subparagraph (B)(i), by striking SECTION 1. SHORT TITLE. amended to read as follows: ‘‘registration certificate number (if any) of This Act may be cited as the ‘‘Second ‘‘(10) ‘Machine gun’ means any firearm the firearm,’’; Amendment Enforcement Act’’. which shoots, is designed to shoot, or readily (B) in subparagraph (B)(iv), by striking SEC. 2. CONGRESSIONAL FINDINGS. restored to shoot automatically, more than 1 ‘‘holding the registration certificate’’ and in- Congress finds the following: shot without manual reloading by a single serting ‘‘from whom it was received for re- (1) The Second Amendment to the United function of the trigger, and includes the pair’’; States Constitution provides that the right frame or receiver of any such weapon, any (C) in subparagraph (C)(i), by striking ‘‘and of the people to keep and bear arms shall not part designed and intended solely and exclu- registration certificate number (if any) of be infringed. sively, or combination of parts designed and the firearm’’; (2) As the Congress and the Supreme Court intended, for use in converting a weapon into (D) in subparagraph (C)(ii), by striking of the United States have recognized, the a machine gun, and any combination of parts ‘‘registration certificate number or’’; and Second Amendment to the United States from which a machine gun can be assembled (E) by striking subparagraphs (D) and (E). Constitution protects the rights of individ- if such parts are in the possession or under (7) Section 406(c) (sec. 7–2504.06(c), D.C. Of- uals, including those who are not members of the control of a person.’’. ficial Code) is amended to read as follows: a militia or engaged in military service or (b) CONFORMING AMENDMENT TO PROVISIONS ‘‘(c) Within 45 days of a decision becoming training, to keep and bear arms. SETTING FORTH CRIMINAL PENALTIES.—Sec- effective which is unfavorable to a licensee (3) The law-abiding citizens of the District tion 1(c) of the Act of July 8, 1932 (47 Stat. or to an applicant for a dealer’s license, the of Columbia are deprived by local laws of 651; sec. 22–4501(c), D.C. Official Code) is licensee or application shall— handguns, rifles, and shotguns that are com- amended to read as follows: ‘‘(1) lawfully remove from the District all monly kept by law-abiding persons through- ‘‘(c) ‘Machine gun’, as used in this Act, has destructive devices in his inventory, or out the United States for sporting use and the meaning given such term in section peaceably surrender to the Chief all destruc- for lawful defense of their persons, homes, 101(10) of the Firearms Control Regulations tive devices in his inventory in the manner businesses, and families. Act of 1975.’’. provided in section 705; and

VerDate Aug 31 2005 06:27 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00136 Fmt 4634 Sfmt 0634 E:\CR\FM\A16SE7.092 H16SEPT1 jbell on PROD1PC69 with HOUSE September 16, 2008 CONGRESSIONAL RECORD — HOUSE H8267 ‘‘(2) lawfully dispose, to himself or to an- (1) by striking ‘‘pistol’’ each place it ap- might add, to immediately possess a other, any firearms and ammunition in his pears and inserting ‘‘firearm’’; and firearm in their household. inventory.’’. (2) by striking ‘‘pistols’’ each place it ap- Finally, the continued insistence of (8) Section 407(b) (sec. 7–2504.07(b), D.C. Of- pears and inserting ‘‘firearms’’. having to keep a firearm unloaded, ficial Code) is amended by striking ‘‘would SEC. 10. AUTHORIZING PURCHASES OF FIRE- stored or trigger-locked is not accept- not be eligible’’ and all that follows and in- ARMS BY DISTRICT RESIDENTS. serting ‘‘is prohibited from possessing or re- Section 922 of title 18, United States Code, able to affording a right of self-defense ceiving a firearm under Federal or District is amended in paragraph (b)(3) by inserting within an individual household. law.’’. after ‘‘other than a State in which the li- In summary, I would compare my (9) Section 502 (sec. 7–2505.02, D.C. Official censee’s place of business is located’’ the fol- substitute amendment to words writ- Code) is amended— lowing: ‘‘, or to the sale or delivery of a ten in the majority opinion by the Su- (A) by amending subsection (a) to read as handgun to a resident of the District of Co- preme Court in the Heller case that re- follows: lumbia by a licensee whose place of business flect my sole intention of granting self- ‘‘(a) Any person or organization not pro- is located in Maryland or Virginia,’’. protection rights for law-abiding citi- hibited from possessing or receiving a fire- The CHAIRMAN. Pursuant to House arm under Federal or District law may sell zens. or otherwise transfer ammunition or any Resolution 1434, the gentleman from The Court stated that their decision firearm, except those which are prohibited Mississippi (Mr. CHILDERS) and a Mem- should not be taken to cast doubt on under section 201, to a licensed dealer.’’; ber opposed each will control 30 min- long-standing prohibitions on the pos- (B) by amending subsection (c) to read as utes. session of firearms by felons and the follows: The Chair recognizes the gentleman mentally ill or law forbidding the car- ‘‘(c) Any licensed dealer may sell or other- from Mississippi. rying of firearms in sensitive places wise transfer a firearm to any person or or- Mr. CHILDERS. Mr. Chairman, I ganization not otherwise prohibited from such as schools and government build- possessing or receiving such firearm under yield myself as much time as I may ings. Federal or District law.’’; consume. I came to Congress to serve and pro- (C) in subsection (d), by striking para- Mr. Chairman, I’m pleased to be here tect the ideals laid out by our Nation’s graphs (2) and (3); and this evening in support of my sub- Founding Fathers. As I stated above, I (D) by striking subsection (e). stitute amendment to H.R. 6842. have no intention of directly circum- (10) Section 704 (sec. 7–2507.04, D.C. Official I want to start out by saying that I venting the legislative practices of the Code) is amended— in no way promote increased violence D.C. city council. However, the second (A) in subsection (a), by striking ‘‘any reg- inside the District of Columbia, nor do amendment right is a long-standing istration certificate or’’ and inserting ‘‘a’’; I disrespect the sovereignty of the Dis- and pillar in our system of government, (B) in subsection (b), by striking ‘‘registra- trict city council and their congres- and I believe law-abiding citizens tion certificate,’’. sional leadership. My only goal in this should have the right to defend their (c) OTHER CONFORMING AMENDMENTS.—Sec- matter, along with over 130 of my col- homes in the District of Columbia, just tion 2(4) of the Illegal Firearm Sale and Dis- leagues, is to restore fundamental sec- like they have the ability to do so in tribution Strict Liability Act of 1992 (sec. 7– ond amendment rights to law-abiding the First Congressional District of Mis- 2531.01(2)(4), D.C. Official Code) is amended— citizens who reside in the Nation’s cap- sissippi. (1) in subparagraph (A), by striking ‘‘or ig- ital. noring proof of the purchaser’s residence in I reserve my time. the District of Columbia’’; and There has certainly been a lot of spir- Mr. DAVIS of Illinois. Mr. Chairman, (2) in subparagraph (B), by striking ‘‘reg- ited discussion and debate on this mat- I rise in strong opposition to the istration and’’. ter. I want to dispel any false rumors amendment being offered. SEC. 6. REPEAL HANDGUN AMMUNITION BAN. that my legislation makes it easier for The CHAIRMAN. The gentleman is Section 601(3) of the Firearms Control Reg- terrorists or other individuals to open- recognized for 30 minutes. ulations Act of 1975 (sec. 7–2506.01(3), D.C. Of- ly spur violence in the District of Co- Mr. DAVIS of Illinois. Mr. Chairman, ficial Code) is amended by striking ‘‘is the lumbia. I yield myself such time as I may con- holder of the valid registration certificate I specifically reference section 3 of sume. for’’ and inserting ‘‘owns’’. my amendment, which states: Nothing Mr. Chairman, I rise in strong opposi- SEC. 7. RESTORE RIGHT OF SELF DEFENSE IN THE HOME. in the previous two sentences shall be tion to the amendment being offered by Section 702 of the Firearms Control Regu- construed to prohibit the District of the gentleman from Mississippi. The lations Act of 1975 (sec. 7–2507.02, D.C. Offi- Columbia from regulating or prohib- amendment, which is largely taken cial Code) is repealed. iting the carrying of firearms by a per- from the base bill H.R. 6691, goes way SEC. 8. REMOVE CRIMINAL PENALTIES FOR POS- son, either concealed or openly, other beyond the ruling that’s been handed SESSION OF UNREGISTERED FIRE- than at the person’s dwelling place, down by the Supreme Court in the ARMS. place of business or on other land pos- (a) IN GENERAL.—Section 706 of the Fire- Heller case and, ironically, would lead arms Control Regulations Act of 1975 (sec. 7– sessed by the person. to less security and safety and greater 2507.06, D.C. Official Code) is amended— Again, my inherent goal in this risk in the Nation’s capital. (1) by striking ‘‘that:’’ and all that follows amendment is to restore second amend- Moreover, in light of the ruling in through ‘‘(1) A’’ and inserting ‘‘that a’’; and ment rights within the home for self- the Heller case, the gentleman’s (2) by striking paragraph (2). protection purposes. Unfortunately, it amendment touches on more than just (b) EFFECTIVE DATE.—The amendments is evident to me and many others that the issue of gun ownership in the home made by subsection (a) shall apply with re- the District of Columbia city council is spect to violations occurring after the 60-day for purposes of self-defense. period which begins on the date of the enact- unwilling to comply with the Supreme The amendment would allow the un- ment of this Act. Court’s Heller decision. fettered transport of guns and/or fire- SEC. 9. REMOVE CRIMINAL PENALTIES FOR CAR- On multiple fronts, the Firearms arms and the possession of guns in RYING A FIREARM IN ONE’S DWELL- Emergency Amendment Act of 2008, businesses, and as written, the amend- ING OR OTHER PREMISES. which was passed following the Heller ment only says businesses and nothing (a) IN GENERAL.—Section 4(a) of the Act of decision, continues to infringe on sec- about businesses in which property is July 8, 1932 (47 Stat. 651; sec. 22–4504(a), D.C. Official Code) is amended— ond amendment rights. Specifically, owned. (1) in the matter before paragraph (1), by the D.C. city council’s definition of And what is even more disturbing striking ‘‘a pistol,’’ and inserting the fol- machine guns groups together the ma- about the amendment is that it strips lowing: ‘‘except in his dwelling house or jority of semi-automatic handguns, the District of Columbia from issuing place of business or on other land possessed most used for self-protection purposes, or enacting any rule, law, or regulation by that person, whether loaded or unloaded, which effectively bans their possession dealing with homeownership. Nowhere a firearm,’’; and in the District. in the case was such an order or action (2) by striking ‘‘except that:’’ and all that Secondly, the ballistics identifica- addressed or even mentioned in the follows through ‘‘(2) If the violation’’ and inserting ‘‘except that if the violation’’. tion procedure is an overburdensome Heller Supreme Court decision as writ- (b) CONFORMING AMENDMENT.—Section 5 of and lengthy registration requirement ten by Justice Scalia. In fact, it is my such Act (47 Stat. 651; sec. 22–4505, D.C. Offi- that improperly denies the right of understanding that the decision clearly cial Code) is amended— D.C. citizens, law-abiding citizens I stated that a range of gun regulations

VerDate Aug 31 2005 07:02 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00137 Fmt 4634 Sfmt 0634 E:\CR\FM\A16SE7.091 H16SEPT1 jbell on PROD1PC69 with HOUSE H8268 CONGRESSIONAL RECORD — HOUSE September 16, 2008 are presumptively lawful. However, the sense, bipartisan proposal that will im- against thugs, bandits, murderers or gentleman’s amendment fails to take plement the historic Heller decision rapists. that part of the Court’s ruling into enacted by the Supreme Court, and it Third, it gives the D.C. residents a consideration. will restore and protect second amend- reasonable ability to purchase a fire- When the Court overturned the Dis- ment rights of the residents of the Dis- arm in Maryland or Virginia, a neces- trict’s long-standing gun laws, in order trict of Columbia and elsewhere. sity because only one federally licensed not to infringe upon the second amend- The Congress acts tonight under its firearms dealer exists in Washington, ment rights of District residents, it set plenary power over the District of Co- D.C. lumbia, and one of its actions tonight in motion a process that would require b 2345 the District Government to rewrite the are to assure the protections of the sec- laws and not the United States Con- ond amendment of the Constitution. And he operates without a facility gress or the House of Representatives. We’ve heard much falsehood and mis- that is open to the public. This would be the case in Tupelo, Mis- understanding pronounced in the press Fourth, the legislation removes sissippi. Therefore, the elected officials and tonight in the discussion about lengthy and burdensome registration of the District of Columbia should have what it is going to do. The Supreme procedures malevolently put in place an opportunity to develop permanent Court found that the District of Colum- by the D.C. City Council to ensure that legislation to bring the city into com- bia’s ban on handguns was a violation citizens would not be able to access pliance with the Heller ruling. of the second amendment, and it based firearms in a lawful, legal, and proper If I may, Mr. Chairman, let me point that finding on a decision that the sec- fashion. out just what the amendment before us ond amendment grants each individual This legislation does not preclude the does. For starters, it would eliminate the right to own a firearm for self-de- Council from in any way enacting sen- any form of gun registration which fense. sible firearms regulations that comply would prevent the city’s police depart- Like a majority of the Members of with the Supreme Court’s decision in ment from knowing who owns what this body, I supported the decision, and Heller. The D.C. Council will retain au- type of gun or firearm. I pointed out that the Court’s ruling thority to restrict firearms so long as Secondly, the language is written so provided important guidance that those restrictions do not improperly broadly that it would permit individ- would allow local governments to craft burden the second amendment rights of uals to carry assault rifles openly in sensible, responsible measures designed D.C. residents. public and on D.C. streets. to keep firearms out of the hands of Some of the opponents of Congress- Lastly, I’d also like to point out that criminals, the mentally ill, and those man CHILDERS’ amendment have the amendment creates a gun show who pose a threat to the public safety. claimed that this legislation will lead loophole that will allow D.C. residents That remains the truth today and to- to more guns ending up in the hands of to avoid background checks when pur- night. The D.C. council reacted to this criminals or even terrorists. What chasing weapons from private individ- historical ruling not by enacting sen- hooey. The only people in D.C. that can uals and at gun shows without back- sible regulations but, instead, passed own a firearm for almost all intents ground checks. emergency legislation that continues and purposes are criminals. Law-abid- While Members from both sides of the to bar law-abiding citizens, residents of ing citizens have enormous burdens in aisle agree on the importance of pre- the District of Columbia, from mean- achieving ownership of a firearm. And serving individual rights, we must also ingful access to the firearms within the so we have, in the District of Columbia, recognize that we live in perilous second amendment. a well-armed group of thugs armed to times, and with lone-wolf terrorists I’m happy to hear that the D.C. coun- the teeth, preying upon law-abiding and copycat shootings on the rise, flat cil and the mayor have now proposed citizens at their whim with firearms out ignoring the homeland security in- changes to D.C. gun laws that will which they may have. terests of the District of Columbia and begin to bring the District into compli- The CHAIRMAN. The time of the the Federal Government is downright ance with the Supreme Court decision. gentleman has expired. reckless and risky. I commend them for it. It came, regret- Mr. CHILDERS. Mr. Chairman, I But yet, this is exactly what this tably, too late. These efforts do not, yield another 30 seconds. amendment has the potential to do, if however, preclude us from acting upon Mr. DINGELL. I thank the gen- adopted. As stated earlier, the District the amendment offered by the distin- tleman. has already begun to revamp its laws, guished gentleman from Mississippi, The legislation is simply going to put and in the coming months, we will and again, I commend him for his lead- D.C. residents in a position where they have an opportunity to review the ership in this matter. have their rights under the second newly adopted gun ownership laws When the D.C. council’s proposals, if amendment. under our already well-established con- they are carried forward as they say I urge my colleagues to support this gressional review authority. they intend to, are there, they, to- amendment. It is a sensible, proper I ask my colleagues to recognize and gether with the legislation that we are amendment. It is a sensible, proper ex- respect this fact and to join me in op- enacting tonight with the Childers ercise of the power of the Congress posing this amendment. amendment, will protect the rights of under the Constitution. And it is a sen- Mr. Chairman, I reserve the balance the citizens of the District of Columbia sible and proper protection of the of my time. under the second amendment, but they rights of American citizens. Mr. CHILDERS. Mr. Chairman, I also will assure that the District of Co- I urge the adoption of the amend- yield 5 minutes to the distinguished lumbia has the reasonable power to ment. And I commend the distin- gentleman from Michigan, and I be- control improper use of firearms. guished gentleman from Mississippi for lieve to be the longest-serving Member The legislation only does four things. his important leadership in this very in this great body, Mr. DINGELL. First, it overturns existing D.C. gun important constitutional question. (Mr. DINGELL asked and was given laws banning semi-automatic weapons, Mr. DAVIS of Illinois. Mr. Chairman, permission to revise and extend his re- including the types of guns most com- I am pleased to yield 3 minutes to the marks.) monly used for self-defense, something gentlelady from Maryland, Representa- Mr. DINGELL. Mr. Chairman, I rise which the Supreme Court said was pro- tive DONNA EDWARDS. to salute the offerer of the amendment. tected by the second amendment. Ms. EDWARDS of Maryland. Mr. The gentleman from Mississippi has Secondly, it overturns D.C. law re- Chairman, I rise again in strong oppo- shown extraordinary leadership, cour- quiring residents to keep their firearms sition to this substitute. age, and ability, and the body owes him locked and inoperable until the very Why does this body believe it has the a thanks for his efforts in this matter. moment that they are attacked. What right to force Maryland, my State, a I also rise to thank the leadership for a silly proposal, a proposal that re- sovereign State, to bear the cost and putting this legislation on the floor. quires a person to rush to the cabinet work to register D.C. firearms under The amendment offered by the gen- to unlock it, to get a firearm, to load this substitute? Our State is already tleman from Mississippi is a common- it, so that they can protect themselves facing significant shortfalls. And the

VerDate Aug 31 2005 06:27 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00138 Fmt 4634 Sfmt 0634 E:\CR\FM\K16SE7.199 H16SEPT1 jbell on PROD1PC69 with HOUSE September 16, 2008 CONGRESSIONAL RECORD — HOUSE H8269 proponents of this substitute are not majority side to stand up and say, know what other jurisdictions did. And planning to reimburse Maryland tax- look, we want a bill. And as these nego- they knew that handguns had to be de- payers—I haven’t heard that coming tiations move forward, it came to me, fined as semi-automatics because those from Mississippi or from Indiana. as the Republican author, along with are the most commonly used handguns This matter is properly already Mr. ROSS, of the bill to overturn this, today. But they had to have time to do under the jurisdiction of local elected of, will you accept somewhat less than it. Now they’ve done it. officials in the District of Columbia. the whole, but a bill that actually has Those changes were inevitable, you And I do respect and the people of a chance to be law. knew they were inevitable. They’ve oc- Maryland respect the right of the peo- Now, as a Republican, I could have curred. And here you are, a day late ple of the District of Columbia and said, you know, I think we’ll let them and a dollar short, looking very fool- their elected officials to make deci- fight and we’ll go into the election ish. Only because of the Waxman hear- sions for themselves and to comply with no bill, with no vote in the House, ings were we able to expose the high with the courts of this land. So why are and put those who are so-called Blue risk and danger to the Federal Govern- the Members of this body unwilling to Dogs in a real spot. But that isn’t the ment, to the Federal presence that this let the legislature and the courts do way we should legislate. We have Mem- bill brings, the high risk in government their job? bers who stood up, even in their own to Members of Congress every day Our great and sovereign State of party, and said we want to broker an when they come here. Yes, you think Maryland has regulations in place that agreement. We had Members on our you are endangered? Well, boy, would work for our citizens. We’re not trying side, in our leadership, agreeing that you have really been at risk if this bill to regulate D.C. guns; we’re not trying we will be willing to negotiate. And we were to get through both Houses. to regulate Virginia guns or Mississippi had a Democrat leadership willing to With the help of three police chiefs guns or Indiana guns. That’s not our sit down and work it out even though with jurisdiction in this region, all job in Maryland. We respect your sov- the majority of their party doesn’t three came to show that the bill that ereignty and you should respect ours agree with this, and obviously many of you brokered would have allowed car- by not imposing unfunded mandates on them are passionately upset. rying semi-automatic handguns in this our taxpayers or creating additional So tonight is a historic debate. To- city—by children, sir, and by adults, burdens for our State troopers whose morrow will be a historic vote: Will the thank you very much—well, that was job it is to process firearm applica- will of the House be allowed to work its even too much for the NRA, so they tions. will as it did on campaign finance re- changed it. With this substitute, you are de- form? And I thank the gentleman from When the chiefs testified that in an manding that our State troopers dou- Mississippi for his leadership. inauguration parade we can’t protect ble the size of our enforcement units, Mr. DAVIS of Illinois. Mr. Chairman, the Federal presence, one had to won- integrate with D.C. databases, criminal I now yield 5 minutes to the gentle- der what kind of brokering of bills you and mental health databases and other woman from the District of Columbia, folks do. Don’t you read what you databases that currently do not comply Delegate ELEANOR HOLMES NORTON. broker? Don’t you read what the NRA with Maryland’s system, and all of this Ms. NORTON. I thank the gentleman tells you to pass? within a 7-day period so that we can for yielding. And I particularly thank The danger of the bill that we now comply with our own law in our State. the gentleman and the chairman of the have is almost as great. Oh, no, you For a group of people who often cry full committee, Mr. WAXMAN, for your can’t carry a gun in public anymore, as foul on States’ rights and on unfunded time and effort that you put into Wax- a child could and as an adult could, but mandates, you sure haven’t had a prob- man-Norton, and yes, into defeating you can possess a semi-automatic AK– lem at all in offering this substitute to the substitute before us now. 47, sir. You can possess a Bushmaster impose exactly those same burdens on This substitute stoops very, very low XM–15, which 6 years ago the sniper, the State of Maryland and on Virginia. to conquer. The Congress is known for the D.C. sniper used in the States of Mr. CHILDERS. I yield 3 minutes to its low blows against the District of Virginia, Maryland and D.C. Semi- the gentleman from Indiana (Mr. Columbia, but this is the first time automatics, that’s in your bill; that’s SOUDER). that in shooting the District of Colum- still in your bill. Mr. SOUDER. I thank the gentleman bia in the back—which has become rou- Just back from unveiling the memo- from Mississippi. And I also want to tine—that in over 200 years, never be- rial benches at the 9/11 ceremony, just thank the dean of the House, Chairman fore, but tonight you are shooting pro- back from a ceremony after the Na- DINGELL, who has been a hero to gun tections for the entire Federal presence tional Capital region was targeted— owners all over America for many that this House is sworn to protect, be- and still is—7 years ago, you had just years, for his willingness to stand up. ginning with the President of the dried your tears and now you come and And I want to thank our new freshman United States and going to every Fed- ask us to vote for a substitute. Member, Mr. CHILDERS, and those who eral employee working in a Cabinet The CHAIRMAN. The time of the are standing with him, because this is, agency. And the House has the gall to gentlewoman has expired. indeed, a historic night. And unless ask for a vote to nullify the gun laws Mr. DAVIS of Illinois. I yield 1 addi- you’re a Member of Congress or some- in my district, depriving my district of tional minute to the gentlelady. body who is kind of a political junkie, the right to protect itself and visitors Ms. NORTON. You now ask us to vote it’s hard to figure out exactly what’s like yourselves, while denying me a on a substitute mandating in the Na- happening tonight. vote on this floor on passage? Have you tion’s capital one of the most permis- In fact, a discharge petition is some- no shame? Is no principle invalid? sive gun laws in the country, no reg- thing that, when you sign it, basically The sponsors of the substitute have istration of gun laws, no way for the would turn the House over to the other consistently singled out two sections of police to know who has a gun or to party. And if you’re willing to stand up the old D.C. law because otherwise this trace guns used in committing a crime. to your own party, you could force a would look crazier than it already Mandates. Gun show loophole. Li- vote. I know this because, when we does. The section, for example, they censed dealers must do a criminal first became in the majority, I was one temporarily left in place while they background check, but private individ- who was often pulled into a side room, worked on new legislation, as the Su- uals don’t have to. And we exempt gun threatened that by bringing down a preme Court asked them to, new legis- shows. You can have gun shows in the rule or other things that I was going to lation which has now been signed into Nation’s capital, perfectly legal. D.C. destroy the party. In fact, sometimes law, left in place the trigger lock sec- can’t close any of these loopholes be- it’s your only way to force things. tion. But whoever would have left that cause you Federalize gun laws, you There is a certain number of votes that in place—after all, it was one of the few leave us with a bare bill. are allowed on each side to let a bill go issues singled out in the Supreme The police can’t issue any regula- through. Court decision, and you know it. And tions. You allow the stockpiling of as- But what we’re seeing tonight was they knew it. But they had to do the sault weapons. You allow gun running the courage of some Members on the necessary investigation. They had to between Maryland, Virginia and the

VerDate Aug 31 2005 06:27 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00139 Fmt 4634 Sfmt 0634 E:\CR\FM\K16SE7.200 H16SEPT1 jbell on PROD1PC69 with HOUSE H8270 CONGRESSIONAL RECORD — HOUSE September 16, 2008 District. You allow people, voluntarily make its own laws. What we do dispute The District of Columbia is not obli- committed to a mental institution, to is that the District of Columbia does gated to do all of the things that are in get out and the next day they can own not have the right, nor does any other this substitute. In fact, not one single a gun even while John Hinkley is still American citizen, to ignore the law of provision of H.R. 6691 is required by the institutionalized at St. Elizabeth’s the land. The law of the land, as enun- second amendment or by the Supreme Hospital for an attempt on the life of ciated in a recent Supreme Court deci- Court decision in the Heller case. Let President Reagan. sion, whether one agrees or disagrees, me just walk through it. The CHAIRMAN. The time of the grants to individual citizens the right One provision removes the District’s gentlewoman has expired. to bear arms legally. The District has longstanding ban on semiautomatic as- Mr. DAVIS of Illinois. I yield the failed to implement that decision, and sault rifles and pistols. Well, there is gentlewoman an additional 30 seconds. therefore, we are here tonight. nothing in the second amendment that Ms. NORTON. You allow children to This Childers substitute does nothing guarantees an individual’s right to own AK–47s. You allow this in the Na- more nor nothing less than implement high-powered military assault rifles cation’s capital. No age limit whatsoever the bare minimum that the Supreme pable of firing more than 30 rounds on owning a gun. Court said was the law of the land. without reloading. There is certainly This isn’t Mississippi, sir. You have Whether you like it or not, that is the nothing in the Heller case that says just been elected to Congress; you bet- law of the land when the Supreme that. Evidently, the people who are of- ter understand where you are. This is a Court decides a justiciable issue. fering this substitute don’t like the big city. You have squandered critical This legislation, the Childers sub- fact that the D.C. Government agreed time with the House while the econ- stitute, does not in any way limit the with that provision, but they said that omy is falling down behind you, Wall authority of the District or the ability they would limit it to 10 rounds. Well, of independent authorities in the Dis- Street is collapsing. Why? Because the there is nothing in the Constitution trict to restrict firearm possession. It NRA told you to do so. that says it has to be 30 or more. I’ve been to the Senate, too. There’s does not repeal the D.C. law banning a One provision of this substitute re- another House. And you know what I person from the possession of ammuni- moves the District’s longstanding pro- know. tion. It does not amend the D.C. defini- vision for a registration system, which tion of ‘‘restricted pistol bullets.’’ It Mr. CHILDERS. I would ask the includes D.C.’s required background does not repeal the D.C. law providing speaker to direct her remarks to the checks before someone can buy a gun. for strict liability for handgun manu- Chair. Well, there is nothing in the second The CHAIRMAN. The time of the facturers. Quite frankly, many of us live in the amendment that says individuals have gentlewoman has expired. District for most of the year now be- a right not to register their guns. Yet Mr. DAVIS of Illinois. I yield 30 addi- cause of our job requirements. I don’t the substitute would wipe out that D.C. tional seconds to the gentlewoman. want to impose on the District, but I law. ANNOUNCEMENT BY THE CHAIRMAN do say this: Now, it was said by one of the advo- The CHAIRMAN. The Member should The District, just like people all over cates of this substitute that this is a direct her remarks to the Chair and the rest of America, has to implement burdensome requirement for registra- not to an individual. legislation when the Supreme Court tion that was put malevolently in place Ms. NORTON. You know that this speaks. That’s why we’re here, not be- by the District of Columbia. Well, I substitute is going to be strangled with cause we asked for this. I, quite frank- want you all to know that it was also a thousand holes, and still you march ly, enjoy living in the District and put in place by California, Connecticut, in salute to the NRA. enjoy having the District make the Maryland, New Jersey, Michigan, Chi- I say to the cosponsors, watch what laws that we live under here, but like cago, Cleveland, New York City, and you vote for. If you analyze this bill, no other citizen, the District is no dif- Omaha, and I don’t think that any of this substitute, step by step, you can ferent in that they cannot ignore the those jurisdictions are violating the think of half a dozen bills of major im- law of the land even if they disagree second amendment to the Constitution. portance. Well, they can stick up the with it as cannot the citizens of my Another provision in this substitute Democrats and make us sue for peace. State or of any other State. would take away the ability of the Dis- Watch the precedent you set. Watch Mr. DAVIS of Illinois. Mr. Chairman, trict of Columbia’s law enforcement what you vote for tomorrow. Defeat I’m pleased to yield 4 minutes to the authorities, through their registration the substitute. Vote for Waxman-Nor- chairman of the Committee on Over- system, to trace guns used in crimes. It ton. sight and Government Reform, Rep- helps them figure out who bought the guns, who transferred them, how they b 0000 resentative HENRY WAXMAN. Mr. WAXMAN. Mr. Chairman and my got into the hands of the criminal or Mr. CHILDERS. Mr. Chairman, I colleagues, the Supreme Court ruled in terrorist. That’s not in violation of the would yield 3 minutes to the gentleman the Heller case that the District of Co- second amendment, and yet this sub- from Tennessee (Mr. TANNER). lumbia could not ban handguns. They stitute would repeal it. Mr. TANNER. I thank the gentleman. said that would violate the second This amendment would allow people We’re here tonight, not because we’ve amendment. The Supreme Court said to obtain firearms without criminal asked for a vote but because the Su- every individual has a right to own a background checks. I don’t know why preme Court, in a recent decision, handgun. That’s now the law of the they think the second amendment re- changed the law of the land or at least land. The District of Columbia has fi- quires that, because it does not. clarified what the law of the land is nalized its revision of its laws just This amendment goes far beyond the with respect to the second amendment. today, and I defy any Member of this Heller case. It goes far beyond the sec- It could be about almost any subject. body to say that the District of Colum- ond amendment to the Constitution. It We routinely come here after the Su- bia has failed to comply with the sec- is gratuitously rewriting the law of the preme Court decides what the law of ond amendment to the Constitution District of Columbia. It is not our job the land is on a justiciable issue, and under the Heller decision. I think that to rewrite a law passed by the people we enact, implementing legislation the District of Columbia has complied elected in the District of Columbia if whether its on people in Tennessee or with that law. I know we’ve heard from that law complies with the Constitu- in Mississippi or in Oregon or in Wash- Members of Congress that D.C. is un- tion of the United States. ington State or in the District of Co- willing to comply and that they’re un- I urge that we reject the substitute lumbia. That’s done routinely over and willing to live by the law of the land. amendment. over again. The subject happens to be Well, let us examine that D.C. law Mr. CHILDERS. Mr. Chairman, I the second amendment in this most re- more carefully. Since it only was fi- would yield 3 minutes to the gentleman cent Supreme Court decision. It could nally enacted today, I would suggest from Arkansas (Mr. ROSS). be about anything. that when this bill goes to the other Mr. ROSS. Mr. Chairman, I rise in Nobody disputes the fact that the body that they hold this bill up and re- support of the Childers amendment to District of Columbia has every right to view that D.C. law. H.R. 6842.

VerDate Aug 31 2005 06:27 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00140 Fmt 4634 Sfmt 0634 E:\CR\FM\K16SE7.201 H16SEPT1 jbell on PROD1PC69 with HOUSE September 16, 2008 CONGRESSIONAL RECORD — HOUSE H8271 Tonight is a historic night. The imminent danger. In other words, first one, a lot of us talk about, our American people are sick and tired of you’ve got to wait until someone is inability to have religious freedom. In all of the partisan bickering that goes side your home and then say, ‘‘Mr. In- the South, where I am from, that is on up in Washington. Time after time, truder, would you please respectfully something that we treasure. Our free- bills come to the floor, and they pass wait while I assemble my gun.’’ dom of speech is included in number or fail on a straight party line vote. The CHAIRMAN. The time of the one. And number two is the right to Tonight, a bill is going to be defeated gentleman has expired. bear arms. by Democrats and Republicans coming Mr. CHILDERS. I yield the gen- Now, I know we don’t live on the together, and an amendment is going tleman an additional 30 seconds. frontier anymore, but if you can imag- to pass because of Democrats and Re- Mr. ROSS. That makes no sense ei- ine a farmer or someone moving his publicans coming together. That, in ther. family into the wilderness in Ten- my opinion, is long overdue. Then, finally, the Supreme Court nessee, or as we moved westward, one Mr. Chairman, when I raised my said you can have a gun in D.C., but of the things that you would find with right hand and took the oath of office, they don’t sell guns in D.C. Guess them, pieces of equipment, more than I swore that I would uphold the Con- what? The D.C. city council said you just the farm equipment, was generally stitution of the United States of Amer- can’t transport a gun from Maryland or a muzzleloader, that would hang on ica. That includes amendment No. 2. Virginia into D.C. Therefore, that many cases on the beam that supported Mr. Chairman, I could not be more means you can still no longer have a the loft in the cabin in which the fam- proud of the gentleman from Mis- gun in D.C. ily would live. It was there for protec- sissippi (Mr. CHILDERS). He may be a We’re not giving Washington, D.C. tion. new Member of Congress, but he cer- any more or any less than what most When he would go into the fields to tainly knows where he is, and he knows citizens in this country enjoy today farm, he would also take his muzzle- why he’s here—to defend the Constitu- under the second amendment. That is loader with him, oftentimes leaning it tion of the United States of America. the ability of law-abiding citizens to upon a stump or a tree, where it would We can’t cherry pick. We took the oath responsibly own guns and to have them be for protection from wildlife or wild to defend the entire Constitution, in- assembled, if they so choose, in the pri- animals or from those who might be including the second amendment. vacy of their own homes. We provide tending to do harm to his family or Back home in Arkansas, there’s a Washington, D.C. in this substitute himself. bumper sticker that says, ‘‘When you amendment the same definition as The second amendment gives us that outlaw guns, only outlaws will have most of the rest of the country has as right to protect our homes and our guns.’’ Quite frankly, I don’t believe it relates to machine guns. family, whether it is in Pall Mall, Ten- nessee, where I am from, are whether it it’s a coincidence that Washington, I urge support of the amendment and is right here in Washington, D.C. We D.C. has a high crime rate, a rate a vote against the bill in support of our can’t suspend the Constitution depend- where guns can only be found with the Nation’s second amendment rights. ing on where we live. outlaws and not with responsible, law- Mr. DAVIS of Illinois. Mr. Chairman, I yield myself 30 seconds. We had a huge argument over what is abiding citizens. called the Foreign Intelligence Surveil- In June of this year, the U.S. Su- Much of the discussion is about crime lance Act, about whether or not our in- preme Court struck down D.C.’s ban on and crime prevention and protection. dividual rights were about to be jeop- handguns and operable firearms for We sound as though people are invad- ardized. In fact, many of us argued on self-defense within the home as in the ing people’s homes and are murdering them and are attacking them. Much of this floor that there are certain con- case of D.C. versus Heller. Mr. SOUDER stitutional guarantees that guarantee and I had a bill to address this issue. the murder that I read about and that I hear about is really from drive-by our liberty and our freedom from op- We thought we would no longer need to pression and from an oppressive and in- raise the issue after the Supreme Court shootings. It’s really by individuals with semiautomatics who are engaged trusive government. In fact, that is not ruling, but that was before we learned just for Washington, D.C., and it was that the District responded by passing in turf battles over drugs, who are killing each other. They’re not by people just not for Pall Mall, Tennessee. It is an emergency bill that failed to com- for all of us who live in this Nation. So, ply with the Supreme Court’s ruling. In who are necessarily invading homes. They’re by people who have access to for me, we cannot cherry pick and pick fact, they snubbed their nose at the Su- and choose what that Constitution preme Court. these high-powered guns, people who are killing each other on the streets. guarantees us. The Childers substitute amendment To me, I applaud the efforts of the remedies this by enforcing the Su- I reserve the balance of my time. Mr. CHILDERS. Mr. Chairman, may I gentleman from Mississippi to offer the preme Court’s Heller decision and by inquire as to the time remaining? substitute amendment that I believe preventing the District of Columbia’s The CHAIRMAN. The gentleman will give individuals who live in Wash- government from restricting the sec- from Mississippi has 101⁄2 minutes re- ington, D.C. the same opportunity to ond amendment rights of its citizens. maining. The gentleman from Illinois defend their sons and their daughters, This should be very important to every has 13 minutes remaining. their husband or their wife, and the one of us who is a Member of Congress Mr. CHILDERS. Mr. Chairman, I rec- home that they own from those who because, folks, Mr. Chairman, if our ognize the gentleman from Tennessee would do harm or be intrusive in their Nation’s capital can pass gun control, (Mr. LINCOLN DAVIS) for 4 minutes. homes. our hometowns all across America (Mr. LINCOLN DAVIS of Tennessee Mr. DAVIS of Illinois. Mr. Chairman, could be next. That’s why I’m against asked and was given permission to re- I reserve the balance of my time. this bill and why I am for the amend- vise and extend his remarks.) Mr. CHILDERS. Mr. Chairman, I ment. I’m proud to stand here as a pro yield 2 minutes to the gentleman from gun Democrat. b 0015 Pennsylvania (Mr. ALTMIRE). What did the Washington, D.C. city Mr. LINCOLN DAVIS of Tennessee. Mr. ALTMIRE. Mr. Chairman, I council do that was so bad and that Mr. Chairman, it is good to be here to thank the gentleman. makes no sense in snubbing their nose discuss what I believe is the foundation When the D.C. City Council decided at the Supreme Court? of our society and America, our Con- to ignore a ruling from the United Number one, they defined ‘‘machine stitution. States Supreme Court and when the guns’’ to include all semiautomatic In 1787, the articles were proposed District of Columbia decided to play guns. Nearly every gun in America that ultimately became the foundation games with the Constitution of the today is a semiautomatic gun. We duck for our Constitution. In 1789, 12 amend- United States, it was they that brought hunt with semiautomatic guns. Pistols ments were offered, of which only 10 us to the point where we are today, are semiautomatics. were approved immediately, or pretty where congressional intervention is They also said that any gun that you well immediately, by 1791. necessary to uphold the rights of Wash- own must be unassembled in the pri- Included in those are 10 amendments ington, D.C. citizens under the second vacy of your own home until you are in we often called the Bill of Rights. The amendment to the Constitution.

VerDate Aug 31 2005 06:27 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00141 Fmt 4634 Sfmt 0634 E:\CR\FM\K16SE7.204 H16SEPT1 jbell on PROD1PC69 with HOUSE H8272 CONGRESSIONAL RECORD — HOUSE September 16, 2008 As a signatory of the amicus brief spect for this wonderful institution tleman from Mississippi (Mr. urging the Supreme Court to overturn which I am so proud to be a part of. CHILDERS). the unconstitutional gun ban, I was Mr. Chairman, there is no hidden The question was taken; and the outraged at the D.C. Council’s new gun agenda here. The intent of my amend- Chairman announced that the noes ap- restrictions. So I joined with Mr. ment offered in the form of a sub- peared to have it. CHILDERS of Mississippi to help craft stitute is simply to give the law-abid- Mr. CHILDERS. Mr. Chairman, I de- the Second Amendment Enforcement ing citizens of the District of Columbia mand a recorded vote. Act, which is the text of the amend- the same rights and freedoms that all The CHAIRMAN. Pursuant to clause ment we are debating here tonight. Americans share, from coast to coast 6 of rule XVIII, further proceedings on This bill repeals D.C.’s gun ban and and all over this great land. the amendment offered by the gen- permits law-abiding gun owners the I appreciate the spirited debate. I tleman from Mississippi will be post- right to keep their firearms in ways certainly hope that I have been re- poned. that will ensure their availability and spectful of all of my colleagues. It cer- Mr. DAVIS of Illinois. Mr. Chairman, use for self-defense. This amendment tainly was my intent. In closing, I I move that the Committee do now ensures that the intent of the Supreme would like to ask for a recorded vote, rise. The motion was agreed to. and I understand that will be in the Court and of the second amendment Accordingly, the Committee rose; are upheld for all citizens, including morning, and I would urge passage of and the Speaker pro tempore (Mr. those who live in the District of Co- my amendment. ALTMIRE) having assumed the chair, lumbia. Mr. Chairman, I yield back my time. Mr. WILSON of Ohio, Chairman of the Mr. DAVIS of Illinois. Mr. Chairman, Mr. CHILDERS. Mr. Chairman, I Committee of the Whole House on the I yield myself the balance of my time. yield 1 minute to the gentleman from state of the Union, reported that that Mr. Chairman, I want to certainly ac- Indiana (Mr. SOUDER). Committee, having had under consider- knowledge the not only newness of the Mr. SOUDER. I thank the gentleman ation the bill (H.R. 6842) to require the gentleman from Mississippi, but also from Mississippi. District of Columbia to revise its laws I wanted to clarify for those watch- his demeanor, his debate and his intro- regarding the use and possession of ing the debate and for the CONGRES- duction of legislation. It occurred to firearms as necessary to comply with SIONAL RECORD that the one hearing we me though if we were in West Point, the requirements of the decision of the did have, there were four witnesses. Mississippi, or if we were in Fort Supreme Court in the case of District Three of them were Federal witnesses, Wayne, Indiana, or if we were in West- of Columbia v. Heller, in a manner that and Mr. ISSA asked each one of them ern Pennsylvania telling the people in protects the security interests of the whether the bill that this amendment those communities what we thought Federal government and the people is amending had any impact on them. they ought to be doing or the way in who work in, reside in, or visit the Dis- All of them said no. They were never which we felt they had to be in compli- trict of Columbia and does not under- asked another question during the ance with the Supreme Court as they mine the efforts of law enforcement, hearing, because they weren’t relevant were wrestling with those decisions homeland security, and military offi- to the hearing. themselves, they probably would say cials to protect the Nation’s capital The fourth witness was the police that we were unwelcome. from crime and terrorism, had come to chief of Washington, D.C., and she did I think that the people of the Dis- no resolution thereon. have an opinion and doesn’t agree, ob- trict of Columbia would say that this viously, with this amendment. But she amendment is unwelcome, that it fur- f is a political appointee of the mayor, ther takes away their right to self-gov- ANNOUNCEMENT BY THE SPEAKER and while it may be her personal view, ernance. Here they are, they don’t have PRO TEMPORE if she held a view different from the a representative in Congress with a The SPEAKER pro tempore. Without mayor or city council, she would have vote. Now we are saying that your City objection, 5-minute Special Orders are been removed. Council and your representatives on entered in favor of the gentleman from So it was somewhat inaccurate to the City Council can’t decide the way South Carolina (Mr. SPRATT) and the present that at our hearing, that some- in which you would be in compliance gentleman from New Jersey (Mr. how the witnesses all felt that there with the highest court in our land. HOLT), each with customary leave to was this imminent danger in the Fed- Let me just mention that a previous insert. eral sector, because all three of them speaker said that the District passed a There was no objection. said the bill had nothing to do whatso- law prohibiting District residents from f ever with their positions. bringing in weapons from across State Mr. DAVIS of Illinois. Mr. Chairman, lines. That was incorrect. In fact, Con- A REVISION TO THE BUDGET AL- I continue to reserve. I understand that gress passed this law, not the District LOCATIONS AND AGGREGATES Mr. CHILDERS is ready to close. of Columbia. But this amendment FOR CERTAIN HOUSE COMMIT- PARLIAMENTARY INQUIRY would remove this restriction. TEES FOR FISCAL YEARS 2008 Mr. SOUDER. Parliamentary in- So I think Members should under- AND 2009 AND THE PERIOD OF quiry, Mr. Chairman. stand that this is the first step in the FISCAL YEARS 2009 THROUGH The CHAIRMAN. Does the gentleman NRA’s plan to repeal Federal gun con- 2013 yield for a parliamentary inquiry? trol laws, not just in the District of Co- The SPEAKER pro tempore. Under a Mr. CHILDERS. I would yield to the lumbia. But I think it is a matter of previous order of the House, the gen- gentleman. using the District of Columbia to work tleman from South Carolina (Mr. Mr. SOUDER. Does the gentleman one’s will for other parts of the coun- SPRATT) is recognized for 5 minutes. from Mississippi have the right to try and to work a national will using Mr. SPRATT. Madam Speaker, under sec- close? the people of the District of Columbia. tion 205 of S. Con. Res. 70, the Concurrent The CHAIRMAN. No, the gentleman I think the protections that are need- Resolution on the Budget for fiscal year 2009, from Illinois, as a manager controlling ed and the compliance that is needed I hereby submit for printing in the CONGRES- time in opposition to the amendment, can be found in the Waxman-Norton SIONAL RECORD a revision to the budget allo- is entitled to close debate thereon. bill, and that this amendment, the cations and aggregates for certain House Mr. CHILDERS. Mr. Chairman, in Childers amendment, unfortunately committees for fiscal years 2008 and 2009 closing, let me just simply say to my strips that bill of its impact. For that and the period of fiscal years 2009 through distinguished colleagues Mr. DAVIS reason, I would urge that we reject the 2013. This revision represents an adjustment from Illinois and all those who have Childers amendment vote for the Nor- to certain House committee budget allocations spoken not only for my amendment, ton-Waxman bill. and aggregates for the purposes of sections but to those also who have spoken Mr. Chairman, I yield back the bal- 302 and 311 of the Congressional Budget Act against my amendment, I have nothing ance of my time. of 1974, as amended, and in response to con- but the greatest of respect for all of The CHAIRMAN. The question is on sideration of the bill H.R. 6899, Comprehen- you. I have nothing but the greatest re- the amendment offered by the gen- sive American Energy Security and Consumer

VerDate Aug 31 2005 07:02 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00142 Fmt 4634 Sfmt 9920 E:\CR\FM\K16SE7.205 H16SEPT1 jbell on PROD1PC69 with HOUSE September 16, 2008 CONGRESSIONAL RECORD — HOUSE H8273

Protection Act. Corresponding tables are at- BUDGET AGGREGATES 10,10

tached. [On-budget amounts, in millions of dollars] ATES

Under section 323 of S. Con. Res. 70, this Fiscal Year Fiscal Year Fiscal Years Fiscal Year Fiscal Year Fiscal Years adjustment to the budget allocations and ag- 2008 1 2009 12 2009–2013 2008 1 2009 12 2009–2013 gregates applies while the measure is under Current Aggregates: Outlays ...... 2,437,784 2,492,794 n.a. Budget Authority ...... 2,456,198 2,462,544 n.a. Revenues ...... 1,875,401 2,027,305 11,781,081 consideration. The adjustments will take effect Outlays ...... 2,437,784 2,497,322 n.a. upon enactment of the measure. For purposes Revenues ...... 1,875,401 2,029,653 11,780,263 n.a. = Not applicable because annual appropriations Acts for fiscal years Change in the Comprehensive 2010 through 2013 will not be considered until future sessions of Congress. of the Congressional Budget Act of 1974, as American Energy Security 1 and Consumer Protection Current aggregates do not include spending covered by section 301 amended, a revised allocation made under Act (H.R. 6899): (b)(1) (overseas deployments and related activities). The section has not Budget Authority ...... 0 ¥4,528 n.a. been triggered to date in Appropriations action. section 323 of S. Con. Res. 70 is to be con- 2 Outlays ...... 0 ¥4,528 n.a. Current aggregates do not include Corps of Engineers emergency spend- sidered as an allocation included in the resolu- Revenues ...... 0 ¥2,348 818 ing assumed in the budget resolution, which will not be included in current Revised Aggregates: level due to its emergency designation (section 301(b)(2). tion. Budget Authority ...... 2,456,198 2,458,016 n.a. 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

LEAVE OF ABSENCE EXECUTIVE COMMUNICATIONS, 8404. A letter from the Chairman, Securi- ETC. ties and Exchange Commission, transmitting By unanimous consent, leave of ab- the Commission’s 2007 Annual Report of the sence was granted to: Under clause 8 of rule XII, executive Securities Investor Protection Corporation, communications were taken from the Mr. DREIER (at the request of Mr. pursuant to 15 U.S.C. 78ggg; to the Com- Speaker’s table and referred as follows: BOEHNER) for today on account of the mittee on Financial Services. death of his mother. 8398. A letter from the Congressional Re- 8405. A letter from the Secretary, Depart- view Coordinator, Department of Agri- ment of Energy, transmitting the Depart- Mr. POE (at the request of Mr. culture, transmitting the Department’s final ment’s report entitled, ‘‘Report on Section BOEHNER) for today until 3:30 p.m. on rule — Karnal Bunt; Removal of Regulated 3167 of the Department of Energy Science account of recovery efforts following Areas in Texas [Docket No. APHIS-2007-0157] Education Enhancement Act Related to Edu- Hurricane Ike. received September 8, 2008, pursuant to 5 cation Partnerships with Minority Edu- U.S.C. 801(a)(1)(A); to the Committee on Ag- cation Institutions,’’ pursuant to 42 U.S.C. riculture. 7381c-1, section 3167; to the Committee on f 8399. A letter from the Administrator, De- Education and Labor. partment of Agriculture, transmitting the 8406. A letter from the Chairperson, Na- SENATE ENROLLED BILLS SIGNED Department’s final rule — National Fluid tional Council on Disability, transmitting Milk Processor Promotion Program [Docket the Council’s report entitled, ‘‘The State of The Speaker announced her signa- No. AMS-DA-07-0156; DA-07-05] received Sep- 21st Century Financial Incentives for Ameri- ture to enrolled bills of the Senate of tember 8, 2008, pursuant to 5 U.S.C. cans with Disabilities’’; to the Committee on the following titles: 801(a)(1)(A); to the Committee on Agri- Education and Labor. culture. 8407. A letter from the Deputy Director for S. 2403. An act to designate the United 8400. A letter from the Under Secretary of States courthouse located in the 700 block of Operations, Pension Benefit Guaranty Cor- Defense, Department of Defense, transmit- poration, transmitting the Corporation’s East Broad Street, Richmond, Virginia, as ting the Department’s quarterly report as of final rule — Benefits Payable in Terminated the ‘‘Spottswood W. Robinson III and Robert June 30, 2008, entitled, ‘‘Acceptance of con- Single-Employer Plans; Allocation of Assets R. Merhige, Jr., United States Courthouse’’. tributions for defense programs, projects and in Single-Employer Plans; Interest Assump- S. 2617. An act to amend title 38, United activities; Defense Cooperation Account,’’ tions for Valuing and Paying Benefits — re- States Code, to codify increases in the rates pursuant to 10 U.S.C. 2608; to the Committee ceived September 8, 2008, pursuant to 5 of compensation for veterans with service- on Armed Services. U.S.C. 801(a)(1)(A); to the Committee on Edu- connected disabilities and the rates of de- 8401. A letter from the Principal Deputy, cation and Labor. pendency and indemnity compensation for Department of Defense, transmitting author- 8408. A letter from the Deputy Director, the survivors of certain disabled veterans ization of 18 officers to wear the authorized Department of Health and Human Services, that were effective as of December 1, 2007, to insignia of the grade of brigadier general, transmitting a report on the Developmental provide for an increase in the rates of such pursuant to 10 U.S.C. 777; to the Committee Disabilities Programs for Fiscal Years 2005- compensation effective December 1, 2008, and on Armed Services. 2006, pursuant to Public Law 99-319, section for other purposes. 8402. A letter from the Assistant Secretary of Defense, Department of Defense, transmit- 105(a)(7); to the Committee on Energy and ting a report entitled, ‘‘Report to Congress: Commerce. f Plan for Coordinating National Guard and 8409. A letter from the Administrator, De- Federal Military Force Disaster Response,’’ partment of Energy, Energy Information Ad- ADJOURNMENT pursuant to Public Law 110-181, section 1814; ministration, transmitting the Administra- to the Committee on Armed Services. tion’s report entitled, ‘‘Annual Energy Out- Mr. CHILDERS. Mr. Chairman, I 8403. A letter from the Chief Counsel, look 2008,’’ pursuant to Public Law 110-140; to move that the House do now adjourn. FEMA, Department of Homeland Security, the Committee on Energy and Commerce. The motion was agreed to; accord- transmitting the Department’s final rule — 8410. A letter from the Administrator, De- Changes in Flood Elevation Determinations partment of Energy, Energy Information Ad- ingly (at 12 o’clock and 30 minutes [Docket No. FEMA-B-7797] received Sep- ministration, transmitting the Administra- a.m.), the House adjourned until today, tember 8, 2008, pursuant to 5 U.S.C. tion’s report entitled, ‘‘Annual Energy Re- Wednesday, September 17, 2008, at 10 801(a)(1)(A); to the Committee on Financial view 2007’’; to the Committee on Energy and a.m. Services. Commerce.

VerDate Aug 31 2005 06:27 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00143 Fmt 4634 Sfmt 0634 E:\CR\FM\A16SE7.094 H16SEPT1 jbell on PROD1PC69 with HOUSE H8274 CONGRESSIONAL RECORD — HOUSE September 16, 2008 8411. A letter from the Assistant Legal Ad- reports prepared by the Department of State Threat Assessment 2008’’; to the Committee viser for Treaty Affairs, Department of on a weekly basis for the June 15- August 15, on the Judiciary. State, transmitting Copies of international 2008 period including matters relating to 8433. A letter from the President, National agreements, other than treaties, entered into post-liberation Iraq under Section 7 of the Council on Radiation Protection and Meas- by the United States, pursuant to 1 U.S.C. Iraq Liberation Act of 1998 (Pub. L. 105-338); urements, transmitting the Council’s ‘‘Audit 112b; to the Committee on Foreign Affairs. to the Committee on Foreign Affairs. of Federal Awards A-133 for the National 8412. A letter from the Assistant Legal Ad- 8422. A letter from the Secretary General, Council on Radiation Protection and Meas- viser for Treaty Affairs, Department of Organization for Security and Cooperation in urements’’ from July 14, 2008; to the Com- State, transmitting Copies of international Europe, Parliamentary Assembly, transmit- mittee on the Judiciary. agreements, other than treaties, entered into ting the Astana Declaration and Resolutions 8434. A letter from the Chief Justice, Su- by the United States, pursuant to 1 U.S.C. adopted on July 3, 2008 at the Seventeenth preme Court of the United States, transmit- 112b; to the Committee on Foreign Affairs. Annual Session of the Organization for Secu- ting notification that the Supreme Court 8413. A letter from the Chair, Commission rity and Co-operation in Europe Parliamen- will open the October 2008 Term on Monday on International Religious Freedom, trans- tary Assembly, pursuant to Public Law 102- October 6, 2008 and will continue until all mitting the Commission’s 2008 Annual Re- 138, section 169(e) (105 Stat. 679); to the Com- matters before the Court ready for argument port covering the period May 2007 through mittee on Foreign Affairs. have been disposed of or decided; to the Com- April 2008; to the Committee on Foreign Af- 8423. A letter from the Chief Financial Offi- mittee on the Judiciary. fairs. cer, Department of Housing and Urban De- 8435. A letter from the Chief United States 8414. A letter from the Assistant Secretary velopment, transmitting the Department’s Bankruptcy Judge, United States Bank- For Export Administration, Department of final set of amendments to the Department’s ruptcy Court, transmitting the 2007 Annual Commerce, transmitting the Department’s Fiscal Year 2008 Annual Performance Plan; Report for the United States Bankruptcy final rule — Clarification of the Classifica- to the Committee on Oversight and Govern- Court for the Central District of California; tion of Crew Protection Kits on the Com- ment Reform. to the Committee on the Judiciary. merce Control List, pursuant to 5 U.S.C. 8424. A letter from the Deputy White House 8436. A letter from the Secretary, Depart- 801(a)(1)(A); to the Committee on Foreign Af- Liaison, Department of Justice, transmit- ment of Transportation, transmitting the fairs. ting a report pursuant to the Federal Vacan- Department’s fourth report on the breakdown of the disability-related complaints 8415. A letter from the Assistant Secretary cies Reform Act of 1998; to the Committee on that U.S. and foreign passenger air carriers For Export Administration, Department of Oversight and Government Reform. Commerce, transmitting the Department’s 8425. A letter from the Director, Office of operating to and from the U.S. received dur- final rule — Addition of Kosovo in the Ex- National Drug Control Policy, transmitting ing 2007, pursuant to Section 707 of the Wen- port Administration Regulations [Docket the Office’s report entitled, ‘‘Fiscal Year 2007 dell H. Ford Aviation Investment and Re- No. 080717846-8879-01] (RIN: 0694-AE34) re- Performance Summary Report,’’ pursuant to form Act for the 21st Century; to the Com- mittee on Transportation and Infrastruc- ceived September 8, 2008, pursuant to 5 P.L. 105-277 (Div. C-Title VII), section 705(d); ture. U.S.C. 801(a)(1)(A); to the Committee on For- to the Committee on Oversight and Govern- 8437. A letter from the National Ombuds- eign Affairs. ment Reform. man and Assistant Administrator for Regu- 8416. A letter from the Acting Assistant 8426. A letter from the Special Counsel, Of- latory Enforcement Fairness, Small Business Secretary Legislative Affairs, Department of fice of Special Counsel, transmitting the Of- Administration, transmitting the National State, transmitting a proposed removal from fice’s FY 2007 Annual Report, pursuant to 5 Ombudsman’s Annual Report to Congress; to the United States Munitions list of vessels U.S.C. 1218; to the Committee on Oversight the Committee on Small Business. for the containment and transportation of and Government Reform. 8438. A letter from the Chairman, Inter- explosive devices that have primary applica- 8427. A letter from the Acting Deputy As- national Trade Commission, transmitting a tions in law enforcement and security, pur- sistant Secretary for Policy and Economic report entitled, ‘‘The Year in Trade 2007,’’ suant to Section 38(f) of the Arms Export Development, Department of the Interior, pursuant to Section 163(c) of the Trade Act Control Act; to the Committee on Foreign transmitting the Department’s proposed of 1974; to the Committee on Ways and Affairs. plan with respect to the award entered in the Means. 8417. A letter from the Acting Assistant compromise and settlement of claims under 8439. A letter from the Secretary, Depart- Secretary Legislative Affairs, Department of Pueblo of San Ildefonso v. United States, No. ment of Agriculture, transmitting the De- State, transmitting a proposed technical as- 660-87L, United States Court of Federal partment’s pilot project status report for fis- sistance agreement for the export of tech- Claims, pursuant to Public Law 109-286, sec- cal year 2007 to implement the Quincy Li- nical data, defense services, and defense arti- tion 14; to the Committee on Natural Re- brary Group’s forest management proposal cles in the amount of $50,000,000 or more, pur- sources. on designated lands in the Plumas, Lassen, suant to Section 36(c) of the Arms Export 8428. A letter from the Acting Assistant and Tahoe National Forests, pursuant to Control Act; to the Committee on Foreign Administrator for Fisheries, NMFS, National Public Law 105-277; jointly to the Commit- Affairs. Oceanic and Atmospheric Administration, tees on Natural Resources and Agriculture. 8418. A letter from the Acting Assistant transmitting the Administration’s final rule 8440. A letter from the Assistant Regional Secretary Legislative Affairs, Department of — Atlantic Highly Migratory Species (HMS); Solicitor, Department of the Interior, trans- State, transmitting certification of a pro- Atlantic Shark Management Measures mitting the Department’s ‘‘Answer to Mo- posed license for the export of defense arti- [Docket No. 0612242866-8888-03] (RIN: 0648- tion to Clarify Record of Modesto and cles that are firearms controlled under Cat- AU89) received September 8, 2008, pursuant Turlock Irrigation Districts’’; jointly to the egory 1 ofthe United States Munition List to 5 U.S.C. 801(a)(1)(A); to the Committee on Committees on Natural Resources and En- (Transmittal No. DTC 063-08), pursuant to Natural Resources. ergy and Commerce. Section 36(c) of the Arms Export Control 8429. A letter from the Citizenship & Immi- 8441. A letter from the Associate Deputy Act; to the Committee on Foreign Affairs. gration Services Ombudsman, Department of Secretary, Department of the Interior, trans- 8419. A letter from the Acting Assistant Homeland Security, transmitting the Annual mitting the Department’s annual report to Secretary Legislative Affairs, Department of Report of the Citizenship and Immigration Congress on the CALFED Bay-Delta Pro- State, transmitting the Department’s annual Services for Fiscal Year 2008, pursuant to gram entitled, ‘‘2007 Calfed Annual Report,’’ report on the extent and disposition of Section 452(c)(1) of the Homeland Security pursuant to Public Law 108-361, section United States contributions to international Act; to the Committee on the Judiciary. 105(a)(1); jointly to the Committees on Nat- organizations for fiscal year 2007, pursuant 8430. A letter from the Principal Deputy ural Resources and Transportation and In- to 22 U.S.C. 287b(b), section 405(b); to the Assistant Attorney General, Department of frastructure. Committee on Foreign Affairs. Justice, transmitting a legislative proposal, 8442. A letter from the Secretary, Depart- 8420. A letter from the Under Secretary of entitled ‘‘The Foreign Agents Registration ment of Energy, transmitting the Depart- State for Political Affairs, Department of Technical Amendments Act of 2008’’; to the ment’s ‘‘2008 Annual Plan for the Ultra-Deep- State, transmitting the Department’s eighth Committee on the Judiciary. water and Unconventional Natural Gas and report covering current military, diplomatic, 8431. A letter from the Deputy Assistant Other Petroleum Resources Research and political and economic measures that are Administrator Deputy Chief of Operations Development Program,’’ pursuant to Public being or have been undertaken to complete Office of Diversion Control, Department of Law 109-58, section 999B(e)(3); jointly to the our mission in Iraq successfully, pursuant to Justice, transmitting the Department’s final Committees on Science and Technology and Public Law 109-163 , section 1227; to the Com- rule — Elimination of Exemptions for Chem- Natural Resources. mittee on Foreign Affairs. ical Mixtures Containing the List I Chemi- f 8421. A letter from the Acting Assistant cals Ephedrine and/or Pseudoephedrine Secretary for Legislative Affairs, Depart- [Docket No. DEA-284F] (RIN: 1117-AB11) re- REPORTS OF COMMITTEES ON ment of State, transmitting consistent with ceived August 19, 2008, pursuant to 5 U.S.C. PUBLIC BILLS AND RESOLUTIONS the Authorization for Use of Military Force 801(a)(1)(A); to the Committee on the Judici- Against Iraq Resolution of 2002 (Pub. L. 107 ary. Under clause 2 of rule XIII, reports of -243), the Authorization for the Use of Force 8432. A letter from the Director, Depart- committees were delivered to the Clerk Against Iraq Resolution (Pub. L. 102-1), and ment of Justice, transmitting the Depart- for printing and reference to the proper in order to keep the Congress fully informed, ment’s report entitled ‘‘Indian Country Drug calendar, as follows:

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Ms. CASTOR: Committee on Rules. House By Mr. BERMAN (for himself, Ms. ROS- Ms. GRANGER, Mr. CANTOR, Mr. COLE Resolution 1441. Resolution providing for LEHTINEN, Mr. HASTINGS of Florida, of Oklahoma, Mr. PUTNAM, Mr. AKIN, consideration of the bill (H.R. 3036) to amend Mr. SMITH of New Jersey, Mr. Mrs. BACHMANN, Mr. BILIRAKIS, Mrs. the Elementary and Secondary Education WEXLER, Ms. SCHWARTZ, and Mr. SHU- BLACKBURN, Mr. BONNER, Mr. BRADY Act of 1965 regarding environmental edu- STER): of Texas, Mr. BURGESS, Mr. CAMP of cation, and for other purposes (Rept. 110–854). H.R. 6911. A bill to authorize assistance to Michigan, Mrs. CAPITO, Mr. CONAWAY, Referred to the House Calendar. meet the urgent humanitarian needs of the Mr. FORTENBERRY, Mr. HAYES, Mr. Mr. GORDON of Tennessee: Committee on people of Georgia, and for other purposes; to HERGER, Mr. MANZULLO, Mr. MCHUGH, Science and Technology. H.R. 6323. A bill to the Committee on Foreign Affairs. Mrs. MCMORRIS RODGERS, Mr. NUNES, establish a research, development, dem- By Mr. BOSWELL (for himself, Mr. Mr. PLATTS, Mr. RADANOVICH, Mr. onstration, and commercial application pro- LOEBSACK, Mrs. BOYDA of Kansas, Mr. RENZI, Mr. TERRY, Mr. TIBERI, Mr. gram to promote research of appropriate SKELTON, Mrs. EMERSON, and Mr. KLINE of Minnesota, Mr. ENGLISH of technologies for heavy duty plug-in hybrid BERRY): Pennsylvania, Mrs. SCHMIDT, Mr. vehicles, and for other purposes; with an H.R. 6912. A bill to amend title XVIII of the WESTMORELAND, Mr. HALL of Texas, amendment (Rept. 110–855). Referred to the Social Security Act to provide for temporary Mr. MCCRERY, Mr. RYAN of Wis- Committee of the Whole House on the State improvements to the Medicare inpatient hos- consin, Mr. KUHL of New York, Mrs. of the Union. pital payment adjustment for low-volume MYRICK, Mr. GRAVES, Mr. SHUSTER, Mr. OBERSTAR: Committee on Transpor- hospitals and to provide for the use of the Mr. MCCARTHY of California, Mr. tation and Infrastructure. House Resolution non-wage adjusted PPS rate under the Medi- GARRETT of New Jersey, Mr. PRICE of 1376. Resolution commemorating the 80th an- care-dependent hospital (MDH) program, and Georgia, Mr. BACHUS, Mr. GOODE, Mr. niversary of the Okeechobee Hurricane of for other purposes; to the Committee on DAVIS of Kentucky, Mr. WILSON of September 1928 and its associated tragic loss Ways and Means, and in addition to the Com- South Carolina, Ms. FALLIN, Mr. of life; with amendments (Rept. 110–856). Re- mittee on Energy and Commerce, for a pe- WALBERG, Mr. DANIEL E. LUNGREN of ferred to the House Calendar. riod to be subsequently determined by the California, Mr. SMITH of Texas, Mr. Mr. FRANK of Massachusetts: Committee Speaker, in each case for consideration of LAMBORN, Mr. MCCAUL of Texas, Mr. on Financial Services. H.R. 5244. A bill to such provisions as fall within the jurisdic- PETERSON of Pennsylvania, Mr. amend the truth in Lending Act to establish tion of the committee concerned. MCHENRY, Mr. LINDER, Mr. GINGREY, fair and transparent practices relating to the By Mr. FLAKE: Mr. ROSKAM, Ms. FOXX, Mr. PITTS, extension of credit under an open end con- H.R. 6913. A bill to provide that no funds Mrs. MUSGRAVE, Mr. BROUN of Geor- made available to the Department of Com- sumer credit plan, and for other purposes; gia, Mr. BOOZMAN, Mr. TIAHRT, Mrs. merce may be used to implement, admin- with an amendment (Rept. 110–857). Referred WILSON of New Mexico, Mr. JORDAN, ister, or enforce certain amendments made to the Committee of the Whole House on the Mr. SULLIVAN, Mr. POE, Mr. SCALISE, to regulations relating to license exemptions State of the Union. Mr. GOHMERT, Mr. YOUNG of Alaska, Mr. WAXMAN: Committee on Oversight for gift parcels and humanitarian donations Mr. BISHOP of Utah, Mr. SAM JOHNSON and Government Reform. Misleading Infor- for Cuba; to the Committee on Foreign Af- of Texas, Mr. HOEKSTRA, Mr. PENCE, mation from the Battlefield: The Tillman fairs. Mr. CALVERT, Mr. BROWN of South and Lynch Episodes (Rept. 110–858). Referred By Mr. HOLT: Carolina, Mr. LATOURETTE, Mr. H.R. 6914. A bill to amend the Internal Rev- to the Committee of the Whole House on the WELDON of Florida, and Mr. SIMPSON): enue Code of 1986 to extend certain renew- State of the Union. H. Con. Res. 417. Concurrent resolution ex- able energy provisions for 10 years, and for pressing the sense of the Congress that the f other purposes; to the Committee on Ways 110th Congess should not adjourn until com- PUBLIC BILLS AND RESOLUTIONS and Means. prehensive energy legislation has been en- By Mr. HOLT: acted; to the Committee on Natural Re- Under clause 2 of rule XII, public H.R. 6915. A bill to amend the Internal Rev- sources, and in addition to the Committees bills and resolutions of the following enue Code of 1986 to extend the alternative on Energy and Commerce, Science and Tech- titles were introduced and severally re- motor vehicle credit for 10 years, and for nology, and Ways and Means, for a period to ferred, as follows: other purposes; to the Committee on Ways be subsequently determined by the Speaker, and Means. in each case for consideration of such provi- By Mr. BURGESS (for himself and Mr. By Mr. JEFFERSON (for himself and STUPAK): sions as fall within the jurisdiction of the Mr. MELANCON): H.R. 6908. A bill to require that limitations committee concerned. H.R. 6916. A bill to amend the Robert T. By Mrs. MCCARTHY of New York (for and restrictions on coverage under group Stafford Disaster Relief and Emergency As- health plans be timely disclosed to group herself, Mr. PLATTS, Ms. WOOLSEY, sistance Act to authorize the President to Ms. HIRONO, Ms. BALDWIN, Ms. health plan sponsors and timely commu- provide assistance to individuals and house- nicated to participants and beneficiaries BORDALLO, Mr. CHILDERS, Mr. MCGOV- holds that are required to evacuate their pri- ERN, Mr. HINCHEY, Mr. ELLISON, Mr. under such plans in a form that is easily un- mary residences as a result of a major dis- derstandable; to the Committee on Energy DOYLE, Mr. FILNER, Mr. CLEAVER, Mr. aster; to the Committee on Transportation VAN HOLLEN, Mr. GRIJALVA, Mr. and Commerce, and in addition to the Com- and Infrastructure. mittees on Education and Labor, and Ways ENGLISH of Pennsylvania, Ms. By Mr. LAMBORN (for himself and Mr. CORRINE BROWN of Florida, and Mr. and Means, for a period to be subsequently SMITH of Texas): determined by the Speaker, in each case for TOWNS): H.R. 6917. A bill to amend the Wilderness H. Res. 1440. A resolution expressing sup- consideration of such provisions as fall with- Act to allow recreation organizations to port for designation of the month of October in the jurisdiction of the committee con- cross wilderness areas on established trails, as ‘‘National Work and Family Month’’; to cerned. and for other purposes; to the Committee on the Committee on Education and Labor. By Mr. PORTER: Natural Resources. By Mr. BURTON of Indiana (for him- H.R. 6909. A bill to direct the Secretary of By Mr. COBLE (for himself and Mr. self, Ms. BEAN, Mr. CHABOT, and Mr. the Interior to give priority to consideration STUPAK): DAVIS of Illinois): of applications for permits and other author- H. Con. Res. 415. Concurrent resolution H. Res. 1442. A resolution supporting and izations required for renewable energy celebrating 75 years of effective State-based congratulating the people of Serbia on the projects on Federal public land, and for other alcohol regulation and recognizing State formation of a new coalition government; to purposes; to the Committee on Natural Re- lawmakers, regulators, law enforcement offi- the Committee on Foreign Affairs. sources. cers, the public health community and in- By Mr. DEFAZIO (for himself, Mr. FIL- By Mr. PRICE of Georgia: dustry members for creating a workable, NER, Mr. WAXMAN, Mr. BLUMENAUER, H.R. 6910. A bill to establish a monetary legal, and successful system of alcoholic bev- Mr. REICHERT, Mr. THOMPSON of Cali- prize for achievements in overcoming sci- erage regulation, distribution, and sale; to fornia, Mr. INSLEE, Mr. WU, and Mr. entific and technical barriers associated the Committee on the Judiciary. MCDERMOTT): with the development and production of al- By Mr. BOUCHER (for himself, Mr. H. Res. 1443. A resolution recognizing the ternative fuel vehicles, to remove certain re- WOLF, Mr. SCOTT of Virginia, Mr. 40th anniversary of the National Trails Sys- strictions on the exploration, development, GOODLATTE, Mr. MORAN of Virginia, tem Act and the Pacific Crest National Sce- and production of mineral resources on Fed- Mr. GOODE, Mr. CANTOR, Mr. TOM nic Trail; to the Committee on Natural Re- eral lands, and to use the resulting Federal DAVIS of Virginia, Mr. FORBES, Mrs. sources. revenue to fund the monetary prize and re- DRAKE, and Mr. WITTMAN of Vir- By Mr. ENGLISH of Pennsylvania: duce the public debt; to the Committee on ginia): H. Res. 1444. A resolution expressing the Science and Technology, and in addition to H. Con. Res. 416. Concurrent resolution Sense of the House of Representatives that the Committee on Natural Resources, for a commending Barter Theatre on the occasion the Susquehanna River Basin Commission period to be subsequently determined by the of its 75th anniversary; to the Committee on should carefully consider the energy needs of Speaker, in each case for consideration of Education and Labor. the United States and the conomic develop- such provisions as fall within the jurisdic- By Mr. MCCOTTER (for himself, Mr. ment needs of the region before limiting nat- tion of the committee concerned. BOEHNER, Mr. BLUNT, Mr. CARTER, ural gas exploration and development in the

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Marcellus Shale formation; to the Com- H.R. 5174: Mr. OLVER. H.R. 6702: Mr. MCGOVERN. mittee on Transportation and Infrastruc- H.R. 5461: Mr. CARNAHAN. H.R. 6706: Mr. MCHUGH. ture. H.R. 5611: Mr. FRANK of Massachusetts. H.R. 6707: Mr. HOLDEN and Ms. NORTON. By Mr. KILDEE (for himself, Mr. DIN- H.R. 5615: Mr. TERRY. H.R. 6709: Mr. BOSWELL, Mrs. MUSGRAVE, GELL, Mr. ROGERS of Michigan, Mrs. H.R. 5635: Mr. TIBERI and Mr. PITTS. and Mrs. BIGGERT. MILLER of Michigan, Ms. SUTTON, Mr. H.R. 5672: Ms. GRANGER. H.R. 6728: Ms. CORRINE BROWN of Florida. EHLERS, Mr. KNOLLENBERG, Ms. KAP- H.R. 5734: Mr. LOEBSACK, Mr. SCHIFF, Ms. H.R. 6771: Mr. FORBES. TUR, Mr. LEVIN, Mr. STUPAK, Mr. SHEA-PORTER, Mr. SERRANO, and Mr. BER- H.R. 6853: Mr. HASTINGS of Florida, Mr. CAMP of Michigan, Mr. HOEKSTRA, MAN. MARIO DIAZ-BALART of Florida, Ms. ROS- Mr. MCCOTTER, Mr. WALBERG, Mr. H.R. 5748: Mr. JONES of North Carolina. LEHTINEN, Ms. GINNY BROWN-WAITE of Flor- UPTON, Ms. KILPATRICK, Mr. VIS- H.R. 5782: Mr. SCALISE. ida, Mr. KELLER, Mr. LINCOLN DIAZ-BALART CLOSKY, and Mr. CONYERS): H.R. 5793: Mr. CRENSHAW, Mr. PASCRELL, of Florida, Mr. HINCHEY, and Ms. WASSERMAN H. Res. 1445. A resolution commending the Mrs. BIGGERT, Ms. GRANGER, Mr. LEWIS of SCHULTZ. General Motors Corporation on the occasion Kentucky, Mr. RENZI, Mr. SCALISE, and Mr. H.R. 6856: Mr. CHANDLER. of its 100th anniversary; to the Committee COBLE. H.R. 6864: Mr. GOHMERT, Mr. WELCH of on Energy and Commerce. H.R. 5823: Mr. MCNULTY, Mr. LATHAM, Mr. Vermont, Mr. HERGER, Mr. MCCOTTER, and By Mr. SIRES (for himself, Ms. WU, and Mr. MORAN of Virginia. Mr. CARTER. H.R. 5842: Mr. STARK, Mr. CAPUANO, Mr. WASSERMAN SCHULTZ, Mr. PAYNE, and H.R. 6873: Mr. YOUNG of Florida, Mr. THOMPSON of California, and Mr. OLVER. Mr. PASTOR): TIERNEY, Mr. KING of New York, Mr. BILI- H. Res. 1446. A resolution expressing the H.R. 5843: Mr. STARK. RAKIS, Mr. KIRK, Mr. COSTELLO, Mr. THOMP- H.R. 5901: Mr. BISHOP of New York, Mr. importance of swimming lessons and recog- SON of California, and Mr. MORAN of Kansas. SCOTT of Virginia, and Mr. MEEK of Florida. nizing the danger of drowning in the United H.R. 6884: Ms. SCHWARTZ. H.R. 5925: Mr. MCGOVERN. States, especially among minority children; H.R. 6885: Mr. ARCURI. H.R. 5946: Mr. GUTIERREZ. to the Committee on Energy and Commerce. H.R. 6895: Mr. ISSA. H.R. 5954: Mr. BISHOP of Georgia. By Mr. SOUDER (for himself and Mr. H.R. 6905: Ms. BALDWIN and Mr. TOWNS. H.R. 6023: Mr. SCALISE, Mr. MARIO DIAZ- RUPPERSBERGER): H. Con. Res. 284: Mr. WAMP. BALART of Florida, and Mr. GOODLATTE. H. Res. 1447. A resolution supporting the H. Con. Res. 294: Mr. BISHOP of Georgia. H.R. 6066: Mr. MILLER of North Carolina, goals and ideals of Red Ribbon Week; to the H. Con. Res. 357: Mrs. BIGGERT. Mr. GUTIERREZ, Mr. MORAN of Virginia, and Committee on Energy and Commerce. H. Con. Res. 362: Ms. PRYCE of Ohio and Mr. Mrs. CHRISTENSEN. WELDON of Florida. ADDITIONAL SPONSORS H.R. 6070: Mr. CAZAYOUX, Mr. SCALISE, and H. Con. Res. 393: Mrs. BLACKBURN. Under clause 7 of rule XII, sponsors Mr. MCINTYRE. H. Con. Res. 397: Mr. SHAYS, Mr. MORAN of were added to public bills and resolu- H.R. 6126: Ms. MATSUI and Ms. LEE. Virginia, Mr. GRIJALVA, Mr. FARR, Mrs. H.R. 6146: Mr. KING of New York. tions as follows: MALONEY of New York, Mr. BURTON of Indi- H.R. 6163: Ms. MATSUI and Mr. SALAZAR. ana, Ms. WATSON, Ms. WOOLSEY, Mr. MAR- H.R. 74: Mr. RUPPERSBERGER. H.R. 6170: Mr. ROGERS of Kentucky. SHALL, Ms. SCHAKOWSKY, Ms. GIFFORDS, Mr. H.R. 154: Mr. GONZALEZ. H.R. 6172: Mr. WALDEN of Oregon, Ms. PLATTS, Mr. TOM DAVIS of Virginia, Mr. H.R. 219: Mr. FEENEY. HIRONO, Mr. DEAL of Georgia, and Mr. TERRY. MCGOVERN, and Mr. KLEIN of Florida. H.R. 522: Mr. MORAN of Virginia. H.R. 6201: Mr. ROSS. H. Con. Res. 407: Mr. PAYNE. H.R. 543: Mr. BAIRD. H.R. 6220: Mr. CRENSHAW. H. Con. Res. 411: Mr. MCHUGH and Mr. H.R. 715: Mr. WEXLER, Mr. KLEIN of Flor- H.R. 6233: Mr. BISHOP of Utah, Mr. COBLE. ida, and Mr. SERRANO. GALLEGLY, Mr. KLINE of Minnesota, Mr. H. Res. 101: Mr. CARSON. H.R. 741: Mr. BOSWELL and Ms. DEGETTE. BRADY of Pennsylvania, Mr. SMITH of Wash- H. Res. 672: Mr. MILLER of North Carolina. H.R. 1014: Mr. WITTMAN of Virginia and Mr. ington, and Mr. ORTIZ. H. Res. 925: Mrs. MUSGRAVE. SCALISE. H.R. 6268: Mr. BISHOP of Georgia. H. Res. 1042: Mr. PENCE, Mr. DENT, Mr. H.R. 1029: Mr. LARSON of Connecticut, Ms. H.R. 6293: Mr. FORBES, Mr. WESTMORELAND, SAXTON, Mr. LATHAM, Mr. GARY G. MILLER of MCCOLLUM of Minnesota, Mr. SHAYS, and Mr. and Mr. CRENSHAW. California, Mr. ISSA, Mr. CALVERT, Mr. BART- RAMSTAD. H.R. 6363: Mr. FILNER. LETT of Maryland, Mr. BURGESS, Mr. BROUN H.R. 1246: Mr. BACA. H.R. 6371: Mr. WILSON of Ohio. of Georgia, Mr. GINGREY, Mr. BILBRAY, Mr. H.R. 1279: Mr. SNYDER. H.R. 6379: Mr. HENSARLING. SNYDER, Mr. BERMAN, Mr. KINGSTON, Mr. H.R. 1280: Mr. GERLACH and Mr. CONYERS. H.R. 6387: Mr. CROWLEY. H.R. 1283: Mr. BILIRAKIS and Mr. WITTMAN H.R. 6411: Mr. MITCHELL. MARIO DIAZ-BALART of Florida, Ms. ROS- of Virginia. H.R. 6439: Mr. BISHOP of Georgia, Mr. LEHTINEN, Mr. WESTMORELAND, Mr. PETER- H.R. 1295: Mr. MCINTYRE. SALAZAR, and Mr. MAHONEY of Florida. SON of Pennsylvania, Mr. SMITH of Nebraska, H.R. 1576: Mr. FRELINGHUYSEN. H.R. 6485: Ms. LINDA T. SA´ NCHEZ of Cali- Mr. SALI, Mr. ENGLISH of Pennsylvania, Mr. H.R. 1643: Mr. BISHOP of New York. fornia, Mr. WU, Mr. MCGOVERN, Mr. TERRY, ROGERS of Michigan, Mrs. BIGGERT, and Mr. H.R. 1650: Mr. KLINE of Minnesota. Mrs. CAPITO, Mr. MCHUGH, and Mr. OLVER. GOHMERT. H.R. 1655: Mr. KENNEDY. H.R. 6512: Mr. FEENEY and Mr. DEAL of H. Res. 1064: Mr. DOYLE, Mr. MEEKS of New H.R. 1691: Mr. CONYERS. Georgia. York, Mr. PLATTS, and Mr. REYNOLDS. H.R. 1738: Mr. REYNOLDS and Mr. RUSH. H.R. 6548: Mr. BURTON of Indiana. H. Res. 1258: Mr. ELLISON. H.R. 1767: Mr. LINDER, Mr. LAMPSON, and H.R. 6566: Mr. HULSHOF and Mrs. BIGGERT. H. Res. 1268: Ms. WOOLSEY, Mr. MORAN of Mr. FORBES. H.R. 6567: Mr. ALLEN and Ms. DEGETTE. Virginia, Mr. SHULER, Mr. MCDERMOTT, and H.R. 1953: Mr. ABERCROMBIE. H.R. 6568: Mr. WATT, Mr. BISHOP of New Mr. MCCOTTER. H.R. 2066: Mr. BISHOP of New York. York, Mr. ENGLISH of Pennsylvania, and Mr. H. Res. 1303: Mr. MORAN of Virginia. H.R. 2188: Mr. SIMPSON. TIERNEY. H. Res. 1306: Mr. GARRETT of New Jersey. H.R. 2391: Mr. ALTMIRE. H.R. 6581: Mr. LINCOLN DIAZ-BALART of H. Res. 1335: Mr. SHAYS and Mr. BISHOP of H.R. 2468: Mr. BERRY, Mr. MURTHA, and Mr. Florida. Georgia. SCOTT of Virginia. H.R. 6594: Mr. MCHUGH and Mr. REYNOLDS. H. Res. 1345: Mr. GRIJALVA. H.R. 2994: Mrs. MYRICK and Mr. WAXMAN. H.R. 6598: Mr. NEAL of Massachusetts, Mr. H. Res. 1364: Mr. AKIN, Mr. BISHOP of Utah, H.R. 3186: Mr. BRALEY of Iowa. TIERNEY, Mr. CLEAVER, and Mr. OLVER. Mr. MARSHALL and Mr. DENT. H.R. 3326: Mrs. TAUSCHER, Mrs. LOWEY, Mr. H.R. 6646: Mr. LINDER, Mr. SOUDER, and Mr. H. Res. 1377: Mr. SHERMAN. MILLER of North Carolina, Mr. MORAN of Vir- FRANK of Massachusetts. H. Res. 1379: Mr. FATTAH, Ms. CLARKE, Mr. ginia, and Ms. EDDIE BERNICE JOHNSON of H.R. 6651: Mr. HINCHEY, Mrs. CHRISTENSEN, FRANK of Massachusetts, and Ms. MCCOLLUM Texas. Ms. MOORE of Wisconsin, and Mr. SIRES. of Minnesota. H.R. 3402: Mr. GONZALEZ. H.R. 6654: Mr. CHILDERS and Mr. HINCHEY. H. Res. 1381: Ms. SCHAKOWSKY, Mr. ROYCE, H.R. 3404: Ms. SLAUGHTER and Mr. BISHOP H.R. 6680: Mr. RYAN of Ohio and Mrs. Mrs. EMERSON, Mr. SHAYS, Mr. REGULA, Mr. of New York. CHRISTENSEN. CRENSHAW, Mr. WATT, Mr. BUTTERFIELD, Mr. H.R. 3458: Mr. BISHOP of Georgia and Mr. H.R. 6691: Mr. WITTMAN of Virginia, Mr. LEWIS of Georgia, Ms. EDDIE BERNICE JOHN- CARNAHAN. BILIRAKIS, Mrs. CUBIN, Mr. CRENSHAW, Mr. SON of Texas, Ms. CORRINE BROWN of Florida, H.R. 3479: Mr. CALVERT. KELLER, Mr. MACK, Mr. HENSARLING, Mr. Ms. WATSON, Mr. PRICE of North Carolina, H.R. 3544: Mr. UPTON. STEARNS, Mr. MCHENRY, Mr. DENT, Mr. HELL- Mr. ROTHMAN, Mr. CAPUANO, Mr. WEXLER, H.R. 3679: Mrs. MUSGRAVE. ER, Mr. TERRY, Mr. DEAL of Georgia, and Mr. Mr. WU, Mr. OLVER, Mrs. TAUSCHER, Ms. H.R. 3820: Mr. BILBRAY. BARTLETT of Maryland. MATSUI, Mr. BERRY, Ms. HOOLEY, Ms. H.R. 4236: Mr. GORDON. H.R. 6694: Ms. WASSERMAN SCHULTZ, Mr. WASSERMAN SCHULTZ, Mrs. MALONEY of New H.R. 4464: Mr. CARTER. BACA, Mr. DANIEL E. LUNGREN of California, York, Mr. JOHNSON of Georgia, Ms. CLARKE, H.R. 4851: Mr. GEORGE MILLER of Cali- and Mr. LARSEN of Washington. Mr. HINCHEY, Mr. PALLONE, Mr. SERRANO, Ms. fornia. H.R. 6696: Mr. FORTUN˜ O, Mrs. CAPITO, Mr. JACKSON-LEE of Texas, Mr. COSTA, Mr. H.R. 5131: Mr. PUTNAM, Mr. PORTER, and EHLERS, Mr. FRANKS of Arizona, and Mr. COSTELLO, Mr. NEAL of Massalhusetts, Mr. Mr. ALTMIRE. HOEKSTRA. HARE, Ms. KAPTUR, Mr. MOLLOHAN, Ms.

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SCHWARTZ, Mr. BOREN, Mr. BLUMENAUER, Mr. H. Res. 1392: Ms. EDDIE BERNICE JOHNSON of SENSENBRENNER, Mr. WALSH of New York, GEORGE MILLER of California, Mr. INSLEE, Texas and Mr. FORTENBERRY. and Mr. CULBERSON. Mrs. LOWEY, Mr. KIRK, Mr. MCDERMOTT, and H. Res. 1397: Mr. ELLISON and Mr. ALLEN. H. Res. 1428: Mr. COOPER, Mr. ENGLISH of Ms. SOLIS. H. Res. 1413: Mr. HARE, Mr. COURTNEY, Mr. Pennsylvania, Ms. BALDWIN, Mr. LAMPSON, PALLONE, Mr. HONDA, Mr. BACA, Mr. H. Res. 1382: Ms. EDDIE BERNICE JOHNSON of Mr. HOLDEN, Mr. TANNER, Mr. PETERSON of HINOJOSA, Mr. SIRES, Mr. VAN HOLLEN, Mr. Texas, Mr. GILCHREST, Mr. FILNER, Mrs. Minnesota, and Ms. DELAURO. MCDERMOTT, Ms. SHEA-PORTER, Ms. MOORE TAUSCHER, Mr. MORAN of Kansas, Mrs. H. Res. 1435: Mr. WOLF and Mr. GUTIERREZ. of Wisconsin, Mrs. NAPOLITANO, Ms. LEE, Mr. NAPOLITANO, Mr. HAYES, Mr. LIPINSKI, Mr. H. Res. 1436: Mr. SHULER, Mr. ORTIZ, Mr. CLEAVER, Ms. WOOLSEY, Mrs. CHRISTENSEN, BROWN of South Carolina, Mr. CARNEY, Mrs. MOORE of Kansas, Mr. DOYLE, Mr. CARNEY, Mr. CARSON, Ms. CLARKE, and Ms. KAPTUR. CAPITO, Mr. COHEN, Mr. POE, Ms. EDWARDS of H. Res. 1414: Mr. SARBANES and Mr. FILNER. Mr. MCGOVERN, Mr. TANNER, Mr. WESTMORE- Maryland, and Mrs. MILLER of Michigan. H. Res. 1418: Ms. BALDWIN and Mr. MOORE LAND, Mr. EDWARDS of Texas, Mr. HONDA, Mr. H. Res. 1390: Mr. EHLERS, Mr. PUTNAM, Mr. of Kansas. JEFFERSON, Mr. COURTNEY, Mr. JONES of MOORE of Kansas, Mr. WILSON of Ohio, Mr. H. Res. 1427: Mr. GINGREY, Mr. WILSON of North Carolina, Mr. MCINTYRE, and Mr. CARNEY, Mr. HOLDEN, Mr. BOYD of Florida, South Carolina, Mr. KLINE of Minnesota, Mr. KAGEN. Mr. BOSWELL, Mr. SHULER, Mr. ARCURI, and BURGESS, Mr. WHITFIELD of Kentucky, Mr. H. Res. 1438: Mr. MARIO DIAZ-BALART of Mr. SNYDER. KINGSTON, Mr. CAMPBELL of California, Mr. Florida.

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Vol. 154 WASHINGTON, TUESDAY, SEPTEMBER 16, 2008 No. 147 Senate The Senate met at 10 a.m. and was appoint the Honorable JON TESTER, a Sen- With our financial markets reeling, called to order by the Honorable JON ator from the State of Nevada, to perform the American people are wondering TESTER, a Senator from the State of the duties of the Chair. whether they will lose their jobs, Montana. ROBERT C. BYRD, whether they will be able to pay their President pro tempore. child’s next tuition bill, and whether PRAYER Mr. TESTER thereupon assumed the their pension and retirement savings chair as Acting President pro tempore. The Chaplain, Dr. Barry C. Black, of- will be safe, or even whether their bank fered the following prayer: f will survive. Let us pray. RECOGNITION OF THE MAJORITY There is no reason to think we are Almighty God, who inhabits eternity, LEADER headed into an economic depression. I believe there is no reason to panic. Yet whose throne is in Heaven, whose foot- The ACTING PRESIDENT pro tem- stool is Earth, You are worthy to re- one Senator—JOHN MCCAIN—woke up pore. The majority leader is recog- yesterday morning, surveyed the state ceive our gratitude, worship, and nized. praise. We thank You for Your gracious of the U.S. economy, summoned the mercy and forgiveness when we fail and f ghost of his fellow Republican Herbert sin. We praise You for Your grace, THE ECONOMY Hoover, and declared: which is lavished upon us despite our The fundamentals of our economy are Mr. REID. Mr. President, on the strong. indifference, our pride, and our selfish- morning of October 30, 1929, President For whom are the fundamentals of ness. Lord, we worship You, we adore Herbert Hoover awoke the day after our economy strong? Certainly not the You, we glorify You. We humble our- the biggest one-day stock market crash 606,000 American people who have lost selves before You. Let Your presence be in American history, surveyed the felt today on Capitol Hill. Inspire our their jobs this year. Certainly it is not state of the U.S. economy and declared: strong for the commuters and truckers lawmakers to be examples in their The fundamental business of the country, who are sending more and more of words, faith, and purity. May this be a that is production and distribution of com- their hard-earned dollars overseas to day in which Your love is expressed in modities, is on a sound and prosperous basis. pay for fuel. Certainly our economy is their attitudes and actions. You are In the coming weeks and months not strong for those struggling to worthy, Lord God of the universe, after that, President Hoover remained make one paycheck last until the next, world without end. Amen. in an economic bubble, unaware of the with record home heating prices loom- f extreme suffering of ordinary Ameri- ing in the coming winter months, and cans—even declaring that anyone who PLEDGE OF ALLEGIANCE the price of oil teetering around $4 for questioned the state of the economy a gallon of gasoline. It is not strong for The Honorable JON TESTER led the was a ‘‘fool.’’ the cities and towns that have been Pledge of Allegiance, as follows: For Herbert Hoover, I guess igno- forced to cut back on police, schools, I pledge allegiance to the Flag of the rance was bliss. It wasn’t until the and firefighters because their tax base United States of America, and to the Repub- American people replaced this out-of- is shrinking. Certainly it is not strong lic for which it stands, one nation under God, touch Republican President with a indivisible, with liberty and justice for all. for the millions of families who have or Democrat, Franklin Delano Roosevelt, may soon lose their homes, or the tens f that our Nation’s economic recovery of millions who are seeing their home APPOINTMENT OF ACTING began. Yesterday, nearly 80 years after equity plummet. PRESIDENT PRO TEMPORE the Hoover administration took Amer- No matter what George Bush, JOHN The PRESIDING OFFICER. The ica with blissful ignorance into a de- MCCAIN, or the ghost of Herbert Hoover clerk will please read a communication pression, the Dow Jones industrial av- may think, this economy is not strong, to the Senate from the President pro erage dropped 504 points—the biggest and the American people deserve bet- one-day decline since trading opened tempore (Mr. BYRD). ter. The legislative clerk read the fol- after the attacks of 9/11. This is not a time for panic, but it is With one major investment bank lowing letter: a time to look back on the past 8 years headed for bankruptcy, and another of the Bush-Hoover-McCain economics U.S. SENATE, sold at a bargain-basement price, and and figure out what brought us to this PRESIDENT PRO TEMPORE, Washington, DC, September 16, 2008. one of the world’s largest insurance point so we don’t repeat the same mis- To the Senate: companies teetering, investors rushed takes. Under the provisions of rule I, section 3, of to sell their shares, and not only in The tragic truth is this disaster was the Standing Rules of the Senate, I hereby America but all over the world. avoidable. In its palpable disdain for

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

S8809

VerDate Mar 15 2010 22:10 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\2008SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8810 CONGRESSIONAL RECORD — SENATE September 16, 2008 all things relating to government, the Whether you call it Hoover econom- omy, and helps working people and sen- Bush-Cheney administration willfully ics, Bush economics, or McCain eco- ior citizens afford the costs of energy. neglected the Government’s most im- nomics, it is not a recipe for change; it I think the House of Representatives portant function, which is to safeguard is a recipe for more of the same. will pass the stimulus bill in the com- the American people from harm—not For all of the college students wor- ing days. I hope that today they pass only physical harm but economic ried about finding a job, the working the Energy bill. As I indicated to the harm. families who don’t know how they will distinguished Republican leader, we are In their simplistic philosophy of ‘‘big pay their bills—talking about families going to finish this Defense authoriza- business equals good, government and jobs, a man is coming to visit me tion as soon as we can. I hope to get equals bad,’’ the administration and from Las Vegas. He has two sons who cloture on it this afternoon. the Republican Congress failed to con- are so brilliant. One of them, a few I hope the unanimous-consent re- duct oversight, and let the financial years ago, was the only person in Ne- quest Senator LEVIN will offer around sector go wild. vada to be admitted to Harvard. He had 11 o’clock—whenever we finish morning Without anyone regulating their ac- a perfect score in his SAT. He can’t business—will be accepted. When we tions, market excess destroyed the fi- find a job. He is a graduate, with hon- finish that, I think there is an agree- nancial prudence that allowed a firm ors, from one of our elite ivy league ment between the Republican leader such as Lehman Brothers to prosper for schools and he cannot find a job. His and me that we are going to go to the 158 years. dad is coming to talk to me to see if I tax extenders, renewable first. We have Vast fortunes were made virtually can help him. His other boy is still in to have a vote on AMT. We are going to overnight, and now vast fortunes have college and, of course, worried, as I vote on the other tax extenders. That been literally lost overnight. Yester- have indicated, about finding a job. will be helpful. It sets a great pattern day, we heard that Hewlett-Packard Working families don’t know how they for what we need to do here. I hope the laid off 25,000 people. There is some will pay their bills, and the fixed-in- House follows suit and takes care of talk that Lehman Brothers—somebody come seniors are trying to figure out that business. may buy them, so instead of losing how to pay for medicine. We have to do We are going to now have a period for 25,000 jobs, they will only lose 15,000 better. morning business, with Senators al- jobs. I hope that is the case for those We cannot afford another Republican lowed to speak for up to 10 minutes 10,000. President who will follow his party’s each, as soon as the Republican leader The unfortunate irony is that the ghosts down the path of recession, de- finishes his statement, if he has one. Bush administration’s zeal to favor big pression, and more suffering. We des- business has crippled it and left the The Republicans will control the first perately need a President who under- American people to pay the price. 30 minutes, and the majority will con- stands that working people, not indus- President Bush did nothing to stop this trol the second 30 minutes. try titans, are the backbone of our disaster, and now he will leave the Following morning business, the Sen- country and economy. ate will resume consideration of S. mess to the next President. We need a President who will cut Now our Nation must decide who is 3001, the national defense authorization taxes for working people and senior better suited to end the Bush-Hoover bill. The managers are working citizens, end the windfall profits of oil economics and return sanity and secu- through filed amendments to the bill. companies, and put that money back rity to our economy. Senators should be on notice that the Senator MCCAIN says the economy is into the pockets of those who are pay- chairman has shared a proposed unani- not his strong suit. That is an under- ing record prices at the pump, and put mous consent agreement with Repub- statement. That is what he said about millions of Americans back to work by licans and will ask for consent prior to himself. So JOHN MCCAIN went search- investing in jobs on Main Street, not the caucus recess. If we are unable to ing for an economic adviser who could Wall Street. reach agreement, at 3 p.m. the Senate bolster his weakness. Who did he In November, we can elect a Presi- will proceed to a cloture vote on the choose? Phil Gramm. I served with Phil dent who will break from the past and bill, with the final 30 minutes equally Gramm in the Senate—the same Phil invest in the future, a person of divided and controlled by the two lead- Gramm who was responsible for de- change. But until then, the Senate ers, with the majority leader control- regulation in the financial services in- should pass our tax extenders. We need ling the final 15 minutes. Senators dustry that paved the way for much of to do that. If we want to jump-start the have until 12 noon to file second-degree this crisis to occur. I like Phil Gramm, economy, let’s pass the tax extenders amendments to the Defense bill. but I don’t like his economics. for renewable energy. In the State of I will finally say that under the reg- A respected economist at the Univer- Montana, the State of the Presiding Of- ular procedure, we would have a clo- sity of Texas, James K. Galver, said ficer, renewable energy is a job creator. ture vote an hour after we come into that Gramm was: ‘‘the most aggressive On August 18 and 19, I had an energy session. But I had a conversation with advocate of every predatory and rapa- summit in Las Vegas. We had Demo- the Republican leader last evening, and cious element that the financial sector crats, Republicans, academics, and peo- we felt it would be best to wait until has’’ and that ‘‘he’s sorcerer’s appren- ple from the industry. I talked to the after our caucus so people understood tice of instability and disaster in the Governor from Colorado and asked him how important this Defense authoriza- financial system.’’ how his State is doing. He said they are tion bill is and how Senator WARNER It was Phil Gramm who pushed legis- not being hit as hard as others because and Senator LEVIN have tried hard to lation through a Republican Senate they are creating thousands of jobs work through all these amendments. that allowed firms such as Enron to with renewable energy projects. That is Hopefully, we can get cloture invoked avoid regulation and destroy the life what the future holds for us. We need and work on the amendments that are savings of its employees, and it was to pass the energy tax extenders. I available postcloture and finish this Phil Gramm’s legislation that now has hope we can work something out with bill, say, 9:30 tomorrow morning, some- Wall Street traders to bid up the price the Republicans to pass other tax ex- thing like that. I hope that can be the of oil, leaving us to pay the bill. tenders for more than 1 year. We have case. Warren Buffett called the results of to get away from the 1-year deal. Let’s f Gramm’s legislation ‘‘financial weap- do them for 2 years so that people in ons of mass destruction.’’ That is what the private sector can look at Congress RESERVATION OF LEADER TIME Warren Buffet said. as a friend. I hope we can do that. The ACTING PRESIDENT pro tem- And now the architect and leading I also think we have to take a look at pore. Under the previous order, the cheerleader for every mistake and ne- a stimulus package that funds infra- leadership time is reserved. glect that created the Bush-Cheney fi- structure projects, creates jobs, pre- f nancial nightmare is whispering into vents cuts in desperately needed State the ear of JOHN MCCAIN, who says he services, invests in renewable energy, MORNING BUSINESS doesn’t know much about the economy. expanded unemployment benefits for The ACTING PRESIDENT pro tem- I repeat, that is an understatement. victims of this administration’s econ- pore. Under the previous order, there

VerDate Mar 15 2010 22:10 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\2008SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 16, 2008 CONGRESSIONAL RECORD — SENATE S8811 will now be a period for the transaction families in Missouri or the workers and On the other side, the Speaker’s plan of morning business for 60 minutes, families in the United States. That is does not provide relief to the American with Senators permitted to speak why opening a little bit of new oil pro- people either. It opens certain areas of therein for up to 10 minutes each, with duction is not good enough for our the east and west coasts of America the time equally divided and controlled farmers and workers. Missouri’s fami- but does so only outside the 50 miles by the two leaders or their designees, lies and farmers, workers and small from shore. with the first half of the time under businesses, like the entire Nation, de- There is a funny little statistic that the control of the Republican leader or serve as much relief as we can respon- maybe people would be interested in, his designee and the second half of the sibly give them from the high gas and that is that most of the oil off the time under the control of the majority prices, and we need to do it now. Pacific west coast is less than 25 miles leader or his designee. The suffering of our families in to- off the shore. More of it is within 50 The Senator from Missouri. day’s tough times is certainly not over miles off the shore. So no more than 3 f yet. The mortgage crisis brought on by to 5 percent of the oil off California and speculation in the housing finance ENERGY the west coast would be opened. It market is still ravaging our neighbor- leaves closed to the American people Mr. BOND. Mr. President, we have hoods. High food prices are still rav- the eastern half of the Gulf of Mexico heard a very powerful Presidential aging household budgets. High health where almost of all the new oil in the campaign speech by my good friend the care budgets are ravaging lifetime sav- east coast lies. ings. High education costs are still majority leader. He asked what has So the Pelosi plan may well be de- crimping our retirement funds. Mis- brought us to this point. What has scribed as opening everywhere that oil souri farmers are still struggling with brought us to the point that farmers is not and leaving closed and off limits the high fuel costs they pay to run are suffering, families are suffering, to the needs of the American people ev- their farm equipment. Dairy producers truckdrivers are suffering—all of us are erywhere the oil is. The plan will do al- are struggling with the surcharges suffering from the high prices of en- most nothing to bring the American they pay to ship their milk to markets. ergy. people gas price relief. It should be no secret to anybody Our food processors in Missouri and who knows what is going on around across the Nation are struggling with Let me talk about the Gulf of Mex- here that for the last 20 years, my col- high transportation costs to obtain ico. We wish everyone—Texas, Lou- leagues on the other side of the aisle their raw goods. Grocers in Missouri isiana, across that part of the coun- have instituted a policy of ‘‘don’t drill, and across the Nation are still strug- try—Godspeed in their recovery. We don’t refine, don’t develop nuclear gling with high shipping costs. That is prayed for you during the storm. We power.’’ Our gas and oil prices have the high cost of the price of food—the now pray for you as you put your lives gone through the roof because we have off-farm fuel costs that go to transpor- back together. But we are also putting artificially constrained the amount of tation, driving, and other procedures. the Nation’s oil infrastructure back to- energy we can produce. And Missouri truckers are suffering gether. What we are asking for and the from high diesel costs. Missouri airline Hurricane Alley, as the western Gulf American people are asking for every workers are losing their jobs because of of Mexico is often known, is also the time I go home is some common sense. high jet fuel costs. So why would any- port of entry for 64 percent of our im- Impose our good, strong environmental one think that just a little price relief ported oil and most of our refineries. regulations. We have the strongest en- is OK? Why would anyone think we just Rolling right down Hurricane Alley, vironmental regulations of any nation have to lower gas prices a little bit? Hurricane Ike has shut down 63 percent on the Earth on producing oil and gas. Our families don’t just deserve a little of our oil rigs, idled 73 percent of our We can pay high sums of ransom to for- relief; our families deserve as much gas gas output, closed 8 refineries, and eign powers, such as Hugo Chavez in price relief as we can give them. Our stopped 96 percent of gulf oil output. Venezuela or Vladimir Putin in Russia truckers don’t deserve just a little re- Mother Nature can only tell us we or Ahmadinejad in Iran, and get oil and lief; they deserve as much diesel relief asked for it by concentrating so much gas that has not been produced with as we can give them. Our farmers don’t oil production in the western gulf, by the same environmental protections we deserve just a little relief; our farmers concentrating so much oil refining in have. deserve as much fuel price relief as we the western gulf, by forcing so much Today, the price of oil is only $92 per can give them. That is why we should oil importation through the western barrel. A gallon of gas on Friday, be- not open just a little bit of offshore oil gulf. fore Hurricane Ike, averaged only $3.65. production. We should open as much We have only ourselves to blame It has come down some now with the new offshore oil production as we can, when we keep other parts of our ocean unwinding of the Lehman investments have it produced in an environmentally closed to production. We only have our- in long-term energy futures. But the responsible manner to drive oil and gas selves to blame when we keep the other problem is still there. We have not prices as far down as we possibly can to parts of our shores closed to refining. solved the problem. We have taken provide as much relief to families and We have only ourselves to blame when some steps that I believe will give the workers as we can. prices spike 17 cents in a weekend, as market some encouragement. But if The proposal we will consider from they did over this weekend. We have you think oil at only $92 per barrel is the Gang of 10 will not open as much only ourselves to blame if we continue good enough, if you think gas falling to new offshore oil as we can, so it will the Democratic policies of ‘‘don’t drill, $3.65 a gallon is good enough, then you not drive down oil and gas prices as don’t refine, don’t use nuclear re- must be one of these people who sup- much as we can. It plans to open a sources.’’ And if we vote for proposals port the Pelosi plan, the Gang of 10 handful of sites in southeast Florida to that still keep most all of our shores proposal. You must be one of those peo- offshore production, but it leaves off limits, we will have only ourselves ple who think we can get away with closed to the American people east to blame for not providing American giving just a little bit of opening of our coast and Northeast States. It leaves families, workers, and small businesses tremendous oil reserves and gas re- the entire Pacific coast of America the relief they need. We will have only serves. closed. Seventy percent of America’s ourselves to blame if we do not provide What I can tell you is that the price offshore areas, off lower 48 States, American families the relief they de- of oil falling only a little bit is not would still be closed to the American serve. good enough for the families of Mis- people and the energy they need under I urge our colleagues to consider souri, the farmers, the small businesses the Gang of 10 plan. Eighty-five per- American families when we vote to in Missouri, the truckers, all of the cent of offshore areas are currently off give them as much energy, gas, oil re- people who have been hit hard by the limits. So how is opening only 15 per- lief as we can—not just a little bit high price of gas. The price for a gallon cent more in offshore production going more relief but a lot more relief, find- of gasoline falling only a little bit is to provide relief to the American peo- ing not just a little bit of oil produc- not good enough for my workers and ple? tion but as much new oil production as

VerDate Mar 15 2010 22:10 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\2008SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8812 CONGRESSIONAL RECORD — SENATE September 16, 2008 we can. Our American workers, Amer- Mr. President, the American people domestic energy sources, including oil, ican farmers, American small busi- have spoken, and it is high time the natural gas, clean coal, nuclear, as well nesses—all of us in our American econ- Democratic Congress started to listen. as renewable resources and new energy omy deserve no less. We must produce We must open the Outer Continental efficiency technologies while not for- what we have, and we must do it now. Shelf for exploration. Unfortunately, getting the conservation aspect of our Mr. President, I yield the floor. Congress has enacted appropriations energy problem and doing everything The ACTING PRESIDENT pro tem- riders prohibiting the Department of we possibly can to conserve our pre- pore. The Senator from Colorado. the Interior from conducting activities cious energy supplies. By investing in Mr. ALLARD. Mr. President, I thank related to production of oil and natural renewable energy research and develop- the Senator from Missouri for his com- gas on much of the Outer Continental ment today, we will actually be saving ments this morning. I, too, wish to Shelf every year since 1982. The current money in future energy costs. make some comments about our en- congressional moratorium under which Energy runs the world in which we ergy problems we are having in this we are operating places nearly 86 per- live, so without affordable, accessible country. cent of America’s Outer Continental sources of energy we open ourselves to Before the August recess, I and many Shelf lands off-limits for exploration. dangers we simply should not allow to of my Republican colleagues came to No other country does that. Fortu- happen. I believe renewable energy and the floor of this great body to make nately, the current moratorium is set energy-efficient technologies help off- the case for a sound national energy to expire at the end of this current fis- set fuel imports, create numerous em- policy that would make a difference to cal year; that is, September 30 of this ployment opportunities, develop our the millions of Americans struggling year. In July, President Bush lifted the domestic economy, and enhance and with high energy prices. executive moratorium leaving only the create export opportunities. In addi- We just heard the majority leader congressional appropriations Outer tion, renewable energy and energy-effi- mention energy as a critical problem cient technologies provide clean, inex- in America. But, unfortunately, in- Continental Shelf moratorium stand- haustible energy for millions of con- stead of dealing with this issue, it was ing in the way of increased U.S. energy sumers. set aside by the majority party in favor production. I encourage our Demo- cratic friends to allow the moratorium But renewable energy alone is not of a recess, and like the recess enjoyed enough. We still need additional by millions of American schoolkids, to lapse. With the high cost of fuel, we must allow American companies to sources of domestic energy. Mr. Presi- this recess was an opportunity for the dent, I disagree with my own Governor majority party to run away from the seek out new sources of energy off our from the State of Colorado and the hard work waiting for them on their coastal regions. points he was making at the majority desks on energy. In conjunction with offshore explo- When or if we move to the energy de- ration, we must open vital areas of leader’s energy conference in Nevada, bate again, I am hopeful we will be able Alaska and the West. Recently, in my where he stated that renewable energy to accomplish something. This is espe- home State of Colorado, the Roan Pla- was the main reason we were having cially important because this will like- teau was finally opened to the bidding many job opportunities and why our ly be the last opportunity for many process, and I am pleased the Bureau of economy was doing well in Colorado. months to offer relief to millions of Land Management was able to move There is no doubt that the renewable Americans struggling with high fuel forward with the Roan Plateau lease energy effort in Colorado has created prices. It is relief to commuters, school sale. This sale was important for the more jobs. It has created some diver- carpoolers, it is relief for farmers, it is people of Colorado because it will gen- sity in our economy, and that is good. relief for small businesses, grocery erate millions of dollars of revenue for But it is the oil and gas industry that shoppers, and all across the spectrum our State. But more importantly, Mr. has provided the revenues for the State of American life where higher prices President, the Roan Plateau develop- of Colorado and will continue to do it mean budget problems. ment is one of the most environ- for some time. If we push too hard and The price of oil has dropped from its mentally conscious plans ever created, too quickly to go to renewable energies summer high, and that is good, but the representing almost a decade of col- before that industry has matured, we fundamental truth remains: America laboration between local, State, and will create additional economic prob- does not control its energy sources. Federal officials. Also, more impor- lems not only for the State of Colorado Americans rely on overseas energy, and tantly, is what the Roan Plateau lease but for this country. we pay billions and billions for it. We sale means for people around the Na- It is fascinating when one looks at see those dollars go to countries that tion. The development of the oil and the retirement portfolio for the em- sponsor terrorism, which creates addi- gas resources on the Roan Plateau will ployees of the State of Colorado. A tional problems for the security of this help secure the midrange future energy large percentage of that revenue and country. needs of our Nation. that portfolio is coming from oil and Our precarious position comes to ev- The development of the Roan Plateau gas companies. It is helping provide for eryone’s realization when we deal with will be conducted in a staged approach the future retirement of employees an interruption in energy. My es- in order to minimize wildlife habitat who have worked for the State of Colo- teemed colleague from Missouri just fragmentation, disturbances, and to en- rado. So although renewable energy is finished talking about the impact of courage innovation in reclaiming many beginning to play a larger and more Hurricane Ike and how it has had an ef- of our disturbed areas. The Roan Pla- important role in the State of Colo- fect, and that is when Americans real- teau is an example of how we can rado, it is not ready to replace the ize how precarious our energy supplies strike a balance between energy devel- huge amount of revenue oil and gas is are in this country. opment and environmental protections. producing for my State. For weeks now, dating back to before While additional production of tradi- One of the most promising sources of the August recess, Republicans have tional oil sources is vital, we in Con- domestic energy in the Nation is found been pushing and prodding the Demo- gress must continue to provide incen- in my State of Colorado, and that is oil crats in an effort to address this grow- tives for implementation of renewable shale. This shale could easily yield 800 ing crisis. I suspect that during the Au- energy and for the infrastructure nec- billion barrels of oil, which is more gust recess Democrats got an earful essary to support them. Our fossil fuels than the entire proven reserves of from their constituents on energy. The have become a bridge to better tech- Saudi Arabia. Now, the estimates on citizens of this country told them to nology and much of what lies in the the oil shale in Colorado and Utah and release areas off the coast for domestic area of renewable energy. This is a nec- Wyoming are estimated up to 2 trillion, exploration. They told them to open essary step in balancing our domestic but 800 billion seems as though it is the sections of ANWR to tap millions of energy portfolio, increasing our Na- minimum amount that most people be- barrels of our own vital oil and natural tion’s energy security, and advancing lieve we can bring to the surface with gas supplies. I heard those same con- our economic prosperity. the new technologies we have in oil cerns raised when I was back in my The American people deserve an en- shale, which, by the way, is environ- State during the summer. ergy policy that calls for funding more mentally favorable.

VerDate Mar 15 2010 22:10 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\2008SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 16, 2008 CONGRESSIONAL RECORD — SENATE S8813 Unfortunately, we can’t even begin noon in the Energy Committee about the heart of today’s housing credit cri- to move toward assessing this unparal- excessive speculation and how prices sis—credit default swaps. leled resource because Democratic ob- were driven to record highs this sum- As White House press secretary Dana structionism has effectively put this mer. But what we need to also realize Perino described it earlier this year, resource out of reach. Any Member of is the scrutiny Congress has placed on these ‘‘newfangled financial instru- Congress who refuses to consider com- Wall Street along with the promise to ments’’ that posed a risk to the market prehensive solutions that include re- have stricter oversight has had an im- actually grew into a $62 trillion indus- ducing energy consumption while in- pact; prompting a large volume of cap- try. creasing domestic supplies is ignoring ital starting to leave these markets. Warren Buffett has called these cred- the needs of this country. It wasn’t that long ago when Presi- it-swaps ‘‘financial weapons of mass de- I am very hopeful that within the dent George Bush was picked up on the struction.’’ next few weeks we will be able to find Internet at a reception saying ‘‘Wall The proliferation of these newfangled a commonsense approach to our energy Street got drunk.’’ Now, I don’t know if financial instruments has resulted in crisis that addresses the basic eco- the President really meant to have this huge profits and losses without any nomic law of supply and demand. It is publicly captured on the Internet, but physical goods changing hands. it was, and I know afterwards his Press simple: If we increase our supply while I come to the floor asking my col- Secretary was quoted as saying: reducing demand, energy prices will go leagues: when are we going to learn the down. We shouldn’t forget that we live Well, you know, I actually haven’t spoken lessons of the past? in a supply-and-demand economy. to him about this, but I imagine what he So, Mr. President, I urge the major- meant, as I have heard him describe it before When are we going to realize that the ity leader, and I urge the majority in both public and private, was that Wall 1929 stock market crash has the same party to quickly get us on the issue of Street let themselves get carried away and root cause as the recent housing bub- that they did not understand the risks these ble? energy and onto reasonable common- newfangled financial instruments would pose sense solutions to move us forward. Both were financed by dangerously to the markets. high leveraged borrowing. And after This country is dependent on our doing And while it is Wall Street that has the right thing on energy because it is the crash many banks failed—causing a gotten drunk, it is the American public ripple effect that devastated our Na- such an essential part of our economy. paying for the hangover. It builds into all levels of manufac- tion’s economy. Today, we are struggling to contain After the 1929 crash, Congress turing, it builds into each individual one of the most severe credit crises American’s life, and it is a driving fac- stepped up and changed the banking since the Great Depression, and Amer- laws to eliminate some of the abuses tor when we talk about the inflation ican families are going to pay dearly that is happening right now in our that had paved the way for economic for that lack of oversight and regu- disaster. economy. latory indifference to what have been My question is—we acted after the So, Mr. President, let’s move for- critical markets for us to oversee. I crisis and Congress did step up and do ward. Let’s do something about the en- give credit to Secretary Paulson for his something. What I want to know is ergy crisis we have in this country, and swift action over the last couple of whether we have learned our lesson. let’s not let the current election year weeks to contain the economic fallout Are we going to legislate consumer environment in this country disrupt from a reeling Wall Street. our effort to try to do what is best in During the past decade, the agencies protections in advance, or only after a making sure we have a safe and secure charged with financial oversight have bubble bursts? country and a secure economy. turned their eye from what has been The savings and loan crisis of the Mr. President, I yield the floor, and I one of the worst excesses our country 1980s and 1990s when 747 savings and ask unanimous consent that the re- has seen. My question for my col- loan associations went under provides mainder of the Republican time be re- leagues today is, when are we going to a similar lesson. served. learn the lessons of history and make Like before, much of this mess can be The ACTING PRESIDENT pro tem- sure Congress does its job in the over- traced back to the deregulation of the pore. Without objection, it is so or- sight of the regulatory agencies so savings and loans which gave these as- dered. they do theirs? sociations many of the capabilities of The Senator from Washington. In many ways, today’s super-bubbles banks, but failed to bring them under f are a repeat of the 1920s when too much the same regulations. OIL MARKET SPECULATION borrowing to underwrite too many Congress eliminated regulations de- speculative bets using too much of signed to prevent lending excesses and Ms. CANTWELL. Mr. President, as I other people’s money set up the entire minimize failures. rise to speak this morning, for the first economy for a crash. In 1999, Congress time since April 1, the price of oil has Deregulation allowed lending in dis- repealed key parts of the Glass- fallen to below $100 a barrel, and that tant loan markets on the promise of Steagall Act of 1933. The repeal allowed is certainly a welcome relief to many higher returns, and it also allowed as- banks to operate any kind of financial Americans across this country and to sociations to participate in speculative businesses they desired, and it set up a businesses who have been devastated construction activities with builders situation where the banks had multiple by high energy markets. and developers who had little or no fi- We shouldn’t underestimate the dam- conflicts of interest. nancial stake in the projects. Several economists and analysts age that has been caused. Just this The ultimate cost of this crisis is es- have cited the repeal of this act as a past Friday, in my home State of timated to have totaled around $160 major contributor to the 2007 subprime Washington, Alaska Air announced billion, with U.S. taxpayers bailing out mortgage crisis. that more than 1,000 people will lose the institutions to the tune of $125 bil- In fact, Robert Kuttner, cofounder their jobs because of high fuel prices lion. This, of course, added to our def- and co-editor of the American Prospect and a slowing economy. Compared to icit of the early 1990s. magazine wrote in September 2007: last year, Americans have paid $76 bil- I ask my colleagues: When are we lion more for gasoline in 2008, and I Hedge funds, private equity companies, and going to learn this lesson? the subprime mortgage industries have two We have failed to see that oversight know many people went without vaca- big things in common. First, each represents tions, and businesses have cut back on financial middlemen unproductively extract- and transparency are always critical their operations. ing wealth from the real economy. Second, parts of any functioning market. Now, we have had various inde- each exploits loopholes in what remains a fi- We have failed to see that when Con- pendent reports that have shown that nancial regulation. gress makes reforms, like the Commod- the fluctuation in price from 2007 to But we didn’t end our deregulation ities Futures Modernization Act in 2008 cannot be explained by simple sup- there. 2000, or like the repeal of key portions ply-and-demand fundamentals. And we In 2000 we also deregulated a new and of the Glass-Steagall Act in 1999, or the are having a hearing at 2:30 this after- volatile financial derivative that is at deregulation of the energy markets in

VerDate Mar 15 2010 22:10 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\2008SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8814 CONGRESSIONAL RECORD — SENATE September 16, 2008 the 1990s, they cannot disregard these these new, volatile financial deriva- ment No. 5292 (to the instructions of the mo- important fundamentals of trans- tives that are the heart of today’s mar- tion to recommit), to change the enactment parency and strong Federal oversight kets to go unregulated by the Com- date. Reid amendment No. 5293 (to the instruc- authority. modity Futures Trading Commission. tions of the motion to recommit to the bill), I could go on and on for my col- What we need to do is make sure we of a perfecting nature. leagues on my own personal experience learned this lesson, to go back now and Reid amendment No. 5294 (to amendment with the western energy crisis that close the loopholes that exist and make No. 5293), of a perfecting nature. happened in electricity markets in 2000 sure the agencies that are in charge of Mr. WARNER. Mr. President, I would and 2001. oversight actually do their job. We do like now to address the Senate with re- We saw that during the electricity not want the American people to con- gard to my interpretation of the many deregulation experience which started tinue to have to pay for mismanage- constructive efforts that have gone on in the mid 1990s, people argued that ment and lack of oversight by not hav- with the chairman and myself and electricity was just another coming transparency in these markets. We other colleagues to try to move this modity. But it is really a very critical need to make sure these agencies are bill forward. As I speak for a few min- element to our economy. accountable. utes, I urge my distinguished chairman Many experts cautioned that elec- The bottom line is we have a CFTC to engage me in any questions or col- tricity was too vital a part of our econ- that is more lax in allowing traders to loquy if he has views that could be at omy and way of life to let these mar- run amok than protecting families who variance to what I express. kets go without the transparency and live on Main Street in America. That is I have an amendment at the desk. It oversight that is essential. why I continue to hold up CFTC nomi- is No. 5569. I shall not call it up at this We all know the rest of the story. We nations. We need a more sophisticated time. The history of that amendment saw that deregulation set the table for regulatory regime oversight, including is as follows: some of Enron’s spectacular manipula- regulators who will be aggressive po- As many of our Senate colleagues are tion schemes of 2000 and 2001 among licemen on the beat. We need to collect aware, this past January 29, the Presi- other bad actors, that caused more more data to make sure that markets dent of the United States issued Execu- than $35 billion in economic loss and are not being manipulated. We need to tive Order No. 13457 instructing the ex- cost our nation over 589,000 jobs. make sure the market is driven by ecutive branch that agency heads Again, only after the crisis was over, basic market fundamentals and not should not base funding decisions on did Congress step in. Only after the cri- greed. language in a committee report or con- sis did Congress give the Federal En- I yield the floor. ference report or any other nonstatu- ergy Regulatory Commission, and now I suggest the absence of a quorum. tory statement of the views of Con- the FTC, more regulatory authority on The ACTING PRESIDENT pro tem- gress. The President took this unprece- energy markets. And once more, Con- pore. The clerk will call the roll. dented step because he believes—and to gress illustrated that it prefers to act The assistant legislative clerk pro- some extent I share his concern—that after the fact. it is necessary to reduce the number So I ask my colleagues: When are we ceeded to call the roll. Mr. WARNER. I ask unanimous con- and cost of what we refer to as ear- going to learn? marks substantially; that is, to reduce When are we going to quit deregu- sent that the order for the quorum call them substantially and to make the or- lating these critical markets without be rescinded. igin and purpose of the earmark more much thought to the transparency and The ACTING PRESIDENT pro tem- transparent. To accomplish these ob- oversight that is critical for markets pore. Without objection, it is so or- jectives, the Executive order requires to operate and function correctly? dered. When are we going to learn that Mr. WARNER. Would the Presiding that henceforth earmarks, as well as when we take our eye off he ball, Wall Officer advise the Senate of the proce- any other funding direction from Con- Street raids the cabinet and, as the dure at this time? gress in its exercise of the power of the President say, Wall Street gets drunk? The ACTING PRESIDENT pro tem- purse, must be included in the text of I mentioned that later today we will pore. The minority has 2 minutes re- the bill voted on by Congress and pre- be holding a hearing in the Energy maining in morning business. sented to the President. Committee to examine the oil futures Mr. WARNER. I yield back the time. In response to the Executive order, I offered an amendment during com- market. We will examine why we need f meaningful legislation to close the mittee markup, on behalf of Senator CCAIN and myself and others, which loopholes that exist in those dark mar- CONCLUSION OF MORNING M would have put the committee’s fund- kets. BUSINESS ing tables in the text of the bill. This This deregulation has helped spark The ACTING PRESIDENT pro tem- was the most simple and direct way to today’s price super-bubble, as George pore. Morning business is closed. Soros warned at a June 3 Commerce comply with the Executive order. My f Committee hearing, that is driving our amendment, after deliberation in com- markets to no longer be based on sup- NATIONAL DEFENSE AUTHORIZA- mittee, was defeated on a 12-to-12 vote. ply-and-demand fundamentals. TION ACT FOR FISCAL YEAR 2009 As a result, as reflected in section 1002 In one fell swoop, this deregulation of the bill, the committee decided to The ACTING PRESIDENT pro tem- did a number of things that enabled to- incorporate our funding tables into the pore. Under the previous order, the day’s perfect storm to brew. bill by reference; that is, by a provision Senate will resume consideration of S. No. 1, we let these newfangled finan- that states that each funding table in 3001, which the clerk will report. cial instruments called credit default the committee report is incorporated The bill clerk read as follows: swaps go unregulated, and it made it into the act and is made a requirement easy to use bad debt to finance home A bill (S. 3001) to authorize appropriations of law to the same extent as if the mortgages. for fiscal year 2009 for military activities of funding table was included in the text. the Department of Defense, for military con- As George Soros wrote in his book Once our bill reached the Senate struction, and for defense activities of the floor for consideration by the full Sen- documenting the credit crisis: Department of Energy, to prescribe military At the end of World War II, the financial personnel strengths for such fiscal year, and ate, a colleague, Senator DEMINT, filed industry—banks, brokers, other financial infor other purposes. amendment No. 5405 which, again, stitutions—played a very different role in takes up the same issue. Pending: the economy than they do today. Senator DEMINT’s amendment would He went on to explain, as I said, that Reid amendment No. 5290, to change the strike section 1002 in its entirety from enactment date. the bill, thereby removing the funding banks and markets are not as strictly Reid amendment No. 5291 (to amendment regulated today as they were in the No. 5290), of a perfecting nature. tables from the bill. The result, as I in- past. Motion to recommit the bill to the Com- terpret it, of adoption of the amend- In 2000 we deliberately chose not to mittee on Armed Services with instructions ment would be that our funding tables learn this harsh lesson and allowed to report back forthwith, with Reid amend- would remain only in the committee

VerDate Mar 15 2010 22:10 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\2008SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 16, 2008 CONGRESSIONAL RECORD — SENATE S8815 and conference report, setting up a fice could prioritize its attention and forthright way to help colleagues bet- conflict with the Executive order. Di- resources on our bill. By ‘‘prioritize,’’ I ter understand the current procedural rection by Congress on the specific mean what other work from other com- dilemma that faces the body with refunding levels throughout the defense mittees of the Congress, House and gard to the bill. budget would be advisory only. Senate, would be before those various The committee and my distinguished The President’s Executive order, on administrative sections. colleagues will work as hard as we can the other hand, would continue to re- Given the time constraints we face, to get this bill through. This is one quire agency heads to ignore congres- these 4 additional days add signifi- roadmap; there may be a better one. sional funding directions unless it is in cantly to the challenges of completing I yield the floor. the text of bills enacted into law. a conference between the House and The ACTING PRESIDENT pro tem- While I appreciate the efforts by our Senate and passing a conference report pore. The Senator from Michigan. distinguished colleague from South in both Chambers before the target Mr. LEVIN. Mr. President, I thank Carolina and his concern about the use date for adjournment. While I acknowl- my friend from Virginia for outlining of the incorporation-by-reference tech- edge these challenges, I believe my the history of this issue in which we nique which I opposed during com- amendment will best comply with the are involved. I am particularly grati- mittee markup, I am just as concerned Executive order and its laudatory pur- fied that he now agrees the DeMint about striking the reference to the poses. We must not simply ignore the amendment will be a significant abdi- funding tables in the bill and leaving Executive order and trust the execu- cation of legislative power to the exec- them only in the committee and con- tive branch to follow congressional utive branch. The reason that would be ference report, given the President’s funding directions, when the President true is, there would be no reference to Executive order. While the DeMint has emphatically said the Congress the line items we have worked so hard amendment would have the positive must express its direction in the text on in law or by reference in law, and impact of making earmarks advisory of bills enacted into law. that would mean the only thing that only, it would also undercut the legal When Congress exercises its constitu- would be remaining would be a com- authority of every other congressional tional power of the purse, it should do mittee report that has all the work of funding decision which differed from so in a transparent, open way subject our committee, not just the earmarks the President’s budget. In short, the to full debate and amendment. When which we have added but also the lines DeMint amendment would seriously Congress speaks on its funding prior- we have added or subtracted to what impair the ability of the Senate and ities, it should do so decisively, and its the President has requested. That is Congress to meaningfully exercise the pronouncement should have the bind- the essential point relative to the power of the purse. The Armed Services ing force of law subject only to the DeMint amendment. It would be an ab- Committee and the Senate and Con- President’s veto. solutely revolutionary change in the gress as a whole would lose the ability The current posture is, this is an im- powers of the purse, shifting a great to direct and enforce cuts in funding, portant issue. The distinguished chair- deal of that power to the executive additions to funding that were, in our man and I, together with our staffs, branch. discretion, required in the President’s have worked on it. We have recognized I am delighted the Senator from Vir- budget, or to restructure programs the precarious nature of the bill in ginia has stated it exactly that clearly, that are part of the defense budget. terms of its ability to be put together, or approximately that clearly, so that, The amendment I have offered and brought to the desk of Senators, and hopefully, we can, if not unanimously wish to offer as an alternative to Sen- then, subsequently, the conference re- but on a bipartisan basis defeat the ator DEMINT is No. 5569. My amend- port, and likewise that being properly DeMint amendment, if it is offered. ment takes the same approach which I put together to comply with this Then the question comes up: How can argued during the committee markup. amendment and others. It is a chal- we then incorporate all our effort in It takes the funding tables from our lenge. I have discussed it with the committee into the law? There is a lot committee report and puts them di- chairman. I guess perhaps being an op- of problems with doing it, which we rectly into the bill text. The amend- timist, I believe if my amendment were pointed out during the committee de- ment is extraordinarily long. It goes on adopted, it would reach the result of bate, including the lack of flexibility for 225 pages, but it complies with the many colleagues, and we could go for- that this would result in for the Presi- Executive order in the most direct way ward and do our very best to shorten dent in terms of reprogramming be- possible. As a result, all of our funding the time normally in the history of cause now every line becomes a pro- decisions are transparent, and each these bills that is used by the con- gram, and that means it would be hard- item of funding is subject to further deference. er to shift money than it is now be- bate and amendment by the full Sen- This is our 30th bill. Senator LEVIN is cause it is easier to shift money within ate. If the funding decisions are adopt- chairman of the conference this year. I a program through reprogramming ed by the Senate and sustained through would try in every way to support him, than it is between programs. That was the conference between the two if he so desired to try to move, subject an argument which we used in com- Houses, they will be included in the to the adoption of this amendment, mittee. We believe it is true that the text of the bill as passed by Congress this bill through the conference. This executive branch will have less flexi- and presented to the President. bill is so important to our country. It bility when it comes to reprogramming Changes to the funding decisions rec- is so important to so many Members of if every single line is in law. However, ommended by the committee are sub- our body. We have pending a managers’ if that is what this body wishes to do— ject to the normal process of amending amendment which Senator LEVIN and to make it less flexible for the Presi- a bill under the Senate rules and proce- our staffs have been working on for the dent to offer reprogramming sugges- dures. last 4 or 5 days. It is close to 100 tions—that is a problem the executive I am aware if my amendment was amendments which we have reconciled branch should have, not ours. adopted, it would increase the burden in such a way that, subject to UC, they Our problem is it would be difficult, of producing our bill and conference re- could be adopted and immediately be- if not impossible, to get a conference port by several days. Many people come a part of the bill prior to any clo- report—first of all, it is difficult would be involved in that rather ardu- ture action that will take place as enough to get to conference, but then ous process. We are informed that the scheduled at 3 o’clock today. That emit would be extremely difficult, if not best estimate is that about 4 additional braces the work and the desires and the impossible, to bring a conference re- days would be required for the com- objectives of so many Members. port back in the next couple weeks. We mittee staff, the Government Printing I am not here to fault the fact that a have gone through these numbers with Office, and supporting House and Sen- hold or objection is put on a UC to the minority. We have a clear assess- ate staff offices to process the detailed move that package; it is to state the ment by the Government Printing Of- data that appears in the funding tables, fact. But that objection largely ema- fice that it would add about 41⁄2 days to if they were incorporated into the bill, nates from the issue which I have tried their work if every single line were assuming the Government Printing Of- to describe in a very pragmatic and made part of the bill rather than being

VerDate Mar 15 2010 22:10 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\2008SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8816 CONGRESSIONAL RECORD — SENATE September 16, 2008 simply incorporated by reference in the pointed out in committee, has to do promise. That is to take place in the bill, as it now is. We should not take a with the lack of flexibility that would coming hours, before 3 o’clock. But chance on jeopardizing this bill. This result to the executive branch in their there is still the possibility that we bill is too important to be jeopardized. reprogramming requests. That is a could get a UC through that would re- The difference between incorporating problem the executive branch needs to solve much of this problem. Then, if we all these lines by reference in the bill face, I would think, but as a legislator, took final passage, say, even late to- and actually printing them in the bill what we have to protect is the power of night—I mean if we can get the man- is either minor, minute or nonexistent our purse, the power of this Congress to agers’ package through, we will have legally. What this bill does is incor- make changes. That is protected in the close to 100 amendments in addition to porate by reference all these lines. Warner amendment. those already handled, and that pack- They are incorporate into the bill. What the Warner amendment does is age is basically equally divided with They are transparent—as transparent put at risk this bill, as it may be phys- Republican and Democratic amend- as though they were printed in the bill. ically impossible to get to conference, ments—let’s say we have final passage This green document is no less trans- the conference completed, and a con- tonight or tomorrow. How does the parent than this white document. They ference report back by the end of next chairman then plot the timetable by are both equally transparent. The work week. If we knew there was going to be which he used pretty strong language, of our committee is laid out in the mo- a lameduck, there would be no problem that this amendment of mine jeopard- ment in the green document. In this because we could do this in a lameduck izes the bill not being passed? Would white document, which is the bill, we session no matter how much time it the chairman give us his basic sched- incorporate by reference in the bill all took between now and then, but we ule? the line items so they are in the bill, don’t know that there will be a lame- Mr. LEVIN. I thank the Senator. Be- and they can be changed by an amend- duck session. fore I do that, Senator WEBB came to ment which says no money will be So the question is whether we are the floor when I assured him he would spent or less money will be spent for a willing to take this risk. I, for one, be able to discuss his amendment, and particular item. It is very readily ad- cannot in good conscience risk the pas- I am wondering if we could ask unani- dressable by the Senate on the floor. sage of this bill. Although I don’t have mous consent that Senator WEBB be The transparency issue is the same. any problem now with the Warner recognized as soon as our colloquy is They are both transparent and should amendment in terms of its substance, completed and then that Senator COL- be. it is what it would result in, in terms LINS be recognized after Senator WEBB. So then the question becomes: Is the of the bill not being able to be adopted Mr. WARNER. I was not present nonexistent or minute difference be- as a practical matter. when either of these Senators ap- tween incorporating all these charts in My problems with the DeMint peared. I am being advised by our here by law or actually printing them amendment are very serious and se- cloakroom staff that Senator COLLINS in here, should that risk the passage of vere. I hope that amendment is not of- came early this morning, at which this bill? They can be addressed by fered, and if it is, I would hope, on a bi- time the assurance was given to her by amendment on the floor of the Senate, partisan basis, it would be rejected by someone that she could have 11:30. even though they are incorporated by a Senate which has the responsibility Now, I don’t know quite how to sort reference. to abide by the Constitution of the this out. Now, this bill, as my good friend United States and maintain the power Mr. LEVIN. I wonder if I could in- from Virginia says, is too important of the purse. quire of the Senator from Maine how for us not to pass. We have never not The ACTING PRESIDENT pro tem- much time she would be using. passed an authorization bill, and this pore. The Senator from Virginia is rec- Ms. COLLINS. Ten minutes. should not be the first year, when we ognized. Mr. LEVIN. If I could inquire of the have troops in harm’s way, when we do Mr. WARNER. Mr. President, I am Senator from Virginia how much time not pass a Defense authorization bill. looking at a memorandum prepared by he would be using. There are hundreds of provisions in our staff, and I presume it has been Mr. WEBB. About 10 minutes. here which directly affect the troops shared with the chairman’s staff. We Mr. LEVIN. If either had said 9 min- and their families. It would be uncon- should state to colleagues that what utes, they would have had a better scionable for us not to pass a Defense we learned by virtue of a long process case. authorization bill. The reason for jeop- that many people were involved in over I wonder if the two Senators whom ardizing it simply does not hold water. the weekend is as follows: we referred to could get together and So that is the dilemma we are in. If In summary, incorporation of the resolve this issue for us as to who the Warner amendment is adopted, it funding tables into the bill would add would go first and who would go sec- would seriously jeopardize the chances about 4 days to the process: About a ond. Could we ask the two Senators to of being able to pass a bill, even if we half day for committee staff to prepare perhaps help us out on that, and then I can get to conference in the next cou- the files for the GPO, although much would ask that after we talk, if we ple of days. That assessment was made could be done during the conference; 3 could have a UC as to that procedure. over the weekend in terms of the num- days for the GPO to convert the files In terms of the schedule, assuming ber of days’ delay that would result. and proofread them; and about half a we could get the bill passed by tomor- That assessment was made by the Gov- day for the committee staff to proof- row, which would probably be lucky be- ernment Printing Office. They spent read them when GPO returns the bill in cause there are a number of amend- 700 person hours over the weekend at printed form. ments that are in that unanimous con- the Government Printing Office to give Let’s sort of chart out a calendar. sent agreement that are referred to us this assessment. This is not some Today, we are, at the present time, specifically that have time connected casual assessment off the back of an scheduled to have a cloture vote, and if to them—if we could get this bill envelope; this is a very serious assess- cloture comes about, there is an en- passed by tomorrow, or cloture in- ment that was made at huge expense tirely different scenario, if it is voted voked, then there is 30 hours of over the weekend in order to give us in, by which we continue to address the postcloture. We don’t know whether the most accurate idea as to what the bill. But if by any chance we could rec- that would be used by any of our col- delay would be if we had to print each oncile our differences—and we would leagues. They have a right to do that, one of those thousands of lines in the want Members to know that last night and around here, as we know, fre- bill itself, instead of incorporating the majority presented to the minority quently that 30-hour period is used. If them in the bill by reference. We a draft UC that is now being reviewed it is not used, we would then have to should not jeopardize the passage of by my leadership. I am at this moment name conferees, which hopefully would this bill. unable to give the details of what deci- be done fairly quickly. Then the House That is the only difficulty I now have sions will be made or what options, reviews the Senate bill and determines as a legislator with the Warner amend- other than what was presented to us, the committee jurisdiction and names ment. The other difficulty, which we may be returned back by way of com- their conferees. That, at a minimum, is

VerDate Mar 15 2010 22:10 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\2008SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 16, 2008 CONGRESSIONAL RECORD — SENATE S8817 2 to 3 days for the House to do that— 10 minutes, and the Senator from Vir- sume greater responsibility for its own to go through that process to see what ginia then be recognized for 10 minutes. costs. The report verifies the stronger committees have jurisdiction over the The ACTING PRESIDENT pro tem- financial position of the Iraqis due to language in our bill, other than the pore. Without objection, it is so or- the unanticipated windfall brought Armed Services Committee. Then the dered. about by record-high oil revenues. Ac- House and the Senate staffs have to The Senator from Maine is recog- cording to the GAO, Iraq is likely to match up these provisions for con- nized. receive between $67 billion and $79 bil- ference. That usually takes 2 days— Ms. COLLINS. Mr. President, I thank lion in revenues from oil sales in 2008 usually takes 2 days. So if we are my colleagues for finally working this alone—twice the average of revenues lucky, we could start conference 3 to 4 out. between 2005 and 2007. Yet the Iraqis days after passage of this bill, although I rise today in strong support of the still have not adequately invested in it usually takes a longer period of Fiscal Year 2009 National Defense Au- reconstruction efforts in their own time. So if we pass this bill tomorrow, thorization Act. Let me begin by country. In fact, they have spent just that would take us to the end of the— thanking the committee’s distin- 28 percent of the $12 billion investment that would take the House to the end guished chairman, Senator LEVIN, for budget. of the week to be ready for conference, his leadership, and also Senator WAR- In addition, the Iraqis had approxi- if we started conference on Monday. NER, who is taking on double duty, act- mately $29 billion in surplus funds that Whatever period the conference takes, ing as the ranking Republican on the actually went unused during the past 2 even if it took 2 or 3 days, it is the mid- committee in the absence of Senator years. When Americans are struggling dle of next week. That is before the 4- MCCAIN. I want to take this oppor- with the high cost of energy, a weak- day period is triggered. tunity to thank the senior Senator ening economy, and a burdensome def- Mr. WARNER. Mr. President, if the from Virginia for his years of service icit, there is simply no reason for the Senator will yield, the chairman and I on the committee. He has been a true American taxpayers to continue paying jointly agreed to ask our staffs to friend to me and to the members of our for the major reconstruction projects, begin to preconference this bill. There committee and the armed services of for the salaries, training, and equip- has been a considerable amount of this Nation, and his guidance, wisdom ping of the Iraqi security forces, or the work done in the form of and, above all, his civility in all mat- cost of fuel in a country that has the second largest oil reserves and a bur- preconferencing a number of issues. ters will be greatly missed. I deeply ad- Mr. LEVIN. There has. mire him, and I thank him for his lead- geoning budget surplus. Our bipartisan amendment would Mr. WARNER. Once the House sees ership on this bill and on so many shift these costs to the Iraqis. Specifi- the finality of the Senate bill, I am of other issues. cally, our amendment prohibits Amer- the view that the balance can come to- Mr. WARNER. Mr. President, I hum- ica’s tax dollars from being spent on gether fairly swiftly. So I think we bly thank my distinguished colleague major reconstruction projects in Iraq. have somewhat of a difference of opin- and longtime friend. I am certain she It requires the Iraqis to assume the re- ion as to the ability of all people of can take my place. sponsibility of paying for the salaries, good intention to get together and Ms. COLLINS. I thank the Senator. training, and equipping of Iraq’s secu- crunch this time so we can meet the Mr. President, this legislation will rity forces, including the army, the po- projected deadline of adjournment on provide essential training, equipment, and support to our troops as they en- lice, and the Sons of Iraq; it initiates the 26th, as I understand it. negotiations between our Government Mr. LEVIN. I don’t think we have gage in combat overseas and in exer- and the Iraqi Government on a plan to any difference on that, in terms of the cises at home. It also offers an important opportunity for continued debate cover other expenses, such as the fuel ability of people of good faith to get used by American forces when they are things done. as to our Nation’s strategy in Iraq, especially the cost of reconstruction in in-country. Mr. WARNER. Yes. Our proposal was approved unani- Iraq. Mr. LEVIN. This assumes maximum mously by the Senate Armed Services I am particularly pleased the legisla- crunch, what I specified for the Sen- Committee, and it represents a signifi- tion we are now debating contains an ator from Virginia. This is an opti- cant bipartisan change in our policy in amendment that Senators BEN NELSON, mistic view of the timetable, where ev- Iraq. erybody is using 24/7, to the extent that EVAN BAYH, and I offered to alleviate The fact is, the American taxpayers human bodies permit. We don’t have the burden on the American taxpayers cannot wait for the administration to any difference in terms of that. of our operations in Iraq. It is time for act. We must require this significant I am wondering if our two friends the Iraqis to pay more of the costs of reform by changing the law. Asking from Virginia and Maine have resolved securing, rebuilding, and stabilizing the Iraqis to take more responsibility who would go first. Could we then their own country. During the Armed for their own security and for the re- allow them to proceed in the order Services Committee markup, I joined construction of their own country will they have agreed upon, and then the Senators NELSON and BAYH in author- give them a sense of ownership, and it Senator from Virginia and I could pick ing the provisions that are in this bill makes common sense given Iraq’s this up after that. which shift to the Iraqi Government growing budget surplus. That is the Mr. WARNER. Let’s do that. Mr. the costs of securing and rebuilding purpose of our provision, and I urge my President, couldn’t we just do this in- Iraq in order to lift that burden from colleagues to support the proposal that formally? Once we ask unanimous con- the shoulders of the American tax- we have incorporated into the Defense sent, we are in a whole new framework payers. authorization bill. of procedures. I think we recognized While our country is struggling with The legislation before us also in- that, I believe, Senator COLLINS—and a soaring deficit, the Iraqi Government cludes a strong commitment to my distinguished colleague from Vir- is awash in oil revenues. The Special strengthening Navy shipbuilding by in- ginia has graciously allowed her to go Inspector General for Iraq Reconstruc- cluding more than $14 billion for ship- first, and she would be followed by the tion has estimated that Iraq’s oil prof- building programs. It fully supports Senator from Virginia. its will reach $70 billion this year. That the Navy’s shipbuilding priorities. The Mr. LEVIN. Mr. President, I ask is far more than the Government of declining size of our naval fleet is of unanimous consent—— Iraq anticipated when it established its great concern to me. This legislation is Mr. WARNER. We are back to UC. budget of $47 billion. an important step toward reversing The word triggers—— Similarly, on August 5, the Govern- that troubling decline. Mr. LEVIN. It shouldn’t trigger a ment Accountability Office issued a re- The Chief of Naval Operations, Admi- problem. We use it all day around here. port that provided an in-depth exam- ral Roughead, has put forth a plan for I am simply stating the order for the ination of Iraqi revenues, expenditures, a 313-ship Navy. It would address long- two Senators to know. and surpluses. This GAO report understanding congressional concerns that I ask unanimous consent that the scores the need for our amendment re- naval shipbuilding has been inad- Senator from Maine be recognized for quiring the Iraqi Government to as- equately funded. The instability and

VerDate Mar 15 2010 22:10 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\2008SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8818 CONGRESSIONAL RECORD — SENATE September 16, 2008 inadequacy of previous naval ship- advantage of the billions of dollars al- physical properties such as tempera- building budgets has had a number of ready invested in the DDG–1000, is to ture, pressure, corrosion and vibration troubling effects on our shipbuilding proceed with the third ship at this time in critical aerospace components. industrial base and has contributed to even if the Navy ultimately decides to The legislation also provides $3.5 mil- significant cost growth in the Navy’s build more DDG–51s. lion for further development of the rip- shipbuilding programs. The 313-ship The House version of this bill would saw ground vehicle, an innovative un- plan, combined with more robust fund- also require that the next-generation manned tank-like vehicle, manufac- ing by Congress, will begin to reverse class of amphibious ships be powered tured by Howe and Howe Technologies the decline in Navy shipbuilding. by nuclear propulsion systems, even in North Berwick, ME. This technology This bill authorizes funding for con- though the shipyard that currently will have the ability to provide force struction of a third Zumwalt class de- builds those ships does not have either security for our troops by taking them stroyer. The DDG–1000 represents a sig- the facilities or certifications required directly out of harm’s way. nificant advancement in Navy surface to construct nuclear-powered ships. Finally, I am pleased that this bipar- combatant technology. This provision could dramatically in- tisan Defense bill also authorizes a 3.9 It is critical that the construction of crease the costs of future amphibious percent across-the-board pay increase the first two DDG–1000 destroyers con- force vessels, with some estimates stat- for servicemembers, half a percent tinue on schedule without further ing it could be as much as $800 million above the President’s budget request. delay. It is equally important that more per ship. This would reduce the This bill provides the necessary re- Congress provide full funding for the overall number of ships that could be sources to our troops and our Nation third ship. built at a time when the Navy is seek- and recognizes the enormous contribu- The dedicated and highly skilled ing to revitalize and modernize its tions made by the State of Maine. The workers at our Nation’s surface com- fleet. It is completely contradictory to bill provides the necessary funding for batant shipyards, such as the Bath Iron the Chief of Naval Operations 313-ship our troops, and I offer it my full sup- Works in my great State of Maine, are plan. port. Mr. WARNER. Mr. President, if I simply too valuable to jeopardize with I am pleased that our Senate bill also might ask my colleague for 30 seconds. any cuts or delays in this program. To includes funding for additional littoral I listened carefully to the Senator’s date, the Navy has spent more than $11 combat ships. While this program has thoughts on the Iraqi funding issue. I billion on research, development, de- suffered a number of setbacks, the commend the Senator for that. We tailed design, and advanced procure- Navy, with the help of Congress, has have amendments that address it. In ment for this program. In addition, in- taken significant steps in order to the managers’ package are certain dustry, including not just our ship- begin to get this program under con- amendments that the Senator from yards but also a multitude of vendors trol. These ships are important for the Maine put in. That is a very important in over 48 States, has made significant Navy in order to counter new, asym- issue. We owe no less responsibility to investments in preparation for building metric threats, and the Navy needs to the American taxpayers but to assure this new class of ship. It is critically get these ships to the fleet soon. that every single dollar going into that important in these tight budget times I am pleased that the Senate Armed area at this time is absolutely essen- that we not throw away the investment Services Committee also agreed to my tial for the purpose of the mission of our country has made as the Navy pre- request for $25 million in additional our troops and otherwise, and that the pares to build the destroyer for the 21st funding to continue the modernization Iraqi Government be made aware that century. That is why I am so concerned program for the DDG–51 Arleigh Burke they are a sovereign government now that the House version of the Defense class destroyers. This program provides and such expenses as can be should be authorization bill eliminates funding significant savings to the Navy by ap- borne by that Government. for the construction of a third ship, plying some of the technology that is Ms. COLLINS. I thank the chairman. and even more troubling, does not pro- being developed for the DDG–1000 de- I agree with his comments. I am de- vide sufficient funding for the con- stroyer and back fitting the DDG–51, lighted with the support he and the struction of any surface combatant. which may reduce the crew size by 30 chairman have given to this effort. I Mr. President, as the threats from to 40 sailors. thank the Senator. around the world continue to grow, it The Senate’s fiscal 2009 Defense au- The ACTING PRESIDENT pro tem- is vitally important that the Navy thorization bill also includes funding pore. The junior Senator from Virginia have the best fleet available to counter for other defense-related projects that is recognized. those threats, keep the sealanes open, benefit Maine and our national secu- Mr. WEBB. Mr. President, I ask and to defend our Nation. rity. unanimous consent to speak for up to Bath Iron Works and the shipyards of The bill also authorizes $20.6 million 15 minutes on amendment No. 5499. this country are ready to build what- for construction of a new drydock sup- The ACTING PRESIDENT pro tem- ever ships the Navy needs. But it is vi- port facility at the Portsmouth Naval pore. Without objection, it is so or- tally important that there not be a gap Shipyard in Kittery, ME. This drydock, dered. in shipbuilding that jeopardizes our in- and its accompanying support facility, Mr. WEBB. Mr. President, I will dustrial base. I am pleased with the are essential for the shipyard’s future begin by associating myself with many funding provided in this bill. I look for- work on Virginia-class submarines, the of the remarks made by the Senator ward to resolving this important issue Navy’s newest attack submarine. from Maine. As someone who served as in conference. Funding is provided for machine guns the Secretary of the Navy, along with Earlier this year, the Navy proposed and grenade launchers, both of which the senior Senator from Virginia, I to truncate the DDG–1000 program are manufactured by the highly skilled have strong feelings about the strength after just two ships. In July, after fur- workers at Saco Defense in Saco, ME. of the Navy and the size of our fleet. ther evaluation, the Navy realized the In addition, the legislation provides I introduced an amendment on Fri- terrible effect that such a decision $1.5 million to the University of Maine day that I would like to urge my col- would have on the industrial base and for the continued research and develop- leagues to examine and support. We are on our shipyards, in particular. It ment of modular ballistic tent insert in an odd situation in the business of would have created a gap in work for panels. These panels provide crucial Government at the moment in that the Bath Iron Works because of the delays protection to servicemembers in tem- international authority for the United and costs inherent in restarting the porary dining and housing facilities in States to be operating in Iraq will ex- DDG–51 line. mobile forward operating bases in Iraq pire at the end of this year. The U.N. It is important to note that Bath and Afghanistan. mandate, through the U.N. Security Iron Works is prepared to build what- The bill also authorizes an additional Council, expires at that time. ever ships the Navy needs, but that $1.5 million for the University of Since last November, this adminis- there must be a stable work plan to Maine’s work on high temperature sen- tration has been negotiating what is sustain the industrial base. The best sors that is important to the Air Force. called a Strategic Framework Agree- way to achieve that goal, and to take These sensors are capable of sensing ment that is intended to replace the

VerDate Mar 15 2010 22:10 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\2008SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 16, 2008 CONGRESSIONAL RECORD — SENATE S8819 international authority of that U.N. Iraq at a time when we have hundreds implications for this country, and this mandate. Two questions have come up, of thousands of Americans on the would be the sense of the Congress. We however, with respect to what the ad- ground in that country. need to be saying that. The Iraqis need ministration is doing. The first is the I and several other colleagues have to hear it from the Congress. timeline. This is an agreement that, by been warning of this serious disconnect The amendment also puts Congress all accounts, has not yet been fully ne- for 10 months. Many of us were trying and the administration on record re- gotiated. It is being negotiated by the to say last November that apparently garding the many assurances that the administration without the participa- the intention of this administration Bush administration has made to fully tion of the Congress, and there are in- has been to proceed purely with an Ex- consult with the Congress with respect dications from Iraq that the Iraqi Gov- ecutive agreement to drag this out to all the details of the Strategic ernment negotiators themselves have until the Congress was going out of ses- Framework Agreement and the Status serious questions that had not been an- sion, as we are about to do, and then to of Forces Agreement and that copies of ticipated at the beginning of this proc- present essentially a fait accompli in the full text of these agreements will ess. So we have a potential, with the the sense that with the expiration of be provided to the chairmen and rank- timeline, that the U.N. mandate will the international mandate from the ing minority members of the appro- run out at the end of the year and United Nations at the end of the year, priate committees in the House and the there will not be an agreement in place something would have to be done, and Senate prior to the entry into either of that authorizes the presence of our that something would be an Executive these agreements. forces in Iraq under international law. agreement that to this point the Con- It is important to say that the Stra- The larger question is constitutional. gress has not even been allowed to ex- tegic Framework Agreement that has What entity of the Federal Govern- amine. We have not been able to see been mutually agreed upon by the ne- ment has the authority to enter the one word of this agreement. gotiators from our executive branch United States into a long-term rela- We tried to energize the Congress. We and the Iraqi Government officials will tionship with another government? met with all of the appropriate admin- cease to have effect unless it is ap- Both of these are serious issues. I sub- istration officials. There have been proved by the Congress. This amend- mit that the conditions under which we hearings. There have been assurances ment states that within 180 days of the will continue to operate in Iraq mili- from the administration that they will entry into force of that agreement, the tarily, diplomatically, economically, consult at the appropriate time, as Congress would approve it. We are not and even culturally, are not the sole they define it. We have seen nothing. calling for the full and complicated business of any administration. These And so we are faced with a situation procedures of a treaty, but we are say- questions involve the legal justifica- that is something of a constitutional ing a majority of the Congress should tion under domestic and international coup d’etat by this administration. approve any agreement that has been law for the United States to operate I say to my colleagues that we all entered into. militarily—and quasi-militarily, by the should be very concerned. At risk is a On the one hand, this agreement rec- way, given the hundreds of thousands further expansion of the powers of the ognizes the realities of where we are in of independent contractors that are Presidency, the result of which would terms of timelines, but on the other it now essentially performing military be to affirm in many minds that the protects the constitutional processes functions in that country. President—any President—no longer by which we are entering into long- There are questions about the proc- needs the approval of Congress to enter term relations with other countries, ess by which the U.S. Government de- into long-term relations with another whether it is Iraq or any other country cides upon and enters into long-term country, in effect committing us to ob- around the world. ligations that involve our national se- relations with another nation—any na- We need, as a Congress, to preserve curity, our economic well-being, and tion. In that regard, there are serious this process. It does not operate in a our diplomatic posture around the questions about the very working of way that would disrupt our operations world without the direct involvement the constitutional system of our Gov- in Iraq. I urge my colleagues to join me of the Congress. This is not what the ernment. on this amendment and protect the This administration has claimed re- Constitution intended. It is not in the prerogatives of the Congress under the peatedly since last November that it best interest of the country. Constitution. has the right to negotiate and enter This amendment, which I offered on I understand this amendment will be into an agreement that will set the fu- Friday, is designed to prevent this sort included in the unanimous consent re- ture course of our relations with Iraq of imbalance from occurring and at the quest that will come for a vote later without the agreement, the ratifica- same time it recognizes the realities of today. I hope my colleagues will sup- tion, or even the participation of the the timelines that are now involved port me on it. Congress. with respect to the loss of inter- The administration claims the jus- national authority for our presence in Mr. President, I yield the floor. tification for this authority can be Iraq at the end of this year. Mr. WARNER. Mr. President, if I found in the 2002 congressional author- The amendment is a sense of the Con- may say, I have been viewing the two ization for the use of force in Iraq or, gress. On the one hand, it is a sense drafts of the UCs. Momentarily, I ex- as a fallback position, the President’s that we should work with the United pect the chairman and I will decide inherent authority, at least from the Nations to extend the U.N. mandate up how to deal with it. But I assure the perspective of this administration, as to an additional year, giving us some Senator that the Webb amendment is Commander in Chief. additional international authority for in both drafts of UCs. Both of these justifications are pat- being in Iraq, if needed, taking away The ACTING PRESIDENT pro tem- ently wrong. The 2002 congressional au- the pressure of this timeline that could pore. The Senator from Michigan. thorization to use force in Iraq has be used to justify an agreement that Mr. LEVIN. Mr. President, I com- nothing to do with a negotiation of a the Congress has not had the ability to mend Senator WEBB for this sense-of- government which replaced the Sad- examine, but also saying that an exten- the-Senate resolution. We have the as- dam Hussein government which did not sion of the U.N. mandate would end at surance of the administration that exist in October of 2002, as to the fu- any time where a Strategic Framework they will share the text with the lead- ture relations culturally, economi- Agreement and a Status of Forces ership of the Congress and with the cally, diplomatically, and militarily Agreement between the United States chairmen and ranking members of the between our two countries. and Iraq would be mutually agreed Senate and House Armed Services On the other hand, we are faced with upon. Committees and Foreign Relations the reality that the U.N. mandate will The amendment also makes the point Committees. But this goes beyond it expire at the end of this year and that that the Strategic Framework Agree- and takes an essential step beyond that this expiration will terminate the au- ment now being negotiated between commitment. thority under international law under the United States and Iraq poses sig- We should be involved in this kind of which the United States is operating in nificant, long-term national security a long-term relationship. I commend

VerDate Mar 15 2010 22:10 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\2008SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8820 CONGRESSIONAL RECORD — SENATE September 16, 2008 the Senator from Virginia for his draft- Specifically, the bill provides the fol- serve Component members, supports Amend- ing of this amendment. It is very care- lowing: ment 5356 of the Senate Defense Authoriza- ful. I believe, based on the assurance of An increase of 7,000 soldiers, 5,000 mation bill, S. 3001, which grants transitional Senator WARNER, that it will be in- rines, and 3,371 full-time personnel for health care to active duty personnel as they cluded in any UC that is propounded. I the Army National Guard and Army become a member of the armed forces re- hope that UC—any UC—can be adopted Reserve over the 2008 force structure serve component. and that, indeed, it will include the levels; a 3.9-percent pay raise for all It is important to reduce the barriers that Webb amendment as having the assur- military personnel; a total of $125 bil- prevent people from joining the National ance of a vote. lion for military personnel to improve Guard or Reserve. Providing transitional Mr. WEBB. I thank the chairman and allowances, bonuses, permanent change TRICARE health coverage permits serving the senior Senator from Virginia. of station moves, and death benefits; members and their families to continue with The ACTING PRESIDENT pro tem- reauthorization of over 25 types of bo- the same coverage they received while on ac- pore. The Senator from Georgia. nuses and special pay to promote en- tive duty, and allow them time to qualify for Mr. CHAMBLISS. Mr. President, I listment and continued military serv- TRICARE Reserve Select. Your amendment ask the Chair to notify me when I have ice; more rigorous oversight procedures provides a recruiting incentive that helps reached the 1-minute mark. for military housing privatization the individual, his or her family and the Mr. President, I first want to say, as projects; and a report to Congress on armed forces. I rise to support the National Defense the implementation of the Yellow Rib- Thank you for your efforts on this key Authorization Act of 2009 and honor all bon Reintegration Program. issue, and other support to the military that of our service members and their fami- I also have several amendments to you have shown in the past. Please feel free lies who continue to serve and sacrifice the bill, all of which I understand will to have your staff call ROA’s legislative di- for the sake of the country, that I am be included in a manager’s package. I rector, Marshall Hanson with any question very appreciative of the leadership of wish to discuss these amendments very or issue you would like to discuss. Sincerely, both Chairman LEVIN and Senator briefly. First, last year, I worked with many DENNIS M. MCCARTHY, WARNER and, obviously, Senator Lieutenant General USMC (Retired), MCCAIN who has been absent some and of my colleagues to include a provision Executive Director. Senator WARNER has so ably filled in. in the National Defense Authorization Chairman WARNER will always be bill allowing for members of the Guard Mr. CHAMBLISS. Mr. President, an- chairman to me. He has been my dear and Reserve who deploy in support of a other amendment I have offered to the friend through many years. What a contingency operation to receive their bill, along with my colleague from great service to our country this great retired pay early based on how much Georgia, Senator ISAKSON, provides a American has provided in the true Vir- time they deploy. This year, Senator sense of the Senate on the care of ginia gentleman tradition. He has al- KERRY and I, along with 15 other Sen- wounded warriors. Last year’s Defense ways been such an asset to this body ators, have offered an amendment that Authorization bill contained the would make this provision retroactive and such an asset to our men and Wounded Warrior Act which went a to include any duty performed after women in uniform. I thank Senator long way to helping DOD and Depart- WARNER for his great service, I thank September 11, 2001. This amendment recognizes a signifi- ment of Veterans Affairs establish a him for his friendship, and I thank him network of recovery care coordinators for what he does every day for our men cant sacrifice that members of the who would work to manage and coordi- and women in uniform. Guard and Reserve and their families Mr. WARNER. Mr. President, I hum- have made since 9/11 in answering the nate care for recovering servicemem- bly acknowledge the gracious remarks, call of duty. It is only right that their bers. This is a powerful program and and I express my appreciation. duty and support of the global war on stands to make a huge impact in the Mr. CHAMBLISS. Mr. President, last terrorism since September 11 be recog- lives of our wounded warriors. My week marked the seventh anniversary nized and included when considering amendment calls on DOD and the VA of the day our country was attacked by when they should receive retired pay. to expedite the recruiting, training, terrorists, resulting in the deaths of It is my hope we can keep this provi- and hiring of these personnel, and also approximately 3,000 innocent people. sion in conference and included in the to partner with civilian institutions, Since that day and for the past 7 years, final version of the bill. such as the Medical College of Georgia our Nation has devoted itself to win- Also for the Guard and Reserve, I School of Nursing, to help train these ning the global war on terrorism. have offered an amendment, cospon- personnel and ensure they have access sored by my colleague MARK PRYOR It is astonishing how the commit- to the most up-to-date research and from Arkansas, which would provide ment of our soldiers, airmen, sailors, skills in order to best serve our wound- 180 days of transitional health care for and marines has inspired the Afghan ed warriors. and Iraqi people to build their own po- members leaving active duty who agree litical framework, improve their secu- to affiliate with the Guard and Re- Two other amendments I will men- rity and infrastructure, and promote serve. An identical provision was spon- tion briefly are first a sense of the Sen- human rights, freedom, and democracy sored and included in the House bill by ate that the Air Force should conduct in their respective countries. I am my good friend Congressman SANFORD a robust demonstration of the SYERS proud to say that our commitment to BISHOP from Georgia. This amendment system on the Joint STARS aircraft. and investment in the global war on provides a powerful incentive for mem- SYERS would provide an expanded terrorism is now bearing fruits that are bers leaving active duty to join the combat identification capability for leading to a safer and more democratic Guard and Reserve and could result in Joint STARS and the Air Force should world. several thousand more people entering fully explore its utility and the possi- All of our accomplishments in this the Guard and Reserve each and every bility of incorporating SYERS on the area start with our servicemembers year. entire Joint STARS fleet. and their families who every day face I ask unanimous consent to have Second, I have offered an amendment the challenges, sacrifices, and dangers printed in the RECORD a letter of sup- inherent in the profession of arms. port for this amendment from the Re- that would require DOD to report to Congress is entrusted with providing serve Officers Association. Congress on the requirement for Non- the necessary resources, policies, and There being no objection, the mate- dual status National Guard techni- programs for our servicemembers and rial was ordered to be printed in the cians. These personnel are often used military departments in order to en- RECORD, as follows: to backfill deploying Guard personnel, sure their success. RESERVE OFFICERS ASSOCIATION, and due to the large number of deploy- This year’s National Defense Author- Washington, DC, September 15, 2008. ments, we need to look at expanding ization Act serves as the vehicle to do Hon. SAXBY CHAMBLISS, the number of Non-dual status techni- Chairman of the Senate Reserve Caucus, Russell just that and provides the resources Office Building, Washington, DC. cians as a means of ensuring the and policies to carry out the missions DEAR SENATOR CHAMBLISS: The Reserve Of- Guard’s home State missions are not we ask of our military. ficers Association, representing 65,000 Re- neglected.

VerDate Mar 15 2010 22:10 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\2008SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 16, 2008 CONGRESSIONAL RECORD — SENATE S8821 The National Defense Authorization The PRESIDING OFFICER. The you will find that over the last 7 or 8 Act is designed to strengthen our mili- clerk will call the roll. years, this country has not been kind tary, provide the required resources to The assistant legislative clerk pro- to them. Their spending power has the Department of Defense to carry out ceeded to call the roll. been reduced. They continue to work. the responsibilities our Nation asks of Mr. DURBIN. I ask unanimous con- They are productive workers. Amer- them, and to improve our servicemem- sent that the order for the quorum call ica’s economy is a productive economy. bers’ and their families’ quality of life. be rescinded. And yet they have not been rewarded The proposed legislation and the fund- The PRESIDING OFFICER. Without for their work. Their wages have not ing priorities will ensure that our Na- objection, it is so ordered. kept up with the cost of living. They tion maintains an adept and quality Mr. DURBIN. I ask unanimous con- have fallen behind under this Bush ad- force to defend our country and allow sent to speak as in morning business. ministration some $2,000 worth of us to continue to be an ambassador for The PRESIDING OFFICER. Without spending power at a minimum. These a prosperous and peaceful world. I com- objection, it is so ordered. The Senator are the people who are paying $4.50 per mend the chairman, the ranking mem- is recognized. gallon of gasoline trying to figure out ber, and committee staff for their hard THE ECONOMY how to get back and forth to work and work on the bill and their diligence in Mr. DURBIN. Mr. President, we con- to meet their obligations to their fami- bringing it to the floor. tinue to read today, as we did yester- lies and friends. Unfortunately, the bill does have sev- day, about dramatic changes in the These are folks who are struggling eral problematic provisions, including American economy, particularly the with the cost of groceries and clothing. an unnecessary limitation on the role problems facing many of our larger fi- They are the same ones trying to fig- of private security contractors and an nancial institutions. ure how in the world to put their kids unnecessary prohibition on trained and Not that many weeks ago, the Fed- through college so their kids will not qualified personnel conducting lawful eral Government stepped in when Bear end up with student loans that look interrogations. I hope we can address Stearns was in a terrible economic like their first mortgages. and resolve these issues in conference state and took over the responsibility They are worried also about health in a way that best serves our military for that company. It was an extraor- care, about the health insurance plans personnel and allows them to effec- dinary decision because this is a com- that do not cover as much this year as tively carry out their responsibilities. pany that we had not regulated as a they did last year. They are worried I also hope the Senate can complete Federal Government, not one at least about the out-of-pocket payments they action on this very important piece of in detail. We knew their transactions may have to make. They realize, most legislation and proceed to a House-Sen- and balance sheets, but we put the full of them, they are one diagnosis away ate conference and passage of a con- faith and credit of the American people from bankruptcy. That is the reality of ference report prior to the end of this and our Treasury behind rescuing Bear life in the economy beyond Wall month. Stearns. Street. I yield the floor. Then a little over a week ago the de- So when you look across the board at The ACTING PRESIDENT pro tem- cision was made by this administration this economy, you realize the funda- pore. The Senator from California is to do the same for two entities, Gov- mental weaknesses of what we face recognized. ernment-sponsored entities, Fannie today. Of course, the housing market Mrs. FEINSTEIN. I thank the Chair. Mae and Freddie Mac. These were the has been the catalyst for some of the (The remarks of Senator FEINSTEIN major institutions for housing in problems we now see. It turned out pertaining to the introduction of S. America. Between them, some 50 per- that the greed of Wall Street, of the 3493 are located in today’s RECORD cent of all mortgages were being held. overreaching of some companies, led to under ‘‘Statements on Introduced Bills It was understandable that decision loans and mortgages which were to- and Joint Resolutions.’’) was made because the alternative was tally unwise. Mrs. FEINSTEIN. Mr. President, I unthinkable. If Fannie Mae and Many of those now have resulted in yield the floor. Freddie Mac should collapse, it would foreclosures, where people are having Mr. LEVIN. Mr. President, I suggest jeopardize not only mortgages and to leave their homes. Their misfortune the absence of a quorum. homeowners but also the American is being visited on their neighbors. I re- The ACTING PRESIDENT pro tem- economy. It is such a large part, it is cently had an appraisal on my home in pore. The clerk will call the roll. understandable that the administra- Springfield. It is the same home I lived The legislative clerk proceeded to tion stepped in to make that decision. in when I was first elected to Congress call the roll. Now this week comes a new round. many years ago. I have been there a Mr. LEVIN. Mr. President, I ask Lehman Brothers, a company in New long time. I have to tell you the value unanimous consent that the order for York which has prospered for many of my home has gone down 20 percent. the quorum call be rescinded. years, now faces bankruptcy, and along Why? It is not because we did not The ACTING PRESIDENT pro tem- with it the question of the future of keep it up—we do a fairly good job with pore. Without objection, it is so or- Merrill Lynch, a major brokerage that—it is because the economy is dered. house which appears to be in line to be weak in my hometown of Springfield, f acquired by Bank of America. IL, and foreclosures nearby have taken These are dramatic and unsettling their toll on the value of my home. We RECESS events and a reminder to all of us that made all of our mortgage payments, The ACTING PRESIDENT pro tem- the state of the American economy is but the value of our home went down 20 pore. Under the previous order, the not as sound and solid as we would like percent. That is the reality a lot of Senate stands in recess until the hour to see it. But those are the events people are facing. My story is not one of 2:15 p.m. which happened at the highest levels of that should bring tears to anybody’s Thereupon, the Senate, at 12:34 p.m., finance and the highest levels of Wall eyes; we will get through it. But a lot recessed until 2:15 p.m. and reassem- Street. of folks cannot. They cannot get bled when called to order by the Pre- All of us representing our constitu- through this, and that is where we are siding Officer (Mr. CARPER). ents—I represent Illinois—have trav- in the economy today. f eled around our States and met with How did we reach this point? We small business men and women, family reached this point when we adopted a NATIONAL DEFENSE AUTHORIZA- farmers, and families as well, talking mentality that was dominant in this TION ACT FOR FISCAL YEAR about the situation they face today. city for so long that, first, get Govern- 2009—Continued They do not make the headlines as ment off my back. Government is my The PRESIDING OFFICER. Who Merrill Lynch or Lehman Brothers, but enemy. Deregulate. seeks recognition? they should because if you go across That was a pretty popular mantra Mr. LEVIN. Mr. President, I suggest the board and talk to these working around here 10 or 15 years ago. In fact, the absence of a quorum. families, these middle-income families, a lot of people laughed about it. Even

VerDate Mar 15 2010 22:10 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\2008SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8822 CONGRESSIONAL RECORD — SENATE September 16, 2008 people such as the venerable wise crit- have fallen behind in their spending That is why this election is so funda- ic, Rush Limbaugh, said: If we close power, where they find it difficult to mental. If we want to continue the eco- down the Federal Government no one live paycheck to paycheck, let alone nomic policies of the Bush-Cheney ad- would even notice. save some money. He cannot be talking ministration that have led us to this Well, he was wrong when he said it. about an economy with $4.50 gasoline, sorry moment, then Senator MCCAIN is He would certainly be wrong today be- with diesel fuel that is even more ex- clearly the person who should lead this cause what has happened to us is a re- pensive, and jet fuel that is running country for the next 4 years. But if we minder that there is an appropriate the aviation industry out of business. are going to change those policies, if and important role that Government What economy is JOHN MCCAIN talk- we are going to give middle-income and needs to play. As strong as our entre- ing about? It is interesting how close working families a fighting chance in preneurial free market economy is, if his quote comes to one from another this economy, if we are going to have a it is not subject to oversight and ac- person who happened to be elected Tax Code written not to reward wealth countability, it can spin out of control. President. His name was Herbert Hoo- but to reward work for a change, then That is what happened with this ver; the date was October 25, 1929. This we need a change in Washington. We subprime mortgage market. Instead of was just shortly before, days before, need to have a new approach, not only having appropriate oversight and ac- the great stock market crash. a new economic and tax policy but the countability, loans were made which Here is what President Herbert Hoo- kind of regulation that provides pro- made no sense whatsoever, and eventu- ver said then: tection from the excesses of the mar- ally that credit operation collapsed The fundamental business of the country, ket. Even Senator MCCAIN yesterday leading to the foreclosures we see that is production and distribution of com- referred to the greed on Wall Street. today. modities, is on a sound and prosperous basis. Left unchecked, unfettered, this greed What we see on Wall Street now with That was said days before the stock can spin out of control. That is why many of these investment banks going market collapsed. This quote from there is such a fundamental choice fac- under are credit institutions which are JOHN MCCAIN yesterday is reminiscent ing American families in only 7 weeks. not subject to Government regulation. of President Hoover. It shows the same I ask unanimous consent to have the It is like playing ‘‘off the books.’’ If a lack of connection to the real world in New York Times article to which I re- business does that, the IRS comes in which people are living. ferred printed in the RECORD. and says: You have just violated the When it comes to Senator MCCAIN’s There being no objection, the mate- law. You are supposed to put every- philosophy and how we should ap- rial was ordered to be printed in the thing on the books and report to us. proach these issues, he has been pretty RECORD, as follows: Well, there is a whole world of credit outspoken. It has been printed this [From the New York Times, Sept. 16, 2008] and finance that is ‘‘off the books’’ morning in an article in the New York IN CANDIDATES, 2 APPROACHES TO WALL when it comes to regulation and over- Times written by Jackie Calmes. She STREET sight by the Federal Government. And wrote: (By Jackie Calmes) that is the world that is collapsing. It In early 1995, after Republicans had taken WASHINGTON.—The crisis on Wall Street control of Congress, Mr. MCCAIN promoted a is an indication to me that when we will leave the next president facing tough moratorium on Federal regulations of all faced a similar situation 75 years ago, choices about how best to regulate the finan- kinds. He was quoted as saying that exces- with the Great Depression, that Frank- cial system, and although neither Senator sive regulations were ‘‘destroying the Amer- lin Roosevelt got it right. He under- Barack Obama nor Senator John McCain has ican family, the American dream,’’ and vot- yet offered a detailed plan, their records. and stood that the economic problems in ers ‘‘want these regulations stopped.’’ The the principles they have set out so far sug- America called for sensible regulation moratorium measure was unsuccessful. and disclosure and transparency and gest they could come at the issue in very dif- He told the Wall Street Journal last ferent ways. accountability. March: ‘‘I’m always for less regulation, On the campaign trail on Monday, Mr. He created agencies which responded but I am aware of the view that there McCain, the Republican presidential nomi- to the economy of the day. Regulation, is a need for government oversight’’ in nee, struck a populist tone. Speaking in yes, but without that regulation, un- situations like the subprime lending Florida, he said that the economy’s under- fortunately, the market was spinning crisis, the problem that has cascaded lying fundamentals remained strong but were being threatened ‘‘because of the greed out of control to the detriment of ev- through Wall Street this year. eryone, not just business owners but by some based in Wall Street and we have Senator MCCAIN concluded: ‘‘But I got to fix it.’’ workers, farmers, and people who are am fundamentally a deregulator.’’ just trying to get by. But his record on the issue, and the views Later that month Senator MCCAIN of those he has always cited as his most in- We need to return to a mindset which gave a speech on the housing crisis in fluential advisers, suggest that he has never says there is an appropriate role for which he called for less regulation say- departed in any major way from his party’s Government. There are things which ing: embrace of deregulation and relying more on our Government can do which private Our financial market approach should in- market forces than on the government to industry, on its own devices, will not clude encouraging increased capital in finan- exert discipline. do. That is why we need to be more cial institutions by removing regulatory, ac- While Mr. McCain has cited the need for sensible when it comes to regulation. counting and tax impediments to raising additional oversight when it comes to spe- Yesterday, the Republican candidate capital. cific situations, like the mortgage problems behind the current shocks on Wall Street, he for President, JOHN MCCAIN, said: Senator MCCAIN has been consistent. has consistently characterized himself as Our economy, I think still the fundamen- He has opposed Government oversight, fundamentally a deregulator and he has no tals of our economy are strong. accountability, and regulation. Now, it history prior to the presidential campaign of I would say that Senator MCCAIN can go too far. Do not get me wrong. advocating steps to tighten standards on in- does not accurately portray our econ- We have seen it at its worst. But if you vestment firms. omy today. I wonder which economy he do not have a fundamental oversight He has often taken his lead on financial is talking about? Is he talking about effort being made by the Government, issues from two outspoken advocates of free market approaches, former Senator Phil an economy with record unemploy- then consumers and the economy are Gramm and Alan Greenspan, the former Fed- ment, the highest in 5 years? Is he at the mercy of those who go too far. eral Reserve chairman. Individuals associ- talking about an economy with record Inevitably they will go too far. I can ated with Merrill Lynch, which sold itself to home foreclosures, the most since the recall the savings and loan crisis, lead- Bank of America in the market upheaval of Great Depression? Is he talking about ing to a taxpayers bailout. I now see the past weekend, have given his presidential an economy where people’s savings the problems in the subprime mortgage campaign $300,000, making them Mr. that they count on for the future—the situation leading to a taxpayers bail- McCain’s largest contributor, collectively. value of their home or their 401(k) or out of Fannie Mae and Freddie Mac, Mr. Obama sought Monday to attribute the financial upheaval to lax regulation during their retirement account—have been Bear Stearns, and maybe others. If we the Bush years, and in turn to link Mr. diminished by the state of this econ- do not keep an eye on their activities McCain to that approach. omy? He cannot be talking about the and demand accountability, we will end ‘‘I certainly don’t fault Senator McCain for economy where middle-income families up paying the price. these problems, but I do fault the economic

VerDate Mar 15 2010 22:10 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\2008SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 16, 2008 CONGRESSIONAL RECORD — SENATE S8823 philosophy he subscribes to,’’ Mr. Obama ulation, saying, ‘‘Our financial market ap- The PRESIDING OFFICER. Is there told several hundred people who gathered for proach should include encouraging increased objection? an outdoor rally in Grand Junction, CO. capital in financial institutions by removing Mrs. BOXER. I also ask unanimous Mr. Obama set out his general approach to regulatory, accounting and tax impediments consent that the Republican leader’s financial regulation in March, calling for to raising capital.’’ regulating investment banks, mortgage bro- Yet Mr. McCain has at times in the presi- time begin 5 minutes after I begin. kers and hedge funds much as commercial dential campaign exhibited a less ideological The PRESIDING OFFICER. Without banks are. And he would streamline the streak. As he did on Monday, he from time objection, it is so ordered. overlapping regulatory agencies and create a to time speaks in populist tones about big Mrs. BOXER. Mr. President, I rise to commission to monitor threats to the finan- corporations and financial institutions and address the Senate not only as a Sen- cial system and report to the White House presents himself as a Theodore Roosevelt- ator from the largest State in the and Congress. style reformer. He supported the Bush ad- Union, a State that is experiencing ministration’s decision to seize Fannie Mae On Wall Street’s Republican friendly turf, many problems that started with the Mr. Obama has outraised Mr. McCain. He has and Freddie Mac, the mortgage giants, and received $9.9 million from individuals associ- he has backed as unavoidable the promise of housing crisis about which we talked a ated with the securities and investment in- taxpayer money to help contain the financial long time ago, before the Fed stepped dustry, $3 million more than Mr. McCain, ac- crisis. in and did something, but I also rise as cording to the Center for Responsive Poli- Other than Mr. Gramm, who as chairman an economics major. I received my de- of the Senate Banking Committee before his tics, a watchdog group. His advisers include gree in economics. My minor was polit- leaving Congress in 2002 worked to block ef- Wall Street heavyweights, including Robert forts to tighten financial regulation, Mr. ical science. I was a stockbroker a long E. Rubin, the former treasury secretary who McCain’s closest adviser on matters of Wall time ago on Wall Street. I know a little is now a senior adviser at Citigroup, another Street is John Thain, the chief executive of bit about Wall Street, and I know a lit- firm being buffeted by the financial crisis. Merrill Lynch, who has raised about $500,000 If many voters are fuzzy on the events that tle bit about the times we are in right for Mr. McCain. Unlike Mr. Gramm, Mr. over the weekend forced Lehman Brothers now. I worked on Wall Street when Thain has a reputation as a pragmatic, non- Holdings Inc. into bankruptcy and Merrill John Kennedy was assassinated. It was ideological, moderate Republican. That the Lynch & Company. to be swallowed by the a horrible time. Confidence was shat- men are Mr. McCain’s touchstones is typical Bank of America Corporation, the con- of his small and eclectic mix of advisers, tered. The stock market actually tinuing chaos among the most venerable making it hard to generalize about how Mr. closed down for a period. Now we are names in American finance—coming on top McCain would act as president. facing a meltdown. The fact is, we are of the recent government seizure of mort- A prominent McCain supporter, Gov. Tim all going to work and hope that it gage giants Fannie Mae and Freddie Mac and Pawlenty of Minnesota, signaled how Mr. doesn’t melt all the way down. the demise of the Bear Stearns Companies— McCain would try to make his antiregula- has stoked their anxiety for the economy, On the day that we learn about Mer- tion record fit the proregulation times that rill Lynch, which was the gold stand- the foremost issue on voters’ minds. the next president will inherit. Mr. Pawlenty So it was that first Mr. Obama and then suggested in an interview on Fox News that, ard of brokerage houses, and AIG, what Mr. McCain rushed out their statements on given the danger that ‘‘any future adminis- I understand is the largest insurance Monday morning before most Americans had tration’’ would go too far, Mr. McCain would company in America, when we hear reached their workplaces. be the safer bet to protect against ‘‘excessive about that and about Lehman Broth- To the extent that travails on Wall Street government intervention or excessive gov- and Main Street have both corporations and ers, which we also hope can survive in ernment regulation;’’ some form via purchase—and certainly homeowners looking to Washington for a Mr. Obama also does not have much of a hand, that helps Mr. Obama and his fellow record on financial regulation. As a first- we know thousands of people have lost Democrats who see government as a force for term senator, he has not been around for the everything—to hear a U.S. Senator— good and business regulation as essential. major debates of recent years, and his eight namely, Senator MCCAIN—say the fun- Yet Mr. McCain has sold himself to many years in the Illinois Senate afforded little damentals of this economy are strong voters as an agent for change, despite his opportunity to weigh in on the issues. sends cold shivers up and down my party’s unpopularity after years of domi- In March 2007, however, he warned of the spine. To think that anyone would say nating in Washington, and despite his own coming housing crisis, and a year later in a antiregulation stances of past years. speech in Manhattan he outlined six prin- that, one would have to go back to the Mr. McCain was quick on Monday to issue ciples for overhauling financial regulation. days of Herbert Hoover, President of a statement calling for ‘‘major reform’’ to On Monday, he said the nation was facing the United States, the day after the ‘‘replace the outdated and ineffective patch- ‘‘the most serious financial crisis since the market crashed in 1929 and we entered work quilt of regulatory oversight in Wash- Great Depression,’’ and attributed it on the the Great Depression. He said: hands-off policies of the Republican White ington and bring transparency and account- The fundamental business of the country, ability to Wall Street.’’ Later his campaign House that, he says, Mr. McCain would continue. Seeking to showcase Mr. Obama’s con- that is production and distribution of com- unveiled a television advertisement called modities, is on a sound and prosperous basis. ‘‘Crisis,’’ that began: ‘‘Our economy in crisis. cerns, his campaign said Mr. Obama led a Only proven reformers John McCain and conference call on the crisis early Monday We have Senator MCCAIN memori- Sarah Palin can fix it. Tougher rules on Wall that included Paul A. Volcker, the former alizing this attitude and these words. Street to protect your life savings.’’ chairman of the Federal Reserve; Mr. Rubin; I wish to spend the rest of my time Mr. McCain’s reaction suggests how the and his successor as treasury secretary, Law- going through the fundamentals of this pendulum has swung to cast government reg- rence H. Summers. Later, citing Mr. McCain’s remarks about economy. I will come back and speak ulation in a more favorable political light as the economy’s strong fundamentals, he told later when I have a little more time to the economy has suffered additional blows a Colorado crowd that Mr. McCain ‘‘doesn’t expand. and how he is scrambling to adjust. While he get what’s happening between the mountain In 1999, the average American family has few footprints on economic issues in in Sedona where he lives and the corridors of spent $3,261 on cost-of-living expenses; more than a quarter century in Congress, power where he works.’’ Mr. McCain has always been in his party’s in 2007, $7,585. The average household One reason for both men’s sketchy records earned less in 2006 than they did in mainstream on the issue. on financial issues is that neither has been a In early 1995, after Republicans had taken member of the Senate Banking Committee, 2000. Incomes are going down. Expenses control of Congress, Mr. McCain promoted a which has oversight of the industry and its are going up—groceries, heating, gas, moratorium on federal regulations of all regulators. Under both parties’ leadership, health care. The fundamentals of our kinds. He was quoted as saying that exces- the committee often has been a graveyard economy are strong? As Senator OBAMA sive regulations were ‘‘destroying the Amer- for proposals opposed by lobbyists for finan- said: What economy? Not this econ- ican family, the American dream’’ and vot- cial institutions, including Fannie Mae and omy. The average household earned ers ‘‘want these regulations stopped.’’ The Freddie Mac, which last week were forced moratorium measure was unsuccessful. into government conservatorships. less in 2006 than they did in 2000. Job ‘‘I’m always for less regulation,’’ he told Industry lobbyists’ success in killing such growth during this administration has The Wall Street Journal last March, ‘‘but I regulations meant senators outside the been the slowest since Herbert Hoover am aware of the view that there is a need for banking panel did not have to take a stand in 1929, the Great Depression. Our econ- government oversight’’ in situations like the on them. omy has lost jobs for 8 straight subprime lending crisis, the problem that months; 84,000 jobs were lost last has cascaded through Wall Street this year. The PRESIDING OFFICER. The Sen- He concluded, ‘‘but I am fundamentally a ator from California. month. The fundamentals of this econ- deregulator.’’ Mrs. BOXER. Mr. President, before omy are strong? What? Later that month, he gave a speech on the the hour of 2:30, I ask unanimous con- One in five Americans is unemployed housing crisis in which he called for less reg- sent to be recognized for 5 minutes. for more than 26 weeks, an increase of

VerDate Mar 15 2010 22:10 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\2008SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8824 CONGRESSIONAL RECORD — SENATE September 16, 2008 8.2 percent over 2001. Americans living has always allowed a robust debate and are confronted with cloture. I then in poverty increased by 5.7 million amendments by Members and, an aver- searched my conscience: What do I do? since 2000, and 37 million Americans age, as I said, of 21. We have had two so Because I am definitely more than live in poverty. The fundamentals of far. Clearly we are not ready to stop sympathetic, completely in support this economy are strong? Spare me. this bill. There is more work to be that the minority has to have certain Existing home sales fell by 22 percent done. Frequently, amendments are em- rights and a certain ability. That is the in 2007. President Bush inherited a sur- bodied in a managers’ amendment, on way this institution is constructed. plus. We now have an enormous deficit. average, of 192 amendments that were I shall vote for cloture for the fol- The debt has increased over $4 trillion agreed to during the consideration of lowing reason: I ran a quick mental since 2001. We are spending $10 billion a the last three DOD authorization bills. calculation. It was 63 years ago, in Jan- month in Iraq. The money is leaving As I said, this year the majority has uary of 1945, that I joined the U.S. the country. We are not making the in- accepted but two. Navy. If I had to point to the one single vestment. The fundamentals of this Now, on our side we had hoped we thing in my some 40 years plus of pub- economy are strong? would have a unanimous consent agree- lic service that has meant the most to Every American, I don’t care what ment that could be entered into at this me personally, it is working with and party—Republican, Democratic, Inde- point to obviate the necessity of the learning from the men and women of pendent—should be up in arms about a vote on cloture. It appears now that the Armed Forces of the United States. leader looking at these figures. I have that will not be the case. So unfortu- My military career on active duty is of only given a little of the story. Let’s nately we are in a situation where we no great consequence, but my learning get real. The fundamentals of this are clearly not ready to call an end to experience was enormous, and I have economy are weak. The people are anx- this bill. There is still a lot more work tried through these 30 years in the Sen- ious, and they should be. It is time for to be done. The two managers have ate to pay back to this generation and change. tried very hard to reach an agreement. future generations of men and women I yield the floor. That has not been possible to do. all the wonderful things, including two The PRESIDING OFFICER. The time Therefore, at least for me—and I don’t GI bills, that were done for me. of the Senator from California has ex- pretend to speak for everyone on the So I could not have this, being al- pired. Who seeks recognition? Republican side—but at least for me, I most the last vote that I will cast in Under the previous order, the time can’t in good conscience vote to close these 30 years, in any other way than until 3:06 is equally divided, with the off debate, bring this bill to a close be consistent with my conscience, as I Republican leader controlling the first when there are so many outstanding have tried to do the best, and will continue to do the best, on behalf of the 15 minutes and the majority leader issues that I know Republicans wish to men and women of the Armed Forces controlling the last 15 minutes. bring to closure. There is one in par- and their families. Mrs. BOXER. I suggest the absence of ticular I will mention before I close. a quorum. I thank my colleagues. There is this matter of earmarks. The PRESIDING OFFICER. The time The PRESIDING OFFICER. The What we had resolved to do in the Sen- of the Senator has expired. clerk will call the roll. ate was to say that only legislative The Democratic leader is recognized. The assistant legislative clerk pro- language would be sufficient for a so- Mr. REID. Mr. President, I had the ceeded to call the roll. called earmark to have the force of opportunity in August to travel to Af- Mr. KYL. Mr. President, I ask unani- law. You couldn’t put earmarks in re- ghanistan. I always try to find the Ne- mous consent that the order for the port language and then expect the ex- vada troops and I was able to do that quorum call be rescinded. ecutive branch to adhere to those ear- because there are a lot of them over The PRESIDING OFFICER. Without marks when it spent the money appro- there. But I talked to troops—not Ne- objection, it is so ordered. priated by Congress. Well, once again, vada troops but American service men Mr. KYL. Mr. President, unfortu- we have the specific items of spending and women. I have had the good for- nately, we are in a situation with this that some call earmarks not put in leg- tune of being able to go to Iraq and bill where we have not been able to islative language except by reference. I talk to our military in Iraq. To try to reach an agreement on how to proceed. know both Senator WARNER and Sen- explain to them that we are not doing I say this notwithstanding the Hercu- ator DEMINT and some others had pro- a Defense authorization bill because lean efforts by the chairman and the posed amendments to deal with that. I minority rights aren’t protected, I ranking member of the committee. would have liked to have voted on a mean what is—what are we doing? This Senator WARNER informed me a mo- Senator WARNER amendment to deal will be the 94th time we voted on clo- ment ago about the negotiations that with that subject but, apparently, ture this Congress—the 94th time—far have been ongoing, literally over the without a unanimous consent agree- breaking any records ever in the his- weekend, and yet it appears that not- ment, that is not going to be possible. tory of our great country; more than withstanding their best efforts it has So there are a variety of things that double. been impossible to find a way to move remain to be done. If we vote for clo- My friend, the distinguished Senator forward on this bill that encompasses ture on the bill, they are not going to from Arizona, says they are not ready amendments or embodies those amend- get done. to end this debate. We have a profes- ments in a managers’ amendment to Therefore, reluctantly, as I said, it sional staff. The Republican staff of the the bill such that the Members, at will be my position to vote against clo- Armed Services Committee is as pro- least on our side, would feel com- ture on this bill. fessional as you can get, and that on fortable proceeding to close off debate Mr. REID. Mr. President, has all time the Democratic side is as professional on the bill and bring debate to a close of Senator MCCONNELL expired? as you can get, led by two of America’s so we could move on with the bill. Un- The PRESIDING OFFICER. There is all-time great Senators: LEVIN and fortunately, I believe we have had two 11⁄2 minutes remaining on the Repub- WARNER. I say that without any degree votes so far on this bill. I think one of lican side. of trying to make them feel good. It is those was on an amendment I offered, The Senator from Virginia is recog- the truth. They are two of the great or it was accepted. nized. Senators in the history of our country. In any event, I think they have ac- Mr. WARNER. Mr. President, this They have worked as hard as they cepted two amendments, we have had will be one of the most difficult votes could to put together a Defense author- two votes, and I am informed that over that I will have had to cast in my al- ization bill. Now, let’s assume we don’t the past three Department of Defense most 30 years in the Senate. I must say do anything to that bill and cloture is authorization bills, we had a rollcall to my dear friend, the chairman of the invoked and we pass that bill. Wouldn’t vote average of 21 votes per bill. That committee, we have worked together that be a great time to celebrate here? is about right for a Defense authoriza- these years and we just made our last Because you know what would happen? tion bill. This is one of the most impor- efforts in the cloakroom to try and We would have a conference with the tant bills we have each year. There is a bridge the gap—I respect both sides— House and work out whatever dif- lot of Member interest. The committee bridge the gap. We failed, and now we ferences in their bill and our bill.

VerDate Mar 15 2010 22:10 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\2008SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 16, 2008 CONGRESSIONAL RECORD — SENATE S8825 This is about earmarks? Oh, come on. our troops and enhance our national ator WARNER, won’t unless we invoke We have had congressionally mandated security. cloture. We need to do that so that he spending since we have been a country. Just a few things: For men and can participate in coming up with the Why? Because our Founding Fathers women in uniform, this bill will give final bill that will lead to a conference set the country up that way. We have almost a 4-percent increase—exactly with the House of Representatives. For three separate branches of government. 3.9 percent increase—a pay raise—to 30 years—as I have said on the floor be- We don’t have a king. We have a Presi- our troops and other military per- fore, I don’t know his predecessors—I dent. He doesn’t make all the deci- sonnel. Do they deserve it? Of course served with a number of them—but the sions. Benjamin Franklin and all of they do. If this bill doesn’t pass, do State of Virginia could not have had a those men who met in Philadelphia they get it? Of course they don’t. This better Senator than JOHN WARNER. wanted us to have three separate will mean more money in the pockets They could have had one as good but branches of government and they de- of military families struggling to make nobody better. These two men have termined what our duties would be in it from one paycheck to the next. It done their very best. I accept the prod- the Constitution. One of them is to de- will help returning heroes afford a uct they have given us, the product we termine the spending. That is our role. place to live or go back to school. We have right here, now, today. I accept it. That is our obligation. Now, are these invest in Defense health programs for Let’s pass it. Let’s invoke cloture on two men trying to hide something from men and women which, among other it, and if there are germane postcloture the American people, trying to sneak things, prevent the need to raise amendments, we will take care of something in to help a military base TRICARE fees. This bill will fight ter- those. That is what these men do. someplace in America? No. Everything rorism and protect our national secu- Now, I want to say one other thing. is transparent. This earmark is only rity, and to tell James Proctor and Let’s not forget that the ranking Re- one of the issues of the day to give people who have served gallantly in publican on the Armed Services Com- somebody something to talk about, to this military that we are not moving mittee is Senator JOHN MCCAIN. I un- talk about how bad government is. forward on this because minority derstand the Presidential campaign During the past 8 years, our Armed rights aren’t protected? takes candidates away from what goes Forces—the best trained, the most cou- This bill funds international non- on here. Both parties realize that. But rageous armed forces the world has proliferation efforts to combat weap- it certainly would have helped move ever known—have been stretched to ons of mass destruction as well as pro- this legislation forward if the ranking the limit. I don’t say this; our military grams that will help us prepare the member of this committee, the Repub- commanders say it. Both civilian and homeland for chemical or biological at- lican nominee for President, had shown military leaders of our country say we tacks. This bill will increase funding leadership and a commitment to this have to help our military. History will for special operations command to cause by talking to his fellow Repub- remember that during these years, de- train and equip forces and support on- licans and saying: Come on, we need to spite tremendous strain, our military going military operations. If we hear get this passed. Not a word publicly or accomplished everything asked of them one thing when we go to Afghanistan, privately, that I know of. with heroism and success. We have all they will tell you how important spe- We have a chance to do the right been to the funerals. I never under- cial operations officers and troops are. thing by coming together to invoke stood until I went to Afghanistan what This bill provides funds supporting the cloture and move toward passing this Shane Patton went through as a SEAL development and use of unmanned aer- legislation. I hope all Senators, Demo- in Afghanistan. I went to that funeral ial vehicles. crats and Republicans, will join to and I thought why is a SEAL in Af- Creech Air Force Base—named after move forward so we can honor and ghanistan. There is no water there. He General Creech who ended his career promptly care for our military fami- is there doing the things they are and his life in Nevada—was named lies, while enhancing our country’s trained to do—going after terrorists— after him, a great military officer. In- ability to meet the security challenges and he was killed in the process. It dian Springs Air Base, it used to be we face. won’t be easy to rebuild our Armed called. It is midway between Las Vegas Let me say that, while I talked about Forces. It must be a priority of our and the Nevada test site. This facility JOHN WARNER, I want to close by talk- next President to give them proper was going to be closed, until they de- ing about CARL LEVIN. I, too, don’t rest, proper training and equipment termined these drones were some of the know all of his predecessors. I do know when they are deployed, and proper most important things in the military, a little history. There could have been physical and mental health care when and this legislation takes into consid- a Senator as good as CARL LEVIN from they return from combat. eration how important unmanned aer- Michigan but no one any better. Part of my security detail as the ma- ial vehicles are. This legislation helps We deserve this legislation. The jority leader—because people don’t like reinforce special intelligence capabili- country deserves this legislation. what I do and say, I have had people ties within the Army and the Marine These two managers deserve this legis- threaten me. I have had as a part of my Corps. This is a very good piece of leg- lation. Let’s invoke cloture. It will security detail a guy by the name of islation, an important step toward re- give us an opportunity to complete this James Proctor. Since I was assistant building our Armed Forces and pro- legislation. I hope we can do that. leader and leader, he has been with me tecting the American people. I ask unanimous consent that Sen- all that time, but it has been inter- I wish I had words adequate to ex- ator LEVIN be given 2 minutes to close rupted by three tours of duty to Iraq. press my personal appreciation—and I the debate. He is an Army officer. Three tours of can speak for everyone on this side of The PRESIDING OFFICER. Without duty. He leaves his little family and the aisle—for the work done by Chair- objection, it is so ordered. heads off to Iraq. For James Proctor— man LEVIN and JOHN WARNER. There The Senator from Michigan is recog- to tell him we are not doing a Defense are no two more honorable people in nized. authorization bill because of earmarks the world; whether they are rabbis, Mr. LEVIN. Mr. President, I thank or because we didn’t have enough time priests, ministers, there is no one who the leader and I thank Senator WARNER to debate it, it is laughable, and he has more credibility and honesty than for his statement in support of cloture. would laugh. They would all laugh. It these two men. I have had conversa- It is a difficult and courageous vote. I is unfair. tions with these two fine Senators, commend them on it. So next January 20, I guess, we will where they said: This is what I am The issue here is not earmarks; the see what we can do to move forward, going to do. Do I need to check back issue is a perception that is being per- because we have to rebuild our Armed with them and ask: Do you really mean petrated that it is about earmarks. Forces. In the meantime, Congress can what you said? No. Their word is their This green book is our committee re- begin, I hope, to do something in the bond. Once they have said it, that is it. port. It lists all of the items to be interim. We can begin now by passing I feel very bad. Senator LEVIN is added to it and subtracted. This white the Defense authorization bill, a sen- going to have another opportunity to book is our bill. It incorporates the sible, bipartisan bill that will honor do one of these bills, but this man, Sen- charts and lines from the committee

VerDate Mar 15 2010 22:10 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\2008SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8826 CONGRESSIONAL RECORD — SENATE September 16, 2008 report and is incorporated into this bill tional Defense Authorization Act for tell all Senators that Senator WARNER as law. The lines here—add-ons, sub- Fiscal Year 2009, shall be brought to a and Senator LEVIN are going to do ev- tractions, all of the requests of the close? erything they can to process this bill. President that weren’t touched, by the The yeas and nays are mandatory We are going to complete this bill by thousands—are incorporated by ref- under the rule. tomorrow night, and we will get the erence in our bill. The clerk will call the roll. bill to conference. The amendment of Senator DEMINT, The bill clerk called the roll. We can get a bill. Everyone who has who wants to eliminate the incorpora- Mr. DURBIN. I announce that the something they want to do, talk to tion by reference, has exactly the oppo- Senator from Delaware (Mr. BIDEN), these two managers and they will do site effect. All the line items that were the Senator from Massachusetts (Mr. the best they can. This is an important added or subtracted would not be part KENNEDY), the Senator from Massachu- bill, and the Senate realized that. I of the bill if the DeMint amendment setts (Mr. KERRY), and the Senator think this is really a good day for the were agreed to. They would remain in from Illinois (Mr. OBAMA) are nec- Senate. the committee report without incorpo- essarily absent. Mr. President, I suggest the absence ration by reference in the bill. It goes I further announce that, if present of a quorum. exactly the opposite direction of mak- and voting, the Senator from Massa- The PRESIDING OFFICER. The ing ‘‘earmarks’’ part of law. chusetts (Mr. KERRY) would vote clerk will call the roll. The Warner amendment, on the other ‘‘yea.’’ The bill clerk proceeded to call the Mr. KYL. The following Senators are hand, would incorporate not just by roll. reference but all of the language in the necessarily absent: the Senator from Mr. MENENDEZ. Mr. President, I ask thousands of lines in the bill. The prob- Texas (Mr. CORNYN), the Senator from unanimous consent that the order for lem is that it would take so much Florida (Mr. MARTINEZ), and the Sen- the quorum call be rescinded. time, according to the Government ator from Arizona (Mr. MCCAIN). The PRESIDING OFFICER. Without Further, if present and voting, the Printing Office, to do that, we probably objection, it is so ordered. Senator from Texas (Mr. CORNYN) could not get to conference and back to Mr. MENENDEZ. Mr. President, I ask the Senate unless we had a lameduck would have voted ‘‘nay.’’ The PRESIDING OFFICER (Mr. unanimous consent to speak as in session. We don’t know that we will. morning business with the time to run SANDERS). Are there any other Sen- We cannot jeopardize this bill, which postcloture. means so much to the men and women ators in the Chamber desiring to vote? The yeas and nays resulted—yeas 61, The PRESIDING OFFICER. Without in the Armed Forces, by a requirement nays 32, as follows: objection, it is so ordered. that achieves no purpose because the THE ECONOMY lines are already incorporated by ref- [Rollcall Vote No. 200 Leg.] YEAS—61 Mr. MENENDEZ. Mr. President, erence, that achieves only the percep- there is no doubt Wall Street and Main Akaka Hagel Reed tion of a purpose, which apparently Street are in a crisis. The floodgates meets some political needs of people Baucus Harkin Reid Bayh Inouye Roberts from the subprime storm have ripped who are out campaigning. That is not Bingaman Johnson Rockefeller open and the effects are clearly dev- enough to jeopardize the Defense bill. Boxer Klobuchar Salazar astating—unemployment is up and This bill means everything to the Brown Kohl Sanders markets are down. men and women in the armed services. Byrd Landrieu Schumer Cantwell Lautenberg Smith While I may not be able to predict It should mean everything to us be- Cardin Leahy Snowe what is coming next, I would like to cause they mean everything to us. We Carper Levin Specter talk a little bit about how we got here. cannot jeopardize this bill by any ac- Casey Lieberman Clinton Lincoln Stabenow Americans may not have been tracking tion which may make it impossible for Stevens Cochran Lugar the exact moves and, I believe, the neg- us to bring back a bill from conference. Coleman McCaskill Sununu ligence on the part of the Bush admin- I wish to end by again complimenting Collins Menendez Tester Warner istration that has led us to this point, Senator WARNER. He has been abso- Conrad Mikulski Dodd Murkowski Webb lutely wonderful in trying to work out but we certainly understand the con- Dole Murray Whitehouse sequences. a unanimous consent agreement. I Dorgan Wicker Nelson (FL) For New Jersey, my home State, fi- treasure our 30 years together. I wish Durbin Nelson (NE) Wyden we could end this with a cloture vote Feinstein Pryor nancial losses on Wall Street mean job that would allow us to finish positively NAYS—32 losses at home. I am worried about the 1,700 employees of Lehman Brothers in the great effort he has put in. I hope we Alexander Craig Hutchison can get 60 votes for cloture. Allard Crapo Inhofe Jersey City. I am worried about the Barrasso DeMint Isakson 6,000 employees at Merrill Lynch in CLOTURE MOTION Bennett Domenici Kyl Hopewell. I am also worried about The PRESIDING OFFICER. Under Bond Ensign McConnell the previous order, pursuant to rule Brownback Enzi those families and others who are Sessions going to have to face foreclosure or XXII, the clerk will report the motion Bunning Feingold Shelby Burr Graham Thune watch their home values plummet. And to invoke cloture. Chambliss Grassley Vitter I am worried about millions of retirees The assistant legislative clerk read Coburn Gregg Voinovich as follows: Corker Hatch and people approaching retirement who are going to realize that their life sav- CLOTURE MOTION NOT VOTING—7 ings are under attack and diminishing We, the undersigned Senators, in accord- Biden Kerry Obama ance with the provisions of rule XXII of the Cornyn Martinez as quicksand below their feet. Standing Rules of the Senate, hereby move Kennedy McCain Everyone is demanding to know what to bring to a close debate on S. 3001, the Na- The PRESIDING OFFICER. On this got us here. Well, what got us here to tional Defense Authorization Act for Fiscal vote, the yeas are 61, the nays are 32. a large degree is that for the last 8 Year 2009. years we have had an administration Carl Levin, Patrick J. Leahy, Bernard Three-fifths of the Senators duly chosen and sworn having voted in the af- that has turned a blind eye to financial Sanders, Robert P. Casey, Jr., Claire markets and deregulated at every turn, McCaskill, Sheldon Whitehouse, Ben- firmative, the motion is agreed to. jamin L. Cardin, Robert Menendez, Bill Mr. DURBIN. Mr. President, I move playing Russian roulette with our Nelson, Charles E. Schumer, Richard to reconsider the vote by which the economy. Their regulatory changes Durbin, Thomas R. Carper, Patty Mur- motion was agreed to and to lay that gave lenders the chance to invent new ray, Amy Klobuchar, Jon Tester, Jeff motion on the table. ways to make bad loans and to pass off Bingaman, Harry Reid. The motion to lay on the table was the risks on investors. The PRESIDING OFFICER. By unan- agreed to. The Federal Reserve had a power imous consent, the mandatory quorum The PRESIDING OFFICER. The ma- given to it long ago by a Democratic call is waived. jority leader is recognized. Congress to fight predatory lending. The question is, Is it the sense of the Mr. REID. Mr. President, I want to For more than 7 years of the Bush ad- Senate that debate on S. 3001, the Na- express my appreciation to everyone. I ministration it failed to use it. If they

VerDate Mar 15 2010 22:10 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\2008SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 16, 2008 CONGRESSIONAL RECORD — SENATE S8827 had acted, many predatory lenders charge of the regulatory process, ap- reason there are regulators is to make wouldn’t have been allowed to pedal pointed by the Bush administration, sure there is balance at the end of day. bad loans, which investment banks ultimately could not see. But when those who are supposed to be bought and then went bust and spurred So even in the face of all that, we had the cops on the beat—the regulators— this crisis. the White House issue numerous veto hit the snooze button instead of going There are so many parts to this pat- threats against the bill that was crit- into action so we can prevent or miti- tern of deception and neglect. In 1994, a ical to try to get to the very root cause gate what we are now facing, we see Democratic Congress passed the Home- of what is happening in America the consequences. owner’s Equity Protection Act. It was today—the housing foreclosure crisis— Some of my colleagues on the other the first statute to fight predatory which has created this ripple effect in side of the aisle call this scheme ‘‘the lending. That was in 1994. That law all our financial institutions. Yet they ownership society,’’ which means mandates that the Federal Reserve were issuing veto threats—veto today: You are on your own. A strong must issue regulations to prohibit abu- threats. How could you be so blind or belief in this scheme has led Senator sive and deceptive practices. But how how could you be so much in the inter- MCCAIN, in the face of this crisis, to re- long did it take the Federal Reserve to ests of one sector that you are unwill- peat the same old claim yesterday that do so? It took the Federal Reserve 14 ing to mitigate the risks on behalf of the fundamentals of the economy are years—from 1994—to implement these the American people? strong. Housing foreclosures are regulations. This is not new. Look at 2005. In 2005, defying gravity, and he continues to Senator Sarbanes, the former chair- the House of Representatives—I was a make statements that defy reality. man and sometimes ranking member of Member there at the time—passed a bi- Great financial institutions collapse, the Banking Committee, and Senators partisan GSE reform bill by a vote of and Senator MCCAIN has generally sup- SCHUMER and DODD have repeatedly in- 331 to 90. GSEs are those Government ported deregulation as the answer. troduced legislation to protect against entities; that is, Fannie Mae and That is like trying to say you want to predatory lending. Not once has any Freddie Mac. We wanted to have a take cops off the street to deal with a Republican been a cosponsor in the strong reform bill. It was offered by riot. Senate. Yet we have been hearing a lot Republicans. Mike Oxley, the chairman I have a real concern as we now move about Senator MCCAIN suggesting that at that time, a Republican, working forward. We are where we are as a re- all of a sudden he has seen the light. with BARNEY FRANK, offered the bill. It sult of economic and regulatory poli- But he wasn’t here all those years. passed overwhelmingly. In the House of cies of the Bush administration that Even after reaching a bipartisan Representatives—I served there for 13 JOHN MCCAIN thinks are the sound agreement on the Foreclosure Preven- years—I can tell you, when you get a underpinnings of a good economy and tion Act and its successor, the Housing vote of 331 to 90, that is about as bipar- how we continue to move forward. It is and Economic Recovery Act of 2008 in tisan as you can get. unacceptable. That is not change. That June, Republican Senators delayed the That bill was offered here by Senate will not change the course of where we final passage of the legislation for Democrats exactly as it passed the are headed in this economy. That will weeks—for weeks. Between the two House. But it was blocked by the White not change the course of the con- bills, Republicans had six filibusters to House. Even Mike Oxley, the former sequences to millions of Americans. prevent the passage of this legislation. Republican chairman of the House This is not just about wealthy inves- Notwithstanding what was happening committee, said recently: tors. Look at the consequences. Look throughout the country, as a member We missed a golden opportunity that would at what is happening. When Lehman of the Senate Banking Committee in have avoided a lot of the problems we are Brothers has to close, not only are March of 2007—well over a year and a facing now if we had not had such a firm ide- those 1,600 jobs in New Jersey at risk, half ago—I raised the prospect of a tsu- ological position at the White House and the but it affects all of those who had nami—my word—of foreclosures. But Treasury and the Fed. What did we get from mortgages, all of those who used a the administration said: Oh, no, that is the White House? We got a one-finger salute. service, all of those who bought a prod- an overexaggeration. Unfortunately, I His words, the chairman of the House uct, all of those who went out to eat in wish they had been right and I had Financial Services Committee, which restaurants, all of those who, in fact, been wrong. But the fact is, we haven’t passed the bill in a big bipartisan vote. employed someone else to give them a even seen the crest of that tsunami We couldn’t get it through here in the service while they were working. The take place. Senate. ripple effect is very significant. A few months later, as foreclosures I find it incredibly difficult to see When people get their statements for mounted, they assured us that the that one of our colleagues who is run- their retirement accounts, whether it problems we were concerned about ning for President, Senator MCCAIN, be a 401(k) or a thrift savings or what- might bring broader consequences to now talks about all of these issues. He ever, we are going to see what that the economy. But oh, no, all those who has a new ad out suggesting he is a re- means to people in real life. Some are came before our committee, all the fi- former. But he was part of the same going to look and say: I am going to nancial leaders of this administra- Bush views. He basically was in sup- have to keep working because I cannot tion—the Secretary of the Treasury, port of most lifting of regulations. continue this way. the head of the Federal Reserve, and So as the tsunami approached—the I want to echo what one of my distin- the regulatory side of the Securities one that we were told, when I raised it guished colleagues, the Senator from and Exchange Commission—oh, no, a year and a half ago, they couldn’t Illinois, said a few weeks ago in Colo- those problems would be contained to see—the administration was consist- rado: only the housing market, even though ently on the back side of that tsunami, Enough. Enough of more of the same. they couldn’t even see the foreclosure watching it sweep toward us, watching Enough denial about our challenges. It is crisis being the tsunami it has become. while the American people got washed time to develop solutions. In July I asked them about the pros- under. We look forward to having the Sec- pect of a bailout of Fannie Mae and We have had 8 years of our regu- retary of the Treasury before the Freddie Mac, but they couldn’t foresee latory entities. Who are they? The Se- Banking Committee this Thursday. that either or they were misleading the curities and Exchange Commission, the There are very tough questions to be committee. I see the distinguished Federal Reserve, the OCC—the Office of answered, not only about what has hap- chairman of the Banking Committee is the Comptroller of the Currency under pened but what we are doing as we here, and he will recall they were asked the Treasury Department. Instead of move forward. head on. They asked for incredible au- being the cops on the beat to ensure we It is enough of more of the same. thorities. Yet they could not foresee have a marketplace that is balanced— Enough denial about our challenges. It the possibility, even as the mortgage yes, we believe in a free marketplace is time to develop solutions. I believe crisis continued to rear its ugly head in and, yes, we believe in free enterprise, we have to act fast to provide an eco- dimensions that some of us predicted a but an unregulated marketplace, as we nomic stimulus package targeted to year and a half ago. Those who are in found, is one that has excesses. The provide relief to those most in need, in

VerDate Mar 15 2010 22:10 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\2008SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8828 CONGRESSIONAL RECORD — SENATE September 16, 2008 ways that stimulate our economy and MCCAIN, that this economy has all the Mr. LEVIN. Mr. President, now that infrastructure. right underpinnings and all the right cloture has been invoked on our bill, Let’s be clear, we have to recognize regulatory processes. That is a fantasy we are going to be working very hard the potential for what we call moral world. It is a world that ultimately with Senators who have germane hazard. We can’t have everyone on Wall Americans cannot afford. They cannot amendments that have not been Street think they can go to any excess afford that type of thinking in terms of cleared to see if we can make progress whatsoever and the Government will where we go over the next 4 years. on such amendments. We not only re- bail them out. But at any given time in I look forward to those opportunities, quest that Senators who have such this process we have to look at what moving forward this week and the amendments come promptly to the entity creates the risk. We are in one next, to try to turn the course of where floor to meet with us or our staffs, but of the most precarious moments in our we are for all Americans and for our we also have to recognize that any financial history. What entity creates Nation as a whole. such amendment, if it is not in a perhaps a systematic risk, something Mr. President, I yield the floor. cleared package, would require con- that creates such a widespread risk The PRESIDING OFFICER. The Sen- sent, given the parliamentary situa- that we have to look at that as an indi- ator from Connecticut. tion. We have a cleared package al- Mr. DODD. Mr. President, I will be vidual case and determine whether ready, which I think is upwards, per- there is a different governmental ac- very brief. I commend our colleague from New haps, of 90 amendments or so, which we tion to be recognized. Jersey, a wonderful member of the Sen- would hope to add to before we offer it In general, as we move forward, I cer- ate Banking Committee who has been to the Senate by unanimous consent. tainly hope the legislation Senator invaluable over the last 18 months as After Senator WARNER has an oppor- DODD and Senator SHELBY worked on we confronted a morass of problems tunity to speak, I think we will put in together, that went through six filibus- that, as he very properly and accu- a quorum call and do some other work ters and a bunch of veto threats by the rately points out, began building up we need to do in order to get to the President and finally got through into years ago. next stage in this bill. Hopefully, we law, is now actively pursued starting This did not all of a sudden happen 18 can now move promptly on this bill on October 1, which is when it goes months ago. As I said so many times, now that cloture is invoked. I thank into effect. We cannot have any of the this was not a natural disaster. This the Senator from Virginia for all he did Bush administration agencies and reg- was avoidable. That is the great trag- to make that possible. ulatory entities involved not be ready edy of all of this. Had we had regu- The PRESIDING OFFICER. The Sen- to go on October 1 to start providing lators on the beat—as he describes it, ator from Virginia is recognized. relief on those hundreds of thousands cops on the beat—had the legislation Mr. WARNER. Mr. President, as the of foreclosures—not only for those fam- that passed overwhelmingly in this ilies but at the same time to try to distinguished chairman said, we have Congress actually been enforced with some 90 amendments now cleared. Now make those performing loans so we can regulations promulgated dealing with prop up all of these functioning institu- that the issue of going forward is also deceptive and fraudulent practices in at this time clear, there should be an tions at the same time so all of us as the residential mortgage market as Americans get some relief from an impetus to move forward such that the many as 4 years ago—without a single package of 90-some can grow, hopefully economy that is definitely headed in regulation, under the leadership of this the wrong direction. by 30 or 40, before close of business to- administration, being promulgated—we night and possibly we can consider In general, as we move forward we could have avoided the ‘‘no doc’’ loans, have to establish which failures are moving that as quickly as we can. We the liar loans, the subprime predatory are ready to assist all Senators with isolated and which present a systemic lending, luring innocent people into risk to the entire financial system. regard to their amendments filed and, dreadful situations that these brokers indeed, otherwise. We are here to try to Second, it is fundamental to the and lenders knew they could never af- health of our economy that we help ascertain our ability to put them in a ford to pay and then packaging them package that is cleared; if not, despite homeowners stay in their homes. The and branding them triple-A mortgages housing market is not just a center of the parliamentary situation, to help and selling them off as quickly as they them secure a vote. the crisis, it is also a pillar of our soci- wrote them to get paid off themselves The PRESIDING OFFICER. The Sen- ety. Taking steps to shore it up makes and then pass on the responsibility to ator from Michigan is recognized. sense on so many levels. Especially as someone else. All of that history is re- this school year gets underway, we plete as to how this situation unfolded. Mr. LEVIN. Mr. President, we will, of can’t sit back and watch children get Now, of course, they want to avoid the course, do our very best, working with thrown out not only from their homes blame for the consequences—this crowd Senators, to add to this package. There but pulled from their schools. does—for what happened. are some possibilities there. Again, I Third, we absolutely must hold ad- The Senator from New Jersey laid it wish to alert Senators to the fact that ministration officials and regulators out very well. The public needs to we are in a postcloture situation, accountable. I myself promise to do my know that. They also need to know which means they must be germane un- part when they come before the Bank- what we should be doing together to less there is unanimous consent to the ing Committee this week and next. get it right. We have a lot of work in contrary. Also, the parliamentary situ- They better be prepared for some tough front of us to get it right, but in order ation is such that it would require con- questions and some straight answers. I to get it right, we also have to ac- sent. But as the Senator from Virginia am tired of hearing that you could not knowledge what went wrong, and there wisely points out, we are going to do foretell what some of us were telling is a long history of what went wrong our very best to not be limited to tech- you and others about the tsunami of here. nicalities if we can get consent of the foreclosures. We could have stemmed I welcome the remarks of my col- body to obviate those technicalities. the tide. We could have acted in a regu- league and thank him for his leader- Mr. President, I suggest the absence latory process to make sure that was ship and look forward to working with of a quorum. minimized. him. The PRESIDING OFFICER. The When you are asked what is the pos- I suggest the absence of a quorum. clerk will call the roll. sibility of a bailout of Fannie Mae and The PRESIDING OFFICER. The Freddie Mac, I am tired of being told The legislative clerk proceeded to clerk will call the roll. call the roll. you can’t foresee that happening, and The legislative clerk proceeded to just a month and a half later you have call the roll. Ms. STABENOW. Madam President, I a very significant bailout—and you Mr. LEVIN. Mr. President, I ask ask unanimous consent that the order can’t tell us how much the taxpayers unanimous consent that the order for for the quorum call be rescinded. will be on the hook for it. the quorum call be rescinded. The PRESIDING OFFICER (Mrs. I am tired of being told by some of The PRESIDING OFFICER. Without MCCASKILL). Without objection, it is so our colleagues, such as Senator objection, it is so ordered. ordered.

VerDate Mar 15 2010 22:10 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\2008SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 16, 2008 CONGRESSIONAL RECORD — SENATE S8829 THE ECONOMY something else Senator MCCAIN wishes their pension plans and they sat in my Ms. STABENOW. Madam President, I to see happen, privatizing Social Secu- office and said: Thank goodness for So- come to the floor, as many of my col- rity. cial Security because that is all I have leagues have on this side of the aisle, What we have seen is an undermining left. to express my outrage and my amaze- of the fundamentals of what has been The same folks who gave us the ment at the continued comments of the strength of our economy—good Enron debacle want to privatize Social one of our colleagues, who is not here jobs, not just supply, but supply and Security, including JOHN MCCAIN. No- but is running for President, Senator demand, putting money in people’s bid contracts, such as Halliburton in JOHN MCCAIN, when even as Wall Street pockets so they can afford to take care Iraq; continual tax cuts only for the now is crumbling—we have seen the ac- of their families and keep the economy wealthiest Americans; weak oversight tions of the last couple days—he con- going. of public industries, regulated indus- tinues to say the fundamentals of the In addition to 605,000 people who have tries, regulated in the public interest; a economy are strong. No matter what lost their jobs since the beginning of disregard for the Constitution; and now caveats he puts on it, he says the fun- this year, we had 3.5 million manufac- the latest economic crisis we see. damentals of the economy are strong. turing jobs lost, and counting, since Fundamentally, the question is: Who That shows how out of touch he is, as 2001, since President Bush came into are we as a country and do we want to is the President whom he works with, office. Madam President, 3.5 million continue these failed philosophies? George Bush, and those who support people were not hallucinating. It was That is not by accident. I suggest this this view that the fundamentals of the not a figment of their imagination that is the result of a world view, a set of economy are strong. they lost their job and that their fami- values and philosophies that does not I remember a while back coming to lies have been put into a tailspin as put the majority of Americans and our the floor after comments were made, as they are now trying to figure out where country first, but basically puts in well, about at that time the chief eco- they go from here to try to keep some place the idea that greed is good and nomic adviser for Senator MCCAIN. semblance of the American dream. you should make it while you can, and Even though this person has now The fundamentals of the economy are we are going to make sure we strip stepped down—also a former col- strong, says Senator JOHN MCCAIN. We away any public protections so your league—from that position, we know he are, in fact, looking at an example of ability is unfettered to do what you is still very close to Senator MCCAIN what it means to live under a philos- want to do for yourself as opposed to and is involved in his efforts and so on. ophy of President Bush, JOHN MCCAIN, what needs to be done on behalf of the That is Senator Phil Gramm, whom I and the Republicans, and what actually American people. served with on the Banking Com- happens if their philosophy comes into If we don’t have a change in this mittee. He was the chairman of the being, in terms of actions. country, we are going to see the same committee when I was first taking my For the first time, in the time I can failed blueprint with more of the same place in the Senate. To hear Senator remember, we saw from 2001 until 18 failed results, disastrous results. That Phil Gramm, who worked so closely months ago a time when the House, the is why I believe so strongly we need a with Senator MCCAIN—we assume, Senate, and the Presidency were all in change in direction and a change of based on their long relationship and the hands of the same party. We had a values to put the American people the positive things Senator MCCAIN has chance to see what they believe in, first. said, that he would play a major role in what are their values, what are their Again, our colleague, Senator a new administration under JOHN philosophies. MCCAIN, who has said that the fun- MCCAIN, and he has said as well, in ad- What we have seen is a philosophy damentals of the economy are strong, dition to Senator MCCAIN repeating that has raised greed to a national vir- has worked to deregulate markets, has that the fundamentals of the economy tue, that has viewed public regulation called himself a deregulator. Unfortu- are strong, we also remember former and accountability in the public inter- nately, it is those policies that have Senator Phil Gramm’s comment that est, to protect public resources or pub- gotten us to where we are today. this is just a psychological recession; it lic funds, as something to be scoffed at This is the most serious financial cri- is all in our minds. He said it is psycho- and to be unwound, to deregulate, to sis since the Great Depression. And logical and Americans have become a make sure that the areas of Govern- what is the plan at this point? To study nation of whiners—a nation of whiners. ment that have responsibility, that are the problem. Senator MCCAIN has said I am wondering if people made it up accountable for our financial systems, today we should study the problem. or if they were hallucinating when our monetary systems, our energy re- We don’t need another commission. they lost their jobs this year; 605,000 sources and other areas, in fact, are What we need are people who will make Americans have lost good-paying jobs not held accountable. sure that the accountability, the over- this year, since this past January. We have seen an administration and sight, the power that is here to stop Were they hallucinating? Was this a a Republican philosophy that doesn’t price gouging, to bring oversight to figment of their imagination? Is it a work for the majority of Americans. It what is going on is actually used. It figment of their imagination that they works for a few. If you are one of the hasn’t been used under this administra- cannot make their mortgage payment folks who is out there trying to make tion. For 6 of the last 71⁄2 years there or put food on the table or pay their sure you can make as much money as was every effort, in fact, to pull back electric bill or go to the gas pump and possible for yourself and your friends, on who was put on boards and commis- be able to refuel with outrageously you may have done pretty well. But sions, the regulators, the overseers. high gas prices? Of course not. Of there has been no willingness to under- They essentially were made up of peo- course not. stand the consequences for the major- ple who didn’t believe in the mission, We have seen the economy unfolding ity of Americans or to accept any re- who didn’t believe they were there for in a way so that only those who are sponsibility to make sure that the ma- the public interest. very wealthy, who have the ability to jority of Americans can benefit from Right now we have a situation where take their capital anywhere in the the resources and opportunities and there are 84,000 Americans who lost world, can succeed under this philos- wealth of this great country. their jobs last month, 90,000 Americans ophy that has been in place, this Re- This culture of greed and corruption, who lost their homes last month. They publican philosophy of no account- supported by Senator MCCAIN and don’t want another study. They don’t ability, no transparency, no one watch- President Bush and others for 6 years want another commission. They want ing in the public interest as people running, has led to Enron. I remember leaders who get it. They want leaders have made decisions that have under- having people sitting in my office who who understand their role in this Gov- mined pensions of working people. had everything in their company’s pen- ernment of ours, this public trust we Heaven forbid, can you imagine if Leh- sion. They worked for Enron. They lost have, not on behalf of just ourselves man Brothers had been managing So- it all. They lost it all because of the and our friends but on behalf of every- cial Security payments for millions of schemes and the lack of accountability body in this country, to make sure the senior citizens, which is, by the way, and oversight. They lost everything in rules are fair, that they are followed,

VerDate Mar 15 2010 22:10 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\2008SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8830 CONGRESSIONAL RECORD — SENATE September 16, 2008 and that everybody has a chance to said if you borrow from the Govern- ophy that has run us into extremely make it. That is what it is supposed to ment, you should be regulated. There dangerous economic territory. be about. should be public accountability, trans- Mr. President, I yield the floor, and I I am also reminded that Senator parency, if you are borrowing from the suggest the absence of a quorum. MCCAIN has chaired the Commerce Government. If we want to stop abuses The PRESIDING OFFICER (Mr. Committee and oversaw a massive de- of the public trust, we need to have MENENDEZ). The clerk will call the roll. regulation scheme that gutted our openness, we need to know what is The bill clerk proceeded to call the oversight of these markets. Where is going on in the markets, we need to roll. the accountability? Instead of pro- know what is going on. If we want to Mr. TESTER. Mr. President, I ask tecting consumers and preventing protect the American people, we need unanimous consent that the order for abuse, the special interests ruled. And to regulate dangerous practices, such the quorum call be rescinded. CHAIRMAN MCCAIN oversaw that effort. as predatory lending. The PRESIDING OFFICER. Without The same economic philosophy of the We know there is so much that we objection, it is so ordered. Bush administration joined by Senator need to do right now. First is to ad- Mr. TESTER. Mr. President, are we MCCAIN for the last 8 years has been to dress the hole we are in economically, on the Defense bill or in morning busi- give more and more to those who have and the next is to stop digging, stop ness? the most, ignore the ability of others making it worse. Stop tax breaks for The PRESIDING OFFICER. We are to make sure they can have what they those who have already done so well, on the Department of Defense bill have earned—their job, their pension, even in these terrible circumstances. under cloture. that Social Security is strong, they We need to make sure we are focusing Mr. TESTER. Mr. President, I want can afford to put food on the table and on those who have worked so hard all to take a moment to thank Chairman pay for the gas and be able to have their lives, and their families who are LEVIN and Senator WARNER for their what we all expect as Americans that looking for the opportunity to be suc- willingness to work with me on the will be available to us if we work hard cessful in America. They want to know amendment that has been accepted and follow the rules. they are going to have a fair chance to into the managers’ package. This We have had the same philosophy in do that, that the rules are going to be amendment provides some additional place, the same philosophy that has fair, they are not going to be stacked comfort to family members whose brought us 8 straight months of job against them and in the interest of a loved one is killed while serving in the loss, the same economic philosophy special few, which is what has been military by allowing the Defense De- that has left incomes stagnant while happening since 2001 over and over. partment to pay for travel to a memo- families find themselves spending Let me go back to my original com- rial service honoring a servicemember twice as much on the basics of their ment and look at the 3.5 million manu- killed on Active Duty. life. facturing jobs lost since 2001. Our col- Currently, the law allows for the Real household income is down. league, JOHN MCCAIN, says the fun- services to provide transportation of Imagine, we were lower in 2007 than in damentals of the economy are strong. I family members to a burial service of a the year 2000. Incomes were lower in beg to differ. The fundamentals of the servicemember killed on Active Duty. 2007 than they were in 2000. We are in a economy for Americans working hard Although the law makes this vol- generation of having real concerns, and every day making a paycheck, trying untary, the services, much to their rightly so, that our children’s lives and to make ends meet, worrying about credit, all make this travel available to economic circumstances will not be as whether they are going to have a job, the families. However, current law does good as our own. not allow travel to memorial services. The same philosophy has led to gaso- health care, send the kids to college, put food on the table, pay for the gas With many families split up over long line inching upwards to $5 a gallon, and distances, this can be particularly the same economic philosophy that and all the other things, for them the painful when a parent or sibling of one leaves 47 million people without health economy is not strong. of our fallen heroes cannot afford to insurance, leaving them worried about People are working too hard, making travel to a memorial service held by a whether their children will be cared for too little, and paying too much every unit or even other members of the fam- when they are sick. The same philos- day, and we do not need another study ily. Although some charity groups have ophy has been in place since 2001 with or another commission. We need lead- been able to help these families attend this President with 6 years of no bal- ers who get it, who have the right val- memorial services for their fallen loved ance and accountability, just one world ues, who understand, who have the in- ones, when servicemembers die in serv- view, 18 months of our coming in now testinal fortitude to stand up and fight ice to their country, it is this country’s and slowing the trend down, working for the American people, the middle- hard to bring in some accountability, class families who are sick and tired of moral obligation to help their families even though there are unprecedented what has been going on. in every possible way. This amendment would allow the Republican filibusters to stop us. I can tell you, coming from the great But we have seen a philosophy that State of Michigan, the people of Michi- Secretary of each service to allow fam- has failed. We need to be taking ac- gan have had enough. We have had ily members of fallen heroes to attend tions to stop the fraudulent, risky, and enough. We can’t take more of this. We one memorial service as a way of help- abusive lending practices, and that has can’t take 4 more years of this. We ing to honor those who give the ulti- been proposed over and over again. I can’t take 4 more days of this. We have mate sacrifice—their lives—to our Na- commend Chairman DODD of the Bank- had enough. But to change it, I believe tion. It would be voluntary. The serving Committee and Chairman BAUCUS strongly that we need to understand ices do not have to participate, but at of the Finance Committee and all those this is not just an accident that we are least they would have the option, who have brought forward proposals where we are. It is a conscious philos- which is something they currently do that will make a difference. ophy. It is actions and inactions that not have. We need to modernize the rules for a have been taken by those in charge—by Earlier this year, a constituent of 21st century marketplace that will pro- this President, supported by Senator mine suffered the loss of his son. He tect American investors and con- JOHN MCCAIN, supported by Repub- died in a hospital in Canada after being sumers. We have been proposing those licans in the House and the Senate— injured in Iraq. He was on a transport changes. We also know we have in that have created the situation that flight from Germany to Walter Reed place a series of mechanisms that has fostered the circumstances in when his condition worsened and the would hold special interests account- which we find ourselves. plane diverted to Halifax. When my able and be able to make sure that peo- We can’t do this anymore. We need to constituent’s ex-wife sought to have a ple’s incomes and pensions and the make sure government works for real memorial service for their son in Phoe- economy in general are protected. We people, real people who have had nix prior to the burial at Arlington Na- just haven’t used it. enough. I can’t say it more strongly: tional Cemetery, the Army had to tell I stand with another colleague of We have to stop traveling down the the man, whose son had given his life ours, Senator BARACK OBAMA, who has road we are on, following this philos- for our country, that the country could

VerDate Mar 15 2010 22:10 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\2008SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 16, 2008 CONGRESSIONAL RECORD — SENATE S8831 not help him attend that memorial volatile energy markets, so oil could be sis, one of the reasons we are in the service. down this week, but any kind of rumor mess we are in today is because of the I think we can do better. I think we or instability, whether man made or enactment of the Gramm-Leach-Bliley should do better. This amendment will natural, could send those same prices Act in 1999. As you may recall, this leg- allow us to do better. soaring again. islation was responsible for deregu- When a soldier or marine or airman I think it is important the American lating the financial services industry goes to war, the whole family goes to people understand why we got to where by completely repealing the Glass- war. When a servicemember gives the we are today; why we are in a situation Steagall Act. ultimate sacrifice and is killed in serv- where millions of workers are fearful Now, I was a Member in the House of ice to our Nation, we need to do the about being able to heat their homes in Representatives at the time. I was a right thing for the family. That is why the wintertime while workers all over member of the House Banking Com- I have offered this amendment. Again, this country are finding it very dif- mittee when this legislation was being I thank Chairman LEVIN and Senator ficult to fill their gas tanks. Is what debated. I remember that debate very WARNER for working together to help occurred simply bad luck? Are we at well because I was in the middle of it. get this amendment into the managers’ the bottom of the so-called business Let me tell you, I do not mean to be package. cycle? How do these happenings occur patting myself on the back, but I think Mr. President, I yield the floor, and I to what was once the strongest econ- it is important to take a little bit of a suggest the absence of a quorum. omy in the world with the greatest look at recent history. The PRESIDING OFFICER. The middle class? This is 1999 during the debate. This is clerk will call the roll. If we take a deep look at what is what I said as a member of the House The bill clerk proceeded to call the going on in terms of the financial crisis Banking Committee: roll. we are suffering through today and the I believe this legislation will do more harm Mr. SANDERS. Mr. President, I ask volatile energy prices we are suffering than good. It will lead to fewer banks and fi- unanimous consent the order for the through today, we can understand that nancial service providers, increased charges quorum call be rescinded. and fees for individuals, consumers and small both are the result of deliberate policy businesses, diminished credit for rural Amer- The PRESIDING OFFICER. Without decisions made by the Congress and the ica, and taxpayer exposure to potential objection, it is so ordered. administrative negligence on the part losses should a financial conglomerate fail. Mr. SANDERS. Mr. President, I ask of the Bush administration. These de- It will lead to more mega mergers and a to be able to speak as in morning busi- liberate policies were the result, to a small number of corporations dominating ness. significant degree, of the power and in- the financial service industry and a further The PRESIDING OFFICER. Without fluence of corporate lobbyists—who concentration of economic power in our country. objection, it is so ordered. also make huge campaign contribu- THE ECONOMY tions—representing some of the most Unfortunately, that is exactly what Mr. SANDERS. Mr. President, this powerful special interests in the world, is happening today, and I would much week we have learned that Lehman whether it is big oil, big coal or wheth- prefer to have been wrong than right. But on the other hand, former Senator Brothers, one of the oldest financial iner it is the largest financial institu- Phil Gramm—who I should mention to stitutions in our country, an invest- tions in the world. ment bank that has survived two world What these lobbyists fought for and you has been Senator MCCAIN’s top wars and a Great Depression, has prov- secured was selling deregulation snake economic adviser—at that time had a en that even it could not survive 8 long oil, deregulation snake oil backed with very different opinion of the legislation years of deregulation and lax oversight millions in campaign contributions. which bears his name. Senator Gramm by the administration of George W. That is what I think is the overlying at that time said something very interesting about that piece of legislation. Bush. It is going bankrupt. issue as we look at the financial crisis This is what he said: Yesterday we also learned that the facing Wall Street and the soaring and beleaguered Merrill Lynch, the largest volatile prices in terms of oil. Ultimately the final judge of the bill is history. Ultimately, as you look at the bill, you brokerage firm in this country, will be All too often when bad things happen have to ask yourself, will people in the fu- bought out by Bank of America, the because of failures here in Washington, ture be trying to repeal it? I think the an- largest financial depository institution both parties generically blame it on swer will be no. in this country. Now we are also learn- the other and no one stands up and Well, put me down as a Senator who ing that AIG, the largest insurance tries to point out what, where, why believes we need to repeal Gramm- company in the United States, and and, most importantly, who is behind Leach-Bliley. Put me down as a Sen- Washington Mutual, the largest sav- these bad policies. As an Independent, I ator who believes we need to restore ings and loan association in this coun- think that breeds a cynicism and an strong Government oversight of the try, are also in deep financial trouble. anger and a frustration on the part of banking industry. Put me down as The list of troubled banks that the the American people about the polit- someone who believes we need to have FDIC maintains is growing larger and ical system of our country. firewalls in the financial services sec- larger. Well, in this case, I think the Amer- tor so that we do not have the domino In addition, last week, to avert a ican people deserve a little more of an effect we are seeing right now. complete mortgage meltdown, we saw explanation. It has been their hard- There was a reason Congress enacted the Bush administration bail out earned dollars that have been need- reforms of the banking industry in the Fannie Mae and Freddie Mac, putting lessly spent on $4 a gallon gasoline. It 1930s, and that was because we did not tens, if not hundreds, of billions of dol- is their retirement savings and, my want to repeat the mistakes that lars of taxpayer dollars at risk. Earlier God, I wonder all over this country the caused the Great Depression. Failing to this year, we saw the Federal Reserve kind of frustration that exists today have learned from our mistakes, it orchestrate the takeover of Bear with the volatility in the stock market looks as if we are doomed to repeat Stearns, a deal backed by $30 billion in going down 500 points yesterday and them. taxpayer dollars. what people are worried about, whether The lesson here is that left to their At the same time, Americans are their 401(k)s are going to be worth very own devices, company executives will still paying outrageously high prices at much in the future. These are very make poor decisions and put their in- the gas pump. Prices are still over $3.50 frustrating times for the American vestors’ capital at risk. The important a gallon, even though the price of oil is people. lesson here is that poorly regulated fi- now down to almost $90 a barrel. Every In the case of both of these current nancial markets invariably endanger little hiccup to send gas prices up or crises, the financial services and en- the health of the entire economy and, down with virtually no connection to ergy crisis, one of the major actors and of course, as this world becomes more real supply and demand indicators. perhaps the main actor in creating and more interlocked, in fact, the Up to this point, the Republicans in what we have seen today is a former economy of the entire world. the Senate have prevented us from tak- Senator from Texas named Phil In that context, the extreme eco- ing any real action to rein in those Gramm. In terms of our financial cri- nomic ideology of people such as

VerDate Mar 15 2010 22:10 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\2008SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8832 CONGRESSIONAL RECORD — SENATE September 16, 2008 former Senator Gramm, and for that Gramm. Yes, you guessed it, it was his the kind of bold changes we need to matter Senator MCCAIN, says that the wife. And Wendy Gramm had become make, for the first time in the modern people of this country should simply head of the CFTC after being on the history of America our children will stand back and allow executives in board of directors of, well, you guessed have a lower standard of living than we Wall Street boardrooms to make deci- it, the Enron Corporation. Even Holly- do. sions with no public oversight that wood could not come up with a plot We are looking at the American have the potential of wrecking our quite so transparent. dream as an American nightmare. We economy. In other words, deregulate The result of this deregulation of the are moving in the wrong direction eco- them, let them do whatever they want energy markets has, according to many nomically as well as in so many other in order to improve their bottom line, experts who have testified before Con- areas. and the Government does not have to gress, allowed speculators on unregu- Since President Bush has been in of- watch to see what the implications of lated markets to artificially drive the fice, nearly 6 million Americans have their decisions are for our country or cost of a barrel of oil up to over $147 a slipped out of the middle class and into for our taxpayers. barrel. poverty. How do you think the fun- I disagree with Senator Gramm’s per- My colleagues, including Senator damentals are strong when 6 million spective. People who want to gamble DORGAN and Senator CANTWELL and more Americans enter the ranks of the their own money are certainly welcome many others, have laid out the way poor? Since Bush has been in office, to do that. But when your actions have that speculators have driven up oil over 7 million Americans have lost the ability to dry up credit for busi- prises in many well-researched presen- their health insurance. Now well over nesses all over our country, when your tations here on the floor and a number 46 million Americans are without any actions can dry up mortgages for peo- of Senate committees. I applaud them health insurance at all, and even more ple who desperately want to buy a for their leadership. But all of this are underinsured. Does that sound like home or stay in their home, when your speculation and all of the millions and the fundamentals of the economy are actions depress the value of Americans’ billions of dollars that Americans have strong? savings, we need public oversight, and spent on exorbitantly priced gasoline Since President Bush has been in of- it should be strong oversight with the would not have happened if it had not fice, over 3 million manufacturing jobs primary mission being to protect the been for the efforts of Senator Gramm have been lost, total consumer debt has American public from the reckless pushing through the so-called Enron more than doubled, median income for greed that has brought us to where we loophole. working-age Americans has gone down are today. As central as Senator Gramm was in over $2,000 after adjusting for inflation. In former Senator Gramm’s world creating the financing and energy dis- They do not get or do not care that view, when it comes to protecting the asters we are currently facing, he was prices on almost everything we con- American consumer and the safety and aided and abetted by the Bush adminis- sume are going up and up and up. soundness of our financial institutions, tration’s willingness to simply look the Today the typical American family is Government is not the answer, Govern- other way. Even with all of the harm paying over $1,700 more on their mort- ment is the enemy, Government is ter- that has been done to the economy, gages, $2,100 more for gasoline, $1,500 rible. But when banks fail, all of a sud- President Bush still refuses to ac- more for childcare, $1,000 more for a den, guess what happens. The Govern- knowledge it. One wonders what world college education, $350 more on their ment has no choice but to intervene to he is living in. health insurance, and $200 a year more prevent the entire economy from col- And, shockingly, Senator MCCAIN is for food than before President Bush lapsing. The Gramm-McCain version is singing from the same song sheet. On was in office. one where profits are private, going to September 15, Senator MCCAIN said: In addition, home foreclosures are the very wealthiest people in this coun- The fundamentals of our economy are the highest on record, turning the try, but risk is public, being assumed, strong. American dream of home ownership by and large, by the middle-class and Does that sound familiar? Well, it into the American nightmare. The un- working people of this country. It is so- should. Since 2001, President Bush and employment rate has skyrocketed. cialism for the very rich, and free en- members of his administration have re- Since January of this year, we have terprise for everyone else. peatedly described the economy as lost over 600,000 jobs. Adding insult to Unfortunately, former Senator strong and getting stronger: Thriving, injury, the national debt has increased Gramm was not satisfied by having set robust, solid, booming, healthy, power- by over $3 trillion, and we are spending up the dominos in 1999 that made our ful, fantastic, exciting, amazing, the $10 billion a month on the war in Iraq, current financial crisis possible. In envy of the world. making it harder and harder to do any- 2000, he decided his loot-and-burn eco- Those are the adjectives used by the thing to help the struggling middle nomics had to be applied to the energy President and members of his adminis- class. markets as well now. This is an tration over the last 8 years. What Is it any wonder that Rick Davis, achievement. First you go after de- economy are they looking at? The fact Senator MCCAIN’s campaign manager, regulating the financial markets, and is, when it comes to the economy, Sen- recently said: ‘‘This election is not then you move to energy. And out of ator MCCAIN and President Bush do not about issues’’? If my economic policies his efforts in energy, of course, the so- get it. Is it a surprise to anyone that were to follow President Bush’s and the called Enron loophole was born. Sen- Senator Gramm, who, until fairly re- economy was in a state of near reces- ator Gramm, who was then Chairman cently, was Senator MCCAIN’s major sion and unemployment was up and of the Banking Committee, was one, if economic adviser on his campaign, de- median family income went down and not the main proponent of the provi- scribed Americans as ‘‘a nation of more people were losing health insur- sion deregulating the electronic energy whiners’’ who are suffering through a ance and more and more people were in market that we now know as the Enron ‘‘mental recession’’? debt, the foreclosure rate at the high- loophole. Was it a surprise? What is surprising est rate in American history, if all Was this done through a deliberative is that Senator MCCAIN is trying to those things were happening, I would process with debate and hearings? Ac- pass himself off as a maverick when he certainly also run on a campaign not tually, no, it was not. This very impor- looks to the same people, people such having anything to do with issues tant provision was slipped into a mas- as Senator Gramm, who laid the whatsoever. That is what I would do. I sive unrelated bill with no discussion groundwork for our current economic would run away from all of those and no hearings, and the American peo- problems. issues. That is certainly JOHN MCCAIN’s ple today are paying the price for that. While Senator MCCAIN and President strategy. Who can blame him? The Federal agency that oversees Bush think the fundamentals of our JOHN MCCAIN claims to be offering those energy markets was the Com- economy are strong, while they talk change. But on issue after issue, he is modity Futures Trading Commission, about how robust things are, the re- offering more of the same—more tax the CFTC. Conveniently, the head of ality is the middle class in this country breaks for the very rich, more unfet- that agency at the time was a Wendy is collapsing. And if we do not make tered free-trade agreements that will

VerDate Mar 15 2010 22:10 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\2008SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 16, 2008 CONGRESSIONAL RECORD — SENATE S8833 cost our country millions of good-pay- would like to follow, the record speaks that? How does that work. You adver- ing manufacturing jobs, more tax for itself. tise that if people have bad credit, they breaks to big oil companies ripping off Take a look at job creation, how ought to come to you. the American consumer at the gas many new jobs have been created. Here is Millenia Mortgage. They said: pump; in other words, more of George Under President Clinton, almost 23 Twelve months, no mortgage payment. Bush’s failed policies that have led to a million new jobs were created. That is That’s right. We will give you the money to collapse of the middle class, an in- a pretty good record. Did every one of make your first 12 payments if you call in crease in poverty, and a wider gap be- those jobs pay the kind of wages we the next 7 days. We pay it for you. Our loan tween the very rich and everyone else. would like? No. But nonetheless, al- program may reduce your current monthly payment by as much as 50 percent and allow JOHN MCCAIN and George Bush may most 23 million new jobs were created you no payments for the first 12 months. Call be right in one respect: If they are in Clinton’s 8-year term. Under Presi- us today. talking about the wealthiest people dent Bush, less than 6 million jobs have Here is a mortgage company saying: and the most profitable corporations, been created. Come on over here, get a mortgage the economy is fundamentally strong. Under President Clinton, more than 6 from us. We will give you a home mort- Things could not be better for those million Americans were lifted out of gage. You don’t even have to make the people, that small segment of our soci- poverty and into the middle class. first 12 months’ payment. We will ety. In fact, one can make the case— Under President Bush, the exact oppo- make it for you. They don’t, of course, and economists have—that the wealthi- site has occurred. Nearly 6 million peo- say here that what they will do is stick est people have not had it so good since ple who were in the middle class have that on the back of the mortgage and the robber baron days of the 1920s. been forced into poverty. Under Presi- add interest to it. But that is what Right now—this is really quite an as- dent Clinton, median family income they are advertising. tounding fact—the top one-tenth of 1 went up by nearly $6,000. That is a lot Here is Zoom Credit. All of these are percent of income earners earn more of money. Under President Bush, me- television, radio ads. They said: income than the bottom 50 percent. dian family income is going down. That gap between the people on top, The Republican Party for years has Credit approval is just seconds away. Get on the fast track at Zoom Credit. At the who are busy trying to build record- told us they are the party of fiscal re- speed of light, Zoom Credit will preapprove breaking yachts and all kinds of sponsibility above all. Yet, under you for a car loan, a home loan or a credit homes, busy buying jewelry that is un- President Bush, the national debt has card. Even if your credit’s in the tank, Zoom believably expensive—one-tenth of 1 increased by more than $3 trillion. Credit’s like money in the bank. Zoom Cred- percent earn more income than the Under President Clinton, we had Fed- it specializes in credit repair and debt con- bottom 50 percent—that gap is growing eral surpluses as far as the eye could solidation too. Bankruptcy, slow credit, no wider. Also the top 1 percent own more see. Under President Bush, we have had credit—who cares? wealth than the bottom 90 percent. We Federal deficits as far as the eye can That is what Zoom Credit was saying as a nation have the dubious distinc- see. to customers. You got bad credit, you tion of having the most unfair distribu- There is a clear choice to be made have been bankrupt, who cares? Come tion of wealth and income of any major this year. That choice is, does Govern- and get a loan from us. They say: We country on Earth. ment work for all of the people, for the don’t care if you have bad credit. The wealthiest 400 people have not middle class, for working families, for In fact, here is what they also say: only seen their incomes double, their people who are struggling, or do we Get a loan from us. We will give you net worth has increased by $640 billion continue to develop policies which rep- what is called a ‘‘low doc’’ loan or a since President Bush has been in office. resent the people on the top who, in ‘‘no doc’’ loan. If you have bad credit, Can we believe that? The wealthiest 400 fact, have never had it so good since we will give you a ‘‘low doc,’’ which Americans have seen their net worth the 1920s? means we will give you a home mort- increase by $640 billion since George The future of our country is at stake. gage and you don’t even have to docu- Bush has been in office. Today, the I personally believe we cannot afford 4 ment your income for us. You don’t richest 400 Americans are now worth more years of President Bush’s poli- have to prove your income to us. That over $1.5 trillion. At the same time, we cies. is called no documentation. Bad credit, have the highest rate of childhood pov- I yield the floor. come and get a loan from us. No docu- erty; 20 percent of our children live in The PRESIDING OFFICER (Mr. mentation, that is OK. It is unbeliev- poverty. We have working families lin- SALAZAR). The Senator from North able and unbelievably ignorant. ing up at food banks because they don’t Dakota. I pulled this off the Internet. Perfect earn enough to pay for food. Mr. DORGAN. Mr. President, the credit not required. No-income- Apparently, all of that is not good wreckage all of us observed yesterday verification loans. Pretty interesting, enough for Senator MCCAIN and for and the consequences of a 504 point isn’t it? Come and get a mortgage from President Bush. They insist that those drop in the stock market and the con- this company. You don’t have to verify tax breaks be made permanent. In cern in this country about its economic your income, and you don’t need per- George Bush’s and JOHN MCCAIN’s future can be traced to a lot of things. fect credit. Here is a company on the world, those are the Americans who are I wish to talk about some of them for Internet that wants to give you a home struggling. The wealthiest 400 Ameri- a few minutes. I want to show a couple loan. It says: You can get 5 years’ fixed cans just can’t make it on $214 million charts that describe some of the origin payments with a 1.25-percent interest a year. It must be pretty hard to scrape of what has weakened this economy, rate. That is interesting, isn’t it? Of through and get the food and shelter a and then I will talk about how this all course, it is a sham, the 1.25-percent in- family needs, so obviously those are happened. terest rate you get to pay. Again, bad the guys who need a tax break. Almost everyone in this country in credit? Come to us, we will give you a We have had almost 8 years of Presi- recent years has seen ads like this from mortgage. You don’t want to document dent Bush’s economic policies. They Countrywide, the biggest mortgage your income, that is OK. Bad credit follow, of course, 8 years of the policies banker in the country. Countrywide and no documentation. And by the of President Clinton. I think it is im- had an advertisement that said: Do you way, we will give you a 1.25-percent in- portant to say a word to compare what have less than perfect credit? Do you terest rate. happened during those two administra- have late mortgage payments? Have All of us, when we were kids, went to tions. you been denied by other lenders? Call western movies from time to time. In I happened, as a Member of the us. virtually every movie, they had the House, to have disagreed with Presi- Countrywide Bank, the biggest bank guy who came into town with a couple dent Clinton on a number of issues. But of its type in America, saying, essen- old mules driving a slow wagon. He I think when we look at his overall tially: You have bad credit? You need wore a silk shirt and striped pants, and economic record and contrast it to the money? Call us. Most people would he was selling snake oil. It cured every- overall economic record of President probably hear that, as I did over the thing from hiccups to the gout. He was Bush and the policies Senator MCCAIN years, and think: How can they do selling snake oil from the back of his

VerDate Mar 15 2010 22:10 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\2008SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8834 CONGRESSIONAL RECORD — SENATE September 16, 2008 wagon. This is not in an old western. anything goes, and the economy col- Where is the due diligence? How on These are companies on the Internet, lapsed into a Great Depression. Frank- Earth could that have happened? on television, on radio. lin Delano Roosevelt, with the New Now, there is a kind of a no-fault I go back to Countrywide, the largest Deal, said: This isn’t going to happen capitalism and no-fault politics going mortgage broker. Do you have less again. Banks were failing. Banks were on around here. No-fault capitalism— than perfect credit? Come to us. We closing. Depositors couldn’t get their all of those folks who said: Get Govern- want to invite you, get a mortgage money. Franklin Delano Roosevelt and ment off my back. We want to run from us. That is what happened. the New Deal repaired that economy by these big enterprises the way we want Now the stock market collapses on saying: We are going to separate com- to run them. Then they run them into Monday. What is the relationship? The mercial banking institutions from the ground, and they need to have the relationship is that our economy is other risky enterprises. We are not Federal Reserve Board open—for the reeling from the wreckage of the going to let banks get engaged in real first time in their history—a window subprime loan scandal. What does that estate and securities and insurance. We for direct lending to investment banks mean, subprime loans? All of this are not going to do that because this is just as they do to regulated banks. starts with some brokers out there who the very perception of safety and Why? Because they were worried they are selling mortgages. Then they sell soundness. Safety and soundness deter- were too big to fail. If an enterprise to it a mortgage bank, and then the mines whether a bank is safe and such as that is too big to fail, why is it mortgage bank securitizes it and sells sound. If you injure that perception by too small to regulate? Why is it that it up to a hedge fund, and the hedge fusing risky enterprises—real estate, all of the regulators sat on the side- fund probably sells to it an investment for example, and securities under- lines while something that most people bank. What they do is, they loan writing—with traditional banking don’t even know about—$40 trillion in money to people with bad credit and issues, you do a great disservice to this value of credit default swaps were out provide no documentation or they loan country’s economy. So they were sepa- there, and much of it is as a result of money to people with good credit and rated with the Glass-Steagall Act, for dramatic borrowing and leverage. It is give them teaser rates with resets and example. a house of cards with a big wind com- prepayment penalties that the people In 1999, the Financial Modernization ing, and that wind can play havoc with can’t possibly pay 3 years later and set Act was passed. I was one of eight this financial house of cards. them up for failure and then sell these Members of the U.S. Senate to vote So the no-fault capitalism portion of loans in a security. As they used to against it because it repealed the it is that they do what they want to pack sawdust in sausage, they pack bad Glass-Steagall Act. Oh, they all prom- do—make a lot of money. We all know loans with good loans. They slice them ised firewalls. It didn’t mean a thing. I what the compensation has been: unbe- and dice them and sell them up the warned then, and I warn again now: lievable money for those at the top stream. These are the significant consequences who are running these organizations. So now you have loans, a cold call to of forgetting the lessons of the 1930s Then it takes a nosedive, and a bunch a person who had a home by a broker which are going to haunt us, and they of our bankers and others convene in saying: You are paying 6 percent inter- are haunting us. New York and they just say: All right, est rate on your home mortgage? We So what happens is they not only who are we going to save, who are we will give you one for 1.25 percent. We passed a Financial Modernization Act going to prop up, or who are we going will dramatically reduce your home which repeals Glass-Steagall and the to give a direct loan to? That is no- mortgage monthly payment. And by very things we put in place to protect fault capitalism. No-fault politics: It is the way, we are not going to emphasize against this sort of thing—the min- all of those who were running around this—in fact, we may just mention it in gling of risky enterprises with bank- here thumbing their suspenders saying: a whisper—ultimately, it is going to ing—they not only do that, but George Well, we have to deregulate, we have to reset, and it will be 10 percent in 3 W. Bush wins the Presidency and he do this and that. Let’s ignore the les- years. And by the way, you don’t have comes to town and he appoints regu- sons of the 1930s. Let’s get rid of Glass- to document your income. At any rate, lators—i.e., Harvey Pitt to run the Se- Steagall. Let’s let commercial banks you can’t pay with your income at a 10- curities and Exchange Commission, get engaged in securities underwriting percent rate in 3 years, but it doesn’t just as an example. What is the first and other risky activities. All of those matter, you can sell that home and flip thing he says when he gets to town? He folks are now saying: Well, that is not it between now and then. Don’t worry says: You know something, you should what caused this problem. In fact, they about it. That is the kind of thing that understand that the Securities and Ex- are still strutting their stuff saying the was going on with an unbelievable change Commission is a business- economy is strong. amount of greed—with the brokers, friendly place now. Right. Well, that is The economy is not strong. The econ- with the mortgage companies, with the what happened in virtually every area omy is dramatically weakened as a re- hedge funds, the investment banks, all of regulation. People were appointed sult of what these folks did to the grunting and snorting and shoving in who didn’t have the foggiest interest in economy and as a result of this admin- the hog trough here. They were making regulating. The whole mantra was to istration’s decision that regulation is a massive amounts of money, and the deregulate everything: Don’t look, four-letter word. I have news for them: whole thing collapsed, just collapsed. don’t watch, don’t care. As a result, in Regulation has more letters than four, Now, how does it happen that it helps virtually every single area, we saw this and regulation is essential to the func- cause a bankruptcy in France or a kind of greed and unbelievable activity tioning of this kind of Government. bankruptcy in Italy or a 504-point drop develop across this country. I think free markets are very impor- of the stock market here in the United So now we went through this period tant. I believe in capitalism and the States on Monday and so many other with a housing bubble built up with free market system. I don’t know of a failures? Bear Stearns doesn’t exist these subprime mortgages, and then we better allocator of goods and services anymore, Lehman Brothers is going saw the whole thing go sour and people than the marketplace, but I also under- bankrupt. I could go through them all. wonder why. It is not surprising at all stand the marketplace needs a regu- How is it that all of this is happening, that it went sour. What is surprising to lator. There need to be regulators who all of this carnage and wreckage as a me is how so many interests got make certain that when the market- result of this greed? sucked in by this and how unbelievably place gets out of whack, somebody Let me go back just a bit. Two damaging it has been to the American calls it back in. Regulators are like things, it seems to me. No. 1, there are economy. referees, except these regulators in this a bunch of folks who were fast talkers How could they have missed what administration had no striped shirts who decided they were going to sell was going to happen here? We had some and no whistles to call fouls because Congress on financial modernization. of the biggest investment banks in the they didn’t think anything represented We have learned this lesson. This les- world that were buying securities that a foul. It was ‘‘let the buyer beware.’’ son existed in the 1930s. In the Roaring had bad value mixed in with securities, Now, what happens next? Well, re- Twenties, it was ‘‘Katy, bar the door,’’ and they didn’t know it, they say. grettably, none of us know. We don’t

VerDate Mar 15 2010 22:10 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\2008SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 16, 2008 CONGRESSIONAL RECORD — SENATE S8835 know what will happen after yesterday. is just to say to all those who are run- banks, they looked at that and said: We don’t know what will happen the ning in support of President Bush’s This is really good. We have a huge, rest of the week. We don’t know what policies: Boy, let’s just keep doing it. built-in, high income from these mort- else is there. Some say the biggest But it seems to me—the old law says gages, and the borrower can’t get out reset of mortgages will occur in the when you are in a hole, stop digging. It of it because there is a prepayment fourth quarter of this year, which is seems to me the American people un- penalty. That is why they paid pre- very soon now. We don’t know the con- derstand that very well. miums for it. That is why they all sequences of all of this because this It is time now—long past the time— thought they were getting rich. It was was a spectacular, unbelievable trail of for this country to get back to fun- unfettered greed. They all made money greed that, in my judgment, has dra- damentals and for the American people in the short term, and the American matically injured this country. to insist from their Government the economy takes a giant hit in the What is important now is for us to kind of responsibility that Government longer term. try to create some sort of a net to should manifest in terms of its respon- Finally, let me just say I don’t think catch this economy and then put it sibility to protect the marketplace, to this is a case that is like all other back on track with really effective reg- protect the American taxpayer, to try cases. We are challenged in lots of ways ulation—and decide that we are going to do things that help all Americans, on many different days here in the to have sound business principles and help lift up all Americans. Congress. This is a different challenge. we are going to relearn the lessons of My colleague described a bit ago the This country’s economic future hangs the past. We shouldn’t have to relearn circumstance in this economy where in the balance, and the question is, them, but we will. We understood the the wealthy have gotten very Will we have the leadership? Will we lesson from the 1930s. We taught it in wealthy—much wealthier—and then exhibit the leadership to do this? our colleges, about the fundamentally the folks in the rest of the population Mr. President, the answer has to be unsafe condition of merging risk with are struggling to figure out: How on yes. We cannot decide no, maybe, banks. Yet, I can recall when it was Earth can I keep my job. We have all of maybe not. The answer has to be that sold to the Congress as financial mod- these folks sending these jobs to Asia. this requires new, aggressive leader- ernization. It was the big shots getting How do I keep my job? Or if I keep my ship. We have a Presidential campaign their way, and we all pay a dramatic job, why is it that they withdraw my going on now, and I happen to support penalty for it. health insurance and no longer provide Senator OBAMA. I think it is critically ‘‘The economy is strong,’’ my col- health insurance? Why do I not have a important to look at the history and leagues have said. Senator MCCAIN— retirement program anymore? That is the record of the candidates to find out and I wouldn’t normally mention him what working people face every single who is going to support the kinds of on the floor of the Senate. He is out day. They get out of bed, many of them things that are necessary to get this there running for the Presidency. But work two jobs, they work hard, trying country back on track. since Senator MCCAIN grabbed pictures to do the right thing, and they discover I have talked previously a couple of me and several others and put them the folks at the very top are getting by times about John Adams’ description in television commercials to suggest, with really huge incomes. of trying to put a new country together here is what is wrong, perhaps maybe By the way, last year the top income when he would write to Abigail. He it is OK for us to say what is wrong are from a hedge fund manager was $3.6 bil- traveled a lot and was in Europe as those who were such cheerleaders for lion—$3.6 billion—and they pay a 15- they were trying to put this new coun- taking apart that which was to protect percent top income tax rate. Isn’t that try together. He would write to his this country in the first place—Glass- unbelievable? By the way, they don’t wife Abigail and say plaintively in let- Steagall and others. They knew bet- even pay that, in most cases, because ters: Who will provide the leadership ter—should have known better—and they try to run their carried interests, for this new country of ours? Where what is wrong is those who aided and as they call it, through tax-haven will the leadership come from? Who abetted and carried the wood in the countries in a circumstance where they will be the leaders? Then in another last 7 years to say to regulators: Don’t can defer compensation and avoid pay- one he would lament that there is only bother regulating. Get your paycheck. ing even the small 15 percent income us—me, George Washington, Ben We will give you a paycheck. Just be tax rate. So when somebody comes Franklin, Mason, Madison, and Jeffer- friendly. Don’t regulate. Don’t look. home making $3.6 billion and the son. Those who did that did a great dis- spouse says: How did you do today, In the rearview mirror of history, service to this country, in my judg- honey? Well, pretty well. This month, I that was some of the greatest human ment. made $250 million. That is a far cry talent ever assembled, and this country Now, I recognize this is not a polit- from what most American working was given leadership. Every generation ical system in which one side is always people would understand or accept, in asks, where will the leadership come all right and one side is always all my judgment. When you see what is from? If ever there was needed new wrong. That is not the case. It just is happening at the top compared to what leadership to step forward and say we not. Both political parties for a long is happening to the rest, there is some- need a new way, not the old way, we time have contributed much to this thing wrong with this economy. need to put America back on track, to country. But I would say this: We have Now, I have just described in some get our grip and our traction, it is now. been through a period that I think is detail what happened to cause this I think our economy is in significant devastating to this country’s economic subprime collapse. To most people—it peril. I know what happened to it. The future. A lot hangs in the balance. is a term that is almost foreign— question is, how do we fix this mess? I think if the American people want subprime lending. Yet much of it is at How do we deal with the wreckage? I more of the same, then they can sign the root of the dramatic problems we hope the debate we have—let me just up for that. They can say: Well, we now have: the failure of investments, say in this discussion about running for kind of like what is going on here. We the difficulty of all kinds of institu- President, I have seen so much dishon- like the notion that regulators were tions that loaded up with this. Why did esty with respect to the television told not to regulate and complied ag- they load up? Because the people who commercials that have been run and gressively. We like the notion that we sold these subprime mortgages put pre- the making of issues and about the have nearly 700,000 people who have payment penalties in them. They load- phrases that are used. It is unbeliev- lost their jobs just since the first of ed them with very low interest rates at able to me. The one thing I will say I this year. We think that has gone real- the front end and then a reset to very admire is that BARACK OBAMA—whom I ly well. We like the fact that the price high interest rates on the back end—in have campaigned with in this coun- of oil doubled from July of last year to most cases, 3 years—and then put pre- try—is talking about the future, about July of this year. We think that is just payment penalties in so you couldn’t issues, and he is talking about raising fine. If people really believe that—we get out of it. So when they securitized up this country, which I think is so im- like all of these things—there is cer- it and sold the security upstream to portant at this point. We need that tainly a way to continue that, and that the hedge funds and the investment leadership now.

VerDate Mar 15 2010 22:10 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\2008SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8836 CONGRESSIONAL RECORD — SENATE September 16, 2008 Mr. President, with that, I am going Waste in excess inventory is part of a Traumatic Stress Disorder and Trau- to speak later this week on some other bigger problem of waste in the Depart- matic Brain Injury Centers of Excel- issues. I wanted to talk today about ment of Defense. The distinguished lence and conduct pilot programs to the issue of the two points that I think chairman of the Armed Services Com- better treat these disorders. The bill have dramatically weakened this coun- mittee, Senator LEVIN, recently cited a will also require that the Department try: One, the salesmanship of the Fi- GAO report detailing $295 billion in of Defense to develop uniform stand- nancial Modernization Act. Eight of cost overruns and an average 21-month ards and procedures for disability eval- us—myself included—voted against delay on Pentagon weapons systems. uations of recovering servicemembers that in the Senate, believing that it The GAO report recommends strong across military departments. I com- would damage this country, and indeed congressional oversight of defense pro- mend the committee for continuing to it has. Second, the arrival of George W. grams. To that end, the reporting make quality military health care a Bush, who decided he didn’t believe in mechanisms of the Sanders-Feingold- priority. Government regulation. We now see Whitehouse amendment increase over- This legislation provides vitally im- the carnage and wreckage that has re- sight and prevent waste in the Depart- portant increases in authorized funding sulted from that. This country deserves ment of Defense. for our National Guard. This bill shows better and will get better, in my judg- Our amendment calls on the Depart- a clear and substantial commitment to ment. ment of Defense to cut waste and fix restore and improve the homeland de- Mr. WHITEHOUSE. Mr. President, as the problem. This measure would re- fense capabilities and readiness of our we debate legislation to authorize more quire the Secretary of Defense to cer- National Guard. I am very pleased that than $600 billion for our Armed Forces, tify to Congress that the Army, Navy, the committee increased the authoriza- we have a responsibility to the tax- Air Force, and Defense Logistics Agen- tion of the Army’s procurement budget payers who foot the bill to make sure by $391.2 million for dual-purpose cy have reduced by half their spare that money is being used as carefully equipment in support of National parts that are on-order and already la- and as wisely as possible. Today I rise Guard readiness. In addition to giving in support of an amendment offered by beled as excess. Until this certification our National Guard the tools and is completed, the amendment would Senator SANDERS and cosponsored by equipment they need, this bill also en- withhold $100 million from the defense myself and Senator FEINGOLD that ex- hances Guard and Reserve family sup- poses unnecessary and wasteful spend- budget for military spare parts. port programs. Our amendment would also require ing within the Department of Defense In closing, I commend Chairman the Department of Defense to come up and offers a solution. LEVIN, Senator WARNER, and their From storage warehouses to assem- with a plan to reduce the acquisition of staffs for putting together a bill of bly lines, the Department of Defense is unnecessary spare parts and improve which we can all be proud. This bill sitting on billions of dollars in parts its inventory systems. It would then sends the message that we in the Sen- and supplies that are in excess of the require quarterly progress reports to ate remain committed to supporting military’s requirements—everything Congress, including reports on the lev- our troops, both in combat and at from jet engines to springs to fuel els of excess inventory that are on home. tanks. hand and on-order. Mr. REED. Mr. President, I commend The Army, Navy, Air Force, and Our troops deserve the best equip- the work of my colleagues on the other Department of Defense agencies ment and the best supplies we can give Armed Services Committee on this im- currently possess $30.63 billion of them to help them do their jobs and portant legislation which I hope Presi- unneeded spare parts, in addition to keep us safe. Leaving billions of dollars dent Bush will sign into law prior to $346 million of excess spare parts that of spare parts to rust away in ware- the start of the fiscal year. In this tre- are on-order—parts that are still being houses just doesn’t serve that purpose. mendous time of transition for our produced or delivered, but that the I urge my colleagues to support this military, we owe them a law that will military already knows it doesn’t need. commonsense, important amendment. enable the DOD to execute this year’s The Air Force has $18.7 billion of excess Ms. MIKULSKI. Mr. President, I rise budget efficiently and effectively. spare parts on hand; the Navy has $7.7 today to express my thanks and appre- This bill provides a budget that al- billion, and the Army has $4.21 billion. ciation to Chairman LEVIN and Senator lows the DOD to plan for future On-order excess spare parts are at WARNER for their outstanding efforts threats, combat current threats, and lower but still unacceptable levels. The on the bipartisan National Defense Au- provide for the welfare of our brave Air Force has $1.3 billion in excess thorization Act for Fiscal Year 2009. veterans both past and future. It should also be noted that this parts on-order; the Navy has $130 mil- I would especially like to recognize year’s bill and the authorization bills lion, and the Army has $110 million. Senator WARNER for his stewardship of It gets worse. Branches of the Armed this bill this year, and his determined from the preceding 28 years could not Forces have millions of dollars of spare role managing the bill on the floor over have been completed without the parts on-order that they have already the last few weeks. Senator WARNER statesmanship and the strong bipar- decided they will dispose of when they has played a role in most of the De- tisan leadership provided by Senator arrive. If a retailer like Target or Best fense authorization bills over the last JOHN WARNER. This will be Senator Buy or Kmart controlled its inventory 40 years. His sage counsel and steady WARNER’s final authorization bill during his nearly 30 years on the Senate so poorly that it had $307.48 million hand on the rudder are an invaluable Armed Services Committee, on which worth of items on-order that it knew it asset to the Senate in meeting our he also served as chairman and ranking would have to dispose of immediately commitment to our men and women in member. In his nearly 60 years of serv- upon arrival, that company would uniform. I would like to thank the committee ing our country both in and out of uni- quickly go bankrupt. The Air Force form, he has always upheld his com- has $235 million of spare parts marked for supporting $1.3 billion in military construction and base realignment and mitment to our brave service men and for disposal; the Navy has $18.18 mil- women with the highest standards of lion, and the Army has $54.3 million. closure funding for Maryland’s military installations. This funding is espe- honor and integrity That’s a nonsensical and unacceptable I would first like to point out a few cially critical to ensuring that the waste of taxpayers’ money. of the highlights of the National De- The Defense Department’s inventory BRAC transition of Walter Reed Army fense Authorization Act currently management systems are a big part of Hospital to the National Military Med- being considered: the problem: they are incompatible, ical Center in Bethesda, MD, stays on Authorizes a much needed 3.9 percent duplicative, and ill-equipped to the track. We owe it to our wounded war- across-the-board pay raise for the task of managing such a massive vol- riors and their families to give them brave men and women of our armed ume of parts and supplies. Don’t just world class medical facilities that they forces. This pay raise is a half percent take my word for it. Over the last dec- deserve. higher than that requested by Presi- ade, the General Accountability Office This bill also makes great strides in dent Bush; has repeatedly flagged these inventory continuing to focus on the Dole- Fully funds Army readiness and management systems as ‘‘high-risk,’’ Shalala recommendations that outline depot maintenance programs to ensure vulnerable to fraud, waste, abuse, and the best courses of action for improv- that forces preparing to deploy are mismanagement. If American compa- ing the quality of care for our wounded properly trained and equipped; nies can get this right, there is no rea- warriors. This bill requires the Depart- Authorizes $26.1 billion for the De- son that America’s military can’t. ment of Defense to establish Post fense Health Program, which includes

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This ship is critical to Emerging Threats and Capabilities crease the amount and quality of test- maintaining the technical superiority Subcommittee include: ing performed on force protection that our Navy has enjoyed on the Authorizing more than $120 million equipment, such as body armor, hel- oceans throughout the world. The fu- in the area of nonproliferation and mets, and vehicle armor, before it is ture maritime fleet must be adaptable, combating weapons of mass destruc- deployed to the field, to ensure that affordable, survivable, flexible and re- tion, including $50 million for our soldiers and marines have the best sponsive. The ZUMWALT class pro- denuclearization activities in North available equipment and protection. vides all of these characteristics as a Korea; $20 million for the Cooperative In order to enhance our ability to Threat Reduction program; and more multimission surface combatant, tai- combat international terrorist groups, than $50 million for chemical and bio- lored for land attack and littoral domi- the bill would fully fund the $5.7 billion nance. It will provide independent for- logical defense programs. Consolidating funding for the Mixed budget request, and add over $20 mil- ward presence, allow for precision Oxide, MOX, program in the National lion for items to help find and track naval gun fire support of Joint forces Nuclear Security Administration, terrorists, including intelligence, sur- ashore, and through its advanced sen- NNSA, as a nonproliferation activity, veillance and reconnaissance packages; sors ensure absolute control of the rather than as part of the nuclear en- extend authorization to the Special Op- combat air space. All of this capability ergy budget as the budget requested. erations Command to train and equip is based on today’s proven and dem- Clarifying that excess fissile mate- forces supporting or facilitating special onstrated technologies. We cannot rial disposition is an NNSA non- operations forces in ongoing military build the same ships that we did 20 proliferation responsibility. operations, and increase the funding years ago and hope to defeat tomor- Establishing a nonproliferation available for this activity; and increase row’s emerging threats. scholarship fund to deal with shortages funding for DOD’s Regional Defense This year I once again had the honor in technical and other fields such as Combating Terrorism Fellowship. of serving as the chairman of the radiochemistry and nuclear forensics. Concerning counterdrug programs, Emerging Threats Subcommittee. Sen- Adding $25 million to nonprolifera- the bill includes a provision that would ator DOLE served as the ranking mem- tion research & development, R&D, for extend the authority to use ber of the subcommittee and working nuclear forensics and other R&D ac- counterdrug funds to support the Gov- together, our subcommittee produced tivities. ernment of Colombia’s unified cam- good results in the bill now before the Authorizing the Cooperative Threat paign against narcotics cultivation and Senate. The Emerging Threats and Ca- Reduction Program and providing an trafficking, and against terrorist orga- pabilities Subcommittee is responsible additional $10 million for new initia- nizations involved in such activities. It for looking at new and emerging tives outside of the former Soviet also includes a provision that would ex- threats to our security, and consid- Union, $1 million for Russian chemical tend the Department’s authority to use ering appropriate steps we should take weapons demilitarization, and $9 mil- counterdrug funds to support law en- to develop new capabilities to face lion for nuclear weapons storage secu- forcement agencies conducting coun- these threats. rity in Russia to complete the work terterrorist activities. In preparation for our markup, Sen- under the Bratislava agreement. This is a good bill. The members of ator LEVIN, the distinguished chairman The bill also includes a number of the committee and the committee staff of the committee, provided guidelines legislative provisions that will enhance have worked many hours to get this for the work of the committee, includ- the Department’s ability to procure bill to the floor. We are a nation at war ing the following two items: and use critical defense technologies, and the military needs this bill. I urge Improve the ability of the armed such as: my colleagues to work together to pass forces to counter nontraditional Legislation that would implement it so that we can conference with the threats, including terrorism and the recommendations of the National House and send it on to the President proliferation of weapons of mass de- Academy of Sciences to help ensure for his signature. struction, and that the DOD develops and procures I suggest the absence of a quorum. Promote the transformation of the printed circuit boards that are trust- The PRESIDING OFFICER. The armed forces to deal with the threats worthy and reliable for use in defense clerk will call the roll. of the 21st century. systems; The legislative clerk proceeded to In response, our subcommittee rec- Legislation that would implement call the roll. ommended initiatives in a number of the recommendations of the Defense Mr. LEVIN. Mr. President, I ask areas within our jurisdiction. These Science Board seeking to enhance the unanimous consent that the order for areas include: Department’s ability to ensure that the quorum call be rescinded. Supporting crucial nonproliferation microelectronics procured from com- The PRESIDING OFFICER. Without programs and other efforts to combat mercial sources, including foreign objection, it is so ordered. Weapons of Mass Destruction (WMD); sources, and embedded throughout de- Supporting advances in medical re- fense systems are reliable and trust- f search and technology to treat such worthy; and conditions as traumatic brain injury Legislation requiring the develop- and post-traumatic stress disorder; ment of a joint government-industry MORNING BUSINESS Increasing investments in new en- battery technology roadmap to ensure Mr. LEVIN. Mr. President, I ask ergy technologies such as fuel cells, hy- that a healthy and innovative defense unanimous consent that the Senate brid engines, and alternate fuels to in- industrial base for batteries exists in proceed to a period for the transaction crease military performance and re- the United States, to support a variety of morning business, with Senators duce costs; of requirements in military vehicles, permitted to speak for up to 10 minutes Increasing investments in advanced computers, and other equipment. each. manufacturing technologies to Relative to science and technology The PRESIDING OFFICER. Without strengthen our defense industrial base funding levels, the bill would increase objection, it is so ordered.

VerDate Mar 15 2010 22:10 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\2008SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8838 CONGRESSIONAL RECORD — SENATE September 16, 2008 CHICAGO FLOODING Today the skies are clearing over Honor Flight and its volunteers, Mr. DURBIN. Mr. President, today Chicago. Water levels are falling, roads many of whom are veterans them- President Bush was in Texas to see are reopening and some folks are re- selves, are doing a great service for our firsthand the devastation from Hurri- turning home. But the recordbreaking Nation by allowing these veterans to cane Ike. Unfortunately, this is not the rains that evacuated thousands, left make this important trip. Second Lieu- first time, nor will it be the last time, four dead, closed roads and flooded tenant Enoch never got a chance to that Mother Nature has shown us her homes have left more than a water- visit the World War II Memorial. But it worst. My heart goes out to the mil- mark. As Des Plaines Mayor Tony was built for him, and his thousands of lions of displaced residents and evac- Arredia rightly pointed out, we still fellow soldiers. So I am glad that 63 uees who are anxious to return home, have cleaning up to do. I am com- years later, Honor Flight has recog- who are without power, who must de- mitted to making sure that Illinoisans nized his service. pend on others for food and water and do not face this task alone. For a long time, the Enoch family other necessities, and who face the f has felt not only the loss of Second Lieutenant Enoch, but also doubt long hard task of rebuilding their TRIBUTE TO SECOND LIEUTENANT about his final fate. I am pleased for homes and communities. HOWARD CLIFTON ENOCH, JR. We know a little of what that is like them that that doubt is over. They can in Illinois. In June, the Midwest was Mr. MCCONNELL. Mr. President, I take comfort that 2LT Howard Clifton hit by massive flooding, some of the rise today because after more than 60 Enoch, Jr. will lie among Arlington’s worst we have seen since the Great years, a Kentucky family has been re- heroes. And they can take pride that Flood of 1993. Experts called it a 200 to united with a father and grandfather this U.S. Senate honors his service and 500-year event. It left entire commu- they never knew. And an American his sacrifice. hero is coming home. nities underwater, broke levees, and f washed away roads, bridges, and mil- Second Lieutenant Howard Clifton REPORT ON THE TOMB OF THE lions of acres of cropland. The damage Enoch, Jr., U.S. Army Air Forces, was UNKNOWNS could have been worse, if Illinoisans last seen on March 19, 1945, when he had not worked so long and so hard to took off in his P–51D Mustang single- Mr. AKAKA. Mr. President, I am fill sandbags, fortify levees, and stand seat fighter plane for a mission over pleased to share a report with our col- their ground against the rising waters Germany. He crashed while engaging leagues, which I received last month of the Mississippi. enemy aircraft near the city of Leipzig. from the Departments of the Army and But sometimes weather-related disas- His remains could not be imme- Veterans Affairs. The report addresses ters strike with no warning and you diately recovered, and once Soviet the Army’s and VA’s plans for repair- don’t have time to prepare for the forces took over the part of that coun- ing and preserving the Tomb Monu- worst. Over the weekend my State was try that would become East Germany— ment at the Tomb of the Unknowns. As hit by the sixth major flooding event in including the area around Leipzig re- many of our colleagues may know and the last year alone when 3 days of rain covery became impossible for decades. appreciate, the Tomb is a national Howard Enoch III was born 3 months dumped more than 100 billion gallons of monument of great historical signifi- after his father’s plane crashed. He water on the city of Chicago—two or cance, especially to our Nation’s vet- grew up in Marion, KY, never knowing erans, located on the hallowed ground three times the normal amount. More his namesake. Now, thanks to the work of Arlington National Cemetery. than 7 inches of rain fell on the Chi- of some dedicated men and women in The Tomb Monument, which sits cago area on Saturday alone, setting a the Department of Defense, his father’s above the tombs for the unknowns new 1-day record at O’Hare. In the sub- remains have been identified. urbs, some of the worst flooding was A German researcher originally iden- from World War I, World War II, and along the Des Plaines River, which tified the crash site, and notified our the Korean conflict, has developed sev- crested at near-record levels, displaced Government. The Joint POW/MIA Ac- eral cracks along the natural faults in thousands of residents, and flooded counting Command, the arm of the De- the marble. For some time, there has hundreds of homes. partment of Defense charged with re- been discussion of possibly replacing On Monday I had a chance to see for covering the remains of our lost he- the original monument. However, prior myself the damage in Albany Park, a roes, sent a recovery crew to Germany. to taking this option, I wanted to en- neighborhood in Chicago that was one They used mitochondrial DNA analysis sure that at the very least decision- of the hardest hit areas. Thirty-ninth to identify the remains, and in 2007 makers considered options for pre- Ward Alderman Margaret Laurino ac- they contacted Howard Enoch III with serving, rather than replacing the companied me as I met with residents the astonishing news. monument. While I understand the like Aaron Gadiel, who waded through Howard Enoch III’s two young daugh- concerns about the cracks in the Tomb knee-high water in his fishing boots ters gained new insight into their Monument, I along with many others and searched his home to see if he grandfather. And the discovery brought believe that our national monuments could salvage clothing for his kids. I Howard in touch with a cousin he never are not diminished by signs of their want to commend the local and city of- knew, who had served alongside Second age. Many of our most treasured Amer- ficials I saw going door to door with Lieutenant Enoch in Europe in World ican symbols, from the Liberty Bell to pumps, checking to see if residents War II. the Star-Spangled Banner, are phys- needed help, and pitching in wherever Now Second Lieutenant Enoch will ically worn and weathered. This does they were needed. I especially want to be buried at Arlington National Ceme- not diminish their value or signifi- thank Terry O’Brien, president of the tery, alongside America’s greatest he- cance. I would argue that the same is Metropolitan Water Reclamation Dis- roes. And the Enoch family can know true for the Tomb of the Unknowns. trict, and Ray Orozco, executive direc- that after valiant service to his coun- It is our Nation’s tradition to pre- tor of Chicago’s Office of Emergency try, six decades later, a soldier will fi- serve our historic national symbols. We Management and Communications, nally rest in peace. I wish to offer my must protect them from the notion OEMC, for taking the time to show me deepest appreciation to Howard Enoch that they can be easily discarded or re- the extent of the flood damage. III for his father’s service and his fam- placed. With those concerns in mind, The same weather system that ily’s sacrifice on behalf of our country. my colleague from Virginia, Senator dumped billions of gallons of rain on Earlier this month, the Bluegrass WEBB, and I successfully added lan- Chicago also caused the Mississippi and Chapter of Honor Flight paid special guage requiring a report on plans for Illinois Rivers to swell in other parts of tribute to Second Lieutenant Enoch at the Tomb Monument to last year’s Na- Illinois. U.S. Army Corps officials are the World War II Memorial in our Na- tional Defense Authorization Act. The keeping a close eye on the system of tion’s Capital. Honor Flight is a non- joint report acknowledges that replace- levees and dams that protect these profit organization which transports ment of the Tomb Monument could communities to make sure that these World War II veterans from anywhere have a negative impact on the historic residents don’t experience a repeat of in the country to see the memorial, significance of the Tomb of the Un- the June floods. free of charge. knowns.

VerDate Mar 15 2010 22:10 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\2008SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 16, 2008 CONGRESSIONAL RECORD — SENATE S8839 I am pleased that the joint report to the presentation of this report for consid- REPORT ON ALTERNATIVE MEASURES TO AD- outlined several alternatives to replac- eration of the Congress. DRESS CRACKS IN THE MONUMENT AT THE ing the Tomb Monument. I urge the Very truly yours, TOMB OF THE UNKNOWNS AT ARLINGTON NA- Departments, in their respective capac- JOHN PAUL WOODLEY, JR., TIONAL CEMETERY, VIRGINIA Assistant Secretary of the Army (Civil Works). ities, to pursue the best means of pre- EXECUTIVE SUMMARY WILLIAM F. TUERK, serving the Tomb Monument for future Alternative measures are being explored to Under Secretary for Memorial Affairs, address cracks in the Tomb of the Unknowns generations of veterans and Americans. Department of Veterans Affairs. Monument at Arlington National Cemetery While the Departments may have to (ANC). The Tomb Monument is the four- consider partial or full replacement of DEPARTMENT OF THE ARMY, OFFICE piece marble object located over the vault the Tomb Monument at some future OF THE ASSISTANT SECRETARY, containing the remains of the World War I date, at this time there are still a num- CIVIL WORKS, Unknown, and is a component of the Tomb of ber of other options which should be Washington, DC, August 11, 2008. the Unknowns. Section 2873 of the National pursued. Hon. NANCY PELOSI, Defense Authorization Act for Fiscal Year 2008, Public Law 110–181 (Act), directed the Mr. President, I ask unanimous con- Speaker, House of Representatives, U.S. Capitol, Washington, DC. Secretary of the Army and the Secretary of sent that letters and the Executive Veterans Affairs to submit a joint report to Summary of the report be printed in DEAR MADAM SPEAKER: In accordance with Congress on plans to address the cracks with Section 2873 of the National Defense Author- the RECORD. respect to (1) replacing the Monument and ization Act for Fiscal Year 2008, enclosed is its disposal, if it were removed; (2) an assess- There being no objection, the mate- a report on alternative measures to address ment of the feasibility and advisability of re- rial was ordered to be printed in the 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 (ANC). The report contains information DEPARTMENT OF THE ARMY, OFFICE maintain and preserve the Monument; (4) an about the monument in response to the pro- OF THE ASSISTANT SECRETARY, explanation of why no attempt has been made since 1989 to repair it; (5) comprehen- CIVIL WORKS, visions in subsection 2873 (a) with respect to Washington, DC, August 11, 2008. (1) plans considered for replacement and dis- sive estimates of the cost of replacement and the cost of repair; and (6) an assessment of Hon. RICHARD B. CHENEY, posal; (2) the feasibility and advisability of President of the Senate, repair; (3) current maintenance and preserva- its structural integrity. In 1963, ANC initiated a program of moni- U.S. Capitol, Washington, DC. tion efforts; (4) an explanation of why no repair attempt has been made since 1989; (5) toring and investigation of the Monument in DEAR MR. PRESIDENT: In accordance with comprehensive cost estimates for replace- response to the development of two parallel Section 2873 of the National Defense Author- cracks in its main block. The cracks, which ization Act for Fiscal Year 2008, enclosed is ment and repair; and (6) assessment of its structural integrity. now measure nearly 48 feet in combined a report on alternative measures to address length, appear on all four sides of the Monu- cracks in the monument at the Tomb of the Options for addressing the cracks are de- ment and extend almost entirely through the Unknowns at Arlington National Cemetery scribed in the report. A decision on a final block. According to stone conservation ex- (ANC). The report contains information course of action will not be made until our perts, the cracks are not compromising the about the monument in response to the pro- responsibilities are fulfilled under Section structural integrity of the stone and are revisions in subsection 2873(a) with respect to 106 of the National Historic Preservation Act pairable. ANC repaired the cracks twice, (1) plans considered for replacement and dis- and the National Environmental Policy Act. once in 1975, and again in 1989, and is now in posal; (2) the feasibility and advisability of Also, subsection 2873(b) states that ‘‘[t]he the process of initiating another repair of repair; (3) current maintenance and preserva- Secretary of the Army and the Secretary of the Monument. The results of studies and tion efforts; (4) an explanation of why no re- Veterans Affairs may not take any action to monitoring of the Monument over the past pair attempt has been made since 1989; (5) replace the monument at the Tomb of the four decades confirm that, despite repairs, comprehensive cost estimates for replace- Unknowns at Arlington National Cemetery, the cracks continue to lengthen and widen, ment and repair; and (6) assessment of its Virginia, until 180 days after the date of the which is perhaps a natural phenomenon of structural integrity. receipt by Congress of the report required by the material. Since 1990, a third crack has Options for addressing the cracks are de- subsection (a).’’ According to subsection become visible, whose origins are uncertain. scribed in the report. A decision on a final 2873(c), the limitation in subsection 2873(b) The Monument can be repaired again, but its course of action will not be made until our does not prevent undertaking repair of the condition will continue to deteriorate. Al- responsibilities are fulfilled under Section monument or acquiring marble for the re- though it is not known when the Monument will reach the point of being beyond repair, 106 of the National Historic Preservation Act pair, subject to the availability of appropria- the natural aging process that weathers and and the National Environmental Policy Act. tions. Accordingly, while long-term options cracks outdoor marble makes it likely that Also, subsection 2873(b) states that ‘‘[t]he continue to be explored, experts in the field it will need to be replaced at some point in Secretary of the Army and the Secretary of of marble maintenance and conservation are Veterans Affairs may not take any action to the future. The cracking and minor erosion being consulted to assist ANC in the develop- of the Monument have led ANC to consider replace the monument at the Tomb of the ment and implementation of a maintenance Unknowns at Arlington National Cemetery, various treatment options, including repair- and repair plan to ensure that the existing ing the cracks, obtaining and stockpiling Virginia, until 180 days after the date of the marble is appropriately protected. receipt by Congress of the report required by marble for future replacement of the monu- subsection (a).’’ According to subsection In accordance with a 2004 Memorandum of ment, and the immediate replacement of its 2873(c), the limitation in subsection 2873(b) Understanding between the Department of cap, die block, and base. The impetus to consider various treatment does not prevent undertaking repair of the the Army and the Department of Veterans options for the Monument is the culmination monument or acquiring marble for the re- Affairs (VA), the role of VA is limited to proof over 40 years of deliberation, starting with pair, subject to the availability of appropria- curement, transportation, and sculpting of a the first report on the cracks in the early tions. Accordingly, while long-term options replacement for the base, main die block, 1960s, and continuing through the two pre- continue to be explored, experts in the field and cap of the Tomb Monument, should ANC vious repairs. In evaluating whether to con- of marble maintenance and conservation are determine that replacement is required. VA tinue to maintain and repair the Monument being consulted to assist ANC in the develop- has no role in determining whether the or replace it, ANC is giving full consider- ment and implementation of a maintenance Monument should be replaced, or in its ation to its historic significance. ANC recog- and repair plan to ensure that the existing maintenance and repair. nizes the associative qualities that link the marble is appropriately protected. The Office of Management and Budget ad- Monument to World War I and its veterans. In accordance with a 2004 Memorandum of vises that, from the standpoint of the Ad- ANC also realizes that the Tomb of the Un- Understanding between the Department of ministration’s program, there is no objection knowns has come to memorialize all of the the Army and the Department of Veterans to the presentation of this report for consid- service men and women that have sacrificed Affairs (VA), the role of VA is limited to pro- eration of the Congress. their lives for this country in subsequent curement, transportation, and sculpting of a Very truly yours, military conflicts that continue today. In replacement for the base, main die block, JOHN PAUL WOODLEY, JR., this regard, the Tomb of the Unknowns has and cap of the Tomb Monument, should ANC Assistant Secretary significance, beyond its historic significance, determine that replacement is required. VA of the Army (Civil that transcends the past and present to the has no role in determining whether the Works). future. As its steward, ANC is responsible to Monument should be replaced, or in its WILLIAM F. TUERK, do what it can to ensure that the Monument maintenance and repair. Under Secretary for stands, as unflawed and perfect as possible, The Office of Management and Budget ad- Memorial Affairs, in honor of the sacrifices that it represents. vises that, from the standpoint of the Ad- Department of Vet- To preserve the solemn dignity of the ministration’s program, there is no objection erans Affairs. Monument for those that it honors and for

VerDate Mar 15 2010 22:10 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\2008SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8840 CONGRESSIONAL RECORD — SENATE September 16, 2008 future generations of Americans, ANC is con- I. Purpose and Summary of the Legislation With this rule of construction and relevant sidering alternative actions that could be II. Background and Need for Legislation purpose language, the bill rejects the Su- taken. Repair of the Monument is a viable III. Legislative History and Committee Ac- preme Court’s holding in Toyota v. Williams alternative, as verified by experts in the tion that the terms ‘‘substantially’’ and ‘‘major’’ field of stone conservation. Replacement is IV. Explanation of the Bill and Committee in the definition of disability must be ‘‘be in- another alternative under consideration, due Views terpreted strictly to create a demanding to the uncertainty of obtaining suitable mar- V. Application of the Law to the Legisla- standard for qualifying as disabled,’’4 as well ble in the future. Only marble with specific tive Branch as the Court’s interpretation that ‘‘substan- qualities can be used for replacement, so the VI. Regulatory Impact Statement tially limits’’ means ‘‘prevents or severely current and future existence and availability VII. Section-by-Section Analysis restricts.’’5 of such marble is of concern. Suitable marble I. PURPOSE AND SUMMARY OF THE Third, the bill prohibits consideration of is available today, but may not be in the fu- LEGISLATION mitigating measures such as medication, as- ture, and there will never be a greater quan- The purpose of S. 3406, the ‘‘ADA Amend- sistive technology, accommodations, or tity of suitable marble in the future than ments Act of 2008’’ is to clarify the intention modifications when determining whether an there is now. It is primarily for this reason and enhance the protections of the Ameri- impairment constitutes a disability. This that ANC is considering replacement of the cans with Disabilities Act of 1990, landmark provision and relevant purpose language re- Monument as one potential long-term solu- civil rights legislation that provided ‘‘a clear jects the Supreme Court’s holdings in Sutton tion. and comprehensive national mandate for the v. United Air Lines6 and its companion There is more information in this report elimination of discrimination on the basis of cases7 that mitigating measures must be on the potential replacement option than disability.’’ 1 In particular, the ADA Amend- considered.8 The bill also provides that im- there is for other options, because the re- ments Act amends the definition of dis- pairments that are episodic or in remission placement option is much more complex ability by providing clarification and in- are to be assessed in an active state. than the other options under consideration. struction about the terminology used in the Fourth, the bill provides new instruction Also, the potential replacement option has definition, by expanding the definition, and on what may constitute ‘‘major life activi- undergone the most scrutiny through the by rejecting several opinions of the United ties.’’ It provides a non-exhaustive list of Section 106 review process. The preponder- States Supreme Court that have had the ef- major life activities within the meaning of ance of information on replacement should fect of restricting the meaning and applica- the ADA. In addition, the bill expands the not be construed as favoring this option over tion of the definition of disability. category of major life activities to include the other options under consideration. S. 3406 is the product of an extensive bipar- In response to ANC’s request to provide a the operation of major bodily functions. tisan effort that included many hours of Tomb Monument replacement, the Depart- Fifth, the bill removes from the third ‘‘re- meetings and negotiation by legislative staff ment of Veterans Affairs (VA) entered into a garded as’’ prong of the disability definition as well as by stakeholders including the dis- Memorandum of Understanding (MOU) with the requirement that an individual dem- ability, business, and education commu- the Department of the Army in 2004 that out- onstrate that he or she has, or is perceived to nities. In addition, two hearings were held in lines respective responsibilities. VA will be have, an impairment that substantially lim- the Senate Health, Education, Labor, and responsible for the procurement, transpor- its a major life activity. Under the bill, Pensions Committee to explore the issues tation, and sculpting of a replacement for therefore, an individual can establish cov- addressed in this legislation. The goal has the base, main die block, and cap of the erage under the law by showing that he or been to achieve the ADA’s legislative objec- Tomb Monument when and if Army decides she has been subjected to an action prohib- tives in a way that maximizes bipartisan replacement is necessary. Both agencies ited under the Act because of an actual or consensus and minimizes unintended con- have compliance requirements under Section perceived physical or mental impairment. sequences. 106 of the National Historic Preservation Act Because the bill thus broadens application of This legislation amends the Americans and the National Environmental Policy Act this third prong of the disability definition, with Disabilities Act of 1990 by making the (NEPA). No decision on a final course of ac- entities covered by the ADA will not be re- changes identified below. tion will be made until both agencies fulfill quired to provide accommodations or to Aligning the construction of the Ameri- their respective responsibilities under both modify policies and procedures for individ- cans with Disabilities Act with Title VII of of these laws. uals who fall solely under the third prong. the Civil Rights Act of 1964, The bill amends Furthermore, subsection 2873(b) of the Act Such entities will, however, still be subject Title I of the ADA to provide that no covered states that ‘‘The Secretary of the Army and to discrimination claims. entity shall discriminate against a qualified the Secretary of Veterans Affairs may not individual ‘‘on the basis of disability.’’ Finally, the bill clarifies that the agencies take any action to replace the monument at The bill maintains the ADA’s inherently that currently issue regulations under the the Tomb of the Unknowns at Arlington Na- functional definition of disability as a phys- ADA have regulatory authority related to tional Cemetery, Virginia, until 180 days ical or mental impairment that substan- the definitions contained in Section 3. Con- after the date of receipt by Congress of the tially limits one or more life activities; a forming amendments to Section 7 of the Re- report required by subsection (a).’’ According record of such impairment; or being regarded habilitation Act of 1973 are intended to en- to subsection 2873(c), the limitation in sub- as having such an impairment. It clarifies sure harmony between federal civil rights section 2873(b) does not prevent the repair of and expands the definition’s meaning and ap- laws. the current Monument or the acquisition of plication in the following ways. blocks of marble. Accordingly, while long- II. BACKGROUND AND NEED FOR LEGISLATION First, the bill deletes two findings in the term options such as continued repair, pro- When Congress passed the ADA in 1990, it ADA which led the Supreme Court to unduly curement of replacement marble, and imme- adopted the functional definition of dis- restrict the meaning and application of the diate replacement continue to be explored, ability from the Section 504 of the Rehabili- definition of disability. These findings are ANC is working with experts in the field of tation Act of 1973,9 in part, because after 17 that there are ‘‘some 43,000,000 Americans marble maintenance and conservation to de- years of development through case law the have one or more physical or mental disabil- velop and implement a maintenance and re- requirements of the definition were well un- ities’’ and that ‘‘individuals with disabilities pair plan to ensure that the existing marble derstood. Within this framework, with its are a discrete and insular minority.’’ The is appropriately protected. ANC will take no generous and inclusive definition of dis- Court treated these findings as limitations action to acquire replacement blocks of mar- ability, courts treated the determination of on how it construed other provisions of the ble until after Section 106 and NEPA require- disability as a threshold issue but focused ADA. This conclusion had the effect of inter- ments are complete. primarily on whether unlawful discrimina- fering with previous judicial precedents tion had occurred. f holding that, like other civil rights statutes, the ADA must be construed broadly to effec- More recent Supreme Court decisions im- STATEMENT OF MANAGERS—S. posing a stricter standard for determining 3406 tuate its remedial purpose. Deleting these findings removes this barrier to construing disability had the effect of upsetting this Mr. HARKIN. Mr. President, I ask and applying the definition of disability balance. After the Court’s decisions in Sut- unanimous consent that this State- more generously. ton that impairments must be considered in ment of Managers to S. 3406 be re- Second, the bill affirmatively provides their mitigated state and in Toyota that there must be a demanding standard for printed in the RECORD with its that the definition of disability ‘‘shall be construed in favor of broad coverage of indi- qualifying as disabled, lower courts more endnotes. often found that an individual’s impairment There being no objection, the mate- viduals under this Act, to the maximum ex- 2 did not constitute a disability. As a result, rial was ordered to be printed in the tent permitted by the terms of this Act.’’ It retains the term ‘‘substantially limits’’ from in too many cases, courts would never reach RECORD, as follows: the original ADA definition but makes it the question whether discrimination had oc- STATEMENT OF THE MANAGERS TO ACCOMPANY clear that this is intended to be a less de- curred. S. 3406, THE AMERICANS WITH DISABILITIES manding standard than that enunciated by Thus, some 18 years later we are faced with ACT AMENDMENTS ACT OF 2008 the U.S. Supreme Court in Toyota Motor a situation in which physical or mental im- Contents: Manufacturing, Kentucky, Inc. v. Williams.3 pairments that would previously have been

VerDate Mar 15 2010 22:10 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\2008SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 16, 2008 CONGRESSIONAL RECORD — SENATE S8841 found to constitute disabilities are not con- ticipate to the fullest possible extent in all coverage of individuals sends a clear signal sidered disabilities under the Supreme facets of society, including the workplace. of our intent that the courts must interpret Court’s narrower standard. These can in- We acknowledge and applaud the substantial the definition of disability broadly rather clude individuals with impairments such as improvements in medical science and the than stringently. amputation, intellectual disabilities, epi- courageous efforts of individuals with dis- DEFINITION OF DISABILITY lepsy, multiple sclerosis, diabetes, muscular abilities to overcome the impact of those In the ADA of 1990, Congress sought to pro- dystrophy, and cancer. The resulting court disabilities, but in no way wish to exclude tect anyone who experiences discrimination decisions contribute to a legal environment them thereby from protection under the because of a current, past, or perceived dis- in which individuals must demonstrate an ADA. ability. Under the ADA, there are three inappropriately high degree of functional By retaining the essential elements of the prongs of the definition of disability, with limitation in order to be protected from dis- definition of disability including the key respect to an individual: term ‘‘substantially limits’’ we reaffirm that crimination under the ADA. (1) a physical or mental impairment that The ADA Amendments Act rejects the high not every individual with a physical or men- substantially limits one or more of the burden required in these cases and reiterates tal impairment is covered by the first prong major life activities of such individual; that Congress intends that the scope of the of the definition of disability in the ADA. An (2) a record of such an impairment; or Americans with Disabilities Act be broad impairment that does not substantially limit (3) being regarded as having such an im- and inclusive. It is the intent of the legisla- a major life activity is not a disability under pairment. tion to establish a degree of functional limi- this prong. That will not change after enact- This definition is of critical importance be- tation required for an impairment to con- ment of the ADA Amendments Act, nor will cause as a threshold issue it determines stitute a disability that is consistent with the necessity of making this determination whether an individual is covered by the what Congress originally intended, a degree on an individual basis. What will change is ADA. The ADA Amendments Act retains the that is lower than what the courts have con- the standard required for making this deter- definition of disability but further defines strued it to be. In addition, the bill provides mination. This bill lowers the standard for and clarifies three critical terms within the for application of this standard to a wider determining whether an impairment con- existing definition (‘‘substantially limits,’’ range of cases by expanding the category of stitute a disability and reaffirms the intent ‘‘major life activities,’’ ‘‘regarded as having major life activities. These steps, resulting of Congress that the definition of disability such impairment’’) and, under the rules of from extensive bipartisan negotiation and in the ADA is to be interpreted broadly and construction for the definition, adds several 10 discussion among legislators and stake- inclusively. standards that must be applied when consid- holders, are intended to provide for more FINDINGS AND PURPOSES ering the definition of disability. generous coverage and application of the Given the importance the Court has placed ADA’s prohibition on discrimination through Physical or mental impairment upon findings and purposes particularly in a framework that is more predictable, con- The bill does not provide a definition for civil rights statutes like the ADA, the ADA sistent, and workable for all entities subject the terms ‘‘physical impairment’’ or ‘‘mental Amendments Act contains a detailed Find- to responsibilities under the ADA. impairment.’’ The managers expect that the ings and Purposes section that the managers current regulatory definition of these terms, III. EXPLANATION OF THE BILL AND believe gives clear guidance to the courts as promulgated by agencies such as the U.S. MANAGER’S VIEWS and that they intend to be applied appro- Equal Employment Opportunity Commission OVERVIEW priately and consistently. As described (EEOC), the Department of Justice (DOJ) above, the legislation deletes two findings in The Americans with Disabilities Act of and the Department of Education Office of 1990 (‘‘the ADA’’) is a landmark statute that the ADA that have been interpreted by the Civil Rights (DOE OCR) will not change.13 has fundamentally changed the lives of many Supreme Court to require a narrow defini- millions of Americans with disabilities. The tion of disability. We continue to believe Substantially limits managers of this legislation were proud to be that individuals with disabilities ‘‘have been We do not believe that the courts have cor- leaders in that effort that was accomplished faced with restrictions and limitations, sub- rectly instituted the level of coverage we in- in a deliberative careful manner that al- jected to a history of purposeful unequal tended to establish with the term ‘‘substan- lowed for the development of a strong bipar- treatment, and relegated to a position of po- tially limits’’ in the ADA. In particular, we tisan coalition in both Houses of Congress litical powerlessness in our society, based on believe that the level of limitation, and the and the Administration of President George characteristics that are beyond the control intensity of focus, applied by the Supreme H. W. Bush and led to Senate passage with a of such individuals and resulting from Court in Toyota goes beyond what we believe definitive vote of 91–6. stereotypic assumptions not truly indicative is the appropriate standard to create cov- However, as discussed in more detail of the individual ability of such individuals erage under this law. below, a series of Court decisions have re- to participate in, and contribute to, soci- We have extensively deliberated with restricted the coverage and diminished the ety.’’11 gard to whether a new term, other than the civil rights protections of the ADA, espe- In addition to deleting the findings form- term ‘‘substantially limits’’ should be used cially in the workplace, by narrowing its def- ing the basis of the Sutton and Toyota deci- in this Act. For example, in its ADA Amend- inition of disability. As a result, lower court sions, the bill states explicitly its purpose to ments Act, H.R.3195, the House of Represent- cases have too often turned solely on the reject the holdings in those cases (and their atives attempted to accomplish this goal by question of whether the plaintiff is an indi- progeny), and to ensure broad coverage stating that the key phrase ‘‘substantially vidual with a disability rather than the mer- under the ADA. To be clear, the purposes limits’’ means ‘‘materially restricts’’ in its of discrimination claims, such as whether section conveys our intent to clarify not order to convey that Congress intended to adverse decisions were impermissibly made only that ‘‘substantially limits’’ should be depart from the strict and demanding stand- by the employer on the basis of disability, measured by a lower standard than that used ard applied by the Supreme Court in Sutton reasonable accommodations were denied in- in Toyota,12 but also that the definition of and Toyota.14 appropriately, or qualification standards disability should not be unduly used as a We have concluded that adopting a new, were unlawfully discriminatory. tool for excluding individuals from the undefined term that is subject to widely dis- The managers have introduced the ADA ADA’s protections. parate meanings is not the best way to Amendments Act of 2008 to restore the prop- The bill expresses the clear intent of Con- achieve the goal of ensuring consistent and er balance and application of the ADA by gress that the EEOC will revise its regula- appropriately broad coverage under this Act. clarifying and broadening the definition of tions that similarly improperly define the The resulting need for further judicial scru- disability, and to increase eligibility for the term ‘‘substantially limits’’ as ‘‘signifi- tiny and construction will not help move the protections of the ADA. It is our expectation cantly restricted’’; again, this sets too high focus from the threshold issue of disability that because this bill makes the definition of a standard. to the primary issue of discrimination. disability more generous, some people who The bill’s purposes also reject the Supreme We believe that a better way is to express were not covered before will now be covered. Court’s holding that mitigating measures our disapproval of Sutton and Toyota (along The strong bipartisan support for this legis- must be considered when determining wheth- with the current EEOC regulation) is to re- lation once again demonstrates the con- er an impairment constitutes a disability. tain the words ‘‘substantially limits,’’ but tinuing bipartisan commitment to pro- With the exception of ordinary eyeglasses clarify that it is not meant to be a demand- tecting the civil rights of individuals with and contact lenses, impairments must be ex- ing standard. In addition, we believe elimi- disabilities among members of the Senate amined in their unmitigated state. nating the source of the Supreme Court’s de- Committee on Health Education Labor and These purposes are specifically incor- cisions narrowing the definition and pro- Pensions and the Senate as a whole. porated into the statute by the rule of con- viding more appropriate findings and pur- The ADA Amendments Act renews our struction providing that the term ‘‘substan- poses for properly construing that definition commitment to ensuring that all Americans tially limits’’ shall be construed consistently will accomplish our goal without introducing with disabilities, including a new generation with the findings and purposes of the ADA novel statutory terms. of disabled veterans who are just beginning Amendments Act of 2008. This rule of con- We believe that the manner in which we to grapple with the challenge of living to struction, together with the rule of construc- understood the intended scope of ‘‘substan- their full potential despite the limitations tion providing that the definition of dis- tially limits’’ in 1990 continues to capture imposed by their disabilities, are able to par- ability shall be construed in favor of broad our sense of the appropriate level of coverage

VerDate Mar 15 2010 22:10 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\2008SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8842 CONGRESSIONAL RECORD — SENATE September 16, 2008 under this law for purposes of placing on em- condition, manner, or duration in which an unfounded concerns, mistaken beliefs, fears, ployers and other covered entities the obli- individual with a specific learning disability myths, or prejudice about disabilities are gation of providing reasonable accommoda- performs a major life activity, it is critical often just as disabling as actual impair- tions and modifications to individuals with to reject the assumption that an individual ments, and our corresponding desire to pro- impairments. As we described this in our who has performed well academically cannot hibit discrimination founded on such percep- committee report to the original ADA in be substantially limited in activities such as tions. In 1990 we relied extensively on the 1989: learning, reading, writing, thinking, or reasoning of School Board of Nassau County ‘‘A person is considered an individual with speaking. v. Arline18 that the negative reactions of a disability for purposes of the first prong of Rules of construction on the definition of dis- others are just as disabling as the actual im- the definition when [one or more of] the indi- ability pact of an impairment. This legislation re- vidual’s important life activities are re- The bill further clarifies the definition of states our reliance on the broad views enun- stricted as to the conditions, manner, or du- disability with a series of rules of construc- ciated in that decision and we believe that ration under which they can be performed in tion. As discussed elsewhere, the rules of courts should continue to rely on this stand- comparison to most people. A person who construction specifically require that the ard. can walk for 10 miles continuously is not definition of disability be interpreted broad- We intend and believe that the fact that an substantially limited in walking merely be- ly and that the term ‘‘substantially limits’’ individual was discriminated against because cause on the eleventh mile, he or she begins be interpreted consistent with this legisla- of a perceived or actual impairment is suffi- to experience pain because most people tion. This construction is also intended to cient. Thus, the bill clarifies that contrary would not be able to walk eleven miles with- reinforce the general rule that civil rights to Sutton, an individual who is ‘‘regarded as out experiencing some discomfort.’’ S. Rep. statutes must be broadly construed to having such an impairment’’ is not subject No. 101–116, at 23 (1989). achieve their remedial purpose. In addition, to a functional test. If an individual estab- We particularly believe that this test, the rules of construction provide that im- lishes that he or she was subjected to an ac- which articulated an analysis that consid- pairments that are episodic or in remission tion prohibited by the ADA because of an ac- ered whether a person’s activities are lim- be assessed in their active state for purposes tual or perceived impairment—whether the ited in condition, duration and manner, is a of determining coverage under the ADA. person actually has the impairment or useful one. We reiterate that using the cor- Mitigating measures whether the impairment constitutes a dis- rect standard—one that is lower than the The bill also prohibits consideration of the ability—then the individual will qualify for strict or demanding standard created by the ameliorative effects of mitigating measures protection under the Act. Supreme Court in Toyota—will make the when determining whether an individual’s This provision is subject to two important disability determination an appropriate impairment substantially limits major life limitations. First, individuals with impair- threshold issue but not an onerous burden activities, overturning the Supreme Court’s ments that are transitory and minor are ex- for those seeking accommodations or modi- decision in Sutton and its companion cases. cluded from eligibility for the protections of fications. At the same time, plaintiffs should This provision is intended to eliminate the the ADA under this prong of the definition, not be constrained from offering evidence situation created under current law in which and second, the bill relieves entities covered needed to establish that their impairment is impairments that are mitigated do not con- under the ADA from the obligation and re- 15 substantially limiting. stitute disabilities but are the basis for dis- sponsibility to provide reasonable accom- Thus, we believe that the term ‘‘substan- crimination. We expect that when such miti- modations and reasonable modifications to tially limits’’ as construed consistently with gating measures are ignored, some individ- an individual who qualifies for coverage the findings and purposes of this legislation uals previously found not disabled will now under the ADA solely by being ‘‘regarded as’’ establishes an appropriate functionality test be able to claim the ADA’s protection disabled. for determining whether an individual has a against discrimination. Transitory and minor disability. The legislation provides an illustrative but The bill contains an exception that clari- Major life activities non-comprehensive list of the types of miti- fies that coverage for individuals under the The bill provides significant new guidance gating measures that are not to be consid- ‘‘regarded as’’ prong is not available where and clarification on the subject of major life ered. This list also includes low vision dean individual’s impairment is both transi- activities. First, a rule of construction clari- vices, which are devices that magnify, en- tory (six months or less) and minor. Pro- fies that that an impairment need only sub- hance, or otherwise augment a visual image, viding this exception responds to concerns stantially limit one major life activity to be such as magnifiers, closed circuit television, raised by employer organizations and is rea- considered a disability under the ADA. This larger-print items, and instruments that pro- sonable under the ‘‘regarded as’’ prong of the responds to and corrects those courts that vide voice instructions. The absence of any definition because individuals seeking cov- have required individuals to show that an particular mitigating measure from this list erage under this prong need not meet the impairment substantially limits more than should not convey a negative implication as functional limitation requirement contained one life activity. It is additionally intended to whether the measure is a mitigating in the first two prongs of the definition. A to clarify that the ability to perform one or measure under the ADA. similar exception for the first two prongs of We also believe that an individual with an more particular tasks within a broad cat- the definition is unnecessary as the func- impairment that substantially limits a egory of activities does not preclude cov- tional limitation requirement already ex- 16 major life activity should not be penalized erage under the ADA. cludes claims by individuals with ailments when seeking protection under the ADA sim- For purposes of clarity, the bill provides an that are minor and short term. illustrative list of ‘‘major life activities’’ in- ply because he or she managed their own cluding activities such as caring for oneself, adaptive strategies or received accommoda- Accommodations performing manual tasks, seeing, hearing, tions (including informal or undocumented The bill establishes that entities covered eating, sleeping, walking, standing, lifting, ones) that have the effect of lessening the under the ADA do not need to provide rea- bending, speaking, breathing, learning, read- deleterious impacts of their disability. sonable accommodations under Title I or ing, concentrating, thinking, commu- The bill provides one exception to the rule modify policies, practices, or procedures nicating and working. In addition, for the on mitigating measures, specifying that or- under Titles II or III when an individual first time, the category of ‘‘major life activi- dinary eyeglasses and contact lenses are to qualifies for coverage under the ADA solely ties’’ is defined to include the operation of be considered in determining whether a per- by being ‘‘regarded as’’ having a disability major bodily functions, thus better address- son has a disability. The rationale behind under the third prong of the definition of dis- ing chronic impairments that can be sub- this exception is that the use of ordinary ability. stantially limiting. Major bodily functions eyeglasses or contact lenses, without more, Under current law, a number of courts include functions of the immune system, is not significant enough to warrant protec- have required employers to provide reason- normal cell growth, digestive, bowel, blad- tion under the ADA. Nevertheless, if an ap- able accommodations for individuals who are der, neurological, brain, respiratory, cir- plicant or employee is faced with a qualifica- covered solely under the ‘‘regarded as’’ culatory, endocrine and reproductive function standard that requires uncorrected vi- prong.19 In each of those cases, the plaintiffs tions.17 sion (as the sisters in the Sutton case were), were found not to be covered under the first Both the list of major life activities and an employer will be required to demonstrate prong of the definition of disability because major bodily functions are illustrative and that the qualification standard is job-related of the overly stringent manner in which the non-exhaustive, and the absence of a par- and consistent with business necessity. courts had been interpreting that prong. Be- ticular life activity or bodily function from Regarded as cause of our strong belief that accommo- the list does not create a negative implica- Under this bill, the third prong of the dis- dating individuals with disabilities is a key tion as to whether such activity or function ability definition will apply to impairments, goal of the ADA, some members continue to constitutes a ‘‘major life activity’’ under the not only to disabilities. As such, it does not have reservations about this provision. How- statute. require a functional test to determine ever, we believe it is an acceptable com- Finally, we also want to illuminate one whether an impairment substantially limits promise given our strong expectation that area which may be easily misunderstood, a major life activity. such individuals would now be covered under with respect to individuals with specific This section of the definition of disability the first prong of the definition, properly ap- learning disabilities. When considering the was meant to express our understanding that plied.

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DISCRIMINATION ON THE BASIS OF DISABILITY clarifications embodied in the ADA Amend- Pensions Committee cosponsored the legisla- The bill amends Section 102 of the ADA to ments Act, including the addition of major tion along with Senator Ted Stevens. The mirror the structure of nondiscrimination bodily functions as major life activities and bill was referred to the Senate Health, Edu- protection provision in Title VII of the Civil the broadening of the ‘‘regarded as’’ prong. cation, Labor, and Pensions Committee. Rights Act of 1964. It changes the language We also expect that the Equal Employment Similarly, on July 26, 2007, Representatives from prohibiting discrimination against a Opportunity Commission (EEOC) will revise Steny H. Hoyer (D–MD) and F. James Sen- qualified individual ‘‘with a disability be- the portion of its ADA regulations that de- senbrenner (R–WI) introduced H.R. 3195, the cause of the disability of such individual’’ to fines ‘‘substantially limits’’ as ‘‘unable to ADA Restoration Act of 2007, with 144 origi- prohibiting discrimination against a quali- perform a major life activity. . . . or signifi- nal cosponsors. The bill was referred to the fied individual ‘‘on the basis of disability.’’ cantly restricted as to . . . particular major House Committees on Education and Labor, This ensures that the emphasis in questions life activity. . . .’’ given the clear inconsist- Judiciary, Transportation and Infrastruc- of disability discrimination is properly on ency of that portion of the regulation with ture, and Energy and Commerce. the critical inquiry of whether a qualified the intent of this legislation. On October 4, 2007, the House Judiciary Committee held a hearing on H.R. 3195. Six person has been discriminated against on the CONFORMING AMENDMENT witnesses appeared before the committee: basis of disability, and not unduly focused on The bill ensures that the definition of dis- the preliminary question of whether a par- Honorable Steny Hoyer (D–MD), House Ma- ability in Section 7 of the Rehabilitation Act jority Leader; Cheryl Sensenbrenner, Chair ticular person is a ‘‘person with a dis- of 1973, which shares the same definition, is ability.’’ of the Board, American Association of Peo- consistent with the ADA. The Rehabilitation ple with Disabilities; Stephen Orr, Phar- RULES OF CONSTRUCTION Act of 1973 preceded the ADA in providing macist (Plaintiff in Orr v. Wal-Mart); Mi- Benefits under state worker’s compensation civil rights protections to individuals with chael Collins, Executive Director, National laws disabilities, and in drafting the definition of Council on Disability; Lawrence Lorber, At- disability in the ADA, the authors relied on The bill provides that nothing in the Act torney, on behalf of the U.S. Chamber of the statute and implementing regulations of alters the standards for determining eligi- Commerce; Chai Feldblum, Director, Federal the Rehabilitation Act. Maintaining uniform bility for benefits under State worker’s com- Legislation Clinic and Professor of Law, definitions in the two federal statutes is im- pensation laws or other Federal or State dis- Georgetown Law Center. portant so that such entities will generally ability benefit programs. On November 15, 2007, the Senate HELP operate under one consistent standard, and Fundamental alteration Committee held a hearing chaired by Sen- the civil rights of individuals with disabil- ator Tom Harkin, ‘‘Restoring Congressional The bill reiterates that no changes are ities will be protected in all settings. The Intent and Protections under the Americans being made to the underlying ADA provision ADA, under Title II and Title III, and Sec- with Disabilities Act.’’ Five witnesses ap- that no accommodations or modifications in tion 504 of the Rehabilitation Act provide peared before the committee: John D. Kemp, policies are required when a covered entity overlapping coverage for many entities, in- President, United States International Coun- can demonstrate that making such modifica- cluding public schools, institutions of higher cil on Disabilities; Dick Thornburgh, Former tions would fundamentally alter the nature education, childcare facilities, and other en- United States Attorney General and Counsel, of the service being provided. This provision tities receiving federal funds. Kirkpatrick & Lockhart; Stephen Orr, Phar- was included at the request of the higher We expect that the Secretary of Education macist (Plaintiff in Orr v. Wal-Mart), education community and specifically in- will promulgate new regulations related to Camille Olson, Labor and Employment At- cludes ‘‘academic requirements in postsec- the definition of disability to be consistent torney, Seyfarth & Shaw; Chai Feldblum, Di- ondary education’’ among the types of poli- with those issued by the Attorney General rector, Federal Legislation Clinic and Pro- cies, practices, and procedures that may be under this Act. We believe that other current fessor of Law, Georgetown Law Center. shown to be fundamentally altered by the re- regulations issued by the Department of On January 29, 2008, the House Committee quested modification or accommodation to Education Office of Civil Rights under Sec- on Education and Labor held a hearing on reaffirm current law. It is included solely to tion 504 of the Rehabilitation Act are cur- H.R. 3195. Five witnesses appeared before the provide assurances that the bill does not rently harmonious with Congressional intent committee: Honorable Steny Hoyer (D–MD), alter current law with regard to the obliga- under both the ADA and the Rehabilitation House Majority Leader; Andrew Imparato, tions of academic institutions under the Act. President and CEO, American Association of ADA, which we believe is already dem- CONCLUSION People with Disabilities; Carey McClure, onstrated in case law on this topic. Specifi- We intend that that the sum of these Electrician (Plaintiff in McClure v. General cally, the reference to academic standards in changes will make the threshold definition Motors); Robert L. Burgdorf, Professor of postsecondary education is unrelated to the of disability in the ADA—under which indi- Law, University of the District of Columbia; purpose of this legislation and should be viduals qualify for protection from discrimi- David K. Fram, Director, ADA & EEO Serv- given no meaning in interpreting the defini- nation—more generous, and will result in the ices, National Employment Law Institute. tion of disability. coverage of some individuals who were pre- On June 18, 2008, the House Committee on Claims of no disability viously excluded from those protections. Education and Labor held a markup to con- The bill prohibits reverse discrimination We note that with the changes made by the sider H.R. 3195. An amendment was offered as claims by disallowing claims based on the ADA Amendments Act, courts will have to a substitute to the original bill, and it was lack of disability, (e.g., a claim by someone address whether an impairment constitutes a reported out of the Committee by a vote of without a disability that someone with a dis- disability under the first and second, but not 43 to 1. ability was treated more favorably by, for the third, prong of the definition of dis- On June 18, 2008, the Committee on the Ju- example, being granted a reasonable accom- ability. The functional limitation imposed diciary held a markup to consider H.R. 3195. modation or modification to services or pro- by an impairment is irrelevant to the third An amendment was offered as a substitute to grams). Our intent is to clarify that a person ‘‘regarded as’’ prong. the original bill, and it was reported out of without a disability does not have the right In general, individuals may find it easier the Committee by a vote of 27 to 0. under the Act to bring an action against an to establish disability under this bill’s more On June 25, 2008 the United States House of entity on the grounds that he or she was dis- generous standard than under the Supreme Representatives held a vote on H.R. 3195 and criminated against ‘‘on the basis of dis- Court’s demanding standard. To repeat, we passed the legislation by a vote of 402–17. On July 15, 2008, the Senate HELP Com- ability’’ (i.e., on the basis of not having a intend this bill to return the legal analysis mittee held a Roundtable: ‘‘H.R. 3195 and De- disability). to the balance that existed before the Su- termining the Proper Scope of Coverage for preme Court’s Sutton and Toyota decisions. REGULATORY AUTHORITY the Americans with Disabilities Act.’’ Eight The determination of disability is a nec- In Sutton, the Supreme Court stated that individuals gave testimony before the com- essary threshold issue in many cases, but an ‘‘[n]o agency . . . has been given authority mittee: Samuel R. Bagenstos, Professor of appropriately generous standard on that to issue regulations implementing the gen- Law, Washington University School of Law; issue will allow courts to focus primarily on erally applicable provisions of the ADA Carey McClure, Electrician (Plaintiff in whether discrimination has occurred or ac- which fall outside Titles I–V.’’ 20 The bill McClure v. General Motors); JoAnne Simon, commodations improperly refused.21 clarifies that the authority to issue regula- Disability Rights Attorney; Sue Gamm, Ele- tions is granted to the Equal Employment IV. LEGISLATIVE HISTORY AND COMMITTEE mentary and Secondary Education Consult- Opportunity Commission, the Attorney Gen- ACTION ant; Terry Hartle, Senior Vice President, eral, and the Secretary of Transportation Prior to introduction of the ADA Amend- American Council on Education; Chai and specifically includes the authority to ments Act of 2008 on July 31, 2008 with 55 Feldblum, Professor, Federal Legislation issue regulations implementing the defini- original cosponsors the following actions oc- Clinic, Georgetown University Law Center, tion of disability as amended and clarified by curred in the 110th Congress. Washington, DC; Michael Eastman, Execu- this legislation. On July 26, 2007, Senator Tom Harkin in- tive Director of Labor Policy, U.S. Chamber We anticipate that the agencies charged troduced S. 1881, the ADA Restoration Act of of Commerce; Andrew Grossman, Senior with regulatory authority under the ADA 2007 together with Senator Arlen Specter. Legal Policy Analyst, Heritage Foundation. will make any necessary modifications to Senator Edward Kennedy, the Chairman of On July 31, 2008 Senators Tom Harkin and their regulations to reflect the changes and the Senate Heath, Education, Labor, and Orrin Hatch introduced S. 3406, The ADA

VerDate Mar 15 2010 22:10 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\2008SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8844 CONGRESSIONAL RECORD — SENATE September 16, 2008 Amendments Act of 2008. The bill was placed I of the ADA ‘‘on the basis of disability’’ lieve that such terms encourage the courts on the Senate calendar (under general or- rather than ‘‘against a qualified individual to engage in an inappropriate level of scru- ders/pursuant to Rule XVI?). with a disability because of the disability of tiny as to the severity of an impairment V. APPLICATION OF THE LAW TO THE such individual.’’ Clarifies that covered enti- when determining whether an individual has LEGISLATIVE BRANCH ties that use qualification standards based a disability. on uncorrected vision must show that such a 15. Under the first prong, of course, a plain- Section 102(b)(3) of Public Law 104–1, the requirement is job-related and consistent tiff must still provide evidence that that his Congressional Accountability Act (CAA), re- with business necessity. or her impairment is substantially limiting. quires a description of the application of this Sec. 6. Rules of Construction. Provides 16. See Holt v. Grand Lake Mental Health bill to the legislative branch. S. 3604 does not that nothing in this Act alters the standards Center, Inc., 443 F. 3d 762 (10th Cir. 2006) hold- amend any act that applies to the legislative for determining eligibility for benefits under ing an individual with cerebral palsy who branch. State worker’s compensation laws or other could not independently perform certain VI. REGULATORY IMPACT STATEMENT disability benefit programs. Prohibits re- specified manual tasks was not substantially limited in her ability to perform a ‘‘broad The managers have determined that the verse discrimination claims by disallowing bill may result in some additional paper- range’’ of manual tasks. claims based on the lack of disability. Pro- 17. We expect that this illustrative list of work, time, and costs to the Equal Employ- vides that nothing in this Act alters the pro- major life activities (including major bodily ment Opportunity Commission, which would vision in Title III that a modification of poli- functions), in combination with the rejection be entrusted with implementation and en- cies or practices is not required if it fun- of both the ‘‘demanding standard’’ in Toyota forcement of the act. It is difficult to esti- damentally alters the nature of the service and the consideration of mitigating measure mate the volume of additional paperwork ne- being provided. Establishes that entities cov- in the Sutton trilogy will make it easier for cessity by the bill, but the committee does ered under all three titles of the ADA are not individuals to show that they are eligible for not believe it will be significant. Pursuant to required to provide reasonable accommoda- the ADA’s protections under the first prong the requirements of paragraph 11(b) of rule tions or modifications to an individual who of the definition of disability. While it is im- XXVI of the Standing Rules of the Senate, meets the definition of disability only as a possible to predict the type of cases that will the committee has determined that the bill person ‘‘regarded as having such an impair- be brought following passage of this bill, we will not have a significant regulatory im- ment.’’ Authorizes the EEOC, Attorney Gen- would expect that the bill will make it easier pact. eral, and the Secretary of Transportation to for individuals in cases like the following to VII. SECTION-BY-SECTION ANALYSIS promulgate regulations implementing the qualify for the protections of the ADA— Sec. 1. Short Title. This Act may be cited definition of disability and rules of construc- Littleton v. Wal-Mart Stores, Inc, 231 Fed. as the ‘‘ADA Amendments Act of 2008.’’ tion related to the definition. Appx. 874 (11th Cir. 2007) (individual with in- Sec. 2. Findings and Purposes. Acknowl- Sec. 7. Conforming Amendments. Amends tellectual disability); Furnish v. SVI Syst., edges Congressional intent of the Americans Section 7 of the Rehabilitation Act of 1973 to Inc., 270 F. 3d 445, 450 (7th Cir. 2001) (person with Disabilities Act of 1990 (ADA) to ‘‘pro- cross-reference the definition of disability with cirrhosis of the liver caused by Hepa- vide a clear and comprehensive national under the ADA. titis B); and Pimental v. Dartmouth-Hitchcock mandate for the elimination of discrimina- Sec. 8. Effective date. Amendments made Clinic, 236 F. Supp. 2d 177 (D.N.H. 2002) (individual with advanced breast cancer). tion against individuals with disabilities’’ by the Act take effect January 1, 2009. September 11, 2008. 18. 480 U.S. 273(1987). and to provide broad coverage, and that the 19. The following courts have held that the U.S. Supreme Court subsequently erro- TOM HARKIN, U.S. Senator. ADA requires that reasonable accommoda- neously narrowed the definition of disability tions be provided to individuals who are able in a series of cases. The purposes of the Act ORRIN HATCH, U.S. Senator. to establish coverage under the ADA under are to reinstate a broad scope of protection the ‘‘regarded as’’ prong of the definition of to be available under the ADA, to reject sev- ENDNOTES disability: Kelly v. Metallics West, Inc., 410 eral Supreme Court decisions, and to re-es- 1. 42 U.S.C. § 12101. F.3d 670 (10th Cir. 2005) (plaintiff needed oxy- tablish original Congressional intent related 2. This rule of construction is consistent gen device to breathe); D’Angelo v. ConAgra to the definition of disability. with earlier judicial precedents and parallels Foods, Inc., 422 F.3d 1220 (11th Cir. 2005) Sec. 3. Codified Findings. Amends one find- the rule of construction in the Religious (plaintiff had vertigo resulting in spinning ing in the ADA to acknowledge that many Land Use and Institutionalized Persons Act, and vomiting); Williams v. Philadelphia Hous- people with physical or mental impairments which Congress unanimously passed in 2002. ing Auth. Police Dept., 380 F.3d 751 (3d Cir. have been subjected to discrimination, and 3. Toyota Motor Manufacturing, Kentucky, 2004) (plaintiff had major depressive dis- strikes one finding related to describing the Inc. v. Williams, 534 U.S. 184 (2002). order); Lorinz v. Turner Const. Co., 2004 WL population of individuals with disabilities as 4. Id. at 197. 1196699, * 8 n.7 (E.D.N.Y. May 25, 2004) (plain- ‘‘a discrete and insular minority.’’ 5. Id. at 198. See also, 29 CFR 1630.2. tiff had depressive disorder and anxiety); Mil- Sec. 4. Disability Defined and Rules of Con- 6. Sutton v. United Airlines, 527 U.S. 471 ler v. Heritage Prod., Inc., 2004 WL 1087370, * 10 struction. Amends the definition of ‘‘dis- (1999). (S.D. Ind. Apr. 21, 2004) (plaintiff had back inability’’ and provides rules of construction 7. Murphy v. United Parcel Service, Inc., 527 jury and could not lift more than 20 pounds, for applying the definition. The term ‘‘dis- U.S. 516 (1999), Albertson’s, Inc. v. Kirkingburg, bend or twist); Jacques v. DiMarzio, Inc., 200 ability’’ is defined to mean, with respect to 527 U.S. 555 (1999). F. Supp.2d 151 (E.D.N.Y. 2002) (plaintiff had an individual, a physical or mental impair- 8. Ordinary eyeglasses and contact lenses bipolar disorder); Jewell v. Reid’s Confec- ment that substantially limits one or more are excluded from this prohibition. tionary Co., 172 F. Supp.2d 212 (D. Me. 2001) major life activities, a record of such impair- 9. 29 U.S.C. § 794. Sections 501 and 503 of the (plaintiff had heart attack); Katz v. City ment, or being regarded as having such an Rehabilitation Act also use the same defini- Metal Co., Inc., 87 F.3d 26, 33 (1st Cir. 1996) impairment.; provides an illustrative list of tion of disability and prohibit disability dis- (plaintiff had heart attack). Some courts ‘major life activities’ including major bodily crimination by federal employees and federal have held that reasonable accommodations functions; and defines ‘regarded as having contractors, respectively. 29 U.S.C. §§ 791, 793. need not be provided to an employee who is such an impairment’ as protecting individ- Note that the definition of disability is found merely regarded or perceived as disabled. See uals who have been subject to an action pro- in Section 705(20)(B). Kaplan v. City of N. Las Vegas, 323 F.3d 1226, hibited under the ADA because of an actual 10. This bill does not change any current 1231–33 (9th Cir. 2003); Weber v. Strippit, Inc., or perceived impairment, whether or not the statutory requirement that an individual 186 F.3d 907, 916–17 (8th Cir. 1999); Workman v. impairment is perceived to limit a major life must be qualified to perform the essential Frito-Lay, Inc., 165 F.3d 460, 467 (6th Cir. 1999); activity. Requires the definition of disability functions of the job. Newberry v. E. Texas State Univ., 161 F.3d 276, to be construed broadly and consistent with 11. 42 U.S.C. 12101. 280 (5th Cir. 1998). Cf. Brady v. Wal-Mart the findings and purposes. Provides rules of 12. The bill’s purposes include rejecting the Stores Inc. et al, No. 06–5486–cv (2nd Cir. July construction regarding the definition of dis- holding in Toyota that in order for an impair- 2, 2008) (accommodations available under ei- ability, requiring that impairments need ment to be substantially limiting, the im- ther first or third prong). only limit one major life activity; clarifying pairment must ‘‘prevent or severely restrict 20. 527 U.S. at 479 (1999). 21. For example, an individual with diabe- an impairment that is episodic or in remis- the individual from doing activities that are tes might demonstrate coverage by showing sion is a disability if it would substantially of central importance to most people’s either that he was substantially limited in limit a major life activity when active; and lives.’’ endocrine functioning or that his diabetes prohibiting the consideration of the amelio- 13. 28 CFR § 36.104; 29 CFR § 1630.2(h) (1)–(2); substantially limited a major life activity, rative effects of mitigating measures such as 34 CFR § 104.3(j)(2)(i). such as eating or sleeping. medication, learned behavioral modifica- 14. We have chosen not to adopt the tions, or auxiliary aids or services, in deter- House’s term ‘‘materially restricts’’ or the f mining whether an impairment is substan- House Committees’ use of a range or spec- IDAHOANS SPEAK OUT ON HIGH tially limiting, while excluding ordinary trum of severity to define ‘‘materially re- ENERGY PRICES eyeglasses and contact lenses. stricts’’ because we are concerned both by Sec. 5. Discrimination on the Basis of Dis- the lack of clarity in the terms ‘‘material’’ Mr. CRAPO. Mr. President, in mid- ability. Prohibits discrimination under Title ‘‘moderate’’ and ‘‘severe’’ and because we be- June, I asked Idahoans to share with

VerDate Mar 15 2010 22:10 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\2008SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 16, 2008 CONGRESSIONAL RECORD — SENATE S8845 me how high energy prices are affect- to develop oil shale fields that are located credits in places like the Midwest. You are ing their lives, and they responded by under Utah, Colorado and Wyoming. I sup- probably aware that there have been signifi- the hundreds. The stories, numbering port this and hope that you will uphold these cant floods in the Midwest. You are probably over 1,000, are heartbreaking and efforts if corresponding legislation reaches aware that this is expected to affect the cost the Senate. I also support conservation in- of food and fuel adversely. This will result in touching. To respect their efforts, I am centives that would encourage companies to the same type of economic pain as the cur- submitting every e-mail sent to me come up with more environmentally friendly rent ‘‘Gas Crisis’’. The fund might be an through [email protected]. methods of developing these resources. ‘‘Economic Crisis’’ fund. I have little doubt gov to the CONGRESSIONAL RECORD. I support expanding our use of nuclear en- that there are many other economic crises This is not an issue that will be easily ergy. My understanding is that the popular that will occur. resolved, but it is one that deserves im- fears of nuclear power plants are largely The engine of America is in need of main- mediate and serious attention, and Ida- based on myth. And most of the ‘‘waste’’ pro- tenance. This maintenance is needed at the duced is either relatively benign, or can be hoans deserve to be heard. Their sto- individual level. The Economic Crisis fund recycled or reused. If federal regulations can provide for maintenance, and some im- ries not only detail their struggles to were changed so that all radioactive byprod- provements. Once the engine of America meet everyday expenses, but also have ucts did not have to be shipped to a nuclear stops running, the entire world is going to suggestions and recommendations as to waste repository, we would have plenty of see some real economic pain. Some of the what Congress can do now to tackle space in places like Yucca Mountain. Appar- most short sighted world leaders will trans- this problem and find solutions that ently, only 2% of byproducts from nuclear fer this economic pain into other kinds of last beyond today. I ask unanimous reactors really need to be taken to such fa- pain. Somebody else will be blamed and pu- cilities. As an aside, France produces 80% of consent to have today’s letters printed nitive action started. its electricity from nuclear power. What in Here is another consideration. Some say in the RECORD. the world is holding us back from building that the cost of gas is based on speculation. There being no objection, the mate- more nuclear power plants? If this is true, a disincentive can easily be rial was ordered to be printed in the Please do whatever you can to bring about added to dampen speculative zeal in the form RECORD, as follows: changes at the federal level so that the pri- of capital gains taxes. There are long and Thank you for requesting my input on the vate sector can go to work developing tech- short term capital gains. Let us add another energy crisis. I found out several years ago nologies and resources to solve our growing class that would penalize speculation. Ex- that energy prices were going to skyrocket energy problems. I agree that we are ‘‘too de- tend long term capital gains taxes to five due to the imminent peaking of oil produc- pendent on petroleum,’’ and that we are ‘‘far years. This will allow reasoned investments. tion (and natural gas) worldwide. I read too dependent on foreign sources of that pe- Keep the tax rate on these low. Speculators every book on the subject of the coming en- troleum.’’ We must move forward in availing are usually short term. Raise the tax rate on ergy crisis such as ‘‘Twilight in the Desert’’, ourselves of the resources we have. We the speculation profits. No doubt there will ‘‘The Party’s Over’’, ‘‘The Long Emergency’’, should do so in an environmentally conscien- be howls, but then there will be an adjust- ‘‘Big Coal’’, ‘‘Powerdown’’, and probably 15 tious manner, yes, but we must move for- ment, and the overall effect could be that others. I read most every relevant news ward. market manipulation is discouraged while story as collected by www.energybulletin Sincerely, prudent or targeted investment is encour- .net. BLAKE, Hamer. aged. The tax code would also need to be I have heard the pleas from Al Gore, Bill amended. A few years ago I needed to re-do a roof. I Clinton, Matt Simmons, Rep. (R) Roscoe KELLY. Bartlett (Maryland) and many other promi- considered solar panels and energy conserva- nent Americans who want our citizens to tion devices. It added a lot of costs, but I We would like to express our concern over know the truth about Peak Oil Theory, and thought that it would be worthwhile if I Congress’s reluctance to address the energy the implications of a global peak and inevi- could get a bit of a tax break. I contacted problem. Rather than blaming oil companies table decline in production. the state, power company, gas company, and for making an 81⁄2% profit, you should all be I have since sold my car, my house, and am checked the Internet for federal tax breaks. blaming yourselves for your lack of fore- living with massive inflation, food and gaso- There weren’t any for individuals. The lady sight. The law of supply and demand is well line shortages, and likely economic collapse with the state simply stated that ‘‘they do understood out here, but Washington does in mind. I am growing a large garden this not do things that way.’’ I felt this was not seem to grasp it. Drill . . . off-shore, year and riding my bicycle(s) most every- short-sighted at the time, and, as things are ANWR, coal-to-oil, nuclear, solar, wind, where. I have met with local leaders, includ- now, my opinion seems to be correct. I do shale oil. In short, go to work on the prob- ing Boise Mayor Dave Bieter, to talk about not foresee a turn around any time soon. lem instead talking it to death. Immediately real solutions, and have written letters to Why does not the legislature encourage the lift your restrictions on drilling here. the editor of the Idaho Statesman monthly. gas and power companies to offer incentives? Our propane went from $124 every three We need to grow most all of our own food Why does not the state or federal legisla- weeks last winter, to $227 this spring. We are locally, produce and distribute most goods tures offer tax incentives to individuals in- broke. Between my physical inability to locally, and keep people employed doing stead of to major corporations? work, (but not disabled enough to draw dis- things to create and expand our new local- The engine that drove America to its cur- ability), my husband’s $10 an hr. job, our ized economy. We need to accept that our rent prominence is the creativeness and in- mortgage, utilities, transportation costs, population will decline due to lowering food dustry of the every day American. Release property taxes, auto licenses, home owner’s production. We need to know that the era of it! Encourage people to come up with their insurance, medical insurance, and auto in- high consumption, personal automobiles, own energy saving ideas and devices. At surance, we now find ourselves with no gro- travel, and technology is coming to a close. least, stop blocking individual efforts that cery money. Our daughter, tax rebates, unex- People must understand that in 100 years our are attempted by easing legal restrictions. pected refund of medical overpayment, planet will sustain perhaps 1 billion people, America’s and Idaho’s energy companies and (God), have fed us the first half of this year. living primarily an agrarian existence, with- legislatures have created barriers to indi- Tell your colleagues that there are real out technology. vidual ingenuity. It is not in their respective people out here that do not make hundreds If the people remain in the dark about our interests to encourage such action. I feel of thousands of dollars a year, (of course, if true future, there are unspeakable dangers. that this is short-sighted at this time, but I we could set our own wages, we would), but Dictatorship in America, nuclear confronta- expect more of the same. Until the economic try to live on a gross of $20,000 a year. tions over resources, and rioting are likely. pain of the individual is shared by the exist- We, our friends, relatives and neighbors are Please help to inform the American public ing energy corporation executives and cur- beginning to suffer. This is the first time in now. rent legislators, little more than lip service many years that we have had to worry about BOB, Boise. can be expected. Some have said that gas at our next week’s groceries. We are agonizing $5/gallon would wake us all up and cause over whether to drop our medical coverage, Thank you for the email telling us of your change to occur. The fallacy in this logic is but that is so frightening. position on the energy crunch (and thank that the $5/gallon is increased profits and Thank you for listening. you for opposing that climate change legisla- corporations seldom discourage profit. There Sincerely, tion). I am all in favor of developing alter- is economic pain all right, but the pain is CHARLES and WANDA. native energy sources, such as biodiesel, and not felt by the folks who initiate changes. in expanding our refinery capacity for con- Here is a radical proposal: Remove the ex- Thank you for your support in trying to ventional petroleum fuels. I heartily support isting corporate tax benefits related to oil keep our gas prices down. Thank you also for tapping the petroleum resources we have and some other energy corporations. (Wind- trying to utilize energy sources here in here in the United States and, from all that fall profits are possible, but I am not recom- America. I have heard, we have (or can soon develop) mending them.) Offer the same amount as We are disability retired and taking care of the technology to do it with less harm to the tax benefits to individuals. These can be in my 90–year-old father. Of course you are environment. I understand that Congress- the form of worthwhile individual energy aware that gas prices are driving the cost of man Chris Cannon of Utah is making efforts grants and can be emergency economic tax everything else up. It is difficult to make our

VerDate Mar 15 2010 22:10 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\2008SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8846 CONGRESSIONAL RECORD — SENATE September 16, 2008 fixed income stretch through the entire for the recent tax rebate. And I have made a the Ugandan military and rebels of the month. We only drive when absolutely nec- goal to earn my undergraduate degree with- Lord’s Resistance Army, leading at its essary for doctor’s appointments and shop- out taking out a loan because, in this unsta- height to the displacement of 1.8 mil- ping. If we forget something at the store, ble economy, I do not want to have that lion people, nearly 90 percent of the re- then we go without until the next time. It added albatross when I go to buy a house and gion’s population. Just a few years ago, cost $51.00 to fill our tank in our mid-size car start my family. I am not asking for a hand- last time. The thought of gas reaching $6.00 out, or a loan or even a tax cut (though, ad- an estimated 1,000 people were dying or even $8.00 per gallon makes us wonder how mittedly, that would be nice). I am a hard each week in squalid camps, and north- we will possibly pay for it. We do not have worker, and I can make it through college ern Uganda was called the world’s bus service in Hayden, and being disabled are without incurring one cent’s worth of debt if worst neglected humanitarian crisis. unable to walk to the nearest store which is the government would make a sensible en- The rebels for their part are reviled a couple of miles away. ergy policy that kept prices at the pump rea- across the world for their horrific bru- We plead with Congress to help us and the sonable. What I am afraid is that most mem- tality. Over the course of the conflict, many that are in the same situation! Hope- bers of Congress, and especially the leader- they have reportedly abducted more fully, Republicans will not sustain too great ship, do not understand that rising gas prices than 66,000 children, forcing them into a loss in the upcoming election so they can affect lower income families and individuals sexual slavery or child soldiering. push for a sensible domestic energy policy. like I the most. Do they not see that the en- We are wondering if you support Newt tire $150 billion tax rebate will likely be used In March of 2007, the Senate passed a Gingrich’s ‘‘Drill Here. Drill Now. Pay Less.’’ to cover the increased price of energy? The resolution I introduced recognizing proposal? Hopefully so. net economic benefit of the tax rebate is this crisis and calling on the adminis- Thank you. being pumped into our cars and burned. tration to support the ongoing peace Respectfully, Fiery rhetoric about record profits in the oil negotiations. These negotiations— MIKE and MARY. industry may get some people angry, but which began in 2006 in Juba, Southern does it really do any good? What assurance Sudan, and were mediated by the Gov- This Congress has a terrible record when it do I get that the price of gas will drop if Con- comes to sensible solutions to our energy ernment of Southern Sudan—brought a gress taxes the oil industry more? What’s cessation of hostilities and offered the problem! more, what assurance can you give me that This [current] Congress has failed miser- best opportunity in a decade to bring the price will not increase as the oil compa- ably to address the real problems we the pub- nies pass the tax on to me? Some also sug- an end to the war. At the urging of this lic face and instead wasted time inves- gest that we raise the miles per gallon stand- Congress and thousands of concerned tigating horse racing and drugs in sports or ards on cars. That sounds good to me, but I Americans, the State Department fi- anything else [that provides easy publicity]. cannot afford to buy a brand new Prius, nally appointed a senior diplomat to Many [conservatives] are also failing miser- much less a brand new anything. Some also coordinate U.S. support for this peace ably and voting for (the wrong) politics over say we should increase nuclear, hydro- process. That diplomat, Tim Shortley, principle in misguided attempts to hang on electric, solar and wind power, all senti- to their jobs: earmarks come to mind here as played a crucial role over the last year ments that I agree with. But, forgive my ig- well as voting with the [majority] and for in moving the negotiations forward. In norance if I fail to see how building nuclear special interest groups that are against solv- March 2008, the parties reached an plants, dams, windmills or solar panels in- ing our energy problems using our own abun- agreement that was one of the most crease the oil supply. None of those options dant resources. We need to get rid of these helps me at the pump. I still end up paying comprehensive of its kind, including people FAST so that somebody that really the high price of gas. provisions for truth-telling, disar- represents us can get on with solving the My feelings on how to solve the current en- mament and demobilization, reconcili- problem! ergy crisis can be summed up with the title ation and accountability. As I see it, with all major potential sources Unfortunately, the leader of the of domestic oil now legally ‘‘off limits’’ to of Speaker Newt Gingrich nationwide peti- exploration; with refineries effectively pre- tion drive: ‘‘Drill Here. Drill Now. Pay Lord’s Resistance Army—LRA—Joseph vented from increasing their capacities; with Less.’’ which more than 800,000 Americans Kony, has refused to sign the agree- RAPO, nuclear plants unable to expand and increase have signed to date. My plea, Senator C ment. Far more disturbing, his rebels is that you stand up for the people like me because they are prevented from safely stor- now operating almost entirely outside and demand we open our coasts for drilling, ing their waste; with our monstrous quan- Uganda and instead in the border re- open the ANWR for drilling, open the Rocky tities of coal, clean or otherwise, on the Mountains for drilling. I know we can do it gion between Central African Republic, verge of being banned; with heavily-sub- in an environmentally friendly way. We are Congo, and Southern Sudan have re- sidized corn-based ethanol now a major rea- the United States, the greatest, most power- sumed attacks and abducting children. son for the world-wide food crisis, Congress ful nation on earth. Nothing is impossible for They are easily exploiting the region’s needs to call a ‘‘time out’’ and take a good us. My grandparents and great-grandparents look at what they’re doing to our country! It porous borders and ungoverned spaces lived through a Depression, which dwarfed is not something that can continue or ‘‘our a problem which, in my view, con- the current economic crisis. I want to have way of life’’ as we know it will end! And if it stitutes a threat to international peace faith in my country that our generation will does, the party identified as making it hap- and security. Yet rather than intensify meet this issue head on. I have heard people pen will find itself at an end too! At some efforts to engage and pressure Kony to say we cannot drill ourselves out of the cri- point, I expect to see our country experience sis. But I fail to see how doing nothing to in- accept the agreement, the United the kind of public protests becoming com- crease domestic oil production solves the States and others in the international mon elsewhere around the world, and with problem either. If a college student who community have downscaled our ef- elections coming up shortly, the means will struggled through Economics 101 under- forts. Instead of mustering the tremen- be readily at hand to make whatever changes stands that the bulk of this issue is a supply we need. I vote, and I am really looking at dous resources at our disposal to press problem, what does that say about the lack the candidates voting records closely this the rebels to accept a political solu- of economic prowess on display by a major- time. tion, we have turned our attention ity of Congress? Perhaps an equitable solu- FRED, Priest River. elsewhere again. tion for both sides would be to write a bill As a result, there is now a haphazard that opens the ANWR and at the same time I am grateful for this opportunity to ex- military operation underway to con- plain to you how the high gas prices are af- releases half of the strategic oil reserve. That would have the immediate effect of tain the rebels by the Congolese mili- fecting me. I am a 23-year-old senior in col- tary a force not known for its success lege from the Burley area. I came home this lowering gas prices and a longer term effect summer and got a job as a pizza deliverer, of increased supply. Can both sides agree to in defeating armed groups or for re- therefore the amount I make depends a lot something like that? specting civilians caught in the cross- on the price of gasoline, because as the cost JARED. fire. Yes, the U.N. Peacekeeping Force of gasoline rises that is less money that is f in Congo, known by its French acro- available for me to set aside for college. nym MONUC, is supporting the Congo- Since I came back to Burley in the end of AFRICA lese military, but MONUC is already April, I have seen the price of gas at the Mr. FEINGOLD. Mr. President, I am overwhelmed by its inability to fully cheapest gas station in town jump from very concerned that one of Africa’s address its primary task: controlling $3.369 to $3.959 tonight as I drove home from most gruesome and longstanding con- the persistent violence in the eastern work. In nearly two months on the job, my fuel expenses have almost exceeded $400. flicts is once again falling off the radar Congo. I visited that region last sum- I pay for college myself, with the assist- screen of this Congress and this admin- mer and it is a region desperately in ance of some academic scholarships. I do not istration. For 22 years, northern Ugan- need of greater security. Without ex- qualify for government aid. I did not qualify da has been caught in a war between panded resources and capacity focused

VerDate Mar 15 2010 22:10 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\2008SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 16, 2008 CONGRESSIONAL RECORD — SENATE S8847 on this problem, a completely new of- ference can coordinate an effective band Jason took time away from work fensive runs a high risk of exacerbating donor strategy to support recovery ef- to fly to Beijing with Carissa and give the region’s volatility rather than ad- forts and hold the Ugandan govern- her their support. This inspiring dis- dressing it. We have seen too many ment accountable. This conference, play of heart truly embodied times in this part of the world how though, must only be the beginning of Vermont’s Olympic spirit and I would rash and uncoordinated ‘‘military solu- reinvigorated institutional engage- like to join with her family and friends tions’’ have fueled the flames of con- ment by this administration and the in commending Carissa’s remarkable flict and generated new political griev- next to bring this conflict to its con- achievement. ances. clusion, which is finally in sight after On the track, the Men’s 800 meters This is not to say that security meas- 22 years. Let us make it clear once and featured Norwich native Andrew ures aren’t needed to protect civilians for all that the United States is re- Wheating. Andrew has become a reg- in the region and thereby bring perma- solved to see peace secured in northern ular in the national headlines ever nent peace to eastern Congo and north- Uganda. since he finished second in the U.S. ern Uganda. They are. Until we are Too often this Administration has Olympic Trials and earned a ticket to able to build the capacity of national leapfrogged from one crisis to another represent his country in Beijing. Cur- and regional institutions, the LRA and in Africa, trying to put out fires but rently a sophomore at the University other armed groups will continue to ex- not addressing the underlying factors of Oregon and the only Vermonter to ploit the region’s borders and wreak driving these conflicts. This is not a re- run a 4-minute-mile, Andrew has al- havoc throughout these four countries. sult of lack of interest or dedication ready established himself as one of the We need more inter-agency collabora- from our diplomats, for I have seen sport’s rising young talents. The son of tion to consider how we can bolster first-hand their resourcefulness and Betsy and Justin Wheating, Andrew sustainable long-term civilian protec- hard work. But the reality is that the not only showcased his talent to the tion mechanisms, while in the mean- State Department’s Africa Bureau is world, he also realized a longtime fam- time devising creative short-term overwhelmed and under resourced. For ily dream. Justin Wheating as a stand- strategies to help fill the gaps. places like northern Uganda or eastern out athlete in his home country of The calm brought by the Juba peace Congo or the Niger Delta, we do not England never had a chance to rep- process presented an unprecedented op- have the personnel or on-the-ground resent his country in an Olympic portunity in this conflict’s history to presence to respond comprehensively games. However, Mr. Wheating man- rebuild northern Uganda’s institutions, to insecurity. We in Congress must aged to pass the torch to an excep- which is the surest safeguard against give greater attention in the coming tional son who Vermont is proud to future violence and instability. I fear months and years to ensuring our dip- call one of our own and Andrew’s that this opportunity is being squan- lomats have the resources they need to thrilling performance in these Olympic dered. Since the cessation of hostilities operate in these neglected conflict quarterfinals showed the world why. was signed two years ago, nearly half areas. However, that process begins With all of the success and accolades of the people displaced have returned with us committing to these places, this young man has already accumu- to their original homes and begun to not just whenever they hit the head- lated, there is no doubt in my mind restore their livelihoods. However, this lines but because they are important to that he has a very bright future ahead process has increasingly been fraught our collective security and to basic of him. with problems. The lack of access to American principles. In a place historically famous for its basic services in the villages and tran- f winter athletes, these exceptional com- sit sites, such as clean water, health petitors just further prove it is impos- care and education, has broken up fam- U.S. OLYMPIANS sible to pigeon hole our great State. ilies and hindered recovery. The lack of Mr. LEAHY. Mr. President, I rise For those of you who enjoy skiing a capable and competent police force today to honor two Vermonters who Vermont in the winter, perhaps it is and judiciary has left women and girls represented their country this summer time to come see why we call them the vulnerable to sexual violence. Finally, in China. Everyone at one time or an- ‘‘Green Mountains’’ next summer? The the lack of programs to address under- other has heard the Mark Twain quote, extraordinary displays of speed and lying grievances and psychosocial trau- ‘‘It’s not the size of the dog in the power by these Vermonters on the ma has allowed tensions to fester. fight, it’s the size of the fight in the world’s largest stage perfectly show- Responsibility for managing north- dog.’’ Nothing embodies this adage to cased our diverse range of talent and I ern Uganda’s transition lies first and me more than the commendable deter- want to thank Carissa and Andrew for foremost with the Government of mination of this year’s Vermont sum- making their State and country proud. Uganda. I realize that the government mer Olympians. Vermonters have al- Mr. BAYH. Mr. President, I rise has limited capacity, but it seems ways stood as an example of what a today to pay tribute to the 10 out- there has been a distinct lack of high- good hard day’s work can accomplish, standing Hoosier athletes who rep- level leadership. In October 2007, the and this summer in Beijing was no ex- resented the State of Indiana and all of Ugandan government launched a three- ception. In a world of more than 6.5 bil- the United States in the Games of the year $600-million recovery plan for the lion people, our great State of 610,000 XXIX Olympiad in Beijing, China. war-torn region, but that plan has been creates world class athletes that stand Lloy Ball, a volleyball player from mired in confusion. Its partial imple- out against the crowd. Fort Wayne; David Boudia, a diver mentation only began 2 months ago. Representing Vermont on the U.S. from Noblesville; Amber Campbell, a Moreover, there continues to be a lack Women’s Weightlifting Team was track and field athlete from Indianap- of coordination between the govern- Carissa Gump, originally of Essex. Ever olis; Lauren Cheney, a soccer player ment, donors, U.N. agencies and non- since her middle school gym teacher from Indianapolis; LeRoy Dixon, a governmental organizations. I urge the first convinced her to pursue track and field athlete from South Ugandan government to show leader- weightlifting, her dedication has Bend; Mary Beth Dunnichay, a diver ship at the highest levels and dem- brought her success. One of only two from Elwood; Thomas Finchum, a diver onstrate its willingness to fulfill the U.S. women competing in her weight from Indianapolis; David Neville, a promises it made to the people of class, Carissa was able to finish an im- track and field athlete from northern Uganda over the last year. pressive fifth in her group and thir- Merrillville; Samantha Peszek, a gym- If the Ugandan government leads and teenth overall. Showing off her nast from Indianapolis; and Bridget takes measures to prevent corruption, Vermont bred toughness, she managed Sloan, a gymnast from Pittsboro, all the international community should to complete every one of her lifts all represented the Hoosier State as mem- back it up with the necessary financial while nursing an aggravating left wrist bers of Team USA. and technical support. To signal that injury. From reading Carissa’s online This Olympiad is the first for many commitment, I call on the administra- blog, anyone can also learn about her of the Hoosier athletes; others have tion to help convene a high-level con- amazing and loving family. Her par- donned the colors of Team USA before. ference of Uganda donors. Such a con- ents, Kathie and Marty, and her hus- This year, Lloy Ball, a member of the

VerDate Mar 15 2010 22:10 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\2008SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8848 CONGRESSIONAL RECORD — SENATE September 16, 2008 U.S. men’s volleyball team, became the mountain bike race. Team USA also in- For example, I have concerns with first male athlete from the United cluded Idahoans: Matt Brown, a grad- the funding of the new State and local States to compete in four Olympic uate of Coeur d’Alene High School, law enforcement grant programs in Games. Lloy’s incredible feat will for- played third baseman for Team USA in section 501 and the grant match ratio ever be part of Indiana and Olympic baseball. Debbie McDonald, from for those programs. Further, I have sports history, and I know our entire Hailey, competed for Team USA in concerns with the creation of a new in- State is immensely proud to count him dressage. Idahoans excelled on teams tellectual property crimes unit at the among our own. from other nations as well. Clare FBI to enforce intellectual property These Hoosiers have shown superior Bodensteiner, a graduate of Minico rights and the authorization of addi- abilities, extraordinary work ethics, High School, played for the New Zea- tional funding, resources and staff for and unflappable determination in their land basketball team. Angela Whyte, a the FBI to implement these additional quests to become Olympic athletes. former University of Idaho runner and responsibilities. I firmly believe that The road to the pinnacle of athletic now assistant coach competed for Can- the FBI should focus its efforts on com- success has required thousands of ada in the 100 meter hurdles and, bating terrorism. I am concerned about hours of demanding training over years Joachim Olsen, also a University of duplication with work currently being of preparation, yet these athletes show Idaho athlete, competed in the shot put performed at ICE and its National In- us that commitment to excellence for Denmark. Emerson Frostad, a tellectual Property Rights Coordina- truly has its rewards. For many of our former Lewis-Clark State College base- tion Center. Moreover, I am concerned Hoosier athletes, the spoils of their ball player played for Team Canada as with language calling for the hard work and dedication came in the a catcher/first baseman. Eric Matthias, prioritization of cases involving for- form of an Olympic medal. Lloy Ball a Boise resident and in graduate school eign controlled companies, and the and the men’s volleyball team brought at Boise State University, competed lack of any priority for cases inves- home a gold medal, as did Lauren Che- for the British Virgin Islands in the tigated by the FBI that have a nexis to ney and the women’s soccer team. discus throw. potential terrorist activities. David Neville won the bronze medal in And in the Paralympics—the second- My staff will be sitting down with largest sporting event in the world the 400 meter final, and Samantha the chairman and ranking member’s after the Olympics—that are con- Peszek and Bridget Sloan were awarded staff to work on my concerns. Again, I cluding in Beijing this week, Idaho na- the silver medal with their teammates intend to reserve my right to object to tive Barbara Buchan took the gold in on the women’s gymnastics team. proceeding to the consideration of S. These 10 athletes traveled halfway the 3,000 meter cycling event. Barbara 3325 until my concerns have been ad- around the globe to compete against was the 1972 high school mile run State dressed. the worlds’ finest, and brought with champion from Mountain Home High f them the unwavering support of their School and went on to graduate from Boise State University. She was se- ADDITIONAL STATEMENTS fellow Hoosiers. The people of Indiana verely injured in a cycling accident in are fortunate to have had such an ex- 1982, suffering almost fatal wounds. In ceptional group representing us at the BURLINGTON COMMUNITY addition to terrible physical injuries, Olympic Games. EDUCATION she was in a coma for 2 months and had Team USA represents the best Amer- ∑ Mr. HARKIN. Mr. President, in Iowa ica has to offer, and these Hoosiers surgery to remove the damaged parts of her brain. After years of physical and across the United States, a new have made our State and our country school year has begun. As you know, proud. and mental rehabilitation, Barbara came back, her passion for cycling un- Iowa public schools have an excellent Mr. CRAPO. Mr. President, the reputation nationwide, and Iowa stu- Olympic Games has always been a time changed. A five-time Paralympics com- petitor at 52 years old, Barbara em- dents’ test scores are among the high- for the world to celebrate the triumph est in the Nation. of the human spirit and personal quali- bodies the Olympic spirit. To all these courageous, gifted and I would like to take just a few min- ties that determine excellence: dis- dedicated Idaho athletes, I offer my utes, today, to salute the dedicated cipline, commitment and a positive, heartfelt congratulations for a job well teachers, administrators, and school winning attitude. Athletes from all done. You continue to make Idaho board members in the Burlington Com- over the world bring pride to their proud. munity School District, and to report countries, friends and family during on their participation in a unique Fed- f the Olympic Games. Most importantly, eral partnership to repair and mod- they achieve the distinction that can ENFORCEMENT OF INTELLECTUAL ernize school facilities. come when an individual applies deter- PROPERTY RIGHTS ACT This fall marks the 10th year of the mination and hard work to develop a Mr. GRASSLEY. Mr. President, I Iowa Demonstration Construction God-given talent. Motivated to get up would like to inform my colleagues of Grant Program. That is its formal early, often before work, to pound the my request to be notified of any unani- name, but it is better known among pavement, ride the roads and trails, mous consent agreement that would educators in Iowa as the program of shoot baskets, hit balls, lift weights or allow for the consideration of S. 3325, Harkin grants for Iowa public schools. swim laps, these women and men are the Enforcement of Intellectual Prop- Since 1998, I have been fortunate to se- committed to improving their erty Rights Act of 2008. I intend to re- cure a total of $121 million for the strength, agility, speed and stamina. I serve my right to object to any such State government in Iowa, which se- am especially proud of the Idahoans request. lects worthy school districts to receive who competed in the 2008 Olympics, S. 3325 was marked up by the Judici- these grants for a range of renovation representing their teams, their Nation ary Committee just last Thursday and repair efforts—everything from up- and their families with skill and pride. afternoon. I circulated several amend- dating fire-safety systems to building As you may know, Boise resident ments to address a number of concerns new schools or renovating existing fa- Kristin Armstrong won the gold in the I had about the bill. Two of my amend- cilities. In many cases, this Federal women’s cycling time trial. Kristin is ments—one that would add USDA to funding is used to leverage public and/ well known around the Boise area: the list of agencies on the IPEC Advi- or private local funding, so it often has many have seen her cycling or at the sory Committee, and another that a tremendous multiplier effect in a local YMCA where she is an instructor. would provide for an orderly transition local school district. She is an inspiration to those who from NIPLECC to IPEC—were adopted The Burlington Community School know her and she has made Idaho by the committee. However, I withheld District received a 2006 Harkin grant proud. Bishop Kelly High School grad- from offering other amendments be- totaling $500,000 which it used to help uate Nick Symmonds advanced to the cause I received a commitment that build a new elementary school. Sunny- preliminary round in the 800 meter run. the chairman and ranking member of side Elementary is a modern, state-of- Georgia Gould, a one-time Ketchum the Judiciary Committee would work the-art facility that befits the edu- resident competed in the women’s with me to address my other concerns. cational ambitions and excellence of

VerDate Mar 15 2010 22:10 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\2008SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 16, 2008 CONGRESSIONAL RECORD — SENATE S8849 this school district. Indeed, it is the educators in Iowa as the program of top priority in that community. I sa- kind of school facility that every child Harkin grants for Iowa public schools. lute them, and wish them a very suc- in America deserves. Since 1998, I have been fortunate to se- cessful new school year.∑ Excellent new schools like Sunnyside cure a total of $121 million for the f do not just pop up like mushrooms State government in Iowa, which se- SHENANDOAH COMMUNITY after a rain. They are the product of vi- lects worthy school districts to receive EDUCATION sion, leadership, persistence, and a tre- these grants for a range of renovation mendous amount of collaboration and repair efforts—everything from up- ∑ Mr. HARKIN. Mr. President, in among local officials and concerned dating fire-safety systems to building Iowa and across the United States, a citizens. I salute the entire staff, ad- new schools or renovating existing fa- new school year has begun. As you ministration, and governance in the cilities. In many cases, this Federal know, Iowa public schools have an ex- Burlington Community School Dis- funding is used to leverage public and/ cellent reputation nationwide, and trict. In particular, I would like to rec- or private local funding, so it often has Iowa students’ test scores are among ognize the leadership of the board of a tremendous multiplier effect in a the highest in the Nation. education—president Thomas Greene, local school district. I would like to take just a few min- vice president Dennis Kuster, Gary The Lamoni Community School Dis- utes, today, to salute the dedicated Imthurn, Melanie Richardson, Don trict received a 2005 Harkin grant to- teachers, administrators, and school Harter, Linda Garwood, Scott Smith taling $500,000 which it used to help board members in the Shenandoah and former board members Tom Court- build a new high school. This school is Community School District, and to re- ney, John Sandell, Joseph Abrisz, Ste- a modern, state-of-the-art facility that port on their participation in a unique ven Hoth, Jason Sapsin and Joseph befits the educational ambitions and Federal partnership to repair and mod- Poisel. I would also like to recognize excellence of this school district. In- ernize school facilities. superintendent Leland Morrison, deed, it is the kind of school facility This fall marks the 10th year of the former superintendent Michael Book, that every child in America deserves. Iowa Demonstration Construction director of maintenance and construc- The district also received fire safety Grant Program. That is its formal tion manager Byron Whittlesey and grants totaling $100,000 to make other name, but it is better known among principal Terri Rauhaus. improvements throughout the district. educators in Iowa as the program of As we mark the 10th anniversary of Excellent new schools like Lamoni Harkin grants for Iowa public schools. the Harkin school grant program in High School do not just pop up like Since 1998, I have been fortunate to se- Iowa, I am obliged to point out that mushrooms after a rain. They are the cure a total of $121 million for the many thousands of school buildings product of vision, leadership, persist- State government in Iowa, which se- and facilities across the United States ence, and a tremendous amount of col- lects worthy school districts to receive are in dire need of renovation or re- laboration among local officials and these grants for a range of renovation placement. In my State of Iowa alone, concerned citizens. I salute the entire and repair efforts—everything from up- according to a recent study, some 79 staff, administration, and governance dating fire-safety systems to building percent of public schools need to be up- in the Lamoni Community School Dis- new schools or renovating existing fa- graded or repaired. The harsh reality is trict. In particular, I would like to rec- cilities. In many cases, this Federal that the average age of school build- ognize the leadership of the board of funding is used to leverage public and/ ings in the United States is nearly 50 education, president Bill Morain, Mike or private local funding, so it often has years. Quick, Dennis McElroy, Michele a tremendous multiplier effect in a Too often, our children visit ultra- Dickey-Kotz and Dale Killpack and local school district. modern shopping malls and gleaming former board members MaryAnn The Shenandoah Community School sports arenas on weekends, but during Manuel, Alan Elefson, Bob Bell and District received a 1999 Harkin grant the week go to school in rundown or Mike Ranney. I would also like to rec- totaling $526,231 which it used to help antiquated facilities. This sends ex- ognize superintendent Diane Fine, build a new K–8 school. This school is a actly the wrong message to our young former superintendent Mike Harrold, modern, state-of-the-art facility that people about our priorities. We have high school principal Dan Day, grant befits the educational ambitions and got to do better. writer Shirley Kessel, project manager excellence of this school district. In- That is why I am deeply grateful to Dan Boswell, as well as many commu- deed, it is the kind of school facility the professionals and parents in the nity members who worked hard to that every child in America deserves. Burlington Community School Dis- make the dream of a new high school The district also received a total of trict. There is no question that a qual- come true. $64,189 from two fire-safety grants. The ity public education for every child is a As we mark the 10th anniversary of Federal grants have made it possible top priority in that community. I sa- the Harkin school grant program in for the district to provide quality and lute them, and wish them a very suc- Iowa, I am obliged to point out that safe schools for their students. cessful new school year.∑ many thousands of school buildings Excellent schools do not just pop up f and facilities across the United States like mushrooms after a rain. They are are in dire need of renovation or re- the product of vision, leadership, per- LAMONI COMMUNITY EDUCATION placement. In my State of Iowa alone, sistence, and a tremendous amount of ∑ Mr. HARKIN. Mr. President, in Iowa according to a recent study, some 79 collaboration among local officials and and across the United States, a new percent of public schools need to be up- concerned citizens. I salute the entire school year has begun. As you know, graded or repaired. The harsh reality is staff, administration, and governance Iowa public schools have an excellent that the average age of school build- in the Shenandoah Community School reputation nationwide, and Iowa stu- ings in the United States is nearly 50 District. In particular, I would like to dents’ test scores are among the high- years. recognize the leadership of the board of est in the Nation. Too often, our children visit ultra- education—Marty Maher, Dr. Margaret I would like to take just a few min- modern shopping malls and gleaming Brady, Brian Maxine, Dwight Mayer, utes, today, to salute the dedicated sports arenas on weekends, but during and Keith Meyer. I would also like to teachers, administrators, and school the week go to school in rundown or recognize superintendant Richard Prof- board members in the Lamoni Commu- antiquated facilities. This sends exit as well as former board members— nity School District, and to report on actly the wrong message to our young Ken Lee, Roger Jones, and Steve their participation in a unique Federal people about our priorities. We have Berning and former superintendent partnership to repair and modernize got to do better. Connie Maxson. school facilities. That is why I am deeply grateful to As we mark the 10th anniversary of This fall marks the 10th year of the the professionals and parents in the the Harkin school grant program in Iowa Demonstration Construction Lamoni Community School District. Iowa, I am obliged to point out that Grant Program. That is its formal There is no question that a quality many thousands of school buildings name, but it is better known among public education for every child is a and facilities across the United States

VerDate Mar 15 2010 22:10 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\2008SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8850 CONGRESSIONAL RECORD — SENATE September 16, 2008 are in dire need of renovation or re- the product of vision, leadership, per- cilities. In many cases, this Federal placement. In my State of Iowa alone, sistence, and a tremendous amount of funding is used to leverage public and/ according to a recent study, some 79 collaboration among local officials and or private local funding, so it often has percent of public schools need to be up- concerned citizens. I salute the entire a tremendous multiplier effect in a graded or repaired. The harsh reality is staff, administration and governance in local school district. that the average age of school build- the Shenandoah Community School The South Page Community School ings in the United States is nearly 50 District. In particular I would like to District received a 2002 Harkin grant years. recognize the leadership of the board of totaling $298,650 which was used to help Too often, our children visit ultra- education—Marty Maher, Dr. Margaret make improvements on the K–12 build- modern shopping malls and gleaming Brady, Brian Maxine, Dwight Mayer ing. The district also received a $50,000 sports arenas on weekends, but during and Keith Meyer. I would also like to fire safety grant that was used to re- the week go to school in rundown or recognize superintendant Richard Prof- place and repair exit lighting and antiquated facilities. This sends exit as well as former board members— smoke detectors. The Federal grants actly the wrong message to our young Ken Lee, Roger Jones and Steve have made it possible for the district to people about our priorities. We have Berning and former superintendent provide quality and safe schools for got to do better. Connie Maxson. their students. That is why I am deeply grateful to As we mark the 10th anniversary of Excellent schools do not just pop up the professionals and parents in the the Harkin school grant program in like mushrooms after a rain. They are Shenandoah Community School Dis- Iowa, I am obliged to point out that the product of vision, leadership, per- trict. There is no question that a qual- many thousands of school buildings sistence, and a tremendous amount of ity public education for every child is a and facilities across the United States collaboration among local officials and top priority in that community. I sa- are in dire need of renovation or re- concerned citizens. I salute the entire lute them, and wish them a very suc- placement. In my State of Iowa alone, staff, administration, and governance cessful new school year. ∑ according to a recent study, some 79 in the South Page Community School f percent of public schools need to be up- District. In particular, I would like to graded or repaired. The harsh reality is recognize the leadership of the board of SHENANDOAH COMMUNITY that the average age of school build- education—president Ellen Nothwehr, EDUCATION ings in the United States is nearly 50 Junior Niehart, Ron Peterman, Deb ∑ Mr. HARKIN. Mr. President, in Iowa years. Wallin and Karl Kenagy as well as and across the United States, a new Too often, our children visit ultra- former board members—Terry Carlson, school year has begun. As you know, modern shopping malls and gleaming Larry Murphy and Brenda Swanson. I Iowa public schools have an excellent sports arenas on weekends, but during would also like to recognize super- reputation nationwide, and Iowa stu- the week go to school in rundown or intendant Joy Jones and former super- dents’ test scores are among the high- antiquated facilities. This sends ex- intendent Iner Joelson. est in the Nation. actly the wrong message to our young As we mark the 10th anniversary of I would like to take just a few min- people about our priorities. We have the Harkin school grant program in utes, today, to salute the dedicated got to do better. Iowa, I am obliged to point out that teachers, administrators, and school That is why I am deeply grateful to many thousands of school buildings board members in the Shenandoah the professionals and parents in the and facilities across the United States Community School District, and to re- Shenandoah Community School Dis- are in dire need of renovation or report on their participation in a unique trict. There is no question that a qual- placement. In my State of Iowa alone, Federal partnership to repair and modity public education for every child is a according to a recent study, some 79 ernize school facilities. top priority in that community. I sa- percent of public schools need to be up- This fall marks the 10th year of the lute them, and wish them a very suc- graded or repaired. The harsh reality is Iowa Demonstration Construction cessful new school year.∑ that the average age of school build- Grant Program. That is its formal f ings in the United States is nearly 50 name, but it is better known among years. educators in Iowa as the program of SOUTH PAGE COMMUNITY Too often, our children visit ultra- Harkin grants for Iowa public schools. EDUCATION modern shopping malls and gleaming Since 1998, I have been fortunate to se- ∑ Mr. HARKIN. Mr. President, in Iowa sports arenas on weekends, but during cure a total of $121 million for the and across the United States, a new the week go to school in rundown or State government in Iowa, which se- school year has begun. As you know, antiquated facilities. This sends ex- lects worthy school districts to receive Iowa public schools have an excellent actly the wrong message to our young these grants for a range of renovation reputation nationwide, and Iowa stu- people about our priorities. We have and repair efforts—everything from up- dents’ test scores are among the high- got to do better. dating fire-safety systems to building est in the Nation. That is why I am deeply grateful to new schools or renovating existing fa- I would like to take just a few min- the professionals and parents in the cilities. In many cases, this Federal utes, today, to salute the dedicated South Page Community School Dis- funding is used to leverage public and/ teachers, administrators, and school trict. There is no question that a qual- or private local funding, so it often has board members in the South Page Com- ity public education for every child is a a tremendous multiplier effect in a munity School District, and to report top priority in that community. I sa- local school district. on their participation in a unique Fed- lute them, and wish them a very suc- The Shenandoah Community School eral partnership to repair and mod- cessful new school year.∑ District received a 1999 Harkin Grant ernize school facilities. f totaling $526,231 which it used to help This fall marks the 10th year of the build a new K–8 school. This school is a Iowa Demonstration Construction HONORING TAMMY CHASE modern, state-of-the-art facility that Grant Program. That is its formal ∑ Mr. JOHNSON. Mr. President, I wish befits the educational ambitions and name, but it is better known among to pay tribute to Sisseton resident excellence of this school district. In- educators in Iowa as the program of Tammy Chase and her dedicated serv- deed, it is the kind of school facility Harkin grants for Iowa public schools. ice to the South Dakota National that every child in America deserves. Since 1998, I have been fortunate to se- Guard. Serving as the family readiness The district also received a total of cure a total of $121 million for the group leader, Tammy provides support $64,189 from two fire safety grants. The State government in Iowa, which se- to units, servicemembers, and families federal grants have made it possible for lects worthy school districts to receive throughout South Dakota. When a sol- the district to provide quality and safe these grants for a range of renovation dier serves overseas, his or her family schools for their students. and repair efforts—everything from up- and friends must assume additional re- Excellent schools do not just pop up dating fire-safety systems to building sponsibilities and sacrifices. Thanks to like mushrooms after a rain. They are new schools or renovating existing fa- the work of Tammy, and the family

VerDate Mar 15 2010 22:10 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\2008SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 16, 2008 CONGRESSIONAL RECORD — SENATE S8851 readiness group, South Dakota Na- DC, for the Congressional Coalition on school in 1953 and served one tour in tional Guard families are provided with Adoption Institute’s annual Angels in Korea, two tours in Germany and two an extended network of support and re- Adoption Gala. I was pleased to select tours in Vietnam. In 1980, after 30 years sources to help them through their Rick and Kathy as 2008 Angels in Adop- of service he retired from the Army as time apart. Among her many tasks, tion because of their great commit- a lieutenant colonel and master army Tammy maintains the telephone tree, ment to adoption at both a personal aviator. Upon his retirement, he moved publishes newsletters, provides baked and professional level. to Milwaukee where his love for and goods to soldiers at monthly drills, or- When Rick Clarke served for 5 years expertise in aviation was put to good ganizes family events, and prepares as a judge in juvenile court, working use. Mr. Bourne embarked on what families for possible deployments. with abused and neglected children would become a 20-year career with As- Countless lives have been touched by every day, both he and his wife, Kathy, tronautics Corporation of America, a her efforts. formed a desire to help children who world leader in supplying military and Tammy is dedicated and committed are most in need—those without fami- commercial electronics for aviation. to her volunteer work; she has been the lies. Today, Rick dedicates part of law At 78, Mr. Bourne is still flying. He is family readiness group leader for the practice to adoption cases. He serves as a gentleman in the truest sense of the past 11 years. She was recently recog- a volunteer attorney through Tulsa word. Harold and his wife of 57 years, nized for her efforts when she was pre- Lawyers for Children, as a guardian ad Anne, have given much of themselves sented with the AMVETS PNC John S. litem through court appointments, and over the years, not only to aviation but Lorec National Guard Volunteer of the is on the board of Heritage Family to their community and their church. Year award at the National Guard Services, a Tulsa-based adoption agen- And for that I congratulate and honor Family Program conference in St. cy. Kathy has served as a Court Ap- them.∑ Louis, MO. pointed Special Advocate for children. f I am pleased that Tammy’s efforts She also currently works on special TRIBUTE TO MARK MILLAR are being publicly honored and cele- education issues and is a member of brated with this prestigious award. I the PTA. ∑ Ms. SNOWE. Mr. President, I con- applaud her for her years of hard work. However, it is this family’s personal gratulate Mark Millar on receiving the Tammy’s work in our communities and story that sets it apart. The Clarkes 2008 Angels in Adoption Award, a tre- State is a testament to her selfless have personally participated in the mendous honor that highlights his tire- service to our country. Tammy’s ef- adoption process for 13 years and have less commitment to achieving perma- forts on behalf of all those that are adopted nine children. Throughout nent family connections for children in currently serving in the National these years, the Clarke family has foster care in Maine. What a well-de- Guard are a shining example of patriot- faced tragedies, hardships, and obsta- served accolade for such an ennobling ism, and we can all be inspired by her cles. Yet they continue to grow as a endeavor. dedication and service.∑ family, both in number and in char- Mark Millar began his career as a protective services worker and has f acter. The Clarke’s first adopted child was a been a critical part of Casey Family 125TH ANNIVERSARY OF THE 3-year-old boy from Oklahoma. The Services in Portland for more than 20 FOUNDING OF UNIVERSITY OF next two young children joined the years. In that time, he and his dedi- SIOUX FALLS family from Russia after being diag- cated staff have helped transform the ∑ Mr. JOHNSON. Mr. President, today nosed with medical complications. The lives of countless families, by pro- I wish to recognize the 125th anniver- Clarkes later adopted three unrelated moting kinship care, providing coun- sary of the founding of University of girls—aged 15, 13, and 8—through Okla- seling and other services to strengthen Sioux Falls. Over the course of its his- homa Department of Human Services. families postadoption, and helping tory, USF has continuously produced Lastly, they provided homes to two sis- Maine reduce the amount of time re- extraordinary graduates with a Chris- ters from Liberia and an older boy quired to reach legal permanence when tian liberal arts education. In the mod- from Ethiopia. a child enters foster care. ern, high-tech, and competitive envi- The faith and perseverance of Rick Undoubtedly, we as a nation can and ronment in which we live, USF stu- and Kathy Clarke enables them to must do more to better equip families dents are equipped with the skills that overcome the challenges of providing a who sacrifice so much to provide safe, are essential for success. permanent and loving home to so many loving homes for children in foster In education, technology, and re- children. Remaining steadfast in their care. For many families, the decision search, USF is at the forefront of aca- dedication and belief that God has a to open their home to a child is easy, demic and cultural achievement, with special plan for every child, Rick and but it can also be emotionally trying enrollment now at 1,700 and a diverse Kathy have raised each of their nine and financially taxing. That’s why student body from over 20 States. For children to be productive, healthy, and Mark Millar’s work at Casey Family 125 years, the university has helped strong leaders in their schools and Services is so indispensable and pro- students realize their potential by of- communities. foundly worthy of this distinction. At a fering them a quality education and a The Clarkes truly represent the time where Federal dollars for child positive social and religious environ- blessings and the power of adoption. I welfare services are regrettably too ment. USF graduates are well-equipped am pleased to congratulate Rick and few, Mark Millar and Casey Family to succeed in a competitive world, de- Kathy Clarke, Oklahoma’s 2008 Angels Services offer families a support sys- livering countless benefits to organiza- in Adoption, and to welcome them to tem that is dependable and viable. tions and communities close to home our Nation’s Capital for this special Mark Millar has also performed re- and around the globe. honor.∑ markable work in helping teens pre- I am proud to have this opportunity f pare for the challenges of adulthood, to honor the University of Sioux Falls whether though his efforts with the for its 125 years of outstanding service. TRIBUTE TO HAROLD O. BOURNE First Jobs program, which provides ini- I strongly commend their hard work ∑ Mr. KOHL. Mr. President, several tial and transitional employment op- and dedication, and I am very pleased weeks back I had the great pleasure of portunities at Hannaford for youth that their substantial efforts are being visiting with a constituent I would like aged 15–21, or Casey’s outdoor work- publicly honored and celebrated.∑ to honor today. Milwaukee resident readiness and skill development pro- f Harold O. Bourne recently received the gram. And he has been selfless in his Federal Aviation Administration’s extraordinary contributions and inspir- TRIBUTE TO RICK AND KATHY Wright Brothers Master Pilot award ing through the power of his benevo- CLARKE for flying 50 years without incident. lent example. In short, Mark under- ∑ Mr. INHOFE. Mr. President, I rise to Mr. Bourne has given much to his stands and lives out what American honor two great Oklahomans, Rick and country over the years. He enlisted in novelist, Herman Melville, once elo- Kathy Clarke, who are in Washington, the U.S. Army in 1951, entered flight quently described in words . . . ‘‘We

VerDate Mar 15 2010 22:10 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\2008SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8852 CONGRESSIONAL RECORD — SENATE September 16, 2008 cannot live for ourselves alone. Our RECOGNIZING ARMOUR S. 2617. An act to amend title 38, United lives are connected by a thousand in- ELEMENTARY SCHOOL States Code, to codify increases in the rates of compensation for veterans with service- visible threads, and along these sympa- ∑ Mr. THUNE. Mr. President, today I thetic fibers, our actions run as causes connected disabilities and the rates of de- recognize Armour Elementary School pendency and indemnity compensation for and return to us as results.’’ for being named a 2008 No Child Left the survivors of certain disabled veterans Championing the cause of children Behind-Blue Ribbon School. The com- that were effective as of December 1, 2007, to and garnering tangible results that ef- mitment to quality education that has provide for an increase in the rates of such fect the everyday lives of many been shown by the faculty, teachers compensation effective December 1, 2008, and Mainers are the true measure of Mark’s and students at Armour Elementary for other purposes. phenomenal trajectory of accomplish- School is truly invaluable in shaping The enrolled bills were subsequently ment in helping others. And so, we the future leaders of this country. The signed by the President pro tempore couldn’t be more grateful to Mark for work that they are doing to meet high- (Mr. BYRD). what has given and continues to give er achievement standards and greater back to Maine, and I couldn’t be more At 6:18 p.m., a message from the accountability serves as a model to House of Representatives, delivered by pleased about this tribute bestowed other schools throughout our State and upon him which is a fitting recognition Mrs. Cole, announced that the House Nation. has passed the following bills, in which of all he has achieved on behalf of all Again, congratulations to Armour whom he has served.∑ it requests the concurrence of the Sen- Elementary School for being named a ate: blue ribbon school and for making H.R. 5167. An act to terminate the author- f ∑ South Dakota proud. ity of the President to waive, with regard to f Iraq, certain provisions under the National TRIBUTE TO JACK VAN DER Defense Authorization Act for Fiscal Year GEEST RECOGNIZING WHITEWOOD 2008 unless certain conditions are met. ELEMENTARY SCHOOL H.R. 6889. An act to extend the authority of ∑ Mr. THUNE. Mr. President, today I ∑ Mr. THUNE. Mr. President, today I the Secretary of Education to purchase guar- recognize the 85th birthday of Jack van anteed student loans for an additional year, recognize Whitewood Elementary der Geest of Rapid City, SD. A native and for other purposes. School for being named a 2008 No Child of the Netherlands and author of ‘‘Was The message also announced that the Left Behind-Blue Ribbon School. The God on Vacation?’’, Jack’s life story is House has agreed to the following con- commitment to quality education that a heroic depiction of courage and the current resolution, in which it requests has been shown by the faculty, teach- willingness to act against the evils the concurrence of the Senate: ers and students at Whitewood Elemen- that threaten our world and our free- tary School is truly invaluable in shap- H. Con. Res. 390. Concurrent resolution doms. honoring the 28th Infantry Division for serving the future leaders of this country. ing and protecting the United States. Born in the Netherlands in 1923, The work that they are doing to meet The message further announced that Jack’s younger years witnessed the higher achievement standards and the House agrees to the amendments of horrifying and devastating effect of greater accountability serves as a the Senate to the bill (H.R. 5938) to Nazi Germany in Europe. Jack endured model to other schools throughout our amend title 18, United States Code, to many trials and tribulations after the State and Nation. provide secret service protection to Nazis invaded his homeland in 1940; Again, congratulations to Whitewood former Vice Presidents, and for other however, none of them would prove to Elementary School for being named a purposes. break Jack’s spirit of perseverance. blue ribbon school and for making After his capture, Jack’s resilience South Dakota proud.∑ f served him well as he became one of MEASURES REFERRED only eight prisoners to escape from the f The following bill was read the first Buchenwald concentration camp. MESSAGES FROM THE PRESIDENT and the second times by unanimous Following Jack’s escape from terror Messages from the President of the consent, and referred as indicated: in the heart of Nazi Germany, he fur- United States were communicated to ther pledged his services to fight the H.R. 5167. An act to amend the National the Senate by Mrs. Neiman, one of his Defense Authorization Act for Fiscal Year Nazi occupation throughout Europe. secretaries. 2008 to remove the authority of the President Jack joined the French Underground to waive certain provisions; to the Com- f and helped Allied paratroopers escape mittee on Armed Services. capture in Vichy, France. Soon after, EXECUTIVE MESSAGES REFERRED The following concurrent resolution Jack arrived in England where he be- As in executive session the presiding was read, and referred as indicated: came an interpreter for the storied officer laid before the Senate messages H. Con. Res. 390. Concurrent resolution 101st Airborne. Jack eventually immi- from the President of the United honoring the 28th Infantry Division for serv- grated to America and became a United States submitting sundry nominations ing and protecting the United States; to the States citizen in 1953. Committee on Armed Services. which were referred to the appropriate In 1995, Jack authored the book ‘‘Was committees. f God on Vacation?’’, an autobiography (The nominations received today are ENROLLED BILLS PRESENTED of his life during World War II. This as- printed at the end of the Senate pro- The Secretary of the Senate reported tonishing work gives an in-depth ac- ceedings.) count of Jack’s struggles and endeav- that on September 16, 2008, she had pre- ors from 1940–1947. Jack’s testimony f sented to the President of the United States the following enrolled bills: truly shines a light on the persecution MESSAGES FROM THE HOUSE and challenges many Europeans en- S. 2403. An act to designate the United dured during World War II and how States courthouse located in the 700 block of some fought dearly to repel the Nazi East Broad Street, Richmond, Virginia, as ENROLLED BILLS SIGNED the ‘‘Spottswood W. Robinson III and Robert aggressors. The story of Jack van der At 11:05 a.m., a message from the R. Merhige, Jr., United States Courthouse’’. Geest reminds us to never take for House of Representatives, delivered by S. 2617. An act to amend title 38, United granted the freedoms that so many Ms. Brandon, one of its reading clerks, States Code, to codify increases in the rates have fought for in our armed services of compensation for veterans with service- announced that the Speaker has signed and around the world. connected disabilities and the rates of de- the following enrolled bills: I would like to send my heartfelt pendency and indemnity compensation for S. 2403. An act to designate the United the survivors of certain disabled veterans congratulations to Jack on his 85th States courthouse located in the 700 block of that were effective as of December 1, 2007, to birthday and thank him for telling his East Broad Street, Richmond, Virginia, as provide for an increase in the rates of such story and allowing us all to never for- the ‘‘Spottswood W. Robinson III and Robert compensation effective December 1, 2008, and get how fortunate we are to be free.∑ R. Merhige Jr., United States Courthouse’’. for other purposes.

VerDate Mar 15 2010 22:10 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\2008SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 16, 2008 CONGRESSIONAL RECORD — SENATE S8853 REPORTS OF COMMITTEES H.R. 838. A bill to provide for the convey- dians of the Tuolumne Rancheria, and for The following reports of committees ance of the Bureau of Land Management par- other purposes. cels known as the White Acre and Gambel H.R. 3682. A bill to designate certain Fed- were submitted: Oak properties and related real property to eral lands in Riverside County, California, as By Mr. BIDEN, from the Committee on Park City, Utah, and for other purposes. wilderness, to designate certain river seg- Foreign Relations, without amendment: By Mr. BINGAMAN, from the Committee ments in Riverside County as a wild, scenic, S. 3168. A bill to authorize United States on Energy and Natural Resources, with an or recreational river, to adjust the boundary participation in the replenishment of re- amendment in the nature of a substitute: of the Santa Rosa and San Jacinto Moun- sources of the International Development H.R. 903. A bill to provide for a study of op- tains National Monument, and for other pur- Association, and for other purposes (Rept. tions for protecting the open space charac- poses. No. 110-464). teristics of certain lands in and adjacent to By Mr. BINGAMAN, from the Committee By Mr. LIEBERMAN, from the Committee on Energy and Natural Resources, without on Homeland Security and Governmental Af- the Arapaho and Roosevelt National Forests in Colorado, and for other purposes. amendment: fairs, with an amendment: H.R. 5137. A bill to ensure that hunting re- S. 2321. A bill to amend the E-Government H.R. 1139. A bill to authorize the Secretary of the Interior to plan, design and construct mains a purpose of the New River Gorge Na- Act of 2002 (Public Law 107–347) to reauthor- tional River. ize appropriations, and for other purposes facilities to provide water for irrigation, municipal, domestic, and other uses from the By Mr. BINGAMAN, from the Committee (Rept. No. 110–465). on Energy and Natural Resources, with an By Mr. LIEBERMAN, from the Committee Bunker Hill Groundwater Basin, Santa Ana River, California, and for other purposes. amendment in the nature of a substitute: on Homeland Security and Governmental Af- S. 390. A bill to direct the exchange of cer- By Mr. BINGAMAN, from the Committee fairs, without amendment: tain land in Grand, San Juan, and Uintah on Energy and Natural Resources, without S. 2816. A bill to provide for the appoint- Counties, Utah, and for other purposes. ment of the Chief Human Capital Officer of amendment: S. 1477. A bill to authorize the Secretary of H.R. 1737. A bill to amend the Reclamation the Department of Homeland Security by the the Interior to carry out the Jackson Gulch Secretary of Homeland Security (Rept. No. Wastewater and Groundwater Study and Fa- rehabilitation project in the State of Colo- 110–466). cilities Act to authorize the Secretary of the rado. By Mr. BAUCUS, from the Committee on Interior to participate in the design, plan- S. 1680. A bill to provide for the inclusion Finance, with an amendment in the nature ning, and construction of permanent facili- of certain non-Federal land in the Izembek of a substitute: ties for the GREAT project to reclaim, reuse, National Wildlife Refuge and the Alaska Pe- S. 3038. A bill to amend part E of title IV and treat impaired waters in the area of ninsula National Wildlife Refuge in the of the Social Security Act to extend the Oxnard, California. State of Alaska, and for other purposes. adoption incentives program, to authorize H.R. 1803. A bill to direct the Secretary of S. 1756. A bill to provide supplemental ex States to establish a relative guardianship the Interior to conduct a feasibility study to gratia compensation to the Republic of the program, to promote the adoption of chil- design and construct a four reservoir intertie Marshall Islands for impacts of the nuclear dren with special needs, and for other pur- system for the purposes of improving the testing program of the United States, and for poses (Rept. No. 110–467). water storage opportunities, water supply re- other purposes. By Mr. BINGAMAN, from the Committee liability, and water yield of San Vicente, El S. 1816. A bill to authorize the Secretary of on Energy and Natural Resources, with an Capitan, Murray, and Loveland Reservoirs in the Interior to establish a commemorative amendment in the nature of a substitute: San Diego County, California in consultation trail in connection with the Women’s Rights H.R. 29. A bill to authorize the Secretary of and cooperation with the City of San Diego National Historical Park to link properties the Interior to construct facilities to provide and the Sweetwater Authority, and for other that are historically and thematically asso- water for irrigation, municipal, domestic, purposes. ciated with the struggle for women’s suf- military, and other uses from the Santa Mar- H.R. 2246. A bill to provide for the release frage, and for other purposes. garita River, California, and for other pur- of any reversionary interest of the United S. 2093. A bill to amend the Wild and Sce- poses. States in and to certain lands in Reno, Ne- nic Rivers Act to designate a segment of the By Mr. BINGAMAN, from the Committee vada. Missisquoi and Trout Rivers in the State of on Energy and Natural Resources, without H.R. 2614. A bill to amend the Reclamation Vermont for study for potential addition to amendment: the National Wild and Scenic Rivers System. H.R. 31. A bill to amend the Reclamation Wastewater and Groundwater Study and Fa- cilities Act to authorize the Secretary of the S. 2156. A bill to authorize and facilitate Wastewater and Groundwater Study and Fa- the improvement of water management by cilities Act to authorize the Secretary of the Interior to participate in certain water projects in California. the Bureau of Reclamation, to require the Interior to participate in the Elsinore Valley Secretary of the Interior and the Secretary Municipal Water District Wildomar Service By Mr. BINGAMAN, from the Committee on Energy and Natural Resources, with an of Energy to increase the acquisition and Area Recycled Water Distribution Facilities analysis of water resources for irrigation, and Alberhill Wastewater Treatment and amendment in the nature of a substitute: H.R. 2632. A bill to establish the Sabinoso hydroelectric power, municipal, and environ- Reclamation Facility Projects. mental uses, and for other purposes. H.R. 236. A bill to authorize the Secretary Wilderness Area in San Miguel County, New Mexico, and for other purposes. By Mr. BINGAMAN, from the Committee of the Interior to create a Bureau of Rec- on Energy and Natural Resources, with an lamation partnership with the North Bay By Mr. BINGAMAN, from the Committee on Energy and Natural Resources, with an amendment: Water Reuse Authority and other regional S. 2255. A bill to amend the National Trails partners to achieve objectives relating to amendment: H.R. 3022. A bill to designate the John System Act to provide for studies of the water supply, water quality, and environ- Chisholm Trail and Great Western Trail to mental restoration. Krebs Wilderness in the State of California, to add certain land to the Sequoia-Kings determine whether to add the trails to the By Mr. BINGAMAN, from the Committee National Trails System, and for other pur- on Energy and Natural Resources, with an Canyon National Park Wilderness, and for other purposes. poses. amendment in the nature of a substitute: By Mr. BINGAMAN, from the Committee By Mr. BINGAMAN, from the Committee H.R. 813. A bill to amend the Reclamation on Energy and Natural Resources, with on Energy and Natural Resources, without Wastewater and Groundwater Study and Fa- amendments: cilities Act to authorize the Secretary of the amendment: S. 2354. A bill to direct the Secretary of the H.R. 3323. A bill to authorize the Secretary Interior to participate in the Prado Basin Interior to convey 4 parcels of land from the of the Interior to convey a water distribu- Natural Treatment System Project, to au- Bureau of Land Management to the city of tion system to the Goleta Water District, thorize the Secretary to carry out a program Twin Falls, Idaho. to assist agencies in projects to construct re- and for other purposes. By Mr. BINGAMAN, from the Committee gional brine lines in California, to authorize By Mr. BINGAMAN, from the Committee on Energy and Natural Resources, with an the Secretary to participate in the Lower on Energy and Natural Resources, with an amendment in the nature of a substitute: Chino Dairy Area desalination demonstra- amendment in the nature of a substitute: S. 2359. A bill to establish the St. Augus- tion and reclamation project, and for other H.R. 3473. A bill to provide for a land ex- tine 450th Commemoration Commission, and purposes. change with the City of Bountiful, Utah, infor other purposes. By Mr. BINGAMAN, from the Committee volving National Forest System land in the By Mr. BINGAMAN, from the Committee on Energy and Natural Resources, with an Wasatch-Cache National Forest and to fur- on Energy and Natural Resources, without amendment and an amendment to the title: ther land ownership consolidation in that amendment: H.R. 816. A bill to provide for the release of national forest, and for other purposes. S. 2448. A bill to amend the Surface Mining certain land from the Sunrise Mountain In- By Mr. BINGAMAN, from the Committee Control and Reclamation Act of 1977 to make stant Study Area in the State of Nevada and on Energy and Natural Resources, with certain technical corrections. to grant a right-of-way across the released amendments: By Mr. BINGAMAN, from the Committee land for the construction and maintenance of H.R. 3490. A bill to transfer administrative on Energy and Natural Resources, with a flood control project. jurisdiction of certain Federal lands from amendments: By Mr. BINGAMAN, from the Committee the Bureau of Land Management to the Bu- S. 2535. A bill to revise the boundary of the on Energy and Natural Resources, with an reau of Indian Affairs, to take such lands Martin Van Buren National Historic Site, amendment: into trust for Tuolumne Band of Me-Wuk In- and for other purposes.

VerDate Mar 15 2010 22:10 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\2008SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8854 CONGRESSIONAL RECORD — SENATE September 16, 2008 By Mr. BINGAMAN, from the Committee shed management program, and for other vention on the Physical Protection of Nu- on Energy and Natural Resources, without purposes. clear Material, adopted on July 8, 2005 (the amendment: S. 3088. A bill to designate certain land in ‘‘Amendment’’) (Treaty Doc. 110–6), subject S. 2561. A bill to require the Secretary of the State of Oregon as wilderness, and for to the reservation of section 2, the under- the Interior to conduct a theme study to other purposes. standings of section 3, and the declaration of identify sites and resources to commemorate S. 3089. A bill to designate certain land in section 4. and interpret the Cold War. the State of Oregon as wilderness, to provide Section 2. Reservation. The advice and S. 2779. A bill to amend the Surface Mining for the exchange of certain Federal land and consent of the Senate under section 1 is sub- Control and Reclamation Act of 1977 to clar- non-Federal land, and for other purposes. ject to the following reservation, which shall ify that uncertified States and Indian tribes By Mr. BINGAMAN, from the Committee be included in the instrument of ratification: have the authority to use certain payments on Energy and Natural Resources, without Consistent with Article 17(3) of the Con- for certain noncoal reclamation projects. amendment: vention on the Physical Protection of Nu- By Mr. BINGAMAN, from the Committee S. 3096. A bill to amend the National Cave clear a enal, the United States of America on Energy and Natural Resources, with an and Karst Research Institute Act of 1998 to declares that it does not consider itself amendment in the nature of a substitute: authorize appropriations for the National bound by Article 17(2) of the Convention on S. 2805. A bill to direct the Secretary of the Cave and Karst Research Institute. the Physical Protection of Nuclear Material Interior, acting through the Commissioner of By Mr. BINGAMAN, from the Committee with respect to disputes concerning the in- Reclamation, to assess the irrigation infra- on Energy and Natural Resources, with an terpretation or application of the Amend- structure of the Rio Grande Pueblos in the amendment and an amendment to the title: ment. State of New Mexico and provide grants to, S. 3158. A bill to extend the authority for Section 3. Understandings. The advice and and enter into cooperative agreements with, the Cape Cod National Seashore Advisory consent of the Senate under section 1 is sub- the Rio Grande Pueblos to repair, rehabili- Commission. ject to the following understandings, which tate, or reconstruct existing infrastructure, By Mr. BINGAMAN, from the Committee shall be included in the instrument of ratifi- and for other purposes. on Energy and Natural Resources, with an cation: From the Committee on Energy and Nat- amendment: (1) The United States of America under- ural Resources, with an amendment in the S. 3179. A bill to authorize the conveyance stands that the term ‘‘armed conflict’’ in nature of a substitute: of certain public land in the State of New Paragraph 5 of the Amendment (Article 2 of S. 2842. A bill to require the Secretary of Mexico owned or leased by the Department the Convention on the Physical Protection the Interior to carry out annual inspections of Energy, and for other purposes. of Nuclear Material, as amended) does not of canals, levees, tunnels, dikes, pumping By Mr. BINGAMAN, from the Committee include internal disturbances and tensions, plants, dams, and reservoirs under the juris- on Energy and Natural Resources, with an such as riots, isolated and sporadic acts of diction of the Secretary, and for other pur- amendment in the nature of a substitute: violence, and other acts of a similar nature. poses. S. 3189. A bill to amend Public Law 106–392 (2) The United States of America under- By Mr. BINGAMAN, from the Committee to require the Administrator of the Western stands that the term ‘‘international humani- on Energy and Natural Resources, with an Area Power Administration and the Commis- tarian law in Paragraph 5 of the Amendment amendment in the nature of a substitute: sioner of Reclamation to maintain sufficient (Article 2 of the Convention on the Physical S. 2875. A bill to authorize the Secretary of revenues in the Upper Colorado River Basin Protection of Nuclear Material, as amended) the Interior to provide grants to designated Fund, and for other purposes. has the same substantive meaning as the law By Mr. BINGAMAN, from the Committee States and tribes to carry out programs to of war. reduce the risk of livestock loss due to pre- on Energy and Natural Resources, with an (3) The United States of America under- dation by gray wolves and other predator amendment: stands that, pursuant to Paragraph 5 of the S. 3226. A bill to rename the Abraham Lin- species or to compensate landowners for live- Amendment (Article 2 of the Convention on coln Birthplace National Historic Site in the stock loss due to predation. the Physical Protection of Nuclear Material, State of Kentucky as the ‘‘Abraham Lincoln By Mr. BINGAMAN, from the Committee as amended), the Convention on the Physical Birthplace National Historical Park’’. on Energy and Natural Resources, with Protection of Nuclear Material, as amended, By Mr. BINGAMAN, from the Committee amendments: will not apply to: (a) the military forces of a on Energy and Natural Resources, without S. 2943. A bill to amend the National Trails State, which are the armed forces of a State System Act to designate the Pacific North- amendment: S. 3499. An original bill to protect innocent organized, trained, and equipped under its in- west National Scenic Trail. ternal law for the primary purpose of na- By Mr. BINGAMAN, from the Committee Americans from violent crime in national parks. tional defense or security, in the exercise of on Energy and Natural Resources, with an their official duties; (b) civilians who direct amendment in the nature of a substitute: f or organize the official activities of military S. 2974. A bill to provide for the construc- forces of a State; or (c) civilians acting in tion of the Arkansas Valley Conduit in the EXECUTIVE REPORTS OF COMMITTEE support of the official activities of the mili- State of Colorado. tary forces of a State, if the civilians are By Mr. BINGAMAN, from the Committee The following executive reports of under the formal command, control, and re- on Energy and Natural Resources, without committee were submitted on Sep- sponsibility of those forces. amendment: tember 16, 2008: Section 4. Declaration. The advice and con- S. 3010. A bill to reauthorize the Route 66 sent of the Senate under section 1 is subject Corridor Preservation Program. By Mr. BIDEN, from the Committee on Foreign Relations: to the following declaration: By Mr. BINGAMAN, from the Committee With the exception of the provisions that [Treaty Doc. 110–6 Amendment to Conven- on Energy and Natural Resources, with an obligate the United States to criminalize tion on Physical Protection of Nuclear Ma- amendment in the nature of a substitute: certain of enses, make those offenses punish- terial with 1 reservation, 3 understandings, S. 3011. A bill to amend the Palo Alto Bat- able by appropriate penalties, and authorize and 1 declaration (Ex. Rept. 110–24]; tlefield National Historic Site Act of 1991 to the assertion of jurisdiction over such of- expand the boundaries of the historic site, [Treaty Doc. 110–8 Protocols of 2005 to the fenses, this Amendment is self-executing. In- and for other purposes. Convention concerning Safety of Maritime cluded among the self-executing provisions S. 3017. A bill to designate the Beaver Navigation and to the Protocol concerning are those provisions obligating the United Basin Wilderness at Pictured Rocks National Safety of Fixed Platforms on the Conti- States to treat certain offenses as extra- Lakeshore in the State of Michigan. nental Shelf with reservations, under- ditable offenses for purposes of bilateral ex- S. 3045. A bill to establish the Kenai Moun- standings, and declarations (Ex. Rept. 110– tradition treaties. This Amendment does not tains-Turnagain Arm National Forest Herit- 25] and confer private rights enforceable in United age Area in the State of Alaska, and for [Treaty Doc. 106–1(A) The Hague Conven- States courts. other purposes. tion with 4 understandings and 1 declara- 110–8: PROTOCOLS OF 2005 TO THE CONVENTION S. 3051. A bill to authorize the Secretary of tion (Ex. Rept. 110–26)] the Interior to study the suitability and fea- CONCERNING SAFETY OF MARITIME NAVIGA- sibility of designating the site of the Battle The text of the committee-recommended TION AND TO THE PROTOCOL CONCERNING of Camden in South Carolina, as a unit of the resolutions of advice and consent to ratifica- SAFETY OF FIXED PLATFORMS ON THE CONTI- National Park System, and for other pur- tion are as follows: NENTAL SHELF poses. 110–6: AMENDMENT TO CONVENTION ON Resolved (two-thirds of the Senators present S. 3065. A bill to establish the Dominguez- PHYSICAL PROTECTION OF NUCLEAR MATERIAL concurring therein), Escalante National Conservation Area and Resolved (two-thirds of the Senators present Section 1. Senate Advice and Consent sub- the Dominguez Canyon Wilderness Area. concurring therein), ject to a reservation, understandings, and a S. 3069. A bill to designate certain land as Section 1. Senate Advice and Consent sub- declaration. wilderness in the State of California, and for ject to a reservation, understandings, and a The Senate advises and consents to the other purposes. declaration. ratification of the Protocol of 2005 to the S. 3085. A bill to require the Secretary of The Senate advises and consents to the Protocol for the Suppression of Unlawful the Interior to establish a cooperative water- ratification of the Amendment to the Con- Acts against the Safety of Fixed Platforms

VerDate Mar 15 2010 22:10 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\2008SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 16, 2008 CONGRESSIONAL RECORD — SENATE S8855 Located on the Continental Shelf, adopted able by appropriate penalties, and authorize Convention is self-executing. This Conven- on October 14, 2005, and signed on behalf of the assertion of jurisdiction over such of- tion does not confer private rights enforce- the United States of America on February fenses, the 2005 Fixed Platforms Protocol is able in United States courts. 17, 2006 (the ‘‘2005 Fixed Platforms Pro- self-executing. Included among the self-exe- f tocol’’) (Treaty Doc. 110–8), subject to the cuting provisions are those provisions obli- reservation of section 2, the understandings gating the United States to treat certain of- INTRODUCTION OF BILLS AND of section 3, and the declaration of section 4. fenses as extraditable offenses for purposes JOINT RESOLUTIONS Section 2. Reservation. The advice and of bilateral extradition treaties. None of the consent of the Senate under section 1 is sub- provisions of the 2005 Fixed Platforms Pro- The following bills and joint resolu- ject to the following reservation, which shall tocol, including those incorporating by ref- tions were introduced, read the first be included in the instrument of ratification: erence Articles 7 and 10 of the Convention for and second times by unanimous con- Consistent with Article 16(2) of the Con- the Suppression of Unlawful Acts against the sent, and referred as indicated: vention for the Suppression of Unlawful Acts Safety of Maritime Navigation, 2005, confer By Mr. STEVENS (for himself, Mr. against the Safety of Maritime Navigation, private rights enforceable in United States INOUYE, and Mr. SMITH): 2005, and incorporated by Article 2 of the 2005 courts. S. 3491. A bill to amend the Communica- Fixed Platforms Protocol, the United States 106–1(A): THE HAGUE CONVENTION tions Act of 1934 to improve the effectiveness of America declares that it does not consider of rural health care support under section itself bound by Article 16(1) of the Conven- Resolved (two-thirds of the Senators present 254(h) of that Act; to the Committee on Com- tion and incorporated by Article 2 of the 2005 concurring therein), merce, Science, and Transportation. Fixed Platforms Protocol, with respect to That the Senate advises and consents to By Mrs. LINCOLN (for herself, Mr. disputes concerning the interpretation or ap- the ratification of the Hague Convention for ROCKEFELLER, Ms. COLLINS, Ms. LAN- plication of the Protocol of 2005 to the Pro- the Protection of Cultural Property in the DRIEU, Mr. BAYH, Mr. CASEY, and Mr. tocol for the Suppression of Unlawful Acts Event of Armed Conflict (the Convention) JOHNSON): against the Safety of Fixed Platforms Lo- concluded on May 14, 1954, and entered into S. 3492. A bill to amend part E of title IV cated on the Continental Shelf. force on August 7, 1956 with accompanying Section 3. Understandings. The advice and report from the Department of State. of the Social Security Act to ensure States consent of the Senate under section 1 is sub- Resolved (two-thirds of the Senators present follow best policies and practices for sup- ject to the following understandings, which concurring therein), porting and retaining foster parents and to shall be included in the instrument of ratifi- Section 1. Senate Advice and Consent sub- require the Secretary of Health and Human cation: ject to understandings and a declaration. Services to award grants to States to im- (1) The United States of America under- The Senate advises and consents to the prove the empowerment, leadership, support, stands that the term ‘‘armed conflict’’ as ratification of the Hague Convention for the training, recruitment, and retention of fos- used in paragraph 2 of Article 2bis of the Protection of Cultural Property in the Event ter care, kinship care, and adoptive parents; Convention for the Suppression of Unlawful of Armed Conflict, concluded on May 14, 1954 to the Committee on Finance. Acts against the Safety of Maritime Naviga- (Treaty Doc. 106–1(A)), subject to the under- By Mrs. FEINSTEIN (for herself and tion, 2005, and incorporated by Article 2 of standings of section 2 and the declaration of Mrs. BOXER): the 2005 Fixed Platforms Protocol, does not section 3. S. 3493. A bill to require rail carriers to de- include internal disturbances and tensions, Section 2. Understandings. The advice and velop positive rail control system plans for such as riots, isolated and sporadic acts of consent of the Senate under section 1 is sub- improving railroad safety and to increase the violence, and other acts of a similar nature. ject to the following understandings, which civil penalties for railroad safety violations; (2) The United States of America under- shall be included in the instrument of ratifi- to the Committee on Commerce, Science, stands that the term ‘‘international humani- cation: and Transportation. tarian law,’’ as used in paragraphs 1 and 2 of (1) It is the understanding of the United By Mrs. BOXER: Article 2bis of the Convention for the Sup- States of America that ‘‘special protection,’’ S. 3494. A bill to restore the value of every pression of Unlawful Acts against the Safety as defined in Chapter II of the Convention, American in environmental decisions, and of Maritime Navigation, 2005, and incor- codifies customary international law in that for other purposes; to the Committee on En- porated by Article 2 of the 2005 Fixed Plat- it, first, prohibits the use of any cultural vironment and Public Works. forms Protocol, has the same substantive property to shield any legitimate military By Mrs. BOXER (for herself, Mrs. CLIN- meaning as the ‘‘law of war.’’ targets from attack and, second, allows all TON, Mr. CARDIN, and Mr. WHITE- (3) The United States of America under- property to be attacked using any lawful and HOUSE): stands that, pursuant to paragraph 2 of Arti- proportionate means, if required by military S. 3495. A bill to protect pregnant women cle 2bis of the Convention for the Suppres- necessity and notwithstanding possible col- and children from dangerous lead exposures; sion of Unlawful Acts against the Safety of lateral damage to such property. to the Committee on Environment and Pub- Maritime Navigation, 2005, and incorporated (2) It is the understanding of the United lic Works. by Article 2 of the 2005 Fixed Platforms Pro- States of America that any decision by any By Mrs. BOXER: tocol, the Protocol for the Suppression of military commander, military personnel, or S. 3496. A bill to address the health and Unlawful Acts against the Safety of Fixed any other person responsible for planning, economic development impact of nonattain- Platforms Located on the Continental Shelf, authorizing, or executing military action or ment of federally mandated air quality 2005, does not apply to: (a) the military other activities covered by this Convention standards in the San Joaquin Valley, Cali- forces of a State, which are the armed forces shall only be judged on the basis of that per- fornia, by designating air quality empower- of a State organized, trained, and equipped son’s assessment of the information reason- ment zones; to the Committee on Environ- under its internal law for the primary pur- ably available to the person at the time the ment and Public Works. pose of national defense or security, in the person planned, authorized, or executed the By Mrs. CLINTON: exercise of their official duties; (b) civilians action under review, and shall not be judged S. 3497. A bill to amend the Food and Nu- who direct or organize the official activities on the basis of information that comes to trition Act of 2008 to decrease the period of of military forces of a State; or (c) civilians light after the action under review was benefit ineligibility of certain adults due to acting in support of the official activities of taken. unemployment; to the Committee on Agri- the military forces of a State, if the civilians (3) It is the understanding of the United culture, Nutrition, and Forestry. are under the formal command, control, and States of America that the rules established By Mr. VOINOVICH (for himself, Mr. responsibility of those forces. by the Convention apply only to conven- BROWN, Mr. HARKIN, Mr. COCHRAN, (4) The United States of America under- tional weapons, and are without prejudice to Mr. VITTER, Mr. OBAMA, Mr. BAYH, stands that current United States law with the rules of international law governing and Mr. LUGAR): respect to the rights of persons in custody other types of weapons, including nuclear S. 3498. A bill to amend title 46, United and persons charged with crimes fulfills the weapons. States Code, to extend the exemption from requirement in paragraph 2 of Article 10 of (4) It is the understanding of the United the fire-retardant materials construction re- the Convention for the Suppression of Un- States of America that, as is true for all ci- quirement for vessels operating within the lawful Acts against the Safety of Maritime vilian objects, the primary responsibility for Boundary Line; to the Committee on Com- Navigation, 2005, and incorporated by Article the protection of cultural objects rests with merce, Science, and Transportation. 2 of the 2005 Fixed Platforms Protocol, and, the Party controlling that property, to en- By Mr. BINGAMAN: accordingly, the United States does not insure that it is properly identified and that it S. 3499. An original bill to protect innocent tend to enact new legislation to fulfill its ob- is not used for an unlawful purpose. Americans from violent crime in national ligations under this Article. Section 3. Declaration. The advice and con- parks; from the Committee on Energy and Section 4. Declaration. The advice and consent of the Senate under section 1 is subject Natural Resources; placed on the calendar. sent of the Senate under section 1 is subject to the following declaration: By Mr. LAUTENBERG (for himself, to the following declaration: With the exception of the provisions that Mrs. BOXER, Mr. VITTER, and Mr. With the exception of the provisions that obligate the United States to impose sanc- INHOFE): obligate the United States to criminalize tions on persons who commit or order to be S. 3500. A bill to amend the Federal Water certain offenses, make those offenses punish- committed a breach of the Convention, this Pollution Control Act and the Safe Drinking

VerDate Mar 15 2010 22:10 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\2008SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8856 CONGRESSIONAL RECORD — SENATE September 16, 2008 Water Act to improve water and wastewater and anaphylaxis in schools, to estab- Deputy Attorney General, to improve infrastructure in the United States; to the lish school-based food allergy manage- the Internet Crimes Against Children Committee on Environment and Public ment grants, and for other purposes. Task Force, to increase resources for Works. regional computer forensic labs, and to By Mr. FEINGOLD (for himself and S. 1243 Mrs. FEINSTEIN): At the request of Mr. KERRY, the make other improvements to increase S. 3501. A bill to ensure that Congress is name of the Senator from Iowa (Mr. the ability of law enforcement agencies notified when the Department of Justice de- HARKIN) was added as a cosponsor of S. to investigate and prosecute predators. termines that the Executive Branch is not 1243, a bill to amend title 10, United S. 2579 bound by a statute; to the Committee on the States Code, to reduce the age for re- At the request of Mr. INOUYE, the Judiciary. ceipt of military retired pay for non- names of the Senator from Rhode Is- By Mrs. CLINTON: S. 3502. A bill to provide for the establish- regular service from 60 years of age to land (Mr. WHITEHOUSE), the Senator ment of a task force to address the environ- 55 years of age. from West Virginia (Mr. ROCKEFELLER) mental health and safety risks posed to chil- S. 1328 and the Senator from Maryland (Ms. dren, and for other purposes; to the Com- At the request of Mr. LEAHY, the MIKULSKI) were added as cosponsors of mittee on Homeland Security and Govern- name of the Senator from Washington S. 2579, a bill to require the Secretary mental Affairs. (Ms. CANTWELL) was added as a cospon- of the Treasury to mint coins in rec- f sor of S. 1328, a bill to amend the Immi- ognition and celebration of the estab- SUBMISSION OF CONCURRENT AND gration and Nationality Act to elimi- lishment of the United States Army in SENATE RESOLUTIONS nate discrimination in the immigra- 1775, to honor the American soldier of tion laws by permitting permanent both today and yesterday, in wartime The following concurrent resolutions partners of United States citizens and and in peace, and to commemorate the and Senate resolutions were read, and lawful permanent residents to obtain traditions, history, and heritage of the referred (or acted upon), as indicated: lawful permanent resident status in United States Army and its role in By Mr. BIDEN (for himself, Mrs. CLIN- the same manner as spouses of citizens American society, from the colonial TON, Mr. KERRY, Ms. MIKULSKI, and and lawful permanent residents and to period to today. Ms. STABENOW): penalize immigration fraud in connec- S. 2639 S. Res. 662. A resolution raising the aware- tion with permanent partnerships. At the request of Mr. JOHNSON, the ness of the need for crime prevention in communities across the country and designating S. 1376 name of the Senator from New Jersey the week of October 2, 2008, through October At the request of Mr. BINGAMAN, the (Mr. MENENDEZ) was added as a cospon- 4, 2008, as ‘‘Celebrate Safe Communities’’ name of the Senator from New York sor of S. 2639, a bill to amend title 38, week; to the Committee on the Judiciary. (Mr. SCHUMER) was added as a cospon- United States Code, to provide for an By Mr. HAGEL: sor of S. 1376, a bill to amend the Pub- assured adequate level of funding for S. Con. Res. 99. A concurrent resolution lic Health Service Act to revise and ex- veterans health care. honoring the University of Nebraska at S. 2668 Omaha for its 100 years of commitment to pand the drug discount program under higher education; to the Committee on section 340B of such Act to improve the At the request of Mr. ENSIGN, the Health, Education, Labor, and Pensions. provision of discounts on drug pur- name of the Senator from Wyoming f chases for certain safety net provides. (Mr. ENZI) was added as a cosponsor of S. 1514 S. 2668, a bill to amend the Internal ADDITIONAL COSPONSORS At the request of Mr. DODD, the name Revenue Code of 1986 to remove cell S. 211 of the Senator from North Dakota (Mr. phones from listed property under sec- At the request of Mrs. CLINTON, the DORGAN) was added as a cosponsor of S. tion 280F. name of the Senator from New York 1514, a bill to revise and extend provi- S. 2817 (Mr. SCHUMER) was added as a cospon- sions under the Garrett Lee Smith Me- At the request of Mr. SALAZAR, the sor of S. 211, a bill to facilitate nation- morial Act. name of the Senator from Florida (Mr. wide availability of 2-1-1 telephone S. 1556 NELSON) was added as a cosponsor of S. service for information and referral on At the request of Mr. SMITH, the 2817, a bill to establish the National human services. volunteer services, and name of the Senator from California Park Centennial Fund, and for other for other purposes. (Mrs. FEINSTEIN) was added as a co- purposes. S. 625 sponsor of S. 1556, a bill to amend the S. 2970 At the request of Mr. REID, the name Internal Revenue Code of 1986 to extend At the request of Mr. REID, the name of the Senator from Missouri (Mrs. the exclusion from gross income for of the Senator from California (Mrs. MCCASKILL) was added as a cosponsor employer-provided health coverage to BOXER) was added as a cosponsor of S. of S. 625, a bill to protect the public designated plan beneficiaries of em- 2970, a bill to enhance the ability of health by providing the Food and Drug ployees, and for other purposes. drinking water utilities in the United Administration with certain authority S. 1627 States to develop and implement cli- to regulate tobacco products. At the request of Mrs. LINCOLN, the mate change adaptation programs and S. 826 name of the Senator from Connecticut policies, and for other purposes. At the request of Mr. MENENDEZ, the (Mr. LIEBERMAN) was added as a co- S. 3038 names of the Senator from Wyoming sponsor of S. 1627, a bill to amend the At the request of Mr. GRASSLEY, the (Mr. ENZI) and the Senator from Wash- Internal Revenue Code of 1986 to extend name of the Senator from Nebraska ington (Ms. CANTWELL) were added as and expand the benefits for businesses (Mr. NELSON) was added as a cosponsor cosponsors of S. 826, a bill to post- operating in empowerment zones, en- of S. 3038, a bill to amend part E of humously award a Congressional gold terprise communities, or renewal com- title IV of the Social Security Act to medal to Alice Paul, in recognition of munities, and for other purposes. extend the adoption incentives pro- her role in the women’s suffrage move- S. 1738 gram, to authorize States to establish ment and in advancing equal rights for At the request of Mr. BIDEN, the a relative guardianship program, to women. names of the Senator from Michigan promote the adoption of children with S. 1232 (Ms. STABENOW), the Senator from Wis- special needs, and for other purposes. At the request of Mr. DODD, the name consin (Mr. KOHL), the Senator from S. 3140 of the Senator from Oregon (Mr. Delaware (Mr. CARPER), the Senator At the request of Mr. WEBB, the name WYDEN) was added as a cosponsor of S. from Nebraska (Mr. HAGEL) and the of the Senator from Connecticut (Mr. 1232, a bill to direct the Secretary of Senator from Rhode Island (Mr. REED) LIEBERMAN) was added as a cosponsor Health and Human Services, in con- were added as cosponsors of S. 1738, a of S. 3140, a bill to provide that 4 of the sultation with the Secretary of Edu- bill to establish a Special Counsel for 12 weeks of parental leave made avail- cation, to develop a voluntary policy Child Exploitation Prevention and able to a Federal employee shall be for managing the risk of food allergy Interdiction within the Office of the paid leave, and for other purposes.

VerDate Mar 15 2010 22:10 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\2008SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 16, 2008 CONGRESSIONAL RECORD — SENATE S8857 S. 3237 ator from Mississippi (Mr. WICKER), the ment of Energy, to prescribe military At the request of Mr. CASEY, the Senator from Colorado (Mr. SALAZAR), personnel strengths for such fiscal name of the Senator from Arkansas the Senator from Minnesota (Ms. KLO- year, and for other purposes. (Mrs. LINCOLN) was added as a cospon- BUCHAR), the Senator from Hawaii (Mr. AMENDMENT NO. 5445 sor of S. 3237, a bill to assist volunteer INOUYE), the Senator from Hawaii (Mr. At the request of Mr. BAYH, the name fire companies in coping with the pre- AKAKA), the Senator from Nebraska of the Senator from Ohio (Mr. BROWN) cipitous rise in fuel prices. (Mr. NELSON) and the Senator from was added as a cosponsor of amend- S. 3266 Montana (Mr. TESTER) were added as ment No. 5445 intended to be proposed At the request of Mr. WARNER, the cosponsors of S. 3356, a bill to require to S. 3001, an original bill to authorize name of the Senator from Alabama the Secretary of the Treasury to mint appropriations for fiscal year 2009 for (Mr. SESSIONS) was added as a cospon- coins in commemoration of the legacy military activities of the Department sor of S. 3266, a bill to require Congress of the United States Army Infantry of Defense, for military construction, and Federal departments and agencies and the establishment of the National and for defense activities of the De- to reduce the annual consumption of Infantry Museum and Soldier Center. partment of Energy, to prescribe mili- gasoline of the Federal Government. S. 3389 tary personnel strengths for such fiscal S. 3277 At the request of Mr. SCHUMER, the year, and for other purposes. names of the Senator from Vermont At the request of Mr. MENENDEZ, the AMENDMENT NO. 5493 name of the Senator from Maine (Ms. (Mr. LEAHY) and the Senator from Con- At the request of Ms. MIKULSKI, her SNOWE) was added as a cosponsor of S. necticut (Mr. LIEBERMAN) were added name and the name of the Senator 3277, a bill to amend title 31 of the as cosponsors of S. 3389, a bill to re- from Maryland (Mr. CARDIN) were United States Code to require that quire, for the benefit of shareholders, added as cosponsors of amendment No. Federal children’s programs be sepa- the disclosure of payments to foreign 5493 intended to be proposed to S. 3001, rately displayed and analyzed in the governments for the extraction of nat- an original bill to authorize appropria- President’s budget. ural resources, to allow such share- tions for fiscal year 2009 for military holders more appropriately to deter- S. 3311 activities of the Department of De- mine associated risks. At the request of Mr. DURBIN, the fense, for military construction, and S. 3429 name of the Senator from North Da- for defense activities of the Depart- kota (Mr. DORGAN) was added as a co- At the request of Mr. SCHUMER, the ment of Energy, to prescribe military sponsor of S. 3311, a bill to amend the names of the Senator from Montana personnel strengths for such fiscal Public Health Service Act to improve (Mr. TESTER), the Senator from Wash- year, and for other purposes. mental and behavioral health services ington (Mrs. MURRAY) and the Senator AMENDMENT NO. 5499 on college campuses. from Delaware (Mr. BIDEN) were added At the request of Mr. WEBB, the S. 3344 as cosponsors of S. 3429, a bill to amend names of the Senator from Maryland At the request of Mr. COBURN, the the Internal Revenue Code to provide (Mr. CARDIN), the Senator from Ne- name of the Senator from Arizona (Mr. for an increased mileage rate for chari- braska (Mr. HAGEL) and the Senator KYL) was added as a cosponsor of S. table deductions. from Rhode Island (Mr. REED) were 3344, a bill to defend against child ex- S. 3458 added as cosponsors of amendment No. ploitation and child pornography At the request of Mr. BUNNING, the 5499 intended to be proposed to S. 3001, through improved Internet Crimes name of the Senator from Louisiana an original bill to authorize appropria- Against Children task forces and en- (Mr. VITTER) was added as a cosponsor tions for fiscal year 2009 for military hanced tools to block illegal images, of S. 3458, a bill to prohibit golden activities of the Department of De- and to eliminate the unwarranted re- parachute payments for former execu- fense, for military construction, and lease of convicted sex offenders. tives and directors of Fannie Mae and Freddie Mac. for defense activities of the Depart- S. 3356 ment of Energy, to prescribe military S. 3474 At the request of Mr. ISAKSON, the personnel strengths for such fiscal At the request of Mr. CARPER, the names of the Senator from Arizona year, and for other purposes. (Mr. KYL), the Senator from Kentucky names of the Senator from Maine (Ms. AMENDMENT NO. 5509 (Mr. BUNNING), the Senator from Or- COLLINS) and the Senator from Min- egon (Mr. SMITH), the Senator from nesota (Mr. COLEMAN) were added as co- At the request of Mr. BAYH, the Wyoming (Mr. ENZI), the Senator from sponsors of S. 3474, a bill to amend title names of the Senator from Nebraska Indiana (Mr. LUGAR), the Senator from 44, United States Code, to enhance in- (Mr. NELSON), the Senator from Rhode Tennessee (Mr. CORKER), the Senator formation security of the Federal Gov- Island (Mr. WHITEHOUSE), the Senator from Idaho (Mr. CRAIG), the Senator ernment, and for other purposes. from North Carolina (Mrs. DOLE), the from Alaska (Mr. STEVENS), the Sen- AMENDMENT NO. 5327 Senator from Delaware (Mr. BIDEN), ator from Utah (Mr. HATCH), the Sen- At the request of Mr. CHAMBLISS, the the Senator from Michigan (Ms. STABE- ator from Oklahoma (Mr. INHOFE), the name of the Senator from Iowa (Mr. NOW), the Senator from Pennsylvania Senator from Oklahoma (Mr. COBURN), HARKIN) was added as a cosponsor of (Mr. CASEY), the Senator from New the Senator from North Carolina (Mr. amendment No. 5327 intended to be pro- Mexico (Mr. BINGAMAN), the Senator BURR), the Senator from Alabama (Mr. posed to S. 3001, an original bill to au- from Vermont (Mr. SANDERS), the Sen- SHELBY), the Senator from North Caro- thorize appropriations for fiscal year ator from Illinois (Mr. DURBIN) and the lina (Mrs. DOLE), the Senator from 2009 for military activities of the De- Senator from Connecticut (Mr. DODD) Ohio (Mr. VOINOVICH), the Senator from partment of Defense, for military con- were added as cosponsors of amend- Kentucky (Mr. MCCONNELL), the Sen- struction, and for defense activities of ment No. 5509 intended to be proposed ator from Maine (Ms. COLLINS), the the Department of Energy, to prescribe to S. 3001, an original bill to authorize Senator from Alaska (Ms. MURKOWSKI), military personnel strengths for such appropriations for fiscal year 2009 for the Senator from South Carolina (Mr. fiscal year, and for other purposes. military activities of the Department DEMINT), the Senator from South Da- AMENDMENT NO. 5444 of Defense, for military construction, kota (Mr. THUNE), the Senator from At the request of Mr. WARNER, the and for defense activities of the De- Wyoming (Mr. BARRASSO), the Senator name of the Senator from California partment of Energy, to prescribe mili- from Maine (Ms. SNOWE), the Senator (Mrs. FEINSTEIN) was added as a co- tary personnel strengths for such fiscal from Pennsylvania (Mr. SPECTER), the sponsor of amendment No. 5444 in- year, and for other purposes. Senator from Colorado (Mr. ALLARD), tended to be proposed to S. 3001, an AMENDMENT NO. 5510 the Senator from New Hampshire (Mr. original bill to authorize appropria- At the request of Mr. WHITEHOUSE, GREGG), the Senator from Kansas (Mr. tions for fiscal year 2009 for military his name was added as a cosponsor of ROBERTS), the Senator from New activities of the Department of De- amendment No. 5510 intended to be pro- Hampshire (Mr. SUNUNU), the Senator fense, for military construction, and posed to S. 3001, an original bill to au- from Virginia (Mr. WARNER), the Sen- for defense activities of the Depart- thorize appropriations for fiscal year

VerDate Mar 15 2010 22:10 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\2008SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8858 CONGRESSIONAL RECORD — SENATE September 16, 2008 2009 for military activities of the De- to increase the civil penalties for rail- California that runs from Sacramento partment of Defense, for military con- road safety violations; to the Com- all the way down to Los Angeles. Now, struction, and for defense activities of mittee on Commerce, Science, and people aren’t going to ride these trains the Department of Energy, to prescribe Transportation. unless they know they are safe, and we military personnel strengths for such Mrs. FEINSTEIN. Mr. President, I have an obligation, I believe, to pro- fiscal year, and for other purposes. make these remarks on behalf of my vide that safety. AMENDMENT NO. 5520 friend and colleague, Senator BOXER. I am sorry to have to say this, but At the request of Mr. KERRY, the She and I are cosponsoring legislation, southern California has the most high- name of the Senator from Maryland which I will send to the desk at the end risk track in America. The majority of Metrolink’s 388 miles of track, which (Mr. CARDIN) was added as a cosponsor of my remarks. of amendment No. 5520 intended to be On Friday, at 4:30 p.m., a Union Pa- crosses six counties, believe it or not, proposed to S. 3001, an original bill to cific freight train and a Metrolink is shared with freight trains. This is authorize appropriations for fiscal year commuter train, loaded with 225 com- untenable. Let me ask a question: How can you 2009 for military activities of the De- muters, leaving Los Angeles and trav- put commuter trains, passenger trains, partment of Defense, for military con- eling north through the San Fernando on the same track as freight trains struction, and for defense activities of Valley, in the Chatsworth area, col- going in opposite directions with noth- the Department of Energy, to prescribe lided on a single track. The collision took place at about 40 miles an hour ing more than a couple of signals that military personnel strengths for such can be missed, and have been missed, fiscal year, and for other purposes. for each train. The engine of the Metrolink train was rammed two- to avert disaster? AMENDMENT NO. 5541 thirds through the first car of the Again, over the years, the railroad At the request of Mrs. FEINSTEIN, the Metrolink train. Here it is. Here is the resisted, saying these systems are too name of the Senator from Florida (Mr. Union Pacific engine and this mess is expensive. Well, how expensive is the MARTINEZ) was added as a cosponsor of the Metrolink engine and it rammed loss of human life? The cost of any sys- amendment No. 5541 intended to be pro- two-thirds through the first car. Thus tem doesn’t come close to the cost of posed to S. 3001, an original bill to au- far, 26 people are dead. Some were dis- the lives that were lost this past Fri- thorize appropriations for fiscal year membered by the crash, some bodies day and that will likely be lost in the 2009 for military activities of the De- had to be removed in a dismembered future. partment of Defense, for military con- To date, positive train control has state from the train. There are 138 peo- struction, and for defense activities of been put to use only in limited areas, ple in the hospital, 40 of them in crit- the Department of Energy, to prescribe including, as I said, parts of the North- ical condition, and more deaths could military personnel strengths for such east and Chicago and Detroit. Nine well take place. railroads in at least 16 States have fiscal year, and for other purposes. This accident happened because of a these positive control projects, but AMENDMENT NO. 5550 resistance in the railroad community California is not one of them. Why, I At the request of Mr. DOMENICI, the in America to utilizing existing tech- ask. It is critical, particularly when— names of the Senator from Kentucky nology to produce a fail-safe control of given the element of human error, (Mr. BUNNING) and the Senator from trains to avoid colliding with each which we may well see in this in- Idaho (Mr. CRAPO) were added as co- other and to avoid one train from stance—it may well have been a cell sponsors of amendment No. 5550 in- crashing into the rear of another. Both phone that was in use at the time of tended to be proposed to S. 3001, an of these have happened in the past. Yet original bill to authorize appropria- the accident by the engineer. today there is no requirement for a Let me tell you what sort of hours tions for fiscal year 2009 for military safe control of track and train. activities of the Department of De- this engineer works. He works 5 days a The House has passed a bill reauthor- week, and it is an 11-hour day. It is a fense, for military construction, and izing the Federal Railroad Administra- for defense activities of the Depart- split shift of 15 hours. Let me explain. tion. The Senate has passed a bill reau- He is due at work at 6 in the morning. ment of Energy, to prescribe military thorizing the Federal Railroad Admin- He works until late morning, and then personnel strengths for such fiscal istration. They both have provisions, he has 4 hours off but returns to work year, and for other purposes. although they are different, for safe from 3 p.m. to 9 p.m. That is an 11-hour AMENDMENT NO. 5581 train control in these bills. But noth- day in an engine on high alert in major At the request of Mr. DODD, the ing has happened. The bills have not populated areas. He performs a critical names of the Senator from Massachu- been conferenced. This must stop. function, and he does it on an 11-hour setts (Mr. KERRY), the Senator from Let me point out for a minute how workday on a split shift. I think that is Wisconsin (Mr. FEINGOLD), the Senator positive train control works. Every untenable. from Vermont (Mr. LEAHY), the Sen- train’s position is tracked through The NTSB, the National Transpor- ator from Wyoming (Mr. ENZI), the global positioning, which is new tech- tation Safety Board, has pushed again Senator from North Dakota (Mr. DOR- nology that can monitor its location and again for positive train control GAN), the Senator from Iowa (Mr. HAR- and speed. These systems constantly systems, particularly after a deadly KIN) and the Senator from Arkansas watch for excessive speed, improperly crash in my own State in Orange Coun- (Mrs. LINCOLN) were added as cospon- aligned switches, whether trains are on ty in 2002. Three people died and two sors of amendment No. 5581 intended to the wrong track, unauthorized train hundred sixty were injured. In the Or- be proposed to S. 3001, an original bill movements, and whether trains have ange County crash, the National Trans- to authorize appropriations for fiscal missed signals to slow or stop. Each portation Safety Board concluded that year 2009 for military activities of the train also has equipment on board that a Burlington Northern engineer and a Department of Defense, for military can take over from the engineer if the conductor were talking to each other. construction, and for defense activities train doesn’t comply with the safety They failed to see a yellow warning of the Department of Energy, to pre- signals. The system will override the light telling them to slow down. I scribe military personnel strengths for engineer and automatically put on the think that same thing has happened such fiscal year, and for other pur- brakes. These systems exist and are in again. Their freight train slammed into poses. use today. They are in place in the Chi- a Metrolink commuter train that had f cago-Detroit corridor and in the North- stopped on the same track. east corridor. But the railroad industry Now, we know that positive, or safe, STATEMENTS ON INTRODUCED resists them. train control would prevent 40 to 60 ac- BILLS AND JOINT RESOLUTIONS I believe rail in America has a very cidents a year, 7 fatalities, and 55 inju- By Mrs. FEINSTEIN (for herself real future. California believes it has a ries a year. So why hasn’t it been put and Mrs. BOXER): very real future. As a matter of fact, in in place? I actually believe it is neg- S. 3493. A bill to require rail carriers 5 weeks, California has on the ballot a ligence, and I will even go as far to say to develop positive rail control system $10 billion bond issue to create a high- I believe it is criminal negligence not plans for improving railroad safety and speed rail spine down the center of to do so.

VerDate Mar 15 2010 22:10 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\2008SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 16, 2008 CONGRESSIONAL RECORD — SENATE S8859 The report also concluded that posi- emption from the fire-retardant mate- terpretation than OLC, the court’s in- tive train control could have prevented rials construction requirement for ves- terpretation would prevail—but many a fatal collision in Graniteville, SC, in sels operating within the Boundary OLC opinions address matters that 2005. In this accident, a rail employee Line; to the Committee on Commerce, courts never have the chance to decide. failed to properly align a track switch. Science, and Transportation. On those matters, OLC essentially As a result, several cars derailed, dead- Mr. VOINOVICH. Mr. President, I ask steps into the role of the courts as the ly chlorine gases escaped, and nine peo- unanimous consent that the text of the final interpreter of the law. In the ple died. bill be printed in the RECORD. words of Jack Goldsmith, former head Cost is used as the reason not to do There being no objection, the text of of OLC under President Bush: ‘‘These this, but I ask: How can we afford not the bill was ordered to be printed in executive branch precedents are ‘law’ to do it, whatever the cost? How many the RECORD, as follows: for the executive branch.’’ accidents does it take? How many S. 3498 OLC opinions are ‘‘law’’ in another deaths does it take? How many injuries Be it enacted by the Senate and House of Rep- sense as well. Attorney General does it take? Experts estimate that the resentatives of the United States of America in Mukasey has stated that DOJ will not cost is about $2.3 billion to install safe, Congress assembled, prosecute a government actor for technological train controls on 100,000 SECTION 1. EXTENSION OF EXEMPTION. criminal conduct if he or she relied on miles of track around the United Section 3503(a) of title 46, United States an OLC opinion. Thus, even if a court States—high priority track. Code, is amended by striking ‘‘2008’’ and in- overturns OLC’s interpretation, the Today, my colleague, Senator BOXER, serting ‘‘2018’’. opinion may grant retroactive immu- and I are introducing legislation which nity for past violations of the law—ef- takes the strongest parts of the House By Mr. FEINGOLD (for himself fectively amending the law that ex- and Senate bills and beefs them up. and Mrs. FEINSTEIN): isted at the time of the criminal act. This legislation would require positive S. 3501. A bill to ensure that Congress The Bush administration has relied safe train controls for major freight is notified when the Department of heavily on secret OLC opinions in a and passenger lines. By 2012, areas de- Justice determines that the Executive broad range of matters involving core clared as high risk by the Department Branch is not bound by a statute; to constitutional rights and civil lib- of Transportation must run with posi- the Committee on the Judiciary. erties. The administration’s policies on tive train control systems. Railroads Mr. FEINGOLD. Mr. President, today interrogation of detainees were justi- would be required to develop plans to I am introducing, along with the senior fied by OLC opinions that were with- implement these controls within 1 year Senator from California, Senator FEIN- held from Congress and the public for of enactment of the legislation. These STEIN, the OLC Reporting Act of 2008. several years. The President’s plans must be submitted to the Sec- In short, the bill would require the At- warrantless wiretapping program was retary of Transportation also within 1 torney General to report to Congress justified by OLC opinions that, to this year of enactment. It sets a deadline of when the Department of Justice issues day, have been seen only by a select December 31, 2014, for safe rail control a legal opinion concluding that the ex- few Members of Congress. And, when it to be in place on all major freight and ecutive branch is not bound by a stat- was finally made public this year, the passenger lines in America. It would be ute. Along with the Executive Order March 2003 memorandum on torture mandatory, and it would require pen- Integrity Act of 2008, which I intro- written by John Yoo was filled with alties for noncompliance, with fines of duced in July with the junior Senator references to other OLC memos that up to $100,000 per violation. from Rhode Island, Senator WHITE- Congress and the public have never Passenger rail will not succeed in HOUSE, this bill takes an important seen—on subjects ranging from the this country unless public safety is step toward curbing the executive Government’s ability to detain U.S. guaranteed. Again, on Friday, these branch’s reliance on secret law. citizens without congressional author- trains hit at 40 miles per hour. What The principle behind this bill is ization to the Government’s ability to happens when trains pile into each straightforward. It is a basic tenet of operate outside the Fourth Amend- other at 120 miles per hour? democratic government that the people ment in domestic military operations. I have asked the majority leader to have a right to know the law. The very The few opinions whose content has include this in the continuing resolu- notion of ‘‘secret law’’ has been de- been made public share a notable char- tion. I don’t know whether he will—I scribed in court opinions and law trea- acteristic: the conclusion that various think it is a remote possibility—but I tises as ‘‘repugnant’’ and ‘‘an abomina- laws enacted by Congress do not apply do believe we need to get this moving tion.’’ That’s why the laws passed by to the conduct of the executive branch. right now. Congress have historically been mat- The 2003 Yoo torture memo took the Once again, look at this. When we ters of public record. alarming position that the executive know there is global positioning that But the law that applies in this coun- branch was not bound by the criminal can be in place to shut down the try includes more than just statutes. It statute prohibiting torture when inter- freight train and the passenger train includes regulations, the controlling rogating detainees. Likewise, accord- before they run into each other and we legal interpretations of the executive ing to congressional testimony of do nothing about it, then I believe this branch and the courts, and certain former OLC head Steve Bradbury, the body is also culpable and negligent. Presidential directives. As we learned President’s warrantless wiretapping Mr. President, if I might, I send this at a hearing of the Judiciary Commit- program was supported by OLC opin- legislation to the desk with a plea that tee’s Constitution Subcommittee that I ions claiming that the President’s it be enacted right away, with a plea chaired in April, this body of executive wiretapping authority was not limited that we get the planning moving, with and judicial law is increasingly being by the constraints of the Foreign Intel- a plea that we get 100,000 miles of high- kept secret from the public, and too ligence Surveillance Act. The titles of priority track equipped with global po- often from Congress as well. Perhaps other OLC opinions referenced in the sitioning so this never again can hap- the most troubling recent example of Yoo memo strongly suggest that other pen in a high-priority passenger-freight secret law is the elaborate legal regime statutory constraints have been dis- train area where the trains are trav- constructed by DOJ’s Office of Legal posed of in a similar manner. eling on the same track. If we don’t do Counsel to justify controversial admin- The secrecy of these opinions cannot it, it is going to happen again. istration policies that operate outside be justified or explained away by a the framework of statutory law. wholesale claim of privilege. To be By Mr. VOINOVICH (for himself, An opinion issued by OLC is not just sure, there are sound arguments for Mr. BROWN, Mr. HARKIN, MR. a piece of legal advice, such as the ad- shielding from public disclosure delib- COCHRAN, Mr. VITTER, Mr. vice individuals or corporations might erations among OLC lawyers, as well as OBAMA, Mr. BAYH, and Mr. solicit from their lawyers. An OLC final OLC opinions that are not adopt- LUGAR): opinion binds the entire executive ed as the basis for an executive branch S. 3498. A bill to amend title 46, branch, just like the ruling of a court. policy. But once a final OLC opinion is United States Code, to extend the ex- If a court were to reach a different in- issued and adopted by an executive

VerDate Mar 15 2010 22:10 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\2008SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8860 CONGRESSIONAL RECORD — SENATE September 16, 2008 branch agency or official, that opinion geted bill—one that would allow Con- These reporting requirements are ac- is no longer mere legal advice or a de- gress to be sufficiently informed when companied by several provisions to en- liberative document—it is effectively OLC purports to release the executive sure scrupulous respect for executive the law. Indeed, in his testimony before branch from the strictures of a statute, privileges and prerogatives. The Attor- the Constitution Subcommittee in without encroaching on the institu- ney General would not be required to April, the Deputy Assistant Attorney tional interests, prerogatives, and disclose the OLC opinion itself, as long General for OLC acknowledged that the privileges of OLC. We took great pains as the report to Congress includes the confidentiality interest in OLC opin- to ensure that an appropriate balance information already required under 28 ions is ‘‘completely different’’ for opin- of power was maintained between the U.S.C. 530D whenever DOJ decides not ions that have been implemented as legislative and executive branches. The to enforce or defend a statute—namely, policy, and that such opinions should result is an approach that is narrowly a complete and detailed statement of be made public ‘‘as fast as possible.’’ tailored and eminently reasonable. the relevant issues and background. The Supreme Court expressed the same The bill adds a new disclosure re- Furthermore, the bill leaves intact sec- sentiment in legal terms, holding that quirement to 28 U.S.C. 530D, the statu- tion 530D’s provision allowing the At- ‘‘opinions and interpretations which tory provision that requires the Attor- torney General to exclude privileged embody [an] agency’s effective law and ney General to report to Congress if information from the statement; the policy’’ are not privileged, precisely be- DOJ decides not to enforce or defend a only information that could not be ex- statute on the ground that it is uncon- cause agencies otherwise would be op- cluded is the date of the opinion, the stitutional. Under the bill, the Attor- erating under ‘‘secret law.’’ statute at issue, and which of the four ney General must also report to Con- There is an even stronger interest in reporting categories the opinion falls gress under four circumstances. These disclosure when an OLC opinion con- within. No report would be required if circumstances represent the means by cludes that the executive branch is not officials expressly declined to adopt or which OLC is most likely to exempt bound by a Federal statute. In such act on the opinion, thus protecting the executive branch from the reach of cases, the executive branch is no longer from disclosure opinions that are truly a statute, in those areas where Con- operating according to the rules that advisory in nature. are on the books, and there is truly a gress has the greatest interest in The bill also protects the security of separate—and sometimes conflicting— knowing about it. classified information. Information regime of secret law. Moreover, Con- First, a report is required if DOJ that could harm the national security gress has an obvious institutional in- issues an opinion that concludes that a if disclosed publicly could be provided terest in knowing when DOJ opines Federal statute is unconstitutional. to Congress in a classified annex. Clas- that the executive branch is not bound Current law requires reporting only sified information involving intel- by a statute, and the reasons for that when DOJ decides not to defend or en- ligence activities would be reported opinion. If DOJ concludes that a stat- force a statute, which does not necessarily reach cases in which an agency only to the Intelligence and Judiciary ute is unconstitutional, Congress may policy conflicts with a statute but DOJ Committees—or, under appropriate cir- wish to challenge this position, or it is not presented with the opportunity cumstances, a more narrow ‘‘Gang of may decide to simply rewrite the law for an enforcement action. Twelve,’’ to parallel the more limited to avoid the perceived constitutional Second, a report is required if DOJ disclosure provisions of the National problem. Similarly, if DOJ concludes relies on the so-called ‘‘doctrine of con- Security Act. that Congress did not intend for a stat- stitutional avoidance’’ and cites Arti- ute to apply to the executive branch, The bill’s targeted focus and careful cle II or the separation of powers—in preservation of executive prerogatives then Congress should have the oppor- other words, if DOJ determines that tunity to assess this conclusion and re- has earned it the support of former of- applying a statute to executive branch ficials from both the Clinton and Bush vise the law if necessary to make its officials would raise constitutional intent clear. None of this can happen Administrations. Former head of OLC, problems. Regardless of the validity of Dawn Johnsen, and former counsel to when Congress is denied access to the this determination, the effect is to ex- opinion. President Bush, Bradford Berenson, empt executive branch officials from have written a joint letter endorsing Recognizing Congress’s strong inter- the statute’s reach—a result that Con- est in knowing when DOJ takes issue the bill. In their words: ‘‘[W]e believe gress should know about. [the bill] strikes a sensible and con- with its enactments, current law re- Third, a report is required if DOJ requires the Attorney General to report stitutionally sound accommodation be- lies on a ‘‘legal presumption’’ against tween the executive branch’s need to to Congress when DOJ decides that it applying a statute to the executive have candid legal advice, to protect na- will not enforce or defend a statute be- branch. For example, the Yoo torture tional security information, and to cause the statute is unconstitutional. memo relied on the legal presumption avoid being overburdened by overly in- This reporting provision, however, does that laws of general applicability, such trusive reporting requirements and the not reach situations in which OLC as those prohibiting torture, do not legislative branch’s need to know the stops short of declaring a statute un- apply to the conduct of the military manner in which its laws are inter- constitutional, and instead construes during wartime. The criterion of a preted.’’ They write that enacting this the statute not to apply to the execu- ‘‘legal presumption’’ serves to keep the bill ‘‘would have the effect of enhanc- tive branch in order to avoid a finding reporting requirement narrowly tai- ing democratic accountability and the of unconstitutionality. At the hearing lored: it captures situations in which I chaired on secret law, Dawn Johnsen, the executive branch is exempted from rule of law.’’ I ask unanimous consent who served as the head of OLC for 2 a statute categorically, without requir- to place this letter in the record along years under President Clinton, testified ing reporting in more run-of-the-mill with my statement. that the law should be amended to re- cases where a particular executive ac- Of course, the bill does not represent quire reporting to Congress in these tion simply does not fall within the a perfect or complete solution to the situations as well. Bradford Berenson, statute. problem of secret law. For example, it former counsel to President Bush from Fourth, a report is required if DOJ would not reach the now-infamous OLC 2001–2003, agreed with this modest pro- determines that a statute has been su- conclusion that the infliction of pain posal. perseded by a later enactment, when does not constitute ‘‘torture’’ unless it The bill that Senator FEINSTEIN and I the later enactment does expressly say approaches the level associated with are introducing today grew out of this so. This provision would address situa- ‘‘death, organ failure, or serious im- bipartisan agreement. It was drafted tions like OLC’s conclusion that the pairment of body functions’’—an inter- with the substantial assistance and Authorization for Use of Military pretation that effectively exempted the input of Johnsen, Berenson, and an im- Force superseded the constraints of the executive branch from the full scope of pressive group of some of the finest at- Foreign Intelligence Surveillance Act. the anti-torture statute. Moreover, torneys to serve in OLC in past years, In such cases, reporting to Congress under the provisions of the bill allow- many of whom are now constitutional gives Congress the opportunity to clar- ing the Attorney General to withhold scholars. The aim was to craft a tar- ify its intent. privileged information, Congress may

VerDate Mar 15 2010 22:10 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\2008SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 16, 2008 CONGRESSIONAL RECORD — SENATE S8861 well be forced to operate under a sig- the report’’ and inserting ‘‘Except as pro- dinary circumstances affecting vital inter- nificant informational handicap. None- vided in paragraph (4), a report shall be con- ests of the United States.’’; theless, the bill represents an impor- sidered to be submitted to the Congress for (2) in subsection (b)— tant and necessary step toward curbing the purposes of paragraph (1) if the report’’; (A) in paragraph (2), by striking ‘‘and’’ at the end; secret law and restoring the proper bal- and (C) by adding at the end the following: (B) by redesignating paragraph (3) as para- ance of power between the executive ‘‘(3) DIRECTION REGARDING INTERPRETA- graph (4); and legislative branches. TION.—The submission of a report to Con- (C) by inserting after paragraph (2) the fol- When OLC concludes that a statute gress based on the issuance of an authori- lowing: passed by Congress does not bind the tative legal interpretation described in para- ‘‘(3) under subsection (a)(1)(C)— executive branch, Congress has a right graph (1)(C) shall be discretionary on the ‘‘(A) not later than 30 days after the date to know that the executive branch is part of the Attorney General or an officer de- on which the Attorney General, the Office of not operating under that statute, and scribed in subsection (e) if— Legal Counsel, or any other officer of the De- to be apprised of the law under which ‘‘(A) the President or other responsible of- partment of Justice issues the authoritative the executive branch is operating. The ficer of a department or agency established legal interpretation of the Federal statutory in the executive branch of the Federal Gov- provision; or bill I am introducing with Senator ‘‘(B) if the President or other responsible FEINSTEIN codifies that right. I urge all ernment, including the Executive Office of the President and the military departments officer of a department or agency established of my colleagues in the Senate to sup- in the executive branch of the Federal Gov- (as defined in section 101(8) of title 10), export this common-sense measure. ernment, including the Executive Office of pressly directs that no action be taken or Mr. President, I ask unanimous con- the President and the military departments withheld or policy implemented or stayed on (as defined in section 101(8) of title 10), issues sent that the text of the bill and a let- the basis of the authoritative legal interpre- a directive described in subsection (a)(3) and ter of support be printed in the tation; and the directive is subsequently rescinded, not RECORD. ‘‘(B) the directive described in subpara- later than 30 days after the date on which There being no objection, the mate- graph (A) is in effect. rial was ordered to be printed in the the President or other responsible officer re- ‘‘(4) CLASSIFIED INFORMATION.— scinds that directive; and’’; and RECORD, as follows: ‘‘(A) SUBMISSION OF REPORT CONTAINING (D) in paragraph (4), as so redesignated, by S. 3501 CLASSIFIED INFORMATION REGARDING INTEL- striking ‘‘subsection (a)(1)(C)’’ and inserting Be it enacted by the Senate and House of Rep- LIGENCE ACTIVITIES.—Except as provided in ‘‘subsection (a)(1)(D)’’; resentatives of the United States of America in subparagraph (B), if the Attorney General (3) in subsection (c)— Congress assembled, submits a report relating to an instance de- (A) in paragraph (1), by striking ‘‘or of SECTION 1. SHORT TITLE. scribed in paragraph (1) that includes a clas- each approval described in subsection This Act may be cited as the ‘‘OLC Report- sified annex containing information relating (a)(1)(C)’’ and inserting ‘‘of the issuance of ing Act of 2008’’. to intelligence activities, the report shall be the authoritative legal interpretation de- SEC. 2. REPORTING. considered to be submitted to the Congress scribed in subsection (a)(1)(C), or of each ap- Section 530D of title 28, United States for the purposes of paragraph (1) if— proval described in subsection (a)(1)(D)’’; Code, is amended— ‘‘(i) the unclassified portion of the report is (B) by redesignating paragraphs (2) and (3) (1) in subsection (a)— submitted to each officer specified in para- as paragraphs (3) and (4), respectively; (A) in paragraph (1)— graph (2); and (C) by inserting after paragraph (1) the fol- (i) in subparagraph (B), by striking ‘‘or’’ at ‘‘(ii) the classified annex is submitted to lowing: the end; the Select Committee on Intelligence and ‘‘(2) with respect to a report required under (ii) by redesignating subparagraph (C) as the Committee on the Judiciary of the Sen- subparagraph (A), (B), or (C) of subsection subparagraph (D); and ate and the Permanent Select Committee on (a)(1), specify the Federal statute, rule, regu- (iii) by inserting after subparagraph (B) Intelligence and the Committee on the Judi- lation, program, policy, or other law at the following: ciary of the House of Representatives. issue, and the paragraph and clause of sub- ‘‘(C) except as provided in paragraph (3), ‘‘(B) SUBMISSION OF REPORT CONTAINING section (a)(1) that describes the action of the issues an authoritative legal interpretation CERTAIN CLASSIFIED INFORMATION ABOUT COV- Attorney General or other officer of the De- (including an interpretation under section ERT ACTIONS.— partment of Justice;’’; 511, 512, or 513 by the Attorney General or by ‘‘(i) IN GENERAL.—In a circumstance de- (D) in paragraph (3), as so redesignated— an officer, employee, or agency of the De- scribed in clause (ii), a report described in (i) by striking ‘‘reasons for the policy or partment of Justice pursuant to a delegation that clause shall be considered to be sub- determination’’ and inserting ‘‘reasons for of authority under section 510) of any provi- mitted to the Congress for the purposes of the policy, authoritative legal interpreta- sion of any Federal statute— paragraph (1) if— tion, or determination’’; ‘‘(i) that concludes that the provision is ‘‘(I) the unclassified portion of the report (ii) by inserting ‘‘issuing such authori- unconstitutional or would be unconstitu- is submitted to each officer specified in para- tative legal interpretation,’’ after ‘‘or imple- tional in a particular application; graph (2); and menting such policy,’’; ‘‘(ii) that relies for the conclusion of the ‘‘(II) the classified annex is submitted to— (iii) by striking ‘‘except that’’ and insert- authoritative legal interpretation, in whole ‘‘(aa) the chairman and ranking minority ing ‘‘provided that’’; or in the alternative, on a determination member of the Select Committee on Intel- (iv) by redesignating subparagraphs (A) that an interpretation of the provision other ligence of the Senate; and (B) as subparagraphs (B) and (C), respec- than the authoritative legal interpretation ‘‘(bb) the chairman and ranking minority tively; would raise constitutional concerns under member of the Committee on the Judiciary (v) by inserting before subparagraph (B), as article II of the Constitution of the United of the Senate; so redesignated, the following: States or separation of powers principles; ‘‘(cc) the chairman and ranking minority ‘‘(A) any classified information shall be ‘‘(iii) that relies for the conclusion of the member of the Permanent Select Committee provided in a classified annex, which shall be authoritative legal interpretation, in whole on Intelligence of the House of Representa- handled in accordance with the security pro- or in the alternative, on a legal presumption tives; cedures established under section 501(d) of against applying the provision, whether dur- ‘‘(dd) the chairman and ranking minority the National Security Act of 1947 (50 U.S.C. ing a war or otherwise, to— member of the Committee on the Judiciary 413(d));’’; ‘‘(I) any department or agency established of the House of Representatives; (vi) in subparagraph (B), as so redesig- in the executive branch of the Federal Gov- ‘‘(ee) the Speaker and minority leader of nated— ernment, including the Executive Office of the House of Representatives; and (I) by inserting ‘‘except for information de- the President and the military departments ‘‘(ff) the majority leader and minority scribed in paragraph (1) or (2),’’ before ‘‘such (as defined in section 101(8) of title 10); or leader of the Senate. details may be omitted’’; ‘‘(II) any officer, employee, or member of ‘‘(ii) CIRCUMSTANCES.—A circumstance de- (II) by striking ‘‘national-security- or clas- any department or agency established in the scribed in this clause is a circumstance in sified information, of any’’; and executive branch of the Federal Government, which— (III) by striking ‘‘or other law’’ and insert- including the President and any member of ‘‘(I) the Attorney General submits a report ing ‘‘or other statute’’; the Armed Forces; or relating to an instance described in para- (vii) in subparagraph (C), as so redesig- ‘‘(iv) that concludes the provision has been graph (1) that includes a classified annex nated— superseded or deprived of effect in whole or containing information relating to a Presi- (I) by redesignating clauses (i) and (ii) as in part by a subsequently enacted statute dential finding described in section 503(a) of clauses (ii) and (iii), respectively; where there is no express statutory language the National Security Act of 1947 (50 U.S.C. (II) by inserting before clause (ii), as so re- stating an intent to supersede the prior pro- 413b(a)); and designated, the following: vision or deprive it of effect; or’’; ‘‘(II) the President determines that it is es- ‘‘(i) in the case of an authoritative legal in- (B) in paragraph (2), by striking ‘‘For the sential to limit access to the information de- terpretation described in subsection (a)(1)(C), purposes’’ and all that follows through ‘‘if scribed in subclause (I) to meet extraor- if a copy of the Office of Legal Counsel or

VerDate Mar 15 2010 22:10 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\2008SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8862 CONGRESSIONAL RECORD — SENATE September 16, 2008 other legal opinion setting forth the authori- is unable to consider the possibility of legis- safety initiatives that help keep families, tative legal interpretation is provided;’’; lative change or clarification. neighborhoods, schools, and businesses safe (III) in clause (ii), as so redesignated, by For this reason, after the hearing we from crime; and striking ‘‘subsection (a)(1)(C)(i)’’ and insert- worked closely with Senate staff as well as Whereas the week of October 2, 2008, ing ‘‘subsection (a)(1)(D)(i)’’; and with a group of other former executive through October 4, 2008, is an appropriate (IV) in clause (iii), as so redesignated, by branch officials and Office of Legal Counsel week to designate as ‘‘Celebrate Safe Com- striking ‘‘subsection (a)(1)(C)(ii)’’ and insert- lawyers to help draft ‘‘The OLC Reporting munities’’ week: Now, therefore, be it ing ‘‘subsection (a)(1)(D)(ii)’’; and Act of 2008.’’ The resulting bill text was the Resolved, That the Senate— (E) in paragraph (4), as so redesignated, by product of careful consideration and negotia- (1) designates the week of October 2, 2008, striking ‘‘subsection (a)(1)(C)(i)’’ and insert- tion. The bill mandates reporting in a care- through October 4, 2008, as ‘‘Celebrate Safe ing ‘‘subsection (a)(1)(D)(i)’’; and fully defined category of cases and includes Communities’’ week; (4) in subsection (e)— appropriate provisions to protect national (2) commends the efforts of the thousands (A) by striking ‘‘(but only with respect to security and privileged information. All in of local law enforcement agencies and their the promulgation of any unclassified Execu- all, we believe it strikes a sensible and con- countless community partners who are edu- tive order or similar memorandum or stitutionally sound balance between the ex- cating and engaging residents of all ages in order)’’; and ecutive branch’s need to have access to can- the fight against crime; (B) by inserting ‘‘issues an authoritative did legal advice, to protect national security (3) asks communities across the country to interpretation described in subsection information, and to avoid being overbur- consider how the Celebrate Safe Commu- (a)(1)(C),’’ after ‘‘policy described in sub- dened by unduly intrusive reporting require- nities initiative can help them highlight section (a)(1)(A),’’. ments and the legislative branch’s need to local successes in the fight against crime; know the manner in which its laws are inter- and SEPTEMBER 15, 2008. preted. We both endorse the bill as intro- (4) encourages the National Sheriffs’ Asso- Hon. PATRICK LEAHY, duced and urge its prompt enactment. ciation and the National Crime Prevention Chairman, Senate Committee on the Judiciary, Sincerely, Council to continue to promote, during Cele- U.S. Senate, Washington DC. BRAD BERENSON, brate Safe Communities week and year- Hon. ARLEN SPECTER, Sidley Austin. round, individual and collective action in U.S. Senate, DAWN JOHNSEN, collaboration with law enforcement and Washington DC. Indiana University other supporting local agencies to reduce DEAR CHAIRMAN LEAHY AND SENATOR SPEC- School of Law. crime and build safer communities through- TER: We write to convey our strong support f out the United States. for ‘‘The OLC Reporting Act of 2008,’’ to be introduced by Senator Feingold and Senator SUBMITTED RESOLUTIONS f Feinstein. We respectfully urge the committee to give the bill prompt and serious SENATE CONCURRENT RESOLU- consideration, because we believe that the SENATE RESOLUTION 662—RAISING TION 99—HONORING THE UNIVER- addition of the reporting requirement it THE AWARENESS OF THE NEED SITY OF NEBRASKA AT OMAHA would create would have the effect of en- FOR CRIME PREVENTION IN FOR ITS 100 YEARS OF COMMIT- hancing democratic accountability and the COMMUNITIES ACROSS THE MENT TO HIGHER EDUCATION. rule of law. We both had the privilege to testify before COUNTRY AND DESIGNATING Mr. HAGEL submitted the following Senators Feingold and Brownback, and the THE WEEK OF OCTOBER 2, 2008, concurrent resolution; which was re- Subcommittee on the Constitution of the THROUGH OCTOBER 4, 2008, AS ferred to the Committee on Health, Senate Committee on the Judiciary, on April ‘‘CELEBRATE SAFE COMMU- Education, Labor, and Pensions: 30, 2008 in a hearing that examined ‘‘Secret NITIES’’ WEEK S. CON. RES. 99 Law and the Threat to Democratic and Ac- countable Government.’’ We served in dif- Mr. BIDEN (for himself, Mrs. CLIN- Whereas local leaders in the Omaha area ferent administrations, Brad Berenson as As- TON, Mr. KERRY, Ms. MIKULSKI, and Ms. formed a corporation known as the Univer- sociate Counsel to President George W. Bush STABENOW) submitted the following sity of Omaha on October 8, 1908, for the pro- and Dawn Johnsen as Acting Assistant At- resolution; which was referred to the motion of sound learning and education; Whereas, on September 14, 1909, the first 26 torney General for the Office of Legal Coun- Committee on the Judiciary: sel (OLC) under President Clinton. During University of Omaha students gathered in S. RES. 662 our testimony, we found ourselves in sub- Redick Hall, located west of 24th and Pratt stantial agreement about the desirability for Whereas communities across the country Streets in the city of Omaha; new legislation that would require reporting face localized increases in violence and other Whereas, during the first 10 years of exist- to Congress regarding a limited category of crime; ence, the key division of the University of OLC legal opinions. Whereas local law enforcement and com- Omaha was Liberal Arts College, designed to As a general matter, we share a deep con- munity partnerships are an effective tool for produce a well-rounded and informed stu- cern about safeguarding the legitimate need preventing crime and addressing the fear of dent; for confidentiality in the legal advice OLC crime; Whereas, in 1910, the University of Ne- provides to the President and others in the Whereas the National Sheriffs’ Association braska announced it would accept all Univer- executive branch, by power delegated by the (NSA) and the National Crime Prevention sity of Omaha coursework as equivalent to Attorney General. For example, in some in- Council (NCPC) are leading national re- its own, a milestone in terms of recognition stances national security information must sources that provide community safety and for the new institution and acknowledge- be protected. In other instances, such as crime prevention tools tested and valued by ment of its substantial and respected cur- where OLC advises that a proposed action local law enforcement agencies and commu- riculum; would be illegal, and that advice is accepted, nities nationwide; Whereas, in December 1916, the University the prospect of immediate and routine dis- Whereas the NSA and the NCPC have of Omaha students had a farewell party for closure could deter executive branch officials joined together to create the ‘‘Celebrate Safe Redick Hall and moved into their new build- from seeking advice in the first place. Communities’’ initiative in partnership with ing, a 3-story, 30-classroom building named We agree, however, that Congress has a le- the Bureau of Justice Assistance, Office of Joslyn Hall; gitimate legislative interest in receiving Justice Programs, Department of Justice; Whereas, in 1929, the University of Omaha broader notice than current law provides Whereas Celebrate Safe Communities will board of trustees and the people of Omaha with respect to certain categories of OLC be launched the 1st week of October 2008 to voted to create the new Municipal Univer- opinions, which can generally be described as help kick off recognition of October as Crime sity of Omaha to replace the old University those in which OLC relies on constitu- Prevention Month; of Omaha on May 30, 1930; tionally based interpretive doctrines to in- Whereas Celebrate Safe Communities is de- Whereas, in 1936, the Municipal University terpret a law in a way that might come as a signed to help local communities highlight of Omaha acquired 20 acres of land north of surprise to Congress. These include the doc- the importance of residents and law enforce- Elmwood Park and south of West Dodge trine of ‘‘constitutional avoidance,’’ as well ment working together to keep communities Street, which would become the site of the as implied repeals or modifications and cer- safe places to live, learn, work, and play; present-day campus; tain presumptions against applying statutes Whereas Celebrate Safe Communities will Whereas the University dedicated its beau- to the executive branch officials. In our enhance the public awareness of vital crime tiful Georgian-style administration building view, OLC opinions that place substantial re- prevention and safety messages and moti- in November 1938, capable of accommodating liance on such doctrines present the greatest vate Americans of all ages to learn what a student body of 1,000; potential for overreaching by the executive they can do to stay safe from crime; Whereas the increased enrollment of World branch and thus the greatest need for notifi- Whereas Celebrate Safe Communities will War II veterans in 1945 due to the Mont- cation to Congress. If Congress does not help promote year-round support for locally gomery GI Bill led to the completion of sev- know about these interpretations, Congress based and law enforcement-led community eral new buildings, including a field house,

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library, student center, and engineering NOW) and intended to be proposed to the bill sion, housing, labor and education, and in- building; S. 3001, supra; which was ordered to lie on surance benefits for veterans, and for other Whereas, in 1950, the College of Education the table. purposes. was separated from the College of Arts and SA 5599. Mr. BAYH submitted an amend- SA 5615. Mr. SANDERS submitted an Sciences, and within 3 years 1/3 of all teach- ment intended to be proposed to amendment amendment intended to be proposed by him ers in Omaha public schools held degrees SA 5437 submitted by Mr. BAYH and intended to the bill S. 3001, to authorize appropria- from the Municipal University; to be proposed to the bill S. 3001, supra; tions for fiscal year 2009 for military activi- Whereas the College of Business Adminis- which was ordered to lie on the table. ties of the Department of Defense, for mili- tration was founded in 1952, and the business SA 5600. Mr. CARPER submitted an amend- tary construction, and for defense activities community responded by creating internship ment intended to be proposed by him to the of the Department of Energy, to prescribe programs for accounting, insurance, real es- bill S. 3001, supra; which was ordered to lie military personnel strengths for such fiscal tate, and retailing at major firms and for on the table. year, and for other purposes; which was or- students interested in the field of television SA 5601. Mr. BIDEN (for himself and Mr. dered to lie on the table. at station KMTV; LUGAR) submitted an amendment intended SA 5616. Mr. KERRY (for himself and Ms. Whereas 12,000 members of the military, in- to be proposed to amendment SA 5441 sub- SNOWE) submitted an amendment intended cluding 15 who rose to the rank of general, mitted by Mr. REID (for Mr. BIDEN (for him- to be proposed by him to the bill S. 3001, were able to receive a Bachelor of General self and Mr. LUGAR)) and intended to be pro- supra; which was ordered to lie on the table. SA 5617. Mr. KERRY (for himself and Ms. Education degree through the College of posed to the bill S. 3001, supra; which was or- SNOWE) submitted an amendment intended Adult Education ‘‘Bootstrap’’ program; dered to lie on the table. to be proposed by him to the bill S. 3001, Whereas the University received a Reserve SA 5602. Mr. BIDEN (for himself and Mr. supra; which was ordered to lie on the table. Officers’ Training Corps (ROTC) unit in July LUGAR) submitted an amendment intended 1951; to be proposed to amendment SA 5566 sub- f Whereas Municipal University became a mitted by Mr. BIDEN (for himself and Mr. TEXT OF AMENDMENTS leader in radio-television journalism by LUGAR) and intended to be proposed to the founding its own radio station in 1951, and in bill S. 3001, supra; which was ordered to lie SA 5596. Ms. LANDRIEU submitted 1952 became the first institution in the Mid- on the table. an amendment intended to be proposed west to offer courses by television; SA 5603. Mr. COBURN submitted an amend- by her to the bill S. 3001, to authorize Whereas Municipal University became part ment intended to be proposed by him to the appropriations for fiscal year 2009 for of the University of Nebraska system in July bill S. 3001, supra; which was ordered to lie military activities of the Department on the table. 1968, and was renamed the University of Ne- of Defense, for military construction, braska at Omaha, its present-day name; SA 5604. Mr. DURBIN (for himself and Mr. BROWNBACK) submitted an amendment in- and for defense activities of the De- Whereas, in 1977, the North Central Asso- partment of Energy, to prescribe mili- ciation of Colleges and Secondary Schools tended to be proposed by him to the bill S. gave the University of Nebraska at Omaha 3001, supra; which was ordered to lie on the tary personnel strengths for such fiscal the highest rating possible; table. year, and for other purposes; which was Whereas, in an effort to gain a more suit- SA 5605. Mr. DURBIN (for himself and Mr. ordered to lie on the table; as follows: able location for conferences and an off-cam- BROWNBACK) submitted an amendment in- On page 452, between lines 9 and 10, insert pus class site, the University opened the tended to be proposed to amendment SA 5511 the following: submitted by Mr. DURBIN (for himself and Peter Kiewit Conference Center in 1980; SEC. 2806. EXPANSION OF AUTHORITY FOR PILOT Whereas the University has established in- Mr. BROWNBACK) and intended to be proposed PROJECTS FOR ACQUISITION OR novative programs that enrich the commu- to the bill S. 3001, supra; which was ordered CONSTRUCTION OF MILITARY UNAC- nity through service learning, support of the to lie on the table. COMPANIED HOUSING. arts, outreach programs for business, edu- SA 5606. Mr. REID submitted an amend- Section 2881a of title 10, United States cation, and government, and creation of ment intended to be proposed to amendment Code, is amended— dual-enrollment programs for Nebraska high SA 5355 submitted by Mr. GRAHAM (for him- (1) in subsection (a)— school students; self and Mr. LIEBERMAN) and intended to be (A) by striking ‘‘The Secretary of the Whereas the University has 90,000 grad- proposed to the bill S. 3001, supra; which was Navy’’ and inserting ‘‘(1) The Secretary of uates, with nearly half of those still residing, ordered to lie on the table. the Navy’’; and SA 5607. Mr. NELSON, of Florida sub- raising families, and building careers in the (B) by adding at the end the following new mitted an amendment intended to be pro- Omaha metropolitan area; and paragraph: posed to amendment SA 5536 submitted by ‘‘(2) The Secretary of the Army may carry Whereas the year 2008 is the 100th anniver- Mr. SESSIONS (for himself , Mr. NELSON of Ne- out a project under the authority of this sec- sary of the founding of the University of Ne- braska, Mr. LIEBERMAN, Mr. KYL, Mr. INHOFE, tion or another provision of this subchapter braska at Omaha, and the activities to com- Mr. GRAHAM, Mr. VITTER, Mr. BROWNBACK, to use the private sector for the acquisition memorate its founding will begin on October and Mr. CHAMBLISS) and intended to be pro- or construction of military unaccompanied 8, 2008: Now, therefore, be it housing for all ranks at a location with sig- Resolved by the Senate (the House of Rep- posed to the bill S. 3001, supra; which was or- nificant identified barracks deficiencies.’’; resentatives concurring), That Congress con- dered to lie on the table. SA 5608. Mr. CORNYN submitted an (2) in subsection (b), by striking ‘‘The Sec- gratulates the University of Nebraska at amendment intended to be proposed by him retary of the Navy’’ and inserting ‘‘The Sec- Omaha on its 100 years of outstanding serv- to the bill S. 3001, supra; which was ordered retaries of the Army and Navy’’; ice to the city of Omaha, the State of Ne- to lie on the table. (3) in subsection (d)(1), by striking ‘‘The braska, the United States, and the world in SA 5609. Ms. KLOBUCHAR submitted an Secretary of the Navy’’ and inserting ‘‘The fulfilling its mission of providing sound amendment intended to be proposed by her Secretaries of the Army and Navy’’; learning and education. to the bill S. 3001, supra; which was ordered (4) in subsection (e)(1), by striking ‘‘The f to lie on the table. Secretary of the Navy shall transmit’’ and AMENDMENTS SUBMITTED AND SA 5610. Ms. COLLINS submitted an inserting ‘‘The Secretaries of the Army and PROPOSED amendment intended to be proposed by her Navy shall each transmit’’; and to the bill S. 3001, supra; which was ordered (5) in subsection (f)— SA 5596. Ms. LANDRIEU submitted an to lie on the table. (A) by striking ‘‘The authority’’ and in- amendment intended to be proposed by her SA 5611. Ms. COLLINS (for herself and Mr. serting ‘‘(1) The authority’’; and to the bill S. 3001, to authorize appropria- LIEBERMAN) submitted an amendment in- (B) by adding at the end the following new tions for fiscal year 2009 for military activi- tended to be proposed by her to the bill S. paragraph: ties of the Department of Defense, for mili- 3001, supra; which was ordered to lie on the ‘‘(2) The authority of the Secretary of the tary construction, and for defense activities table. Army to enter into a contract under the of the Department of Energy, to prescribe SA 5612. Mr. KERRY submitted an amend- pilot program shall expire September 30, military personnel strengths for such fiscal ment intended to be proposed to amendment 2010.’’. year, and for other purposes; which was or- SA 5593 submitted by Mr. KERRY (for himself dered to lie on the table. and Mr. SMITH) and intended to be proposed SA 5597. Mr. NELSON of Florida sub- SA 5597. Mr. NELSON, of Florida sub- to the bill S. 3001, supra; which was ordered mitted an amendment intended to be mitted an amendment intended to be pro- to lie on the table. proposed to amendment SA 5272 sub- posed to amendment SA 5272 submitted by SA 5613. Mr. LEVIN submitted an amend- mitted by Mr. NELSON of Florida and Mr. NELSON of Florida and intended to be ment intended to be proposed by him to the intended to be proposed to the bill S. proposed to the bill S. 3001, supra; which was bill S. 3001, supra; which was ordered to lie 3001, to authorize appropriations for ordered to lie on the table. on the table. SA 5598. Mr. JOHNSON submitted an SA 5614. Mr. LEVIN (for Mr. AKAKA) pro- fiscal year 2009 for military activities amendment intended to be proposed to posed an amendment to the bill S. 3023, to of the Department of Defense, for mili- amendment SA 5519 submitted by Mr. JOHN- amend title 38, United States Code, to im- tary construction, and for defense ac- SON (for himself, Mr . THUNE, and Ms. STABE- prove and enhance compensation and pen- tivities of the Department of Energy,

VerDate Mar 15 2010 22:10 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\2008SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8864 CONGRESSIONAL RECORD — SENATE September 16, 2008 to prescribe military personnel ceives a grant under this section with advice (excluding the individual’s stipend, pay, and strengths for such fiscal year, and for and counsel related to the use of such grant. allowances) that is equal to the percentage other purposes; which was ordered to ‘‘(e) GRANTS TO INDIVIDUALS.—(1) The Di- of the period of such service requirement rector is authorized to provide a grant that the individual did not serve. lie on the table; as follows: through the program to an individual to as- ‘‘(6)(A) If an individual incurs an obliga- In lieu of the matter proposed to be insist such individual in pursuing a course of tion to reimburse the United States under serted, insert the following: study— subparagraph (A) or (B) of paragraph (5), the SEC. 1433. INTELLIGENCE TRAINING PROGRAM. ‘‘(A) identified by the Director as meeting head of the element of the intelligence com- (a) IN GENERAL.— a current or emerging mission requirement munity that employed or intended to employ (1) ESTABLISHMENT OF PROGRAM.—Section of an element of the intelligence community; such individual shall notify the Director of 922 of the Ronald W. Reagan National De- and such obligation. fense Authorization Act for Fiscal Year 2005 ‘‘(B) that will prepare such individual for ‘‘(B) Except as provided in subparagraph (Public Law 108–375; 50 U.S.C. 402 note) is an entry-level language analyst position, in- (D), an obligation to reimburse the United amended to read as follows: telligence analyst position, or scientific and States incurred under such subparagraph (A) or (B), including interest due on such obliga- ‘‘SEC. 922. INTELLIGENCE TRAINING PROGRAM. technical position within an element of the intelligence community. tion, is for all purposes a debt owing the ‘‘(a) DEFINITIONS.—In this section: ‘‘(2) The Director is authorized to provide a United States. ‘‘(1) DIRECTOR.—The term ‘Director’ means grant described in paragraph (1) to an indi- ‘‘(C) A discharge in bankruptcy under title the Director of National Intelligence. vidual for the following purposes: 11, United States Code, shall not release an ‘‘(2) INSTITUTION OF HIGHER EDUCATION.— ‘‘(A) To provide a monthly stipend for each individual from an obligation to reimburse The term ‘institution of higher education’ month that the individual is pursuing a the United States incurred under such sub- has the meaning given that term in section course of study described in paragraph (1). paragraph (A) or (B) if the final decree of the 101 of the Higher Education Act of 1965 (20 ‘‘(B) To pay the individual’s full tuition to discharge in bankruptcy is issued within 5 U.S.C. 1001). permit the individual to complete such a years after the last day of the period of the ‘‘(3) INTELLIGENCE COMMUNITY.—The term course of study. service requirement described in subpara- ‘intelligence community’ has the meaning ‘‘(C) To provide an allowance for books and graph (4). given that term in section 3(4) of the Na- ‘‘(D) The Director may release an indi- materials that the individual requires to tional Security Act of 1947 (50 U.S.C. 401a(4)). vidual from part or all of the individual’s ob- complete such course of study. ‘‘(4) PROGRAM.—The term ‘program’ means ligation to reimburse the United States in- ‘‘(D) To pay the individual’s expenses for the grant program authorized by subsection curred under such subparagraph (A) or (B) if travel that is requested by an element of the (b). the Director determines that equity or the intelligence community related to the pro- ‘‘(b) AUTHORITY.—The Director is author- interests of the United States require such a gram. ized to establish, determine the scope of, and ‘‘(3)(A) The Director shall select individ- release. ‘‘(f) MANAGEMENT.—In carrying out the carry out a grant program to promote lan- uals to receive grants under this subsection program, the Director shall— guage analysis, intelligence analysis, and using such procedures as the Director deter- ‘‘(1) be responsible for the oversight of the scientific and technical training, as de- mines are appropriate. program and the development of policy guid- scribed in this section. ‘‘(B) An individual seeking a grant under ance and implementing procedures for the ‘‘(c) PURPOSE.—The purpose of the program this subsection shall submit an application program; shall be to increase the number of individ- describing the proposed use of the grant at ‘‘(2) solicit participation of institutions of uals qualified for an entry-level position such time and in such manner as the Direc- higher education in the program through ap- within an element of the intelligence com- tor may require. munity by providing— ‘‘(C) The Director is authorized to screen propriate means; and ‘‘(1) grants to qualified institutions of and qualify each individual selected to re- ‘‘(3) provide each individual who partici- higher education, as described in subsection ceive a grant under this subsection for the pates in the program under subsection (e) in- (d); and appropriate security clearance without re- formation on opportunities available for em- ‘‘(2) grants to qualified individuals, as de- gard to the date that the employment rela- ployment within an element of the intel- scribed in subsection (e). tionship between the individual and the ele- ligence community. ‘‘(g) PENALTIES FOR FRAUD.—An institution ‘‘(d) GRANTS TO INSTITUTIONS OF HIGHER ment of the intelligence community is of higher education or the officers of such in- EDUCATION.—(1) The Director is authorized formed. to provide a grant through the program to an ‘‘(4) An individual who receives a grant stitution or an individual who receives a institution of higher education to develop a under this subsection, at a threshold amount grant under the program as a result of fraud course of study to prepare students of such to be determined by the Director, shall enter in any aspect of the grant process may be institution for an entry-level language ana- into an agreement to perform, upon such in- subject to criminal or civil penalties in ac- lyst position, intelligence analyst position, dividual’s completion of a course of study de- cordance with applicable Federal law. ‘‘(h) CONSTRUCTION.—Unless mutually or scientific and technical position within an scribed in paragraph (1), 1 year of service agreed to by all parties, nothing in this sec- element of the intelligence community. within an element of the intelligence com- tion may be construed to amend, modify, or ‘‘(2) An institution of higher education munity, as approved by the Director, for abrogate any agreement, contract, or em- seeking a grant under this subsection shall each academic year for which such indi- ployment relationship that was in effect on submit an application describing the pro- vidual received grant funds under this sub- the day prior to the date of enactment of the posed use of the grant at such time and in section. National Defense Authorization Act for Fis- such manner as the Director may require. ‘‘(5) If an individual who receives a grant cal Year 2009. ‘‘(3) The Director shall award a grant to an under this subsection— ‘‘(i) EFFECT OF OTHER LAW.—The Director institution of higher education under this ‘‘(A) fails to complete a course of study de- shall administer the program pursuant to subsection— scribed in paragraph (1) or the individual’s the provisions of chapter 63 of title 31, ‘‘(A) on the basis of the ability of such in- participation in the program is terminated United States Code and chapter 75 of such stitution to use the grant to prepare stu- prior to the completion of such course of title, except that the Comptroller General of dents for an entry-level language analyst po- study, either by the Director for misconduct the United States shall have no authority, sition, intelligence analyst position, or sci- or voluntarily by the individual, the indi- duty, or responsibility in matters related to entific and technical position within an ele- vidual shall reimburse the United States for this program.’’. ment of the intelligence community upon the amount of such grant (excluding the in- (2) CLERICAL AMENDMENTS.— completion of study at such institution; and dividual’s stipend, pay, and allowances); or (A) IN GENERAL.—The table of contents in ‘‘(B) in a manner that provides for geo- ‘‘(B) fails to complete the service require- section 2(b) of the Ronald W. Reagan Na- graphical diversity among the institutions of ment with an element of the intelligence tional Defense Authorization Act for Fiscal higher education that receive such grants. community described in paragraph (4) after Year 2005 (Public Law 108–375; 118 Stat. 1811) ‘‘(4) An institution of higher education completion of such course of study or if the is amended by striking the item relating to that receives a grant under this subsection individual‘s employment with such element section 922 and inserting the following: shall submit to the Director regular reports of the intelligence community is terminated ‘‘Sec. 922. Intelligence training program.’’. regarding the use of such grant, including— either by the head of such element for mis- ‘‘(A) a description of the benefits to stu- conduct or voluntarily by the individual (B) TITLE IX.—The table of contents in that dents who participate in the course of study prior to the individual’s completion of such appears before subtitle A of title IX of the funded by such grant; service requirement, the individual shall— Ronald W. Reagan National Defense Author- ‘‘(B) a description of the results and ac- ‘‘(i) reimburse the United States for full ization Act for Fiscal Year 2005 (Public Law complishments related to such course of amount of such grant (excluding the individ- 108–375; 118 Stat. 2023) is amended by striking study; and ual’s stipend, pay, and allowances) if the in- the item relating to section 922 and inserting ‘‘(C) any other information that the Direc- dividual did not complete any portion of the following: tor may require. such service requirement; or ‘‘Sec. 922. Intelligence training program.’’. ‘‘(5) The Director is authorized to provide ‘‘(ii) reimburse the United States for the (b) SENSE OF CONGRESS ON FUNDING.—It is an institution of higher education that re- percentage of the total amount of such grant the sense of Congress that for each fiscal

VerDate Mar 15 2010 22:10 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\2008SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 16, 2008 CONGRESSIONAL RECORD — SENATE S8865 year after fiscal year 2009, Congress should tary personnel strengths for such fiscal ‘‘(A) potential offerors with timely notice not appropriate funds for the program estab- year, and for other purposes; which was of business opportunities in sufficient detail lished under section 922(b) of the Ronald W. ordered to lie on the table; as follows: to allow them to make a proposal; Reagan National Defense Authorization Act ‘‘(B) requirements, proposed terms and for Fiscal Year 2005, as amended by sub- At the appropriate place insert the fol- conditions, and evaluation criteria to poten- section (a)(1), in an amount that exceeds the lowing: tial offerors; and amount of funds requested for that program SEC. ———. AIR CARRIAGE OF INTERNATIONAL ‘‘(C) an opportunity for unsuccessful MAIL. in the budget for that fiscal year submitted offerors to receive prompt feedback upon re- (a) CONTRACTING AUTHORITY.—Section 5402 to Congress by the President under section quest. of title 39, United States Code, is amended by ‘‘(3) EMERGENCY OR UNANTICIPATED CONDI- 1105(a) of title 31, United States Code. striking subsections (b) and (c) and inserting TIONS; INADEQUATE LIFT SPACE.—The Postal the following: Service may enter into contracts to trans- SA 5598. Mr. JOHNSON submitted an ‘‘(b) INTERNATIONAL MAIL.— port mail by air in foreign air transportation amendment intended to be proposed to ‘‘(1) IN GENERAL.— with a certificated air carrier or a foreign air amendment SA 5519 submitted by Mr. ‘‘(A) Except as otherwise provided in this carrier without complying with the require- JOHNSON (for himself, Mr. THUNE, and subsection, the Postal Service may contract ments of paragraphs (b)(1) and (2) if— for the transportation of mail by aircraft be- Ms. STABENOW) and intended to be pro- ‘‘(A) emergency or unanticipated condi- tween any of the points in foreign air trans- posed to the bill S. 3001, to authorize tions exist that make it impractical for the portation only with certificated air carriers. appropriations for fiscal year 2009 for Postal Service to comply with such require- A contract may be awarded to a certificated ments; or military activities of the Department air carrier to transport mail by air between ‘‘(B) its demand for lift exceeds the space of Defense, for military construction, any of the points in foreign air transpor- available to it under existing contracts and— and for defense activities of the De- tation that the Secretary of Transportation ‘‘(i) there is insufficient time available to partment of Energy, to prescribe mili- has authorized the carrier to serve either di- seek additional lift using procedures that rectly or through a code-share relationship tary personnel strengths for such fiscal comply with those requirements without with one or more foreign air carriers. year, and for other purposes; which was compromising the Postal Service’s service ‘‘(B) If the Postal Service has sought offers ordered to lie on the table; as follows: commitments to its own customers; and or proposals from certificated air carriers to ‘‘(ii) the Postal Service first offers any cer- On page 2, line 20, strike ‘‘subsection.’’.’’ transport mail in foreign air transportation tificated air carrier holding a contract to and insert ‘‘subsection. between points, or pairs of points within a carry mail between the relevant points the ‘‘(4) MAXIMUM AMOUNT FOR CONSOLIDATED geographic region or regions, and has not re- opportunity to carry such excess volumes SCHOOL DISTRICTS.—Notwithstanding any ceived offers or proposals that meet Postal under the terms of its existing contract. other provision of this section, a local edu- Service requirements at a fair and reason- cational agency that is formed at any time ‘‘(c) GOOD FAITH EFFORT REQUIRED.—The able price from at least 2 such carriers, the Postal Service and potential offerors shall after 1938 by the consolidation of 2 or more Postal Service may seek offers or proposals former school districts, of which at least 1 put a good-faith effort into resolving dis- from foreign air carriers. Where service in putes concerning the award of contracts former district was eligible for assistance foreign air transportation meeting the Post- under this section for the fiscal year pre- made under subsection (b).’’. al Service’s requirements is unavailable at a (b) CONFORMING AMENDMENTS TO TITLE 49.— ceding the year of the consolidation, shall fair and reasonable price from at least 2 cer- not be eligible under this section for an (1) Section 41901(a) is amended by striking tificated air carriers, either directly or ‘‘39.’’ and inserting ‘‘39, and in foreign air amount that is more than the total of the through a code-share relationship with one amount that each of the former districts re- transportation under section 5402(b) and (c) or more foreign air carriers, the Postal Serv- of title 39.’’. ceived under this section for the fiscal year ice may contract with foreign air carriers to preceding the year of the consolidation.’’. (2) Section 41901(b)(1) is amended by strik- provide the service sought if, when the Post- ing ‘‘in foreign air transportation or’’. al Service seeks offers or proposals from for- (3) Section 41902 is amended— SA 5599. Mr. BAYH submitted an eign air carriers, it also seeks an offer or amendment intended to be proposed to (A) by striking ‘‘in foreign air transpor- proposal to provide that service from any tation or’’ in subsection (a); amendment SA 5437 submitted by Mr. certificated air carrier providing service be- (B) by striking subsection (b) and inserting BAYH and intended to be proposed to tween those points, or pairs of points within the following: the bill S. 3001, to authorize appropria- a geographic region or regions, on the same ‘‘(b) STATEMENTS ON PLACES AND SCHED- tions for fiscal year 2009 for military terms and conditions that are being sought ULES.—Every air carrier shall file with the activities of the Department of De- from foreign air carriers. United States Postal Service a statement fense, for military construction, and ‘‘(C) For purposes of this subsection, the showing— Postal Service shall use a methodology for ‘‘(1) the places between which the carrier is for defense activities of the Depart- determining fair and reasonable prices for authorized to transport mail in Alaska; ment of Energy, to prescribe military the Postal Service designated region or re- ‘‘(2) every schedule of aircraft regularly op- personnel strengths for such fiscal gions developed in consultation with, and erated by the carrier between places de- year, and for other purposes; which was with the concurrence of, certificated air car- scribed in paragraph (1) and every change in ordered to lie on the table; as follows: riers representing at least 51 percent of each schedule; and In lieu of the matter proposed to be in- available ton miles in the markets of inter- ‘‘(3) for each schedule, the places served by serted, insert the following: est. the carrier and the time of arrival at, and de- ‘‘(D) For purposes of this subsection, ceil- parture from, each such place.’’; SEC. 722. REPORT ON COGNITIVE REHABILITA- TION FOR MEMBERS OF THE ARMED ing prices determined pursuant to the meth- (C) by striking ‘‘subsection (b)(3)’’ each FORCES WITH TRAUMATIC BRAIN IN- odology used under subparagraph (C) shall be place it appears in subsections (c)(1) and (d) JURY. presumed to be fair and reasonable if they do and inserting ‘‘subsection (b)(2)’’; and The Secretary of Defense shall submit to not exceed the ceiling prices derived from— (D) by striking subsections (e) and (f). the Committee on Armed Services of the ‘‘(i) a weighted average based on market (4) Section 41903 is amended by striking ‘‘in Senate and the House of Representatives a rate data furnished by the International Air foreign air transportation or’’ each place it report setting forth the evidence to be re- Transport Association or a subsidiary unit appears. quired from a long term, integrated study on thereof; or (5) Section 41904 is amended— treatment strategies for cognitive rehabili- ‘‘(ii) if such data are not available from (A) by striking ‘‘to or in foreign countries’’ tation for members of the Armed Forces who those sources, such other neutral, regularly in the section heading; have sustained a Traumatic Brain Injury updated set of weighted average market (B) by striking ‘‘to or in a foreign country’’ (TBI) in order to permit the Department to rates as the Postal Service, with the concur- and inserting ‘‘between two points outside Defense to determine how receipt of cog- rence of certificated air carriers representing the United States’’; and nitive rehabilitation by such members for at least 51 percent of available ton miles in (C) by inserrting after ‘‘transportation.’’ Traumatic Brain Injury could be reimbursed the markets of interest, may designate. the following: ‘‘Nothing in this section shall as a health care benefit. ‘‘(E) If, for purposes of subparagraph affect the authority of the Postal Service to (D)(ii), concurrence cannot be attained, then make arrangements with noncitizens for the SA 5600. Mr. CARPER submitted an the most recently available market rate data carriage of mail in foreign air transportation amendment intended to be proposed by described in this subparagraph shall con- under subsections 5402(b) and (c) of title 39.’’. him to the bill S. 3001, to authorize ap- tinue to apply for the relevant market or (6) Section 41910 is amended by striking the propriations for fiscal year 2009 for markets. first sentence and inserting ‘‘The United ‘‘(2) CONTRACT PROCESS.—The Postal Serv- States Postal Service may weigh mail trans- military activities of the Department ice shall contract for foreign air transpor- ported by aircraft between places in Alaska of Defense, for military construction, tation as set forth in paragraph (1) through and make statistical and –administrative and for defense activities of the De- an open procurement process that will pro- computations necessary in the interest of partment of Energy, to prescribe mili- vide— mail service.’’.

VerDate Mar 15 2010 22:10 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\2008SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8866 CONGRESSIONAL RECORD — SENATE September 16, 2008 (7) Chapter 419 is amended— ghanistan, Pakistan, and India work to- (8) According to a Government Account- (A) by striking sections 41905, 41907, 41908, gether to address common challenges ham- ability Office Report, (GAO–08–622), ‘‘since and 41911; and pering the stability, security, and develop- 2003, the administration’s national security (B) redesignating sections 41906, 41909, ment of their region and to enhance their co- strategies and Congress have recognized that 41910, and 49112 as sections 41905, 41906, 41907, operation. a comprehensive plan that includes all ele- and 41908, respectively. (b) ESTABLISHMENT.—The President should ments of national power— diplomatic, mili- (8) The chapter analysis for chapter 419 is appoint a special envoy to promote closer co- tary, intelligence, development assistance, amended by redesignating the items relating operation among the countries referred to in economic, and law enforcement support— to sections 41906, 41909, 41910, and 49112 as re- subsection (a). was needed to address the terrorist threat lating to sections 41905, 41906, 41907, and (c) APPOINTMENT.—The special envoy will emanating from the FATA’’ and that such a 41908, respectively. be appointed with the advice and consent of strategy was also mandated by section (9) Section 101(f) of title 39, United States the Senate and shall have the rank of ambas- 7102(b)(3) of the Intelligence Reform and Ter- Code, is amended by striking ‘‘mail and shall sador. rorism Prevention Act of 2004 (Public Law make a fair and equitable distribution of (d) DUTIES.—The primary responsibility of 108–458; 22 U.S.C. 2656f note) and section mail business to carriers providing similar the special envoy, reporting through the As- 2042(b)(2) of the Implementing the Rec- modes of transportation services to the Post- sistant Secretary of State for South and ommendations of the 9/11 Commission Act of al Service.’’ and inserting ‘‘mail.’’. Central Asia, shall be to strengthen and fa- 2007 (Public Law 110–53; 22 U.S.C. 2375 note). (9) Subsections (b) and (c) of section 3401 of cilitate relations among the countries re- (9) According to United States military title 39, United States Code, are amended— ferred to in subsection (a) for the benefit of sources and unclassified intelligence reports, (A) by striking ‘‘at rates fixed and deter- stability and economic growth in the region. including the July 2007 National Intelligence mined by the Secretary of Transportation in Estimate entitled, ‘‘The Terrorist Threat to accordance with section 41901 of title 49’’ and SA 5602. Mr. BIDEN (for himself and the U.S. Homeland’’, the Taliban, al Qaeda, inserting ‘‘or, for carriage of mail in foreign Mr. LUGAR) submitted an amendment and their Pakistani affiliates continue to use air transportation, other air carriers, air intended to be proposed to amendment territory in Pakistan as a haven, recruiting location, and rear base for violent actions in taxi operators or foreign air carriers as per- SA 5566 submitted by Mr. BIDEN (for both Afghanistan and Pakistan, as well as mitted by section 5402 of this title’’; himself and Mr. LUGAR) and intended (B) by striking ‘‘at rates not to exceed attacks globally, and pose a threat to the to be proposed to the Bill S. 3001, to au- United States homeland. those so fixed and determined for scheduled thorize appropriations for fiscal year United States air carriers’’; (10) The toll of terrorist attacks, including (C) by striking ‘‘scheduled’’ each place it 2009 for military activities of the De- suicide bombs, on the people of Pakistan in- appears and inserting ‘‘certificated’’; and partment of Defense, for military conclude thousands of citizens killed and wound- (D) by striking the last sentence in each struction, and for defense activities of ed across the country, over 1,400 military such subsection. the Department of Energy, to prescribe and police forces killed (including 700 since (10) Section 5402(a) of title 39, United military personnel strengths for such July 2007), and dozens of tribal, provincial, and national officials targeted and killed, as States Code, is amended— fiscal year, and for other purposes; (A) by inserting ‘‘ ‘foreign air carrier’.’’ well as the brazen assassination of former which was ordered to lie on the table; prime minister Benazir Bhutto while cam- after ‘‘ ‘interstate air transportation’,’’ in as follows: paigning in Rawalpindi on December 27, 2007, paragraph (2); and several attempts on the life of President (B) by redesignating paragraphs (7) In lieu of the matter proposed to be in- Pervaiz Musharraf, and the rate of such at- through (23) as paragraphs (8) through (24) serted, insert the following: tacks have grown considerably over the past and inserting after paragraph (6) the fol- Subtitle E—Enhanced Partnership With 2 years. lowing: Pakistan (11) The people of Pakistan and the United ‘‘(7) the term ‘certificated air carrier’ SEC. 1241. SHORT TITLE. States share many compatible goals, includ- means an air carrier that holds a certificate This subtitle may be cited as the ‘‘En- ing— of public convenience and necessity issued hanced Partnership with Pakistan Act of (A) combating terrorism and violent radi- under section 41102(a) of title 49;’’; 2008’’. calism, both inside Pakistan and elsewhere; (C) by redesignating paragraphs (9) SEC. 1242. FINDINGS. (B) solidifying democracy and the rule of through (24), as redesignated, as paragraphs Congress makes the following findings: law in Pakistan; (10) through (25), respectively, and inserting (1) The people of Pakistan and the United (C) promoting the economic development after paragraph (8) the following: States have a long history of friendship and of Pakistan, both through the building of in- ‘‘(9) the term ‘code-share relationship’ comity, and the vital interests of both na- frastructure and the facilitation of increased means a relationship pursuant to which any tions are well-served by strengthening and trade; certificated air carrier or foreign air car- deepening this friendship. (D) promoting the social and material rier’s designation code is used to identify a (2) In February 2008, the people of Pakistan well-being of Pakistani citizens, particularly flight operated by another air carrier or for- elected a civilian government, reversing through development of such basic services eign air carrier;’’; and months of political tension and intrigue, as as public education, access to potable water, (D) by inserting ‘‘foreign air carrier,’’ after well as mounting popular concern over gov- and medical treatment; and ‘‘terms’’ in paragraph (2). ernance and their own democratic reform (E) safeguarding the peace and security of (c) EFFECTIVE DATE.—The amendments and political development. South Asia, including by facilitating peace- made by this section shall take effect on Oc- (3) A democratic, moderate, modernizing ful relations between Pakistan and its neigh- tober 1, 2008. Pakistan would represent the wishes of that bors. country’s populace, and serve as a model to (12) According to consistent opinion re- SA 5601. Mr. BIDEN (for himself and other countries around the world. search, including that of the Pew Global At- Mr. LUGAR) submitted an amendment (4) Pakistan is a major non-NATO ally of titudes Survey (December 28, 2007) and the intended to be proposed to amendment the United States, and has been a valuable International Republican Institute (January SA 5441 submitted by Mr. REID (for Mr. partner in the battle against al Qaeda and 29, 2008), many people in Pakistan have his- BIDEN (for himself and Mr. LUGAR)) and the Taliban. torically viewed the relationship between intended to be proposed to the bill S. (5) The struggle against al Qaeda, the the United States and Pakistan as a trans- 3001, to authorize appropriations for Taliban, and affiliated terrorist groups has actional one, characterized by a heavy emphasis on security issues with little atten- fiscal year 2009 for military activities led to the deaths of several thousand Paki- stani civilians and members of the security tion to other matters of great interest to of the Department of Defense, for mili- forces of Pakistan over the past 6 years. citizens of Pakistan. tary construction, and for defense ac- (6) Since the terrorist attacks of Sep- (13) The election of a civilian government tivities of the Department of Energy, tember 11, 2001, more al Qaeda terrorist sus- in Pakistan in February 2008 provides an op- to prescribe military personnel pects have been apprehended in Pakistan portunity, after nearly a decade of military- strengths for such fiscal year, and for than in any other country, including Khalid dominated rule, to place relations between other purposes; which was ordered to Sheikh Muhammad, Ramzi bin al-Shibh, and Pakistan and the United States on a new and lie on the table; as follows: Abu Faraj al-Libi. more stable foundation. (7) Despite the sacrifices and cooperation (14) Both the Government of Pakistan and In lieu of the matter proposed to be in- of the security forces of Pakistan, the top the United States Government should seek serted, insert the following: leadership of al Qaeda, as well as the leader- to enhance the bilateral relationship Subtitle E—Other Matters ship and rank-and-file of affiliated terrorist through additional multi-faceted engage- SEC. 1241. SPECIAL ENVOY FOR AFGHANISTAN, groups, are believed to use Pakistan’s Feder- ment in order to strengthen the foundation PAKISTAN, AND INDIA. ally Administered Tribal Areas (FATA) as a for a consistent and reliable long-term part- (a) STATEMENT OF POLICY.—Congress de- haven and a base from which to organize ter- nership between the two countries. clares that it is in the national interest of rorist actions in Pakistan and with global SEC. 1243. DEFINITIONS. the United States that the countries of Af- reach. In this subtitle:

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(1) APPROPRIATE CONGRESSIONAL COMMIT- (7) to work with the Government of Paki- (e) PREFERENCE FOR BUILDING LOCAL CA- TEES.—The term ‘‘appropriate congressional stan to help bring peace, stability, and devel- PACITY.—The President is encouraged, as ap- committees’’ means the Committees on Ap- opment to all regions of Pakistan, especially propriate, to utilize Pakistani firms and propriations and Foreign Relations of the those in the Pakistan-Afghanistan border community and local nongovernmental orga- Senate and the Committees on Appropria- areas, including support for an effective nizations in Pakistan to provide assistance tions and Foreign Affairs of the House of counterinsurgency strategy; and under this section. Representatives. (8) to expand people-to-people engagement (f) AUTHORITY TO USE FUNDS FOR OPER- (2) COUNTERINSURGENCY.—The term ‘‘coun- between the United States and Pakistan, ATIONAL EXPENSES.—Funds authorized by terinsurgency’’ means efforts to defeat orga- through increased educational, technical, this section may be used for operational ex- nized movements that seek to overthrow the and cultural exchanges and other methods. penses. Funds may also be made available to duly constituted Governments of Pakistan SEC. 1245. SENSE OF CONGRESS ON AUTHORIZA- the Inspector General of the United States and Afghanistan through the use of subver- TION OF FUNDS. Agency for International Development to sion and armed conflict. (a) SENSE OF CONGRESS ON AUTHORIZATION provide audits and program reviews of (3) COUNTERTERRORISM.—The term OF FUNDS.—It is the sense of Congress that projects funded pursuant to this section. ‘‘counterterrorism’’ means efforts to combat there should be authorized to be appro- (g) USE OF SPECIAL AUTHORITY.—The Presi- al Qaeda and other foreign terrorist organi- priated to the President, for the purposes of dent is encouraged to utilize the authority of zations that are designated by the Secretary providing assistance to Pakistan under the section 633(a) of the Foreign Assistance Act of State in accordance with section 219 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 of 1961 (22 U.S.C. 2393(a)) to expedite assist- Immigration and Nationality Act (8 U.S.C. et seq.), the following amounts: ance to Pakistan under this section. 1189). (1) For fiscal year 2009, up to $1,500,000,000. (h) USE OF FUNDS.—Funds appropriated or (4) FATA.—The term ‘‘FATA’’ means the (2) For fiscal year 2010, up to $1,500,000,000. otherwise made available to carry out this Federally Administered Tribal Areas of (3) For fiscal year 2011, up to $1,500,000,000. section shall be utilized to the maximum ex- Pakistan. (4) For fiscal year 2012, up to $1,500,000,000. tent possible as direct expenditures for (5) NWFP.—The term ‘‘NWFP’’ means the (5) For fiscal year 2013, up to $1,500,000,000. projects and programs by the United States (b) SENSE OF CONGRESS ON ECONOMIC SUP- North West Frontier Province of Pakistan, mission in Pakistan, subject to existing re- which has Peshawar as its provincial capital. PORT FUNDS.—It is the sense of Congress that, subject to an improving political and porting and notification requirements. (6) PAKISTAN-AFGHANISTAN BORDER AREAS.— (i) NOTIFICATION REQUIREMENTS.— The term ‘‘Pakistan-Afghanistan border economic climate, there should be authorized to be appropriated up to $1,500,000,000 per (1) NOTICE OF ASSISTANCE FOR BUDGET SUP- areas’’ includes the Pakistan regions known PORT.—The President shall notify Congress as NWFP, FATA, and parts of Balochistan in year for fiscal years 2014 through 2018 for the purpose of providing assistance to Pakistan not later than 15 days before providing any which the Taliban or Al Qaeda have tradi- assistance under this section as budgetary tionally found refuge. under the Foreign Assistance Act of 1961. (c) SENSE OF CONGRESS ON SECURITY-RE- support to the Government of Pakistan or (7) SECURITY-RELATED ASSISTANCE.—The any element of such Government. term ‘‘security-related assistance’’ means— LATED ASSISTANCE.—It is the sense of Con- gress that security-related assistance to the (2) ANNUAL REPORT.—The President shall (A) grant assistance to carry out section 23 submit to the appropriate congressional of the Arms Export Control Act (22 U.S.C. Government of Pakistan should be provided in close coordination with the Government committees a report on assistance provided 2763); of Pakistan, designed to improve the Govern- under this section. The report shall de- (B) assistance under chapter 2 of part II of ment’s capabilities in areas of mutual con- scribe— the Foreign Assistance Act of 1961 (22 U.S.C. cern, and maintained at a level that will (A) all expenditures under this section, by 2311 et seq.); bring significant gains in pursuing the poli- region; (C) assistance under chapter 5 of part II of cies set forth in paragraphs (5), (6), and (7) of (B) the intended purpose for such assist- the Foreign Assistance Act of 1961 (22 U.S.C. section 1244. ance, the strategy or plan with which it is 2347 et seq.); (d) USE OF FUNDS.—Funds appropriated aligned, and a timeline for completion asso- (D) any equipment, supplies, and training pursuant to the authorization of appropria- ciated with such strategy or plan; provided pursuant to section 1206 of the Na- tions under this section shall be used for tional Defense Authorization Act for Fiscal (C) the partner or partners contracted for projects determined by an objective measure that purpose, as well as a measure of the ef- Year 2006 (Public Law 109–163; 119 Stat. 3456); to be of clear benefit to the people of Paki- and fectiveness of the partner or partners; stan, including projects that promote— (D) any shortfall in financial, physical, (E) any equipment, supplies, and training (1) just and democratic governance, includ- provided pursuant to section 1206 of the Na- technical, or human resources that hinder ef- ing— fective use and monitoring of such funds; and tional Defense Authorization Act for Fiscal (A) political pluralism, equality, and the Year 2008 (Public Law 110–181; 122 Stat. 368). (E) any negative impact, including the ab- rule of law; sorptive capacity of the region for which the (8) SECURITY FORCES OF PAKISTAN.—The (B) respect for human and civil rights; term ‘‘security forces of Pakistan’’ means resources are intended, of United States bi- (C) independent, efficient, and effective ju- lateral or multilateral assistance and rec- the military, paramilitary, and intelligence dicial systems; services of the Government of Pakistan, in- ommendations for modification of funding, if (D) transparency and accountability of all any. cluding the armed forces, Inter-Services In- branches of government and judicial pro- (j) SENSE OF CONGRESS ON FUNDING OF PRI- telligence Directorate, Intelligence Bureau, ceedings; and ORITIES.—It is the sense of Congress that the police forces, Frontier Corps, and Frontier (E) anticorruption efforts among police, Constabulary. Government of Pakistan should allocate a civil servants, elected officials, and all levels greater portion of its budget, consistent with SEC. 1244. STATEMENT OF POLICY. of government administration, including the It is the policy of the United States— its ‘‘Poverty Reduction Strategy Paper’’, to military; the recurrent costs associated with edu- (1) to support the consolidation of democ- (2) economic freedom, including— cation, health, and other priorities described racy, good governance, and rule of law in (A) private sector growth and the sustain- in this section. Pakistan; able management of natural resources; (2) to affirm and build a sustained, long- (B) market forces in the economy; and SEC. 1246. LIMITATION ON CERTAIN ASSISTANCE. term, multifaceted relationship with Paki- (C) worker rights, including the right to (a) LIMITATION ON CERTAIN MILITARY AS- stan; form labor unions and legally enforce provi- SISTANCE.—Beginning in fiscal year 2010, no (3) to further the sustainable economic de- sions safeguarding the rights of workers and grant assistance to carry out section 23 of velopment of Pakistan and the improvement local community stakeholders; and the Arms Export Control Act (22 U.S.C. 2763) of the living conditions of its citizens by ex- (3) investments in people, particularly and no assistance under chapter 2 of part II panding United States bilateral engagement women and children, including— of the Foreign Assistance Act of 1961 (22 with the Government of Pakistan, especially (A) broad-based public primary and sec- U.S.C. 2311 et seq.) may be provided to Paki- in areas of direct interest and importance to ondary education and vocational training for stan in a fiscal year until the Secretary of the daily lives of the people of Pakistan; both boys and girls; State makes the certification required under (4) to work with Pakistan and the coun- (B) the construction of roads, irrigation subsection (c). tries bordering Pakistan to facilitate peace channels, wells, and other physical infra- (b) LIMITATION ON ARMS TRANSFERS.—Be- in the region and harmonious relations be- structure; ginning in fiscal year 2012, no letter of offer tween the countries of the region; (C) agricultural development to ensure to sell major defense equipment to Pakistan (5) to work with the Government of Paki- food staples in times of severe shortage; may be issued pursuant to the Arms Export stan to prevent any Pakistani territory from (D) quality public health, including med- Control Act (22 U.S.C. 2751 et seq.) and no li- being used as a base or conduit for terrorist ical clinics with well trained staff serving cense to export major defense equipment to attacks in Pakistan, Afghanistan, or else- rural and urban communities; and Pakistan may be issued pursuant to such Act where in the world; (E) public-private partnerships in higher in a fiscal year until the Secretary of State (6) to work in close cooperation with the education to ensure a breadth and consist- makes the certification required under sub- Government of Pakistan to coordinate mili- ency of Pakistani graduates to help section (c). tary and paramilitary action against ter- strengthen the foundation for improved gov- (c) CERTIFICATION.—The certification re- rorist targets; ernance and economic vitality. quired by this subsection is a certification to

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(b) Congressional Initiative Defined.—In the Secretary of State, after consultation It is the sense of Congress that the United this section, the term ‘‘congressional initia- with the Secretary of Defense and the Direc- States should— tive’’ means a provision of law or a directive tor of National Intelligence, that the secu- (1) recognize the bold political steps the contained within a committee report or joint rity forces of Pakistan— Pakistan electorate has taken during a time statement of managers of an appropriations (1) are making concerted efforts to prevent of heightened sensitivity and tension in 2007 Act that specifies— al Qaeda and associated terrorist groups and 2008 to elect a new civilian government; (1) the identity of a person or entity se- from operating in the territory of Pakistan; (2) seize this strategic opportunity in the lected to carry out a project, including a de- (2) are making concerted efforts to prevent interests of Pakistan as well as in the na- fense system, for which funds are appro- the Taliban from using the territory of Paki- tional security interests of the United States priated or otherwise made available by that stan as a sanctuary from which to launch at- to expand its engagement with the Govern- provision of law or directive and that was tacks within Afghanistan; and ment and people of Pakistan in areas of par- not requested by the President in a budget (3) are not materially interfering in the po- ticular interest and importance to the people submitted to Congress; litical or judicial processes of Pakistan. of Pakistan; and (2) the specific location at which the work (d) WAIVER.—The Secretary of State may (3) continue to build a responsible and re- for a project is to be done; and waive the limitations in subsections (a) and ciprocal security relationship taking into ac- (b) if the Secretary determines it is in the count the national security interests of the (3) the amount of the funds appropriated or national security interests of the United United States as well as regional and na- otherwise made available for such project. States to provide such waiver. tional dynamics in Pakistan to further strengthen and enable the position of Paki- (e) PRIOR NOTICE OF WAIVER.—A waiver SA 5604. Mr. DURBIN (for himself pursuant to subsection (d) may not be exer- stan as a major non-NATO ally. and Mr. BROWNBACK) submitted an cised until 15 days after the Secretary of State provides to the appropriate congres- SA 5603. Mr. COBURN submitted an amendment intended to be proposed by sional committees written notice of the in- amendment intended to be proposed by him to the bill S. 3001, to authorize ap- tent to issue such waiver and the reasons him to the bill S. 3001, to authorize appropriations for fiscal year 2009 for therefor. propriations for fiscal year 2009 for military activities of the Department SEC. 1247. SENSE OF CONGRESS ON COALITION military activities of the Department of Defense, for military construction, SUPPORT FUNDS. of Defense, for military construction, and for defense activities of the De- It is the sense of Congress that— and for defense activities of the De- partment of Energy, to prescribe mili- (1) Coalition Support Funds are critical partment of Energy, to prescribe military personnel strengths for such fiscal components of the global fight against ter- year, and for other purposes; which was rorism and the primary support for military tary personnel strengths for such fiscal operations of the Government of Pakistan to year, and for other purposes; which was ordered to lie on the table; as follows: destroy the terrorist threat and close the ordered to lie on the table; as follows: On page 360, after line 20, add the fol- terrorist safe haven, known or suspected, in At the appropriate place, add the following: the FATA, the NWFP, and other regions of lowing: Pakistan; SEC. ll. PROHIBITION ON USE OF EARMARKS Subtitle E—Child Soldiers Prevention (2) despite the broad discretion Congress TO AWARD NO BID CONTRACTS AND SEC. 1241. SHORT TITLE. granted the Secretary of Defense in terms of NONCOMPETITIVE GRANTS. managing Coalition Support Funds, the (a) PROHIBITION.— This subtitle may be cited as the ‘‘Child Pakistan reimbursement claims process for (1) CONTRACTS.— Soldiers Prevention Act of 2008’’. Coalition Support Funds requires increased (A) IN GENERAL.—Notwithstanding any SEC. 1242. DEFINITIONS. oversight and accountability, consistent other provision of this Act, all contracts greater than $5 million awarded by the De- In this subtitle: with the conclusions of the June 2008 report (1) APPROPRIATE CONGRESSIONAL COMMIT- of the United States Government Account- partment of Defense to implement new programs or projects, including congressional TEES.—The term ‘‘appropriate congressional ability Office (GAO-08-806); and committees’’ means— (3) in order to ensure that this significant initiatives, shall be awarded using competitive procedures in accordance with the re- (A) the Committee on Foreign Relations of United States effort in support of countering the Senate; terrorism in Pakistan effectively ensures the quirements of section 2304 of title 10, United States Code, and the Federal Acquisition (B) the Committee on Appropriations of intended use of Coalition Support Funds, and the Senate; to avoid redundancy in other security assist- Regulation. (B) BID REQUIREMENT.—Except as provided (C) the Committee on Foreign Affairs of ance programs, such as Foreign Military Fi- in paragraph (3), no contract maybe awarded the House of Representatives; and nancing and Foreign Military Sales, more by the Department of Defense to implement (D) the Committee on Appropriations of specific guidance should be generated, and a new program or project, including a con- the House of Representatives. accountability delineated, for officials asso- gressional initiative, unless more than one (2) CHILD SOLDIER.—Consistent with the ciated with oversight of this program within bid is received for such contract. provisions of the Optional Protocol to the the United States Embassy in Pakistan, the (2) GRANTS.—Notwithstanding any other Convention of the Rights of the Child, the United States Central Command, the Depart- provision of this Act, no funds may be term ‘‘child soldier’’— ment of Defense, the Department of State, awarded by the Department of Defense by (A) means— and the Office of Management and Budget. grant or cooperative agreement to imple- (i) any person under 18 years of age who SEC. 1248. AFGHANISTAN-PAKISTAN BORDER ment a new program or project including a takes a direct part in hostilities as a member STRATEGY. congressional initiative unless the process of governmental armed forces; (a) DEVELOPMENT OF COMPREHENSIVE used to award such grant or cooperative (ii) any person under 18 years of age who STRATEGY.—The Secretary of State, in con- agreement uses competitive or merit-based has been compulsorily recruited into govern- sultation with the Secretary of Defense, the procedures to select the grantee or award re- mental armed forces; Director of National Intelligence, and such cipient. Except as provided in paragraph (3), (iii) any person under 15 years of age who other government officials as may be appro- no such grant or cooperative agreement may has been voluntarily recruited into govern- priate, shall develop a comprehensive, cross- be awarded unless applications for such mental armed forces; or border strategy for working with the Gov- grant or cooperative agreement are received (iv) any person under 18 years of age who ernment of Pakistan, the Government of Af- from two or more applicants that are not has been recruited or used in hostilities by ghanistan, NATO, and other like-minded al- from the same organization and do not share armed forces distinct from the armed forces lies to best implement effective counterter- any financial, fiduciary, or other organiza- of a state; and rorism and counterinsurgency measurers in tional relationship. (B) includes any person described in and near the border areas of Pakistan and (3) WAIVER AUTHORITY.—IN GENERAL.—If clauses (ii), (iii), or (iv) of subparagraph (A) Afghanistan, especially in known or sus- the Secretary of Defense does not receive who is serving in any capacity, including in pected safe havens such as Pakistan’s FATA, more than one bid for a contract under para- a support role such as a cook, porter, mes- the NWFP, parts of Balochistan, and other graph (I)(B) or does not receive more than senger, medic, guard, or sex slave. critical areas in the south and east border one application from unaffiliated applicants SEC. 1243. PROHIBITION. areas of Afghanistan. for a grant or cooperative agreement under (b) REPORT.—Not later than June 1, 2009, paragraph (2), the Secretary may waive such (a) IN GENERAL.—Subject to subsections the Secretary of State shall submit to the bid or application requirement if the Sec- (c), (d), and (e), none of the funds appro- appropriate congressional committees a de- retary determines that the new program or priated or otherwise made available for tailed description of a comprehensive strat- project— international military education and train- egy for counterterrorism and counterinsur- (A) cannot be implemented without a waiv- ing, foreign military financing, or the trans- gency in the FATA, as well as proposed er; and fer of excess defense articles under section timelines and budgets for implementing the (B) will help meet important national de- 516 of the Foreign Assistance Act of 1961 (22 strategy. fense needs. U.S.C. 2321j), the Arms Export Control Act

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

VerDate Mar 15 2010 22:10 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\2008SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8870 CONGRESSIONAL RECORD — SENATE September 16, 2008 (a) upon certifying to the appropriate con- ‘‘(c) The Secretary of State, with the as- viding procedures that result in a reliable de- gressional committees that the government sistance of other relevant officials, shall es- termination of whether the detainee has in of such country— tablish as part of the standard training pro- fact engaged in such conduct. (1) has implemented measures that include vided for chiefs of mission, deputy chiefs of (6) Committees of Congress should con- an action plan and actual steps to come into mission, and other officers of the Service tinue to hold public hearings, consult with compliance with the standards outlined in who are or will be involved in the assessment national security and legal experts, and take section 1244(b); and of child soldier use or the drafting of the an- the time to write responsible, bipartisan leg- (2) has implemented policies and mecha- nual Human Rights Report, instruction on islation regarding this complex issue as nec- nisms to prohibit and prevent future govern- matters related to child soldiers, and the essary. ment or government-supported use of child substance of the Child Soldiers Prevention (7) Federal judges in the District of Colum- soldiers and to ensure that no children are Act of 2008.’’. bia have already begun to consider habeas recruited, conscripted, or otherwise com- SEC. 1246. EFFECTIVE DATE; APPLICABILITY. corpus petitions filed by detainees at Guan- pelled to serve as child soldiers. This subtitle, and the amendments made tanamo Bay and are well equipped to manage (e) EXCEPTION FOR PROGRAMS DIRECTLY RE- by this subtitle, shall take effect 180 days the pending litigation. The Supreme Court, LATED TO ADDRESSING THE PROBLEM OF CHILD after the date of the enactment of this Act in Boumediene v. Bush, expressed confidence SOLDIERS OR PROFESSIONALIZATION OF THE and shall apply to funds obligated after such that any remaining questions ‘‘are within MILITARY.— effective date. the expertise and competence of the District (1) IN GENERAL.—The President may pro- Court to address in the first instance’’. vide assistance to a country for inter- SA 5606. Mr. REID submitted an (8) The Federal courts have consolidated national military education, training, and amendment intended to be proposed to all of the habeas corpus cases of Guanta- nonlethal supplies (as defined in section amendment SA 5355 submitted by Mr. namo Bay detainees in the District Court for 2557(d)(1)(B) of title 10, United States Code) GRAHAM (for himself and Mr. LIEBER- the District of Columbia, and the chief judge otherwise prohibited under subsection (a) MAN) and intended to be proposed to of that court is coordinating key procedural upon certifying to the appropriate congres- the bill S. 3001, authorize appropria- issues in these cases. sional committees that— (9) Federal courts have a long history of (A) the government of such country is tak- tions for fiscal year 2009 for military considering habeas corpus petitions in sen- ing reasonable steps to implement effective activities of the Department of De- sitive cases and can be trusted to adjudicate measures to demobilize child soldiers in its fense, for military construction, and these matters in a manner that does not forces or in government-supported for defense activities of the Depart- compromise national security in any respect. paramilitaries and is taking reasonable steps ment of Energy, to prescribe military (10) The Federal courts—particularly those within the context of its national resources personnel strengths for such fiscal of the District of Columbia—have repeatedly to provide demobilization, rehabilitation, year, and for other purposes; which was demonstrated that they can protect classi- and reintegration assistance to those former ordered to lie on the table; as follows: fied information. Federal judges responsibly child soldiers; and handled classified information in the cases of (B) the assistance provided by the United In lieu of the matter proposed to be in- Rasul v. Bush, Hamdan v. Rumsfeld, and States Government to the government of serted, insert the following: Boumediene v. Bush, and in the review proc- such country will go to programs that will SEC. 1041. SENSE OF SENATE ON LEGISLATIVE ess under the Detainee Treatment Act in directly support professionalization of the ACTION REGARDING HABEAS COR- PUS REVIEW FOR DETAINEES AT such cases as Bismullah v. Gates, 501 F.3d 178 military. GUANTANAMO BAY, CUBA. (D.C. Cir. 2007), and Parhat v. Gates, 532 F.3d (2) LIMITATION.—The exception under para- (a) FINDINGS.—The Senate makes the fol- 834 (D.C. Cir. 2008). Extensive experience with graph (1) may not remain in effect for a lowing findings: the Classified Information Procedures Act country for more than 2 years. (1) Seven years after the terrorist attacks (CIPA) and the Freedom of Information Act SEC. 1244. REPORTS. of September 11, 2001, the perpetrators of (FOIA) further demonstrates the competence (a) INVESTIGATION OF ALLEGATIONS REGARD- that heinous deed have yet to be brought to of Federal judges to handle highly sensitive ING CHILD SOLDIERS.—United States missions justice. information in a manner that fully addresses abroad shall thoroughly investigate reports (2) Policies that circumvent the require- national security concerns. of the use of child soldiers. ments of the United States Constitution and (11) Both candidates for President of the (b) INFORMATION FOR ANNUAL HUMAN international treaties to which the United major political parties have called for sig- RIGHTS REPORTS.—In preparing those por- States is a signatory have created a legal nificant changes to detention operations at tions of the annual Human Rights Report morass that has undermined efforts to bring Guantanamo Bay. A new President should be that relate to child soldiers under sections accused terrorists to justice. afforded an opportunity to review existing 116 and 502B of the Foreign Assistance Act of (3) On four occasions, the Supreme Court policies and make such recommendations to 1961 (22 U.S.C. 2151n (f) and 2304(h)), the Sec- has rejected the current Administration’s Congress as he considers necessary and ap- retary of State shall ensure that such re- legal rules for individuals at Guantanamo propriate. ports include a description of the use of child Bay, Cuba, and elsewhere, causing years of (b) SENSE OF SENATE.—It is the sense of the soldiers in each foreign country, including— delay and uncertainty: Senate that— (1) trends toward improvement in such (A) In Rasul v. Bush, 542 U.S. 466 (2004), the (1) the decision of the Supreme Court in country of the status of child soldiers or the Supreme Court held that the Federal habeas Boumediene v. Bush presents complex legal continued or increased tolerance of such corpus statute applied to detainees held at and logistical issues that cannot be satisfac- practices; and Guantanamo Bay. torily resolved in the closing weeks of the (2) the role of the government of such (B) In Hamdi v. Rumsfeld, 542 U.S. 507 110th Congress; country in engaging in or tolerating the use (2004), the Supreme Court held that a United (2) Congress should enact legislation to ad- of child soldiers. States citizen detained as an enemy combat- dress these complex matters, as necessary, (c) ANNUAL REPORT TO CONGRESS.—If, in ant on United States soil must be provided a only after careful and responsible delibera- any of the 5 years following the date of the meaningful opportunity to challenge the fac- tion; enactment of this Act, a country or coun- tual basis for his detention. (3) a hasty legislative response to the tries are notified pursuant to section (C) In Hamdan v. Rumsfeld, 548 U.S. 557 Boumediene v. Bush decision would unduly 1243(b)(2) or a waiver is granted pursuant to (2006), the Supreme Court held that the mili- complicate pending litigation and could re- section 1243(c)(1), the President shall submit tary commissions established by the Admin- sult in another judicial reversal that would a report to the appropriate congressional istration violated the Uniform Code of Mili- set back the goal of establishing stable and committees not later than June 15 of the fol- tary Justice and the Geneva Conventions. effective anti-terror detention policies; lowing year that contains— (D) Most recently, in Boumediene v. Bush, (4) the committees of Congress having ju- (1) a list of the countries receiving notifi- 128 S.Ct. 2229 (2008), the Supreme Court held risdiction should undertake, after the con- cation that they are in violation of the unconstitutional relevant provisions of the vening of the 111th Congress, a full review of standards under this subtitle; Military Commissions Act of 2006 (Public the legal and policy issues presented by the (2) a list of any waivers or exceptions exer- Law 109–366), finding that the detainees at opinion in Boumediene v. Bush; and cised under this subtitle; Guantanamo Bay have a right to challenge (5) the new President should conduct a (3) justification for any such waivers and the legality of their detention under the comprehensive review of anti-terror deten- exceptions; and United States Constitution. tion policies and should make recommenda- (4) a description of any assistance provided (4) It is important that Congress proceed in tions to Congress during his first six months under this subtitle pursuant to the issuance a deliberate and thoughtful way to write in office for such legislation as he considers of such waiver. rules for the treatment of alleged terrorists necessary to carry out an effective strategy SEC. 1245. TRAINING FOR FOREIGN SERVICE OF- that will pass constitutional muster. for preventing terrorism and bringing al- FICERS. (5) Such rules should allow the United leged terrorists to justice. Section 708 of the Foreign Service Act of States Government to detain, interrogate, 1980 (22 U.S.C. 4028) is amended by adding at and try terrorists who harm the American SA 5607. Mr. NELSON of Florida sub- the end the following: people or conspire to do so, while also pro- mitted an amendment intended to be

VerDate Mar 15 2010 22:10 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\2008SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 16, 2008 CONGRESSIONAL RECORD — SENATE S8871 proposed to amendment SA 5536 sub- attack, including against existing short- and prescribed under section 103, and for deliv- mitted by Mr. SESSIONS (for himself, medium-range missile threats. ering the ballots to the appropriate election Mr. NELSON of Nebraska, Mr. LIEBER- (10) According to the Director of Oper- officials. ational Test and Evaluation, the ground- ‘‘(b) ENSURING DELIVERY PRIOR TO CLOSING MAN, Mr. KYL, Mr. INHOFE, Mr. GRA- based interceptor planned to be deployed in OF POLLS.— HAM, Mr. VITTER, Mr. BROWNBACK, and Poland would require three flight tests to ‘‘(1) IN GENERAL.—Under the procedures es- Mr. CHAMBLISS) and intended to be pro- demonstrate whether it could accomplish its tablished under this section, the Presidential posed to the bill S. 3001, to authorize mission in an operationally effective man- designee shall ensure that any marked ab- appropriations for fiscal year 2009 for ner. Such testing is not expected to begin be- sentee ballot for a regularly scheduled gen- military activities of the Department fore the fall of 2009, and is unlikely to be eral election for Federal office which is col- of Defense, for military construction, concluded before 2011. lected prior to the deadline described in and for defense activities of the De- (11) The Government of Iran continues to paragraph (3) is delivered to the appropriate partment of Energy, to prescribe mili- defy international calls to cease its uranium election official in a State prior to the time enrichment program, has deployed hundreds established by the State for the closing of tary personnel strengths for such fiscal of short- and medium-range ballistic mis- the polls on the date of the election. year, and for other purposes; which was siles, and continues to develop and test bal- ‘‘(2) CONTRACT WITH EXPRESS MAIL PRO- ordered to lie on the table; as follows: listic missiles of increasing range, as well as VIDERS.— In lieu of the matter proposed to be in- a space launch vehicle. ‘‘(A) IN GENERAL.—The Presidential des- serted, insert the following: (b) SENSE OF THE SENATE.—It is the sense ignee shall carry out this section by contract SEC. 1083. SENSE OF THE SENATE ON SUPPORT of the Senate that— with one or more providers of express mail OF CZECH REPUBLIC AND POLAND (1) the decisions by the Governments of Po- services. FOR MISSILE DEFENSE EFFORTS. land and the Czech Republic to station ele- ‘‘(B) SPECIAL RULE FOR VOTERS IN JURISDIC- (a) FINDINGS.—The Senate makes the fol- ments of a missile defense system on their TIONS USING POST OFFICE BOXES FOR COLLEC- lowing findings: territory are a clear affirmation of the com- TION OF MARKED ABSENTEE BALLOTS.—In the (1) The Heads of State and Government of mitment of those governments to support case of an absent uniformed services voter the North Atlantic Treaty Organization the defense of NATO member states, includ- who wishes to use the procedures established (NATO) agreed at the Bucharest Summit on ing the United States, against the threat of under this section and whose marked absen- April 3, 2008, that ‘‘[b]allistic missile pro- long-range ballistic missiles; tee ballot is required by the appropriate liferation poses an increasing threat to Al- (2) the Senate— election official to be delivered to a post of- lies’ forces, territory and populations’’. (A) recognizes the importance of these de- fice box, the Presidential designee shall (2) As part of a broad response to counter cisions taken by the Governments of Poland enter into an agreement with the United the ballistic missile threat, the Heads of and the Czech Republic, as well as the state- States Postal Service for the delivery of the State and Government of NATO ‘‘recognise ments made by NATO Heads of State and ballot to the election official under the pro- the substantial contribution to the protec- Government relative to missile defense at cedures established under this section. tion of Allies from long-range ballistic mis- the Bucharest Summit in April 2008; and ‘‘(3) DEADLINE DESCRIBED.— siles to be provided by the planned deploy- (B) notes the care and seriousness with ‘‘(A) IN GENERAL.—Except as provided in ment of European-based United States mis- which the Governments of Poland and the subparagraph (B), the deadline described in sile defence assets’’. Czech Republic have undertaken their eval- this paragraph is noon (in the location in (3) At the Bucharest Summit, the NATO uation and consideration of these issues; and which the ballot is collected) on the last Heads of State and Government stated that, (3) these decisions will deepen the strategic Tuesday that precedes the date of the elec- with respect to the planned deployment of relationship between the United States Gov- tion. United States missile defense capability, ernment and the Governments of Poland and ‘‘(B) AUTHORITY TO ESTABLISH ALTERNATIVE ‘‘[w]e are exploring ways to link this capa- the Czech Republic and could make a sub- DEADLINE FOR CERTAIN LOCATIONS.—If the bility with current NATO missile defence ef- stantial contribution to the collective capa- Presidential designee determines that the forts as a way to ensure that it would be an bility of NATO to counter future long-range deadline described in subparagraph (A) is not integral part of any future NATO wide mis- ballistic missile threats. sufficient to ensure timely delivery of the sile defence architecture’’. (c) RULE OF CONSTRUCTION.—Nothing in ballot under paragraph (1) with respect to a (4) At the Bucharest Summit, the NATO this section shall be construed to modify the particular location because of remoteness or Heads of State and Government stated that, requirements of section 226 of the National other factors, the Presidential designee may ‘‘[b]earing in mind the principle of the indi- Defense Authorization Act for Fiscal Year establish as an alternative deadline for that visibility of Allied security as well as NATO 2008 (Public Law 110–181; 122 Stat. 41), or location the latest date occurring prior to solidarity, we task the Council in Permanent øsection 232¿ of this Act. the deadline described in subparagraph (A) Session to develop options for a comprehen- which is sufficient to ensure timely delivery sive missile defence architecture to extend SA 5608. Mr. CORNYN submitted an of the ballot under paragraph (1). coverage to all Allied territory and popu- amendment intended to be proposed by ‘‘(4) PROHIBITION ON REFUSAL BY STATES TO lations not otherwise covered by the United him to the bill S. 3001, to authorize ap- ACCEPT MARKED ABSENTEE BALLOTS NOT DE- States system for review at our 2009 Summit, propriations for fiscal year 2009 for LIVERED BY POSTAL SERVICE OR IN PERSON.—A to inform any future political decision’’. military activities of the Department State may not refuse to accept or process (5) On July 8, 2008, the United States Gov- any marked absentee ballot delivered under of Defense, for military construction, the procedures established under this section ernment and the Government of the Czech and for defense activities of the De- Republic signed an agreement on the sta- on the grounds that the ballot is received by tioning of a United States radar facility in partment of Energy, to prescribe mili- the State other than through delivery by the the Czech Republic to track ballistic mis- tary personnel strengths for such fiscal United States Postal Service. siles. year, and for other purposes; which was ‘‘(c) TRACKING MECHANISM.—Under the pro- (6) On August 20, 2008, the United States ordered to lie on the table; as follows: cedures established under this section, the Government and the Government of Poland At the end of subtitle G of title V, add the entity responsible for delivering marked ab- signed an agreement on the stationing of 10 following: sentee ballots to the appropriate election of- ground-based missile defense interceptors in ficials shall implement procedures to enable SEC. 587. PROCEDURES FOR COLLECTION AND any individual whose ballot for a regularly Poland. DELIVERY OF MARKED ABSENTEE (7) Supplemental Status of Forces Agree- BALLOTS OF ABSENT OVERSEAS scheduled general election for Federal office ments (SOFA) regarding the missile defense UNIFORMED SERVICES VOTERS. is collected by the Presidential designee to deployment agreements, not yet signed, are (a) PROCEDURES.— determine whether the ballot has been deliv- required elements of any final agreements to (1) IN GENERAL.—The Uniformed and Over- ered to the appropriate election official, deploy the planned missile defense capabili- seas Citizens Absentee Voting Act (42 U.S.C. using the Internet, an automated telephone ties in the Czech Republic and Poland. 1973ff et seq.) is amended by inserting after system, or such other methods as the entity (8) In order to take legal effect, any final section 103 the following new section: may provide. bilateral missile defense agreements must be ‘‘SEC. 103A. PROCEDURES FOR COLLECTION AND ‘‘(d) ABSENT OVERSEAS UNIFORMED SERV- submitted to and ratified by the parliaments DELIVERY OF MARKED ABSENTEE ICES VOTER DEFINED.—In this section, the of the Czech Republic and Poland, respec- BALLOTS OF ABSENT OVERSEAS term ‘absent overseas uniformed services tively. UNIFORMED SERVICES VOTERS. voter’ means an overseas voter described in (9) The deployment of the planned United ‘‘(a) COLLECTION.—The Presidential des- section 107(5)(A). States missile defense system in the Czech ignee shall establish procedures for col- ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— Republic and Poland would not provide pro- lecting marked absentee ballots of absent There are authorized to be appropriated to tection to southeastern portions of NATO overseas uniformed services voters in regu- the Presidential designee such sums as may territory against missile attack. Additional larly scheduled general elections for Federal be necessary to carry out this section.’’. missile defense capabilities would be re- office, including absentee ballots prepared by (2) EFFECTIVE DATE.—Section 103A of the quired to protect these areas against missile States and Federal write-in absentee ballots Uniformed and Overseas Citizens Absentee

VerDate Mar 15 2010 22:10 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\2008SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8872 CONGRESSIONAL RECORD — SENATE September 16, 2008 Voting Act, as added by this subsection, tion of the program and a detailed descrip- istrator of General Services is authorized to shall apply with respect to the regularly tion of the specific steps taken towards its release the restrictions contained in the deed scheduled general election for Federal office implementation for November 2008, Novem- that conveyed to the city of Eastlake, Ohio, held on or after— ber 2009, and November 2010. the parcel of real property described in sub- (A) November 2008; or (f) DEFINITIONS.—In this section: section (b). (B) if the Presidential designee determines (1) The term ‘‘absent overseas uniformed (b) PROPERTY DESCRIPTION.—The parcel of that such date is not feasible, a date deter- services voter’’ has the meaning given that real property referred to in subsection (a) is mined feasible by the Presidential designee term in section 103A(d) of the Uniformed and the site of the John F. Kennedy Senior Cen- (but in no case later than November 2010). Overseas Citizens Absentee Voting Act, as ter located at 33505 Curtis Boulevard, city of (b) CONFORMING AMENDMENTS.— added by subsection (a). Eastlake, Ohio, on 10.873 acres more or less (1) FEDERAL RESPONSIBILITIES.—Section (2) The term ‘‘Presidential designee’’ as conveyed by the deed from the General 101(b) of such Act (42 U.S.C. 1973ff(b)) is means the official designated under section Services Administration dated July 20, 1964, amended— 101(a) of the Uniformed and Overseas Citizens and recorded in the Lake County Ohio Re- (A) by striking ‘‘and’’ at the end of para- Absentee Voting Act (42 U.S.C. 1973ff(a)). corder’s Office in volume 601 at pages 40–47. graph (6); SEC. 588. PROHIBITION ON REFUSAL TO ACCEPT (c) CONSIDERATION.— (B) by striking the period at the end of VOTER REGISTRATION AND ABSEN- (1) IN GENERAL.—The city of Eastlake shall paragraph (7) and inserting ‘‘; and’’; and TEE BALLOT APPLICATIONS AND pay to the Administrator $30,000 as consider- (C) by adding at the end the following new FEDERAL WRITE-IN ABSENTEE BAL- ation for executing the release under subparagraph: LOTS FOR FAILURE TO MEET NON- section (a). ESSENTIAL REQUIREMENTS. ‘‘(8) carry out section 103A with respect to (2) DEPOSIT OF PROCEEDS.—The Adminis- (a) VOTER REGISTRATION AND ABSENTEE the collection and delivery of marked absen- trator shall deposit any funds received under BALLOT APPLICATIONS.—Section 102 of the tee ballots of absent overseas uniformed paragraph (1) into the Federal Buildings Uniformed and Overseas Citizens Absentee services voters in elections for Federal of- Fund established under section 592 of title 40, Voting Act (42 U.S.C. 1973ff–1) is amended by fice.’’. United States Code. adding at the end the following new sub- (2) STATE RESPONSIBILITIES.—Section 102(a) (3) AVAILABILITY OF AMOUNTS DEPOSITED.— section: of such Act (42 U.S.C. 1973ff—1(a)) is amend- To the extent provided in appropriations ‘‘(e) PROHIBITING REFUSAL TO ACCEPT AP- ed— Acts, amounts deposited into the Federal PLICATIONS FOR FAILURE TO MEET NON- (A) by striking ‘‘and’’ at the end of para- Buildings Fund under paragraph (2) shall be ESSENTIAL REQUIREMENTS.—A State shall ac- graph (4); available for the uses described in section cept and process any otherwise valid voter (B) by striking the period at the end of 592(b) of title 40, United States Code. registration application or absentee ballot paragraph (5) and inserting ‘‘; and’’; and (d) FILING OF INSTRUMENTS TO EXECUTE RE- application (including the official post card (C) by adding at the end the following new LEASE.—The Administrator shall execute and form prescribed under section 101) submitted paragraph: file in the appropriate office or offices a deed in any manner by an absent uniformed serv- ‘‘(6) carry out section 103A(b)(2) with re- of release, amended deed, or other appro- ices voter or overseas voter that contains spect to the processing and acceptance of priate instrument effectuating the release the information required on the official post marked absentee ballots of absent overseas under subsection (a). card form prescribed under section 101 (other uniformed services voters.’’. SEC. 2823. KOOCHICHING COUNTY, MINNESOTA. (c) OUTREACH FOR ABSENT OVERSEAS UNI- than information which the Presidential des- (a) CONVEYANCE AUTHORIZED.—Subject to FORMED SERVICES VOTERS ON PROCEDURES.— ignee, in consultation with the Election As- the requirements of this section, the Admin- The Presidential designee shall take appro- sistance Commission and the Election As- istrator of General Services shall convey to priate actions to inform individuals who are sistance Commission Board of Advisors Koochiching County, Minnesota, the parcel anticipated to be absent overseas uniformed under section 214(a)(1)–(16), determines, services voters in the regularly scheduled under regulations promulgated by the Presi- of real property described in subsection (b), general election for Federal office held in dential designee, is not clearly necessary to including any improvements thereon. November 2008 of the procedures for the col- prevent fraud in the conduct of elections).’’. (b) PROPERTY DESCRIPTION.—The parcel of lection and delivery of marked absentee bal- (b) FEDERAL WRITE-IN ABSENTEE BALLOT.— real property referred to in subsection (a) is lots established pursuant to section 103A of Section 103 of such Act (42 U.S.C. 1973ff–2) is the approximately 5.84 acre parcel located at the Uniformed and Overseas Citizens Absen- amended— 1804 3rd Avenue in International Falls, Min- tee Voting Act, as added by subsection (a), (1) by redesignating subsection (f) as sub- nesota, which is the former site of the including the manner in which such voters section (g); and Koochiching Army Reserve Training Center. may utilize such procedures for the sub- (2) by inserting after subsection (e) the fol- (c) QUITCLAIM DEED.—The conveyance of mittal of marked absentee ballots in regu- lowing new subsection: real property under subsection (a) shall be larly scheduled elections for Federal office. ‘‘(f) PROHIBITING REFUSAL TO ACCEPT BAL- made through a quit claim deed. (d) REPORTS ON UTILIZATION OF PROCE- LOT FOR FAILURE TO MEET NONESSENTIAL RE- (d) CONSIDERATION.— DURES.— QUIREMENTS.—A State shall accept and proc- (1) IN GENERAL.—Koochiching County shall (1) REPORTS REQUIRED.—Not later than 180 ess any otherwise valid Federal write-in ab- pay to the Administrator $30,000 as consider- days after each regularly scheduled general sentee ballot submitted in any manner by an ation for a conveyance of real property under election for Federal office held after January absent uniformed services voter or overseas subsection (a). 1, 2008, the Presidential designee shall sub- voter that contains the information required (2) DEPOSIT OF PROCEEDS.—The Adminis- mit to the congressional defense committees to be submitted with such ballot by the Pres- trator shall deposit any funds received under a report on the utilization of the procedures idential designee (other than information paragraph (1) (less expenses of the convey- for the collection and delivery of marked ab- which the Presidential designee, in consulta- ance) into a special account in the Treasury sentee ballots established pursuant to section with the Election Assistance Commis- established under section 572(b)(5)(A) of title tion 103A of the Uniformed and Overseas sion and the Election Assistance Commission 40, United States Code. Citizens Absentee Voting Act, as so added, Board of Advisors under section 214(a)(1)–(16), (3) AVAILABILITY OF AMOUNTS DEPOSITED.— during such general election. determines, under regulations promulgated To the extent provided in appropriations (2) ELEMENTS.—Each report under para- by the Presidential designee, is not clearly Acts, amounts deposited into a special ac- graph (1) shall include, for the general elec- necessary to prevent fraud in the conduct of count under paragraph (2) shall be available tion covered by such report, a description of elections).’’. to the Secretary of the Army in accordance the utilization of the procedures described in with section 572(b)(5)(B) of title 40, United that paragraph during such general election, SA 5609. Ms. KLOBUCHAR submitted States Code. including the number of marked absentee an amendment intended to be proposed (e) REVERSION.—The conveyance of real ballots collected and delivered under such by her to the bill S. 3001, to authorize property under subsection (a) shall be made procedures. on the condition that the property will re- (e) REPORT ON STATUS OF IMPLEMENTA- appropriations for fiscal year 2009 for vert to the United States, at the option of TION.— military activities of the Department the United States, without any obligation (1) REPORT REQUIRED.—Not later than one of Defense, for military construction, for repayment of the purchase price for the year after the date of the enactment of this and for defense activities of the De- property, if the property ceases to be held in Act, the Presidential designee shall submit partment of Energy, to prescribe mili- public ownership or ceases to be used for a to the congressional defense committees a tary personnel strengths for such fiscal public purpose. report on the status of the implementation year, and for other purposes; which was (f) OTHER TERMS AND CONDITIONS.—The of the program for the collection and deliv- ordered to lie on the table; as follows: conveyance of real property under subsection ery of marked absentee ballots established (a) shall be made subject to such other terms pursuant to section 103A of the Uniformed At the end of subtitle C of title XXVIII, and conditions as the Administrator con- and Overseas Citizens Absentee Voting Act, add the following: siders appropriate to protect the interests of as added by subsection (a). SECTION 2822. EASTLAKE, OHIO. the United States. (2) ELEMENTS.—The report under paragraph (a) RELEASE OF RESTRICTIONS.—Subject to (g) DEADLINE.—The conveyance of real (1) shall include a status of the implementa- the requirements of this section, the Admin- property under subsection (a) shall be made

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not later than 90 days after the date of en- funding requirements related to the oper- ‘‘(A) IN GENERAL.—Subject to subparagraph actment of this Act. ation, training, and equipping of the Corps, (B), the authority provided under this sec- and any other matters relating to the effi- tion shall terminate five years after submis- SA 5610. Ms. COLLINS submitted an cient establishment and operation of the sion to the appropriate congressional com- amendment intended to be proposed by Corps. mittees of the concept of operations required her to the bill S. 3001, to authorize ap- ‘‘(c) MEMBERSHIP.—Membership in the by subsection (b). propriations for fiscal year 2009 for Corps shall be voluntary and open to all Fed- ‘‘(B) NO EFFECT ON ONGOING DEPLOY- eral employees, including uniformed mem- military activities of the Department MENTS.—Expiration of the authority pro- bers of the Armed Services, who are cur- vided under this section shall not affect any of Defense, for military construction, rently members of the Federal acquisition deployment of the Corps that occurred prior and for defense activities of the De- workforce. to the termination of the authority under partment of Energy, to prescribe mili- ‘‘(d) EDUCATION AND TRAINING.—The Ad- subparagraph (A), and any such deployment tary personnel strengths for such fiscal ministrator may establish additional edu- shall continue as authorized by this section year, and for other purposes; which was cational and training requirements, and may prior to its termination. pay for these additional requirements from ordered to lie on the table; as follows: ‘‘(i) APPROPRIATE CONGRESSIONAL COMMIT- funds available in the acquisition workforce TEES DEFINED.—In this section, the term ‘ap- At the end of subtitle F of title VIII, add training fund. the following: propriate congressional committees’ ‘‘(e) SALARY.—The salaries for members of means— SEC. 854. SMALL ARMS PRODUCTION INDUSTRIAL the Corps shall be paid by their parent agen- ‘‘(1) the Committee on Armed Services, the BASE MATTERS. cies out of existing appropriations. Committee on Homeland Security and Gov- (a) AUTHORITY TO MODIFY DEFINITION OF ‘‘(f) AUTHORITY TO DEPLOY THE CORPS.— ernmental Affairs, and the Committee on ‘‘SMALL ARMS PRODUCTION INDUSTRIAL The Administrator, or the Administrator’s Foreign Relations of the Senate; and BASE’’.—Section 2473(c) of title 10, United designee, shall have the authority, upon the ‘‘(2) the Committee on Armed Services, the States Code, is amended by inserting before request of an executive agency, to determine Committee on Oversight and Government the period at the end the following: ‘‘, and when civilian agency members of the Corps Reform, and the Committee on Foreign Af- any subsequent modifications to such list of shall be deployed, in consultation with the fairs of the House of Representatives.’’. firms pursuant to a review by the Secretary head of the agency or agencies employing (b) CLERICAL AMENDMENT.—The table of of Defense’’. the members to be deployed. With respect to contents in section 1(b) of such Act is (b) REVIEW OF SMALL ARMS PRODUCTION IN- members of the Corps who are also members amended by adding at the end the following DUSTRIAL BASE.—Not later than September of the Armed Forces or civilian personnel of new item: 30, 2009, the Secretary of Defense shall re- the Department of Defense, the Secretary of view and determine, based upon manufac- Defense, or the Secretary’s designee, must ‘‘Sec. 44. Contingency Contracting Corps.’’. turing capability and capacity— concur in the Administrator’s deployment (1) whether any firms included in the small determinations. SA 5612. Mr. KERRY submitted an arms production industrial base should be ‘‘(g) ANNUAL AND FINAL PILOT PROGRAM RE- amendment intended to be proposed to eliminated or modified and whether any ad- PORTS.— amendment SA 5593 submitted by Mr. ditional firms should be included; and ‘‘(1) ANNUAL REPORT.— KERRY (for himself and Mr. SMITH) and (2) whether any of the small arms listed in ‘‘(A) IN GENERAL.—The Administrator shall intended to be proposed to the bill S. section 2473(d) of title 10, United States provide to the appropriate congressional 3001, to authorize appropriations for Code, should be eliminated from the list or committees an annual report on the status modified on the list, and whether any addi- of the Corps. fiscal year 2009 for military activities tional small arms should be included in the ‘‘(B) CONTENT.—At a minimum, each report of the Department of Defense, for mili- list. under subparagraph (A) shall include the tary construction, and for defense ac- number of members of the Corps, the fully tivities of the Department of Energy, SA 5611. Ms. COLLINS (for herself burdened cost of operating the program, the to prescribe military personnel and Mr. LIEBERMAN) submitted an number of deployments of members of the strengths for such fiscal year, and for amendment intended to be proposed by program, and the performance of members of other purposes; which was ordered to her to the bill S. 3001, to authorize ap- the program in deployment. lie on the table; as follows: propriations for fiscal year 2009 for ‘‘(2) PILOT PROGRAM REPORT.— ‘‘(A) IN GENERAL.—Not later than four In lieu of the matter proposed to be in- military activities of the Department years after the concept of operations re- serted, insert the following: of Defense, for military construction, quired by subsection (b) is provided to the SEC. ll. SENSE OF THE SENATE. and for defense activities of the De- appropriate congressional committees, the It is the sense of the Senate that— partment of Energy, to prescribe mili- Administrator, in coordination with the Sec- (1) irrespective of the origins of the recent tary personnel strengths for such fiscal retary of Defense, the Secretary of Homeland conflict in Georgia, the disproportionate year, and for other purposes; which was Security, and the Secretary of State, shall military response by the Russian Federation ordered to lie on the table; as follows: provide an assessment of the pilot program on the sovereign, internationally recognized established by this section and make any territory of Georgia, including the South Strike section 812 and insert the following: recommendations relating to continuation Ossetian Autonomous Region (referred to in SEC. 812. CONTINGENCY CONTRACTING CORPS. or modification of the Corps. this section as ‘‘South Ossetia’’) and the Au- (a) IN GENERAL.—The Office of Federal Pro- ‘‘(B) CONTENT.—At a minimum, the report tonomous Republic of Abkhazia (referred to curement Policy Act (41 U.S.C. 403 et seq.) is required by subparagraph (A) shall include, in this section as ‘‘Abkhazia’’), is in viola- amended by adding at the end the following disaggregated by year and in summary, the tion of international law and commitments new section: number of members of the Corps, training of the Russian Federation; ‘‘SEC. 44. CONTINGENCY CONTRACTING CORPS. accomplished, equipment provided, the fully (2) the actions undertaken by the Govern- ‘‘(a) ESTABLISHMENT.—The Administrator burdened cost of operating the program, any ment of the Russian Federation in Georgia shall establish a pilot program that creates a operations for which the Corps was deployed, have diminished its standing in the inter- government-wide Contingency Contracting an assessment of the effectiveness of the national community and should lead to a re- Corps (in this section, referred to as the command and control structure for the view of existing, developing, and proposed ‘Corps’). The members of the Corps shall be Corps, an assessment of the integration of multilateral and bilateral arrangements; available for deployment in responding to deployed members of the Corps with other (3) the United States continues to have in- disasters, natural and man-made, and con- agencies (both at the members’ parent agen- terests in common with the Russian Federa- tingency operations both within and outside cies and while deployed), and the perform- tion, including combating the proliferation the continental United States. ance of members of the Corps during any de- of nuclear weapons and fighting terrorism, ‘‘(b) CONCEPT OF OPERATIONS.—Not later ployments. and these interests can, over time, serve as than 180 days after the date of the enactment ‘‘(h) EFFECTIVE DATES.— the basis for improved long-term relations; of the National Defense Authorization Act ‘‘(1) IN GENERAL.—Subject to paragraphs (2) (4) the Government of the Russian Federa- for Fiscal Year 2009, the Office of Federal and (3), this section shall take effect upon tion should immediately comply with the Procurement Policy, in coordination with the date of the enactment of the National September 8, 2008, follow-on agreement to the Secretary of Defense, the Secretary of Defense Authorization Act for Fiscal Year the 6-point cease-fire agreement negotiated Homeland Security, and the Secretary of 2009. on August 12, 2008; State, shall provide the appropriate congres- ‘‘(2) ESTABLISHMENT AND DEPLOYMENT OF (5) the Government of the Russian Federa- sional committees a concept of operations CORPS.—The Administrator may not estab- tion and the Government of Georgia should— (CONOPS) that provides details on the orga- lish or deploy the Corps until the concept of (A) refrain from the future use of force to nizational structure of the Corps, chain of operations required by subsection (b) has resolve the status of Abkhazia and South command for on-call and deployed members been submitted to the appropriate congres- Ossetia; and of the Corps, training and equipment re- sional committees. (B) work with the United States, Europe, quirements for members of the Corps, and ‘‘(3) PILOT PROGRAM TERMINATION.— and other concerned countries and through

VerDate Mar 15 2010 22:10 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\2008SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8874 CONGRESSIONAL RECORD — SENATE September 16, 2008 the United Nations Security Council, the Or- tive as of December 31, 2009, the authorized designated products at military installations ganization for Security and Cooperation in number of judges of the Court specified in in government or contract maintenance ac- Europe, and other international fora to iden- subsection (a) is increased by two. tivities. tify a political settlement that addresses the ‘‘(2) Effective as of January 1, 2013, an ap- ‘‘(F) A description of steps taken to com- short-term and long-term status of Abkhazia pointment may not be made to the Court if ply with standards for projects built using and South Ossetia, in accordance with prior the appointment would result in there being appropriated funds and established by the United Nations Security Council resolutions; more judges of the Court than the authorized Energy Independence and Security Act of (6) the United States should— number of judges of the Court specified in 2007 for privatized construction projects, (A) provide humanitarian and economic as- subsection (a).’’. whether residential, administrative, or in- sistance to Georgia; On page 47, between lines 20 and 21, insert dustrial.’’. (B) seek to improve commercial relations the following: with Georgia; and ‘‘(15) An assessment of the workload of SA 5616. Mr. KERRY (for himself and (C) working in tandem with the inter- each judge of the Court, including consider- Ms. SNOWE) submitted an amendment national community, continue to support ation of the following: intended to be proposed by him to the the development of a strong, vibrant, ‘‘(A) The time required of each judge for bill S. 3001, to authorize appropriations multiparty democracy in Georgia; disposition of each type of case. for fiscal year 2009 for military activi- (7) the President should consult with Con- ‘‘(B) The number of cases reviewed by the ties of the Department of Defense, for gress on future security cooperation and as- Court. military construction, and for defense sistance to Georgia, as appropriate; ‘‘(C) The average workload of other Fed- activities of the Department of Energy, eral judges’’. (8) the United States continues to support to prescribe military personnel the North Atlantic Treaty Organization declaration reached at the Bucharest Summit SA 5615. Mr. SANDERS submitted an strengths for such fiscal year, and for on April 3, 2008; and amendment intended to be proposed by other purposes; which was ordered to (9) the United States should work with the him to the bill S. 3001, to authorize ap- lie on the table; as follows: European Union, Georgia, and its neighbors propriations for fiscal year 2009 for On page 311, between lines 13 and 14, insert to ensure the free flow of energy to Europe military activities of the Department the following: and the operation of key communication and SEC. 1083. COMMERCIALIZATION PILOT PRO- trade routes. of Defense, for military construction, GRAM. and for defense activities of the De- Section 9(y) of the Small Business Act (15 SA 5613. Mr. LEVIN submitted an partment of Energy, to prescribe mili- U.S.C. 638(y)) is amended— amendment intended to be proposed by tary personnel strengths for such fiscal (1) in paragraph (1)— him to the bill S. 3001, to authorize ap- year, and for other purposes; which was (A) by inserting ‘‘or Small Business Tech- propriations for fiscal year 2009 for ordered to lie on the table; as follows: nology Transfer Program’’ after ‘‘Small military activities of the Department Business Innovation Research Program’’; On page 72, after line 20, add the following: and of Defense, for military construction, SEC. 314. EXTENSION AND EXPANSION OF RE- (B) by adding at the end the following: and for defense activities of the De- PORTING REQUIREMENTS REGARD- ‘‘The authority to create and administer a partment of Energy, to prescribe mili- ING DEPARTMENT OF DEFENSE EN- Commercialization Pilot Program under this ERGY EFFICIENCY PROGRAMS. tary personnel strengths for such fiscal subsection may not be construed to elimi- Section 317(e) of the National Defense Au- nate or replace any other SBIR program or year, and for other purposes; which was thorization Act for Fiscal Year 2002 (Public STTR program that enhances the insertion ordered to lie on the table; as follows: Law 107–107; 115 Stat. 1054) is amended to or transition of SBIR or STTR technologies, On page 458, between lines 12 and 13, insert read as follows: including any such program in effect on the the following: ‘‘(e) REPORTING REQUIREMENTS.— date of enactment of the National Defense SEC. 2842. WATER CONSERVATION INVESTMENT ‘‘(1) IN GENERAL.—Not later than January Authorization Act for Fiscal Year 2006 (Pub- PROGRAM. 1, 2002, and each January 1 thereafter lic Law 109–163; 119 Stat. 3136).’’; (a) ESTABLISHMENT OF ACCOUNT.—There is through 2013, the Secretary shall submit to (2) in paragraph (2), by inserting ‘‘or Small hereby established on the books of the Treas- the congressional defense a report regarding Business Technology Transfer Program’’ ury an account to be known as the ‘‘Depart- progress made toward achieving the energy after ‘‘Small Business Innovation Research ment of Defense Water Conservation Invest- efficiency goals of the Department of De- Program’’; ment Program Account’’ (in this section re- fense, consistent with the provisions of sec- (3) by redesignating paragraphs (5) and (6) ferred to as the ‘‘Account’’). tion 303 of Executive Order 13123 (64 Fed. as paragraphs (7) and (8), respectively; (b) CREDITS TO ACCOUNT.—The Account Reg. 30851; 42 U.S.C. 8521 note) and section shall consist of the following: (4) by inserting after paragraph (4) the fol- 11(b) of Executive Order 13423 (72 Fed. Reg. lowing: (1) Amounts appropriated to the Account. 3919; 42 U.S.C. 4321 note). ‘‘(5) INSERTION INCENTIVES.—For any con- (2) Amounts transferred pursuant to appro- ‘‘(2) REPORTS SUBMITTED AFTER JANUARY 1, tract with a value of not less than priations Acts to the Account from oper- 2008.—Each report required under paragraph $100,000,000, the Secretary of Defense is au- ation and maintenance or military construc- (1) that is submitted after the date of the en- thorized to— tion accounts of the Department of Defense. actment of the National Defense Authoriza- ‘‘(A) establish goals for transitioning (c) USE OF FUNDS.—To the extent provided tion Act for Fiscal Year 2009 shall include Phase III technologies in subcontracting in appropriations Acts, funds in the account the following: may be used— plans; and ‘‘(A) A description of steps taken to ensure ‘‘(B) require a prime contractor on such a (1) to carry out construction or other that facility and installation management contract to report the number and dollar projects authorized by section 2866 of title 10, goals are consistent with current legislative amount of contracts entered into by that United States Code; or and other requirements, including applicable prime contractor for Phase III SBIR or (2) to comply with the requirements of Ex- requirements under the Energy Independence STTR projects. ecutive Order No. 13423 (January 24, 2007) or and Security Act of 2007 (Public Law 110–140). ‘‘(6) GOAL FOR SBIR AND STTR TECHNOLOGY any successor Executive Order relating to ‘‘(B) A description of steps taken to deter- INSERTION.—The Secretary of Defense shall— water conservation. mine best practices for measuring energy ‘‘(A) set a goal to increase the number of consumption in Department of Defense fa- Phase II SBIR contracts and the number of SA 5614. Mr. LEVIN (for Mr. AKAKA) cilities and installations in order to use the Phase II STTR contracts awarded by that proposed an amendment to the bill S. data for better energy management. Secretary that lead to technology transition 3023, to amend title 38, United States ‘‘(C) A description of steps taken to comply into programs of record or fielded systems; Code, to improve and enhance com- with requirements of the Energy Independ- ‘‘(B) use incentives in effect on the date of pensation and pension, housing, labor ence and Security Act of 2007, including new enactment of the National Defense Author- and education, and insurance benefits design and construction requirements for ization Act for Fiscal Year 2009, or create for veterans, and for other purposes; as buildings. new incentives, to encourage agency pro- follows: ‘‘(D) A description of steps taken to com- gram managers and prime contractors to ply with section 533 of the National Energy meet the goal under subparagraph (A); and Strike section 311. Strike section 401 and insert the following: Conservation Policy Act (42 U.S.C. 8259b), re- ‘‘(C) include in the annual report to Con- garding the supply by the General Services gress the percentage of contracts described SEC. 401. TEMPORARY INCREASE IN NUMBER OF AUTHORIZED JUDGES OF THE Administration and the Defense Logistics in subparagraph (A) awarded by that Sec- UNITED STATES COURT OF APPEALS Agency of Energy Star and Federal Energy retary, which shall include information on FOR VETERANS CLAIMS. Management Program (FEMP) designated the ongoing status of projects funded Section 7253 is amended by adding at the products to its Department of Defense cus- through the Commercialization Pilot Pro- end the following new subsection: tomers. gram and efforts to transition these tech- ‘‘(i) ADDITIONAL TEMPORARY EXPANSION OF ‘‘(E) A description of steps taken to en- nologies into programs of record or fielded COURT.—(1) Subject to paragraph (2), effec- courage the use of Energy Star and FEMP systems.’’; and

VerDate Mar 15 2010 22:10 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\2008SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 16, 2008 CONGRESSIONAL RECORD — SENATE S8875 (5) in paragraph (8), as so redesignated, by COMMITTEE ON ENERGY AND NATURAL Acosta, a military fellow in my office, striking ‘‘fiscal year 2009’’ and inserting ‘‘fis- RESOURCES be granted the privilege of the floor for cal year 2014’’. Mr. LEVIN. Mr. President, I ask the remainder of the Senate’s consider- unanimous consent that the Com- ation of S. 3001. SA 5617. Mr. KERRY (for himself and mittee on Energy and Natural Re- The ACTING PRESIDENT pro tem- Ms. SNOWE) submitted an amendment sources be authorized to meet during pore. Without objection, it is so or- intended to be proposed by him to the the session of the Senate to conduct a dered. bill S. 3001, to authorize appropriations hearing on Tuesday, September 16, f for fiscal year 2009 for military activi- 2008, at 10 a.m., in room SD–366 of the LIBRARY OF CONGRESS SOUND ties of the Department of Defense, for Dirksen Senate Office Building. RECORDING AND FILM PRESER- military construction, and for defense The PRESIDING OFFICER. Without VATION PROGRAMS REAUTHOR- activities of the Department of Energy, objection, it is so ordered. to prescribe military personnel IZATION ACT OF 2008 COMMITTEE ON ENVIRONMENT AND PUBLIC strengths for such fiscal year, and for WORKS Mr. LEVIN. Mr. President, I ask other purposes; which was ordered to Mr. LEVIN. Mr. President, I ask unanimous consent that the Rules lie on the table; as follows: unanimous consent that the Com- Committee be discharged from further On page 311, between lines 13 and 14, insert mittee on Environment and Public consideration of H.R. 5893 and the Sen- the following: Works be authorized to meet during ate proceed to its immediate consider- SEC. 1083. SMALL HIGH-TECH FIRMS. the session of the Senate on Tuesday, ation. (a) SBIR.—Section 9(m) of the Small Busi- The PRESIDING OFFICER. Without ness Act (15 U.S.C. 638(m)) is amended by September 16, 2008, at 10 a.m. in room 406 of the Dirksen Senate Office Build- objection, it is so ordered. striking ‘‘2008’’ and inserting ‘‘2010’’. The clerk will report the bill by title. (b) STTR.—Section 9(n)(1)(A) of the Small ing to hold a hearing entitled ‘‘Over- The legislative clerk read as follows: Business Act (15 U.S.C. 638(n)(1)(A)) is sight Hearing on EPA’s Children’s A bill (H.R. 5893) to reauthorize the sound amended by striking ‘‘2009’’ and inserting Health Protection Efforts.’’ recording and film preservation programs of ‘‘2011’’. The PRESIDING OFFICER. Without the Library of Congress, and for other pur- f objection, it is so ordered. poses. NOTICE OF HEARING COMMITTEE ON FINANCE There being no objection, the Senate Mr. LEVIN. Mr. President, I ask proceeded to consider the bill. COMMITTEE ON ENERGY AND NATURAL unanimous consent that the Com- Mr. LEVIN. Mr. President, I ask RESOURCES mittee on Finance be authorized to unanimous consent that the bill be Mr. BINGAMAN. Mr. President, I meet during the session of the Senate read a third time and passed, the mo- would like to announce for the infor- on Tuesday, September 16, 2008, at 10 tion to reconsider be laid upon the mation of the Senate and the public a.m., in 215 Dirksen Senate Office table, with no intervening action or de- that a hearing has been scheduled be- Building, to conduct a hearing entitled bate, and that any statements relating fore the Senate Committee on Energy ‘‘Aligning Incentives: The Case for De- to the bill be printed in the RECORD. and Natural Resources. The hearing livery System Reform.’’ The PRESIDING OFFICER. Without will be held on Tuesday, September 23, The PRESIDING OFFICER. Without objection, it is so ordered. 2008, at 10 a.m., in room SD–366 of the objection, it is so ordered. The bill (H.R. 5893) was ordered to a Dirksen Senate Office Building. third reading, was read the third time, SUBCOMMITTEE ON ENERGY The purpose of this hearing is to ex- and passed. amine why diesel fuel prices have been Mr. LEVIN. Mr. President, I ask f so high, and what can be done to ad- unanimous consent that the Sub- dress the situation. committee on Energy be authorized to DISTRICT OF COLUMBIA Because of the limited time available meet during the session of the Senate AMENDMENT ACT, 2008 for the hearing, witnesses may testify to conduct a hearing on Tuesday, Sep- Mr. LEVIN. Mr. President, I ask by invitation only. However, those tember 16, 2008, at 2:30 p.m., in room unanimous consent that the Senate wishing to submit written testimony SD–366 of the Dirksen Senate Office proceed to the immediate consider- for the hearing record may do so by Building. ation of Calendar No. 900, H.R. 5551. sending it to the Committee on Energy The PRESIDING OFFICER. Without The PRESIDING OFFICER. The and Natural Resources, United States objection, it is so ordered. clerk will report the bill by title. Senate, Washington, D.C. 20510–6150, or SUBCOMMITTEE ON THE CONSTITUTION The legislative clerk read as follows: by e-mail to Rosemarie Mr. LEVIN. Mr. President, I ask A bill (H.R. 5551) to amend title 11, District [email protected] unanimous consent that the Senate of Columbia Official Code, to implement the For further information, please con- Committee on the Judiciary, Sub- increase provided under the District of Co- tact Tara Billingsley at (202) 224–4756 or committee on the Constitution be au- lumbia Appropriations Act, 2008, in the thorized to meet during the session of amount of funds made available for the com- Rosemarie Calabro at (202) 224–5039. pensation of attorneys representing indigent f the Senate, to conduct a hearing enti- defendants in the District of Columbia tled ‘‘Restoring the Rule of Law’’ on courts, and for other purposes. AUTHORITY FOR COMMITTEES TO Tuesday, September 16, 2008, at 10:15 MEET There being no objection, the Senate a.m., in room SH–216 of the Hart Sen- proceeded to consider the bill. COMMITTEE ON COMMERCE, SCIENCE, AND ate Office Building. Mr. LEVIN. Mr. President, I ask TRANSPORTATION The PRESIDING OFFICER. Without unanimous consent that the bill be Mr. LEVIN. Mr. President, I ask objection, it is so ordered. read three times and passed, the mo- unanimous consent that the Com- f tion to reconsider be laid upon the mittee on Commerce, Science, and PRIVILEGES OF THE FLOOR table, with no intervening action or de- Transportation be authorized to meet bate, and that any statements relating during the session of the Senate on Ms. CANTWELL. Mr. President, I ask to the bill be printed in the RECORD. Tuesday, September 16, 2008, at 10:30 unanimous consent that Nora Adkins, The PRESIDING OFFICER. Without a.m., in room 253V the Russell Senate a detailee to the Committee on Home- objection, it is so ordered. Office Building. land Security and Governmental Af- The bill (H.R. 5551) was ordered to a In this hearing, the Committee will fairs, be granted the privilege of the third reading, was read the third time, receive testimony regarding the con- floor for the remainder of the second and passed. sumer benefits of broadband service in session of the 110th Congress. f areas such as education, job opportuni- The ACTING PRESIDENT pro tem- ties, telemedicine, and access to gov- pore. Without objection, it is so or- VETERANS’ BENEFITS ernment resources. dered. IMPROVEMENT ACT OF 2008 The PRESIDING OFFICER. Without Mr. CHAMBLISS. Mr. President, I Mr. LEVIN. Mr. President, I ask objection, it is so ordered. ask unanimous consent that Jerry unanimous consent that the Senate

VerDate Mar 15 2010 22:10 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\2008SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8876 CONGRESSIONAL RECORD — SENATE September 16, 2008 proceed to the immediate consider- TITLE III—LABOR AND EDUCATION Sec. 603. Three-year extension of authority to ation of Calendar No. 947, S. 3023. MATTERS carry out income verification. Subtitle A—Labor and Employment Matters Sec. 604. Three-year extension of temporary au- The PRESIDING OFFICER. The thority for the performance of Sec. 301. Waiver of 24-month limitation on pro- clerk will report the bill by title. medical disability examinations gram of independent living serv- The legislative clerk read as follows: by contract physicians. ices and assistance for veterans A bill (S. 3023) to amend Title 38, United with a severe disability incurred SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE. States Code, to require the Secretary of Vet- in the Post-9/11 Global Operations Except as otherwise expressly provided, when- erans Affairs to prescribe regulations relat- period. ever in this Act an amendment or repeal is ex- ing to the notice to be provided claimants Sec. 302. Reform of USERRA complaint process. pressed in terms of an amendment to, or repeal with the Department of Veterans Affairs re- Sec. 303. Modification and expansion of report- of, a section or other provision, the reference garding the substantiation of claims, and for ing requirements with respect to shall be considered to be made to a section or other purposes. enforcement of USERRA. other provision of title 38, United States Code. There being no objection, the Senate Sec. 304. Training for executive branch human TITLE I—COMPENSATION AND PENSION proceeded to consider the bill, which resources personnel on employment and reemployment rights of MATTERS had been reported from the Committee members of the uniformed serv- SEC. 101. REGULATIONS ON CONTENTS OF NO- on Veterans’ Affairs, with an amend- ices. TICE TO BE PROVIDED CLAIMANTS ment to strike all after the enacting Sec. 305. Report on the employment needs of WITH THE DEPARTMENT OF VET- clause and insert in lieu thereof the Native American veterans living ERANS AFFAIRS REGARDING THE SUBSTANTIATION OF CLAIMS. following: on tribal lands. (a) IN GENERAL.—Section 5103(a) is amended— Sec. 306. Report on measures to assist and en- S. 3023 (1) by inserting ‘‘(1)’’ before ‘‘Upon receipt’’; courage veterans in completing Be it enacted by the Senate and House of Rep- and vocational rehabilitation. (2) by adding at the end the following new resentatives of the United States of America in Subtitle B—Education Matters paragraph: Congress assembled, Sec. 311. Relief for students who discontinue ‘‘(2)(A) The Secretary shall prescribe in regu- SECTION 1. SHORT TITLE. education because of military lations requirements relating to the contents of (a) SHORT TITLE.—This Act may be cited as service. notice to be provided under this subsection. the ‘‘Veterans’ Benefits Improvement Act of Sec. 312. Modification of period of eligibility for ‘‘(B) The regulations required by this para- 2008’’. Survivors’ and Dependents’ Edu- graph— (b) TABLE OF CONTENTS.—The table of con- cational Assistance of certain ‘‘(i) shall specify different contents for notice tents for this Act is as follows: spouses of individuals with serv- depending on whether the claim concerned is an original claim, a claim for reopening a prior de- Sec. 1. Short title. ice-connected disabilities total and permanent in nature. cision on a claim, or a claim for increase in ben- Sec. 2. References to title 38, United States efits; Code. Sec. 313. Repeal of requirement for report to the Secretary of Veterans Affairs on ‘‘(ii) may provide additional or alternative TITLE I—COMPENSATION AND PENSION prior training. contents for notice if appropriate to the benefit MATTERS Sec. 314. Modification of waiting period before or services sought under the claim; ‘‘(iii) shall specify for each type of claim for Sec. 101. Regulations on contents of notice to be affirmation of enrollment in a cor- benefits the general information and evidence provided claimants with the De- respondence course. required to substantiate the basic elements of partment of Veterans Affairs re- Sec. 315. Change of programs of education at the same educational institution. such type of claim; and garding the substantiation of ‘‘(iv) shall specify the time period limitations claims. Sec. 316. Repeal of certification requirement with respect to applications for required pursuant to subsection (b).’’. Sec. 102. Judicial review of adoption and revi- (b) APPLICABILITY.—The regulations required approval of self-employment on- sion by the Secretary of Veterans by paragraph (2) of section 5103(a) of title 38, job training. Affairs of the schedule of ratings United States Code (as amended by subsection for disabilities of veterans. Subtitle C—Other Matters (a) of this section), shall apply with respect to Sec. 103. Automatic annual increase in rates of Sec. 321. Designation of the Office of Small notices provided to claimants on or after the ef- disability compensation and de- Business Programs of the Depart- fective date of such regulations. pendency and indemnity comment of Veterans Affairs. SEC. 102. JUDICIAL REVIEW OF ADOPTION AND pensation. TITLE IV—COURT MATTERS REVISION BY THE SECRETARY OF Sec. 104. Conforming amendment relating to VETERANS AFFAIRS OF THE SCHED- Sec. 401. Increase in number of active judges on non-deductibility from veterans’ ULE OF RATINGS FOR DISABILITIES the United States Court of Ap- disability compensation of dis- OF VETERANS. peals for Veterans Claims. ability severance pay for disabil- Section 502 is amended by striking ‘‘(other Sec. 402. Protection of privacy and security than an action relating to the adoption or revi- ities incurred by members of the concerns in court records. Armed Forces in combat zones. sion of the schedule of ratings for disabilities Sec. 403. Recall of retired judges of the United adopted under section 1155 of this title)’’. Sec. 105. Report on progress of the Secretary of States Court of Appeals for Vet- SEC. 103. AUTOMATIC ANNUAL INCREASE IN Veterans Affairs in addressing erans Claims. causes for variances in compensa- RATES OF DISABILITY COMPENSA- Sec. 404. Annual reports on workload of the TION AND DEPENDENCY AND INDEM- tion payments for veterans for United States Court of Appeals NITY COMPENSATION. service-connected disabilities. for Veterans Claims. (a) INDEXING TO SOCIAL SECURITY IN- Sec. 106. Report on studies regarding compensa- TITLE V—INSURANCE MATTERS CREASES.—Section 5312 is amended by adding at tion of veterans for loss of earning Sec. 501. Report on inclusion of severe and the end the following new subsection: capacity and quality of life and ‘‘(d)(1) Whenever there is an increase in ben- acute Post Traumatic Stress Dis- on long-term transition payments efit amounts payable under title II of the Social order among conditions covered to veterans undergoing rehabilita- Security Act (42 U.S.C. 401 et seq.) as a result of by traumatic injury protection tion for service-connected disabil- a determination made under section 215(i) of coverage under Servicemembers’ ities. such Act (42 U.S.C. 415(i)), the Secretary shall, Group Life Insurance. TITLE II—HOUSING MATTERS Sec. 502. Treatment of stillborn children as ineffective on the date of such increase in benefit amounts, increase the dollar amounts in effect Sec. 201. Temporary increase in maximum loan surable dependents under for the payment of disability compensation and guaranty amount for certain Servicemembers’ Group Life In- dependency and indemnity compensation by the housing loans guaranteed by the surance. Secretary, as specified in paragraph (2), as such Secretary of Veterans Affairs. Sec. 503. Other enhancements of amounts were in effect immediately prior to the Sec. 202. Enhancement of refinancing of home Servicemembers’ Group Life In- date of such increase in benefit amounts pay- loans by veterans. surance coverage. able under title II of the Social Security Act, by Sec. 203. Four-year extension of demonstration TITLE VI—OTHER MATTERS the same percentage as the percentage by which projects on adjustable rate mort- Sec. 601. Authority for suspension or termi- such benefit amounts are increased. gages. nation of claims of the United ‘‘(2) The dollar amounts to be increased pur- Sec. 204. Eligibility for specially adapted hous- States against individuals who suant to paragraph (1) are the following: ing benefits and assistance for died while serving on active duty ‘‘(A) COMPENSATION.—Each of the dollar members of the Armed Forces with in the Armed Forces. amounts in effect under section 1114 of this title. a service-connected disability. Sec. 602. Memorial headstones and markers for ‘‘(B) ADDITIONAL COMPENSATION FOR DEPEND- Sec. 205. Report on impact of mortgage fore- deceased remarried surviving ENTS.—Each of the dollar amounts in effect closures on veterans. spouses of veterans. under section 1115(1) of this title.

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‘‘(C) CLOTHING ALLOWANCE.—The dollar gional office of the Administration for each type such section 305(a)(2) for the calendar year in amount in effect under section 1162 of this title. of claim adjudication position. which the loan is originated for a single-family ‘‘(D) NEW DIC RATES.—Each of the dollar (3) A description of the differences, if any, in residence. amounts in effect under paragraphs (1) and (2) current patterns of submittal rate of claims to SEC. 202. ENHANCEMENT OF REFINANCING OF of section 1311(a) of this title. the Secretary of Veterans Affairs regarding serv- HOME LOANS BY VETERANS. ‘‘(E) OLD DIC RATES.—Each of the dollar ice-connected disabilities among various popu- (a) INCLUSION OF REFINANCING LOANS AMONG amounts in effect under section 1311(a)(3) of this lations of veterans, including veterans living in LOANS SUBJECT TO GUARANTY MAXIMUM.—Sec- title. rural and highly rural areas, minority veterans, tion 3703(a)(1)(A)(i)(IV) is amended by inserting ‘‘(F) ADDITIONAL DIC FOR SURVIVING SPOUSES veterans who served in the National Guard or ‘‘(5),’’ after ‘‘(3),’’. WITH MINOR CHILDREN.—The dollar amount in Reserve, and veterans who are retired from the (b) INCREASE IN MAXIMUM PERCENTAGE OF effect under section 1311(b) of this title. Armed Forces, and a description and assessment LOAN-TO-VALUE OF REFINANCING LOANS SUB- ‘‘(G) ADDITIONAL DIC FOR DISABILITY.—Each of efforts undertaken to eliminate such dif- JECT TO GUARANTY.—Section 3710(b)(8) is of the dollar amounts in effect under sections ferences. amended by striking ‘‘90 percent’’ and inserting 1311(c) and 1311(d) of this title. SEC. 106. REPORT ON STUDIES REGARDING COM- ‘‘95 percent’’. ‘‘(H) DIC FOR DEPENDENT CHILDREN.—Each of PENSATION OF VETERANS FOR LOSS the dollar amounts in effect under sections SEC. 203. FOUR-YEAR EXTENSION OF DEM- OF EARNING CAPACITY AND QUAL- ONSTRATION PROJECTS ON ADJUST- 1313(a) and 1314 of this title. ITY OF LIFE AND ON LONG-TERM ABLE RATE MORTGAGES. ‘‘(3) Whenever there is an increase under TRANSITION PAYMENTS TO VET- (a) DEMONSTRATION PROJECT ON ADJUSTABLE paragraph (1) in amounts in effect for the pay- ERANS UNDERGOING REHABILITA- RATE MORTGAGES.—Section 3707(a) is amended ment of disability compensation and dependency TION FOR SERVICE-CONNECTED DIS- ABILITIES. by striking ‘‘during fiscal years 1993 through and indemnity compensation, the Secretary 2008’’ and inserting ‘‘during the period begin- shall publish such amounts, as increased pursu- (a) FINDING.—Congress finds that the Sec- retary of Veterans Affairs entered into a con- ning with the beginning of fiscal year 1993 and ant to such paragraph, in the Federal Register ending at the end of fiscal year 2012’’. at the same time as the material required by sec- tract in February 2008 to conduct two studies as (b) DEMONSTRATION PROJECT ON HYBRID AD- tion 215(i)(2)(D) of the Social Security Act (42 follows: JUSTABLE RATE MORTGAGES.—Section 3707A(a) U.S.C. 415(i)(2)(D)) is published by reason of a (1) A study on the appropriate levels of disability compensation to be paid to veterans to is amended by striking ‘‘through 2008’’ and in- determination under section 215(i) of such Act serting ‘‘through 2012’’. (42 U.S.C. 415(i)).’’. compensate for loss of earning capacity and SEC. 204. ELIGIBILITY FOR SPECIALLY ADAPTED (b) EFFECTIVE DATE.—Subsection (d) of sec- quality of life as a result of service-related disabilities. HOUSING BENEFITS AND ASSIST- tion 5312 of title 38, United States Code, as ANCE FOR MEMBERS OF THE ARMED added by subsection (a) of this section, shall (2) A study on the feasability and appropriate level of long-term transition payments to vet- FORCES WITH A SERVICE-CON- take effect on December 1, 2009. NECTED DISABILITY. erans who are separated from the Armed Forces SEC. 104. CONFORMING AMENDMENT RELATING The Secretary of Veterans Affairs may provide TO NON-DEDUCTIBILITY FROM VET- due to disability while such veterans are undergoing rehabilitation for such disability. assistance under chapter 21 of title 38, United ERANS’ DISABILITY COMPENSATION States Code, to a member of the Armed Forces OF DISABILITY SEVERANCE PAY FOR (b) REPORT REQUIRED.— serving on active duty who is suffering from a DISABILITIES INCURRED BY MEM- (1) IN GENERAL.—The Secretary of Veterans BERS OF THE ARMED FORCES IN Affairs shall submit to Congress a report on the disability described in section 2101 of such title COMBAT ZONES. studies referred to in subsection (a). if such disability is the result of an injury in- (a) CONFORMING AMENDMENT.—Section 1646 of (2) ELEMENTS.—The report required by this curred or disease contracted in or aggravated in the Wounded Warrior Act (title XVI of Public subsection shall include the following: line of duty in the active military, naval, or air Law 110–181; 122 Stat. 472) is amended— (A) A comprehensive description of the find- service. Such assistance shall be provided to the (1) by redesignating subsection (c) as sub- ings and recommendations of the studies. same extent, and subject to the same limitations, section (d); and (B) A description of the actions proposed to be as assistance is provided to veterans under (2) by inserting after subsection (b) the fol- taken by the Secretary in light of such findings chapter 21 of such title. lowing new subsection (c): and recommendations, including a description SEC. 205. REPORT ON IMPACT OF MORTGAGE ‘‘(c) CONFORMING AMENDMENT.—Section 1161 of any modification of the schedule for rating FORECLOSURES ON VETERANS. of title 38, United States Code, is amended by disabilities of veterans under section 1155 of title (a) REPORT REQUIRED.—Not later than De- striking ‘as required by section 1212(c) of title 38, United States Code, proposed to be under- cember 31, 2009, the Secretary of Veterans Af- 10’ and inserting ‘to the extent required by sec- taken by the Secretary and of any other modi- fairs shall submit to the Committee on Veterans’ tion 1212(d) of title 10’.’’. fication of policy or regulations proposed to be Affairs of the Senate and the Committee on Vet- (b) EFFECTIVE DATE.—The amendments made undertaken by the Secretary. erans’ Affairs of the House of Representatives a by subsection (a) shall take effect on January (C) For each action proposed to be taken as report on the effects of mortgage foreclosures on 28, 2008 (the date of the enactment of the described in subparagraph (B), a proposed veterans. Wounded Warrior Act), as if included in that schedule for the taking of such action, includ- (b) ELEMENTS.—The report required by sub- Act, to which they relate. ing a schedule for the commencement and com- section (a) shall include the following: SEC. 105. REPORT ON PROGRESS OF THE SEC- pletion of such action. (1) A general assessment of the income of vet- RETARY OF VETERANS AFFAIRS IN (D) A description of any legislative action re- erans who have recently separated from the ADDRESSING CAUSES FOR quired in order to authorize, facilitate, or en- Armed Forces. VARIANCES IN COMPENSATION PAY- (2) An assessment of the effects of any lag or MENTS FOR VETERANS FOR SERV- hance the taking of any action proposed to be ICE-CONNECTED DISABILITIES. taken as described in subparagraph (B). delay in the adjudication by the Secretary of (a) REPORT REQUIRED.—Not later than one (3) SUBMITTAL DATE.—The report required by claims of veterans for disability compensation year after the date of the enactment of this Act, this subsection shall be submitted not later than on the capacity of veterans to maintain ade- the Secretary of Veterans Affairs shall submit to 210 days after the date of the enactment of this quate or suitable housing. the Committee on Veterans’ Affairs of the Sen- Act. (3) A description of the extent to which the provisions of the Servicemembers Civil Relief Act ate and the Committee on Veterans’ Affairs of TITLE II—HOUSING MATTERS (50 U.S.C. App. 501 et seq.) protect veterans from the House of Representatives a report describing SEC. 201. TEMPORARY INCREASE IN MAXIMUM the progress of the Secretary in addressing the mortgage foreclosure, and an assessment of the LOAN GUARANTY AMOUNT FOR CER- adequacy of such protections. causes of unacceptable variances in compensa- TAIN HOUSING LOANS GUARANTEED tion payments for veterans for service-connected BY THE SECRETARY OF VETERANS (4) A description and assessment of the ade- disabilities. AFFAIRS. quacy of the home loan guaranty programs of (b) ELEMENTS.—The report required under Notwithstanding subparagraph (C) of section the Department of Veterans Affairs, including subsection (a) shall include the following: 3703(a)(1) of title 38, United States Code, for the authorities of such programs and the assist- (1) A description of the efforts of the Veterans purposes of any loan described in subparagraph ance provided individuals in the utilization of Benefits Administration to coordinate with the (A)(i)(IV) of such section that is originated dur- such programs, in preventing foreclosure for vet- Veterans Health Administration to improve the ing the period beginning on the date of the en- erans recently separated from the Armed Forces, quality of examinations of veterans with service- actment of this Act and ending on December 31, and for members of the Armed Forces, who have connected disabilities that are performed by the 2011, the term ‘‘maximum guaranty amount’’ home loans guaranteed by the Secretary. Veterans Health Administration and contract shall mean an amount equal to 25 percent of the TITLE III—LABOR AND EDUCATION clinicians, including efforts relating to the use higher of— MATTERS of approved templates for such examinations (1) the limitation determined under section Subtitle A—Labor and Employment Matters and of reports on such examinations that are 305(a)(2) of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1454(a)(2)) for the SEC. 301. WAIVER OF 24-MONTH LIMITATION ON based on such templates prepared in an easily- PROGRAM OF INDEPENDENT LIVING readable format. calendar year in which the loan is originated SERVICES AND ASSISTANCE FOR (2) An assessment of the current personnel re- for a single-family residence; or VETERANS WITH A SEVERE DIS- quirements of the Veterans Benefits Administra- (2) 125 percent of the area median price for a ABILITY INCURRED IN THE POST-9/11 tion, including an assessment of the adequacy single-family residence, but in no case to exceed GLOBAL OPERATIONS PERIOD. of the number of personnel assigned to each re- 175 percent of the limitation determined under Section 3105(d) is amended—

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(1) by striking ‘‘Unless the Secretary’’ and all ‘‘(B) Not later than 60 days after the date the (b) MODIFICATION OF ANNUAL REPORTS BY that follows through ‘‘the period of a program’’ Special Counsel receives a referral under para- SECRETARY.—Such section is further amended— and inserting ‘‘(1) Except as provided in paragraph (1), the Special Counsel shall— (1) by striking ‘‘The Secretary shall’’ and in- graph (2), the period of a program’’; and ‘‘(i) make a decision whether to represent a serting ‘‘(a) ANNUAL REPORT BY SECRETARY.— (2) by adding at the end the following new person before the Merit Systems Protection The Secretary shall’’; paragraph: Board under subparagraph (A); and (2) in paragraph (3), by inserting before the ‘‘(2)(A) The period of a program of inde- ‘‘(ii) notify such person in writing of such de- period at the end the following: ‘‘and the num- pendent living services and assistance for a vet- cision.’’. ber of actions initiated by the Office of Special eran under this chapter may exceed twenty-four (f) DEADLINES, STATUTES OF LIMITATIONS, AND Counsel before the Merit Systems Protection months as follows: RELATED MATTERS.— Board pursuant to section 4324 during such fis- ‘‘(i) If the Secretary determines that a longer (1) IN GENERAL.—Subchapter III of chapter 43 cal year’’; period is necessary and likely to result in a sub- is amended by adding at the end the following (3) by redesignating paragraphs (6) and (7) as stantial increase in the veteran’s level of inde- new section: paragraphs (9) and (10), respectively; pendence in daily living. ‘‘§ 4327. Noncompliance of Federal officials (4) by inserting after paragraph (5) the fol- ‘‘(ii) If the veteran served on active duty dur- with deadlines; inapplicability of statutes of lowing new paragraph (8): ing the Post-9/11 Global Operations period and limitations ‘‘(8) With respect to the cases reported on pur- has a severe disability (as determined by the suant to paragraphs (1), (2), (3), (4), and (5) the Secretary for purposes of this clause) incurred ‘‘(a) EFFECT OF NONCOMPLIANCE OF FEDERAL number of such cases that involve persons with or aggravated in such service. OFFICIALS WITH DEADLINES.—(1) The inability different occupations or persons seeking dif- ‘‘(B) In this paragraph, the term ‘Post-9/11 of the Secretary, the Attorney General, or the ferent occupations, as designated by the Stand- Global Operations period’ means the period of Special Counsel to comply with a deadline ap- ard Occupational Classification System.’’. the Persian Gulf War beginning on September plicable to such official under section 4322, 4323, (5) by redesignating paragraph (5) as para- 11, 2001, and ending on the date thereafter pre- or 4324 of this title— graph (7); scribed by Presidential proclamation or by ‘‘(A) shall not affect the authority of the At- (6) by inserting after paragraph (4) the fol- law.’’. torney General or the Special Counsel to rep- lowing new paragraphs (5) and (6): SEC. 302. REFORM OF USERRA COMPLAINT PROC- resent and file an action or submit a complaint ‘‘(5) The number of cases reviewed by the Sec- ESS. on behalf of a person under section 4323 or 4324 retary and the Secretary of Defense through the (a) NOTIFICATION OF RIGHTS WITH RESPECT TO of this title; National Committee for Employer Support of the COMPLAINTS.—Subsection (c) of section 4322 is ‘‘(B) shall not affect the right of a person— Guard and Reserve of the Department of De- amended to read as follows: ‘‘(i) to commence an action under section 4323 fense that involve the same person. ‘‘(c)(1) Not later than five days after the Sec- of this title; ‘‘(6) With respect to the cases reported on pur- retary receives a complaint submitted by a per- ‘‘(ii) to submit a complaint under section 4324 suant to paragraphs (1), (2), (3), (4), and (5)— son under subsection (a), the Secretary shall no- of this title; or ‘‘(A) the number of such cases that involve a tify such person in writing of his or her rights ‘‘(iii) to obtain any type of assistance or relief disability-related issue; and with respect to such complaint under this sec- authorized by this chapter; ‘‘(B) the number of such cases that involve a tion and section 4323 or 4324, as the case may ‘‘(C) shall not deprive a Federal court, the person who has a service-connected disability.’’; be. Merit Systems Protection Board, or a State and ‘‘(2) The Secretary shall, upon request, pro- court of jurisdiction over an action or complaint (7) in paragraph (7), as redesignated by para- vide technical assistance to a potential claimant filed by the Attorney General, the Special Coun- graph (5) of this subsection, by striking ‘‘or (4)’’ with respect to a complaint under this sub- sel, or a person under section 4323 or 4324 of this and inserting ‘‘(4), or (5)’’. section, and when appropriate, to such claim- title; and (c) ADDITIONAL REPORTS.—Such section is ant’s employer.’’. ‘‘(D) shall not constitute a defense, including further amended by adding at the end the fol- (b) NOTIFICATION OF RESULTS OF INVESTIGA- a statute of limitations period, that any em- lowing new subsection: TION IN WRITING.—Subsection (e) of such section ployer (including a State, a private employer, or ‘‘(b) QUARTERLY REPORTS.— is amended by inserting ‘‘in writing’’ after ‘‘sub- a Federal executive agency) or the Office of Per- ‘‘(1) QUARTERLY REPORT BY SECRETARY.—Not mitted the complaint’’. sonnel Management may raise in an action filed later than 30 days after the end of each fiscal (c) EXPEDITION OF ATTEMPTS TO INVESTIGATE by the Attorney General, the Special Counsel, or quarter, the Secretary shall submit to Congress, AND RESOLVE COMPLAINTS.—Section 4322 is fur- a person under section 4323 or 4324 of this title. the Secretary of Defense, the Attorney General, ther amended— ‘‘(2) If the Secretary, the Attorney General, or and the Special Counsel a report setting forth, (1) by redesignating subsection (f) as sub- the Special Counsel is unable to meet a deadline for the previous full quarter, the following: section (g); and applicable to such official in section 4322(f), ‘‘(A) The number of cases for which the Sec- (2) by inserting after subsection (e) the fol- 4323(a)(1), 4323(a)(2), 4324(a)(1), or 4324(a)(2)(B) retary did not meet the requirements of section lowing new subsection (f): of this title, and the person agrees to an exten- 4322(f) of this title. ‘‘(f) Any action required by subsections (d) sion of time, the Secretary, the Attorney Gen- ‘‘(B) The number of cases for which the Sec- and (e) with respect to a complaint submitted by eral, or the Special Counsel, as the case may be, retary received a request for a referral under a person to the Secretary under subsection (a) shall complete the required action within the paragraph (1) of section 4323(a) of this title but shall be completed by the Secretary not later additional period of time agreed to by the per- did not make such referral within the time pe- than 90 days after receipt of such complaint.’’. son. riod required by such paragraph. (d) EXPEDITION OF REFERRALS.— ‘‘(b) INAPPLICABILITY OF STATUTES OF LIMITA- ‘‘(2) QUARTERLY REPORT BY ATTORNEY GEN- (1) EXPEDITION OF REFERRALS TO ATTORNEY TIONS.—If any person seeks to file a complaint ERAL.—Not later than 30 days after the end of GENERAL.—Section 4323(a)(1) is amended by in- or claim with the Secretary, the Merit Systems each fiscal quarter, the Attorney General shall serting ‘‘Not later than 60 days after the Sec- Protection Board, or a Federal or State court submit to Congress, the Secretary, the Secretary retary receives such a request with respect to a under this chapter alleging a violation of this of Defense, and the Special Counsel a report set- complaint, the Secretary shall refer the com- chapter, there shall be no limit on the period for ting forth, for the previous full quarter, the plaint to the Attorney General.’’ after ‘‘to the filing the complaint or claim.’’. number of cases for which the Attorney General Attorney General.’’. (2) CLERICAL AMENDMENT.—The table of sec- received a referral under paragraph (1) of sec- (2) EXPEDITION OF REFERRALS TO SPECIAL tions at the beginning of chapter 43 is amended tion 4323(a) of this title but did not meet the re- COUNSEL.—Section 4324(a)(1) is amended by by inserting after the item relating to section quirements of paragraph (2) of section 4323(a) of striking ‘‘The Secretary shall refer’’ and insert- 4326 the following new item: this title for such referral. ing ‘‘Not later than 60 days after the date the ‘‘(3) QUARTERLY REPORT BY SPECIAL COUN- Secretary receives such a request, the Secretary ‘‘4327. Noncompliance of Federal officials with deadlines; inapplicability of stat- SEL.—Not later than 30 days after the end of shall refer’’. each fiscal quarter, the Special Counsel shall (e) NOTIFICATION OF REPRESENTATION.— utes of limitations.’’. (1) NOTIFICATION BY ATTORNEY GENERAL.— (3) CONFORMING AMENDMENT.—Section 4323 is submit to Congress, the Secretary, the Secretary Section 4323(a) is further amended— further amended— of Defense, and the Attorney General a report (A) by redesignating paragraph (2) as para- (A) by striking subsection (i); and setting forth, for the previous full quarter, the graph (3); and (B) by redesignating subsection (j) as sub- number of cases for which the Special Counsel (B) by inserting after paragraph (1) the fol- section (i). received a referral under paragraph (1) of sec- lowing new paragraph (2): SEC. 303. MODIFICATION AND EXPANSION OF RE- tion 4324(a) of this title but did not meet the re- ‘‘(2) Not later than 60 days after the date the PORTING REQUIREMENTS WITH RE- quirements of paragraph (2)(B) of section Attorney General receives a referral under para- SPECT TO ENFORCEMENT OF 4324(a) of this title for such referral.’’. graph (1), the Attorney General shall— USERRA. (d) UNIFORM CATEGORIZATION OF DATA.— ‘‘(A) make a decision whether to appear on (a) DATE OF ANNUAL REPORTS.—Section 4332 Such section is further amended by adding at behalf of, and act as attorney for, the person on is amended by striking ‘‘and no later than Feb- the end the following new subsection: whose behalf the complaint is submitted; and ruary 1, 2005’’ and all that follows through the ‘‘(c) UNIFORM CATEGORIZATION OF DATA.— ‘‘(B) notify such person in writing of such de- ‘‘such February 1:’’ and inserting ‘‘, transmit to The Secretary shall coordinate with the Sec- cision.’’. Congress not later than July 1 each year a re- retary of Defense, the Attorney General, and (2) NOTIFICATION BY SPECIAL COUNSEL.—Sub- port on matters for the fiscal year ending in the the Special Counsel to ensure that— paragraph (B) of section 4324(a)(2) is amended year before the year in which such report is ‘‘(1) the information in the reports required by to read as follows: transmitted as follows:’’. this section is categorized in a uniform way; and

VerDate Mar 15 2010 22:10 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 4624 Sfmt 6333 E:\2008SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 16, 2008 CONGRESSIONAL RECORD — SENATE S8879 ‘‘(2) the Secretary, the Secretary of Defense, ‘‘4335. Training for Federal executive agency public and private organizations and individ- the Attorney General, and the Special Counsel human resources personnel on em- uals, as the Secretary considers appropriate; each have electronic access to the case files re- ployment and reemployment and viewed under this chapter by the Secretary, the rights and limitations.’’. (2) may employ consultants. Secretary of Defense, the Attorney General, and SEC. 305. REPORT ON THE EMPLOYMENT NEEDS (e) REPORT.—Not later than 270 days after the the Special Counsel with due regard for the pro- OF NATIVE AMERICAN VETERANS commencement of the study required by sub- visions of section 552a of title 5.’’. LIVING ON TRIBAL LANDS. section (a), the Secretary shall submit to the (e) COMPTROLLER GENERAL REPORT.—Not (a) REPORT.—Not later than December 1, 2009, Committee on Veterans’ Affairs of the Senate later than two years after the date of the enact- the Secretary of Labor shall, in consultation and the Committee on Veterans’ Affairs of the ment of this Act, the Comptroller General of the with the Secretary of Veterans Affairs and the House of Representatives a report on the study. United States shall submit to Congress a report Secretary of the Interior, submit to Congress a The report shall include the following: that contains the following: report assessing the employment needs of Native (1) The findings of the Secretary under the (1) An assessment of the reliability of the data American (American Indian, Alaska Native, Na- study. contained in the reports submitted under sub- tive Hawaiian, and Pacific Islander) veterans (2) Any recommendations that the Secretary section (b) of section 4332 of title 38, United living on tribal lands, including Indian reserva- considers appropriate for actions to be taken by States Code (as amended by subsection (c) of tions, Alaska Native villages, and Hawaiian the Secretary in light of the study, including a this section), as of the date of such report. Home Lands. The report shall include— proposal for such legislative or administrative (2) An assessment of the timeliness of the re- (1) a review of current and prior government- action as the Secretary considers appropriate to ports submitted under subsection (b) of section to-government relationships between tribal orga- implement the recommendations. 4332 of title 38, United States Code (as so nizations and the Veterans’ Employment and Subtitle B—Education Matters amended), as of such date. Training Service of the Department of Labor; (3) The extent to which the Secretary of Labor and SEC. 311. RELIEF FOR STUDENTS WHO DIS- is meeting the timeliness requirements of sub- (2) recommendations for improving employ- CONTINUE EDUCATION BECAUSE OF MILITARY SERVICE. sections (c)(1) and (f) of section 4322 of title 38, ment and job training opportunities for Native United States Code (as amended by section 302 American veterans on tribal land, especially (a) IN GENERAL.—Title VII of the of this Act), and section 4323(a)(1) of title 38, through the utilization of resources for veterans. Servicemembers Civil Relief Act (50 U.S.C. App. United States Code (as so amended), as of the (b) TRIBAL ORGANIZATION DEFINED.—In this 591 et seq.) is amended by adding at the end the date of such report. section, the term ‘‘tribal organization’’ has the following new section: (4) The extent to which the Attorney General meaning given such term in section 3765(4) of ‘‘SEC. 707. TUITION, REENROLLMENT, AND STU- is meeting the timeliness requirements of section title 38, United States Code. DENT LOAN RELIEF FOR POSTSEC- 4323(a)(2) of title 38, United States Code (as SEC. 306. REPORT ON MEASURES TO ASSIST AND ONDARY STUDENTS CALLED TO MILITARY SERVICE. amended by section 302 of this Act), as of the ENCOURAGE VETERANS IN COM- date of such report. PLETING VOCATIONAL REHABILITA- ‘‘(a) TUITION AND REENROLLMENT.—In the (5) The extent to which the Special Counsel is TION. case of a servicemember who because of military meeting the timeliness requirements of section (a) STUDY REQUIRED.—The Secretary of Vet- service discontinues a program of education at a 4324(a)(2)(B) of title 38, United States Code (as erans Affairs shall conduct a study on measures covered institution of higher education that ad- amended by section 302 of this Act), as of the to assist and encourage veterans in completing ministers a Federal financial aid program, such date of such report. vocational rehabilitation. The study shall in- institution of higher education shall— clude an identification of the following: (f) EFFECTIVE DATE.—The amendments made ‘‘(1) refund to such servicemember the tuition by this section shall apply with respect to each (1) The various factors that may prevent or and fees paid by such servicemember from per- report required under section 4332 of title 38, preclude veterans from completing their voca- sonal funds, or from a loan, for the portion of United States Code (as amended by this section), tional rehabilitation plans through the Depart- the program of education for which such serv- after the date of the enactment of this Act. ment of Veterans Affairs or otherwise achieving icemember did not receive academic credit be- the vocational rehabilitation objectives of such cause of such military service; and SEC. 304. TRAINING FOR EXECUTIVE BRANCH plans. HUMAN RESOURCES PERSONNEL ON ‘‘(2) provide such servicemember an oppor- EMPLOYMENT AND REEMPLOYMENT (2) The actions to be taken by the Secretary to tunity to reenroll in such program of education RIGHTS OF MEMBERS OF THE UNI- assist and encourage veterans in overcoming the with the same educational and academic status FORMED SERVICES. factors identified in paragraph (1) and in other- such servicemember had when such servicemem- (a) TRAINING REQUIRED.—Subchapter IV of wise completing their vocational rehabilitation ber discontinued such program of education be- chapter 43 is amended by adding at the end the plans or achieving the vocational rehabilitation cause of such military service. following new section: objectives of such plans. ‘‘(b) INTEREST RATE LIMITATION ON STUDENT (b) MATTERS TO BE EXAMINED.—In con- ‘‘§ 4335. Training for Federal executive agency LOANS.— ducting the study required by subsection (a), the human resources personnel on employment ‘‘(1) IN GENERAL.—Except as provided in para- Secretary shall examine the following: and reemployment rights and limitations graph (2) of this subsection, a student loan shall (1) Measures utilized in other disability sys- be considered an obligation or liability for the ‘‘(a) TRAINING REQUIRED.—The head of each tems in the United States, and in other coun- purposes of section 207. Federal executive agency shall provide training tries, to encourage completion of vocational re- ‘‘(2) EXCEPTION.—Subsection (c) of section 207 for the human resources personnel of such agen- habilitation by persons covered by such systems. shall not apply to a student loan. cy on the following: (2) Any studies or survey data available to the ‘‘(c) DEFINITIONS.—In this section: ‘‘(1) The rights, benefits, and obligations of Secretary that relates to the matters covered by members of the uniformed services under this ‘‘(1) The term ‘covered institution of higher the study. education’ means a 2-year or 4-year institution chapter. (3) The extent to which disability compensa- ‘‘(2) The application and administration of of higher education as defined in section 102 of tion may be used as an incentive to encourage the Higher Education Act of 1965 (20 U.S.C. the requirements of this chapter by such agency veterans to undergo and complete vocational re- with respect to such members. 1002) that participates in a loan program under habilitation. title IV of that Act (20 U.S.C. 1070 et seq.). ‘‘(b) CONSULTATION.—The training provided (4) The report of the Veterans’ Disability Ben- ‘‘(2) The term ‘Federal financial aid program’ under subsection (a) shall be developed and pro- efits Commission established pursuant to section means a program providing loans made, insured, vided in consultation with the Director of the 1501 of the National Defense Authorization Act or guaranteed under part B, D, or E of title IV Office of Personnel Management. of 2004 (38 U.S.C. 1101 note). of the Higher Education Act of 1965 (20 U.S.C. ‘‘(c) FREQUENCY.—The training under sub- (5) The report of the President’s Commission 1077 et seq., 1087a et seq., 1087aa et seq.). section (a) shall be provided with such fre- on Care for America’s Returning Wounded War- ‘‘(3) The term ‘student loan’ means any loan, quency as the Director of the Office of Per- riors. whether Federal, State, or private, to assist an sonnel Management shall specify in order to en- (6) Any other matters that the Secretary con- individual to attend an institution of higher sure that the human resources personnel of Fed- siders appropriate for purposes of the study. education, including a loan made, insured, or eral executive agencies are kept fully and cur- (c) CONSIDERATIONS.—In conducting the study rently informed of the matters covered by the required by subsection (a), the Secretary shall guaranteed under part B, D, or E of title IV of training. consider— the Higher Education Act of 1965 (20 U.S.C. 1077 ‘‘(d) HUMAN RESOURCES PERSONNEL DE- (1) the extent to which bonus payments or et seq., 1087a et seq., 1087aa et seq.).’’. FINED.—In this section, the term ‘human re- other incentives may be used to encourage vet- (b) CLERICAL AMENDMENT.—The table of con- sources personnel’, in the case of a Federal exec- erans to complete their vocational rehabilitation tents in section (1)(b) of such Act is amended by utive agency, means any personnel of the agen- plans or otherwise achieve the vocational reha- adding at the end the following new item: cy who are authorized to recommend, take, or bilitation objectives of such plans; and ‘‘Sec. 707. Tuition, reenrollment, and student approve any personnel action that is subject to (2) such other matters as the Secretary con- loan relief for postsecondary stu- the requirements of this chapter with respect to siders appropriate. dents called to military service.’’. employees of the agency.’’. (d) CONSULTATION.—In conducting the study (c) EFFECTIVE DATE.—The amendments made (b) CLERICAL AMENDMENT.—The table of sec- required by subsection (a), the Secretary— by this section shall take effect for periods of tions at the beginning of chapter 43 is amended (1) shall consult with such veterans and mili- military service beginning after the date of the by adding at the end the following new item: tary service organizations, and with such other enactment of this section.

VerDate Mar 15 2010 22:10 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00071 Fmt 4624 Sfmt 6333 E:\2008SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8880 CONGRESSIONAL RECORD — SENATE September 16, 2008 SEC. 312. MODIFICATION OF PERIOD OF ELIGI- Business Programs of the Department of Vet- title and was removed from recall status under BILITY FOR SURVIVORS’ AND DE- erans Affairs. subsection (b)(3) of that section, the retired pay PENDENTS’ EDUCATIONAL ASSIST- TITLE IV—COURT MATTERS of the judge shall be the pay of the judge at the ANCE OF CERTAIN SPOUSES OF INDI- time of the removal from recall status.’’. VIDUALS WITH SERVICE-CONNECTED SEC. 401. INCREASE IN NUMBER OF ACTIVE (2) COST-OF-LIVING ADJUSTMENT FOR RETIRED DISABILITIES TOTAL AND PERMA- JUDGES ON THE UNITED STATES NENT IN NATURE. COURT OF APPEALS FOR VETERANS PAY OF NEW JUDGES WHO ARE RECALL-ELIGI- Section 3512(b)(1) is amended— CLAIMS. BLE.—Section 7296(f)(3)(A) is amended by strik- (1) in subparagraph (A), by striking ‘‘sub- Section 7253(a) is amended by striking ‘‘seven ing ‘‘paragraph (2) of subsection (c)’’ and in- paragraph (B) or (C)’’ and inserting ‘‘subpara- judges’’ and inserting ‘‘nine judges’’. serting ‘‘paragraph (1)(A)(i) or (2) of subsection (c)’’. graph (B), (C), or (D)’’; and SEC. 402. PROTECTION OF PRIVACY AND SECU- (3) PAY DURING PERIOD OF RECALL.—Sub- (2) by adding at the end the following new RITY CONCERNS IN COURT subparagraph: RECORDS. section (d) of section 7257 is amended to read as ‘‘(D) Notwithstanding subparagraph (A), an Section 7268 is amended by adding at the end follows: ‘‘(d)(1) The pay of a recall-eligible retired eligible person referred to in that subparagraph the following new subsection: judge to whom section 7296(c)(1)(B) of this title who is made eligible under section ‘‘(c)(1) The Court shall prescribe rules, in ac- applies is the pay specified in that section. 3501(a)(1)(D)(i) of this title by reason of a serv- cordance with section 7264(a) of this title, to ‘‘(2) A judge who is recalled under this section ice-connected disability that was determined to protect privacy and security concerns relating to who retired under chapter 83 or 84 of title 5 or be a total disability permanent in nature not all filing of documents and the public avail- to whom section 7296(c)(1)(A) of this title applies later than three years after discharge from serv- ability under this subsection of documents re- shall be paid, during the period for which the ice may be afforded educational assistance tained by the Court or filed electronically with judge serves in recall status, pay at the rate of under this chapter during the 20-year period be- the Court. pay in effect under section 7253(e) of this title ginning on the date the disability was so deter- ‘‘(2) The rules prescribed under paragraph (1) for a judge performing active service, less the mined to be a total disability permanent in na- shall be consistent to the extent practicable with amount of the judge’s annuity under the appli- ture, but only if the eligible person remains the rules addressing privacy and security issues cable provisions of chapter 83 or 84 of title 5 or spouse of the disabled person throughout the pe- throughout the Federal courts. the judge’s annuity under section 7296(c)(1)(A) riod.’’. ‘‘(3) The rules prescribed under paragraph (1) of this title, whichever is applicable.’’. SEC. 313. REPEAL OF REQUIREMENT FOR REPORT shall take into consideration best practices in (4) NOTICE.—The last sentence of section TO THE SECRETARY OF VETERANS Federal and State courts to protect private in- 7257(a)(1) is amended to read as follows: ‘‘Such AFFAIRS ON PRIOR TRAINING. formation or otherwise maintain necessary in- a notice provided by a retired judge to whom Section 3676(c)(4) is amended by striking ‘‘and formation security.’’. section 7296(c)(1)(B) of this title applies is irrev- the Secretary’’. SEC. 403. RECALL OF RETIRED JUDGES OF THE ocable.’’. SEC. 314. MODIFICATION OF WAITING PERIOD BE- UNITED STATES COURT OF APPEALS (c) LIMITATION ON INVOLUNTARY RECALLS.— FORE AFFIRMATION OF ENROLL- FOR VETERANS CLAIMS. Section 7257(b)(3) is amended by adding at the MENT IN A CORRESPONDENCE (a) REPEAL OF LIMIT ON SERVICE OF RE- end the following new sentence: ‘‘This para- COURSE. CALLED RETIRED JUDGES WHO VOLUNTARILY graph shall not apply to a judge to whom sec- Section 3686(b) is amended by striking ‘‘ten’’ SERVE MORE THAN 90 DAYS.—Section 7257(b)(2) tion 7296(c)(1)(A) or 7296(c)(1)(B) of this title ap- and inserting ‘‘five’’. is amended by striking ‘‘or for more than a total plies and who has, in the aggregate, served at SEC. 315. CHANGE OF PROGRAMS OF EDUCATION of 180 days (or the equivalent) during any cal- least five years of recalled service on the Court AT THE SAME EDUCATIONAL INSTI- endar year’’. under this section.’’. TUTION. (b) NEW JUDGES RECALLED AFTER RETIREMENT SEC. 404. ANNUAL REPORTS ON WORKLOAD OF Section 3691(d) is amended— RECEIVE PAY OF CURRENT JUDGES ONLY DURING THE UNITED STATES COURT OF AP- (1) by redesignating paragraphs (1), (2), (3), PERIOD OF RECALL.— PEALS FOR VETERANS CLAIMS. and (4) as subparagraphs (A), (B), (C), and (D), (1) IN GENERAL.—Section 7296(c) is amended (a) IN GENERAL.—Subchapter III of chapter 72 respectively; by striking paragraph (1) and inserting the fol- is amended by adding at the end the following (2) by inserting ‘‘(1)’’ after ‘‘(d)’’; lowing new paragraph: new section: (3) in subparagraph (C) of paragraph (1), as ‘‘(1)(A) A judge who is appointed on or after ‘‘§ 7288. Annual report redesignated by paragraphs (1) and (2) of this the date of the enactment of the Veterans’ Bene- ‘‘(a) IN GENERAL.—The chief judge of the section, by striking ‘‘or’’ at the end; fits Improvement Act of 2008 and who retires Court shall submit to the appropriate committees (4) in subparagraph (D) of paragraph (1), as under subsection (b) and elects under subsection of Congress each year a report summarizing the so redesignated, by striking the period at the (d) to receive retired pay under this subsection workload of the Court for the fiscal year ending end and inserting ‘‘; or’’; and shall (except as provided in paragraph (2)) re- during the preceding year. (5) by adding at the end the following: ceive retired pay as follows: ‘‘(b) ELEMENTS.—Each report under sub- ‘‘(E) the change from the program to another ‘‘(i) In the case of a judge who is a recall-eli- section (a) shall include, with respect to the fis- program is at the same educational institution gible retired judge under section 7257 of this cal year covered by such report, the following and such educational institution determines title, the retired pay of the judge shall (subject information: that the new program is suitable to the apti- to section 7257(d)(2) of this title) be the rate of ‘‘(1) The number of appeals filed with the tudes, interests, and abilities of the veteran or pay applicable to that judge at the time of re- Court. eligible person and certifies to the Secretary the tirement, as adjusted from time to time under ‘‘(2) The number of petitions filed with the enrollment of the veteran or eligible person in subsection (f)(3). Court. the new program. ‘‘(ii) In the case of a judge other than a re- ‘‘(3) The number of applications filed with the ‘‘(2) A veteran or eligible person undergoing a call-eligible retired judge, the retired pay of the Court under section 2412 of title 28. change from one program of education to an- judge shall be the rate of pay applicable to that ‘‘(4) The total number of dispositions by each other program of education as described in judge at the time of retirement. of the following: paragraph (1)(E) shall not be required to apply ‘‘(B) A judge who retired before the date of ‘‘(A) The Court as a whole. to the Secretary for approval of such change.’’. the enactment of the Veterans’ Benefits Im- ‘‘(B) The Clerk of the Court. SEC. 316. REPEAL OF CERTIFICATION REQUIRE- provement Act of 2008 and elected under sub- ‘‘(C) A single judge of the Court. MENT WITH RESPECT TO APPLICA- section (d) to receive retired pay under this sub- ‘‘(D) A multi-judge panel of the Court. TIONS FOR APPROVAL OF SELF-EM- section, or a judge who retires under subsection ‘‘(E) The full Court. PLOYMENT ON-JOB TRAINING. (b) and elects under subsection (d) to receive re- ‘‘(5) The number of each type of disposition by Section 3677(b) is amended by adding at the tired pay under this subsection, shall (except as the Court, including settlement, affirmation, re- end the following new paragraph: provided in paragraph (2)) receive retired pay as mand, vacation, dismissal, reversal, grant, and ‘‘(3) The requirement for certification under follows: denial. ‘‘(6) The median time from filing an appeal to paragraph (1) shall not apply to training de- ‘‘(i) In the case of a judge who is a recall-eli- disposition by each of the following: scribed in section 3452(e)(2) of this title.’’. gible retired judge under section 7257 of this title ‘‘(A) The Court as a whole. Subtitle C—Other Matters or who was a recall-eligible retired judge under ‘‘(B) The Clerk of the Court. SEC. 321. DESIGNATION OF THE OFFICE OF that section and was removed from recall status ‘‘(C) A single judge of the Court. SMALL BUSINESS PROGRAMS OF THE under subsection (b)(4) of that section by reason ‘‘(D) Multiple judges of the Court (including a DEPARTMENT OF VETERANS AF- of disability, the retired pay of the judge shall multi-judge panel of the Court or the full FAIRS. be the pay of a judge of the court. Court). (a) DESIGNATION.—The Office of Small Busi- ‘‘(ii) In the case of a judge who at the time of ‘‘(7) The median time from filing a petition to ness Programs of the Department of Veterans retirement did not provide notice under section disposition by the Court. Affairs is the office that is established within 7257 of this title of availability for service in a ‘‘(8) The median time from filing an applica- the Office of the Secretary of Veterans Affairs recalled status, the retired pay of the judge tion under section 2412 of title 28 to disposition under section 15(k) of the Small Business Act (15 shall be the rate of pay applicable to that judge by the Court. U.S.C. 644(k)). at the time of retirement. ‘‘(9) The median time from the completion of (b) HEAD.—The Director of Small Business ‘‘(iii) In the case of a judge who was a recall- briefing requirements by the parties to disposi- Programs is the head of the Office of Small eligible retired judge under section 7257 of this tion by the Court.

VerDate Mar 15 2010 22:10 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00072 Fmt 4624 Sfmt 6333 E:\2008SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 16, 2008 CONGRESSIONAL RECORD — SENATE S8881 ‘‘(10) The number of oral arguments before the SEC. 502. TREATMENT OF STILLBORN CHILDREN Force, Marine Corps, or Coast Guard during a Court. AS INSURABLE DEPENDENTS UNDER period when the Coast Guard is operating as a SERVICEMEMBERS’ GROUP LIFE IN- service in the Navy if the Secretary determines ‘‘(11) The number of cases appealed to the SURANCE. United States Court of Appeals for the Federal that, under the circumstances applicable with (a) TREATMENT.—Section 1965(10) is amended Circuit. respect to the deceased person, it is appropriate by adding at the end the following new sub- to do so.’’. ‘‘(12) The number and status of appeals and paragraph: petitions pending with the Court and of applica- (b) EQUITABLE REFUND OF AMOUNTS COL- ‘‘(C) The member’s stillborn child.’’. LECTED.—The Secretary of Veterans Affairs may tions described in paragraph (3) as of the end of (b) CONFORMING AMENDMENT.—Section such fiscal year. refund to the estate of such person any amount 101(4)(A) is amended by striking ‘‘section collected by the Secretary (whether before, on, ‘‘(13) The number of cases pending with the 1965(10)(B)’’ in the matter preceding clause (i) or after the date of the enactment of this Act) Court more than 18 months as of the end of such and inserting ‘‘subparagraph (B) or (C) of sec- from a person who died while serving on active fiscal year. tion 1965(10)’’. duty as a member of the Armed Forces if the ‘‘(14) A summary of any service performed for SEC. 503. OTHER ENHANCEMENTS OF Secretary determines that, under the cir- the Court by a recalled retired judge of the SERVICEMEMBERS’ GROUP LIFE IN- cumstances applicable with respect to the de- Court. SURANCE COVERAGE. ceased person, it is appropriate to do so. (a) EXPANSION OF SERVICEMEMBERS’ GROUP ‘‘(c) APPROPRIATE COMMITTEES OF CONGRESS SEC. 602. MEMORIAL HEADSTONES AND MARKERS DEFINED.—In this section, the term ‘appropriate LIFE INSURANCE TO INCLUDE CERTAIN MEMBERS FOR DECEASED REMARRIED SUR- committees of Congress’ means— OF INDIVIDUAL READY RESERVE.— VIVING SPOUSES OF VETERANS. ‘‘(1) the Committee on Veterans’ Affairs of the (1) IN GENERAL.—Section 1967(a)(1)(C) is (a) IN GENERAL.—Section 2306(b)(4)(B) is Senate; and amended by striking ‘‘section 1965(5)(B) of this amended by striking ‘‘an unremarried surviving title’’ and inserting ‘‘subparagraph (B) or (C) of spouse whose subsequent remarriage was termi- ‘‘(2) the Committee on Veterans’ Affairs of the section 1965(5) of this title’’. House of Representatives.’’. nated by death or divorce’’ and inserting ‘‘a (2) CONFORMING AMENDMENTS.— surviving spouse who had a subsequent remar- (b) CLERICAL AMENDMENT.—The table of sec- (A) Section 1967(a)(5)(C) is amended by strik- riage’’. tions at the beginning of chapter 72 is amended ing ‘‘section 1965(5)(B) of this title’’ and insert- (b) EFFECTIVE DATE.—The amendment made by inserting after the item related to section 7287 ing ‘‘subparagraph (B) or (C) of section 1965(5) by this section shall apply to deaths occurring the following new item: of this title’’; and on or after the date of the enactment of this Act. ‘‘7288. Annual report.’’. (B) Section 1969(g)(1)(B) is amended by strik- SEC. 603. THREE-YEAR EXTENSION OF AUTHOR- ing ‘‘section 1965(5)(B) of this title’’ and insert- ITY TO CARRY OUT INCOME TITLE V—INSURANCE MATTERS ing ‘‘subparagraph (B) or (C) of section 1965(5) VERIFICATION. SEC. 501. REPORT ON INCLUSION OF SEVERE AND of this title’’. Section 5317(g) is amended by striking ‘‘Sep- ACUTE POST TRAUMATIC STRESS (b) REDUCTION IN PERIOD OF DEPENDENTS’ tember 30, 2008’’ and inserting ‘‘September 30, DISORDER AMONG CONDITIONS COVERAGE AFTER MEMBER SEPARATES.—Section 2011’’. COVERED BY TRAUMATIC INJURY 1968(a)(5)(B)(ii) is amended by striking ‘‘120 SEC. 604. THREE-YEAR EXTENSION OF TEM- PROTECTION COVERAGE UNDER days after’’. PORARY AUTHORITY FOR THE PER- SERVICEMEMBERS’ GROUP LIFE IN- FORMANCE OF MEDICAL DISABILITY SURANCE. (c) AUTHORITY TO SET PREMIUMS FOR READY RESERVISTS’ SPOUSES.—Section 1969(g)(1)(B) is EXAMINATIONS BY CONTRACT PHY- (a) REPORT REQUIRED.—Not later than 180 amended by striking ‘‘(which shall be the same SICIANS. days after the date of the enactment of this Act, Section 704(c) of the Veterans Benefits Act of for all such members)’’. the Secretary of Veterans Affairs shall, in con- 2003 (Public Law 108–183; 117 Stat. 2651; 38 (d) FORFEITURE OF VETERANS’ GROUP LIFE IN- sultation with the Secretary of Defense, submit U.S.C. 5101 note) is amended by striking ‘‘De- SURANCE.—Section 1973 is amended by striking to the appropriate committees of Congress a re- ‘‘under this subchapter’’ and inserting ‘‘and cember 31, 2009’’ and inserting ‘‘December 31, port setting forth the assessment of the Sec- Veterans’ Group Life Insurance under this sub- 2012’’. retary of Veterans Affairs as to the feasability Amend the title so as to read: ‘‘A Bill to chapter’’. and advisability of including severe and acute amend title 38, United States Code, to im- (e) EFFECTIVE AND APPLICABILITY DATES.— Post Traumatic Stress Disorder (PTSD) among prove and enhance compensation and pen- (1) The amendments made by subsection (a) sion, housing, labor and education, and in- the conditions covered by traumatic injury pro- shall take effect on the date of the enactment of tection coverage under Servicemembers’ Group surance benefits for veterans, and for other this Act. purposes.’’. Life Insurance under section 1980A of title 38, (2) The amendment made by subsection (b) United States Code. shall apply with respect to Servicemembers’ Mr. AKAKA. Mr. President, I am (b) CONSIDERATIONS.—In preparing the assess- Group Life Insurance coverage for an insurable pleased that the Senate is acting on S. ment required by subsection (a), the Secretary of dependent of a member, as defined in section 3023, the proposed Veterans’ Benefits Veterans Affairs shall consider the following: 1965(10) of title 38, United States Code (as Improvement Act of 2008, as reported (1) The advisability of providing traumatic in- amended by section 502 of this Act), that begins by the Committee on Veterans’ Affairs. jury protection coverage under Servicemembers’ on or after the date of the enactment of this Act. This omnibus veterans’ benefits bill Group Life Insurance under section 1980A of (3) The amendment made by subsection (c) will provide much needed support to title 38, United States Code, for Post Traumatic shall take effect as if enacted on June 5, 2001, our Nation’s veterans. It contains six Stress Disorder incurred by a member of the immediately after the enactment of the Vet- titles and 34 provisions that are de- Armed Forces as a direct result of military serv- erans’ Survivor Benefits Improvements Act of ice in a combat zone that renders the member 2001 (Public Law 107–14; 115 Stat. 25). signed to enhance compensation, hous- unable to carry out the daily activities of living (4) The amendment made by subsection (d) ing, labor and education, and insurance after the member is discharged or released from shall apply with respect to any act of mutiny, benefits for veterans. A full expla- military service. treason, spying, or desertion committed on or nation of the bill is available in the (2) The unique circumstances of military serv- after the date of the enactment of this Act for committee’s report accompanying this ice, and the unique experiences of members of which a person is found guilty, or with respect legislation, Senate Report 110–449. the Armed Forces who are deployed to a combat to refusal because of conscientious objections to I believe that it is important that we zone. perform service in, or to wear the uniform of, view veterans’ compensation, and in- (3) Any financial strain incurred by family the Armed Forces on or after the date of the en- deed all benefits earned by veterans, as members of members of the Armed Forces who actment of this Act. a continuing cost of war. This legisla- suffer severe and acute from Post Traumatic TITLE VI—OTHER MATTERS tion reflects that perspective. Stress Disorder. SEC. 601. AUTHORITY FOR SUSPENSION OR TER- I will highlight a few of the provi- (4) The recovery time, and any particular dif- MINATION OF CLAIMS OF THE sions that I have sponsored in the leg- ficulty of the recovery process, for recovery from UNITED STATES AGAINST INDIVID- islation that is before us today. UALS WHO DIED WHILE SERVING ON severe and acute Post Traumatic Stress Dis- This legislation would result in im- order. ACTIVE DUTY IN THE ARMED FORCES. proved notices being sent to veterans (5) Such other matters as the Secretary con- (a) AUTHORITY.—Section 3711(f) of title 31, concerning their claims for VA bene- siders appropriate. United States Code, is amended— fits. Following a number of decisions (c) APPROPRIATE COMMITTEES OF CONGRESS (1) by redesignating paragraph (3) as para- by the U.S. Court of Appeals for Vet- DEFINED.—In this section, the term ‘‘appro- graph (4); and priate committees of Congress’’ means— erans Claims and the U.S. Court of Ap- (2) by inserting after paragraph (2) the fol- peals for the Federal Circuit, VA’s no- (1) the Committee on Armed Services and the lowing new paragraph (3): Committee on Veterans’ Affairs of the Senate; ‘‘(3) The Secretary of Veterans Affairs may tification letters to veterans about the and suspend or terminate an action by the Secretary status of their claims have become in- (2) the Committee on Armed Services and the under subsection (a) to collect a claim against creasingly long, complex, and difficult Committee on Veterans’ Affairs of the House of the estate of a person who died while serving on to understand. These notification let- Representatives. active duty as a member of the Army, Navy, Air ters must be simplified, as veterans,

VerDate Mar 15 2010 22:10 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\2008SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8882 CONGRESSIONAL RECORD — SENATE September 16, 2008 VA, veterans’ advocates, and outside loans originated from July 30, 2008 Improvement Act of 2007,’’ which Sen- review bodies have all recommended. through December 31, 2008 to the same ator KENNEDY and I introduced on De- The notices should focus on the specific level as provided in the Stimulus Act. cember 13, 2007. This legislation would type of claim presented. They should S. 3023, as amended, would extend the ensure that federal agencies assist use plain and ordinary language rather temporary increase in the maximum servicemembers in a more effective than bureaucratic jargon. Veterans guaranty amount until December 31, manner, by requiring the Department should not be subjected to confusing 2011. This would enable more veterans of Labor to investigate and refer cases information as they seek benefits. to utilize their VA benefit to purchase in a more timely manner, and by re- To further improve the VA com- more costly homes. quiring reports from the Department of pensation system, this legislation The committee bill would also in- Labor on their compliance with the would end the prohibition on judicial crease the maximum guaranty limit deadlines. review in the United States Court of for refinance loans and increase the Finally, the omnibus benefits bill in- Appeals for the Federal Circuit of mat- percentage of an existing loan that VA cludes a provision derived from S. 3000, ters concerning the VA rating sched- will refinance under the VA home loan the proposed ‘‘Native American Vet- ule. VA issues regulations which are program. erans Access Act of 2008,’’ which I in- used to assign ratings to veterans for Under current law, the maximum VA troduced on May 8, 2008. This provision particular disabilities. Under current home loan guaranty limit for most is intended to improve VA’s ability to law, actions concerning the rating loans in excess of $144,000 is equal to 25 understand and respond to the needs of schedule are not subject to judicial re- percent of the Freddie Mac conforming Native American veterans. While Na- view unless a constitutional challenge loan limit for a single family home. tive Americans are more likely to is presented. This legislation would Public Law 110–289 set this value at ap- serve in uniform than the general pop- amend the law to treat actions con- proximately $182,437 through the end of ulation, many of them find cultural cerning the rating schedule in the same 2008. This means lenders offering loans and geographical barriers between manner as all other actions concerning of up to $729,750 will receive up to a 25 themselves and the benefits they VA regulations. percent guaranty, which is typically earned through service. In addition, I expect VA to comply with all laws required to place the loan on the sec- those returning to traditional home- passed by Congress in developing and ondary market. Under current law, this lands, especially reservation commu- revising the Rating Schedule. However, does not include regular refinance nities, frequently come home to dismal justice to our Nation’s veterans re- loans. job opportunities and starved econo- quires that actions concerning the rat- Current law limits to $36,000 the mies. The proposed bill would require a ing schedule be subject to the same ju- guaranty that can be used for a regular study to help us understand the em- dicial scrutiny as is available for the refinance loan. This restriction means ployment needs of Native American review of actions involving other regu- VA will not guarantee a regular refi- veterans and how best to address them. I thank the committee’s ranking lations. nance loan over $144,000, essentially VA’s home loan guaranty program precluding a veteran from using the VA member, Senator BURR, for the agree- may exempt homeowners from having program to refinance his or her exist- ments we have been able to reach. I truly appreciate his cooperation and to make a down payment or secure pri- ing FHA or conventional loan in excess that of the other members of the com- vate mortgage insurance, depending on of that amount. the size of the loan and the amount of VA is also currently precluded from mittee that have aided our work. I look the VA guaranty. In general, eligibility refinancing a loan if the homeowner forward to working with all those on the committee and our colleagues in is extended to veterans who served on does not have at least 10 percent equity the House in order to bring this legisla- active duty for a minimum of 90 days in his or her home. tion to final action before the end of during wartime, or 181 continuous days The committee bill would decrease the equity requirement from 10 percent this month. during peacetime, and have a discharge I urge colleagues to support this im- to 5 percent for refinancing from an other than dishonorable. Members of portant legislation that would benefit FHA loan or conventional loan to a the Guard and Reserve who have never many of this Nation’s nearly 24 million VA-guaranteed loan. This would allow been called to active duty must serve a veterans and their families. total of six years in order to be eligible more veterans to use their VA benefit Mr. BURR. Mr. President, as ranking for the benefit. Certain surviving to refinance their mortgages. Many member of the Senate Committee on spouses are also eligible for the hous- veterans do not have 10 percent equity Veterans’ Affairs, I rise today to ex- ing guaranty. and thus are precluded from refi- press my support for S. 3023, the Vet- Public Law 108–454 increased VA’s nancing with a VA-guaranteed home erans’ Benefits Improvement Act of maximum guaranty amount to 25 per- loan. 2008. This veterans’ benefits omnibus cent of the Freddie Mac conforming Given the anticipated number of non- bill will make a wide assortment of im- loan limit determined under section VA-guaranteed adjustable rate mort- provements to benefits programs for 305(a)(2) of the Federal Home Loan gages that are approaching the reset veterans. Mortgage Corporation Act for a single time when payments are likely to in- I commend Chairman AKAKA for his family residence, as adjusted for the crease, the committee believes that it efforts in crafting this committee bill year involved. is prudent to facilitate veterans refi- which reflects the bipartisan work of The Economic Stimulus Act of 2008, nancing to VA-guaranteed loans. In almost every member of our committee Public Law 110–185, temporarily reset light of today’s housing and home loan and over 30 other Senators. The result the maximum limits on home loans crises, additional refinancing options of our work is a bill with 35 provisions that the Federal Housing Administra- will help some veterans bridge finan- touching on education, vocational re- tion may insure and that Fannie Mae cial gaps and allow them to stay in habilitation, employment, housing, and Freddie Mac may purchase on the their homes and escape possible fore- compensation, insurance, memorial af- secondary market to 125 percent of closures. These provisions would allow fairs, and other issues. metropolitan-area median home prices, more qualified veterans to refinance Among many other valuable provi- but did so without reference to the VA their home loans under the VA pro- sions, this bill includes an education home loan program. This had the effect gram. benefit that draws its inspiration from of raising the Fannie Mae, Freddie The omnibus benefits bill would also a North Carolinian who has become one Mac, and FHA limits to nearly $730,000, make crucial updates to the Uniformed of the foremost advocates of the needs in the highest cost areas, while leaving Services Employment and Reemploy- of severely injured servicemen and the then-VA limit of $417,000 in place. ment Rights Act, which protects women and their families. Sarah Wade, On July 30, 2008, the Housing and Eco- servicemembers’ rights to return to spouse of Ted Wade, an Iraq war vet- nomic Recovery Act of 2008 was signed their prior jobs with the same wages eran who lost his right arm and has into law as Public Law 110–289. That and benefits. The provisions in the battled the effects of severe traumatic law provided a temporary increase in committee bill are derived from S. 2471, brain injury after an explosive deto- the maximum guaranty amount for VA the proposed ‘‘USERRA Enforcement nated under his Humvee in 2004, has

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It is likely that While every employer should strive To make sure these studies don’t get her intensive involvement in Ted’s on- to meet or exceed the requirements of put on a shelf to collect dust—as has going recovery will last for several USERRA, Congress has stressed that happened in the past—this bill would more years. ‘‘the Federal Government should be a require VA to submit to Congress a re- Sarah’s effort on behalf of her hus- model employer’’ when it comes to port outlining the findings and rec- band leaves little time for herself. complying with this law. In my view, ommendations of those studies, a list Sarah would one day like to go to this means the Federal Government of the actions that VA plans to take in school. Although VA provides an edu- should make sure that not a single re- response, and a timeline for when VA cational assistance benefit for the turning servicemember is denied prop- plans to take those actions. My hope is spouses of totally disabled veterans er reinstatement to a Federal job. But that this will finally prompt the type and servicemembers, the law requires unfortunately, this is not happening of complete update that the VA rating that the benefit be used within 10 years yet. schedule has needed for so long. At a hearing last year, the Com- of the date the veteran receives a total These are only a few of the 35 items mittee on Veterans’ Affairs learned disability rating. For a spouse like in this bill. I am confident that each of that the Federal executive branch con- Sarah Wade, there is next to no time to the bill’s provisions will improve the tinues to violate this law. Worse, these take advantage of this benefit within lives of and veterans, even if only in a violations are often the result of lack that timeframe. The recovery period small way. My hope is that these provi- of understanding or knowledge about for a TBI-afflicted veteran—the very sions, and others, will be passed by what the law requires. In fact, the As- period that Ted needs Sarah the most— both Houses before Congress leaves for sistant Secretary for Veterans’ Em- simply precludes her from pursuing the year. I ask my colleagues for their ployment and Training of the U.S. De- that option. support as Chairman AKAKA and I work In recognition of hundreds of spouses partment of Labor testified at our hearing that ‘‘about half’ of Federal to make sure that happens. like Sarah, the Veterans’ Benefits Im- Mr. LEVIN. Mr. President, I further provement Act of 2008 would extend USERRA cases occur because ‘‘the Fed- eral hiring manager just doesn’t under- ask unanimous consent that the Akaka from 10 to 20 years the period within amendment be agreed to; that the com- which certain spouses of severely dis- stand the law or the . . . regulations that spell out how to implement the mittee’s substitute amendment, as abled veterans could use their edu- law.’’ amended, be agreed to; the bill be read cation benefits. That longer window Based on that, it seems clear that we a third time and passed; the title will allow Sarah and others to focus on need to do more to prevent these amendment be agreed to; the motion to their first priority, the care of their in- USERRA violations from occurring in reconsider be laid upon the table, with jured spouses, while giving them some the first place. We owe nothing less to no intervening action or debate, and flexibility to pursue their educational those who have served and sacrificed so any statements relating to the bill be goals later on. This provision is simply much for our nation. That is why I printed in the RECORD. the right thing to do. have championed this provision to re- The PRESIDING OFFICER. Without Another provision that I would like quire the head of each Federal execu- objection, it is so ordered. to discuss is one that would require tive agency to provide training for The amendment (No. 5614) was agreed human resource specialists in the Fed- their human resources personnel on the to, as follows: eral executive branch to receive train- rights, benefits, and obligations under (Purpose: To strike section 311, relating to ing on the Uniformed Services Employ- USERRA. I am very pleased that this relief for students who discontinue edu- ment and Reemployment Rights Act or provision was included in the omnibus cation because of military service, and to USERRA. This law provides a wide bill and hope it will soon become law. provide a temporary increase in the num- range of employment protections to The Veterans’ Benefits Improvement ber of authorized judges of the United veterans, future and current members Act of 2008 also includes a provision States Court of Appeals for Veterans Claims) of the Armed Forces, and Guard and that would require VA to provide Con- Reserve members. gress with a plan for updating its dis- Strike section 311. Strike section 401 and insert the following: More than 60 years ago Congress rec- ability rating schedule and a timeline ognized that those who serve our coun- for when changes will be made. This SEC. 401. TEMPORARY INCREASE IN NUMBER OF try in a time of need should be entitled AUTHORIZED JUDGES OF THE rating schedule—which is the corner- UNITED STATES COURT OF APPEALS to resume their civilian jobs when they stone of the entire VA claims proc- FOR VETERANS CLAIMS. return home. After Congress passed the essing system—was developed in the Section 7253 is amended by adding at the first law providing reemployment early 1900s and about 35 percent of it end the following new subsection: rights to servicemen and women in has not been updated since 1945. It is ‘‘(i) ADDITIONAL TEMPORARY EXPANSION OF 1940, President Roosevelt said these riddled with outdated criteria that do COURT.—(1) Subject to paragraph (2), effec- rights were part of ‘‘the special bene- tive as of December 31, 2009, the authorized not track with modern medicine. Take number of judges of the Court specified in fits which are due to the members of for example traumatic arthritis. The our armed forces—for they ‘have been subsection (a) is increased by two. rating schedule requires a veteran to ‘‘(2) Effective as of January 1, 2013, an ap- compelled to make greater economic show proof of this condition through x- pointment may not be made to the Court if sacrifice and every other kind of sac- ray evidence. But doctors today would the appointment would result in there being rifice than the rest of us.’ ’’ generally diagnose the condition using more judges of the Court than the authorized As we all know, the sacrifices by this more modern technology, like an MRI. number of judges of the Court specified in generation of servicemen and women Even worse, experts have been telling subsection (a).’’. are just as profound. In North Carolina us the rating schedule is not adequate On page 47, between lines 20 and 21, insert alone, we have over 1,000 members of for rating conditions like post-trau- the following: the Guard and Reserves currently de- ‘‘(15) An assessment of the workload of matic stress disorder and traumatic each judge of the Court, including consider- ployed, and more than 45,000 members brain injury, which are afflicting so ation of the following: of the Guard and Reserves have de- many of our veterans from the War on ‘‘(A) The time required of each judge for ployed since the beginning of the War Terror. Also, experts have told us that disposition of each type of case. on Terror. Many left behind not only the schedule does not adequately com- ‘‘(B) The number of cases reviewed by the family and friends, but valued civilian pensate young, severely disabled vet- Court. careers. erans; veterans with mental disabil- ‘‘(C) The average workload of other Fed- For them, the modern reemployment ities; and veterans who are unemploy- eral judges’’. law, the Uniformed Services Employ- able. The committee amendment in the ment and Reemployment Rights Act, To address this situation, VA has nature of a substitute, as amended, was requires that they be given their jobs been conducting studies on the appro- agreed to.

VerDate Mar 15 2010 22:10 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\2008SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8884 CONGRESSIONAL RECORD — SENATE September 16, 2008 The bill (S. 3023), as amended, was or- Sec. 304. Training for executive branch to, or repeal of, a section or other provision, dered to be engrossed for a third read- human resources personnel on the reference shall be considered to be made ing, was read the third time, and employment and reemployment to a section or other provision of title 38, passed, as follows: rights of members of the uni- United States Code. formed services. TITLE I—COMPENSATION AND PENSION S. 3023 Sec. 305. Report on the employment needs of MATTERS Be it enacted by the Senate and House of Rep- Native American veterans liv- SEC. 101. REGULATIONS ON CONTENTS OF NO- resentatives of the United States of America in ing on tribal lands. TICE TO BE PROVIDED CLAIMANTS Congress assembled, Sec. 306. Report on measures to assist and WITH THE DEPARTMENT OF VET- SECTION 1. SHORT TITLE. encourage veterans in com- ERANS AFFAIRS REGARDING THE (a) SHORT TITLE.—This Act may be cited as pleting vocational rehabilita- SUBSTANTIATION OF CLAIMS. the ‘‘Veterans’ Benefits Improvement Act of tion. (a) IN GENERAL.—Section 5103(a) is amend- 2008’’. Subtitle B—Education Matters ed— (b) TABLE OF CONTENTS.—The table of con- (1) by inserting ‘‘(1)’’ before ‘‘Upon re- tents for this Act is as follows: Sec. 311. Modification of period of eligibility ceipt’’; and for Survivors’ and Dependents’ (2) by adding at the end the following new Sec. 1. Short title. Educational Assistance of cer- Sec. 2. References to title 38, United States paragraph: tain spouses of individuals with Code. ‘‘(2)(A) The Secretary shall prescribe in service-connected disabilities regulations requirements relating to the TITLE I—COMPENSATION AND PENSION total and permanent in nature. MATTERS contents of notice to be provided under this Sec. 312. Repeal of requirement for report to subsection. Sec. 101. Regulations on contents of notice the Secretary of Veterans Af- ‘‘(B) The regulations required by this para- to be provided claimants with fairs on prior training. graph— the Department of Veterans Af- Sec. 313. Modification of waiting period be- ‘‘(i) shall specify different contents for no- fairs regarding the substan- fore affirmation of enrollment tice depending on whether the claim con- tiation of claims. in a correspondence course. cerned is an original claim, a claim for re- Sec. 102. Judicial review of adoption and re- Sec. 314. Change of programs of education at opening a prior decision on a claim, or a vision by the Secretary of Vet- the same educational institu- claim for increase in benefits; erans Affairs of the schedule of tion. ‘‘(ii) may provide additional or alternative ratings for disabilities of vet- Sec. 315. Repeal of certification requirement contents for notice if appropriate to the ben- erans. with respect to applications for efit or services sought under the claim; Sec. 103. Automatic annual increase in rates approval of self-employment ‘‘(iii) shall specify for each type of claim of disability compensation and on-job training. for benefits the general information and evi- dependency and indemnity Subtitle C—Other Matters dence required to substantiate the basic ele- compensation. ments of such type of claim; and Sec. 104. Conforming amendment relating to Sec. 321. Designation of the Office of Small ‘‘(iv) shall specify the time period limita- non-deductibility from vet- Business Programs of the De- tions required pursuant to subsection (b).’’. erans’ disability compensation partment of Veterans Affairs. (b) APPLICABILITY.—The regulations re- of disability severance pay for TITLE IV—COURT MATTERS quired by paragraph (2) of section 5103(a) of disabilities incurred by mem- Sec. 401. Temporary increase in number of title 38, United States Code (as amended by bers of the Armed Forces in authorized judges of the United subsection (a) of this section), shall apply combat zones. States Court of Appeals for Vet- with respect to notices provided to claimants Sec. 105. Report on progress of the Secretary erans Claims. on or after the effective date of such regula- of Veterans Affairs in address- Sec. 402. Protection of privacy and security tions. ing causes for variances in com- concerns in court records. SEC. 102. JUDICIAL REVIEW OF ADOPTION AND pensation payments for vet- Sec. 403. Recall of retired judges of the REVISION BY THE SECRETARY OF erans for service-connected dis- United States Court of Appeals VETERANS AFFAIRS OF THE SCHED- abilities. for Veterans Claims. ULE OF RATINGS FOR DISABILITIES Sec. 106. Report on studies regarding com- Sec. 404. Annual reports on workload of the OF VETERANS. pensation of veterans for loss of United States Court of Appeals Section 502 is amended by striking ‘‘(other earning capacity and quality of for Veterans Claims. than an action relating to the adoption or life and on long-term transition revision of the schedule of ratings for dis- payments to veterans under- TITLE V—INSURANCE MATTERS abilities adopted under section 1155 of this going rehabilitation for service- Sec. 501. Report on inclusion of severe and title)’’. connected disabilities. acute Post Traumatic Stress SEC. 103. AUTOMATIC ANNUAL INCREASE IN TITLE II—HOUSING MATTERS Disorder among conditions cov- RATES OF DISABILITY COMPENSA- ered by traumatic injury pro- TION AND DEPENDENCY AND IN- Sec. 201. Temporary increase in maximum DEMNITY COMPENSATION. loan guaranty amount for cer- tection coverage under Servicemembers’ Group Life In- (a) INDEXING TO SOCIAL SECURITY IN- tain housing loans guaranteed CREASES.—Section 5312 is amended by adding by the Secretary of Veterans surance. Sec. 502. Treatment of stillborn children as at the end the following new subsection: Affairs. ‘‘(d)(1) Whenever there is an increase in Sec. 202. Enhancement of refinancing of insurable dependents under Servicemembers’ Group Life In- benefit amounts payable under title II of the home loans by veterans. Social Security Act (42 U.S.C. 401 et seq.) as Sec. 203. Four-year extension of demonstra- surance. Sec. 503. Other enhancements of a result of a determination made under section projects on adjustable rate tion 215(i) of such Act (42 U.S.C. 415(i)), the mortgages. Servicemembers’ Group Life In- surance coverage. Secretary shall, effective on the date of such Sec. 204. Eligibility for specially adapted increase in benefit amounts, increase the housing benefits and assistance TITLE VI—OTHER MATTERS dollar amounts in effect for the payment of for members of the Armed Sec. 601. Authority for suspension or termi- disability compensation and dependency and Forces with a service-connected nation of claims of the United indemnity compensation by the Secretary, disability. States against individuals who as specified in paragraph (2), as such Sec. 205. Report on impact of mortgage fore- died while serving on active amounts were in effect immediately prior to closures on veterans. duty in the Armed Forces. the date of such increase in benefit amounts TITLE III—LABOR AND EDUCATION Sec. 602. Memorial headstones and markers payable under title II of the Social Security MATTERS for deceased remarried sur- Act, by the same percentage as the percent- Subtitle A—Labor and Employment Matters viving spouses of veterans. age by which such benefit amounts are in- Sec. 301. Waiver of 24-month limitation on Sec. 603. Three-year extension of authority creased. program of independent living to carry out income ‘‘(2) The dollar amounts to be increased services and assistance for vet- verification. pursuant to paragraph (1) are the following: erans with a severe disability Sec. 604. Three-year extension of temporary ‘‘(A) COMPENSATION.—Each of the dollar incurred in the Post-9/11 Global authority for the performance amounts in effect under section 1114 of this Operations period. of medical disability examina- title. Sec. 302. Reform of USERRA complaint tions by contract physicians. ‘‘(B) ADDITIONAL COMPENSATION FOR DE- process. SEC. 2. REFERENCES TO TITLE 38, UNITED PENDENTS.—Each of the dollar amounts in ef- Sec. 303. Modification and expansion of re- STATES CODE. fect under section 1115(1) of this title. porting requirements with re- Except as otherwise expressly provided, ‘‘(C) CLOTHING ALLOWANCE.—The dollar spect to enforcement of whenever in this Act an amendment or re- amount in effect under section 1162 of this USERRA. peal is expressed in terms of an amendment title.

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‘‘(D) NEW DIC RATES.—Each of the dollar ministration, including an assessment of the Corporation Act (12 U.S.C. 1454(a)(2)) for the amounts in effect under paragraphs (1) and adequacy of the number of personnel as- calendar year in which the loan is originated (2) of section 1311(a) of this title. signed to each regional office of the Admin- for a single-family residence; or ‘‘(E) OLD DIC RATES.—Each of the dollar istration for each type of claim adjudication (2) 125 percent of the area median price for amounts in effect under section 1311(a)(3) of position. a single-family residence, but in no case to this title. (3) A description of the differences, if any, exceed 175 percent of the limitation deter- ‘‘(F) ADDITIONAL DIC FOR SURVIVING in current patterns of submittal rate of mined under such section 305(a)(2) for the SPOUSES WITH MINOR CHILDREN.—The dollar claims to the Secretary of Veterans Affairs calendar year in which the loan is originated amount in effect under section 1311(b) of this regarding service-connected disabilities for a single-family residence. title. among various populations of veterans, in- SEC. 202. ENHANCEMENT OF REFINANCING OF ‘‘(G) ADDITIONAL DIC FOR DISABILITY.—Each cluding veterans living in rural and highly HOME LOANS BY VETERANS. of the dollar amounts in effect under sec- rural areas, minority veterans, veterans who (a) INCLUSION OF REFINANCING LOANS tions 1311(c) and 1311(d) of this title. served in the National Guard or Reserve, and AMONG LOANS SUBJECT TO GUARANTY MAX- ‘‘(H) DIC FOR DEPENDENT CHILDREN.—Each veterans who are retired from the Armed IMUM.—Section 3703(a)(1)(A)(i)(IV) is amend- of the dollar amounts in effect under sec- Forces, and a description and assessment of ed by inserting ‘‘(5),’’ after ‘‘(3),’’. tions 1313(a) and 1314 of this title. efforts undertaken to eliminate such dif- (b) INCREASE IN MAXIMUM PERCENTAGE OF ‘‘(3) Whenever there is an increase under ferences. LOAN-TO-VALUE OF REFINANCING LOANS SUB- paragraph (1) in amounts in effect for the SEC. 106. REPORT ON STUDIES REGARDING COM- JECT TO GUARANTY.—Section 3710(b)(8) is payment of disability compensation and de- PENSATION OF VETERANS FOR LOSS amended by striking ‘‘90 percent’’ and insert- pendency and indemnity compensation, the OF EARNING CAPACITY AND QUAL- ing ‘‘95 percent’’. Secretary shall publish such amounts, as in- ITY OF LIFE AND ON LONG-TERM TRANSITION PAYMENTS TO VET- SEC. 203. FOUR-YEAR EXTENSION OF DEM- creased pursuant to such paragraph, in the ONSTRATION PROJECTS ON ADJUST- Federal Register at the same time as the ma- ERANS UNDERGOING REHABILITA- TION FOR SERVICE-CONNECTED DIS- ABLE RATE MORTGAGES. terial required by section 215(i)(2)(D) of the ABILITIES. (a) DEMONSTRATION PROJECT ON ADJUST- Social Security Act (42 U.S.C. 415(i)(2)(D)) is (a) FINDING.—Congress finds that the Sec- ABLE RATE MORTGAGES.—Section 3707(a) is published by reason of a determination under retary of Veterans Affairs entered into a amended by striking ‘‘during fiscal years section 215(i) of such Act (42 U.S.C. 415(i)).’’. contract in February 2008 to conduct two 1993 through 2008’’ and inserting ‘‘during the (b) EFFECTIVE DATE.—Subsection (d) of sec- studies as follows: period beginning with the beginning of fiscal tion 5312 of title 38, United States Code, as (1) A study on the appropriate levels of dis- year 1993 and ending at the end of fiscal year added by subsection (a) of this section, shall ability compensation to be paid to veterans 2012’’. take effect on December 1, 2009. to compensate for loss of earning capacity (b) DEMONSTRATION PROJECT ON HYBRID AD- SEC. 104. CONFORMING AMENDMENT RELATING and quality of life as a result of service-re- JUSTABLE RATE MORTGAGES.—Section TO NON-DEDUCTIBILITY FROM VET- ERANS’ DISABILITY COMPENSATION lated disabilities. 3707A(a) is amended by striking ‘‘through OF DISABILITY SEVERANCE PAY FOR (2) A study on the feasability and appro- 2008’’ and inserting ‘‘through 2012’’. DISABILITIES INCURRED BY MEM- priate level of long-term transition pay- SEC. 204. ELIGIBILITY FOR SPECIALLY ADAPTED BERS OF THE ARMED FORCES IN ments to veterans who are separated from HOUSING BENEFITS AND ASSIST- COMBAT ZONES. the Armed Forces due to disability while ANCE FOR MEMBERS OF THE ARMED (a) CONFORMING AMENDMENT.—Section 1646 such veterans are undergoing rehabilitation FORCES WITH A SERVICE-CON- of the Wounded Warrior Act (title XVI of for such disability. NECTED DISABILITY. Public Law 110–181; 122 Stat. 472) is amend- (b) REPORT REQUIRED.— The Secretary of Veterans Affairs may pro- ed— (1) IN GENERAL.—The Secretary of Veterans vide assistance under chapter 21 of title 38, (1) by redesignating subsection (c) as sub- Affairs shall submit to Congress a report on United States Code, to a member of the section (d); and the studies referred to in subsection (a). Armed Forces serving on active duty who is (2) by inserting after subsection (b) the fol- (2) ELEMENTS.—The report required by this suffering from a disability described in sec- lowing new subsection (c): subsection shall include the following: tion 2101 of such title if such disability is the ‘‘(c) CONFORMING AMENDMENT.—Section (A) A comprehensive description of the result of an injury incurred or disease con- 1161 of title 38, United States Code, is amend- findings and recommendations of the studies. tracted in or aggravated in line of duty in ed by striking ‘as required by section 1212(c) (B) A description of the actions proposed to the active military, naval, or air service. of title 10’ and inserting ‘to the extent re- be taken by the Secretary in light of such Such assistance shall be provided to the quired by section 1212(d) of title 10’.’’. findings and recommendations, including a same extent, and subject to the same limita- (b) EFFECTIVE DATE.—The amendments description of any modification of the sched- tions, as assistance is provided to veterans made by subsection (a) shall take effect on ule for rating disabilities of veterans under under chapter 21 of such title. January 28, 2008 (the date of the enactment section 1155 of title 38, United States Code, SEC. 205. REPORT ON IMPACT OF MORTGAGE of the Wounded Warrior Act), as if included proposed to be undertaken by the Secretary FORECLOSURES ON VETERANS. in that Act, to which they relate. and of any other modification of policy or (a) REPORT REQUIRED.—Not later than De- SEC. 105. REPORT ON PROGRESS OF THE SEC- regulations proposed to be undertaken by cember 31, 2009, the Secretary of Veterans RETARY OF VETERANS AFFAIRS IN the Secretary. Affairs shall submit to the Committee on ADDRESSING CAUSES FOR VARIANCES IN COMPENSATION PAY- (C) For each action proposed to be taken as Veterans’ Affairs of the Senate and the Com- MENTS FOR VETERANS FOR SERV- described in subparagraph (B), a proposed mittee on Veterans’ Affairs of the House of ICE-CONNECTED DISABILITIES. schedule for the taking of such action, in- Representatives a report on the effects of (a) REPORT REQUIRED.—Not later than one cluding a schedule for the commencement mortgage foreclosures on veterans. year after the date of the enactment of this and completion of such action. (b) ELEMENTS.—The report required by sub- Act, the Secretary of Veterans Affairs shall (D) A description of any legislative action section (a) shall include the following: submit to the Committee on Veterans’ Af- required in order to authorize, facilitate, or (1) A general assessment of the income of fairs of the Senate and the Committee on enhance the taking of any action proposed to veterans who have recently separated from Veterans’ Affairs of the House of Representa- be taken as described in subparagraph (B). the Armed Forces. tives a report describing the progress of the (3) SUBMITTAL DATE.—The report required (2) An assessment of the effects of any lag Secretary in addressing the causes of unac- by this subsection shall be submitted not or delay in the adjudication by the Secretary ceptable variances in compensation pay- later than 210 days after the date of the en- of claims of veterans for disability comments for veterans for service-connected dis- actment of this Act. pensation on the capacity of veterans to abilities. TITLE II—HOUSING MATTERS maintain adequate or suitable housing. (b) ELEMENTS.—The report required under (3) A description of the extent to which the SEC. 201. TEMPORARY INCREASE IN MAXIMUM subsection (a) shall include the following: LOAN GUARANTY AMOUNT FOR CER- provisions of the Servicemembers Civil Re- (1) A description of the efforts of the Vet- TAIN HOUSING LOANS GUARANTEED lief Act (50 U.S.C. App. 501 et seq.) protect erans Benefits Administration to coordinate BY THE SECRETARY OF VETERANS veterans from mortgage foreclosure, and an with the Veterans Health Administration to AFFAIRS. assessment of the adequacy of such protec- improve the quality of examinations of vet- Notwithstanding subparagraph (C) of sections. erans with service-connected disabilities tion 3703(a)(1) of title 38, United States Code, (4) A description and assessment of the that are performed by the Veterans Health for purposes of any loan described in sub- adequacy of the home loan guaranty pro- Administration and contract clinicians, in- paragraph (A)(i)(IV) of such section that is grams of the Department of Veterans Af- cluding efforts relating to the use of ap- originated during the period beginning on fairs, including the authorities of such pro- proved templates for such examinations and the date of the enactment of this Act and grams and the assistance provided individ- of reports on such examinations that are ending on December 31, 2011, the term ‘‘max- uals in the utilization of such programs, in based on such templates prepared in an eas- imum guaranty amount’’ shall mean an preventing foreclosure for veterans recently ily-readable format. amount equal to 25 percent of the higher of— separated from the Armed Forces, and for (2) An assessment of the current personnel (1) the limitation determined under section members of the Armed Forces, who have requirements of the Veterans Benefits Ad- 305(a)(2) of the Federal Home Loan Mortgage home loans guaranteed by the Secretary.

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TITLE III—LABOR AND EDUCATION (B) by inserting after paragraph (1) the fol- (3) CONFORMING AMENDMENT.—Section 4323 MATTERS lowing new paragraph (2): is further amended— Subtitle A—Labor and Employment Matters ‘‘(2) Not later than 60 days after the date (A) by striking subsection (i); and the Attorney General receives a referral SEC. 301. WAIVER OF 24-MONTH LIMITATION ON (B) by redesignating subsection (j) as sub- PROGRAM OF INDEPENDENT LIVING under paragraph (1), the Attorney General section (i). SERVICES AND ASSISTANCE FOR shall— SEC. 303. MODIFICATION AND EXPANSION OF RE- VETERANS WITH A SEVERE DIS- ‘‘(A) make a decision whether to appear on PORTING REQUIREMENTS WITH RE- ABILITY INCURRED IN THE POST-9/11 behalf of, and act as attorney for, the person SPECT TO ENFORCEMENT OF GLOBAL OPERATIONS PERIOD. on whose behalf the complaint is submitted; USERRA. Section 3105(d) is amended— and (a) DATE OF ANNUAL REPORTS.—Section (1) by striking ‘‘Unless the Secretary’’ and ‘‘(B) notify such person in writing of such 4332 is amended by striking ‘‘and no later all that follows through ‘‘the period of a pro- decision.’’. than February 1, 2005’’ and all that follows gram’’ and inserting ‘‘(1) Except as provided (2) NOTIFICATION BY SPECIAL COUNSEL.— through the ‘‘such February 1:’’ and insert- in paragraph (2), the period of a program’’; Subparagraph (B) of section 4324(a)(2) is ing ‘‘, transmit to Congress not later than and amended to read as follows: July 1 each year a report on matters for the (2) by adding at the end the following new ‘‘(B) Not later than 60 days after the date fiscal year ending in the year before the year paragraph: the Special Counsel receives a referral under in which such report is transmitted as fol- ‘‘(2)(A) The period of a program of inde- paragraph (1), the Special Counsel shall— lows:’’. pendent living services and assistance for a ‘‘(i) make a decision whether to represent (b) MODIFICATION OF ANNUAL REPORTS BY veteran under this chapter may exceed twen- a person before the Merit Systems Protec- SECRETARY.—Such section is further amend- ty-four months as follows: tion Board under subparagraph (A); and ed— ‘‘(i) If the Secretary determines that a ‘‘(ii) notify such person in writing of such (1) by striking ‘‘The Secretary shall’’ and longer period is necessary and likely to re- decision.’’. inserting ‘‘(a) ANNUAL REPORT BY SEC- sult in a substantial increase in the vet- (f) DEADLINES, STATUTES OF LIMITATIONS, RETARY.—The Secretary shall’’; eran’s level of independence in daily living. AND RELATED MATTERS.— (2) in paragraph (3), by inserting before the ‘‘(ii) If the veteran served on active duty (1) IN GENERAL.—Subchapter III of chapter period at the end the following: ‘‘and the during the Post-9/11 Global Operations period 43 is amended by adding at the end the fol- number of actions initiated by the Office of and has a severe disability (as determined by lowing new section: Special Counsel before the Merit Systems the Secretary for purposes of this clause) in- ‘‘§ 4327. Noncompliance of Federal officials Protection Board pursuant to section 4324 curred or aggravated in such service. with deadlines; inapplicability of statutes during such fiscal year’’; ‘‘(B) In this paragraph, the term ‘Post-9/11 of limitations (3) by redesignating paragraphs (6) and (7) Global Operations period’ means the period as paragraphs (9) and (10), respectively; ‘‘(a) EFFECT OF NONCOMPLIANCE OF FED- of the Persian Gulf War beginning on Sep- ERAL OFFICIALS WITH DEADLINES.—(1) The in- (4) by inserting after paragraph (5) the fol- tember 11, 2001, and ending on the date there- ability of the Secretary, the Attorney Gen- lowing new paragraph (8): after prescribed by Presidential proclama- eral, or the Special Counsel to comply with ‘‘(8) With respect to the cases reported on tion or by law.’’. a deadline applicable to such official under pursuant to paragraphs (1), (2), (3), (4), and SEC. 302. REFORM OF USERRA COMPLAINT PROC- section 4322, 4323, or 4324 of this title— (5) the number of such cases that involve ESS. ‘‘(A) shall not affect the authority of the persons with different occupations or persons (a) NOTIFICATION OF RIGHTS WITH RESPECT Attorney General or the Special Counsel to seeking different occupations, as designated TO COMPLAINTS.—Subsection (c) of section represent and file an action or submit a com- by the Standard Occupational Classification 4322 is amended to read as follows: plaint on behalf of a person under section System.’’. ‘‘(c)(1) Not later than five days after the (5) by redesignating paragraph (5) as para- Secretary receives a complaint submitted by 4323 or 4324 of this title; ‘‘(B) shall not affect the right of a person— graph (7); a person under subsection (a), the Secretary (6) by inserting after paragraph (4) the fol- shall notify such person in writing of his or ‘‘(i) to commence an action under section 4323 of this title; lowing new paragraphs (5) and (6): her rights with respect to such complaint ‘‘(5) The number of cases reviewed by the under this section and section 4323 or 4324, as ‘‘(ii) to submit a complaint under section 4324 of this title; or Secretary and the Secretary of Defense the case may be. through the National Committee for Em- ‘‘(2) The Secretary shall, upon request, pro- ‘‘(iii) to obtain any type of assistance or ployer Support of the Guard and Reserve of vide technical assistance to a potential relief authorized by this chapter; the Department of Defense that involve the claimant with respect to a complaint under ‘‘(C) shall not deprive a Federal court, the this subsection, and when appropriate, to Merit Systems Protection Board, or a State same person. such claimant’s employer.’’. court of jurisdiction over an action or com- ‘‘(6) With respect to the cases reported on (b) NOTIFICATION OF RESULTS OF INVESTIGA- plaint filed by the Attorney General, the pursuant to paragraphs (1), (2), (3), (4), and TION IN WRITING.—Subsection (e) of such sec- Special Counsel, or a person under section (5)— tion is amended by inserting ‘‘in writing’’ 4323 or 4324 of this title; and ‘‘(A) the number of such cases that involve after ‘‘submitted the complaint’’. ‘‘(D) shall not constitute a defense, includ- a disability-related issue; and (c) EXPEDITION OF ATTEMPTS TO INVES- ing a statute of limitations period, that any ‘‘(B) the number of such cases that involve TIGATE AND RESOLVE COMPLAINTS.—Section employer (including a State, a private em- a person who has a service-connected dis- 4322 is further amended— ployer, or a Federal executive agency) or the ability.’’; and (1) by redesignating subsection (f) as sub- Office of Personnel Management may raise (7) in paragraph (7), as redesignated by section (g); and in an action filed by the Attorney General, paragraph (5) of this subsection, by striking (2) by inserting after subsection (e) the fol- the Special Counsel, or a person under sec- ‘‘or (4)’’ and inserting ‘‘(4), or (5)’’. lowing new subsection (f): tion 4323 or 4324 of this title. (c) ADDITIONAL REPORTS.—Such section is ‘‘(f) Any action required by subsections (d) ‘‘(2) If the Secretary, the Attorney Gen- further amended by adding at the end the and (e) with respect to a complaint sub- eral, or the Special Counsel is unable to following new subsection: mitted by a person to the Secretary under meet a deadline applicable to such official in ‘‘(b) QUARTERLY REPORTS.— subsection (a) shall be completed by the Sec- section 4322(f), 4323(a)(1), 4323(a)(2), 4324(a)(1), ‘‘(1) QUARTERLY REPORT BY SECRETARY.— retary not later than 90 days after receipt of or 4324(a)(2)(B) of this title, and the person Not later than 30 days after the end of each such complaint.’’. agrees to an extension of time, the Sec- fiscal quarter, the Secretary shall submit to (d) EXPEDITION OF REFERRALS.— retary, the Attorney General, or the Special Congress, the Secretary of Defense, the At- (1) EXPEDITION OF REFERRALS TO ATTORNEY Counsel, as the case may be, shall complete torney General, and the Special Counsel a re- GENERAL.—Section 4323(a)(1) is amended by the required action within the additional pe- port setting forth, for the previous full quar- inserting ‘‘Not later than 60 days after the riod of time agreed to by the person. ter, the following: Secretary receives such a request with re- ‘‘(b) INAPPLICABILITY OF STATUTES OF LIMI- ‘‘(A) The number of cases for which the spect to a complaint, the Secretary shall TATIONS.—If any person seeks to file a com- Secretary did not meet the requirements of refer the complaint to the Attorney Gen- plaint or claim with the Secretary, the Merit section 4322(f) of this title. eral.’’ after ‘‘to the Attorney General.’’. Systems Protection Board, or a Federal or ‘‘(B) The number of cases for which the (2) EXPEDITION OF REFERRALS TO SPECIAL State court under this chapter alleging a Secretary received a request for a referral COUNSEL.—Section 4324(a)(1) is amended by violation of this chapter, there shall be no under paragraph (1) of section 4323(a) of this striking ‘‘The Secretary shall refer’’ and in- limit on the period for filing the complaint title but did not make such referral within serting ‘‘Not later than 60 days after the date or claim.’’. the time period required by such paragraph. the Secretary receives such a request, the (2) CLERICAL AMENDMENT.—The table of ‘‘(2) QUARTERLY REPORT BY ATTORNEY GEN- Secretary shall refer’’. sections at the beginning of chapter 43 is ERAL.—Not later than 30 days after the end (e) NOTIFICATION OF REPRESENTATION.— amended by inserting after the item relating of each fiscal quarter, the Attorney General (1) NOTIFICATION BY ATTORNEY GENERAL.— to section 4326 the following new item: shall submit to Congress, the Secretary, the Section 4323(a) is further amended— ‘‘4327. Noncompliance of Federal officials Secretary of Defense, and the Special Coun- (A) by redesignating paragraph (2) as para- with deadlines; inapplicability sel a report setting forth, for the previous graph (3); and of statutes of limitations.’’. full quarter, the number of cases for which

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the Attorney General received a referral ing for the human resources personnel of (b) MATTERS TO BE EXAMINED.—In con- under paragraph (1) of section 4323(a) of this such agency on the following: ducting the study required by subsection (a), title but did not meet the requirements of ‘‘(1) The rights, benefits, and obligations of the Secretary shall examine the following: paragraph (2) of section 4323(a) of this title members of the uniformed services under (1) Measures utilized in other disability for such referral. this chapter. systems in the United States, and in other ‘‘(3) QUARTERLY REPORT BY SPECIAL COUN- ‘‘(2) The application and administration of countries, to encourage completion of voca- SEL.—Not later than 30 days after the end of the requirements of this chapter by such tional rehabilitation by persons covered by each fiscal quarter, the Special Counsel shall agency with respect to such members. such systems. submit to Congress, the Secretary, the Sec- ‘‘(b) CONSULTATION.—The training provided (2) Any studies or survey data available to retary of Defense, and the Attorney General under subsection (a) shall be developed and the Secretary that relates to the matters a report setting forth, for the previous full provided in consultation with the Director of covered by the study. quarter, the number of cases for which the the Office of Personnel Management. (3) The extent to which disability com- Special Counsel received a referral under ‘‘(c) FREQUENCY.—The training under sub- pensation may be used as an incentive to en- paragraph (1) of section 4324(a) of this title section (a) shall be provided with such fre- courage veterans to undergo and complete but did not meet the requirements of para- quency as the Director of the Office of Per- vocational rehabilitation. graph (2)(B) of section 4324(a) of this title for sonnel Management shall specify in order to (4) The report of the Veterans’ Disability such referral.’’. ensure that the human resources personnel Benefits Commission established pursuant to (d) UNIFORM CATEGORIZATION OF DATA.— of Federal executive agencies are kept fully section 1501 of the National Defense Author- Such section is further amended by adding at and currently informed of the matters cov- ization Act of 2004 (38 U.S.C. 1101 note). the end the following new subsection: ered by the training. (5) The report of the President’s Commis- ‘‘(c) UNIFORM CATEGORIZATION OF DATA.— ‘‘(d) HUMAN RESOURCES PERSONNEL DE- sion on Care for America’s Returning The Secretary shall coordinate with the Sec- FINED.—In this section, the term ‘human re- Wounded Warriors. retary of Defense, the Attorney General, and sources personnel’, in the case of a Federal (6) Any other matters that the Secretary the Special Counsel to ensure that— executive agency, means any personnel of considers appropriate for purposes of the ‘‘(1) the information in the reports re- the agency who are authorized to rec- study. quired by this section is categorized in a uni- ommend, take, or approve any personnel ac- (c) CONSIDERATIONS.—In conducting the form way; and tion that is subject to the requirements of study required by subsection (a), the Sec- ‘‘(2) the Secretary, the Secretary of De- this chapter with respect to employees of the retary shall consider— fense, the Attorney General, and the Special agency.’’. (1) the extent to which bonus payments or Counsel each have electronic access to the (b) CLERICAL AMENDMENT.—The table of other incentives may be used to encourage case files reviewed under this chapter by the sections at the beginning of chapter 43 is veterans to complete their vocational reha- Secretary, the Secretary of Defense, the At- amended by adding at the end the following bilitation plans or otherwise achieve the vo- torney General, and the Special Counsel with new item: cational rehabilitation objectives of such due regard for the provisions of section 552a ‘‘4335. Training for Federal executive agency plans; and of title 5.’’. human resources personnel on (2) such other matters as the Secretary (e) COMPTROLLER GENERAL REPORT.—Not employment and reemployment considers appropriate. later than two years after the date of the en- rights and limitations.’’. (d) CONSULTATION.—In conducting the actment of this Act, the Comptroller General SEC. 305. REPORT ON THE EMPLOYMENT NEEDS study required by subsection (a), the Sec- of the United States shall submit to Con- OF NATIVE AMERICAN VETERANS retary— gress a report that contains the following: LIVING ON TRIBAL LANDS. (1) shall consult with such veterans and (1) An assessment of the reliability of the (a) REPORT.—Not later than December 1, military service organizations, and with data contained in the reports submitted 2009, the Secretary of Labor shall, in con- such other public and private organizations under subsection (b) of section 4332 of title sultation with the Secretary of Veterans Af- and individuals, as the Secretary considers 38, United States Code (as amended by sub- fairs and the Secretary of the Interior, sub- appropriate; and section (c) of this section), as of the date of mit to Congress a report assessing the em- (2) may employ consultants. such report. ployment needs of Native American (Amer- (e) REPORT.—Not later than 270 days after (2) An assessment of the timeliness of the ican Indian, Alaska Native, Native Hawaiian, the commencement of the study required by reports submitted under subsection (b) of and Pacific Islander) veterans living on trib- subsection (a), the Secretary shall submit to section 4332 of title 38, United States Code al lands, including Indian reservations, Alas- the Committee on Veterans’ Affairs of the (as so amended), as of such date. ka Native villages, and Hawaiian Home Senate and the Committee on Veterans’ Af- (3) The extent to which the Secretary of Lands. The report shall include— fairs of the House of Representatives a re- Labor is meeting the timeliness require- (1) a review of current and prior govern- port on the study. The report shall include ments of subsections (c)(1) and (f) of section ment-to-government relationships between the following: 4322 of title 38, United States Code (as tribal organizations and the Veterans’ Em- (1) The findings of the Secretary under the amended by section 302 of this Act), and sec- ployment and Training Service of the De- study. tion 4323(a)(1) of title 38, United States Code partment of Labor; and (2) Any recommendations that the Sec- (as so amended), as of the date of such re- (2) recommendations for improving em- retary considers appropriate for actions to port. ployment and job training opportunities for be taken by the Secretary in light of the (4) The extent to which the Attorney Gen- Native American veterans on tribal land, es- study, including a proposal for such legisla- eral is meeting the timeliness requirements pecially through the utilization of resources tive or administrative action as the Sec- of section 4323(a)(2) of title 38, United States for veterans. retary considers appropriate to implement Code (as amended by section 302 of this Act), (b) TRIBAL ORGANIZATION DEFINED.—In this the recommendations. as of the date of such report. section, the term ‘‘tribal organization’’ has Subtitle B—Education Matters (5) The extent to which the Special Counsel the meaning given such term in section 3765(4) of title 38, United States Code. SEC. 311. MODIFICATION OF PERIOD OF ELIGI- is meeting the timeliness requirements of BILITY FOR SURVIVORS’ AND DE- section 4324(a)(2)(B) of title 38, United States SEC. 306. REPORT ON MEASURES TO ASSIST AND PENDENTS’ EDUCATIONAL ASSIST- Code (as amended by section 302 of this Act), ENCOURAGE VETERANS IN COM- ANCE OF CERTAIN SPOUSES OF IN- as of the date of such report. PLETING VOCATIONAL REHABILITA- DIVIDUALS WITH SERVICE-CON- (f) EFFECTIVE DATE.—The amendments TION. NECTED DISABILITIES TOTAL AND made by this section shall apply with respect (a) STUDY REQUIRED.—The Secretary of PERMANENT IN NATURE. to each report required under section 4332 of Veterans Affairs shall conduct a study on Section 3512(b)(1) is amended— title 38, United States Code (as amended by measures to assist and encourage veterans in (1) in subparagraph (A), by striking ‘‘sub- this section), after the date of the enactment completing vocational rehabilitation. The paragraph (B) or (C)’’ and inserting ‘‘sub- of this Act. study shall include an identification of the paragraph (B), (C), or (D)’’; and SEC. 304. TRAINING FOR EXECUTIVE BRANCH following: (2) by adding at the end the following new HUMAN RESOURCES PERSONNEL ON (1) The various factors that may prevent or subparagraph: EMPLOYMENT AND REEMPLOYMENT preclude veterans from completing their vo- ‘‘(D) Notwithstanding subparagraph (A), an RIGHTS OF MEMBERS OF THE UNI- cational rehabilitation plans through the De- eligible person referred to in that subpara- FORMED SERVICES. partment of Veterans Affairs or otherwise graph who is made eligible under section (a) TRAINING REQUIRED.—Subchapter IV of achieving the vocational rehabilitation ob- 3501(a)(1)(D)(i) of this title by reason of a chapter 43 is amended by adding at the end jectives of such plans. service-connected disability that was deter- the following new section: (2) The actions to be taken by the Sec- mined to be a total disability permanent in ‘‘§ 4335. Training for Federal executive agen- retary to assist and encourage veterans in nature not later than three years after dis- cy human resources personnel on employ- overcoming the factors identified in para- charge from service may be afforded edu- ment and reemployment rights and limita- graph (1) and in otherwise completing their cational assistance under this chapter during tions vocational rehabilitation plans or achieving the 20-year period beginning on the date the ‘‘(a) TRAINING REQUIRED.—The head of each the vocational rehabilitation objectives of disability was so determined to be a total Federal executive agency shall provide train- such plans. disability permanent in nature, but only if

VerDate Mar 15 2010 22:10 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\2008SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8888 CONGRESSIONAL RECORD — SENATE September 16, 2008 the eligible person remains the spouse of the SEC. 402. PROTECTION OF PRIVACY AND SECU- by striking ‘‘paragraph (2) of subsection (c)’’ disabled person throughout the period.’’. RITY CONCERNS IN COURT and inserting ‘‘paragraph (1)(A)(i) or (2) of RECORDS. subsection (c)’’. SEC. 312. REPEAL OF REQUIREMENT FOR RE- Section 7268 is amended by adding at the PORT TO THE SECRETARY OF VET- (3) PAY DURING PERIOD OF RECALL.—Sub- ERANS AFFAIRS ON PRIOR TRAIN- end the following new subsection: section (d) of section 7257 is amended to read ING. ‘‘(c)(1) The Court shall prescribe rules, in as follows: accordance with section 7264(a) of this title, Section 3676(c)(4) is amended by striking ‘‘(d)(1) The pay of a recall-eligible retired to protect privacy and security concerns re- ‘‘and the Secretary’’. judge to whom section 7296(c)(1)(B) of this lating to all filing of documents and the pub- title applies is the pay specified in that sec- SEC. 313. MODIFICATION OF WAITING PERIOD BE- lic availability under this subsection of doc- FORE AFFIRMATION OF ENROLL- tion. uments retained by the Court or filed elec- MENT IN A CORRESPONDENCE ‘‘(2) A judge who is recalled under this sec- COURSE. tronically with the Court. ‘‘(2) The rules prescribed under paragraph tion who retired under chapter 83 or 84 of Section 3686(b) is amended by striking title 5 or to whom section 7296(c)(1)(A) of this ‘‘ten’’ and inserting ‘‘five’’. (1) shall be consistent to the extent practicable with rules addressing privacy and se- title applies shall be paid, during the period SEC. 314. CHANGE OF PROGRAMS OF EDUCATION curity issues throughout the Federal courts. for which the judge serves in recall status, AT THE SAME EDUCATIONAL INSTI- ‘‘(3) The rules prescribed under paragraph pay at the rate of pay in effect under section TUTION. (1) shall take into consideration best prac- 7253(e) of this title for a judge performing ac- Section 3691(d) is amended— tices in Federal and State courts to protect tive service, less the amount of the judge’s (1) by redesignating paragraphs (1), (2), (3), private information or otherwise maintain annuity under the applicable provisions of and (4) as subparagraphs (A), (B), (C), and necessary information security.’’. chapter 83 or 84 of title 5 or the judge’s annu- (D), respectively; ity under section 7296(c)(1)(A) of this title, SEC. 403. RECALL OF RETIRED JUDGES OF THE (2) by inserting ‘‘(1)’’ after ‘‘(d)’’; UNITED STATES COURT OF APPEALS whichever is applicable.’’. (3) in subparagraph (C) of paragraph (1), as FOR VETERANS CLAIMS. (4) NOTICE.—The last sentence of section redesignated by paragraphs (1) and (2) of this (a) REPEAL OF LIMIT ON SERVICE OF RE- 7257(a)(1) is amended to read as follows: section, by striking ‘‘or’’ at the end; CALLED RETIRED JUDGES WHO VOLUNTARILY ‘‘Such a notice provided by a retired judge to (4) in subparagraph (D) of paragraph (1), as SERVE MORE THAN 90 DAYS.—Section whom section 7296(c)(1)(B) of this title ap- so redesignated, by striking the period at the 7257(b)(2) is amended by striking ‘‘or for plies is irrevocable.’’. end and inserting ‘‘; or’’; and more than a total of 180 days (or the equiva- (c) LIMITATION ON INVOLUNTARY RECALLS.— (5) by adding at the end the following: lent) during any calendar year’’. Section 7257(b)(3) is amended by adding at ‘‘(E) the change from the program to an- (b) NEW JUDGES RECALLED AFTER RETIRE- the end the following new sentence: ‘‘This other program is at the same educational in- MENT RECEIVE PAY OF CURRENT JUDGES ONLY paragraph shall not apply to a judge to stitution and such educational institution DURING PERIOD OF RECALL.— whom section 7296(c)(1)(A) or 7296(c)(1)(B) of determines that the new program is suitable (1) IN GENERAL.—Section 7296(c) is amended this title applies and who has, in the aggre- to the aptitudes, interests, and abilities of by striking paragraph (1) and inserting the gate, served at least five years of recalled the veteran or eligible person and certifies to following new paragraph: service on the Court under this section.’’. the Secretary the enrollment of the veteran ‘‘(1)(A) A judge who is appointed on or SEC. 404. ANNUAL REPORTS ON WORKLOAD OF or eligible person in the new program. after the date of the enactment of the Vet- THE UNITED STATES COURT OF AP- ‘‘(2) A veteran or eligible person under- erans’ Benefits Improvement Act of 2008 and PEALS FOR VETERANS CLAIMS. going a change from one program of edu- who retires under subsection (b) and elects (a) IN GENERAL.—Subchapter III of chapter cation to another program of education as under subsection (d) to receive retired pay 72 is amended by adding at the end the fol- described in paragraph (1)(E) shall not be re- under this subsection shall (except as pro- lowing new section: quired to apply to the Secretary for approval vided in paragraph (2)) receive retired pay as of such change.’’. follows: ‘‘§7288. Annual report SEC. 315. REPEAL OF CERTIFICATION REQUIRE- ‘‘(i) In the case of a judge who is a recall- ‘‘(a) IN GENERAL.—The chief judge of the MENT WITH RESPECT TO APPLICA- eligible retired judge under section 7257 of Court shall submit to the appropriate com- TIONS FOR APPROVAL OF SELF-EM- this title, the retired pay of the judge shall mittees of Congress each year a report sum- PLOYMENT ON-JOB TRAINING. (subject to section 7257(d)(2) of this title) be marizing the workload of the Court for the Section 3677(b) is amended by adding at the the rate of pay applicable to that judge at fiscal year ending during the preceding year. end the following new paragraph: the time of retirement, as adjusted from ‘‘(b) ELEMENTS.—Each report under sub- ‘‘(3) The requirement for certification time to time under subsection (f)(3). section (a) shall include, with respect to the under paragraph (1) shall not apply to train- ‘‘(ii) In the case of a judge other than a re- fiscal year covered by such report, the fol- ing described in section 3452(e)(2) of this call-eligible retired judge, the retired pay of lowing information: title.’’. the judge shall be the rate of pay applicable ‘‘(1) The number of appeals filed with the Subtitle C—Other Matters to that judge at the time of retirement. Court. ‘‘(B) A judge who retired before the date of ‘‘(2) The number of petitions filed with the SEC. 321. DESIGNATION OF THE OFFICE OF the enactment of the Veterans’ Benefits Im- Court. SMALL BUSINESS PROGRAMS OF provement Act of 2008 and elected under sub- ‘‘(3) The number of applications filed with THE DEPARTMENT OF VETERANS AFFAIRS. section (d) to receive retired pay under this the Court under section 2412 of title 28. subsection, or a judge who retires under sub- ‘‘(4) The total number of dispositions by (a) DESIGNATION.—The Office of Small Business Programs of the Department of section (b) and elects under subsection (d) to each of the following: Veterans Affairs is the office that is estab- receive retired pay under this subsection, ‘‘(A) The Court as a whole. lished within the Office of the Secretary of shall (except as provided in paragraph (2)) re- ‘‘(B) The Clerk of the Court. Veterans Affairs under section 15(k) of the ceive retired pay as follows: ‘‘(C) A single judge of the Court. Small Business Act (15 U.S.C. 644(k)). ‘‘(i) In the case of a judge who is a recall- ‘‘(D) A multi-judge panel of the Court. eligible retired judge under section 7257 of ‘‘(E) The full Court. (b) HEAD.—The Director of Small Business this title or who was a recall-eligible retired ‘‘(5) The number of each type of disposition Programs is the head of the Office of Small judge under that section and was removed by the Court, including settlement, affirma- Business Programs of the Department of from recall status under subsection (b)(4) of tion, remand, vacation, dismissal, reversal, Veterans Affairs. that section by reason of disability, the re- grant, and denial. TITLE IV—COURT MATTERS tired pay of the judge shall be the pay of a ‘‘(6) The median time from filing an appeal SEC. 401. TEMPORARY INCREASE IN NUMBER OF judge of the court. to disposition by each of the following: AUTHORIZED JUDGES OF THE ‘‘(ii) In the case of a judge who at the time ‘‘(A) The Court as a whole. UNITED STATES COURT OF APPEALS of retirement did not provide notice under ‘‘(B) The Clerk of the Court. FOR VETERANS CLAIMS. section 7257 of this title of availability for ‘‘(C) A single judge of the Court. Section 7253 is amended by adding at the service in a recalled status, the retired pay ‘‘(D) Multiple judges of the Court (includ- end the following new subsection: of the judge shall be the rate of pay applica- ing a multi-judge panel of the Court or the ‘‘(i) ADDITIONAL TEMPORARY EXPANSION OF ble to that judge at the time of retirement. full Court). COURT.—(1) Subject to paragraph (2), effec- ‘‘(iii) In the case of a judge who was a re- ‘‘(7) The median time from filing a petition tive as of December 31, 2009, the authorized call-eligible retired judge under section 7257 to disposition by the Court. number of judges of the Court specified in of this title and was removed from recall sta- ‘‘(8) The median time from filing an appli- subsection (a) is increased by two. tus under subsection (b)(3) of that section, cation under section 2412 of title 28 to dis- ‘‘(2) Effective as of January 1, 2013, an ap- the retired pay of the judge shall be the pay position by the Court. pointment may not be made to the Court if of the judge at the time of the removal from ‘‘(9) The median time from the completion the appointment would result in there being recall status.’’. of briefing requirements by the parties to more judges of the Court than the authorized (2) COST-OF-LIVING ADJUSTMENT FOR RE- disposition by the Court. number of judges of the Court specified in TIRED PAY OF NEW JUDGES WHO ARE RECALL- ‘‘(10) The number of oral arguments before subsection (a).’’. ELIGIBLE.—Section 7296(f)(3)(A) is amended the Court.

VerDate Mar 15 2010 22:10 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\2008SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 16, 2008 CONGRESSIONAL RECORD — SENATE S8889 ‘‘(11) The number of cases appealed to the (1) the Committee on Armed Services and (2) by inserting after paragraph (2) the fol- United States Court of Appeals for the Fed- the Committee on Veterans’ Affairs of the lowing new paragraph (3): eral Circuit. Senate; and ‘‘(3) The Secretary of Veterans Affairs may ‘‘(12) The number and status of appeals and (2) the Committee on Armed Services and suspend or terminate an action by the Sec- petitions pending with the Court and of ap- the Committee on Veterans’ Affairs of the retary under subsection (a) to collect a claim plications described in paragraph (3) as of House of Representatives. against the estate of a person who died while the end of such fiscal year. SEC. 502. TREATMENT OF STILLBORN CHILDREN serving on active duty as a member of the ‘‘(13) The number of cases pending with the AS INSURABLE DEPENDENTS UNDER Army, Navy, Air Force, Marine Corps, or Court more than 18 months as of the end of SERVICEMEMBERS’ GROUP LIFE IN- Coast Guard during a period when the Coast such fiscal year. SURANCE. Guard is operating as a service in the Navy ‘‘(14) A summary of any service performed (a) TREATMENT.—Section 1965(10) is amend- if the Secretary determines that, under the for the Court by a recalled retired judge of ed by adding at the end the following new circumstances applicable with respect to the the Court. subparagraph: deceased person, it is appropriate to do so.’’. ‘‘(15) An assessment of the workload of ‘‘(C) The member’s stillborn child.’’. (b) EQUITABLE REFUND OF AMOUNTS COL- each judge of the Court, including consider- (b) CONFORMING AMENDMENT.—Section LECTED.—The Secretary of Veterans Affairs ation of the following: 101(4)(A) is amended by striking ‘‘section may refund to the estate of such person any ‘‘(A) The time required of each judge for 1965(10)(B)’’ in the matter preceding clause amount collected by the Secretary (whether disposition of each type of case. (i) and inserting ‘‘subparagraph (B) or (C) of before, on, or after the date of the enactment ‘‘(B) The number of cases reviewed by the section 1965(10)’’. of this Act) from a person who died while Court. SEC. 503. OTHER ENHANCEMENTS OF serving on active duty as a member of the ‘‘(C) The average workload of other Fed- SERVICEMEMBERS’ GROUP LIFE IN- Armed Forces if the Secretary determines SURANCE COVERAGE. eral judges. that, under the circumstances applicable (a) EXPANSION OF SERVICEMEMBERS’ GROUP ‘‘(c) APPROPRIATE COMMITTEES OF CON- with respect to the deceased person, it is ap- LIFE INSURANCE TO INCLUDE CERTAIN MEM- GRESS DEFINED.—In this section, the term propriate to do so. BERS OF INDIVIDUAL READY RESERVE.— ‘appropriate committees of Congress’ SEC. 602. MEMORIAL HEADSTONES AND MARK- means— (1) IN GENERAL.—Section 1967(a)(1)(C) is ERS FOR DECEASED REMARRIED ‘‘(1) the Committee on Veterans’ Affairs of amended by striking ‘‘section 1965(5)(B) of SURVIVING SPOUSES OF VETERANS. the Senate; and this title’’ and inserting ‘‘subparagraph (B) (a) IN GENERAL.—Section 2306(b)(4)(B) is ‘‘(2) the Committee on Veterans’ Affairs of or (C) of section 1965(5) of this title’’. amended by striking ‘‘an unremarried sur- the House of Representatives.’’. (2) CONFORMING AMENDMENTS.— viving spouse whose subsequent remarriage (b) CLERICAL AMENDMENT.—The table of (A) Section 1967(a)(5)(C) is amended by was terminated by death or divorce’’ and in- sections at the beginning of chapter 72 is striking ‘‘section 1965(5)(B) of this title’’ and serting ‘‘a surviving spouse who had a subse- amended by inserting after the item related inserting ‘‘subparagraph (B) or (C) of section quent remarriage’’. to section 7287 the following new item: 1965(5) of this title’’; and (b) EFFECTIVE DATE.—The amendment ‘‘7288. Annual report.’’. (B) Section 1969(g)(1)(B) is amended by made by this section shall apply to deaths striking ‘‘section 1965(5)(B) of this title’’ and occurring on or after the date of the enact- TITLE V—INSURANCE MATTERS inserting ‘‘subparagraph (B) or (C) of section ment of this Act. SEC. 501. REPORT ON INCLUSION OF SEVERE 1965(5) of this title’’. SEC. 603. THREE-YEAR EXTENSION OF AUTHOR- AND ACUTE POST TRAUMATIC (b) REDUCTION IN PERIOD OF DEPENDENTS’ ITY TO CARRY OUT INCOME STRESS DISORDER AMONG CONDI- VERIFICATION. TIONS COVERED BY TRAUMATIC IN- COVERAGE AFTER MEMBER SEPARATES.—Sec- JURY PROTECTION COVERAGE tion 1968(a)(5)(B)(ii) is amended by striking Section 5317(g) is amended by striking UNDER SERVICEMEMBERS’ GROUP ‘‘120 days after’’. ‘‘September 30, 2008’’ and inserting ‘‘Sep- LIFE INSURANCE. (c) AUTHORITY TO SET PREMIUMS FOR tember 30, 2011’’. (a) REPORT REQUIRED.—Not later than 180 READY RESERVISTS’ SPOUSES.—Section SEC. 604. THREE-YEAR EXTENSION OF TEM- days after the date of the enactment of this 1969(g)(1)(B) is amended by striking ‘‘(which PORARY AUTHORITY FOR THE PER- Act, the Secretary of Veterans Affairs shall, shall be the same for all such members)’’. FORMANCE OF MEDICAL DISABILITY in consultation with the Secretary of De- (d) FORFEITURE OF VETERANS’ GROUP LIFE EXAMINATIONS BY CONTRACT PHY- fense, submit to the appropriate committees INSURANCE.—Section 1973 is amended by SICIANS. of Congress a report setting forth the assess- striking ‘‘under this subchapter’’ and insert- Section 704(c) of the Veterans Benefits Act ment of the Secretary of Veterans Affairs as ing ‘‘and Veterans’ Group Life Insurance of 2003 (Public Law 108–183; 117 Stat. 2651; 38 to the feasability and advisability of includ- under this subchapter’’. U.S.C. 5101 note) is amended by striking ‘‘De- ing severe and acute Post Traumatic Stress (e) EFFECTIVE AND APPLICABILITY DATES.— cember 31, 2009’’ and inserting ‘‘December 31, Disorder (PTSD) among the conditions cov- (1) The amendments made by subsection 2012’’. ered by traumatic injury protection coverage (a) shall take effect on the date of the enact- The title was amended so as to read: under Servicemembers’ Group Life Insurance ment of this Act. A Bill to amend title 38, United States under section 1980A of title 38, United States (2) The amendment made by subsection (b) Code, to improve and enhance compensation Code. shall apply with respect to Servicemembers’ and pension, housing, labor and education, (b) CONSIDERATIONS.—In preparing the as- Group Life Insurance coverage for an insur- and insurance benefits for veterans, and for sessment required by subsection (a), the Sec- able dependent of a member, as defined in other purposes. retary of Veterans Affairs shall consider the section 1965(10) of title 38, United States f following: Code (as amended by section 502 of this Act), (1) The advisability of providing traumatic that begins on or after the date of the enact- CONGRATULATING LATVIA ON injury protection coverage under ment of this Act. 90TH ANNIVERSARY OF DEC- Servicemembers’ Group Life Insurance under (3) The amendment made by subsection (c) LARATION OF INDEPENDENCE section 1980A of title 38, United States Code, shall take effect as if enacted on June 5, 2001, for Post Traumatic Stress Disorder incurred immediately after the enactment of the Vet- Mr. LEVIN. Mr. President, I ask by a member of the Armed Forces as a direct erans’ Survivor Benefits Improvements Act unanimous consent that the Com- result of military service in a combat zone of 2001 (Public Law 107–14; 115 Stat. 25). mittee on Foreign Relations be dis- that renders the member unable to carry out (4) The amendment made by subsection (d) charged from further consideration of the daily activities of living after the mem- shall apply with respect to any act of mu- S. Con. Res. 87, and that the Senate ber is discharged or released from military tiny, treason, spying, or desertion com- then proceed to its immediate consid- service. mitted on or after the date of the enactment (2) The unique circumstances of military eration. of this Act for which a person is found The PRESIDING OFFICER. Without service, and the unique experiences of mem- guilty, or with respect to refusal because of bers of the Armed Forces who are deployed conscientious objections to perform service objection, it is so ordered. The clerk to a combat zone. in, or to wear the uniform of, the Armed will report the concurrent resolution (3) Any financial strain incurred by family Forces on or after the date of the enactment by title. members of members of the Armed Forces of this Act. The legislative clerk read as follows: who suffer severe and acute from Post Trau- TITLE VI—OTHER MATTERS A concurrent resolution (S. Con. Res. 87) matic Stress Disorder. congratulating the Republic of Latvia on the SEC. 601. AUTHORITY FOR SUSPENSION OR TER- (4) The recovery time, and any particular MINATION OF CLAIMS OF THE 90th anniversary of its declaration of inde- difficulty of the recovery process, for recov- UNITED STATES AGAINST INDIVID- pendence. ery from severe and acute Post Traumatic UALS WHO DIED WHILE SERVING ON There being no objection, the Senate Stress Disorder. ACTIVE DUTY IN THE ARMED proceeded to consider the concurrent (5) Such other matters as the Secretary FORCES. considers appropriate. (a) AUTHORITY.—Section 3711(f) of title 31, resolution. (c) APPROPRIATE COMMITTEES OF CONGRESS United States Code, is amended— Mr. LEVIN. Mr. President, I further DEFINED.—In this section, the term ‘‘appro- (1) by redesignating paragraph (3) as para- ask unanimous consent that the con- priate committees of Congress’’ means— graph (4); and current resolution be agreed to, the

VerDate Mar 15 2010 22:10 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\2008SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8890 CONGRESSIONAL RECORD — SENATE September 16, 2008 preamble be agreed to, the motions to Whereas, in 1998, the United States and the ORDERS FOR WEDNESDAY, reconsider be laid upon the table, with three Baltic nations signed the U.S.-Baltic SEPTEMBER 17, 2008 no intervening action or debate, and Charter of Partnership, an expression of the Mr. LEVIN. Mr. President, I ask any statements relating to the meas- importance of the Baltic Sea region to United States interests; unanimous consent that when the Sen- ure be printed in the RECORD. Whereas the 109th Congress resolved (S. ate completes its business today, it The PRESIDING OFFICER. Without Con. Res. 35 and H. Res. 28) that ‘‘it is the stand adjourned until 9:30 a.m. tomor- objection, it is so ordered. sense of Congress that the Government of row, Wednesday, September 17; that The concurrent resolution (S. Con. the Russian Federation should issue a clear following the prayer and pledge, the Res. 87) was agreed to. and unambiguous statement of admission The preamble was agreed to. and condemnation of the illegal occupation Journal of proceedings be approved to The concurrent resolution, with its and annexation by the Soviet Union from date, the morning hour be deemed ex- preamble, reads as follows: 1940 to 1991 of the Baltic countries of Esto- pired, the time for the two leaders be nia, Latvia and Lithuania, the consequences reserved for their use later in the day, S. CON. RES. 87 of which will be a significant increase in and the Senate proceed to a period of Whereas, on November 18, 1918, in the City good will among the affected people’’; morning business for up to 1 hour, with of Riga, the members of the People’s Council Whereas Latvia has successfully developed proclaimed Latvia a free, democratic, and as a free and democratic country, ensured Senators permitted to speak therein sovereign nation; the rule of law, and developed a free market for up to 10 minutes each, with the Whereas, on July 24, 1922, the United economy; time equally divided and controlled be- States formally recognized Latvia as an Whereas the Government of Latvia has tween the two leaders or their des- independent and sovereign nation; constantly pursued a course of integration of ignees, with the majority controlling Whereas Latvia existed for 21 years as an that country into the community of free and independent and sovereign nation and a fully the first half and the Republicans con- democratic nations, becoming a full and re- trolling the second half; that following recognized member of the League of Nations; sponsible member of the United Nations, the Whereas Latvia maintained friendly and Organization for Security and Cooperation in morning business, the Senate resume stable relations with its neighbors, including Europe, the European Union, and the North consideration of S. 3001, the National the Soviet Union, during its independence, Atlantic Treaty Organization; Defense Authorization Act; further, without any border disputes; Whereas the people of Latvia cherish the that all time in adjournment, recess, Whereas Latvia concluded several peace principles of political freedom, human treaties and protocols with the Soviet Union, and morning business count rights, and independence; and postcloture. including a peace treaty signed on August 11, Whereas Latvia is a strong and loyal ally 1920, under which the Soviet Union ‘‘unre- of the United States, and the people of Lat- The PRESIDING OFFICER. Without servedly recognize[d] the independence and via share common values with the people of objection, it is so ordered. sovereignty of the Latvian State and forever the United States: Now, therefore, be it renounce[d] all sovereign rights . . . over the Resolved by the Senate (the House of Rep- Latvian people and territory’’; f resentatives concurring), That Congress— Whereas, despite friendly and mutually (1) congratulates the people of Latvia on productive relations between Latvia and the the occasion of the 90th anniversary of that PROGRAM Soviet Union, on August 23, 1939, Nazi Ger- many and the Soviet Union signed the Molo- country’s November 18, 1918, declaration of Mr. LEVIN. Mr. President, cloture independence; tov-Ribbentrop Pact, which contained a se- was invoked this afternoon and the cret protocol assigning Latvia, Estonia, and (2) commends the Government of Latvia for its success in implementing political and managers of the bill continue to work Lithuania to the Soviet sphere of influence; through filed amendments. We expect Whereas, under the cover of the Molotov- economic reforms, for establishing political, Ribbentrop Pact, on June 17, 1940, Latvia, religious and economic freedom, and for its to complete action on the Defense au- Estonia, and Lithuania were forcibly incor- strong commitment to human and civil thorization bill during tomorrow’s ses- porated into the Soviet Union in violation of rights; sion and rollcall votes are possible pre-existing peace treaties; (3) recognizes the common goals and throughout the day. Whereas the Soviet Union imposed upon shared values of the people of Estonia, Lat- the people of Estonia, Latvia, and Lithuania via, and Lithuania, the close and friendly re- a communist political system that stifled lations and ties of the three Baltic countries f civil dissent, free political expression, and with one other, and their tragic history in the last century under the Nazi and Soviet basic human rights; ADJOURNMENT UNTIL 9:30 A.M. occupations; Whereas the United States never recog- TOMORROW nized this illegal and forcible occupation, (4) calls on the President to issue a procla- and successive United States presidents mation congratulating the people of Latvia Mr. LEVIN. If there is no further maintained continuous diplomatic relations on the 90th anniversary of the declaration of business to come before the Senate, I with these countries throughout the Soviet Latvia’s independence on November 18, 1918; (5) respectfully requests the President to ask unanimous consent that it stand occupation, never accepting them to be ‘‘So- adjourned under the previous order. viet Republics’’; congratulate the Government of Latvia for Whereas, during the 50 years of Soviet oc- its commitment to democracy, a free market There being no objection, the Senate, cupation of the Baltic states, Congress economy, human rights, the rule of law, par- at 6:51 p.m., adjourned until Wednes- strongly, consistently, and on a bipartisan ticipation in a wide range of international day, September 17, 2008, at 9:30 a.m. basis supported a United States policy of structures, and security cooperation with legal non-recognition; the United States Government; and Whereas, in 1953, the congressionally-es- (6) calls on the President and Secretary of f tablished Kersten Commission investigated State to urge the Government of the Russian the incorporation of Latvia, Estonia, and Federation to acknowledge that the Soviet NOMINATIONS Lithuania into the Soviet Union and deter- occupation of Latvia, Estonia, and Lithuania mined that the Soviet Union had illegally under the Molotov-Ribbentrop Pact and for Executive nominations received by and forcibly occupied and annexed the Baltic the succeeding 51 years was illegal. the Senate: countries; DEPARTMENT OF STATE Whereas, in 1982, and for the next nine f years until the Baltic countries regained BILL NELSON, OF FLORIDA, TO BE A REPRESENTATIVE OF THE UNITED STATES OF AMERICA TO THE SIXTY- their independence, Congress annually SIGNING AUTHORITY—S. 3406 THIRD SESSION OF THE GENERAL ASSEMBLY OF THE adopted a Baltic Freedom Day resolution de- UNITED NATIONS. nouncing the Molotov-Ribbentrop Pact and Mr. LEVIN. Mr. President, I ask BOB CORKER, OF TENNESSEE, TO BE A REPRESENTA- TIVE OF THE UNITED STATES OF AMERICA TO THE appealing for the freedom of the Baltic coun- unanimous consent that Senator HAR- SIXTY-THIRD SESSION OF THE GENERAL ASSEMBLY OF tries; KIN be authorized to sign the duly en- THE UNITED NATIONS. Whereas, in 1991, Latvia, Estonia, and ANTHONY H. GIOIA, OF NEW YORK, TO BE A REP- rolled copy of S. 3406, a bill to restore RESENTATIVE OF THE UNITED STATES OF AMERICA TO Lithuania regained their de facto independ- the intent and protections of the Amer- THE SIXTY-THIRD SESSION OF THE GENERAL ASSEMBLY ence and were quickly recognized by the OF THE UNITED NATIONS. United States and by almost every other icans With Disabilities Act of 1990. KAREN ELLIOTT HOUSE, OF NEW JERSEY, TO BE AN AL- The PRESIDING OFFICER. Without TERNATE REPRESENTATIVE OF THE UNITED STATES OF country in the world, including the Soviet AMERICA TO THE SIXTY-THIRD SESSION OF THE GEN- Union; objection, it is so ordered. ERAL ASSEMBLY OF THE UNITED NATIONS.

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NATIONAL FOUNDATION ON THE ARTS AND THE To be major JASON C. CHRISTENSON STEPHEN L. CHRISTIAN HUMANITIES D0000 ERIC P. CHRISTIANSEN, JR. MARC S. CICHOWICZ JAMES W. CEASER, OF VIRGINIA, TO BE A MEMBER OF THE FOLLOWING OFFICERS FOR REGULAR APPOINT- ADAM D. CLARK THE NATIONAL COUNCIL ON THE HUMANITIES FOR A MENT IN THE GRADE INDICATED IN THE UNITED STATES TERM EXPIRING JANUARY 26, 2014, VICE CELESTE ARMY MEDICAL SPECIALIST CORPS UNDER TITLE 10, WILLIAM J. CLARK COLGAN, TERM EXPIRED. U.S.C., SECTIONS 531 AND 3064: ERIC S. CLARKE JARED L. CLINGER THE JUDICIARY To be major ANDY R. CLINKSCALES MICHAEL P. COBB ALFRED S. IRVING, JR., OF THE DISTRICT OF COLUM- D0000 FRANKIE C. COCHIAOSUE BIA, TO BE AN ASSOCIATE JUDGE OF THE SUPERIOR D0000 COURT OF THE DISTRICT OF COLUMBIA FOR THE TERM KIM M. COHEN OF FIFTEEN YEARS, VICE MARY ANN GOODEN TERRELL, THE FOLLOWING OFFICERS FOR REGULAR APPOINT- ADAM J. COLLINS RETIRED. MENT IN THE GRADE INDICATED IN THE UNITED STATES CLAIRE COLLINS ARMY UNDER TITLE 10, U.S.C., SECTION 531: JULIO COLONGONZALEZ IN THE COAST GUARD DAVID B. COOK To be major JAMES D. COOK THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT RICHARD M. CORPUZ TO THE GRADE INDICATED IN THE UNITED STATES D0000 BRIAN M. COZINE COAST GUARD RESERVE UNDER TITLE 10, U.S.C., SECTION D0000 D0000 MICHAEL L. CRIBB, JR. 12203: D0000 DANA E. CROW To be captain D0000 STEPHEN M. CROW D0000 ANTHONY R. CRUTCHFIELD ROBERT P. BRANC D0000 LANCE J. CULVER PETER D. CONLEY D0000 ELIZABETH H. CURTIS BRETT A. CONTENT D0000 IVAN W. DACRES, JR. STEVEN J. CRAIG D0000 JOHN Q. DANG SCOTT E. DOUGLASS D0000 PAUL R. DAVIS MICHAEL K. HART D0000 RANDALL E. DAVIS, JR. DONALD W. JILLSON D0000 WILLIAM D. DAVIS JOHN KOEPPEN D0000 JUSTIN E. DAY RONALD J. KRAEMER D0000 JEAN A. DEAKYNE MARILEA A. LLOYD D0000 SAUL D. DECKER ANDREW S. MCKINLEY D0000 ROBERT T. NEWTON D0000 VICTOR M. DIAZ III CHARLES E. POLK D0000 TIFFINEY R. DIMERY STEVEN H. POPE D0000 MICHAEL D. DOLGE ALAN L. REAGAN BRIAN T. DONAHUE SCOTT D. SCHAEFER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JOHN C. DOSS CHRISTOPHER E. SCHAFFER TO THE GRADE INDICATED IN THE UNITED STATES ARMY ANTHONY E. DOUGLAS HEKMAT D. TAMIMIE UNDER TITLE 10, U.S.C., SECTION 624: EMANUEL M. DUDLEY To be major GERALD J. DUENAS IN THE ARMY THERESA L. ELLISON JONATHAN S. ACKISS STACY M. ENYEART THE FOLLOWING NAMED ARMY NATIONAL GUARD OF LEUILA S. ALAIMALEATA ANDREA M. ESCOFFERY THE UNITED STATES OFFICER FOR APPOINTMENT TO CORNELIUS L. ALLEN, JR. PATRICK C. EVANS THE GRADE INDICATED IN THE RESERVE OF THE ARMY JONATHAN E. ALLEN CHARLEY R. FANIEL UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: REGAN J. ALLEN BRYAN J. FENCL To be colonel LUIS F. ALVAREZ GREGORY A. FEND MATTHEW S. ARBOGAST KIMBERLY A. FERGUSON JONATHAN E. KRAFT REGINALD F. ARMSTRONG DAWN M. FICK SHAWNE P. ARMSTRONG ALAIN G. FISHER THE FOLLOWING OFFICER FOR REGULAR APPOINT- ROBERT A. ARROYO MARC J. FLEURANT MENT IN THE GRADE INDICATED IN THE UNITED STATES HELEN M. AUSTIN CASSANDRA N. FORRESTER ARMY DENTAL CORPS UNDER TITLE 10, U.S.C., SECTIONS HOOKER C. AVERY CHRISTOPHER L. FOSTER 531 AND 3064: ALEXANDER C. BABINGTON MISTI L. FRODYMA To be colonel YANCY R. BAER JAMES K. GADOURY ANDREW A. BAIR ALEX M. GALESI D0000 JACQUELINE E. BAIRD OMAR GARCIA KAREN A. BAKER ROSADO A. GARCIA THE FOLLOWING NAMED ARMY NATIONAL GUARD OF PATRICK J. BAKER VINCENTE GARCIA THE UNITED STATES OFFICERS FOR APPOINTMENT TO JACKSON L. BALL GRETCHEN J. GARDNER THE GRADE INDICATED IN THE RESERVE OF THE ARMY THERON P. BALLARD UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: ANNETTE L. GARRETT JEROME K. BARNARD WILLIAM A. GARRIS To be colonel TIMOTHY J. BARRETT CHAE GAYLES CHRISTOPHER P. BARTOS JAMES J. GEISHAKER PHILIP W. GAY RICHARD T. BASYE JUSTIN R. GERKEN VIRGINIA A. KRAUSHAAR NAYDA C. BATES MATTHEW E. GILLESPIE THOMAS E. LANGUIRAND NICOLE D. BEAVERS ERIN M. GILLIAM MARK A. LITZ JONATHAN A. BECK TENNILLE L. GLADDEN MICHAEL C. MAFFEI PAUL B. BEDNAR MATTHEW M. GOMEZ TIMOTHY N. THOMBLESON JOEY R. BEDOYA ANDREW E. GONZALEZ BRYAN V. BELLAMY THE FOLLOWING OFFICER FOR REGULAR APPOINT- MARIO A. GONZALEZGONZALEZ JOSE V. BERCEDONI ERIC M. GOULDTHORPE MENT IN THE GRADE INDICATED IN THE UNITED STATES JASON A. BERDOU ARMY MEDICAL CORPS UNDER TITLE 10, U.S.C., SECTIONS ROBYN A. GRAHAM MARIA S. BERGER JOSEPH A. GRANDE, JR. 531 AND 3064: DANIEL J. BIDETTI MIRANDA E. GRAVEL WALTER M. BIELECKI To be lieutenant colonel RHEA M. GREAVES JAVIER F. BILBAO JESSIE K. GRIFFITH III CATRINA M. BLAIR D0000 ADAM M. GRIM RON L. BLANCH ROBERT P. GRIMMING THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BRYAN A. BLITCH CHARLES G. GRISWOLD III TO THE GRADE INDICATED IN THE UNITED STATES ARMY DANGELO A. BLOUNT DOUGLAS B. GUARD UNDER TITLE 10, U.S.C., SECTIONS 624: JAMES E. BLUMAN DANIEL E. GUNTER THOMAS R. BOLAND TO Be lieutenant colonel STEVEN D. GUTIERREZ PAUL M. BONANO THOMAS W. HAAS TYRONE P. CRABB FREEMAN T. BONNETTE CHARLES E. HALL JOSEPH M. BOROVICKA THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT PETER C. BOYER TODD C. HANKS TO THE GRADE INDICATED IN THE UNITED STATES ARMY NIKEA M. BRAME ANDRELL J. HARDY UNDER TITLE 10, U.S.C., SECTION 624: RAYMOND D. BRAND KEVIN M. HARRIS TROY C. BRANNON DARREN W. HASSE To be lieutenant colonel JEFFREY M. BRASHEAR JASON J. HAUSER JERROD E. HAWK MICHAEL M. KING BERNITA F. BRIGGS MICHAEL T. HEALY ROBIN L. WADE MEGAN A. BROGDEN HANNAH HEISHMAN BRADLEY C. WARE KENNETH P. BROPHY HENRY C. BROWN SCOTT E. HELMORE THE FOLLOWING OFFICERS FOR REGULAR APPOINT- NOREEN A. BROWN TRACIE M. HENRYNEILL MENT IN THE GRADES INDICATED IN THE UNITED JEREMY BRUNET SERELDA L. HERBIN STATES ARMY MEDICAL SERVICE CORPS UNDER TITLE MIRYAM D. BRUNSON BROOK E. HESS 10, U.S.C., SECTIONS 531 AND 3064: JEFFREY M. BURNETT RONTARIO S. HICKS SAMUEL A. BURNS LUCAS S. HIGHTOWER To be lieutenant colonel PAUL F. BUSHEY CHRISTOPHER M. HILL WILLIAM S. HOLLANDER III D0000 WILLIAM H. BUTLER SIDNEY F. BYRNE, JR. DAVID L. HOSLER To be major PETER A. CAGGIANO II JOHN A. HOTEK SHAWN M. CALVERT CATHERINE C. HOWARD D0000 MARK CAP CHRISTOPHER S. HOWSER D0000 JOSIEL CARRASQUILLOMORALES LONNIE R. HUSKEY D0000 NICOLE M. CASAMASSIMA ANGELA B. HYSON THE FOLLOWING OFFICER FOR REGULAR APPOINT- YONG S. CHANG JEFFREY J. IGNATOWSKI MENT IN THE GRADE INDICATED IN THE UNITED STATES PATRICK A. CHAVEZ SEAN P. IMBS ARMY VETERINARY CORPS UNDER TITLE 10, U.S.C., SEC- MARTIN J. CHEMAN DONNA L. INGRAM TIONS 531 AND 3064: MICHAEL C. CHERRY JEFFREY J. JABLONSKI

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JOHN E. JACKSON MUNIZ E. OTERO DERRICK L. TOLBERT JAMES M. JACOBSON AARON M. OWENS JOSE A. TOLLINCHI CHARLES T. JAGGER KRISTOPHER K. PABOTOY ANDREW J. TONG ANGELA M. JAMES JOHN PADGETT MIGUEL A. TORRES SABRINA S. JAMESHENRY ROSENDO PAGAN TOMISHA A. TOSON CHARLES V. JAQUILLARD PHILBERT J. PALMORE ANDRE L. TOUSSAINT SEANA M. JARDIN ROBERT M. PARK KEVIN J. TRAMONTE CHRISTOPHER D. JOHNSON PETER A. PATTERSON ANITA R. TREPANIER DONNA J. JOHNSON MATTHEW C. PAUL GEORGE TRONCOSO LARRY P. JOHNSON KESHA N. PEARSON TIMOTHY S. TROYER PAUL D. JOHNSTON CURTIS S. PERKINS THOMAS J. TROYN DAVID W. JONES WILLIAM C. PERKINS LEILANI M. TYDINGCO LEAH N. JONES HENRY PERRY III DENNIS J. UTT RONALD M. JONES ANTHONY J. PETE CHARLES R. VALENTINE VERNON L. JONES, JR. KEVIN D. PIERCE BERNARD D. VANBROCKLIN MICHAEL T. JORDAN TARA C. PIERCE EARL D. VEGAFRIA MOTT J. KAEO MARTIN P. PLYS, JR. JOHN L. VELARDE, JR. JENNIFER S. KARIM KEVIN A. POOLE JANELLE V. VERBECK MICHAEL D. KAUL DEWUANA L. POPE WILLIAM H. VICK, JR. DOMINIQUE R. KEITH EUGENE T. PORTER ADRIAN J. VIELHAUER, JR. SEAN P. KELLY PHILLIP B. POTEET LAMAR WAGNER MICHAEL T. KERN KENDRICK R. POWELL CLAUDE E. WALKER SPENCER R. KERR STEVEN POWER DAMON K. WALKER MATTHEW R. KERSHNER ELIZABETH M. POWERS BARRY L. WALSH, JR. MICHAEL T. KIM RICHARD A. PRAUSA CENTRELL A. WATSON TROY K. KING JOHN K. PRICE STEPHEN R. WEBSTER WAYNE M. KINNEY MATTHEW A. PRICE JEREMY H. WEESTRAND BRIAN M. KNIERIEM INGRID R. PRIVETTE RANDALL T. WEISER STEPHEN T. KOEHLER ANTIONETTE N. PULLEY MATTHEW W. WELCH CODY W. KOERWITZ GRETA A. RAILSBACK KWANE E. WELCHER ROBERT A. KONOPKA, JR. ANDRES R. RAMIREZ III JESSE R. WENTWORTH II ANDREW T. KOSCHNIK ELDRED K. RAMTAHAL MATTHEW R. WESTERN WILLIAM R. KOST DORIS L. RAWLS BRIDGET A. WETZLER THOMAS D. KRUPP JOSE L. RAYAESCUTIA STEPHANIE R. WHITE MATTHEW L. KUHNS PETER M. RAYLS ANTHONY K. WHITFIELD GENGHIS K. KUO TRACIA T. REED THOMAS J. WHITLOW ARMANDO R. KUPPINGER JASON L. RENNARD JOSEPH B. WILKERSON WESLEY J. KWASNEY JON O. REYES SONDRA L. WILKERSON WILLIAM E. LAASE LUKE RICHARDS KENNETH A. WILLEFORD HEATHER D. LABRECQUE SEAN R. RICHARDSON DENNIS F. WILLIAMS JAMES J. LACARIA MICHAEL K. RILEY LARITA R. WILLIAMS GERALD M. LACROSS JAMES R. RITCH TERRENCE A. WILLIAMS JUAN C. LAGO GEOVANNI S. RIVERA MICHAEL S. WILLS TANZIE R. LANDRYMCGEE BENJAMIN L. RIX ANTHONY L. WILSON BARRCARY J. LANE DOMINGOS S. ROBINSON GORDON L. WILSON MARVA R. LANE LILLIAN A. ROBINSON JERORD E. WILSON TYRONNE G. LASTRAPES, JR. VIRGIL G. ROBITZSCH JOHNNY L. WILSON JONG U. LEE MICHAEL C. RODOCKER KEITH WILSON MARK W. LEE LEON L. ROGERS JOSEPH B. WOOLSEY JOEL K. LEFLORE ORLANDO R. ROJASBANREY MELVIN E. WRIGHTSIL ROBERT W. LENTNER III GEORGE W. ROLLINSON MICHAEL D. WROBLEWSKI MATTHEW S. LINEHAN GILBERTO C. ROLON JENNIFER R. ZAIS TERRY C. LITTLEJOHN ANGEL R. ROSADOPADILLA MICHEAL A. ZWEIFEL INGRID J. LLANES JOSEPH L. ROSEN D0000 CARLOS A. LOCK CHRISTOPHER M. ROZHON D0000 JAMES T. LOCKLEAR RANEE J. RUBIO HEATHER J. LOPEZ DINA D. RUCK THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MATTHEW J. LOVELL ANDREW M. RUIZ TO THE GRADE INDICATED IN THE UNITED STATES ARMY CHRISTOPHER LOWERY THOMAS H. RUTH III UNDER TITLE 10, U.S.C., SECTION 624: JAMES J. LUCOWITZ, JR. WALIYYUDDIN SABARI To be major JEFFREY L. LUCOWITZ JOHN V. SALLING THOMAS R. LUTZ SHAWN D. SANBORN STEPHEN L. ADAMSON IAN J. LYNCH GINA D. SANNICOLAS JOHN J. AGNELLO HEATHER J. MACE MICHAEL A. SANSONE JOHN M. AGUILAR, JR. BRIAN W. MACK DONALD C. SANTILLO TAMMY L. AGUILAR PAUL B. MADDEN NATHAN R. SAWYER MATTHEW J. ALDEN CARMELO T. MADERA JOHN M. SCHMITT ROBERT E. ALLEN STEPHEN MAGNER PATRICK M. SCHOOF SHAWANDA D. AMERSON PATRICK M. MAJOR WILLIAM S. SCHUYLER, JR. JOSEPH E. ANDERSON ANTHONY P. MARANTE RYAN A. SCHWANKHART JAKUB H. ANDREWS JESSE R. MARSALIS LANGSTON L. SCOTT II KEVIN T. ASHWORTH JASON W. MARSHALL JAVIER SEPULVEDATORRES LANCE D. AWBREY ANGELICA R. MARTINEZ DONALD E. SHAWLEY, JR. CHARLES R. AYERS KATIE E. MATTHEW ROBERT E. SHEFNER THOMAS A. BABBITT ROLAND L. MATTHEWS DENNIS L. SHELDEN DUANE L. BAILEY SYBILY M. MAXAMROGERS ERIC L. SHEPHERD DARBY S. BAIRD ANGELA C. MAXWELLBORGES MICHAEL B. SHERIDAN JASON L. BALLINGER STANLEY C. MAYNARD JASON L. SHICK MICHAEL J. BANCROFT ASUERO N. MAYO, JR. JESSICA A. SHUEY PAUL T. BARBER MARLON MCBRIDE SAMSON T. SIDER TODD E. BAUMGARTEL MICHAEL A. MCBRIDE BRUCE A. SKRABANEK ALBERT E. BEHNKE GWENDOLYN A. MCCALL ALLEN M. SLITER CRAIG R. BENDER JESSICA M. MCCALL ADAM D. SMITH MICHAEL J. BENNETT RICHARD C. MCCONICO JEREMY D. SMITH JOSEPH E. BERG SHANNON T. MCCRORY SCOTT A. SMITSON DONYA T. BEST JENNIFER MCDONOUGH JOHN K. SNYDER ROBERT B. BEZDUCH STEPHEN P. MCGOWAN KIMBERLY A. SORENSON WAYNE L. BLAS MATTHEW J. MCGRAW JASON R. SOUZA THOMAS J. BLOOMFIELD CHRISTOPHER S. MCLEAN NICHOLAS T. SPORINSKY TODD A. BOOK BRETT M. MEDLIN PIERRE A. SPRATT CRYSTAL X. BORING JONATHAN W. MEISEL SHANNON V. STAMBERSKY DAVID M. BORNN CARLOS R. MENDEZ NATASHA N. STANDARD BRETT J. BOSTON ANDREW J. MEYERS DANIEL R. STANTON III DAVID F. BOWERS JASON L. MILES ERIN M. STEWART SHAWN A. BOYER MARVIN B. MILLAR LEWIS STEWART III LEO F. BRENNAN III SAMUEL R. MILLER RONALD H. STEWART, JR. ANASTASIA BRESLOWKYNASTON ZACHARY T. MILLER JEFFREY R. STRAUSS ROBERT E. BREWER JEFF R. MILNE JOHN B. STRINGER, JR. SCOTT A. BRONIKOWSKI ROGER C. MIRANDA LISA C. STUBBLEFIELDPEAK DONALD K. BROOKS JOHN G. MISENHEIMER, JR. MARTIN L. STUFFLEBEAM BYRON J. BROWN DAVID A. MITCHELL PATRICK C. STURGILL STEPHEN S. BROWN KEITH C. MIXON THOMAS B. TABAKA WILLIAM C. BROWN, JR. JERRY R. MIZE DOMINIC J. TANGLAO TROY A. BUPP FAMARLON L. MOBLEY ALLEN D. TAPLEY TANYA L. BURKE KATHLEEN M. MOFFATT BRECK A. TARR JASON E. BURNS LOVE L. MOODY DAVID L. TAYLOR, JR. DANIEL G. BUSH CHRISTOPHER L. MOORE FRANYATE D. TAYLOR MALCOLM S. BUSH RICHARD B. MOORE TROY W. TEMPLE MICHAEL V. BUSH SHANE A. MORRIS PAUL D. TEMPLETON KEVIN K. CARLILE MICHAEL E. MORRISON MICHAEL J. TESS WILLIAM E. CARRUTH WALLACE K. MYERS III MICHAEL J. THIESFELD CHRISTOPHER R. CARSON NINA L. NEWELL HELEN A. THOMAS CHRISTOPHER L. CASE RANDALL W. NEWMAN DAVID L. THOMPSON SUSAN A. CASTORINA MICHELLE D. NHAMBURE LORAY THOMPSON EDWARD M. CERER KYLE A. NODA STEPHEN A. THORPE SCOTT T. CHILDERS DAVID N. NORMAND JOHN S. THYNG CHRISTOPHER C. CHISHOLM SHAWN M. OBRIEN ALVIN E. TILLEY, JR. MELVIN A. CHISOLM

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JASMIN S. CHO CHARLES F. HARMON III DANIEL P. MILO JOSEPH C. CHRETIEN WILLIAM E. HARRAH, JR. ANGEL I. MIRANDA KOURT N. CLARKE DOUGLAS J. HARRIS BOUNYASITH MITTHIVONG TIMOTHY M. CLAUSS EDD D. HARRISON, JR. STACEY L. MOLETT CHRISTOPHER L. CLINE READUS HARTON III LILLIAN L. MONGAN SEAN P. COAKLEY DENISE R. HATCHER TYPHANIE Y. MONTEMAYOR RICHARD N. COBLE, JR. TOWYANGER J. HATCHER WILLIAM C. MOODY JASON R. CODY BRIAN G. HAYES CYNTHIA L. MOORE CLAYTON P. COLEMAN BRIAN P. HAYES CHRISTOPHER T. MORGAN CRAIG C. COLUCCI CHARLES D. HAYES SCOTT M. MORGAN JENNIFER J. COLVIN DAVID C. HAZELTON LOUIS A. MORRIS JOSHUA J. CONNER ANTON J. HEDRICK TIMOTHY J. MORROW JUSTIN D. CONSIDINE ELIZABETH J. HELLAND LOUIS P. NAGEL KATHERINE A. COOK ALEXCIE A. HERBERT JASON M. NAGY STEPHEN F. CORTEZ EDWARD J. HERNANDEZ, JR. GREGORY W. NAPOLI JAMES A. COVINGTON, JR. SCOTT A. HERZOG MICHAEL P. NEEDHAM GEOFFREY B. CRAFTS DOUGLAS C. HESS JUAN C. NEGRON THERESA K. CROSS DUSTIN G. HEUMPHREUS DAVID L. NEWELL EDWIN D. CRUZ KAREN B. HILL HAC D. NGUYEN MICHAEL E. CUSHWA ULEKEYA S. HILL JACOB P. NINAS JOHN H. DABOLT IV HEATHER A. HILLS MARGARET A. NOWICKI RICHARD J. DANGELO NATASHA M. HINDS ROBERT A. NOWICKI BRIAN L. DAVID DAIGO HIRAYAMA JASON P. NUNNERY DAVID P. DAVID CHRISTOPHER L. HOBACK DAVID P. OAKLEY RICHARD A. DAVILA, JR. CHRISTOPHER S. HOBGOOD TIMOTHY S. OBRYANT BRIAN R. DAVIS BRADLEY S. HOBSON MARK A. OGLES DENNIS C. DAVIS JAMES M. HOFFMAN II IRVIN W. OLIVER, JR. HEYWARD H. DAVIS JARED A. HOFFMAN ELLIOT H. OLMSTEAD CHAD W. DEBOS HANS W. HOGAN CRAIG T. OLSON JOHN S. DELONG, JR. WILLIAM A. HOLCOMBE MICHAEL T. OMEARA RAYMOND G. DELUCIO THOMAS M. HOOPER FELICIA D. ONEAL ANDREW C. DERMANOSKI IAN M. HOWARD JULIE A. OPYD BRENDON K. DEVER JAMES E. HOWELL III EDWARD ORTIZVAZQUEZ INDIRA R. DONEGAN STEPHEN E. HUNT, JR. JAMON B. OSBORNE JULIA M. DONLEY TIMOTHY A. HUNT YAQUI M. OSELEN RICHARD A. DORCHAK, JR. TOD D. HUNTER MARIBEL OSTERGAARD NICOLE H. DORN SCOTT A. HUTCHINSON STERLING J. PACKER MICHAEL B. DORSCHNER ZACHARY P. HYLEMAN ROMEL C. PAJIMULA MATT G. DORSEY SEIVIRAK INSON RAFAL PANASIUK JONATHAN T. DRAKE ZACHARY T. IRVINE KERI A. PASQUINI ROBERT J. DUNLAP LASHAUNDA R. JACKSON ROBERT G. PATTERSON, JR. BRIAN P. DUNN ANDREW J. JASKOLSKI GREGORY J. PAVLICHKO CHANTAL A. DUPUIS ERNEST H. JENKINS MATTHEW G. PECK DENTON L. DYE MATTHEW R. JENSEN JAY D. PELLERIN AMY J. EASTBURG CHRISTOPHER L. JOHNSON CARLOS PENA, JR. ANDREW D. ECKLUND CRAIG W. JOHNSON NICHOLAS W. PENNOLA KATHERINE C. ECKLUND KESTER L. JOHNSON ROBERT C. PERRY, JR. HEINZ EDER LONNIE D. JOHNSTON FOLDEN L. PETERSON, JR. ORM E. EL DREVON M. JONES ERNEST S. PETROWSKY LAWRENCE S. EMMER RAIN M. JONES PHAY B. PHROMMANY JAMES R. ENOS BRYAN G. JUNTUNEN ROBERT R. PIETRAFESA DARIUS D. ERVIN BRANT E. KANANEN JOSEPH W. PIOTROWSKI DEVIN H. ESELIUS JAY L. KAUFMAN BRIAN J. PLATT JEFFREY R. ESSIG KRISTY E. KELLY MICHAEL A. POE LEE A. EVANS ROY D. KEMPF JOHN F. POPIAK REGINALD K. EVANS TOMA KIM JEREMIAH K. PRAY NEIL C. EVERINGHAM BRADLEY G. KITTINGER CHRISTOPHER A. PRESSLEY JASON M. FAVERO GARY J. KLEIN DAVID J. PRICE CEDRIC L. FELTON STEVEN N. KOBAYASHI JEFFREY A. PROKOPOWICZ BENJAMIN J. FERNANDES KENNETH S. KONDO, JR. CARRIE L. PRZELSKI RYAN D. FERRELL ADAM M. KORDISH MANUEL F. PULIDO JEFFREY C. FERRO ANDREW M. KOVANEN GEORGE C. RANDOLPH, JR. ANTHONY M. FIELDS, JR. SETH W. KOZAK ANGELA E. REBER JASON C. FINCH JUSTINE S. KRUMM JAMES A. REECE MICHAEL A. FINDLAY THOMAS J. KUCIK JOHN M. REEDER J K. FINK, JR. REBEKAH L. KURTZWEIL KEVIN T. REEVES JAMES C. FINOCCHIARO KRISTOFER H. KVAM BLANCA E. REYES JENNIFER J. FISHER VINCENT C. LAI GILBERTO M. REYES DANIEL R. FITCH JEFFREY J. LAKNER ISMAEL REYES GREGORY B. FITCH KYLE W. LANDS STEVEN R. REYNNELLS STANLEY FLORKOWSKI PATRICK J. LANE MARK G. RIEVES NORA L. FLOTT JOHN S. LANGFORD KEVIN T. RILEY CARL E. FOSTER III JAMES F. LAWSON MELISSA A. RINGHISEN ERIC S. FOWLER MICHAEL E. LAWSON BART C. RITCHEY GRAHAM M. FOX THANH V. LE BRENDA F. RIVASSANDOVAL JAMES M. FREDERICK PATRICK Y. LEE ANDRE G. RIVIER DION FREEMAN PAUL B. LEMIEUX KILLAURIN O. ROBERTS WILLIAM A. FROBE LASHADA Q. LEWIS MATTHEW U. ROBERTSON BRIAN D. FRULAND CONWAY LIN KEVIN D. ROBINSON, JR. CHAD W. FURNE DAWN C. LONGWILL THEODORE M. RODILL, JR. SUSAN M. GALICH MICHAEL D. LOVE MICHAEL P. ROGOWSKI LUIS A. GARCIA ROBERT C. LOVEJOY JOSEPH A. ROMAN KEVIN W. GARFIELD CHRISTOPHER J. LOWRANCE TIMOTHY J. ROOT JOSEPH L. GAWLIK QUAN H. LU BRADLEY S. RUDDER MICHELLE R. GEORGE POLARIS X. LUU CYRUS K. RUSS WILLIAM L. GETTIG THANG V. LY KENNETH J. RUTKA, JR. HEATH A. GIESECKE MINH H. MA MICHAEL S. RYAN KEITH M. GIESEKE CAMILLE L. MACK JIMMY C. SALAZAR EVANS L. GILLIARD PAUL L. MAHER BENJAMIN F. SANGSTER STEPHANIE E. GILLOGLY NATHAN M. MANN ROBERTO J. SANTIAGO CONNIE D. GLAZE PHILLIP G. MANN HERIBERTO SANTIAGOACEVEDO KELLY D. GLEASON KYLE B. MARCRUM DAVID N. SANTOS ANDREW C. GODDARD ERIC J. MARION DONALD W. SAPP STACY H. GODSHALL JOHN B. MARLEY MICHAEL A. SAPP DAVID M. GOHLICH TIMOTHY B. MARLOWE RACHEL E. SARLES STAN L. GOLIGOSKI ALEXANDER MARRONE ASSLAN SAYYAR JASON A. GONZALES STEPHEN M. MARSHALL KENNETH A. SCERBO NATHAN K. GOODALL NATHAN D. MARTIN JOSEPH E. SCHAEFER JOSEPH C. GOODELL DAVID W. MAYFIELD JEFF F. SCHROEDER AARON S. GORRIE MICHAEL C. MAYS LLOYD D. SCOTT TEDD L. GOTH BRIAN A. MCCALL NELSON L. SEARS CASON S. GREEN KYLE R. MCCANN TERESA L. SELPH DANIEL S. GREEN CHRISTOPHER S. MCCLURE CARLOS R. SEPULVEDATORRES KEVIN L. GRIMES KEVIN J. MCCULLAGH NEERAJ SETHI JOHN C. GRISWOLD MICHAEL E. MCINERNEY MICHAEL B. SHATTAN MATTHEW A. GROB JOHNNY R. MCKINNON RYAN L. SHAW BRIAN GUENTHENSPBERGER SHAWN P. MCMAHON JOHN W. SHERMER ERIC H. HAAS SEAN D. MCMANUS DAVID A. SHWIFF JASON B. HAIGHT PATRICK B. MCNEACE GUS SIETTAS ROCKY A. HALEY TIMOTHY T. MEASNER JAMES A. SINK TAMIKA S. HALEY THOMAS H. MELTON II DENNIS B. SLATON ROBERT E. HALL MARC T. MEYLE TERRY W. SLAYBAUGH SCOTT P. HANDLER ROBERT Y. MIHARA DAVID J. SMITH JOHN J. HANES JANIS C. MIKITS SAMUEL P. SMITH, JR. DAVID B. HANSEN CHRISTOPHER J. MILLER HOWARD M. SMYTH LEIF A. HANSEN ERIC W. MILLER JAYSON R. SPANGLER EDMOND A. HARDY RICHARD S. MILLS II DARREN A. SPAULDING

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ROBERT J. SPIVEY WILLIAM I. ARNOLD, JR. DAVID S. COLLINS GEOFFROY E. ST GAL DE PONS SHERYL O. ATTILEE XAVIER COLON ANTHONY M. STAFFORD CHRISTOPHER J. AUGUSTINE CHRISTOPHER A. COLSTER SCOTT K. STAGNER CHRISTOPHER J. AUGUSTINE CLAYTON L. COMBS JULIAN P. STAMPS JOHN M. AUTEN III JAVIER A. CONCHA STEFFANIE STEELHAMMER JASON B. AVERY MICHAEL R. CONDON SORIN A. STEREA RUBEN D. AYALA KRISTINA L. CONNELLY JOHN C. STILLWELL VICTOR M. BAEZAN III JOSEPH F. CONNOLLY III GREGORY V. STONE MARC R. BAILEY DREW R. CONOVER ROBERT W. STRACK ANDREW J. BAKER GARY M. CONWAY CECIL A. STRICKLAND JOHN L. BAKER, JR. CHRISTINA N. COOK BRADLEY N. STROUP REGAN M. BALDWIN JAMES P. COOK TROY L. SULLENS MICHAEL L. BANDY RUSSELL M. CORWIN MINDEE L. SUMMERS SCOTT H. BARBER WILLIAM F. CORYELL JORDON E. SWAIN JEROME A. BARBOUR STEVEN M. COSTON JOHN SYERS KEITH A. BARCLAY KEVIN M. COYNE MONA A. TANNER CHRISTOPHER M. BARLOW JONATHAN W. CRAIG DAVID O. TAYLOR RICHARD K. BARNES JOYCE C. CRAIG JANINE T. TAYLOR AARON D. BARREDA JARED A. CRAIN TIMOTHY R. TAYLOR JEFFREY J. BARTA WILLIAM T. CRAVEN WILLIAM C. TAYLOR DAVID P. BARTULA JOSEPH A. CREA, JR. MICHAEL J. TEMKO BENJAMIN E. BATES ROBERT H. CREASON JASON L. THOMAS MARK E. BATTJES TOMMY L. CRIBBS MATTHEW J. THOMAS RICHARD E. BAYLIE MARK J. CROW LESLIE W. THOMPSON TROY J. BEATTIE RODNEY W. CRUSOE RACHEL J. THORNE STEVEN P. BEAUDOIN AUSTIN S. CRUZ JOSEF THRASH III RICHARD V. BEEVERS BRENDAN J. CULLINAN ALAN W. THROOP JONATHAN T. BELMONT AARON J. CULP STANLEY O. THURSTON DANIEL K. BENSON CLINT H. CUNNINGHAM ANTHONY L. TINGLE JOSEPH E. BENSON JAMES E. CURLEE, JR. STEVEN L. TINGLEY MICHAEL R. BERRIMAN JOE D. CURTIS THOMAS E. TOLMAN JOSHUA P. BERRYHILL KURT J. CYR ROBERT S. TOMPKINS ANTHONY J. BIANCHI KRISTEN N. DAHLE CATARINA J. TRAN TIMOTHY C. BIDDLE JACOB P. DALTON JOSHUA P. TRIGO JOHN BINKLEY DERRICK T. DANIELS DAVID D. TURNER ELLIOTT J. BIRD TODD M. DANIELS WILLIAM E. TURNER LOUIS L. BIRDWELL III CLEMENT J. DANISH JAMES A. UMBARGER JOHN D. BISHOP KENNETH R. DARNALL JEFFREY B. VANSICKLE WILFRED M. BISSON ARNEL P. DAVID KEITH S. VANYO RHETT A. BLACKMON ROBERT E. DAVIDSON JOE A. VARGAS SCOTT R. BLANCHARD HENRY B. DAVIS IV ALEXANDER S. VINDMAN PATRICK D. BLANKENSHIP IAN S. DAVIS CHARLES S. VORES WINN S. BLANTON JOHN B. DAVIS III DAN R. WALKER, JR. RICHARD J. BLOCK JOSEPH P. DAVIS WAYNE B. WALL II CRAIG A. BLOW MATTHEW R. DAVIS KEITH W. WALTHALL ERNEST R. BOATNER VICTOR D. DEESE MARK E. WARDER JEFFREY A. BOGAERTS LEE F. DEJESUSRIVERA JOSEPH B. WARING, JR. EVERETT R. BOGLE CHRISTOPHER J. DEMURE ALAN R. WARMBIER ANTHONY M. BONARTI, JR. MICHAEL C. DENEHY JASON W. WARREN MICHAEL J. BOUSSELOT DEREK J. DENNY NATHANIAL E. WATSON CHARLES D. BOVEY III PAUL L. DENSON DENNIS D. WATTERS, JR. MARTIN J. BOWLING TERRANCE D. DEUEL JAMES R. WEARE KEVIN B. BOWMAN ETHAN P. DIAL KEITH B. WEIDNER VICTOR E. BOWMAN PABLO F. DIAZ JAMES W. WELCH DEL P. BOYER JEFFREY P. DIMARZIO KARLA J. WENNINGER JERRY L. BRADLEY, JR. ETHAN J. DIVEN AARON C. WENTWORTH JAMES J. BRADY, JR. AARON B. DIXON BRIAN S. WESTERFIELD MATTHEW F. BRADY STEPHEN G. DOBBINS SHAWN E. WHITMORE RICHARD E. BRATTON III THOMAS P. DONATELLE JARROD P. WICKLINE JEFFREY T. BRAUN PATRICK A. DOUGLAS EARMON C. WILCHER III WAYNE R. BRIGGS GABRIEL R. DOWNEY II JAMES M. WILES AARON D. BRIGHT EDWARD M. DOWNS, JR. PAUL M. WILLIAMS JAMES B. BRINDLE SEAN W. DOYNE NORMAN L. WILSON II MICHAEL A. BROCK JASON R. DUNKELBERGER LISA L. WINEGAR MICHAEL D. BROMUND ANN M. DUNSCOMBE CAROLYN A. WOOD NICOLE A. BROOKS DAMON J. DURALL JEFFERY A. WOOD KEVIN W. BROWN KENNETH M. DWYER CLIFFORD M. WOODBURN MATTHEW M. BROWN SCOTT M. DYKES KENNETH T. WOODS NATHAN S. BROWN PHILLIP L. EALY CHRISTOPHER L. WOOLDRIDGE SONJA L. BRUCE ERIC R. EAST DELVIN WOOLRIDGEJONES JOSEPH G. BRUHL CHRISTOPHER I. EASTBURG DONOVAN WRIGHT MARK A. BRZOZOWSKI STEVEN O. EASTMAN, JR. WILLIAM C. WRIGHT TROY C. BUCHER CECIL A. EDWARDS JOHN R. WYATT NICHOLAS T. BUGAJSKI RAYMOND K. EDWARDS JOSEPH A. YOUNG DERRICK T. BURDEN SAMUEL G. EDWARDS MICHAEL T. YOUNG WILLIAM BURDEN JONATHAN G. ELIAS WILLIAM T. YOUNG REED A. BURGGRABE AARON C. ELLIOTT DANIEL W. ZANDER KEVIN BURKE ROBERT L. ELLIOTT DOUGLAS W. ZIMMERMAN LANCE K. BURNSIDE CHRISTOPHER M. ELLIS YANCEY S. ZINKON JEFFERY T. BURROUGHS JOSEPH E. ELSNER RICHARD D. ZUBECK DAVID J. BURSAC DANIEL C. ENSLEN D0000 AARON P. BUSH MICHAEL E. ENTREKIN D0000 MICHAEL J. BUSTOS ERIK A. ENYART D0000 CRAIG W. BUTERA CHARLES E. ERGENBRIGHT D0000 KARL R. BUTLER CRAIG L. EVANS D0000 KEVIN A. CABLE CHARLES G. FAGERQUIST D0000 MURPHY A. CAINE FRANK J. FAIR D0000 CHAD W. CALDWELL BRIAN M. FARRELL X0000 PEDRO A. CAMACHO III JENNIFER C. FARRELL X0000 BRYAN W. CAMPBELL CORY D. FASS X0000 JENNIFER L. CANNAN DENNIS W. FAULKNER X0000 CHARLES H. CANON BRIAN B. FAYE X0000 ANGEL M. CAREY BRIAN M. FECTEAU X0000 CHRISTOPHER D. CARPENTIER BRIAN A. FERGUSON KEITH L. CARTER TIMOTHY J. FERGUSON THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JOHANNES E. CASTRO JOHN V. FERRY TO THE GRADE INDICATED IN THE UNITED STATES ARMY LARRY D. CASWELL, JR. JAMES M. FEW UNDER TITLE 10, U.S.C., SECTION 624: ABIGAIL A. CATHELINEAUD PLEAS B. FIELDS To be major MARK A. CHANDLER RICHARD M. FIERRO HUGH L. CHARLESWALTERS MICHAEL C. FIRMIN MATTHEW T. ADAMCZYK JUBERT J. CHAVEZ JAMES E. FISCHER DEVON F. ADKINSON, JR. DONALD L. CHERRY, JR. JAMES D. FITZGERALD RYAN P. AHRENDT WILLIAM D. CHESHER ERIC L. FLADIE MATTHEW J. ALBERTUS GEORGE E. CHITTENDEN III LAREN V. FLEMING GREGORY K. ALEXANDER MATTHEW B. CHITTY GREGORIO H. FLORES, JR. NATHAN G. ALLARD LAURENCE J. CHRISTIAN JUDDSON C. FLORIS KELLY T. ALLEN WILLIAM L. CHRISTOPHER ADAM J. FLORKOWSKI II MARK R. ALLEN DAVID A. CIESZYNSKI DAVID A. FLOWERS RAMON W. ALMODOVAR JEREMY J. CLARK MICHAEL J. FOOTE TERRENCE J. ALVAREZ IAN R. CLAXTON CHARLES A. FORD JUSTIN C. AMBURGEY STEVEN D. CLAY MICHAEL J. FORTENBERRY JARED J. AMORE STEPHEN L. CLOWER DAVID E. FOSTER SPENCER M. ANDERSON CHRISTOPHER H. CLYDE ROBERT L. FOSTER OKERA G. ANYABWILE JUAN D. COBBS THOMAS J. FOURNIER DOUGLAS P. APRIL CLINTON R. CODY GREGORY R. FOXX JAMES E. ARMSTRONG III GEOFFREY J. COLE MATTHEW F. FROMBACH LAURENCE H. ARNOLD BRYAN B. COLEMAN DANIEL A. FUHR

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REID E. FURMAN MATTHEW J. JEMMOTT CORY H. MARLOWE JAMES F. GAFNEY SHOSHANNAH B. JENNI WILLIAM J. MARM CHARLES P. GALLION WHITNEY O. JENSEN KIRSTEN G. MARQUIS TIMOTHY A. GANT EDGAR A. JIMENEZ GABRIEL M. MARRIOTT JOHN D. GARCIA AARON J. JOHNSON BRYAN M. MARTIN CHRISTIAN S. GARLITZ CAYTON L. JOHNSON RACHELLE M. MARTINEZ SEAMUS P. GARRETT DARREN JOHNSON JOSEPH M. MARTUSCELLI BARRY D. GASKIN ERIC B. JOHNSON WENDELL J. MASSEY TIMOTHY D. GATLIN RICHARD B. JOHNSON JORDAN H. MASTROIANNI BENJAMIN T. GATZKE TODD A. JOHNSON LINDSAY R. MATTHEWS ROGER A. GAVRILUK JONATHAN J. JOHNSTON RYAN G. MAYFIELD KENNETH R. GAYLOR BRYAN C. JONES ANDREW P. MCCORMICK FOWOOD M. GEBHART III CHRISTOPHER B. JONES GARY W. MCCORMICK CASEY T. GEIST CULLEN A. JONES MICHAEL J. MCDERMOTT ANTHONY L. GEORGE HUGH W. JONES ADRIENNE T. MCDONALD MICHAEL J. GEORGE KENNETH R. JONES STEFAN R. MCFARLAND STEPHEN A. GERBER ROBERT R. JONES CHARLES J. MCGARRY LEXIE R. GIBBS III WILLIAM JONES MARGARET L. MCGUNEGLE JOHN G. GIBSON KIRK J. JUNKER STEVEN B. MCGUNEGLE TAD A. GILBERT DAVID J. KACZMAREK GEORGE C. MCINGVALE III ERIC J. GILGE JOHN J. KAIKKONEN JAY A. MCISAAC JOHN B. GILLIAM JOSEPH A. KATZ IAN J. MCKENNA ANTHONY F. GIORDANO CRISTIAN A. KEELS BRENT A. MCKINNEY JESSE A. GODOY COLLIN K. KEENAN JAMES M. MCKNIGHT THOMAS A. GOETTKE JIM D. KEIRSEY ERIC C. MCMILLAN ALBERT E. GOETZ III CURTIS J. KELLOGG SHAUNELL L. MCMILLAN JOHN R. GOLDSWORTHY MATTHEW F. KELLY ROBERT B. MCNELLIS AUGUSTINE C. GONZALES BYRON L. KEMP CHRISTOPHER E. MCNUTT LUIS C. GONZALEZ RYAN C. KENDALL MATTHEW P. MCQUILTON MIGUEL A. GONZALEZQUINONES THOMAS E. KENNEDY GLENN C. MCQUOWN III JONATHAN P. GRAEBENER BARBARA KENT CASSIUS M. MCRAE PAUL M. GRANT DANIEL R. KENT DAVID O. MCRAE PATRICK J. GRAY ADAM R. KEOWN BRANDON R. MCWILLIAMS PETER M. GRAY DAVID W. KERR CLINTON P. MEAD CHARLES A. GREEN JEFFREY J. KERSEY DANIELLE R. MEDAGLIA CULLUM P. GREENE KEVIN J. KEY BRIAN H. MEHAN MATTHEW R. GREGORY BRYAN R. KILBRIDE NICHOLAS O. MELIN BRANDON S. GRIFFIN ADISA T. KING ERIC G. MELLOH RANDY E. GRIFFITHS LESHON K. KING CRAIG M. MICHEL JOSIAH T. GROVER CHRISTOPHER J. KIRKPATRICK CHRISTOPHER J. MIDBERRY PATRICK B. GROW ANDREW J. KISER STEPHEN P. MIDKIFF JEANPAUL A. GUERARD ERIK A. KJONNEROD ROBERT J. MILAN, JR. TERRY D. HAHN CHRISTOPHER D. KLEIN JOEL MILLAN LAMONT R. HALE SAMUEL W. KLINE AARON J. MILLER DANIEL S. HALL JONATHAN S. KLUCK MARY K. MILLER SARA M. HALLBERG ELZBIETA KMIECIK MICHAEL S. MILLER LARRY C. HALSEY ANDREW J. KNIGHT STEPHEN E. MILLER ERIC E. HALSTROM BRIAN S. KOHLER STEVEN L. MILLER ALISON M. HAMILTON ERIC A. KREADY TRAVIS W. MILLS BRET M. HAMILTON STEVEN L. KREH TROY A. MILLS JOSEPH R. HAMMOND CHRISTINA J. KRETCHMAN MICHAEL L. MINCE LUKE M. HAMMOND WILLIAM A. KRON JOHN D. MINI CHRISTOPHER C. HAMMONDS JAMES L. KRUEGER ERNEST C. MINICHELLO ALAN M. HAMMONS NATHAN P. KRUMP DANIEL D. MITCHELL CHRISTOPHER M. HANDY KWENTON K. KUHLMAN GEORGE A. MITROKA III THOMAS J. HANIFEN JOSHUA A. KURTZMAN JEFFREY D. MIX CLINTON D. HANNA JOSEPH LABARBERA CASEY M. MOES JODY D. HANSEN MICHAEL P. LACHANCE BRYAN M. MOFFATT WILLIAM G. HANSEN DANIEL J. LAFOUNTAIN NATHAN A. MOLICA NELS A. HANSON SETH J. LALIBERTY TRAVIS F. MOLLIERE RYAN M. HANSON TYMON J. LAMAR SHAWN P. MONIEN JAMES C. HARBRIDGE RACHAPOL LAMEE RICHARD D. MONROE ERNEST J. HARRELL III MATTHEW A. LANDRUM HECTOR A. MONTEMAYOR ELLIOTT R. HARRIS CONNIE M. LANE TOMAS I. MOORE JONPAUL J. HART JARRED M. LANG BENJAMIN L. MORALES JONATHAN P. HARVEY JEFFREY A. LAPLANTE DAVID W. MORGAN WILLIAM J. HARVEY MICHAEL P. LARKIN JOHN D. MORIS JAMES P. HARWELL EDWARD B. LAROSA KENNETH S. MORLEY SHAWN C. HATCH EDUARDO J. LARUMBE JOHN A. MORRIS III JIMMY L. HATHAWAY IAN J. LAUER SHELDON A. MORRIS JOEL T. HEATH JASON C. LAUER ERIC A. MORTON RYAN R. HEBERT STEPHEN T. LAVALLE JAMES M. MOSS PATRICK T. HEMMER ERIC J. LAWLESS KYLE T. MOULTON STEPHEN W. HENDERSON HARRIS T. LAWRENCE III CHRISTOPHER MUGAVERO DANIEL J. HERLIHY JOSEPH E. LEACH BRIAN G. MUMFREY WILLIAM C. HERRERA ALEXANDER R. LEE ZACHARY J. MUNDELL RICHARD M. HEWITT MARK D. LEHENBAUER ARTURO R. MURGUIA LAWRENCE A. HICKS JOSEPH E. LENDO NEIL J. MYRES MICHAEL J. HIGGINS ANDREW J. LENNOX JOSHUA A. NANES WILLIAM M. HIGGINS JONPAUL A. LEOS BRADLEY S. NELSON RICHARD S. HILDEN CHRISTOPHER D. LHEUREUX KURT L. NELSON ERNEST A. HILL JOSEPH A. LIEBNER MICHAEL D. NELSON RONALD T. HINKLE ROBERT D. LINDENAU PATRICK R. NELSON WESLEY H. HIRAOKA STEWART C. LINDSAY PETER C. NELSON JAMES H. HITE IV CHARLES M. LINGENFELTER RYAN B. NELSON MATTHEW B. HOLMES JEREMY F. LINNEY SCOTT J. NELSON BRIAN A. HOOKS GARETH R. LINTT JOHN T. NEWMAN MARK W. HOPKINS DAVID W. LINVILLE ANTHONY NICOLOPOULOS JOHN P. HORNING DENNIS O. LOCKHART CECIL C. NIX IV KRISTOPHER H. HOWELL MICHAEL T. LOFTUS TOM M. NOBLE WILBUR W. HSU MICHAEL A. LONG MARK A. NORDWALL NATHAN M. HUBBARD TODD L. LOONEY LISA T. NORTHUP DAVID M. HUDSON FRANCISCO J. LOPEZ CHRISTOPHER S. NUNN TIMOTHY P. HUDSON SCOTT E. LORIA BRIAN A. OBERG HENRY L. HUNGERBEELER BRADLEY S. LOUDON DEREK K. ODOM MICHAEL A. HUNTER HARVEY R. LOWELL BRIAN W. OERTEL DON P. HURSEY SEAN P. LUCAS DAVID J. OHEARN THOMAS L. HUSSEY JAY T. LUCKRITZ GREGORY M. OHMAN MATTHEW D. HUSTEAD GENE C. LUTZ ERIC M. OLSEN PATRICK J. HUSTED SHARON R. LYGHT PAUL A. OLSEN ROBIN D. HUSTED KENT M. MACGREGOR GREGG T. OLSOWY RHEA H. HUTCHINS SIMON A. MACIOCH ROBERT H. OLSZEWSKI DANIEL P. HUYNH KEITH P. MADERE RAMON J. OSORIO TIMOTHY A. HYDE CHRIS J. MAESTAS KARLA S. OWEN BRANDON J. IKER CARRIE L. MAGAOAY JOHN W. PAGE RICHARD N. INCE MICHAEL W. MAGER JONATHAN M. PALIN JEFFREY W. IRVING DON T. MAKAY ANDY J. PANNIER TODD D. ISREAL SARITA MALIK TERRY W. PARISHER, JR. DAVID M. JACKSON JOSEPH P. MALONE KENT W. PARK BRIAN A. JACOBS JOSEPH R. MALONE JEROME A. PARKER ERIC JACOBSON PATRICK J. MALONE KEKICO L. PATTERSON TRAVIS R. JADLOT MIKEL P. MALONEY ROBERT A. PAUL TIMOTHY R. JAEGER JAMES A. MARCHAND KEVIN M. PAYNE COREY M. JAMES TOD T. MARCHAND JAMES H. PEAY IV KEVIN L. JAMES ALBERT J. MARCKWARDT MICHAEL M. PECINA ERIC M. JANKOWSKI ERIC W. MARHOVER KELVIN R. PENNILL NICOLINE K. JARAMILLO CHRISTIAN M. MARIANI DAVID R. PERRY

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MICHAEL E. PERSIN RAE E. SCHULTZ DAVID S. THRAPP TIMOTHY N. PETERMAN DAMON T. SCHWAN DAVID J. TIER HIEU T. PHAM JOSEPH D. SCHWANKHAUS BENJAMIN L. TIPTON JENNIFER A. PHELPS KHIRSTEN T. SCHWENN ERIC L. TISLAND KENNETH J. PHILLIPS KENNETH SCILLIERI WILLIAM J. TOLBERT PALMER Y. PHILLIPS JAMES H. SCOTT III JASON C. TOOLE RICHARD C. PHILLIPS SEANEGAN P. SCULLEY WILLIAM R. TORREY JASON A. PIERI EUGENE D. SEITER III ERIC A. TRESCHL JAMES C. PILKAUSKAS AARON C. SESSOMS BYRON M. TREXLER TODD F. POLK JUSTIN J. SHAFFER MAXIMILIAN TRKULJA NORMAN L. POLLOCK RIZWAN A. SHAH KEVIN M. TRUJILLO MICHAEL A. PORCELLI DEVAN J. SHANNON JAMEY C. TURNER PHILLIP D. PORTER SHERRI L. SHARPE JESSE E. TWEED III AARON M. POULIN TRAVIS D. SHAVER JOHN M. TYLER CARL A. PRECIADO ROBERT M. SHAW ROBERT E. UNDERWOOD III ERIC R. PRIBYLA JOSEPH J. SHIMERDLA JAMES W. UPTGRAFT II MARIUS D. PRICE COURTNEY A. SHORT JULIAN T. URQUIDEZ DARRYL E. PRIEST DAVID E. SHORT KIMBERLEE D. PROCTOR MICHAEL J. SIEBER LUCAS S. VANANTWERP KEVIN R. PUGH SCOTT F. SIEGFRIED DANIEL V. VANEVERY ISAAC J. RADEMACHER DAVID N. SIMMS MARCUS R. VARTAN GREGORY G. RALLS PETER F. SIMMS BRADLEY C. VELOTTA ALFONSO E. RAMIREZ MATTHEW T. SIMS JASON V. VENNE MOISES RAMIREZ SCOTT C. SINCLAIR DAVID F. VODARICK, JR. BART D. RANSONE ANDREW M. SLACK MICHAEL J. VOTCA MATTHEW S. RASMUSSEN LARRY W. SMALLS RYAN K. WAINWRIGHT JOHN M. RASO ADAM P. SMITH MICHAEL W. WALKER ARIC J. RAUS KENNETH D. SMITH ROBERT W. WALKER TRAVIS J. RAYFIELD MATTHEW B. SMITH STEPHEN C. WALKER THEODORE P. REAM RONALD C. SMITH GREGORY A. WALLSTEN MICHAEL G. REBER SCOTT C. SMITH JASON D. WALTERS GERALD J. REBESCHINI WILLIAM H. SNOOK MILES D. WALZ JOHN A. REDFORD JOSHUA A. SNYDER JOHN L. WATERS ERIC R. REDLIN KENT G. SOLHEIM MARIANO C. WECER JENNIFER D. REED HYOKOOK SONG CHRISTOPHER J. WEHRI THAO B. REED DERRICK J. SONNIER JOHN C. WELCH ARLO J. REESE JOSHUA B. SOPER SCOTT D. WENCE MORGAN B. REESE MARIO A. SOTO ROBERT J. WEST CHRISTOPHER E. REICH AARON C. STACHEL MICHAEL V. WESTERHAUS MATTHEW C. REINHARDT ANDREW C. STAIANO JOSEPH E. WESTERMAN ALEXANDER C. RENDON CLAYTON L. STANLEY JAMES A. WESTGATE JOSHUA R. RICHARDSON MATTHEW C. STANLEY ALAN A. WETZSTEIN ROBERT W. RICHARDSON ROBERT C. STANTON, JR. KEVIN P. WHITE CHRISTOPHER A. RICHIE ANDREW D. STAPLES CARL D. WHITMAN, JR. JEREMY S. RIEGEL ROBERT D. STEINFORT COURTENAY J. WHITMAN RANDY R. RIKER DAVID R. STEWART ANNETTE WHITTENBERGER JAVIER E. RIVERACAMACHO RICHARD A. STEWART CABEL N. WHORTON DAMON S. ROBINS BRIAN J. STICKNEY BRETT A. WIERSMA TYWANA D. ROBINSON PERRY O. STIEMKE ANDREW J. WIKER KENNETH P. ROCKWELL MICHAEL A. STONE DOUGLAS S. WILBUR MICHAEL W. RODDEY GREGORY STOPYRA JEFF M. WILBUR STACY E. RODGERS JOHN C. STROH III JOHN M. WILCOX EDUARDO D. RODRIGUEZ JUDSON C. STROM CHRISTOPHER M. WILKINSON MARIA RODRIGUEZSHELLHAMER BRENDAN E. SULLIVAN TERRENCE C. WILLETT DOUGLAS B. ROGERS BRIAN J. SULLIVAN CHARLES M. WILLIAMS TIMMY L. ROSE SHAWN D. SUMTER COLIN J. WILLIAMS TIMOTHY J. ROSE BRIAN E. SUPKO JASON H. ROSENSTRAUCH JOHNNY R. SUTTON III DANI S. WILLIAMS ULF R. ROTA BRIAN M. SWEIGART FREDRICK O. WILLIAMS DAVID B. ROWLAND JEREM G. SWENDDAL MATT C. WILLIAMS MATTHEW R. RUCKMAN SCOTT F. SWILLEY ARLIN R. WILSHER III JOSHUA R. RUISANCHEZ NATHAN E. SWINDLER JOHN D. WINGEART SHAWN P. RUSSELL GABRIEL A. SZODY CHAD J. WITHERELL TIMOTHY D. RUSTAD DAVID H. SZYMANSKI CARL H. WOHLFEIL CRAIG M. RUZICKI JONATHAN P. TACKABERRY MARTIN A. WOHLGEMUTH AARON J. SADUSKY DANIEL J. TAPHORN BRYAN D. WOODS GREGORY SAKIMURA GEORGE T. TATUM BRYAN T. WOODY ROBERTO SALAS BENJAMIN A. TAYLOR GARLAND J. WOOLFOLK KEVIN A. SALGE KEVIN R. TAYLOR FREDRICK J. WRIGHT, JR. JASON V. SAMA RICHARD P. TAYLOR MARCUS W. WRIGHT DAVID R. SANDOVAL TRAVIS H. TAYLOR BRIAN E. YANOWSKI RONALD R. SARGENT II FRANK TEDESCHI MATTHEW C. YIENGST VICTOR R. SATTERLUND JENNIFER V. THIBEAULT CHRISTOPHER T. YOUNG BRIAN R. SAUL JOSHUA W. THIBEAULT JOY A. YOUNG WILLIAM A. SAVAGE JOSHUA P. THIEL BRION D. YOUTZ BRIAN D. SAWSER JON K. THIESSEN JAMES A. ZANELLA ADAM M. SAWYER CHRISTOPHER J. THOENDEL JONATHAN D. ZEPPA DANIEL B. SAYRE DOUGLAS M. THOMAS JONATHAN S. ZIMMER MICHAEL A. SCHAAD RICKY A. THOMAS DANIEL V. ZOFKIE VICTOR H. SCHARSTEIN ISRAEL A. THOMPSON JAMES E. ZOIZACK NICHOLAS C. SCHENCK JARED A. THOMPSON D0000 RAYMOND J. SCHMOTZER MASON D. THOMPSON D0000 RYAN L. SCHROCK RICHARD B. THOMPSON D0000

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

∑ 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 Aug 31 2005 06:51 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\K16SE8.001 E16SEPT1 rfrederick on PROD1PC67 with REMARKS E1796 CONGRESSIONAL RECORD — Extensions of Remarks September 16, 2008 HONORING THE LIFE AND MUSIC Whereas Isaac Hayes, through his Isaac side Gate 19 in United’s Terminal C. Both OF THE LATE ISAAC HAYES Hayes Foundation, built an 8,000 square foot memorials appeared spontaneously, raised educational facility in Ghana, West Africa, and by airport and airline employees without SPEECH OF fanfare or ceremony. These two memorials was a strong advocate for the education and are one and the same. And there is no HON. STEVE COHEN well-being of the children of Ghana; In 1992, grander memorial. That memorial is the flag OF TENNESSEE in recognition of his humanitarian work, he of the United States of America. IN THE HOUSE OF REPRESENTATIVES was crowned an honorary king of Ghana’s The flags fly proudly to this day, and will Ada district. likely fly forever. They symbolize the deter- Monday, September 15, 2008 Whereas Isaac Hayes donated thousands of mination of this airport, this Nation, and the Mr. COHEN. Mr. Speaker, Isaac Hayes dollars, through grants from his Isaac Hayes community assembled here to recover from made an indelible impact on the hearts, minds Foundation, to schools in Memphis, Nashville, that grievous wound. Today, we dedicate a third memorial as a and souls of his fans that has sustained for and Washington, DC for the purpose of im- remembrance of that day and its impact on generations. Dick Clark observed: ‘‘It’s rare proving the musical education programs of all of us. This memorial is accessible to all when an artist’s talent can touch an entire those schools and for the purchase of musical who come to this airport. And this memorial generation of people. It’s even rarer when that instruments; acknowledges each lost soul by name. same influence affects several generations. Today is a day of both great sadness and It is a simple tribute. A quiet place of re- Isaac made an imprint on the world of pop joy—sadness that Isaac has left us too soon flection. Hopefully, a place for healing. And, music unequaled by any other single per- and joy that we were fortunate enough to have with the passage of time, a place for learning and education, as well. former.’’ known him. Isaac was a personal friend and a This memorial is first and foremost for Isaac Hayes hailed from humble beginnings supporter in my re-election bid, actively partici- you, the family members and friends of those in Covington, Tennessee. He spent his child- pating in my campaign. I appreciate his talent, who perished that sunny September morn- hood and formative years in Memphis, years his contributions to his fellow man and his ing. They never asked to make history, yet which shaped his future success as a song- friendship. He rose from the most humble of they did so in the saddest possible way. writer, singer, and actor, graduating from Ma- beginnings to fame and wealth but he never The weight of September 11 also bore heav- nassas High School. Undoubtedly, Isaac’s in- forgot where he came from and he retained ily on the entire Logan airport community fluences can be attributed to his time spent in who were devastated to learn that two of our his love and respect for his fellow human flights—our flight 11, our flight 175—were in- church singing gospel music with the Morning beings. Being in the presence of Isaac made struments in the tragedy that unfolded. We Stars, doo-wop with Sir Isaac & the Doo-Dads, one want to be a better person, to do good. at Massport and the entire Logan family the Teen Tones and the Ambassadors. Isaac There will never be another like him. hope that you—and we—will find comfort in Hayes became a soul music icon with his f this place. And in the years to come, we hope debut album, ‘‘Hot Buttered Soul,’’ in 1969. that many thousands of visitors—perhaps His signature single and album ‘‘The Theme EXPRESSING THE SENSE OF THE millions—will also come here to reflect, to From Shaft,’’ came 2 years later winning an HOUSE OF REPRESENTATIVES heal and to learn. Academy Award for Best Original Song, the REGARDING THE TERRORIST AT- Changing our own lives will be the greatest gift we can give to the departed. They surely first Academy Award received by an African- TACKS LAUNCHED AGAINST THE UNITED STATES ON SEPTEMBER expect more from us than to merely memori- American in a non-acting category, and two alize their names. They surely want us to do Grammys, one for composer of Best Original 11, 2001 more, work harder, be better, to be inspired Score and one for Best Instrumental Arrange- by remembering them. SPEECH OF ment with co-arranger Johnny Allen. So, for the sacrifice of those we honor here Isaac Hayes will also be mourned by his HON. EDWARD J. MARKEY today, may this memorial therefore make us better fathers and mothers, sons and daugh- Stax records songwriting and production part- OF MASSACHUSETTS ters. ner, David Porter, with whom he wrote over IN THE HOUSE OF REPRESENTATIVES For their sacrifice, may we be better 200 songs, including many classic hits such Thursday, September 11, 2008 custodians of the public trust, ever vigilant as: ‘‘Soul Man,’’ ‘‘When Something Is Wrong for the public safety. With My Baby,’’ and ‘‘Hold on I’m Comin’,’’ re- Mr. MARKEY. Madam Speaker, Last week, For their sacrifice may we be better citi- corded by Sam and Dave, and ‘‘B-A-B-Y’’ our Nation commemorated the seventh anni- zens and neighbors. made famous by Carla Thomas. The music versary of the most devastating attack on our And in the morning, with the rising of the created by Isaac and David embodies the country since Pearl Harbor. We remembered sun, and with the sounds of freedom in the sky, we shall remember them. funky, gritty and soulful Memphis sound and the victims and their families, and we also both gentlemen were both inducted into the honored the heroism of the fire fighters, police f Rock and Roll Hall of Fame in 2002. officers, emergency workers and everyday RECOGNIZING THE LIFE AND Isaac Hayes was instrumental in staging the Americans who rushed to help those caught in SERVICE OF THE LATE AUSTIN 1972 Wattstax concert performed at the Los the almost unimaginable violence on that day. J. ‘‘SONNY’’ SHELTON Angeles Coliseum in the summer of 1972, an The attack has left an indelible mark on our event that was a great source of pride for the Nation. The two planes that were crashed into HON. MADELEINE Z. BORDALLO African American Los Angeles community of the World Trade Center towers took off from Boston’s Logan Airport on that clear Tuesday OF GUAM Watts and which focused worldwide attention IN THE HOUSE OF REPRESENTATIVES on issues of social and economic justice for morning. that beleaguered community while also high- Last week at Logan Airport, a new memorial Tuesday, September 16, 2008 lighting the great Memphis Stax sound. was dedicated to the 147 men, women and Ms. BORDALLO. Madam Speaker, I rise Through his early days at Stax Records, his children who perished on American Airlines today to recognize the life and service of the success as a recording artist, his record- Flight 11 and United Airlines Flight 175. I ask late Austin J. ‘‘Sonny’’ Shelton, who passed breaking international performances and his unanimous consent to insert in the RECORD a away on September 7, 2008, after a long ill- career in film and television, Isaac Hayes, our statement from Massachusetts Port Authority ness. Sonny was 59 years of age. Sonny was hometown hero, always proudly referred to his Chairman Dr. John Quelch on the occasion of a member of the 19th Guam Legislature, from Memphis roots. Isaac served as an ambas- the dedication of the 9/11 memorial at Logan 1987 to 1989, where he served as the chair- sador of Memphis’ spirit and soul and, like Airport. man of the Committee on Rules, vice chair- Moses, is irreplaceable. We will never forget the heroism of the man of the Committee on Energy, Utilities and Whereas Isaac Hayes started the Isaac Americans affected by the September 11th at- Consumer Protection, secretary general to the Hayes Foundation, whose mission is to glob- tacks. Asian Pacific Parliamentarian’s Union and as ally promote literacy, music education, nutri- REMARKS OF DR. JOHN A. QUELCH a member of the Association of Pacific Island tional education, and innovative programs to For the past 7 years, there have already Legislators. raise self-esteem among the underprivileged; been two memorials at Logan Airport, dedi- In 1995, Sonny was appointed as the direc- Whereas Isaac Hayes was strongly devoted cated to the 147 men, women and children tor of the Government of Guam’s Department who perished the morning of September 11, to promoting literacy through the world and 2001 on American Airlines Flight 11 and of Parks and Recreation and as the Guam was named the international spokesman for United Airlines Flight 175. Public Auditor from 1999 to 2000. In 2001 he the Applied Scholastics’ World Literacy Cru- One stands outside Gate 32 in American served as the acting director of the Depart- sade; Airline’s Terminal B. The other stands out- ment of Administration.

VerDate Aug 31 2005 06:51 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A16SE8.001 E16SEPT1 rfrederick on PROD1PC67 with REMARKS September 16, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E1797 After graduating from Father Duenas Memo- However, had I been present I would have the museum joins 10 other museums from rial High School in 1967, attending the Univer- voted yea on H. Res. 1200—Honoring the Maine and 775 nationwide to receive this sity of Guam and Texas State Technical Insti- dedication and outstanding work of military honor. Accreditation recognizes the Colby Col- tute, Sonny returned to Guam and joined support groups across the country for their lege museum’s commitment to public service, Shelton Music Company, his family’s busi- steadfast support of the members of our professional standards, and excellence in edu- ness. He later established AJS Incorporated Armed Forces and their families; yea on H. cation. and expanded his business interests to in- Con. Res. 390—Honoring the 28th Infantry Di- The Colby College Museum of Art is a pow- clude other vending machines, amusement vision for serving and protecting the United erful community presence and leader in com- devices and real estate. States; and yea on H.R. 6889—To extend the municating the value and importance of art. Sonny Shelton was a civic minded individual authority of the Secretary of Education to en- The museum is more than just a collection of who devoted much time to community organi- sure continued access to Federal student great works of art; it is also an incredible edu- zations including the Benevolent and Protec- loans, for 1 year. cational resource for the state of Maine. It of- tive Order of Elks, and the Guam Shrine Club, f fers hands-on workshops, morning story times Aloha Temple. He was a volunteer for the Uni- for children and various lectures from faculty versity of Guam’s 4–H Summer Youth Fishing RECOGNIZING THE PASSING OF at Colby, visiting speakers, and student Program. He served as president of the Father GLADYS CANNON docents. Duenas Memorial School’s Football Booster The Colby College Museum of Art extends Club. He was active in his church where he HON. HILDA L. SOLIS its reach far beyond the Colby College cam- served as a brother of the 2nd Community of OF CALIFORNIA pus, sharing its astounding collection with the Neo-Catechumenal Way of Nino Perdido IN THE HOUSE OF REPRESENTATIVES community members of all ages and providing Catholic Parish in Asan. Tuesday, September 16, 2008 a place for study for faculty and students. I Sonny was an avid fisherman who partici- have no doubt that the museum will continue pated in many deep sea fishing events and his Ms. SOLIS. Madam Speaker, I rise today to this mission of service and education well into love of outdoor sports extended to off-road pay tribute to a dear friend and lifelong Demo- the future, and congratulate the museum once racing where he enjoyed success as a driver. crat, Gladys Cannon, who passed away on again on this deserved accreditation by the Austin J. ‘‘Sonny’’ Shelton was the only September 8, 2008, at her home in West Co- American Association of Museums. child of the late Austin James Shelton, a suc- vina, California. Gladys was a beloved wife, f cessful Guam entrepreneur and Amanda mother, friend, activist, and community leader Pangelinan Guzman Shelton, a professional who will be missed by her peers and the be- HONORING ALEXANDER J. nurse. He is survived by his widow, Graciella loved community she devoted her life to serv- EICHSTADT Shinohara Shelton, his children, and their ing. I am proud to have called Gladys my spouses, Raymond and Melinda Shelton Slat- friend and I join her husband Frank and her HON. SAM GRAVES tery; Madeleine Shelton, Austin Shelton II, and family in mourning her passing. OF MISSOURI Amanda Shelton; and his grandchildren Trini- Throughout her life, Gladys never failed to IN THE HOUSE OF REPRESENTATIVES dad, Kaya, Mariana, Raymond and Gabryelle. become involved in helping her community. He is dearly missed by his family and friends, She had the heart of an activist and the soul Tuesday, September 16, 2008 and our community extends our sympathy to of a fighter and she never failed to fight for Mr. GRAVES. Madam Speaker, I proudly them. progressive values. She was a proud member pause to recognize, Alexander J. Eichstadt, a f of the Teamsters Union and an active and ar- very special young man who has exemplified dent Democrat. She worked hard to ensure the finest qualities of citizenship and leader- HONORING COLTON R. ZIRKLE that working families would have their voices ship by taking an active part in the Boy Scouts heard. Our community will be forever grateful of America, Troop 1138, and in earning the HON. SAM GRAVES for Gladys’s civic activism and volunteerism. most prestigious award of Eagle Scout. OF MISSOURI In addition to being a community activist, Alexander has been very active with his IN THE HOUSE OF REPRESENTATIVES Gladys was an avid sports fan who always troop, participating in many scout activities. Tuesday, September 16, 2008 looked forward to March Madness and rooting Over the many years Alexander has been involved with scouting, he has not only earned Mr. GRAVES. Madam Speaker, I proudly for USC, the Los Angeles Lakers, the Los An- numerous merit badges, but also the respect pause to recognize, Colton R. Zirkle a very geles Dodgers, and the Green Bay Packers. of his family, peers, and community. special young man who has exemplified the Gladys also loved to travel. Her fondest Madam Speaker, I proudly ask you to join finest qualities of citizenship and leadership by memories were of cruises to Alaska and trips me in commending Alexander J. Eichstadt for taking an active part in the Boy Scouts of to England and Ireland. Gladys loved to live his accomplishments with the Boy Scouts of America, and in earning the most prestigious life and she always did so with a cunning America and for his efforts put forth in achiev- award of Eagle Scout. smile and fighting spirit. Gladys will always be Colton has been very active with his troop, remembered and missed for the special joy ing the highest distinction of Eagle Scout. participating in many scout activities. Over the she brought us all. f Gladys will be remembered for her lifetime many years Colton has been involved with TRIBUTE TO MARY JO SHARPE scouting, he has not only earned numerous dedication to her community and fighting spirit. merit badges, but also the respect of his fam- She was a heartfelt champion of women and ily, peers, and community. working families. I extend my sympathy to HON. HAROLD ROGERS Madam Speaker, I proudly ask you to join Gladys’s family in this difficult time, and espe- OF KENTUCKY me in commending Colton R. Zirkle for his ac- cially to her beloved husband Frank Cannon IN THE HOUSE OF REPRESENTATIVES complishments with the Boy Scouts of Amer- whom she greatly loved. Gladys will be dearly Tuesday, September 16, 2008 ica and for his efforts put forth in achieving the missed. Mr. ROGERS of Kentucky. Madam Speaker, highest distinction of Eagle Scout. f I rise today to pay tribute to Mary Jo Sharpe, f CONGRATULATING COLBY a shining example of a true lady, in my home- PERSONAL EXPLANATION COLLEGE MUSEUM OF ART town of Somerset, Kentucky. Sadly, Mary Jo passed away on July 8, 2008, at the age of HON. LINDA T. SA´ NCHEZ HON. MICHAEL H. MICHAUD 76. OF CALIFORNIA OF MAINE Mary Jo and her husband of 58 years, Jim Sharpe, are lifelong residents of Pulaski Coun- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES ty, Kentucky. Together, they were one of the Tuesday, September 16, 2008 Tuesday, September 16, 2008 most thriving and generous entrepreneurial Ms. LINDA T. SA´ NCHEZ of California. Mr. MICHAUD. Madam Speaker, I rise couples that Southern Kentucky has ever Madam Speaker, unfortunately, I was unable today to congratulate the Colby College Mu- seen. Through hard work during their life to- to be present in the Capitol on Monday, Sep- seum of Art for being accredited by the Amer- gether they started and operated numerous tember 15, 2008, and was unable to cast ican Association of Museums, AAM. Accred- successful business ventures. They led a dis- votes on the House floor that evening. ited since 1995, and re-accredited recently, tinguished career in grocery and food retail

VerDate Aug 31 2005 06:51 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A16SE8.004 E16SEPT1 rfrederick on PROD1PC67 with REMARKS E1798 CONGRESSIONAL RECORD — Extensions of Remarks September 16, 2008 business, automobile dealerships, marinas, IN RECOGNIZING OF THE 65TH AN- ida. Based at Whiting from 1946 to almost the restaurants, and most notably the houseboat NIVERSARY OF NAVAL AIR STA- end of 1947 were VB–2 and VB–4 advanced industry where Jim and Mary Jo are recog- TION WHITING FIELD training units flying Consolidated PB4Y–2 Pri- nized as the pioneers of the industry. vateers and Lockheed PV–2 Venturas; the ad- As successful as Mary Jo and Jim were in HON. JEFF MILLER vanced carrier qualification and Landing Sig- their business life, their real sense of pride OF FLORIDA nals Officer training unit flying F6F Hellcats, and love was found in their family. They raised IN THE HOUSE OF REPRESENTATIVES SB2C Helldivers, TBM Avengers and SNJ–3/ four children and nine grandchildren. Mary Jo, 5Cs; and two photo training units flying the Tuesday, September 16, 2008 or ‘‘Mim’’ as her grandchildren call her, was a PB4Y–IP and F6F–5P. loving wife, mother, grandmother and the rock Mr. MILLER of Florida. Madam Speaker, I Over the next several years, Whiting sur- of the family. She was the heart, soul and rise to honor the 65th anniversary of Naval Air vived through reorganization of its missions guiding light helping to lead her children and Station, NAS, Whiting Field. The anniversary and promotion of its newer facilities and longer grandchildren through the trials and tribu- was quietly marked by a simple cake-cutting runways. The first jets assigned to the Train- lations of life. ‘‘Mim’’ was the eternal optimist ceremony attended by over 100 northwest ing Command were sent to Whiting Field in always giving encouraging advice and making Florida dignitaries, Navy and Marine Corps July 1948. From 1951 to 1956 Whiting Field those around her a better person. League representatives, military personnel, devoted its total efforts to primary instruction. Mary Jo’s other great love was for her Government civilians, and other base employ- It was during this period that the Training church, First Baptist Church of Somerset. Jim ees on July 16, 2008. This ceremony cele- Command introduced new aircraft, consoli- and Mary Jo were married at First Baptist brated a long-lasting friendship between the dated bases and made major syllabus Church on April 4th, 1950. She was a lifelong base and surrounding community and served changes to respond to the Navy’s predomi- member and taught the junior and senior girls to further forge their wonderful relationship for nantly jet-equipped air wings and squadrons. Sunday school class. Mary Jo was instru- many years to come. A much larger, formal In addition, in December 1959, the multi-en- mental in the construction of the new sanc- ceremony will be held on October 25, 2008. gine training group, METG, the pre-helicopter tuary for the church and was also the ‘‘Happy According to historian and U.S. Navy Re- instrument phase, moved its operations to Birthday Voice’’ for First Baptist’s outreach tired CDR Doug Seigfried, the 65-year-old Whiting from Forrest Sherman NAS Pensa- program. NAS Whiting Field is the busiest field in the cola. In addition to raising her family and church Training Command and home to Training During the 1960s, Whiting concentrated on duties, Mary Jo found time to be president of Wing Five’s three T–34C primary/intermediate T–28 basic prop training and in January 1965 the local PTA and contribute in various ways maritime prop squadrons, two TH–57B/C Sea began parallel T–28 basic instructional pro- to the educational system throughout her life. Ranger helicopter training squadrons and the grams due to the increased number of stu- She also loved to sing and did so on local helicopter and fixed-wing instructor instruc- dents required to meet the augmented pilot radio stations and at numerous weddings and tional units. Eighty-three percent of all student training rate prompted by the Vietnam war. In 1965, the field underwent a major facelift as funerals. Naval aviators conduct a portion of their initial Mary Jo Sharpe was a graceful, friendly, flight training at Whiting, which averages over new living spaces replaced old WW II-era caring, patriotic, beautiful woman. She be- 350 flights a day. ‘‘splintervilles,’’ together with a new training lieved that ‘‘positive things happen to positive Construction began on the largest of Pensa- building and upgrades to both fields’ runways people’’. Mary Jo was a Christian woman and cola’s auxiliary fields in early 1943 and was and ramp areas. In January 1972, as a result of yet another an angel on earth and she is now basking in completed in November. The new field, lo- major reorganization of the Training Com- the glory of her Savior. cated 35 miles northeast of Pensacola and 6 mand, Whiting Field became the home of Madam Speaker, I ask my colleagues to join miles north of Milton, was planned to incor- Training Air Wing 5. After 30 years of working me in honoring the memory of Mary Jo porate two individual fields about a mile from with fixed-wing aviators, Whiting began rotary- Sharpe. She will be sorely missed, but her one another with base facilities located be- wing activities. In November 1977, the first of legacy and character will continue to live on in tween them. Both Whiting’s North and South the new T–34C Turbo Mentors arrived at the hearts and minds of her loving family and Fields featured four 6,000-foot runways, a Training Air Wing 5 to replace the primary- friends. large parking mat and two big red-brick, hang- phase T–34B and the basic-phase T–28. By f ars. Despite the fact that construction was not yet complete and assigned personnel were 1983, the last T–28 had been retired and all PERSONAL EXPLANATION temporarily living in tents, the field was offi- three North Field squadrons conducted pri- cially dedicated by RADM George D. Murray, mary and intermediate prop training. In the HON. TIMOTHY V. JOHNSON commandant of the Naval Air Training Center, 1990s, VT–3’s Red Knights were designated as the first joint primary training squadron. The OF ILLINOIS Pensacola, on July 16, 1943. In attendance at era of joint Navy/USAF flight training had IN THE HOUSE OF REPRESENTATIVES the ceremony was the recent widow of Cap- tain Kenneth Whiting, Naval Aviator Number begun. Tuesday, September 16, 2008 16, for whom the field was named. Madam Speaker, no one can deny the hon- Mr. JOHNSON of Illinois. Madam Speaker Fifteen days earlier, SNJs (the Navy’s orable and significant contributions NAS Whit- unfortunately last night, September 15, 2008, version of the North American T–6 Texan) of ing Field has made since it was dedicated in I was unable to cast my votes on H. Res. VN–3A and VN–3B from Chevalier and 1943. On behalf of the United States Con- 1200, H. Con. Res. 390, and H.R. 6889, and Saufley Fields had arrived at their new South gress and a grateful Nation, I wish to thank wish the record to reflect my intentions had I Field home to inaugurate operations in basic the men and women on NAS Whiting Field, been able to vote. and radio instrument instruction as part of the both past and present, for 65 years of unwav- Had I been present for rollcall No. 589 on intermediate phase of the World War II train- ering support of our Nation’s defense. suspending the rules and passing H. Res. ing program. With the two fields comp1eted, f 1200, honoring the dedication and outstanding VN–8C and its large fleet of SNBs (Navy des- TRIBUTE TO HOWARD DUVALL, JR. work of military support groups across the ignated Beech Aircraft TC–45s) arrived at country for their steadfast support of the mem- North Field from NAS Corry in November HON. JAMES E. CLYBURN bers of our Armed Forces and their families, I 1943. The squadron moved back to Corry in OF SOUTH CAROLINA would have voted ‘‘aye.’’ December 1944 and was replaced by oper- IN THE HOUSE OF REPRESENTATIVES Had I been present for rollcall No. 590 on ational training squadron VB4 OTU 4, flying suspending the rules and passing H. Con. Consolidated PB4Y–l Liberators. With all the Tuesday, September 16, 2008 Res. 390, honoring the 28th Infantry Division multi-engine and basic instrument instruction Mr. CLYBURN. Madam Speaker, I rise for serving and protecting the United States, I conducted at the base, a large building was today to pay tribute to a tremendous public would have voted ‘‘aye.’’ constructed to house the numerous Link train- servant, Howard Duvall, Jr. After 21 years of Had I been present for rollcall No. 591 on ers and six big Link celestial navigation train- stellar service and visionary leadership, How- suspending the rules and passing H.R. 6889, ers manned by WAVES (Women Accepted for ard is retiring from the South Carolina Munic- to extend the authority of the Secretary of Volunteer Emergency Service). ipal Association. His retirement is a great loss Education to purchase guaranteed student After the war, Whiting became a naval air to the cities and towns of South Carolina, but loans for an additional year, and for other pur- station under control of the new Naval Air Ad- we thank Howard for his dedication for so poses, I would have voted ‘‘aye.’’ vanced Training Command, Jacksonville, Flor- many years.

VerDate Aug 31 2005 06:51 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A16SE8.008 E16SEPT1 rfrederick on PROD1PC67 with REMARKS September 16, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E1799 Howard Duvall is a product of the small PERSONAL EXPLANATION and excellence to the people of Guam. I con- South Carolina town of Cheraw, known to gratulate Academy of Our Lady of Guam many as the birthplace of music legend Dizzy HON. CAROLYN B. MALONEY President, Sr. Francis Jerome Cruz, R.S.M. Gillespie. Howard left Cheraw to pursue an OF NEW YORK and Principal Mary Meeks for their steward- education, earning a B.A. in political science IN THE HOUSE OF REPRESENTATIVES ship in the education of Guam’s exceptional from the Citadel and an M.P.A. from the Uni- women. God bless the Academy of Our Lady Tuesday, September 16, 2008 versity of South Carolina. He served his coun- of Guam and may they enjoy many more try in the U.S. Air Force for 4 years, and con- Mrs. MALONEY of New York. Madam years of service to the people of Guam. tinued his service a a member of the South Speaker, on September 9, 2008, I missed roll- Carolina Air National Guard for 3 years. How- call votes numbered 567, bill to designate the f ard returned to Cheraw to work in his family’s United States courthouse located in the 700 CONGRATULATING CARLOS hardware business, and launched a life of block of East Broad Street, Richmond, Vir- ZAMBRANO ON PITCHING A NO- public service soon thereafter. In 1974, How- ginia, as the ‘‘Spottswood W. Robinson III and HITTER ard was elected a member of the Cheraw Robert R. Merhige, Jr., United States Court- Town Council. Six years later, he was elected house’’, 568, a bill to designate the United States courthouse located at 225 Cadman mayor of his beloved hometown. Plaza East, Brooklyn, New York, as the HON. RAHM EMANUEL In June 1986, Governor Dick Riley tapped ‘‘Theodore Roosevelt United States Court- OF ILLINOIS Howard to serve as his executive assistant. In house’’; and 569, the Child Soldiers Account- 1987, he was appointed to the South Carolina ability Act of 2007. IN THE HOUSE OF REPRESENTATIVES Tax Commission, and later that year, he be- Had I been present, I would have voted Tuesday, September 16, 2008 came the director of Intergovernmental Rela- ‘‘yea’’ on rollcall votes 567, 568, and 569. tions for the South Carolina Municipal Asso- f Mr. EMANUEL. Madam Speaker, I rise ciation. This move became Howard’s calling today to congratulate Carlos Zambrano of the PERSONAL EXPLANATION for the rest of his career. In 1992, he became Chicago Cubs on his no-hitter against the the executive director of the Municipal Asso- Houston Astros on Sunday. In addition to ciation, and has remained in that post for the HON. DAVID G. REICHERT being Zambrano’s first no-hitter, it was also last 16 years. OF WASHINGTON the first no-hitter pitched by a Cub since 1972 During this time, Howard’s family has been IN THE HOUSE OF REPRESENTATIVES and only the second in the majors this season. his source of support. He has been married to Tuesday, September 16, 2008 In throwing what some are calling a Allianne Turner since 1965, and the two are Zambrano-no, he led the Cubs in a 5–0 victory Mr. REICHERT. Madam Speaker, on Sep- at Miller Park in Milwaukee. the proud parents of two daughters and the tember 15, 2008, I missed three rollcall votes. grandparents of two. Had I been present, I would have voted ‘‘yea’’ Perhaps most remarkable about Zambrano’s performance on Sunday is the unusual cir- Madam Speaker, I invite you and my colon H. Res. 1200, ‘‘yea’’ on H. Con. Res. 390 cumstances surrounding the game. Not only leagues to join me today in congratulating and ‘‘yea’’ on H.R. 6889. had Zambrano missed the last two weeks of Howard Duvall for an outstanding career of f games with a sore rotator cuff, but the devas- public service. Howard has demonstrated a COMMEMORATING THE 60TH ANNI- tation wrought by Hurricane Ike in Houston strong commitment to the small cities and VERSARY OF THE ACADEMY OF also forced Major League Baseball to relocate towns that make South Carolina such a won- OUR LADY OF GUAM the game to Milwaukee. The crowd of over derful place to live, work and recreate. His 23,000 was comprised of a lot of Cubs fans, leadership has made our State and Nation a and all of us Cubs fans are thankful that the better place, and his daily guidance will be HON. MADELEINE Z. BORDALLO OF GUAM Brewers opened up Miller Park for the occa- sorely missed. I am proud to call Howard a sion, and more importantly, we are thankful IN THE HOUSE OF REPRESENTATIVES friend, and I wish him a wonderful retirement that the Astros players, fans and families were and much happiness in his future endeavors. Tuesday, September 16, 2008 able to take their minds off of the storm for a Ms. BORDALLO. Madam Speaker, I rise few hours to share baseball history with us. f today to congratulate the students, administra- Carlos Zambrano made his major league tors, staff, and alumni of the Academy of Our HONORING ROBERT AMSDEN debut for the Cubs in 2001 as a 20-year-old Lady of Guam (AOLG) as they celebrate their and has spent his entire professonal career sixtieth anniversary. Founded in September 8, thus far with my hometown Chicago Cubs. He HON. SAM GRAVES 1948 by Bishop Apollinaris William quickly made his mark as a premier pitcher in Baumgartner, OFM Cap. and Sister Inez the league, earning a spot as a starter in 2003 OF MISSOURI Underwood, RSM the AOLG is renowned for and becoming the youngest Chicago Cub to its college preparatory curriculum and con- IN THE HOUSE OF REPRESENTATIVES pitch in an All-Star Game the next season. He tinues as the sole Catholic high school for is known not only for his abilities on he Tuesday, September 16, 2008 young women on Guam. mound, but also for his enthusiasm for the The AOLG is named after the patron saint game and his prowess with the bat. Mr. GRAVES. Madam Speaker, I proudly of Guam, Santa Marian Kamalan, also known pause to recognize, Robert Amsden a very as Our Lady of Camarin. The 300 year old On Sunday, Zambrano struck out 10 and special young man who has exemplified the statue of Our Lady of Camarin is an icon in walked one and was aided by the stellar de- finest qualities of citizenship and leadership by Chamorro culture. The AOLG lives the name fense of his teammates—specifically Derek taking an active part in the Boy Scouts of of Our Lady of Camarin through the school’s Lee and Mark DeRosa, who both made great America, Troop 376, and in earning the most Christian centered approach to education and plays to keep the no-hitter alive. But in the prestigious award of Eagle Scout. through a curriculum focusing on the develop- end, Zambrano showed that his shoulder was ment of the overall well being of its students. A–OK as he continued to throw pitches up- Robert has been very active with his troop, ward of 95 miles per hour into the 9th inning, participating in many scout activities. Over the The AOLG continues to excel in both academics and athletics. Over 90 percent of striking out the final batter of the game en many years Robert has been involved with AOLG graduates pursue post-secondary edu- route to his 14th victory of the season, putting scouting, he has not only earned numerous 1 cation, and a growing number are accepted by the Cubs 7 ⁄2 games up in the National merit badges, but also the respect of his fam- the leading educational institutions. League Central Division going into today’s ily, peers, and community. More so, the AOLG has produced distin- game. Madam Speaker, I proudly ask you to join guished alumni in the fields of law, medicine, Madam Speaker, on behalf of the Cubs’ me in commending Robert Amsden for his ac- government, and engineering, as well as lead- neighbors in Lakeview and throughbut complishments with the Boy Scouts of Amer- ers in the business community. Chicagoland, I congratulate Carlos Zambrano ica and for his efforts put forth in achieving the I commend the Academy of Our Lady of and all of his Chicago Cubs teammates the highest distinction of Eagle Scout. Guam for its 60 years of continued service first Cubs no-hitter in 36 years.

VerDate Aug 31 2005 06:51 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A16SE8.012 E16SEPT1 rfrederick on PROD1PC67 with REMARKS E1800 CONGRESSIONAL RECORD — Extensions of Remarks September 16, 2008 PERSONAL EXPLANATION Rollcall vote 584—H.R. 4081, The Prevent ingful lives. They have done so by providing All Cigarette Trafficking Act of 2007—‘‘yes.’’ grants for teachers and mentoring programs to HON. PAUL W. HODES Rollcall vote 589—H. Res. 1200, Honoring reinforce character education and strengthen OF NEW HAMPSHIRE the dedication and outstanding work of military the basic curriculum at a time of severe pro- IN THE HOUSE OF REPRESENTATIVES support groups across the country for their gram, cutback and budget reductions in our steadfast support of the members of our schools. The foundation has also started an Tuesday, September 16, 2008 Armed Forces and their families—‘‘yes.’’ At-Risk Community Outreach program in col- Mr. HODES. Madam Speaker, due to illness Rollcall vote 590—H. Con. Res. 390, Hon- laboration with educational, business, commu- that required hospitalization, I missed the fol- oring the 28th Infantry Division for serving and nity, and mentoring organizations designed to lowing votes. I would have voted as follows: protecting the United States—‘‘yes.’’ bring certainty of opportunity to urban youth. Rollcall vote 567—S. 2403—A bill to des- Rollcall vote 591—H.R. 6889, To extend the At a time when material things have re- ignate the new Federal Courthouse, located in authority of the Secretary of Education to pur- placed character as the currency for meas- the 700 block of East Broad Street, Richmond, chase guaranteed student loans for an addi- uring success, the RARE Foundation has Virginia, as the ‘‘Spottswood W. Robinson III tional year, and for other purposes—‘‘yes.’’ stepped in to reinforce the idea strong morals and Robert R. Merhige, Jr. Federal Court- f and character are imperative to achievement. house’’—‘‘yes.’’ In fact, their programs have proven to be so Rollcall vote 568—S. 2837—A bill to des- HONORING STEPHEN LEE DODSON successful that they should serve as a model ignate the United States courthouse located at to be followed by other communities. 225 Cadman Plaza East, Brooklyn, New York, HON. SAM GRAVES Madam Speaker, the RARE Foundation as the ‘‘Theodore Roosevelt United States OF MISSOURI continues to educate and enrich the lives of young people in Michigan. I wish to congratu- Courthouse’’—‘‘yes.’’ IN THE HOUSE OF REPRESENTATIVES Rollcall vote 569—S. 2135—Child Soldiers late them and the many volunteers on their Tuesday, September 16, 2008 Accountability Act—‘‘yes.’’ 10th Anniversary and hope for many years of Rollcall vote 570—H. Con. Res. 344—Rec- Mr. GRAVES. Madam Speaker, I proudly prosperity. ognizing that we are facing a lobal food cri- pause to recognize, Stephen Lee Dodson a f very special young man who has exemplified sis—‘‘yes.’’ 40TH ANNIVERSARY OF THE the finest qualities of citizenship and leader- Rollcall vote 571—H. Res. 937—Expressing KENNEDY POLITICAL UNION the sense of the House of Representatives ship by taking an active part in the Boy Scouts that the emergency communications services of America, Troop 376, and in earning the provided by the American Red Cross are vital most prestigious award of Eagle Scout. HON. JAMES P. McGOVERN resources for military servicemembers and Stephen has been very active with his troop, OF MASSACHUSETTS IN THE HOUSE OF REPRESENTATIVES their families—‘‘yes.’’ participating in many scout activities. Over the Rollcall vote 572—H. Res. 1069—Con- many years Stephen has been involved with Tuesday, September 16, 2008 demning the use of television programming by scouting, he has not only earned numerous Mr. MCGOVERN. Madam Speaker, 40 Hamas to indoctrinate hatred, violence, and merit badges, but also the respect of his fam- years ago today a tradition began at the anti-Semitism toward Israel in young Pales- ily, peers, and community. American University in Washington, DC. That tinian children—‘‘yes.’’ Madam Speaker, I proudly ask you to join tradition, which I am proud to say I was and Rollcall vote 573—H. Res. 1307—Com- me in commending Stephen Lee Dodson for continue to be a part of, began when Theo- memorating the Kingdom of Bhutan’s partici- his accomplishments with the Boy Scouts of dore Sorensen became the first speaker at the pation in the 2008 Smithsonian Folklife Fes- America and for his efforts put forth in achiev- Kennedy Political Union at American Univer- tival and commending the people and the ing the highest distinction of Eagle Scout. sity. I rise today to honor and recognize this Government of the Kingdom of Bhutan for f institution for both its excellence and longevity. their commitment to holding elections and The Kennedy Political Union was founded to broadening political participation—‘‘yes.’’ RECOGNIZING THE 10TH ANNIVER- take advantage of American University’s Rollcall vote 574—H.R. 6168—Lance Cor- SARY OF THE RARE FOUNDA- Washington, DC location. Since its inception poral Drew W. Weaver Post Office Building— TION the Kennedy Political Union has been student- ‘‘yes,’’ run, student-funded, and non-partisan in its Rollcall vote 575—H.R. 6630—To prohibit HON. JOE KNOLLENBERG commitment to connecting American Univer- the Secretary of Transportation from granting OF MICHIGAN sity students with the most compelling speak- authority to a motor carrier domiciled in Mex- IN THE HOUSE OF REPRESENTATIVES ers on a wide variety of issues. ico to operate beyond United States munici- Tuesday, September 16, 2008 Past speakers at the Kennedy Political palities and commercial zones on the United Union have included Former Soviet Premier States-Mexico border unless expressly author- Mr. KNOLLENBERG. Madam Speaker, I Mikhail Gorbachev, His Holiness the 14th ized by Congress—‘‘yes.’’ want to recognize the RARE Foundation in Dalai Lama, and Secretaries of State Mad- Rollcall vote 576—H. Res. 1419—On Order- Troy, Michigan as they celebrate their 10th eleine Albright and Colin Powell, among hun- ing the Previous Question Providing for con- Anniversary on September 16, 2008. The dreds of others who have come to share their sideration of H.R. 3667, Missisquoi and Trout foundation’s work for Michigan’s youth has views and experiences with thousands of Rivers Wild and Scenic River Study Act of changed lives and inspired future generations American University students. 2008—‘‘yes.’’. of leaders. As Director for the 1980–81 Kennedy Polit- Rollcall vote 577—H. Res. 1419—On The RARE Foundation was founded in 1998 ical Union Lecture Series, I hosted Israeli poli- Agreeing to the Resolution Providing for con- by Gilbert Cox, Jr. with the mission to inspire tician and diplomat Abba Eban; former Attor- sideration of H.R. 3667, Missisquoi and Trout Michigan’s youth to see possibilities through ney General Ramsey Clark; Alger Hiss; U.S. Rivers Wild and Scenic River Study Act of the real-world examples of everyday heroes. Senators Howard Baker, Strom Thurmond and 2008—‘‘yes.’’ RARE highlights the lives and life lessons of George McGovern, and others. The experi- Rollcall vote 578—H.R. 1527, The Rural everyday people in the workplace who, ence was a formative one for me, and I to this Veterans Access to Care Act—‘‘yes.’’ through extraordinary commitment, integrity, day have maintained my ties with the Kennedy Rollcall vote 579—S. 2617, The Veterans selflessness, and courage, are changing lives Political Union and my alma mater. Compensation Cost-of-Living Adjustment Act and inspiring others. In addition, the founda- With today, September 16, 2008 marking of 2008—‘‘yes.’’ tion provides a forum for these extraordinary the 40th Anniversary of the Kennedy Political Rollcall vote 580—H.R. 3667, On Motion individuals to reach out to Michigan’s youth Union, I want to congratulate each of the Di- that the Committee Rise—‘‘yes.’’ and teach, by example, their compelling les- rectors who have promoted the organization’s Rollcall vote 581—Grijalva of Arizona sons for life’s venture. commitment to the expansion of political Amendment to H.R. 3667—‘‘yes.’’ Throughout the years, the foundation’s pro- awareness and engagement. I want to thank Rollcall vote 582—H.R. 3667—Table Appeal grams have engaged young people in the the speakers who have made the organization of the Ruling of the Chair—‘‘yes.’’ process of discussion, discovery, and writing what it is today, many of whom are former or Rollcall vote 583—H.R. 3667—On passage about everyday heroes in their communities to current members of this body. And lastly I of the Missisquoi and Trout Rivers Wild and help them see possibilities and make the con- want to wish the Kennedy Political Union con- Scenic River Study Act of 2008—‘‘yes.’’ nection between fulfilling careers and mean- tinued success now and in the future.

VerDate Aug 31 2005 06:51 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A16SE8.017 E16SEPT1 rfrederick on PROD1PC67 with REMARKS September 16, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E1801 HONORING MARGARET MEHRING IN TRIBUTE TO JIM KROG commitment to social justice and to sharing their diverse culture with friends and neighbors HON. KATHY CASTOR has been an invaluable addition to Cleveland’s HON. LOIS CAPPS OF FLORIDA diverse social fabric. Madam Speaker and colleagues, please join OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES me in honor and in celebration of this year’s IN THE HOUSE OF REPRESENTATIVES Tuesday, September 16, 2008 Hispanic Heritage Month and in recognition of Ms. CASTOR. Madam Speaker, I rise today Senator Kenneth McClintock for his dedication Tuesday, September 16, 2008 in honor of a great Floridian and American, to public service. I am deeply grateful for the Mrs. CAPPS. Madam Speaker, thank you James Byron ‘‘Jim’’ Krog. The State of Florida outstanding contributions made by Hispanic for this opportunity to speak today about my suffered a great loss on September 4, 2008, Americans in my district and around the coun- dear friend Margaret Mehring, who passed when he passed away. try. away on July 3, 2008. Margaret was someone Mr. Krog devoted a large part of his profes- f that we all want to—and need to—remember. sional career to public service. Krog served as chief of staff for the Honorable Lawton Chiles, COMMEMORATING THE 60TH ANNI- She was an educator, filmmaker and author. VERSARY OF FATHER DUENAS She was a political activist, fighting against the Governor of Florida, with a landmark new commitment to children’s healthcare. He also MEMORIAL SCHOOL McCarthy era excesses and standing firm for worked as a top aide to Governor Reubin the freedoms we cherish in this country. Askew. He started in government relations in HON. MADELEINE Z. BORDALLO She also worked hard to help Native Ameri- Tallahassee, which he returned to after work- OF GUAM cans tell their own stories, with her work being ing for Governor Chiles. As a founding mem- IN THE HOUSE OF REPRESENTATIVES expanded to the founding of the Media Train- ber of the Florida Association of Professional Tuesday, September 16, 2008 ing Development Program for Tribal College Lobbyists, he recognized the importance of around the country. She managed political improving the public image of his profession. Ms. BORDALLO, Madam Speaker, I rise campaigns and even wrote a pamphlet about Known for being a congenial man with a great today to congratulate the students, administra- running grassroots campaigns that I got into sense of humor, Mr. Krog would battle against tors, staff and alumni of Father Duenas Me- the hands of top Democrats in Washington. a political rival in the Capitol and then meet morial School, FDMS, as they celebrate the How many of her lessons are finding their way him or her afterwards to laugh it off. school’s 60th anniversary. Founded in 1948, into this election, I often wonder. A Tampa native and graduate of the Univer- by Bishop Apollinaris Baumgartner, OFM Cap., as an institution to prepare young men Margaret Mehring was all this and much, sity of South Florida, Mr. Krog made time for the priesthood, FDMS has evolved to a 4 much more. She was a friend, a mentor, an each semester to return to his alma mater to year college preparatory high school rooted in always present conscience to many of us in offer advice and encouragement to students the Catholic faith. this room. Margaret and I became friends interested in beginning a career in government FDMS was named to honor the memory of when my late husband Walter was beginning or politics. After students graduated and came Father Jesus Baza Duenas, the second his improbable run for Congress. That was to Tallahassee to start jobs, he would mentor Chamorro to be ordained a Catholic priest. Fa- back in 1994. Long before most people even them. Now hundreds of USF students are ther Duenas was beheaded by Imperial Japa- knew who Walter was, Margaret was one of working in government and public policy. They nese military forces on July 11, 1944, only 10 his strongest supporters. She and Walter— are a living legacy of his dedication to public days before the liberation of Guam. The and I—connected on a very deep level. She service. school was built in Tai, Mangilao, in the area understood the importance of building a com- Madam Speaker, Jim Krog will be greatly where Father Duenas and his cousin Edward munity of hope and purpose. But she also missed by the State of Florida. My thoughts were executed. The school mascot, a ‘‘friar’’, knew the value of organizing a community are with his wife, Louella, and his son, Chris- is significant as the school has been managed around an idea or, in this case, a person and topher. and staffed over the years by religious orders, political movement. Margaret dedicated herself f namely, the Stigmatines, Capuchins, and to organizing and turning out the vote for Wal- IN HONOR OF 2008 HISPANIC Marist Brothers. ter so he would be elected to Congress. HERITAGE MONTH FDMS has a strong record of academic ex- She was someone who really recognized cellence and athletic achievement. Many of its the importance of grassroots organizing, mobi- HON. DENNIS J. KUCINICH alumni have excelled and succeeded in their lizing a community, and turning out the vote. OF OHIO pursuit of higher education in post secondary She was instrumental in galvanizing many of IN THE HOUSE OF REPRESENTATIVES institutions, including the military service acad- her friends and neighbors to support Walter’s, emies and numerous colleges and univer- and later my, candidacy. And I will always be Tuesday, September 16, 2008 sities. From its humble beginnings as a five deeply grateful to the tireless work she de- Mr. KUCINICH. Madam Speaker, I rise room seminary, the school had grown in size voted to my campaigns. today in honor of the 2008 Hispanic Heritage with more classrooms, science laboratories But what makes me remember Margaret Month, as we celebrate the members of this and the recently opened Phoenix Center that and miss her was larger than the help she community and their invaluable contributions serves as a multipurpose complex housing a provide Walter and me, as important as that to the Greater Cleveland Area and to our gym, an auditorium, weight training room, and was. country. I also rise in honor of Senator Ken- additional classrooms. The Phoenix Center is neth McClintock, and in recognition of his im- also used as a venue to host other perform- Margaret’s work was dedicated as much to measurable accomplishments as President of ances and civic events for the island commu- strengthening our democratic traditions and the Puerto Rican Senate. Senator McClintock nity. our civil society as it was to any one can- is the keynote speaker at the kick-off cere- Through the years Father Duenas Memorial didate. She was concerned about the vitality mony of the 2008 Hispanic Heritage Month in School has produced distinguished alumni of our democracy and the health of our soci- Cleveland, Ohio. which include leaders in government and the ety. Ensuring that we leave this wonderful Hispanic Heritage Month celebrates and illu- business community, members of the clergy, Earth a better place than we found it was what minates the significant contributions that servicemen in the United States Armed Serv- drove her every day. Clearly Margaret was a Americans of Hispanic heritage have made in ices, judges, lawyers, doctors, dentists, and valuable member of the Democratic party, but all aspects of American culture. Hispanic educators. Father Duenas Memorial School’s more importantly she was an asset to the Americans have contributed immeasurably to most distinguished graduate is the Metropoli- Democratic process. the fields of law, medicine and education, and tan Archbishop Anthony Sablan Apuron, DD, I will miss Margaret dearly, I already do. But have shared their diverse and rich culture with OFM Cap. I carry with me—every day—the lessons of us all through fine arts and music. Americans It is the heritage and testament of its stu- her commitment to her community, her dedica- of Hispanic descent have served our country dents, their parents, administration, faculty tion to making the world a better place. It is a in numerous ways—as elected officials, teach- staff, and alumni that continue to show the source of strength and a constant inspiration ers, musicians, veterans, community activists, character and success of Father Duenas Me- to me. Thank you for letting me offer my and dedicated employees in virtually every morial School. As the school celebrates its 60 thoughts today. sector of the economy. Their longstanding Years of Excellence, I congratulate Archbishop

VerDate Aug 31 2005 06:51 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A16SE8.021 E16SEPT1 rfrederick on PROD1PC67 with REMARKS E1802 CONGRESSIONAL RECORD — Extensions of Remarks September 16, 2008 Anthony Apuron, Father Duenas Memorial 40 years, She has also worked as a Home His commitment to workers rights and to the School Principal, Mr. Willaim Roth, the faculty Counselor in the Mott Foundation program local Democratic Party has earned him the and staff, and the various orders and and taught Bishop sewing classes. honor of being one of only two Super-Dele- laypeople who have educated many of Madam Speaker, I ask the House of Rep- gates of the 1.4 million Teamster membership. Guam’s outstanding young men since October resentatives to stand and applaud the work of From 2003–2006, Sonny served on the Labor 1, 1948. May Father Duenas Memorial School one of the pioneers for political equality, Char- Advisory Council for Governor Taft and was enjoy many more years of service to our com- lotte Williams. I commend her for her courage, also appointed to the RTA Board of Trustees. munity. insight, and work to improve the quality of life His experience as a true leader in the local f in Genesee County. May she continue her Democratic Party earned him an appointment work for many, many years to come. to the Executive Committee for the Democratic HONORING ANDREW NELSON f Party in 2006. In 2007, the same year he became Local 416’s President and Principal Offi- HON. SAM GRAVES IN SYMPATHY FOR THE LOSS OF cer, Sonny was chosen to represent Ohio as FORMER KIRKWOOD MAYOR a member of the Democratic National Com- OF MISSOURI MIKE SWOBODA mittee. IN THE HOUSE OF REPRESENTATIVES Madam Speaker and colleagues, please join Tuesday, September 16, 2008 HON. W. TODD AKIN me in honor of Nick ‘‘Sonny’’ Nardi, and in Mr. GRAVES. Madam Speaker, I proudly OF MISSOURI recognition of his invaluable dedication to pause to recognize Andrew Nelson of Smith- IN THE HOUSE OF REPRESENTATIVES workers rights and to the local Democratic Party. May his commitment to social justice ville, Missouri. Andrew is a very special young Tuesday, September 16, 2008 man who has exemplified the finest qualities serve as an example for all of us to follow. of citizenship and leadership by taking an ac- Mr. AKIN. Madam Speaker, I rise today to tive part in the Boy Scouts of America, Troop recognize and honor a man of passion, spirit f 1360, and earning the most prestigious award and service—former Kirkwood Mayor Mike HONORING CHARLES CASSIDY of Eagle Scout. Swoboda, who struggled against incredible Andrew has been very active with his troop, odds after tragedy and on September 6, 2008, participating in many scout activities. Over the was released from his suffering and went HON. SAM GRAVES Home. many years Andrew has been involved with OF MISSOURI Mike Swoboda will be remembered for his scouting, he has not only earned numerous IN THE HOUSE OF REPRESENTATIVES merit badges, but also the respect of his fam- innovation in the city of Kirkwood, Missouri, ily, peers, and community. creating ‘‘Mayor for a Day’’ program for Tuesday, September 16, 2008 youths, his endless enthusiasm for all things Madam Speaker, I proudly ask you to join Mr. GRAVES. Madam Speaker, I proudly Kirkwood, and his years of faithful service. He me in commending Andrew Nelson for his ac- pause to recognize Charles Cassidy of Platte was a man of hope and optimism who loved complishments with the Boy Scouts of Amer- City, Missouri. Charles is a very special young the people he served. He will be remembered ica and for his efforts put forth in achieving the man who has exemplified the finest qualities for striving to do great things and as a man of highest distinction of Eagle Scout. of citizenship and leadership by taking an ac- his word. tive part in the Boy Scouts of America, Troop f I want to extend my condolences to the 1351, and earning the most prestigious award family of Mike Swoboda and echo family and HONORING CHARLOTTE WILLIAMS of Eagle Scout. friends in saying ‘‘He will always be remem- Charles has been very active with his troop, bered.’’ HON. DALE E. KILDEE participating in many scout activities. Over the f OF MICHIGAN many years Charles has been involved with scouting, he has not only earned numerous IN THE HOUSE OF REPRESENTATIVES IN HONOR OF NICK ‘‘SONNY’’ NARDI merit badges, but also the respect of his fam- Tuesday, September 16, 2008 ily, peers, and community. Mr. KILDEE. Madam Speaker, I rise today HON. DENNIS J. KUCINICH Madam Speaker, I proudly ask you to join to honor Charlotte Williams as she receives me in commending Charles Cassidy for his OF OHIO the first ‘‘Making Democracy Work’’ Award accomplishments with the Boy Scouts of IN THE HOUSE OF REPRESENTATIVES from the Flint Michigan League of Women America and for his efforts put forth in achiev- Voters. Tuesday, September 16, 2008 ing the highest distinction of Eagle Scout. The League will honor Charlotte at an event Mr. KUCINICH. Madam Speaker, I rise on Wednesday, September 17th in Flint. today in honor of Nick ‘‘Sonny’’ Nardi, and in f The League of Women Voters gives the appreciation of his outstanding dedication to PERSONAL EXPLANATION ‘‘Making Democracy Work’’ Award to a Flint social justice and workers rights. I, along with female community leader. Charlotte Williams the Parma Democratic Party, join in recog- was chosen to be the first recipient. Charlotte nizing Sonny for his invaluable leadership in HON. CAROLYN B. MALONEY was elected as a Genesee County Commis- the Democratic Party, as he is being honored OF NEW YORK sioner in 1968. She was the first black female as the 2008 Parma Democrat of the Year. IN THE HOUSE OF REPRESENTATIVES elected to the position. She went on to be- Sonny, a native of the Greater Cleveland Tuesday, September 16, 2008 come the first female Chair of the Board. She area, has a multifaceted history of leadership became active in the National Association of and social service. He graduated from Parma Mrs. MALONEY of New York. Madam Counties and served on several State and High School in 1978 and joined the Inter- Speaker, on September 15, 2008, I missed local committees. Her work with the National national Brotherhood of Teamsters Local 416 rollcall votes numbered 589, a resolution hon- Association of Counties culminated in being here in Parma in 1981. Since joining Local oring the dedication and outstanding work of elected president of that body in July 1978, 416, Sonny has demonstrated his dedication military support groups across the country for and she served one term. Charlotte also to workers rights in the various leadership their steadfast support of the members of our chaired a workshop at a White House Con- roles he has held over the past twenty-seven Armed Forces and their families; 590, a reso- ference on ‘‘Balanced Growth and Economic years. From 1986 to 1989, he was the Trustee lution honoring the 28th Infantry Division for Development’’ and contributed to White House and Business Agent. He became Vice Presi- serving and protecting the United States; and briefings during the terms of four Presidents. dent of Local 416 in 1992, a position he held 591, a bill to extend the authority of the Sec- She retired from the Board of Commissioners for three years, until becoming Secretary- retary of Education to purchase guaranteed in 1980. Treasurer in 1996. Sonny held the position of student loans for an additional year, and for Charlotte is the Vice Chairperson of the Secretary-Treasurer for ten years and just last other purposes. Board of Stewards at Quinn Chapel AME year, he became Local 416’s President and Had I been present, I would have voted Church and has been an active member for Principal Officer. ‘‘yea’’ on rollcall votes 589, 590, and 591.

VerDate Aug 31 2005 06:51 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A16SE8.023 E16SEPT1 rfrederick on PROD1PC67 with REMARKS September 16, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E1803 HONORING COMMANDER JOSEPH Drinkhouse for his 40 years of service to our ergy needs to the state’s electric cooperatives. R. DRINKHOUSE FOR HIS SERV- country and wish him the best of luck in his fu- North Carolina’s electric cooperatives provide ICE IN THE UNITED STATES ture endeavors. energy to 2.5 million people in 93 of 100 coun- NAVY RESERVE f ties, primarily in rural parts of the State. The electric cooperatives own and maintain 95,000 HON. ROBERT E. ANDREWS IN HONOR OF GLENN W. KRUEGER miles of power lines, by far the most of any OF NEW JERSEY electric utility in North Carolina. IN THE HOUSE OF REPRESENTATIVES HON. DENNIS J. KUCINICH Generation and transmission cooperatives OF OHIO across the nation are already working to fur- Tuesday, September 16, 2008 IN THE HOUSE OF REPRESENTATIVES ther develop renewable resources and many Mr. ANDREWS. Madam Speaker, I rise Tuesday, September 16, 2008 are purchasing renewable energy credits. today to honor Commander Joseph R. NRCO provides expertise and information for Drinkhouse for his 40 years of service in the Mr. KUCINICH. Madam Speaker, I rise today in honor of Glenn W. Krueger on the oc- participating co-ops and provides the oppor- United States Navy Reserve. As he nears his tunity to match the needs of some coopera- official retirement on January 1, 2009, Com- casion of his retirement, and in recognition of his outstanding commitment to his country, his tives with the practical potential of others. mander Drinkhouse deserves respect and ap- It is anticipated that NRCO will work with family, and his community. Glenn is retiring as preciation for his long service in the United the North Carolina’s electric cooperatives’ Fire Chief after 41 years of dedicated service States Armed Services. newly formed renewable company, GreenCo to the city of Brook Park. Commander Drinkhouse served the first 12 Solutions, Inc., to identify cost-effective years of his Navy career as an enlisted intel- Glenn Krueger has an immeasurable track record of community and public service. Prior projects and opportunities to purchase renew- ligence specialist first class. During this time, able energy credits that will benefit consumers his responsibilities increased as he served as to becoming a fire fighter in Brook Park, Ohio in 1967, he served in the United States Navy in the future. an intelligence analyst, team leader, group By working closely together and sharing in- leader, and leading petty officer. In 1980, from 1960 to 1963. He was hired as a fire fighter for the city of Brook Park on September formation, these electric cooperatives will able Commander Drinkhouse received a direct to minimize investment risks and maximize the commission as an intelligence officer with the 15, 1967. Fire fighters often endure long work hours and dangerous conditions when re- benefits. This is an important effort with enor- rank of lieutenant, junior grade. mous potential to help move America toward Commander Drinkhouse received full cre- sponding to emergency calls. Fire fighters put their lives on the line everyday to protect and energy independence. dentials as an officer agent in 1986, while Madam Speaker, I ask all my colleagues to serving in the Naval Investigative Service Re- serve the community; and are often the first emergency workers to respond to critical situa- join me in applauding the important out- serve Unit 0893. He supervised an investiga- standing collective and collaborative efforts of tive team and conducted criminal investigations. In addition to protecting the public from hazardous situations, many fire fighters like the North Carolina Electric Membership Cor- tions, including witness and suspect inter- poration and the National Renewable Co- views, scene processing, and evidence collec- Glenn become certified EMT’s in order to provide medical treatment at the scene. Glenn operatives Organization. tion. Commander Drinkhouse was transferred f to Reserve Intelligence Area 15 in 1997, was promoted to Lieutenant in 1973 and where he set up a team of officers and agents served as a certified EMT for 6 years. He was IN HONOR OF RON BROWN to take part in joint task force exercises as again promoted in 1986, this time as Captain counterintelligence scriptors. For his service of the Brook Park Fire Department. He would serve in that position for 13 years, until his HON. DENNIS J. KUCINICH during this time, Commander Drinkhouse was OF OHIO awarded the prestigious Navy and Marine promotion to Fire Chief 8 years ago. Glenn and his wife Carol Jaye have been IN THE HOUSE OF REPRESENTATIVES Corps Commendation Medal from the Sec- married for 46 years and have resided in the Tuesday, September 16, 2008 retary of the Navy. Over the past decade Commander city of Brook for the last 36 years. They have Mr. KUCINICH. Madam Speaker, I rise Drinkhouse has completed multiple deploy- five children; Christi, Tricia, Rebecca, Glenn today in honor of Ron Brown, and in recogni- ments to Bahrain in the Middle East. In 2001, and Scott; and have six grandchildren; Cory, tion of his work for social justice and dedica- he provided force protection support to the Alicia, Rob, Leah, Jeremy and Jordan. tion to the Parma Democratic Party. I, along Madam Speaker and colleagues, please join Naval Criminal Investigative Service Middle with the Parma Democratic Party, recognize me in honor of Glenn W. Krueger, and in rec- East Field Office. Commander Drinkhouse Ron as the Parma Democrat Volunteer of the ognition of his exceptional leadership and also wrote and headed terrorist based exploi- Year. dedication to the city of Brook Park, on the oc- tation assessment operations and vulnerability Ron has an immeasurable track record of casion of his retirement as a fire fighter after assessments while stationed in Bahrain. community and public service in the local 41 years of service. These services earned Commander Democratic Party and for the city of Parma. Drinkhouse two additional Navy and Marine f He graduated from Valley Forge High School Corps Commendation Medals from the Sec- IN RECOGNITION OF THE NA- in Parma Heights in 1996 and continued his retary of the Navy. In addition, Commander TIONAL RENEWABLE COOPERA- education at Cuyahoga Community College, Drinkhouse provided force protection support TIVES ORGANIZATION where he earned a degree in business admin- at Camp Lejuene in North Carolina. istration. His dedication to serving the resi- Over his long career Commander HON. G.K. BUTTERFIELD dents of Parma is demonstrated by his 14 Drinkhouse has won many awards, including years of public service for the city of Parma. OF NORTH CAROLINA the Navy and Marine Corps Commendation He currently works as a case manager for the IN THE HOUSE OF REPRESENTATIVES Medal with two Gold Stars, the Navy Unit Parma Public Housing Department and is al- Commendation Ribbon, the Navy Reserve Tuesday, September 16, 2008 ways at the forefront of activism on behalf of Meritorious Service Medal with two Bronze Mr. BUTTERFIELD. Madam Speaker, on the citizens of Parma. Stars, the National Defense Service Medal the day that the House is considering far- Ron earns the award of Parma Democrat with two Bronze Stars, the Armed Forces Ex- reaching legislation that encourages the devel- Volunteer of the Year for his enthusiasm and peditionary Medal with Bronze Star, the Global opment of renewable energy please join me in commitment to the Parma Democratic Party. War on Terrorism Expeditionary Medal, the applauding the efforts of the National Renew- For years, Ron has worked diligently with the Global War on Terrorism Service Medal, the able Cooperatives Organization (NRCO). community on voter registration and has vol- Military Outstanding Volunteer Service Medal, The North Carolina Electric Membership unteered as a precinct chairman. A familiar and the Navy Expert Rifle Medal and Navy Corporation (NCEMC) recently announced its face to many in the community, he has gone Sharpshooter Pistol Ribbon. participation in the efforts of this newly formed door-to-door, volunteered at polls and can- Madam Speaker, Commander Drinkhouse is national cooperative to help electric coopera- vassed for all the democratic elected officials an excellent role model for young Americans tives develop renewable energy resources in Parma. Ron has been a tremendous volun- considering serving in the United States through projects and infrastructure improve- teer and leader for the local Democratic Party. Armed Forces. He is an inspiration to service ments. Madam Speaker and colleagues, please join members everywhere, and to all citizens of NCEMC is a generation and transmission me in honor of Ron Brown, and in recognition our great nation. I commend Commander cooperative that supplies all or part of the en- of his commitment to social justice and public

VerDate Aug 31 2005 06:51 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A16SE8.027 E16SEPT1 rfrederick on PROD1PC67 with REMARKS E1804 CONGRESSIONAL RECORD — Extensions of Remarks September 16, 2008 service, as he is named this years Parma pantry and more. Staying current with out- Americans and Bulgarians, the organizers of Democrat Volunteer of the Year. reach and news, through technology, is impor- this festival hope and believe that it will have f tant to Pastor Judy; a Web site was created as positive an impact on an international level. at her suggestion and ‘‘A Place of Grace’’ e- Not only are the United States and Bulgaria TRIBUTE TO PASTOR JUDITH mails are disseminated to hundreds of parish- allies, but we share common values and a be- HANLON ioners and colleagues weekly to promote the lief in freedom. The Songs of Life International important work of the church. Choir Festival is a platform to share these val- HON. JAMES P. McGOVERN Further, the church family has been active ues with the rest of the world. OF MASSACHUSETTS in the fight against HIV/AIDS; provided assist- I wish to commend Kalin and Sharon IN THE HOUSE OF REPRESENTATIVES ance to Hurricane Katrina and Rita victims Tchonev for their hard work in strengthening Tuesday, September 16, 2008 through the Hope Shall Bloom Project; orga- tlhe partnership between the United States nized and inspired youth to do service work in and Bulgaria. Mr. MCGOVERN. Madam Speaker, I rise South America and in their community; dou- f today to pay tribute to Pastor Judith Hanlon of bled its food pantry to be able to serve the the Hadwen Park Church, a United Church of hungry; and provided assistance to countless IN HONOR OF THE EL HASA Christ Open and Affirming parish, located in people in need from the congregation and in TEMPLE #28 Worcester, Massachusetts. She will be for- the Greater Worcester area. Pastor Hanlon mally ordained on Sunday, September 14, has also been a tireless advocate for the HON. DENNIS J. KUCINICH 2008. rights of the GLBT community in her parish, OF OHIO Pastor Judith Hanlon has distinguished her- the community and the State. Pastor Judy has IN THE HOUSE OF REPRESENTATIVES self as a passionate champion for equal rights been a leader in the effort to promote equal Tuesday, September 16, 2008 by fighting for social justice in the Worcester marriage and helped spearhead the ‘‘Equal community and abroad. Raised in Indiana Marriage: The Freedom to Marry Coalition in Mr. KUCINICH. Madam Speaker, I rise along with six siblings, she was greatly influ- Massachusetts’’ initiative. Recently, several today in honor of the El Hasa Temple #28 An- enced by her upbringing in the Pentecostal immigrants, fleeing from abuse in their country cient Egyptian Arabic Order Nobles of the church in which her father was a minister. She of Jamaica because of their sexual orientation, Mystic Shrine, A.E.A.O.N.M.S., on the occa- has two daughters and raised them as a sin- turned to a safe and welcoming haven with sion of their one-hundredth anniversary. The gle mother, a noteworthy inspiration to her pa- Pastor Judy and Hadwen Park church. As a members of El Hasa Temple #28 celebrate rishioners. Her deep faith is complemented by result, she now helps to lead local efforts to this grand anniversary with their 46th annual her amazing talent and love of music. For 25 promote human rights for GLBT people in Ja- Potentate Ball. I also rise in honor of El years, Pastor Hanlon directed and accom- maica. For her work on these issues she was Hasa’s current Illustrious Potentate, Andrew D. panied singing groups at the Salem Covenant awarded the Safe Homes ‘‘People of Courage White, and in recognition of his outstanding Church in Worcester, Massachusetts. Playing Award’’ in 2006. leadership and dedication to the community. the piano at age 5 and writing music by the Madam Speaker, I commend this amazing, El Hasa Temple #28 A.E.A.O.N.M.S. was age of 9, her musical talent helps to promote grace-filled, and inspiring leader of faith for her founded on November 19, 1908, when it ob- her faith and desire for justice. She has pro- dedication to making the Worcester area and tained its Charter from the Imperial Council. duced two CDs of social justice Christian our world a better place, and I ask all my col- The Charter was delivered to Charles E. Gor- music. After retiring at the age of 45 from her leagues to join me in offering her congratula- don, who became El Hasa’s first Illustrious Po- marketing representative career at Verizon— tions on her ordination. tentate. On the occasion of El Hasa’s one- formerly ATT, Pastor Hanlon then pursued her f hundredth anniversary, I also rise in honor of second calling as a pastor. H.H. Franklin, the 25th Illustrious Potentate, Serving as the pastor of the Hadwen Park IN RECOGNITION OF THE SONGS F.D. Armstead, the 50th Illustrious Potentate, Church since 2000, she quickly and easily OF LIFE INTERNATIONAL CHO- and LaVon McCall, the 75th Illustrious Poten- gained the love of her community by wel- RAL FESTIVAL tate. El Hasa is part of an international frater- coming all persons with her witty and devoted nity built on the values of fellowship, philan- personality, her positive attitude, and HON. JOE WILSON thropy and community. During Christmas each celebratory style. Pastor Judy is courageous in OF SOUTH CAROLINA year, members of El Hasa Temple #28 dis- her work for social justice, articulate, inspiring, IN THE HOUSE OF REPRESENTATIVES tribute Christmas baskets to the economically and often very funny with her messages of disadvantaged in the Greater Cleveland Area. Tuesday, September 16, 2008 love, faith, and overcoming challenges to find Madam Speaker and colleagues, please join the positive side of life. And she is respectful Mr. WILSON of South Carolina. Madam me in honor of El Hasa Temple #28, as they of all people—even in times of disagreement. Speaker, Bulgaria is an ally of the United celebrate their one-hundredth anniversary dur- She is extremely well known for her commit- States, and this Congress has recognized the ing their annual Potentate Ball, and in recogni- ment to and celebration of diversity. Gracelift Bulgarian people for preserving and continuing tion of the outstanding community work its is her signature e-mail name; it appropriately their tradition of ethnic and religious tolerance, members contribute to the Greater Cleveland depicts Pastor Judy and her work. Most recently, the House of Representatives Area. Under her leadership, Hadwen Park Church passed House Resolution 1383, which recog- f proudly moved to become an Open and Af- nized the 100th anniversary of the independ- firming parish to show and tell the world that ence of Bulgaria. RECOGNIZING NEAL SUNDEEN, ‘‘all are welcome’’ at HPC—people of all eth- Through a grassroots movement organized JOHN ALDECOA AND PAUL nic and cultural backgrounds, sexual orienta- by Kalin and Sharon Tchonev of Lexington, GRIFFEN, AMERICAN LEGION DE- tion, ages, family make up and physical mobil- South Carolina, the American-Bulgarian part- PARTMENT OF ARIZONA, ADVO- ity challenges. She led the way to cast—wide nership continues to strengthen. Kalin and CACY FOR THE G.I. BILL open—the welcoming doors. As a result, the Sharon have founded the Songs of Life Inter- church membership has more than doubled, to national Choral Festival to be held this No- HON. HARRY E. MITCHELL the point where the former little white church vember 21st through December 1st. The fes- OF ARIZONA at the corner of Knox and Clover Streets in tival will include performances in Plovdiv and IN THE HOUSE OF REPRESENTATIVES Worcester could not accommodate the grow- Sofia, Bulgaria, as well as Tel Aviv and Jeru- ing stream of Sunday attendees or committee salem, Israel. It marks the 65th anniversary of Tuesday, September 16, 2008 meetings and events. As such she inspired the historic rescue of Bulgaria’s Jews during Mr. MITCHELL. Madam Speaker, I rise and believed that the mighty little congregation the Holocaust and serves as an opportunity to today to recognize Mr. Neal Sundeen, Mr. could achieve a million-dollar capital campaign connect citizens from these nations on cul- John Aldecoa and Mr. Paul Griffen, three indi- and expansion project. She was right; the tural, educational, and spiritual levels. Songs viduals from my district whose leadership roles project was successfully completed within a of Life will bring together choirs, musicians, in The American Legion was instrumental in short, and miraculous, 2-year time frame. With educators, and students from around the building broad bi-partisan support for the new the ongoing work of the church, it looks like world. 21st Century G.I. Bill of Rights. These three another expansion is needed for meeting Just as our sister-city relationships serve to men deserve the admiration of their state and rooms and child care needs, the growing food advance friendships and understanding among nation for their efforts to improve the lives of

VerDate Aug 31 2005 06:51 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\K16SE8.012 E16SEPT1 rfrederick on PROD1PC67 with REMARKS September 16, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E1805 Veterans. I commend them for their tireless North Coast’s commitment to corporate re- Colette, and finally served as Music Minister at service and sacrifice to this country. sponsibility and to their community are the St. Edith. This year, with the passage of the G.I. Bill, most impressive. On August 17, 2008, Barbara passed away. 1.5 million post-9/11 military veterans will have Led by Bruce Leetz, North Coast Distrib- A beloved mother, grandmother, daughter, access to a college education. This legislation uting has always been committed to promoting and sister, she is survived by her husband will help fulfill the obligation America has to responsible consumption and in giving back to William, sons Patrick and Christopher, daugh- those with honorable wartime service. As a the community, as is evidenced by their par- ter Cherlyn Sellepack, and grandchildren Mi- member of the Veterans Affairs Committee ticipation in the upcoming innovative session. chael, John, Carolann, and Julianna. Known and the Chairman of the Subcommittee on A graduate of Valparaiso High School and Ball by her friends and family for her generosity, Oversight and Investigations I regard this as State University, Bruce has been employed her strength, and her smile, Barbara faced the most important piece of veteran’s legisla- with North Coast for over 45 years. In 1970, cancer with dignity and courage, never losing tion in a generation. Bruce took over as President of the company, her faith or friendship for all. St. Edith Church I commend Mr. Sundeen, Mr. Aldecoa and and his accomplishments, as well as the suc- was graced by her music and her smile for 23 Mr. Griffen for their selfless dedication to the cess of North Coast, have been astonishing. A years. Barbara Colbeck’s music will live on in advancement of this legislation. These gentle- true expert and legend in the industry, Bruce the memory of those who knew her. men have worked in the State of Arizona, as has served in many capacities, including: well in Washington, to make their elected offi- membership on the National Beer Wholesalers Madam Speaker, Barbara Colbeck is re- cials fully aware of the importance of this bill. Association’s Executive Board, as President of membered as a musician, cantor, teacher, The grassroots efforts of these three men the Indiana Beverage Alliance for ten years, mentor, and friend. Today, as we bid her fare- will help this new generation of returning and as Chairman of both the Miller and Coors well, I ask my colleagues to join me in mourn- servicemembers make a more successful tran- Distributor Councils. Like his company, Bruce ing her passing and honoring her lifetime of sition back to civilian life. This will not only has always been an active participant in his contribution to our community. benefit those veterans, it will also provide a community as well, having served on the tremendous boost to our nation’s economy boards of the Northwest Indiana Forum, the f and productivity. The new G.I. Bill keeps our Valparaiso Chamber of Commerce, and the promise to provide better educational opportu- Northwest Indiana Entrepreneurship Academy. TRIBUTE TO STEPHEN L. LANZA nities to the men and women who have val- He is also a past president of the Porter OF THE BUFFALO POLICE DE- iantly protected this country and its liberties. County United Way and the Valparaiso Rotary PARTMENT Madam Speaker, please join me in recog- Club, and he is a Ruling Elder at the First nizing these gentlemen for their efforts and Presbyterian Church in Valparaiso. their continued dedication to America’s vet- For his service to his community and his HON. BRIAN HIGGINS erans. commitment his industry, both economically OF NEW YORK f and socially, Bruce has received many accolades throughout the years. To name a few of IN THE HOUSE OF REPRESENTATIVES MR. BRUCE LEETZ AND NORTH these, in 2004, Bruce was recognized as a Tuesday, September 16, 2008 COAST DISTRIBUTING Miller Legend, a lifetime achievement award that is the Miller Brewing Company’s highest Mr. HIGGINS. Madam Speaker, I am HON. PETER J. VISCLOSKY honor. Also, in 2005, then Governor Frank pleased today to honor the accomplishments OF INDIANA O’Bannon presented him with the Sagamore of Officer Stephen L. Lanza of the Buffalo Po- IN THE HOUSE OF REPRESENTATIVES of the Wabash award, one of the highest hon- lice Department. He is truly one of Buffalo’s Tuesday, September 16, 2008 ors awarded by the Governor of the State of finest, a loving son, an outstanding dad, a Indiana. Mr. VISCLOSKY. Madam Speaker, it is with great brother, a wonderful neighbor and a Madam Speaker, at this time, I ask that you loyal friend and a dedicated police officer. pleasure that I stand before you today to rec- and my other distinguished colleagues join me ognize one of Northwest Indiana’s exemplary in congratulating Bruce Leetz and North Coast Throughout Lanza’s service as a Police Offi- companies. For nearly seventy years, North Distributing on their success throughout the cer, he exemplified the term ‘‘public servant.’’ Coast Distributing has been a leader in the years and honoring them on their commitment After being appointed to the Buffalo Police De- Northwest Indiana business sector, and while to the people of Northwest Indiana. Bruce and partment in 1985, Lanza spent the next twen- the company has seen much success, it is the entire team at North Coast Distributing are ty-three years of his life dedicated to the peo- what they have done to give back to the com- to be commended for their dedication to imple and city he was sworn to protect. For munity that makes them so vital to Northwest proving Northwest Indiana. twelve of those years Steve served as a dele- Indiana. For the third straight year, North f gate to the Patrolmen’s Benevolent Associa- Coast, in conjunction with Ivy Tech Commu- tion and unselfishly volunteered as a delegate nity College of Northwest Indiana, will be pro- HONORING THE LIFE AND MEM- to several committees, including the Political viding the community with their ‘‘Fall ORY OF MRS. BARBARA Action Committee where he interviewed polit- Innovators Cafe’’ in an effort to share their ex- COLBECK ical candidates assessing who was most com- pertise in operating a successful organization mitted to public safety and making Western with regional and community leaders. This HON. THADDEUS G. McCOTTER New York a better community. special event will take place on Thursday, OF MICHIGAN Our community owes Officer Lanza a debt September 25, 2008. IN THE HOUSE OF REPRESENTATIVES of gratitude for his tireless dedication to mak- A local, family-owned beer wholesaler since ing South Buffalo a finer and safer place to 1939, North Coast Distributing, formerly Valpo Tuesday, September 16, 2008 live. He is currently a member of the Inter- Beverages, Incorporated, has become one of Mr. MCCOTTER. Madam Speaker, today I national Police Association, Region 1, the 901 the premier distributors in the Midwest. The rise to honor the extraordinary life of Barbara Social Service Organization West Seneca success they have seen, under the leadership Colbeck upon her passing at the age of 64. of President and Chief Executive Officer Bruce For almost 50 years Barbara dedicated her Chapter, and President of the Italian American Leetz, is in large part due to the core values life to liturgical music and her community. Police Association. Lanza also contributes to of North Coast: Passion for business, Respect Born and raised in Detroit, Barbara attended the Federation of Italian American Societies for each other and surroundings, Integrity to Saint Lawrence Grade School and Holy Re- and as a religious education instructor at demonstrate the highest ethical and moral deemer High School. There, she would meet Queen of Heaven Roman Catholic Church. He standards, Commitment to achieve goals, and and fall in love with her high school sweet- is also an avid political activist and volunteer. in Excelling in everything they do. This com- heart William. They married, and spent 40 Madam Speaker, I want to thank you for this mitment to excellence has led to many acco- wonderful years together. A resident of opportunity to honor Officer Lanza for his dedi- lades at the local, state, and national levels for Livonia, Barbara began to play piano and cated service career on the Buffalo Police De- North Coast, who in 2007 became the first dis- organ at St. Lawrence when she was in 7th partment. I ask my colleagues to please join tributor to win both the Miller and Coors top grade. For 49 years she played at Detroit area me in wishing Officer Stephen L. Lanza and distributor awards. While the many awards Churches. She played liturgical music at St. his family continued good health and happi- they have received are outstanding enough, Simon, St. Jude, was First Organist at St. ness in the years to come.

VerDate Aug 31 2005 06:51 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\K16SE8.014 E16SEPT1 rfrederick on PROD1PC67 with REMARKS E1806 CONGRESSIONAL RECORD — Extensions of Remarks September 16, 2008 HONORING BRIAN BLANCH his education at Morgan State University in three children, Joseph II, Ryan Christopher Baltimore, Maryland and received a Master of and Regina Maria. He has four grandchildren; HON. SAM GRAVES Arts Degree in Mathematics in 1972. He re- Joseph E. III, Ryan C, Jaylen C, and Mac- OF MISSOURI ceived a Doctor of Education Degree in Stu- kenzie A. IN THE HOUSE OF REPRESENTATIVES dent Personnel Administration from the Uni- Madam Speaker, I ask you and my col- versity of South Carolina in 1987. He also leagues to join me in celebrating the achieve- Tuesday, September 16, 2008 studied Physics at Wake Forest University in ments of Dr. Joseph E. Heyward and con- Mr. GRAVES. Madam Speaker, I proudly North Carolina and was awarded an Honorary gratulate him on his recent honor. His life is a pause to recognize Brian Blanch of Liberty, Doctor of Humanities by Francis Marion Uni- testament to the results of hard work, dedica- Missouri. Brian is a very special young man versity in Florence, South Carolina. tion and commitment. who has exemplified the finest qualities of citi- While at Hampton University, Joseph E. f zenship and leadership by taking an active Heyward joined Alpha Phi Alpha Fraternity part in the Boy Scouts of America, Troop through the Gamma Iota Chapter. He then HONORING STEVEN SCOTT 1134, and earning the most prestigious award joined the Delta Kappa Lambda Chapter in SWANEY of Eagle Scout. Florence after his return from a two-year mili- Brian has been very active with his troop, tary tour of duty in Europe. Joseph E. Hey- HON. SAM GRAVES participating in many scout activities. Over the ward has been a active member in his local OF MISSOURI many years Brian has been involved with chapter since 1967 and has served as its IN THE HOUSE OF REPRESENTATIVES president, secretary and is currently its treas- scouting, he has not only earned numerous Tuesday, September 16, 2008 merit badges, but also the respect of his fam- urer. ily, peers, and community. In his community and civic involvement, Jo- Mr. GRAVES. Madam Speaker, I proudly Madam Speaker, I proudly ask you to join seph E. Heyward serves as president of four pause to recognize Steven Scott Swaney of me in commending Brian Blanch for his ac- housing boards of directors, a Rotarian, Kansas City, Missouri. Steven is a very spe- complishments with the Boy Scouts of Amer- Wachovia Bank of South Carolina Advisory cial young man who has exemplified the finest ica and for his efforts put forth in achieving the Committee, South Carolina Genetics Board of qualities of citizenship and leadership by tak- highest distinction of Eagle Scout. Directors, South Carolina Housing Advisory ing an active part in the Boy Scouts of Amer- f Board, a former member of the South Carolina ica, Troop 301, and earning the most pres- State Board of Accountancy and former mem- tigious award of Eagle Scout. PERSONAL EXPLANATION ber of the Florence Symphony Board. Steven has been very active with his troop, Dr. Heyward is a member of Cumberland participating in many Scout activities. Over the HON. BILL SHUSTER United Methodist Church in Florence, SC. He many years Steven has been involved with OF PENNSYLVANIA serves as the Conference Lay Leader for the Scouting, he has earned not only numerous IN THE HOUSE OF REPRESENTATIVES South Carolina Conference of the United merit badges, but also the respect of his fam- Methodist Church and chairs the Board of ily, peers, and community. Tuesday, September 16, 2008 Laity. He has attended the past six General Madam Speaker, I proudly ask you to join Mr. SHUSTER. Madam Speaker, on rollcall and Jurisdictional Conferences of the United me in commending Steven Scott Swaney for Nos. 589, 590, and 591, I was not present. Methodist Church and currently is the Vice his accomplishments with the Boy Scouts of Had I been present, I would have voted ‘‘yes’’ Chair of the Southeastern Jurisdictional Asso- America and for his efforts put forth in achiev- on rollcall No. 589, ‘‘yes’’ on rollcall No. 590, ciation of Annual Conference Lay Leaders. He ing the highest distinction of Eagle Scout. and ‘‘yes’’ on rollcall No. 591. also served one quadrennial as a member of f f the General Council on Finance and Adminis- tration for the Methodist Church and currently LIEUTENANT COLONEL CLEMENT TRIBUTE TO DR. JOSEPH E. he is the member of the General Board of C. VAN WAGONER DEPARTMENT HEYWARD Pension and Health Benefits for the United OF VETERANS AFFAIRS CLINIC Methodist Church and its Executive Com- SPEECH OF HON. JAMES E. CLYBURN mittee. OF SOUTH CAROLINA Professionally, Dr. Heyward has taught HON. BART STUPAK IN THE HOUSE OF REPRESENTATIVES mathematics and physics on the high school OF MICHIGAN level and served as Assistant Principal and Tuesday, September 16, 2008 IN THE HOUSE OF REPRESENTATIVES Principal of a middle school. In 1973 he joined Monday, September 15, 2008 Mr. CLYBURN. Madam Speaker, I rise the staff of Francis Marion University and went today to pay tribute to this exceptional public on to hold the position of Director of the Uni- Mr. STUPAK. Mr. Speaker, I rise today in servant and advocate, who has proudly served versity Center and Area Representative for support of S. 2339, a bill to name the Depart- his community and the State of South Caro- U.S. Senator Ernest ‘‘Fritz’’ Hollings from ment of Veterans Affairs community-based lina. Dr. Joseph E. Heyward was recently ac- 1978–1980. In 1980 he was recruited and ac- outpatient clinic in Alpena, Michigan, after LTC knowledged for his service and awarded with cepted the position of Assistant Super- Clement C. Van Wagoner. The Alpha Award of Honor and Merit by the intendent for instruction for Florence District I would like to thank Chairman FILNER and Alpha Phi Alpha Fraternity on July 20, 2008. One. He held that position for three years and Ranking Member BUYER for their support of This award was given to Dr. Joseph E. Hey- in 1983 returned to Francis Marion University this legislation. ward because of his courage, vision, wisdom as Vice President. As a member of the admin- Clement C. Van Wagoner, a native of and independence of thought and action which istration at Francis Marion, Dr. Heyward Alpena County, is one of Michigan’s most characterizes the best leadership in American served as Interim Provost of that university on highly decorated veterans of WorId War II. He life. He has distinguished himself through his three separate occasions. He retired from the distinguished himself as commander of the A spirituality, profession and culture. This award University in June 2006 as Senior Vice Presi- Co., First Battalion, 18th Infantry Regiment, recognizes contributions he has made through dent for Student Affairs. 1st Infantry Division, serving 600 days of com- his ideas, ideals and work. In addition to the many accomplishments bat and returning to battle after being wound- Dr. Joseph E. Heyward is the fourth of five and community involvements listed above, Dr. ed five separate times. children and the youngest son of John Wayne Heyward is a member of the NAACP, Phi Mr. Van Wagoner was one of only 32 sur- and Wilhelmena Wright Heyward. He was Kappa Phi Honor Society, Omicron Delta vivors of the 1,800 soldiers who landed with born in Florence, South Carolina and edu- Kappa National Leadership Honor Society, the 1st Infantry Division at Omaha Beach on cated in the public school system, graduating and Beta Gamma Sigma Honor Society. He D-day. from Wilson Senior High with recognition for has also held membership in the National As- He was the recipient of the Combat Infantry his academic excellence and leadership abil- sociation of Student Personnel Administrators, Badge, four Silver Stars, seven Bronze Stars, ity. Southern Association of College Student Af- five Purple Hearts, the Soldier’s Medal, and After High School, Dr. Heyward attended fairs, and the South Carolina College Per- many others. Hampton Institute in Virginia. He received a sonnel Association. However, Mr. Van Wagoner’s service did Bachelor of Science Degree in Mathematics Dr. Heyward is supported by his wife of 38 not stop after returning home. He continued to with a minor in Physics in 1963. He continued years, the former Evelyn Sargent, and their serve the State of Michigan and his country

VerDate Aug 31 2005 06:51 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\K16SE8.018 E16SEPT1 rfrederick on PROD1PC67 with REMARKS September 16, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E1807 honorably as a member of the Michigan Army Brothers.’’ My wife and I had joined the and their families will finally receive the honor National Guard. The governor requested that ‘‘Band of Others,’’ who would be waiting at they have deserved for so long. Approximately he re-establish and command an Army Na- home. Both those going, and those left be- 900 men and women from Missouri lost their hind, carry the War on Terror in a personal tional Guard unit in Alpena, which he com- way. lives to protect the Republic of South Korea manded until he retired in 1967. Still, those of us left behind need to see between 1950 and 1953. Mr. Van Wagoner was an outstanding mem- something of what our soldiers see, and not I would like to thank the Kansas City Parks ber of his community, a local hero, and a only what is offered us in the news. To that and Recreation Department for donating the great American. His son, Clayton, has carried end, here is one story our son, Luke, shared land, as well as the individual donors who on the family tradition of national service as a with us by phone, that must be shared with made this memorial possible. The memorial member of the Army Reserve. anyone who claims an interest in what our will serve as a beautiful site to pay tribute to Clement C. Van Wagoner passed away in soldiers are doing in the Middle East. the veterans of the Korean war and I look for- Stationed outside a city on the Tigris 2007. It is fitting to honor him, his years of River, Luke had accompanied his colonel ward to 2010 when it is completed. service, and his family by naming the Vet- into town as part of a security team, while Madam Speaker, the dedication and sac- erans Affairs clinic in Alpena the ‘‘Lieutenant the colonel spoke with a local sheik. While rifice that these veterans gave in the name of Colonel Clement C. Van Wagoner Department standing guard, Luke noticed a woman ap- freedom is humbling, and it is an honor to of Veterans Affairs Clinic.’’ proaching from behind, and cautiously serve these men and women in Congress. I This legislation has been endorsed by the turned in her direction, his rifle at the ask my colleagues to join me in honoring a Michigan American Legion, Michigan VFW, ready. very elite group of veterans from the great Michigan AMVETS, Michigan DAV, Alpena An interpreter told our son it was OK—the state of Missouri, and to congratulate the city woman just wanted to touch a soldier. Still County Board of Commissioners, City of uneasy, Luke stood still while the woman of Kansas City on the groundbreaking of the Alpena, Township of Alpena, and Alpena reached out her hand and touched his face, Missouri Korean War Memorial. County Veterans Council. tears in her eyes. f I would also like to thank the entire Michi- Looking to the interpreter for meaning, gan House delegation for their support on this our son was told: The woman had simply THE DAILY 45: CHERYL BOOKER legislation and Senators STABENOW and LEVIN ‘‘wanted to touch the face of grace.’’ It for their work on S. 2339. seems this trembling woman, like most of HON. BOBBY L. RUSH the people in her town, looked upon our sol- OF ILLINOIS f diers as angels of grace, sent by God to pro- IN THE HOUSE OF REPRESENTATIVES TOUCHING THE FACE OF GRACE tect her from the violence and oppression her people had come to know up to then. Learn- Tuesday, September 16, 2008 ing this, our son squeezed and kissed the HON. FRANK R. WOLF woman’s hand, and she left, weeping. Mr. RUSH. Madam Speaker, every day, 45 OF VIRGINIA The ‘‘Face of Grace.’’ How many of us, safe people, on average, are fatally shot in the IN THE HOUSE OF REPRESENTATIVES at home debating the politics of the War on United States. Terror, have ever seen our soldiers in such a In Buffalo, New York, two people died in Tuesday, September 16, 2008 light? How many of us have ever even read separate shootings on September 15. One Mr. WOLF. Madam Speaker, I would like to such an uplifting newspaper account of our was 51-year-old Cheryl Booker, who was in- call to the attention of the House an article soldiers? side a lounge early Monday morning when written by my constituent, Mitchell L. Hubbard To be sure, our soldiers are not virtuous she was shot in the upper body. simply by being soldiers. At home in their of Winchester, Virginia, about his son’s experi- ‘‘civvies,’’ they are as unangelic as the rest In the other shooting, a 19-year-old man ence while deployed to Iraq. His son’s story of us. Yet when they voluntarily get into was hit by gunfire from a car and died at the should make us all think about our armed ‘‘full battle rattle’’ (as they call their battle hospital. His name has not yet been released, forces, as well as the police and first respond- gear) in a hot and hostile land, their job is but we don’t need to know his name. We ers, who risk so much to serve us every day. both protective and sacrificial—as angelic a know that it could have been your loved one, TOUCHING THE ‘‘FACE OF GRACE’’: DO WE purpose as humans can take on. People like it could have been mine. HAVE THE ABILITY, OR DESIRE, TO SEE OUR this woman, having suffered years of oppres- Americans of conscience must come to- SOLDIERS IN THE SAME WAY? sion and fear, have eyes and a heart to see gether to stop the senseless death of ‘‘The this, and to desire to ‘‘touch the Face of (By Mitchell L. Hubbard) Daily 45.’’ When will Americans say ‘‘enough Grace.’’ Do we have the ability to see our Whatever your political take on the war in soldiers in the same way? is enough, stop the killing!’’ Iraq, nothing can alter it more than having And not merely our soldiers: Can we see f a loved one in the midst of it. Nor is any- the ‘‘Face of Grace’’ in the police who pro- one’s current perspective balanced until they tect us in every town, day and night? Or in PERSONAL EXPLANATION hear at least some things from a soldier’s the fire and rescue teams who are soldiers in point of view. their own right? My wife and I learned these truths when HON. AL GREEN My wife and I obviously pray that our son OF TEXAS our son—a 2004 Handley graduate—decided to and his ‘‘Band of Brothers’’ will come safely join the Army in 2006. His reasoning was sim- home to their personal ‘‘Band of Others.’’ IN THE HOUSE OF REPRESENTATIVES ple: He wasn’t comfortable knowing that After listening to our son’s experience, Tuesday, September 16, 2008 thousands of others his age were sacrificing though, we have added the prayer that Mr. AL GREEN of Texas. Madam Speaker, their own freedoms to protect his. When he Americans in every community will be given signed up to join those thousands, it changed the eyes and heart to see the ‘‘Face of I was unavoidably detained in my district on our perspective as well. Grace’’ in all who protect our lives and free- Monday, September 15, 2008 because of Hur- Up to that point, it had always been other doms—especially in soldiers like our son. ricane Ike. I missed rollcall votes 589 through peoples’ sons and daughters doing the fight- f 591. Had I been present, I would have voted ing. Now it would be our own child. Natu- ‘‘aye’’ on rollcall 589, ‘‘aye’’ on rollcall 590, rally, no one wants their child to volunteer MISSOURI KOREAN WAR and ‘‘aye’’ on rollcall 591. to go in harm’s way for freedom’s sake. It MEMORIAL was something of a conviction, though, when f my wife and I had to ask ourselves why it SUPPORTING THE EFFORTS OF shouldn’t be our own son in the Middle East, HON. SAM GRAVES AMAVEX AND OTHER VEN- why we should be spared the rituals of anx- OF MISSOURI EZUELANS IN EXILE TO SHOW iety, prayer, hope, and waiting that tens of IN THE HOUSE OF REPRESENTATIVES thousands of other families over here have THE ASSOCIATIONS BETWEEN already endured. Tuesday, September 16, 2008 CHAVEZ AND THE FARC In early June, we flew to Fort Hood, Texas, Mr. GRAVES. Madam Speaker, it is with to see our son deploy for a 15-month tour in great pride and pleasure that I recognize the HON. LINCOLN DIAZ-BALART Iraq. Again, one’s perspective is limited until legacy of the Korean war veterans from the one attends a deploying ceremony for a unit OF FLORIDA of soldiers. Spouses, children, parents, sib- state of Missouri on the day of the IN THE HOUSE OF REPRESENTATIVES groundbreaking of the Missouri Korean War lings, and friends, all crowding a gym, all Tuesday, September 16, 2008 clinging closely to their treasures-in-uni- Memorial. form, accompanied by flags, prayers, cheers, Thousands of soldiers fought courageously Mr. LINCOLN DIAZ-BALART of Florida. I and tears. Our son had joined a ‘‘Band of in the Korean war and now these veterans rise today in support of the efforts of

VerDate Aug 31 2005 06:51 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A16SE8.033 E16SEPT1 rfrederick on PROD1PC67 with REMARKS E1808 CONGRESSIONAL RECORD — Extensions of Remarks September 16, 2008 AMAVEX, a group of Venezuelan exiles who represented New York in the House of Rep- privilege of representing, dairy is an integral work, along with more than thirty non-profit or- resentatives, now in the 21st District. For component of the economy, as there are ap- ganizations, in support of the ‘‘Bring Chavez to nearly 40 years, MIKE has served in public of- proximately 2,000 dairy farms with some Justice’’ campaign. This campaign aims to fice at the local, state, and national level. This 190,000 milk cows dispersed across the 11 highlight the troubling associations between Congress, MIKE announced that he would not counties that comprise the District. Likewise, Venezuelan dictator Hugo Chavez and the seek an 11th term in the House. in 2007, national retail sales of sheep products Marxist-terrorist group known as the Revolu- MIKE has had an impressive career. He first were nearly $768 million. These retail receipts tionary Armed Forces of Colombia, FARC. served as Town Supervisor of Green Island, supported an additional $1.4 billion in eco- The FARC has been listed as a Foreign New York at only 22 years old. He was subse- nomic activity for a total economic impact of Terrorist Organization by the United States quently elected Mayor of Green Island and $2.2 billion. government since 2001. Between 1996 and then to the New York State Assembly. Mike For all of its importance, the dairy industry January 2008, the FARC kidnapped 6,877 was elected to Congress in 1988 and has simply cannot continue to operate at its cur- people including three U.S. citizens who were been known for his honesty and integrity. He rent capacity, let alone expand, without immi- recently liberated by the valiant efforts of Co- has served on a number of important commit- grant workers. Increasingly, the U.S. dairy lombia’s government. Mark Gonsalves, an tees, including the Armed Services Com- workforce is relying upon those born outside American contractor kidnapped and held by mittee, the Executive Committee of the Con- of the United States, with some estimates indi- the FARC for more than five years, described gressional Human Rights Caucus, and the cating that at least 50 percent of all current his ordeal at the hands of his captors and de- Ways and Means Committee, where he is the labor is now foreign-born. Without access to a clared that the FARC are ‘‘terrorists with a Chairman of the Subcommittee on Social Se- stable workforce, many American farms could capital ‘T’.’’ curity. He has traveled to all seven continents. well go out of business. According to an anal- Chavez supports the FARC unashamedly While MIKE’S service to his community and ysis completed by the Farm Credit Associa- proclaims his admiration for this violent ter- nation has been meritorious and incredibly val- tions of New York, over 445 New York dairy rorist group. He described the FARC in Janu- uable, what I have always admired most about farms are highly vulnerable to this situation. In ary 2008 as ‘‘a real army.’’ While his praise is him it the way he has gone about doing his recent years, I have seen this vulnerability first sometimes peppered with halfhearted criti- job here in Congress. Among his colleagues, hand as dozens of constituent dairy farmers cisms of the FARC’s narco-trafficking, MIKE has often been referred to as ‘‘the Quiet have repeatedly shared with me the toll that kidnappings, and violence, his actions betray Gentleman’’ due to the manner in which he the uncertainty associated with the status quo his true intentions. He welcomes the FARC to does business. MIKE has managed to be an is extracting from them. conduct operations along Venezuela’s border effective and fair legislator while treating peo- There is a similar need for year-round with Colombia and does nothing to cooperate ple with respect and acting with dignity, which sheepherders. Given that the U.S. sheep in- with Colombia and the U.S. to combat the ter- is no small feat in Washington. MIKE has al- dustry was unable to secure suffIcient domes- rorist group’s drug trafficking within its borders. ways stayed above the fray and shunned the tic labor to herd range livestock beginning The computers and evidence that came kind of partisan bickering that is far too often decades ago, a regulatory provision was cre- from the raid that killed the FARC’s second in associated with the work of Congress. ated allowing the industry to utilize the H–2A command, Raul Reyes, also resulted in the MIKE is universally admired by his col- program to employ foreign sheepherders. This discovery of evidence showing FARC-Chavez leagues on both sides of the aisle and has measure has proven to be extremely success- associations. Seized computer files reveal served this body with distinction and I know ful. For more than 60 years, more than one- high level connections between the FARC and that I speak for all Members the U.S. House fourth of the nation’s entire sheep flock has senior officials in the Chavez administration. of Representatives when I say that we are been produced by ranchers utilizing sheep- These files, authenticated by INTERPOL, re- honored to have served with him. herders born outside of the United States. veal hundreds of millions of dollars in pay- I want to join MIKE’s wife Nancy, his family, Unfortunately, due largely to its ‘‘temporary ments from the Venezuelan government to the friends, and colleagues in congratulating him or seasonal in nature’’ employment require- FARC. And, as recently as June of this year, today on his impressive career and wishing ment, dairy farmers are currently unable to uti- Colombian officials captured four men, one him well. The United States of America owes lize the H–2A visa program. Thus, it is impera- who was a sergeant in Venezuela’s national a debt of gratitude to MICHAEL MCNULTY for tive that Congress act now to provide Amer- guard, for transporting 40,000 rounds of AK-47 the public service he provided. We will miss ican dairy farmers access to this program ammunition to the FARC in Colombia. him from the New York delegation and from through enacting the Dairy and Sheep H–2A It is often said that one can judge a person the Congress as a whole. We wish him good Visa Enhancement Act of 2008. This measure by the company he keeps. In this context, we luck in his retirement. would codify existing regulatory practices and should all take note that just last Thursday, f allow American sheep ranchers to legally hire while Americans observed the anniversary of foreign workers for an initial period of three the September 11 attacks, Chavez rejected all INTRODUCTION OF THE DAIRY years and additional terms of three years with- semblance of solidarity with the U.S. and our AND SHEEP H–2A VISA ENHANCE- out requiring intervening periods of absence. It battle against terrorism by expelling the U.S. MENT ACT OF 2008 (H.R. 6885) would also allow dairy farmers to hire foreign ambassador from Caracas. Chavez chooses workers on a similar basis. the company of terrorists, drug traffickers, kid- HON. JOHN M. McHUGH Put simply, American dairy farmers need nappers and murderers, and severs diplomatic OF NEW YORK workers now. They can ill afford to wait for ties with the U.S. Chavez is a dictator who IN THE HOUSE OF REPRESENTATIVES Congress to complete its long delayed at- harbors terrorists. Tuesday, September 16, 2008 tempts to enact legislation accomplishing com- Madam Speaker, I rise in support of prehensive immigration reform. Accordingly, I AMAVEX and the efforts of all Venezuelans to Mr. MCHUGH. Madam Speaker, on Sep- urge my colleagues to work with me to help bring the terrorist associations of dictator Hugo tember 11, 2008, I introduced legislation, the American dairy farmers and bolster our na- Chavez to the world’s attention. Dairy and Sheep H–2A Visa Enhancement Act tion’s economy by enacting the Dairy and f of 2008 (H.R. 6885), which is designed to en- Sheep H–2A Visa Enhancement Act of 2008. sure that American dairy farmers and sheep f TRIBUTE TO CONGRESSMAN ranchers can legally hire the employees they MICHAEL MCNULTY need. Very simply, it would provide dairy farm- REMEMBERING LEONARD B. ‘‘BUD’’ ers with access to the H–2A visa program and DOGGETT, JR. HON. CAROLYN McCARTHY codify longstanding regulatory practices that OF NEW YORK currently allow sheepherders such access. HON. FRANK R. WOLF IN THE HOUSE OF REPRESENTATIVES As I have previously mentioned, one cannot OF VIRGINIA overstate the importance of the dairy industry IN THE HOUSE OF REPRESENTATIVES Tuesday, September 16, 2008 to the United States economy. In 2007 alone, Mrs. MCCARTHY of New York. Madam nearly 60,000 commercial dairy farmers pro- Tuesday, September 16, 2008 Speaker, I rise today to recognize Congress- duced 185 billion pounds of milk worth $35.5 Mr. WOLF. Madam Speaker, on August 13, man MICHAEL MCNULTY on the occasion of his billion. This generated more than $140 billion when the Congress was in recess, the Wash- retirement from Congress and also to wish in economic activity and 1.2 million jobs. In ington, DC, region lost one of its great civic him a happy birthday. For 20 years, MIKE has New York’s 23rd District, which I have the leaders when Leonard B. ‘‘Bud’’ Doggett, Jr.,

VerDate Aug 31 2005 06:51 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A16SE8.037 E16SEPT1 rfrederick on PROD1PC67 with REMARKS September 16, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E1809 passed away at the age of 87. Bud will be re- He took over his family’s parking business tion he founded in 1964 that supports families membered by all for his steadfast dedication in the 1950s and began a large push into real of law enforcement officers and firefighters to community, especially through ‘‘Heroes,’’ estate. He bought old rowhouses, which he killed on the job. ‘‘As a police officer with rented as rooming houses before razing them four kids of my own, I can’t even put into the non-profit organization he founded to sup- for parking lots. words how important this program is,’’ Pat- port the families of law enforcement officers He also won federal parking concessions, rick Burke, D.C. assistant police chief, told and firefighters killed on the job. His legacy of including lots for the State Department and us. Heroes has given millions of dollars to civic involvement should be an inspiration to the Environmental Protection Agency. He the families of slain public servants and has all of us. I ask that an editorial in the Wash- later focused on major hotel chains, such as helped put hundreds of children through col- ington Post about Bud’s life, as well as the Sheraton and Hilton. lege. Not bad, for a self-described shanty obituary about him from the same paper, be With other parking barons, such as Irishman from Swamppoodle. Dominic F. Antonelli Jr. of Parking Manage- inserted in the RECORD. We offer our sym- f ment, he forged important business ties to pathies to his family. Capitol Hill. They made campaign donations THE DAILY 45: CHICAGO POLICE L.B. DOGGETT JR.; PARKING TYCOON, CIVIC to legislators including Rep. John L. McMil- OFFICER KILLS HIMSELF AND LEADER lan (D–S.C.), the longtime chairman of the DAUGHTER (By Adam Bernstein) House District Committee, to prevent the L.B. ‘‘Bud’’ Doggett Jr., 87, a publicity- creation of a municipal parking authority. averse D.C. commercial parking magnate He also was board chairman of several HON. BOBBY L. RUSH who emerged in the 1960s as a major civic Washington banks and a director of Pepsi- OF ILLINOIS Cola Bottling. leader and a central backstage figure in poli- IN THE HOUSE OF REPRESENTATIVES tics and community development, died Aug. Ockershausen said Mr. Doggett prohibited 13 at his home in Washington after a heart publicity for his extensive charitable work. Tuesday, September 16, 2008 In 1964, Mr. Doggett founded a nonprofit attack. Mr. RUSH. Madam Speaker, the Depart- Mr. Doggett was president and chief execu- organization, Heroes, that dispenses finan- tive of Doggett Enterprises, the parent cor- cial aid to families of law enforcement offi- ment of Justice tells us that, everyday, 45 poration of Doggett’s Parking, which was cers and firefighters killed in the line of people, on average, are fatally shot in the founded by his parents in 1926. duty. United States. It is with a heavy heart that, It was the city’s first private parking com- John Tydings, a former Board of Trade today, I offer my condolences to the people of pany, and the younger Mr. Doggett guided it president who is involved with Heroes, said my community as I mourn the senseless loss quietly to greater prominence after taking Mr. Doggett gave millions of dollars out of of life of Chicago Police Officer Dannie over in the 1950s. For decades, he was a force his pocket to help 225 law enforcement fami- Marchan, 29, and his daughter, seven-year-old in preventing the District from building mu- lies in the Washington area. nicipally owned parking garages and chal- ‘‘He set the bar high for civic leaders,’’ Alizay. Police report these gun-related deaths lenging private firms, a rarity for a large Tydings said. as a murder suicide with Officer Marchan al- U.S. city. His wife of 57 years, Gladys Denton leged to have taken his own life after shooting Mr. Doggett, who also amassed a large Doggett, died in 1999. A son from that mar- his two children. portfolio of real estate interests, was a domi- riage, Leonard Doggett Ill, died last year. This incident happened yesterday morning nant business figure in the city under the old Survivors include his wife of eight years, and, as of this time, Marchan’s 9-year-old son, federally appointed District Commissioners Cherrie Wanner Doggett of Washington; a whose name has not been released, is still system and during the emergence of elected daughter from his first marriage, Frances fighting for his life with his mother, Officer leaders in the mid-1970s. Foster of Boca Raton, Fla.; a stepdaughter, He liked to joke privately that he was Kristine Harrington of Arlington County; a Marchan’s ex-wife, at his side. ‘‘Shanty Irish,’’ but he was an effective fund- sister, Rose Marie Melby of Gaithersburg; This senseless loss of life should not hap- raiser for politicians on Capitol Hill and in and three grandchildren. pen to anyone. In an instant that can’t be what was then known as the District Build- taken back, Officer Marchan handled his ing as well as a trusted power broker be- [From the Washington Post, Aug. 16, 2008] stresses with a loaded weapon leaving dev- tween the political elite in the city and the BUD DOGGETT astating loss in its wake. federal government. Americans of conscience must come to- His support was considered crucial to the Leonard B. ‘‘Bud’’ Doggett Jr., the parking completion of large ventures, including the lot tycoon and D.C. power broker who always gether to stop the senseless death of ‘‘The John F. Kennedy Center for the Performing had the best interests of the city at heart, Daily 45.’’ When will we say ‘‘enough is Arts and the old Washington Convention probably wouldn’t have liked us writing enough, stop the killing!’’ about him in this space—he shunned pub- Center, heralded as the country’s fourth f largest after it was built in 1982. It was de- licity. But Mr. Doggett, who died Wednesday molished in 2005. at the age of 87, exerted a powerful, mostly INTRODUCTION OF THE BRUCE A key legacy was Mr. Doggett’s belief in unseen and highly beneficial influence on the VENTO BAN ASBESTOS AND PRE- keeping business in the, city despite the dev- District during more than half a century. When he became president of what is now the VENT MESOTHELIOMA ACT OF astating riots of 1968 and later tax increases. 2008 He held high offices with what is now the Greater Washington Board of Trade in 1967, Greater Washington Board of Trade—he most businesses discriminated against mi- served a term as president in 1967—and led norities; Mr. Doggett urged his colleagues to HON. GENE GREEN accept diversity. He spearheaded projects many efforts to rejuvenate downtown. OF TEXAS While leading the board, he helped donate that helped rejuvenate the city’s downtown IN THE HOUSE OF REPRESENTATIVES thousands of dollars’ worth of equipment for slums. City leaders advancing a worthy training courses in typing and hairdressing cause knew that they could count on Mr. Tuesday, September 16, 2008 as well as sports uniforms and toys for resi- Doggett. He would ask, ‘‘Are you sure that’s dents of the Valley Green housing complex all you need?’’ and end the conversation by Mr. GENE GREEN of Texas. Madam in Southeast. saying, ‘‘The check is in the mail.’’ Most re- Speaker, today marks a milestone for the U.S. Longtime broadcasting executive Andy cently, Mr. Doggett was a driving force be- House of Representatives in the fight against Ockershausen said Mr. Doggett was ‘‘a good hind the District’s impressive Hurricane asbestos-related disease. The Bruce Vento negotiator and believed in downtown Wash- Katrina relief efforts. Act is strong and comprehensive legislation to ington. He always felt if downtown was Mr. Doggett’s friends say that his concern prohibit asbestos-containing products in com- thriving, the whole metropolitan area would for the city stemmed from his humble roots. merce. He was born in 1920 and grew up in an Irish thrive. He kept his business here, refused to As chairman of the Subcommittee on the move it out of city.’’ tenement in an area near Union Station that Leonard Brent Doggett Jr. was born Aug. immigrants affectionately called ‘‘Swamp- Environment and Hazardous Materials Sub- 25, 1920, in the District and attended George- poodle.’’ After serving in World War II, he committee, I believe action to eliminate asbes- town Preparatory School. went to work for his parents, who owned a tos-containing products from the U.S. econ- He entered World War II as an Army Air small number of parking lots downtown. Mr. omy and prevent asbestos-related disease is Forces pilot, then transferred to the Army Doggett started out working as a valet, often long overdue. infantry after he was reprimanded for flying babysitting jalopies filled with children We are proud to have the support of the As- under a bridge during training in Texas. while their parents took in a show. He even- bestos Disease Awareness Organization, the As an infantryman, he received decora- tually took over the parking lot business tions for heroism. They included the Bronze from his father and expanded aggressively, Mesothelioma Applied Research Foundation, Star for organizing a defense unit as others amassing a lucrative portfolio of real estate. the AFL–CIO, the American Public Health As- evacuated wounded soldiers from a besieged But Mr. Doggett’s most lasting legacy will sociation, the Environmental Working Group, French village. undoubtedly be Heroes, a nonprofit organiza- and other asbestos organizations.

VerDate Aug 31 2005 06:51 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A16SE8.040 E16SEPT1 rfrederick on PROD1PC67 with REMARKS E1810 CONGRESSIONAL RECORD — Extensions of Remarks September 16, 2008 Since we take this historic step near the end extent possible. While asbestos is a naturally Madam Speaker, I take great pride today in of the 110th Congress, we intend to move the occurring mineral, it does not enter the stream recognizing Ohio’s 2008 Outstanding Older legislation forward next Congress and work of commerce without being brought there by Worker, Dr. Howard Koch. with all parties to address their concerns while economic activity. f maintaining public health protection. As a result, we limit exemptions to situations We are taking this action because many of where very low concentrations of asbestos are IN MEMORY OF JOHN F. our constituents have suffered and passed unavoidable. However, we continue to recog- SEIBERLING away due to asbestosis, mesothelioma, lung nize that U.S. Environmental Protection Agen- cancer and other asbestos-related diseases cy experts and others testified before our HON. MARK UDALL and yet asbestos remains a legal product for Committee that there is no known safe level of OF COLORADO many uses. Many workers in the 29th Con- asbestos and it remains highly toxic even in IN THE HOUSE OF REPRESENTATIVES gressional District of Texas were tragically lost very low concentrations. Tuesday, September 16, 2008 due to their hard work in the shipping and Regarding these narrow exemptions, the maritime industries. legislative language is also quite clear that no Mr. UDALL of Colorado. Madam Speaker, Many longshoreman, pipefitters, seafarers, exemption from an asbestos ban—either stat- like so many of our colleagues I heard with and other maritime workers have been ex- utory or regulatory—should have any bearing great sorrow of the passing of former Rep- posed to deadly asbestos risks, so Houston is on any litigation on one side or the other. resentative John F. Seiberling of Ohio. no stranger to the scourge of asbestos, as un- Our legislation explicitly takes care to not While I did not have the opportunity to serve counted families continue to grieve their loss create any new federal causes of action or de- with Mr. Seiberling, I knew of his distinguished day after day. fenses for plaintiffs or defendants. In the career and especially of his being a longtime In 2000, a highly-valued Member of this United States, the courthouse doors should al- friend and colleague of my father, both during House, Congressman Bruce Vento of Min- ways be open to people with valid claims, but and after his own service in the House. nesota, was tragically lost to mesothelioma. our goal is to reduce the need for such claims My father and John Seiberling not only He had made the protection of public health to be filed in the first place by avoiding asbes- served at the same time, they worked closely and the environment one of his priorities in tos-related injuries and deaths. together on many measures that came before Congress, and he represented his district ex- To prevent asbestos from entering the what was then the Committee on Interior and tremely well. stream of commerce, our legislation provides Insular Affairs—now known as the Natural Re- We have worked very closely on this legisla- for civil and criminal penalties for selling as- sources Committee. tion with his successor, Congresswoman bestos containing products consistent with Examples include the legislation dealing BETTY McCOLLUM, who is equally devoted to other environmental laws. To be liable for with strip mining, the Surface Mining Control the protection of her constituents and the leg- criminal penalties, a violation must be knowing and Reclamation Act, finally signed into law by acy of Congressman Vento. Congresswoman or willful. President Carter after President Ford had ve- McCOLLUM’s expertise, urgency and construc- As the chairman of the Environment and toed an earlier version, and the Alaska Na- tive attitude should be an inspiration to us all Hazardous Materials Subcommittee, I intend tional Interest Lands Conservation Act, on this issue. to work with my colleagues and all parties and ANILCA, also known as the ‘‘Alaska Lands I would also like to recognize my good move this legislation next year. Act,’’ which was signed into law on December friends and colleagues on the Energy and f 2, 1980. Commerce Committee, Congresswoman HILDA Also, for many years John Seiberling was SOLIS and Congresswoman LOIS CAPPS for HONORING DR. HOWARD KOCH, the voice of historic preservation in the Con- their strong support and valuable contribution OHIO’S 2008 OUTSTANDING OLDER gress. He authored the legislation that created to this important legislation. Like many Mem- WORKER the Historic Preservation Fund and the 1980 bers, they also represent too many families Amendments to the National Historic Preser- that have been devastated by asbestos-re- HON. JIM JORDAN vation Act, and he helped win passage of the lated disease. OF OHIO first Federal tax credits to preserve historic For many years, statistics were inaccurate, IN THE HOUSE OF REPRESENTATIVES buildings. but recent medical knowledge reveals that Indeed, both as a private citizen and a pub- Tuesday, September 16, 2008 nearly 10,000 people continue to die each lic leader, John Seiberling inspired and ele- year as a result of asbestos-related disease. Mr. JORDAN of Ohio. Madam Speaker, I vated the stewardship of our Nation’s land and With such a horrible toll, many Americans may am pleased to commend Dr. Howard Koch of its natural and cultural heritage. believe that asbestos was already banned. Lima, OH, to the House of Representatives as At home, he was a leader in saving the his- In fact, EPA attempted to ban asbestos in Ohio’s 2008 Outstanding Older Worker. toric heritage of Ohio, including his birthplace, products in 1989, well after the deadly effects Eighty-four years young, Dr. Koch per- Stan Hywet Hall in Akron. And while he was were well-known, but their decision was over- formed general dentistry for 45 years. After the shepherd of more than 60 park-related turned by the Fifth Circuit Court of Appeals in selling his practice, he has continued to per- bills, he took special pride in writing and 1991 in the case Corrosion Proof Fittings v. form denture work for the past 12 years. achieving the enactment of the Act to protect EPA. This ruling based on the statutory inter- About his life’s work, Dr. Koch stated, ‘‘Work— the Cuyahoga Valley between Akron and pretation of the Toxics Substances Control Act it’s not really work. I like what I do and when Cleveland, Ohio, as a national recreation area, and administrative law kept the market for as- you like what you do, it’s not work.’’ now a national park. bestos-containing products alive, while thou- Dr. Koch has many accomplishments to his As his hometown paper, the Akron Beacon sands continued to die. name from his distinguished career. In the Journal put it ‘‘John F. Seiberling often ex- The Bruce Vento Act does not permit as- 1960s, he co-chaired a committee to have flu- plained that in preserving land, we preserve bestos in products sold in the U.S. in any con- oride added to Lima’s water supply. He also something of ourselves. One generation sends centration, except for those products that meet made the first mouthguards for area football an enduring message to its successors about certain narrow, justifiable, and unavoidable ex- players. He has served as president of the what it holds dear. Who has forgotten the wis- ceptions and exemptions. Northwest Ohio Dental Association. dom of Theodore Roosevelt and others ad- These exceptions apply when asbestos is Though Dr. Koch has enjoyed a wonderful vancing the cause of national parks? In that present in a product due to deposition from career, he did not always intend to be a den- same way, Mr. Seiberling long will be remem- ambient air, or from water that meets the Safe tist. He served as a bombardier during World bered . . . for his vision in seeking to pre- Water Drinking Act standard for asbestos. The War II and attained the rank of Second Lieu- serve’ 33,000 acres in Northeast Ohio, a vast limited exemptions from the prohibition ban- tenant. He originally planned to be a teacher urban parkland between Akron and Cleveland, ning asbestos-containing products take into after serving in the military but changed his and then having the political skills to turn the account public health considerations and apply mind and entered the field of dentistry. dream into reality.’’ in specific situations and for certain products, Though he keeps busy with his denture And the same editorial also noted an impor- such as aggregate products, like asphalt or practice, Dr. Koch enjoys spending his free tant point about John Seiberling’s character concrete, or certain minerals that can be asso- time cooking and baking homemade bread. and why he was so effective here in Congress ciated with asbestos. He also enjoys dabbling in photography. He and back home: These exemptions are narrowly tailored to and his wife Patricia have been married for 63 Almost anyone who spent time with Mr. reduce asbestos in products to the maximum years. Seiberling soon encountered his intelligence

VerDate Aug 31 2005 06:51 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A16SE8.043 E16SEPT1 rfrederick on PROD1PC67 with REMARKS September 16, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E1811 and wit. What his legislative colleagues and about the park to friends and family else- Today, the township is comprised of over others appreciated was his modesty and ci- where, and when they come to visit, they 50,000 residents and 27 houses of worship. vility, He listened to opposing views, Per- marvel, too. Every year, Union Township holds several pa- The park isn’t the Grand Canyon or Yel- haps that stemmed from his own story, the rades where people from different cultures can scion of the family that founded Goodyear lowstone, obviously. Mr. Seiberling knew the becoming a liberal Democrat. His calm, in- Big Country. One of his proudest accomplish- celebrate their heritage through various pa- formed and reasoned approach proved most ments representing the Akron area in the rades and festivals. The Township will cele- effective in aiding his causes. It meant that U.S. House for 16 years was his essential role brate the occasion with a parade on October when he got his back up (say, his snapping in preserving 54 million acres of wilderness 12, 2008. ‘‘Who the hell are you?’’ at James Gold- in Alaska. The Cuyahoga Valley park rep- Union Township is an intermingling of Colo- smith, the corporate pirate seeking to con- resented an innovation in the concept. Why nial American history and contemporary subur- sume Goodyear), his passion proved all the not do the same in the industrial heartland ban living. In 1976 Union Township achieved more persuasive. of the country? the honored designation of being named an Almost anyone who spent time with Mr. President Clinton later awarded John Sei- Seiberling soon encountered his intelligence All-American City. Just this year, Union Town- berling the Presidential Citizens Medal, which and wit. What his legislative colleagues and ship was. chosen by CNN as one of the top is awarded in recognition of U.S. citizens who others appreciated was his modesty and ci- 100 places to live in the country. have performed exemplary deeds of service vility. He listened to opposing views. Per- Union Township again stands out on the na- for our Nation. haps that stemmed from his own story, the tional stage because it is home to the world’s In making the award, the President rightly scion of the family that founded Goodyear tallest water sphere. Residents are also proud explained that ‘‘An ardent advocate for the en- becoming a liberal Democrat. His calm, in- of their outstanding higher education institu- formed and reasoned approach proved most tion, Kean University, as well as their excellent vironment, John F. Seiberling has dem- effective in aiding his causes. It meant that onstrated a profound commitment to America’s elementary and secondary school systems. when he got his back up (say, his snapping Madam Speaker, I know my colleagues natural treasures. Championing numerous bills ‘‘Who the hell are you?’’ at James Gold- during his 17 years in Congress, including the smith, the corporate pirate seeking to con- agree that Union Township and its residents Alaska Lands Act, John Seiberling safe- sume Goodyear), his passion proved all the have every right to be proud of the lasting contributions Union Township has made to the guarded millions of acres of parks, forests, more persuasive. Most telling, Mr. Seiberling knew who he State of New Jersey and to the United States wildlife refuges, and wilderness areas.’’ And, was, and didn’t pretend otherwise. Even as of America. I am pleased to congratulate in recognition of John Seiberling’s work as a he cut a national profile conserving public Union Township on its first 200 years and member of the Judiciary Committee, President lands, he understood his leading role in- proud to have a significant part of the town- Clinton went on to say that ‘‘working in a spirit volved representing the city and its sur- ship in the 10th Congressional District. of bipartisanship, he also promoted civil rights roundings. He brought federal backing to the and worker rights, always striving to improve Akron-Canton airport, the Goodyear Tech- f the quality of life in America.’’ nical Center and other projects critical to SUNSET MEMORIAL the community. He didn’t duck confronta- Truer words were never spoken of any tions. He felt comfortable in his own skin, Member of Congress—and, once again, the and at ease in the face of opposition. HON. TRENT FRANKS Beacon Journal got it right when its editors John Seiberling led an admirable life. He OF ARIZONA wrote ‘‘John Seiberling led an admirable life. might have been content to become the fine IN THE HOUSE OF REPRESENTATIVES attorney and avid amateur photographer He might have been content to become the Tuesday, September 16, 2008 fine attorney and avid amateur photographer that he was. Instead, he jumped into the po- that he was. Instead, he jumped into the polit- litical fray and in doing so, provided an ex- Mr. FRANKS of Arizona. Madam Speaker, I ample of what it means to pursue the highest ical fray and in doing so, provided an example stand once again before this House with yet standards of public life. That is something another Sunset Memorial. of what it means to pursue the highest stand- very much worth remembering and pre- ards of public life. That is something very It is September 16, 2008 in the land of the serving. free and the home of the brave, and before much worth remembering and preserving.’’ f the sun set today in America, almost 4,000 John Seiberling’s example is one we should more defenseless unborn children were killed all remember and try to emulate. CONGRATULATIONS TO UNION by abortion on demand. That’s just today, Here is the complete text of the Beacon TOWNSHIP ON THEIR 200TH ANNI- Madam Speaker. That’s more than the num- Journal editorial, from the paper’s August 5th VERSARY ber of innocent lives lost on September 11 in edition: this country, only it happens every day. THE SEIBERLING LEGACY.—START WITH THE HON. DONALD M. PAYNE It has now been exactly 13,021 days since OF NEW JERSEY CUYAHOGA VALLEY NATIONAL PARK, AND the tragedy called Roe v. Wade was first IN THE HOUSE OF REPRESENTATIVES THEN CONSIDER THE REMARKABLE POLITICAL handed down. Since then, the very foundation SKILLS THAT BROUGHT THE DREAM TO RE- Tuesday, September 16, 2008 of this Nation has been stained by the blood ALITY Mr. PAYNE. Madam Speaker, I ask my col- of almost 50 million of its own children. Some John F. Seiberling often explained that in of them, Madam Speaker, cried and screamed preserving land, we preserve something of leagues here in the U.S. House of Represent- ourselves. One generation sends an enduring atives to join me as I rise to congratulate as they died, but because it was amniotic fluid message to its successors about what it holds Union Township, New Jersey, on the celebra- passing over the vocal cords instead of air, we dear. Who has forgotten the wisdom of Theo- tion of its 200th anniversary. couldn’t hear them. dore Roosevelt and others advancing the Union Township plays an integral part in All of them had at least four things in com- cause of national parks? In that same way, Union County and the 10th Congressional Dis- mon. First, they were each just little babies Mr. Seiberling long will be remembered, fol- trict of New Jersey. who had done nothing wrong to anyone, and lowing his death over the weekend at age 89, Prior to the establishment of Union Town- each one of them died a nameless and lonely for his vision in seeking to preserve 33,000 ship, that region known as Elizabethtown death. And each one of their mothers, whether acres in Northeast Ohio, a vast urban park- played a fundamental role in the American she realizes it or not, will never be quite the land between Akron and Cleveland, and then Revolution. It was the site of the Battle of same. And all the gifts that these children having the political skills to turn the dream into reality. Connecticut Farms where the British tried to might have brought to humanity are now lost That achievement revealed so much about force their way to Hobart Gap but were denied forever. Yet even in the glare of such tragedy, his public service. In this election season, by the strong and resilient spirit of the Conti- this generation still clings to a blind, invincible candidates spend many hours touting their nental Forces. This spirit of determination is a ignorance while history repeats itself and our virtues, why their presence at the State- testament to the solid foundation on which own silent genocide mercilessly annihilates the house or on Capitol Hill is necessary. Rare is Union Township rests. most helpless of all victims, those yet unborn. the lawmaker who enhances the quality of On the 23d day of November in 1808, the Madam Speaker, perhaps it’s time for those community life to the degree of Mr. Seiber- State Legislature of New Jersey designated of us in this Chamber to remind ourselves of ling. He was a once-in-a-generation leader. that Connecticut Farms would be separated why we are really all here. Thomas Jefferson Look at the Cuyahoga Valley National Park today, three decades after its creation, from Elizabethtown. This new municipality was said, ‘‘The care of human life and its happi- millions of people each year hiking and to be called Union Township. ness and not its destruction is the chief and riding its pathways, enjoying its meadows, Since its inception Union Township has only object of good government.’’ The phrase its wetlands and banks of trees, their colors been a cultural hub attracting people from all in the 14th amendment capsulizes our entire radiant in the fall. Practically all of us boast cultures and backgrounds. Constitution. It says, ‘‘No State shall deprive

VerDate Aug 31 2005 06:51 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A16SE8.045 E16SEPT1 rfrederick on PROD1PC67 with REMARKS E1812 CONGRESSIONAL RECORD — Extensions of Remarks September 16, 2008 any person of life, liberty or property without as we broke faith with nearly 4,000 more inno- mind ourselves that our own days in this sun- due process of law.’’ Madam Speaker, pro- cent American babies who died today without shine of life are also numbered and that all too tecting the lives of our innocent citizens and the protection we should have given them. soon each one of us will walk from these their constitutional rights is why we are all So Madam Speaker, let me conclude this Chambers for the very last time. here. Sunset Memorial in the hope that perhaps And if it should be that this Congress is al- The bedrock foundation of this Republic is someone new who heard it tonight will finally lowed to convene on yet another day to come, the clarion declaration of the self-evident truth embrace the truth that abortion really does kill may that be the day when we finally hear the that all human beings are created equal and little babies; that it hurts mothers in ways that cries of innocent unborn children. May that be endowed by their Creator with the unalienable we can never express; and that 13,021 days the day when we find the humanity, the cour- rights of life, liberty and the pursuit of happi- spent killing nearly 50 million unborn children age, and the will to embrace together our ness. Every conflict and battle our Nation has in America is enough; and that it is time that human and our constitutional duty to protect ever faced can be traced to our commitment we stood up together again, and remembered these, the least of our tiny, little American to this core, self-evident truth. that we are the same America that rejected brothers and sisters from this murderous It has made us the beacon of hope for the human slavery and marched into Europe to ar- scourge upon our Nation called abortion on entire world. Madam Speaker, it is who we rest the Nazi Holocaust; and we are still cou- demand. are. rageous and compassionate enough to find a It is September 16, 2008, 13,021 days since And yet today another day has passed, and better way for mothers and their unborn ba- Roe versus Wade first stained the foundation we in this body have failed again to honor that bies than abortion on demand. of this Nation with the blood of its own chil- foundational commitment. We have failed our Madam Speaker, as we consider the plight dren; this in the land of the free and the home sworn oath and our God-given responsibility of unborn America tonight, may we each re- of the brave.

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HIGHLIGHTS The House passed H.R. 6899—Comprehensive American Energy Security and Consumer Protection Act Senate to water supply, water quality, and environmental Chamber Action restoration. Routine Proceedings, pages S8809–S8896 H.R. 813, to amend the Reclamation Wastewater Measures Introduced: Twelve bills and two resolu- and Groundwater Study and Facilities Act to author- tions were introduced, as follows: S. 3491–3502, S. ize the Secretary of the Interior to participate in the Res. 662, and S. Con. Res. 99. Pages S8855–56 Prado Basin Natural Treatment System Project, to authorize the Secretary to carry out a program to as- Measures Reported: sist agencies in projects to construct regional brine S. 3168, to authorize United States participation lines in California, to authorize the Secretary to par- in the replenishment of resources of the International ticipate in the Lower Chino Dairy Area desalination Development Association. (S. Rept. No. 110–464) demonstration and reclamation project, with an S. 2321, to amend the E–Government Act of amendment in the nature of a substitute. 2002 (Public Law 107–347) to reauthorize appro- H.R. 816, to provide for the release of certain priations, with an amendment. (S. Rept. No. land from the Sunrise Mountain Instant Study Area 110–465) in the State of Nevada and to grant a right-of-way S. 2816, to provide for the appointment of the across the released land for the construction and Chief Human Capital Officer of the Department of maintenance of a flood control project, with an Homeland Security by the Secretary of Homeland amendment. Security. (S. Rept. No. 110–466) H.R. 838, to provide for the conveyance of the S. 3038, to amend part E of title IV of the Social Bureau of Land Management parcels known as the Security Act to extend the adoption incentives pro- White Acre and Gambel Oak properties and related gram, to authorize States to establish a relative real property to Park City, Utah, with an amend- guardianship program, to promote the adoption of ment. children with special needs, with an amendment in H.R. 903, to provide for a study of options for the nature of a substitute. (S. Rept. No. 110–467) protecting the open space characteristics of certain H.R. 29, to authorize the Secretary of the Interior lands in and adjacent to the Arapaho and Roosevelt to construct facilities to provide water for irrigation, National Forests in Colorado, with an amendment in municipal, domestic, military, and other uses from the nature of a substitute. the Santa Margarita River, California, with an H.R. 1139, to authorize the Secretary of the Inte- amendment in the nature of a substitute. rior to plan, design and construct facilities to pro- H.R. 31, to amend the Reclamation Wastewater vide water for irrigation, municipal, domestic, and and Groundwater Study and Facilities Act to author- other uses from the Bunker Hill Groundwater Basin, ize the Secretary of the Interior to participate in the Santa Ana River, California, with an amendment in Elsinore Valley Municipal Water District Wildomar the nature of a substitute. Service Area Recycled Water Distribution Facilities H.R. 1737, to amend the Reclamation Waste- and Alberhill Wastewater Treatment and Reclama- water and Groundwater Study and Facilities Act to tion Facility Projects. authorize the Secretary of the Interior to participate H.R. 236, to authorize the Secretary of the Inte- in the design, planning, and construction of perma- rior to create a Bureau of Reclamation partnership nent facilities for the GREAT project to reclaim, with the North Bay Water Reuse Authority and reuse, and treat impaired waters in the area of other regional partners to achieve objectives relating Oxnard, California. D1093

VerDate Aug 31 2005 07:14 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D16SE8.REC D16SEPT1 rfrederick on PROD1PC67 with DIGEST D1094 CONGRESSIONAL RECORD — DAILY DIGEST September 16, 2008 H.R. 1803, to direct the Secretary of the Interior Refuge in the State of Alaska, with an amendment to conduct a feasibility study to design and construct in the nature of a substitute. a four reservoir intertie system for the purposes of S. 1756, to provide supplemental ex gratia com- improving the water storage opportunities, water pensation to the Republic of the Marshall Islands for supply reliability, and water yield of San Vicente, El impacts of the nuclear testing program of the United Capitan, Murray, and Loveland Reservoirs in San States, with an amendment in the nature of a sub- Diego County, California in consultation and co- stitute. operation with the City of San Diego and the Sweet- S. 1816, to authorize the Secretary of the Interior water Authority. to establish a commemorative trail in connection H.R. 2246, to provide for the release of any rever- with the Women’s Rights National Historical Park sionary interest of the United States in and to cer- to link properties that are historically and themati- tain lands in Reno, Nevada. cally associated with the struggle for women’s suf- H.R. 2614, to amend the Reclamation Waste- frage, with an amendment in the nature of a sub- water and Groundwater Study and Facilities Act to stitute. authorize the Secretary of the Interior to participate S. 2093, to amend the Wild and Scenic Rivers in certain water projects in California. Act to designate a segment of the Missisquoi and H.R. 2632, to establish the Sabinoso Wilderness Trout Rivers in the State of Vermont for study for Area in San Miguel County, New Mexico, with an potential addition to the National Wild and Scenic amendment in the nature of a substitute. Rivers System, with an amendment in the nature of H.R. 3022, to designate the John Krebs Wilder- a substitute. ness in the State of California, to add certain land S. 2156, to authorize and facilitate the improve- to the Sequoia-Kings Canyon National Park Wilder- ment of water management by the Bureau of Rec- ness, with an amendment. lamation, to require the Secretary of the Interior and H.R. 3323, to authorize the Secretary of the Inte- the Secretary of Energy to increase the acquisition rior to convey a water distribution system to the and analysis of water resources for irrigation, hydro- Goleta Water District. electric power, municipal, and environmental uses, H.R. 3473, to provide for a land exchange with with an amendment in the nature of a substitute. the City of Bountiful, Utah, involving National For- S. 2255, to amend the National Trails System Act est System land in the Wasatch-Cache National For- to provide for studies of the Chisholm Trail and est and to further land ownership consolidation in Great Western Trail to determine whether to add that national forest, with an amendment in the na- the trails to the National Trails System, with an ture of a substitute. amendment. H.R. 3490, to transfer administrative jurisdiction S. 2354, to direct the Secretary of the Interior to of certain Federal lands from the Bureau of Land convey 4 parcels of land from the Bureau of Land Management to the Bureau of Indian Affairs, to take Management to the city of Twin Falls, Idaho, with such lands into trust for Tuolumne Band of Me- amendments. Wuk Indians of the Tuolumne Rancheria, with S. 2359, to establish the St. Augustine 450th amendments. Commemoration Commission, with an amendment H.R. 3682, to designate certain Federal lands in in the nature of a substitute. Riverside County, California, as wilderness, to des- S. 2448, to amend the Surface Mining Control ignate certain river segments in Riverside County as and Reclamation Act of 1977 to make certain tech- a wild, scenic, or recreational river, to adjust the nical corrections. boundary of the Santa Rosa and San Jacinto Moun- S. 2535, to revise the boundary of the Martin Van tains National Monument, with amendments. Buren National Historic Site, with amendments. H.R. 5137, to ensure that hunting remains a pur- S. 2561, to require the Secretary of the Interior to pose of the New River Gorge National River. conduct a theme study to identify sites and resources S. 390, to direct the exchange of certain land in to commemorate and interpret the Cold War. Grand, San Juan, and Uintah Counties, Utah, with S. 2779, to amend the Surface Mining Control an amendment in the nature of a substitute. and Reclamation Act of 1977 to clarify that S. 1477, to authorize the Secretary of the Interior uncertified States and Indian tribes have the author- to carry out the Jackson Gulch rehabilitation project ity to use certain payments for certain noncoal rec- in the State of Colorado, with an amendment in the lamation projects. nature of a substitute. S. 2805, to direct the Secretary of the Interior, S. 1680, to provide for the inclusion of certain acting through the Commissioner of Reclamation, to non-Federal land in the Izembek National Wildlife assess the irrigation infrastructure of the Rio Grande Refuge and the Alaska Peninsula National Wildlife Pueblos in the State of New Mexico and provide

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S. 2842, to require the Secretary of the Interior to S. 3096, to amend the National Cave and Karst carry out annual inspections of canals, levees, tun- Research Institute Act of 1998 to authorize appro- nels, dikes, pumping plants, dams, and reservoirs priations for the National Cave and Karst Research under the jurisdiction of the Secretary, with an Institute. amendment in the nature of a substitute. S. 3158, to extend the authority for the Cape Cod S. 2875, to authorize the Secretary of the Interior National Seashore Advisory Commission, with an to provide grants to designated States and tribes to amendment. carry out programs to reduce the risk of livestock S. 3179, to authorize the conveyance of certain loss due to predation by gray wolves and other pred- public land in the State of New Mexico owned or ator species or to compensate landowners for live- leased by the Department of Energy, with an amend- stock loss due to predation, with an amendment in ment. the nature of a substitute. S. 3189, to amend Public Law 106–392 to require S. 2943, to amend the National Trails System Act the Administrator of the Western Area Power Ad- to designate the Pacific Northwest National Scenic ministration and the Commissioner of Reclamation Trail, with amendments. to maintain sufficient revenues in the Upper Colo- S. 2974, to provide for the construction of the Ar- rado River Basin Fund, with an amendment in the kansas Valley Conduit in the State of Colorado, with nature of a substitute. an amendment in the nature of a substitute. S. 3226, to rename the Abraham Lincoln Birth- S. 3010, to reauthorize the Route 66 Corridor place National Historic Site in the State of Kentucky Preservation Program. as the ‘‘Abraham Lincoln Birthplace National His- S. 3011, to amend the Palo Alto Battlefield Na- torical Park’’, with an amendment. tional Historic Site Act of 1991 to expand the S. 3499, to protect innocent Americans from vio- boundaries of the historic site, with an amendment lent crime in national parks. Pages S8853–54 in the nature of a substitute. S. 3017, to designate the Beaver Basin Wilderness Measures Passed: at Pictured Rocks National Lakeshore in the State of Library of Congress Sound Recording and Film Michigan, with an amendment in the nature of a Preservation Programs Reauthorization Act: Com- substitute. mittee on Rules and Administration was discharged S. 3045, to establish the Kenai Mountains- from further consideration of H.R. 5893, to reau- Turnagain Arm National Forest Heritage Area in the thorize the sound recording and film preservation State of Alaska, with an amendment in the nature programs of the Library of Congress, and the bill of a substitute. was then passed, clearing the measure for the Presi- S. 3051, to authorize the Secretary of the Interior dent. Page S8875 to study the suitability and feasibility of designating the site of the Battle of Camden in South Carolina, District of Columbia Courts: Senate passed H.R. as a unit of the National Park System, with an 5551, to amend title 11, District of Columbia Offi- amendment in the nature of a substitute. cial Code, to implement the increase provided under S. 3065, to establish the Dominguez-Escalante the District of Columbia Appropriations Act, 2008, National Conservation Area and the Dominguez in the amount of funds made available for the com- Canyon Wilderness Area, with an amendment in the pensation of attorneys representing indigent defend- nature of a substitute. ants in the District of Columbia courts, clearing the S. 3069, to designate certain land as wilderness in measure for the President. Page S8875 the State of California, with an amendment in the Veterans’ Benefits Improvement Act: Senate nature of a substitute. passed S. 3023, to amend title 38, United States S. 3085, to require the Secretary of the Interior to Code, to require the Secretary of Veterans Affairs to establish a cooperative watershed management pro- prescribe regulations relating to the notice to be program, with an amendment in the nature of a sub- vided claimants with the Department of Veterans stitute. Affairs regarding the substantiation of claims, after S. 3088, to designate certain land in the State of agreeing to the committee amendment in the nature Oregon as wilderness, with an amendment in the na- of a substitute, and the following amendment pro- ture of a substitute. posed thereto: Pages S8875–89

VerDate Aug 31 2005 07:14 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D16SE8.REC D16SEPT1 rfrederick on PROD1PC67 with DIGEST D1096 CONGRESSIONAL RECORD — DAILY DIGEST September 16, 2008 Levin (for Akaka) Amendment No. 5614, to strike copy of S. 3406, to restore the intent and protections section 311, relating to relief for students who dis- of the Americans with Disabilities Act of 1990. continue education because of military service, and Page S8890 to provide a temporary increase in the number of au- Executive Reports of Committees: thorized judges of the United States Court of Ap- By Mr. Biden, from the Committee on Foreign peals for Veterans Claims. Page S8883 Relations: Republic of Latvia Independence 90th Anniver- Treaty Doc. 110–6: Amendment to Convention sary: Committee on Foreign Relations was dis- on Physical Protection of Nuclear Material with 1 charged from further consideration of S. Con. Res. reservation, 3 understandings, and 1 declaration (Ex. 87, congratulating the Republic of Latvia on the Rept. 110–24); 90th anniversary of its declaration of independence, Treaty Doc. 110–8: Protocols of 2005 to the Con- and the resolution was then agreed to. Pages S8889–90 vention concerning Safety of Maritime Navigation Measures Considered: and to the Protocol concerning Safety of Fixed Plat- forms on the Continental Shelf with reservations, un- National Defense Authorization Act: Senate con- derstandings, and declarations (Ex. Rept. 110–25); tinued consideration of S. 3001, to authorize appro- and priations for fiscal year 2009 for military activities Treaty Doc. 106–1(A): The Hague Convention of the Department of Defense, for military construc- with 4 understandings and 1 declaration (Ex. Rept. tion, and for defense activities of the Department of 110–26). Pages S8854–55 Energy, to prescribe military personnel strengths for such fiscal year, taking action on the following Nominations Received: Senate received the fol- amendments proposed thereto: lowing nominations: Pages S8814–21, S8821–37 Bill Nelson, of Florida, to be a Representative of Pending: the United States of America to the Sixty-third Ses- Reid Amendment No. 5290, to change the enact- sion of the General Assembly of the United Nations. ment date. Page S8814 Bob Corker, of Tennessee, to be a Representative Reid Amendment No. 5291 (to Amendment No. of the United States of America to the Sixty-third 5290), of a perfecting nature. Page S8814 Session of the General Assembly of the United Na- During consideration of this measure today, Senate tions. also took the following action: Anthony H. Gioia, of New York, to be a Rep- By 61 yeas to 32 nays (Vote No. 200), three-fifths resentative of the United States of America to the of those Senators duly chosen and sworn, having Sixty-third Session of the General Assembly of the voted in the affirmative, Senate agreed to the motion United Nations. to close further debate on the bill. Page S8826 Karen Elliott House, of New Jersey, to be an Al- Subsequently, the motion to recommit the bill to ternate Representative of the United States of Amer- the Committee on Armed Services with instructions ica to the Sixty-third Session of the General Assem- to report back forthwith, with Reid Amendment bly of the United Nations. No. 5292 (to the instructions of the motion to re- James W. Ceaser, of Virginia, to be a Member of commit), to change the enactment date, fell when the National Council on the Humanities for a term the motion to invoke cloture on the bill was agreed expiring January 26, 2014. to. Pages S8814, S8826 Alfred S. Irving, Jr., of the District of Columbia, Reid Amendment No. 5293 (to the instructions of to be an Associate Judge of the Superior Court of the motion to recommit to the bill), of a perfecting the District of Columbia for the term of fifteen nature, fell when Reid Amendment No. 5292 fell. years. Pages S8814, S8826 Routine lists in the Army, Coast Guard. Reid Amendment No. 5294 (to Amendment No. Pages S8890–96 5293), of a perfecting nature, fell when Reid Messages from the House: Page S8852 Amendment No. 5292 fell. Pages S8814, S8826 A unanimous-consent agreement was reached pro- Measures Referred: Page S8852 viding for further consideration of the bill at ap- Enrolled Bills Presented: Page S8852 proximately 10:30 a.m., on Wednesday, September Executive Reports of Committees: Pages S8854–55 17, 2008, and that all time in adjournment, recess, and morning business count post-cloture. Page S8890 Additional Cosponsors: Pages S8856–58 Signing Authority—Agreement: A unanimous- Statements on Introduced Bills/Resolutions: consent agreement was reached providing that Sen- Pages S8858–63 ator Harkin be authorized to sign the duly enrolled Additional Statements: Pages S8848–52

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Amendments Submitted: Pages S8863–75 Virgin Islands; Robert F. McCullough, Jr., Notices of Hearings/Meetings: Page S8875 McCullough Research, Portland, Oregon; and Law- rence Eagles, JPMorgan Chase and Company, on be- Authorities for Committees To Meet: Page S8875 half of the Securities Industry and Financial Markets Privileges of the Floor: Page S8875 Association (SIFMA), James Newsome, CME Group, Record Votes: One record vote was taken today. and Fadel Gheit, Oppenheimer and Company, Inc., (Total—200) Page S8826 all of New York, New York. Adjournment: Senate convened at 10 a.m. and ad- CHILDREN’S HEALTH PROTECTION journed at 6:51 p.m., until 9:30 a.m. on Wednes- Committee on Environment and Public Works: Com- day, September 17, 2008. (For Senate’s program, see mittee concluded an oversight hearing to examine the remarks of the Acting Majority Leader in today’s the children’s health protection efforts of the Envi- Record on page S8890.) ronmental Protection Agency (EPA), after receiving testimony from George Gray, Assistant Adminis- Committee Meetings trator for Research and Development, Environmental Protection Agency; John B. Stephenson, Director, (Committees not listed did not meet) Natural Resources and Environment, Government BROADBAND DATA IMPROVEMENT ACT Accountability Office; Leonardo Trasande, Mount Sinai School of Medicine Children’s Environmental Committee on Commerce, Science, and Transportation: Health Center, New York, New York; Susan West Committee concluded a hearing to examine reasons Marmagas, Commonweal, Bolinas, California; and that broadband Internet access matters, including S. Robert L. Brent, A.I. duPont Hospital for Children, 1492, to improve the quality of Federal and State Wilmington, Delaware. data regarding the availability and quality of broadband services and to promote the deployment DELIVERY SYSTEM REFORM of affordable broadband services to all parts of the Committee on Finance: Committee concluded a hearing Nation, after receiving testimony from Margaret to examine aligning incentives, focusing on the case Conroy, Missouri State Librarian, Jefferson City, on for health care delivery system reform, after receiving behalf of the American Library Association; Rey testimony from Mark E. Miller, Executive Director, Ramsey, One Economy Corporation, Larry Cohen, Medicare Payment Advisory Commission; Glenn D. Communications Workers of America, Jonathan Steele, Jr., Geisinger Health System, Danville, Penn- Linkous, American Telemedicine Association, and sylvania; Robert A. Berenson, Urban Institute, Mara Mayor, AARP, all of Washington, D.C.; and Washington, D.C.; and Eric G. Campbell, Massachu- Gene Peltola, Yukon-Kuskokwim Health Corpora- setts General Hospital, Boston. tion, Bethel, Alaska. ELECTRIC POWER RULE OF LAW Committee on Energy and Natural Resources: Committee Committee on the Judiciary: Subcommittee on the Con- concluded a hearing to examine the current state of stitution concluded a hearing to examine restoring vehicles powered by the electric grid and the pros- the rule of law, after receiving testimony from pects for wider deployment in the near future, after former Representative Mickey Edwards, Constitution receiving testimony from Brian P. Wynne, Electric Project, Charles J. Cooper, Cooper and Kirk, PLCC, Drive Transportation Association, and Robert Elisa Massimino, Human Rights First, Patrick F. Wimmer, Toyota Motor North America, both of Philbin, Kirkland and Ellis LLP, John D. Podesta, Washington, D.C.; Ed Kjaer, Southern California Center for American Progress Action Fund, and Su- Edison Company, Rosemead; Joseph T. Dalum, zanne E. Spaulding, Bingham Consulting Group, all DUECO, Waukesha, Wisconsin; and Thad Balkman, of Washington, D.C.; Harold Hongju Koh, Yale Phoenix Motorcars, Ontario, California. Law School, New Haven, Connecticut; Frederick A.O. Schwarz, Jr., New York University School of ENERGY MARKETS Law Brennan Center for Justice, New York, New Committee on Energy and Natural Resources: Sub- York; Robert Turner, University of Virginia School committee on Energy concluded a hearing to exam- of Law Center for National Security Law, Charlottes- ine recent analyses of the role of speculative invest- ville; Walter Dellinger, former Solicitor General of ment in energy markets, after receiving testimony the United States, Department of Justice, Duke Uni- from Jeffrey Harris, Chief Economist, Commodity versity School of Law, Chapel Hill, North Carolina; Futures Trading Commission; Michael W. Masters, and Kyndra Rotunda, Chapman University School of Masters Capital Management, LLC, Saint Croix, U.S. Law, Orange, California.

VerDate Aug 31 2005 07:14 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D16SE8.REC D16SEPT1 rfrederick on PROD1PC67 with DIGEST D1098 CONGRESSIONAL RECORD — DAILY DIGEST September 16, 2008 House of Representatives Comprehensive American Energy Security and Chamber Action Consumer Protection Act: The House passed H.R. Public Bills and Resolutions Introduced: 10 pub- 6899, to advance the national security interests of lic bills, H.R. 6908–6917; and 10 resolutions, H. the United States by reducing its dependency on oil Con. Res. 415–417; and H. Res. 1440, 1442–1447, through renewable and clean, alternative fuel tech- were introduced. Pages H8275–76 nologies while building a bridge to the future Additional Cosponsors: Pages H8276–77 through expanded access to Federal oil and natural Reports Filed: Reports were filed today as follows: gas resources, revising the relationship between the H. Res. 1441, providing for consideration of the oil and gas industry and the consumers who own bill (H.R. 3036) to amend the Elementary and Sec- those resources and deserve a fair return from the de- ondary Education Act of 1965 regarding environ- velopment of publicly owned oil and gas, ending tax mental education (H. Rept. 110–854); subsidies for large oil and gas companies, and facili- H.R. 6323, to establish a research, development, tating energy efficiencies in the building, housing, demonstration, and commercial application program and transportation sectors, by a recorded vote of 236 to promote research of appropriate technologies for ayes to 189 noes, Roll No. 599. Pages H8180–H8256 heavy duty plug-in hybrid vehicles, with an amend- Rejected the Peterson (PA) motion to recommit ment (H. Rept. 110–855); the bill to the Committee on Natural Resources H. Res. 1376, commemorating the 80th anniver- with instructions to report the same back to the sary of the Okeechobee Hurricane of September House forthwith with an amendment, by a recorded 1928 and its associated tragic loss of life, with vote of 191 ayes to 226 noes, Roll No. 598. amendments (H. Rept. 110–856); Pages H8250–56 H.R. 5244, to amend the Truth in Lending Act H. Res. 1433, the rule providing for consideration to establish fair and transparent practices relating to of the bill, was agreed to by a yea-and-nay vote of the extension of credit under an open end consumer 229 yeas to 194 nays, Roll No. 596, after agreeing credit plan, with an amendment (H. Rept. to order the previous question by a yea-and-nay vote 110–857); and of 238 yeas to 185 nays, Roll No. 595. Misleading Information from the Battlefield: The Pages H8152–57, H8157–68, H8178–79 Tillman and Lynch Episodes (H. Rept. 110–858). A point of order was raised against the consider- Pages H8274–75 ation of H. Res. 1433 and it was agreed by a yea- Speaker: Read a letter from the Speaker wherein she and-nay vote of 230 yeas to 180 nays, Roll No. 593, appointed Representative Solis to act as Speaker pro to proceed with consideration of the resolution. tempore for today. Page H8131 Pages H8152–57 Recess: The House recessed at 9:44 a.m. and recon- National Capital Security and Safety Act: The vened at 10 a.m. Page H8136 House began consideration of H.R. 6842, to require Journal: The House agreed to the Speaker’s approval the District of Columbia to revise its laws regarding the use and possession of firearms as necessary to of the Journal by voice vote. Pages H8136, H8257 comply with the requirements of the decision of the Private Calendar: On the call of the Private Cal- Supreme Court in the case of District of Columbia endar, the House passed H.R. 1485, for the relief of v. Heller, in a manner that protects the security in- Esther Karinge; H.R. 2760, for the relief of Shigeru terests of the Federal government and the people Yamada; H.R. 5030, for the relief of Corina de who work in, reside in, or visit the District of Co- Chalup Turcinovic; H.R. 5243, for the relief of lumbia and does not undermine the efforts of law Kumi Iizuka-Barcena; and passed over without prej- enforcement, homeland security, and military offi- udice H.R. 2575, for the relief of Mikael Adrian cials to protect the Nation’s Capital from crime and Christopher Figueroa Alvarez. Pages H8137–38 terrorism. Further proceedings were postponed. Motion To Adjourn: Rejected the Pence motion to Pages H8257–72 adjourn by a yea-and-nay vote of 11 yeas to 393 Pursuant to the rule, the amendment rec- nays, Roll No. 592. Pages H8151–52 ommended by the Committee on Oversight and Motion To Adjourn: Rejected the Price (GA) mo- Government Reform now printed in the bill shall be tion to adjourn by a recorded vote of 9 ayes to 386 considered as adopted in the House and in the Com- noes, Roll No. 594. Page H8157 mittee of the Whole and the bill, as amended, shall

VerDate Aug 31 2005 07:14 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D16SE8.REC D16SEPT1 rfrederick on PROD1PC67 with DIGEST September 16, 2008 CONGRESSIONAL RECORD — DAILY DIGEST D1099 be considered as the original bill for the purpose of BUDGET SURPLUS further amendment under the five-minute rule. Committee on the Budget: Hearing on Iraq’s Budget Page H8265 Surplus. Testimony was heard from Joseph A. Proceedings Postponed: Christoff, Director, International Affairs and Trade, Childers amendment in the nature of a substitute GAO; Christopher M. Blanchard, Analyst in Middle (printed in H. Rept. 110–852) that seeks to strike Eastern Affairs, CRS, Library of Congress; and public all after the enacting clause and insert a complete witnesses. new text entitled ‘‘Second Amendment Enforcement Act’’. Pages H8266–72 CALLING CARD CONSUMER PROTECTION H. Res. 1434, the rule providing for consideration ACT; TRAVEL PROMOTION of the bill, was agreed to by voice vote, after agree- Committee on Energy and Commerce: Subcommittee on ing to order the previous question by a yea-and-nay Commerce, Trade, and Consumer Protection ap- vote of 241 yeas to 183 nays, Roll No. 597. proved for full Committee the following bills: H.R. Pages H8168–78, H8179–80 3232, amended; Travel Promotion Act 2007; and Senate Message: Message received from the Senate H.R. 3402, Calling Card Consumer Protection Act. today appears on page H8136. The Subcommittee also held a hearing on H.R. 3402, Calling Card Consumer Protection Act. Testi- Quorum Calls—Votes: Five yea-and-nay votes and mony was heard from William E. Kovacic, Chair- three recorded votes developed during the pro- man, FTC; and public witnesses. ceedings of today and appear on pages H8151–52, H8156–57, H8157, H8178–79, H8179, H8180, DEFEATING IMPROVISED EXPLOSIVE H8255–56, and H8256. There were no quorum DEVICE calls. Committee on Energy and Commerce: Subcommittee on Adjournment: The House met at 10 a.m. and ad- Oversight and Investigations held a hearing on De- journed at 12:30 a.m. on Wednesday, September feating the Improvised Explosive Device (IED) and 17th. Other Asymmetric Threats: Today’s Efforts and To- morrow’s Requirements. Committee Meetings STATUS OF DTV TRANSITION Committee on Energy and Commerce: Subcommittee on U.S. FOREIGN STRATEGY Telecommunications and the Internet, hearing enti- Committee on Armed Services: Held a hearing on Con- tled ‘‘Status of the DTV Transition: 154 Days and siderations for an American Grand Strategy. Testi- Counting,’’ Testimony was heard from Kevin J. Mar- mony was heard from Madeleine Albright, former tin, Chairman, FCC; Meredith Baker, Acting Assist- Secretary of State. ant Secretary, Communications, Department of Com- merce; Mark L. Goldstein, Director, Physical Infra- DEFEATING THE IMPROVISED EXPLOSIVE structure Issues; and public witnesses. DEVICE Committee on Armed Services: Subcommittee on Over- MISCELLANEOUS MEASURES sight and Investigations held a hearing on Defeating Committee on Financial Services: Began consideration of the Improvised Explosive and Other Asymmetric the following bills: H.R. 6694, FHA Seller-Financed Threats: Today’s efforts and Tomorrow’s Require- Downpayment Reform and Risk-Based Pricing Au- ments. Testimony was heard from the following offi- thorization Act of 2008; H.R. 6890, Payments Sys- cials of the Department of Defense: LTG Thomas F. tem Protection Act of 2008; H.R. 3019, Expand and Metz, USA, Director, Joint Improvised Device De- Preserve Home Ownership Through Counseling Act; feat Organization; William Beasley, Joint Rapid Ac- H.R. 6642, National Consumer Cooperative Bank quisition, Cell, Office of the Under Secretary of De- Act Amendments of 2008; and H.R. 6871, Expe- fense (Acquisition, Technology and Logistics); Tom dited Funds Availability Dollar Limits Adjustment Matthews, Director, Warfighter Requirements and Act of 2008. Evaluation, Office of the Under Secretary (Intel- ligence); MG Jason K. Kamiya, USA, Director Joint HUD’S PROPOSED RESPA RULE Training Directorate (J7); U.S. Joint Training Direc- Committee on Financial Services: Subcommittee on torate, U.S. Joint Forces Command; and Bradley Oversight and Investigation held a hearing entitled: Berkson, Director, Programs, Analysis and Evalua- ‘‘HUD’s Proposed RESPA Rule.’’ Testimony was tion, Office of the Secretary. heard from public witnesses.

VerDate Aug 31 2005 07:14 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D16SE8.REC D16SEPT1 rfrederick on PROD1PC67 with DIGEST D1100 CONGRESSIONAL RECORD — DAILY DIGEST September 16, 2008 DEFEATING AL QAEDA’S AIR FORCE McGarity, U.S. Bankruptcy Court, Eastern District Committee on Foreign Affairs: Subcommittee on the of Wisconsin; and public witnesses. Middle East and South held a hearing on Defeating ILLEGAL WILDLIFE TRADE al Qaeda’s Air Force: Pakistan’s F–16 Program in the Committee on Natural Resources: Subcommittee on Fight Against Terrorism. Testimony was heard from Fisheries, Wildlife and Oceans, oversight hearing on the following officials of the Department of Defense: the impacts that U.S. consumer demand is having on VADM Jeffrey A. Wieringa, Director, Defense Secu- the illegal and unsustainable trade of wildlife prod- rity Cooperation Agency; Mitchell Shivers; MG Bur- ucts and ongoing and proposed efforts to increase ton M. Field, Vice Director, Strategic Plans and Pol- public awareness about these impacts. Testimony icy, Joint Staff; the following officials of the Depart- was heard from Benito A. Perez, Chief, Law Enforce- ment of State: Donald Camp, Deputy Assistant Sec- ment, U.S. Fish and Wildlife Service, Department of retary, Bureau of South and Central Agency, and the Interior; and public witnesses. Frank Ruggiero, Deputy Assistant Secretary, Bureau of Political-Military Affairs. NATIONAL FOREST SYSTEM WORKERS SAFETY FOREIGN ASSISTANCE IN THE AMERICAS Committee on National Resources: Subcommittee on Na- Committee on Foreign Affairs: Subcommittee on the tional Parks, Forest and Public Lands held an over- Western Hemisphere held a hearing on Foreign As- sight hearing on the Pineros: Reviewing the Welfare sistance in the Americas. Testimony was heard from of Workers on Federal Lands. Testimony was heard Senator Menendez; Mark Schneider, former Director, from Hank Kashton, Deputy Chief, Business Oper- Peace Corps; and public witnesses. ations, Forest Service, USDA; Alex Passantino, Act- CYBERSECURITY RECOMMENDATIONS ing Administrator, Wage and Hour Division, De- partment of Labor; and public witnesses. Committee on Homeland Security: Subcommittee on Emerging Threats, Cybersecurity, and Science and DOMESTIC HIV PROTECTION Technology held a hearing entitled ‘‘Cybersecurity Committee on Oversight and Government Reform: Held a Recommendations for the Next Administration.’’ hearing on the Domestic Epidemic Is Worse Than Testimony was heard from David Powner, Director, We Thought: A Wake-Call for HIV Prevention. Information Management Issues, GAO; and public Testimony was heard from the following officials of witnesses. the Department of Health and Human Services: Julie INTEROPERABILITY IN THE NEXT Gerberding, M.D., Director, Centers for Disease ADMINISTRATION Control and Prevention; and Anthony Fauci, Direc- tor, National Institute of Allergy and Infectious Dis- Committee on Homeland Security: Subcommittee on eases, NIH; and public witnesses. Emergency Communications, Preparedness and Re- sponse held a hearing entitled ‘‘Interoperability in DC WORKERS JUSTICE EQUITY; the Next Administration: Assessing the Derailed LEGISLATIVE BRANCH WORKFORCE 700 MHz D-block Public Safety Spectrum Auction.’’ DIVERSITY Testimony was heard from Chief Derek Poarch, Pub- Committee on Oversight and Government Reform: Sub- lic Safety, Homeland Security Bureau, FCC; the fol- committee on Federal Workforce, Postal Service and lowing officials of the Department of Homeland Se- the District of Columbia began consideration of curity: Chris Essid, Director, Office of Emergency H.R. 5600, District of Columbia Court, Offender Communications; and David Boyd, Director, Com- Supervision, Parole, and Public Defender Employees mand, Control, and Interoperability Division; Dep- Equity Act of 2008. uty Chief Charles Dowd, City of New York Police The Subcommittee also held a hearing on Legisla- Department; and public witnesses. tive Branch Diversity Management Review. Testi- mony was heard from Carol Bates, Inspector General, OVERSIGHT—FBI Architect of the Capitol; Carl W. Hoecker, Capitol Committee on the Judiciary: Held an oversight hearing Police, Francis Garcia, Inspector General, GAO; J. on the Federal Bureau of Investigation. Testimony Anthony Ogden, Inspector General, GPO; Karl W. was heard from public witnesses. Schornagel, Inspector General, Library of Congress; COMPENSATION and public witnesses. Committee on the Judiciary: Subcommittee on Com- NO CHILD LEFT INSIDE ACT mercial and Administrative Law, hearing on Com- Committee on Rules: Granted, by a record vote of 5–3, pensation. Testimony was heard from Margaret Dee a structured rule providing for consideration of H.R.

VerDate Aug 31 2005 07:14 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00008 Fmt 0627 Sfmt 0627 E:\CR\FM\D16SE8.REC D16SEPT1 rfrederick on PROD1PC67 with DIGEST September 16, 2008 CONGRESSIONAL RECORD — DAILY DIGEST D1101 3036, the ‘‘No Child Left Inside Act of 2008.’’ The VA SUICIDE HOTLINE rule provides one hour of general debate equally di- Committee on Veterans’ Affairs: Subcommittee on vided and controlled by the chairman and ranking Health hearing on VA Suicide Hotline. Testimony minority member of the Committee on Education was heard from A. Katherine Power, Director, Cen- and Labor. The rule waives all points of order ter for Medical Health Services, Substances and Men- against consideration of the bill except clauses 9 and tal Health Service Administration, Department of 10 of rule XXI. The rule provides that the amend- Health and Human Services; Janet E. Kemp, R.N., ment in the nature of a substitute recommended by VA National Suicide Prevention Coordinator, De- the Committee on Education and Labor now printed in the bill shall be considered as an original bill for partment of Veterans Affairs; and public witnesses. the purpose of amendment and shall be considered as read. The rule waives all points of order against DISABILITY BACKLOG the amendment in the nature of a substitute except Committee on Ways and Means: Subcommittee on So- for clause 10 of rule XXI. cial Security hearing on Clearing the Disability The rule makes in order only those amendments Backlog. Testimony was from the following officials printed in the Rules Committee report. The amend- of the SSA: Frank Cristaudo, Chief Administrative ments made in order may be offered only in the Law Judge; and Patrick O’Connell, Inspector Gen- order printed in the report, may be offered only by eral; and public witnesses. a Member designated in the report, shall be considered as read, shall be debatable for the time specified BUSINESS MEETING in the report equally divided and controlled by the Permanent Select Committee on Intelligence: Sub- proponent and an opponent, shall not be subject to committee on Technical and Tactical Intelligence amendment, and shall not be subject to a demand met in executive session to discuss a Subcommittee for a division of the question in the House or in the report. Committee of the Whole. All points of order against the amendments except for clauses 9 and 10 of rule XXI are waived. The rule provides one motion to re- Joint Meetings commit with or without instructions. The rule provides that, notwithstanding the operation of the pre- BELARUS vious question, the Chair may postpone further consideration of the bill to a time designated by the Commission on Security and Cooperation in Europe: Com- Speaker. mission concluded a hearing to examine the state of democracy and human rights in Belarus and ways DHL AND UPS ARRANGEMENT the Belarusian authorities are complying with their Committee on Transportation and Infrastructure: Held a Organization for Security and Cooperation in Europe hearing on the Effects of Proposed Arrangement Be- (OSCE) election commitments in advance of the Sep- tween DHL and UPS on Competition, Customer tember 28 parliamentary elections, after receiving Service, and Employment. Testimony was heard from testimony from David J. Kramer, Assistant Secretary Senator Brown; Representative Turner; Lee Fisher, of State for Democracy, Human Rights and Labor; Lt. Gov., State of Ohio and Director of Ohio Depart- and Stephen B. Nix, International Republican Insti- ment of Development; David L, Raizk, Mayor, Wil- tute, Laura Jewett, National Democratic Institute for mington, Ohio; and public witnesses. International Affairs, and Rodger Potocki, National Endowment for Democracy, all of Washington, D.C. OIL SPILL IN NEW ORLEANS—SAFETY ON f THE ORLEANS RIVER SYSTEM NEW PUBLIC LAWS Committee on Transportation and Infrastructure: Sub- committee on Coast Guard and Maritime Transpor- (For last listing of Public Laws, see DAILY DIGEST, p. D1041) tation held a hearing on Oil Spill in New Orleans H.R. 6532, to amend the Internal Revenue Code in July 2008 and Safety on the Inland River System. of 1986 to restore the Highway Trust Fund balance. Testimony was heard from RADM James Watson, Signed on September 15, 2008. (Public Law IV, USCG, Director of Prevention Policy for Marine 110–318) Safety Security and Stewardship, Department of Homeland Security; David Westerholm, Director, Office of Response and Restoration, NOAA, Depart- ment of Commerce; and public witnesses.

VerDate Aug 31 2005 07:14 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00009 Fmt 0627 Sfmt 0627 E:\CR\FM\D16SE8.REC D16SEPT1 rfrederick on PROD1PC67 with DIGEST D1102 CONGRESSIONAL RECORD — DAILY DIGEST September 16, 2008 COMMITTEE MEETINGS FOR WEDNESDAY, Act of 2002 to improve the financial assistance provided SEPTEMBER 17, 2008 to State, local, and tribal governments for information sharing activities, H.R. 3815, to amend the Homeland (Committee meetings are open unless otherwise indicated) Security Act of 2002 to require the Secretary of Home- Senate land Security to make full and efficient use of open source Committee on Commerce, Science, and Transportation: to information to develop and disseminate open source hold hearings to examine pending Corporation for Public homeland security information products, S. 3176, to Broadcasting nominations, 10:30 a.m., SR–253. amend the Robert T. Stafford Disaster Relief and Emer- Committee on Environment and Public Works: to hold hear- gency Assistance Act to authorize the President to pro- ings to examine S. 1387, to amend the Emergency Plan- vide mental health and substance abuse services, an origi- ning and Community Right-to-Know Act of 1986 to nal bill to establish a controlled unclassified information provide for greenhouse gases, S. 2080, to amend the Fed- framework, H.R. 6073, to provide that Federal employees eral Water Pollution Control Act to ensure that sewage receiving their pay by electronic funds transfer shall be treatment plants monitor for and report discharges of raw given the option of receiving their pay stubs electroni- sewage, H.R. 1464, to assist in the conservation of rare cally, to amend title 5, United States Code, to provide felids and rare canids by supporting and providing finan- for 8 weeks of paid leave for Federal employees giving cial resources for the conservation programs of nations birth, S. 3350, to provide that claims of the United within the range of rare felid and rare canid populations States to certain documents relating to Franklin Delano and projects of persons with demonstrated expertise in Roosevelt shall be treated as waived and relinquished in the conservation of rare felid and rare canid populations, certain circumstances, S. 3477, to amend title 44, United H.R. 1771, to assist in the conservation of cranes by sup- States Code, to authorize grants for Presidential Centers porting and providing, through projects of persons and of Historical Excellence, H.R. 5975 and S. 3317, bills to organizations with expertise in crane conservation, finan- designate the facility of the United States Postal Service cial resources for the conservation programs of countries located at 101 West Main Street in Waterville, New the activities of which directly or indirectly affect cranes York, as the ‘‘Cpl. John P. Sigsbee Post Office’’, H.R. and the ecosystems of cranes, H.R. 3224, to amend the 6092, to designate the facility of the United States Postal National Dam Safety Program Act to establish a program Service located at 101 Tallapoosa Street in Bremen, Geor- to provide grant assistance to States for the rehabilitation gia, as the ‘‘Sergeant Paul Saylor Post Office Building’’, and repair of deficient dams, H.R. 3999 and S. 3338, S. 3309, to designate the facility of the United States bills to amend title 23, United States Code, to improve Postal Service located at 2523 7th Avenue East in North the safety of Federal-aid highway bridges, to strengthen Saint Paul, Minnesota, as the Mayor William ‘‘Bill’’ bridge inspection standards and processes, to increase in- Sandberg Post Office Building, H.R. 6437, to designate vestment in the reconstruction of structurally deficient the facility of the United States Postal Service located at bridges on the National Highway System, H.R. 5001, to 200 North Texas Avenue in Odessa, Texas, as the ‘‘Cor- authorize the Administrator of General Services to pro- poral Alfred Mac Wilson Post Office’’, and the nomina- vide for the redevelopment of the Old Post Office Build- tions of Ruth Y. Goldway, of California, to be a Commis- ing located in the District of Columbia, S. 2970, to en- sioner of the Postal Regulatory Commission, and Carol hance the ability of drinking water utilities in the United Waller Pope, of the District of Columbia, and Thomas States to develop and implement climate change adapta- M. Beck, of Virginia, both to be a Member of the Federal tion programs and policies, S. 1828, to require the Ad- Labor Relations Authority, 10 a.m., SD–342. ministrator of the Environmental Protection Agency to Committee on the Judiciary: to hold oversight hearings to conduct a study of the feasibility of increasing the con- examine the Federal Bureau of Investigation, 9:30 a.m., sumption in the United States of certain ethanol-blended SH–216. gasoline, and other pending legislation, 10 a.m., SD–406. Committee on Veterans’ Affairs: to hold hearings to exam- Committee on Foreign Relations: to hold hearings to examine the nomination of Patrick W. Dunne, of New York, ine Russia’s aggression against Georgia, focusing on the to be Under Secretary for Benefits of the Department of consequences and responses, 10 a.m., SD–419. Veterans Affairs, 9:30 a.m., SR–418. Committee on Health, Education, Labor, and Pensions: to Special Committee on Aging: to hold hearings to examine hold hearings to examine 401(k) plan fee disclosure, fo- direct-to-consumer medical device advertising, focusing cusing on helping workers save for retirement, 10 a.m., on marketing and medicine, 10:30 a.m., SD–562. SD–430. Committee on Homeland Security and Governmental Affairs: House business meeting to consider S. 3474, to amend title 44, United States Code, to enhance information security of Committee on Appropriations, Subcommittee on Agri- the Federal Government, S. 3384, to amend section culture, Rural Development, Food and Drug Administra- 11317 of title 40, United States Code, to require greater tion, and Related Agencies, on Food Safety—FDA, 2 accountability for cost overruns on Federal IT investment p.m., 2362A Rayburn. projects, H.R. 2631, to strengthen efforts in the Depart- Subcommittee on Financial Services and General Gov- ment of Homeland Security to develop nuclear forensics ernment, on Public, Educational, and Governmental capabilities to permit attribution of the source of nuclear (PEG) Access to Cable Television, 10 a.m., 2220 Ray- material, H.R. 6098, to amend the Homeland Security burn.

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Committee on Education and Labor, Subcommittee on tionality Act to protect the well-being of soldiers and Workforce Protections, hearing on the Secret Rule of the their families, and for other purposes; H.R. 5882, To re- Department of Labor’s Worker Health Risk Assessment capture employment-based visas lost to bureaucratic Proposal, 10 a.m., 2175 Rayburn. delays and to prevent losses of family- and employment- Committee on Energy and Commerce, to consider the fol- based immigrant visas in the future; H.R. 5924, Emer- lowing bills: H.R. 6469, Organ Transplant Authoriza- gency Nursing Supply Relief Act; and H.R. 5950, De- tion; S. 1760 Healthy Start Reauthorization Act of 2007; tainee Basic Medical Care Act of 2008, and a resolution H.R. 1532, Comprehensive Tuberculosis Elimination Act and report recommending to the House of Representa- of 2007; H.R. 2994, National Pain Care Policy Act of tives that the Attorney General Michael B. Mukasey be 2007; H.R. 5265, Paul D. Wellstone Muscular Dys- cited for contempt of Congress, 10:15, a.m., 2141 Ray- trophy Community Assistance, Research, and Education burn. Amendments of 2008; the Meth Free Families and Com- Committee on Oversight and Government Reform, Sub- munities Act; H.R. 1014, Heart Disease Education, Anal- committee on Information Policy, Census and National ysis Research, and Treatment for Women Act; H.R. Archives, hearing on Implementation of the Office of 6353, To amend, title VII of the Public Health Service Government Information Services, 2 p.m., 2154 Rayburn. Act to establish a loan program for eligible hospitals to Committee on Small Business, Subcommittee on Finance establish residency training programs; H. R. 1076, and Tax, hearing entitled ‘‘Disaster Savings Accounts: HIPPA Recreational Injury Technical Correction Act; and Protections for Small Businesses During a Disaster,’’ 2 H.R. 758, Breast Cancer Patient Protection Act, 10 a.m., p.m., 1539 Longworth. 2123 Rayburn. Committee on Transportation and Infrastructure, Sub- Committee on Financial Services, hearing entitled ‘‘Imple- committee on Aviation, hearing on FAA Aircraft Certifi- mentation of the Hope for Homeowners Program and a cation: Alleged Regulatory Lapses in the Certification and Review of Foreclosure Mitigation Efforts,’’ 10 a.m., 2128 Manufacture of the Eclipse EA–500, 10 a.m., 2167 Ray- Rayburn. burn. Committee on Foreign Affairs, Subcommittee on Asia, the Permanent Select Committee on Intelligence, Subcommittee Pacific and the Global Environment, hearing on Export- on Intelligence Community Management, executive, on ing Toxic Trash: Are We Dumping Our Electronic Waste on Poorer Countries?, 2 p.m., 2172 Rayburn. Security Clearance proceedings, 10 a.m., H–405 Capitol, Committee on Homeland Security, Subcommittee on Bor- and a hearing on the Administration progress toward re- der Maritime and Global Counterterrorism, hearing enti- form of the security clearance process, as set forth by the tled ‘‘Transportation Worker Identification Credential: A Intelligence Reform and Terrorism Prevention Act of Status Update,’’ 10 a.m., 311 Cannon. 2004, 2 p.m., 2253 Rayburn. Subcommittee on Management, Investigations and Oversight, hearing entitled ‘‘Waste, Abuse and Mis- Joint Meetings management: Calculating the Cost of DHS Failed Con- Commission on Security and Cooperation in Europe: to hold tracts,’’ 2 p.m., 311 Cannon. hearings to examine the role of Organization for Security Committee on the Judiciary, to mark up the following and Cooperation in Europe (OSCE) institutions in advanc- bills: H.R. 6598, Prevention of Equine Cruelty Act of ing human rights and democracy, 3 p.m., 2325 Rayburn 2008; H.R. 6020, To amend the Immigration and Na- Building.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, September 17 10 a.m., Wednesday, September 17

Senate Chamber House Chamber Program for Wednesday: After the transaction of any Program for Wednesday: Complete consideration of morning business (not to extend beyond 1 hour), Senate H.R. 6842—National Capital Security and Safety Act. will continue consideration of S. 3001, National Defense Consideration of H.R. 3036—No Child Left Inside Act Authorization Act. of 2008 (Subject to a Rule).

Extensions of Remarks, as inserted in this issue

HOUSE Green, Gene, Tex., E1809 Miller, Jeff, Fla., E1798 Higgins, Brian, N.Y., E1805 Mitchell, Harry E., Ariz., E1804 Akin, W. Todd, Mo., E1802 Hodes, Paul W., N.H., E1800 Payne, Donald M., N.J., E1811 Andrews, Robert E., N.J., E1803 Johnson, Timothy V., Ill., E1798 Reichert, David G., Wash., E1799 Bordallo, Madeleine Z., Guam, E1796, E1799, E1801 Jordan, Jim, Ohio, E1810 Rogers, Harold, Ky., E1797 Braley, Bruce L., Iowa, E1795 Kildee, Dale E., Mich., E1802 Butterfield, G.K., N.C., E1803 Knollenberg, Joe, Mich., E1800 Rush, Bobby L., Ill., E1807, E1809 Capps, Lois, Calif., E1801 Kucinich, Dennis J., Ohio, E1801, E1802, E1803, E1803, Sa´ nchez, Linda T., Calif., E1797 Castor, Kathy, Fla., E1801 E1804 Scott, David, Ga., E1795 Clyburn, James E., S.C., E1798, E1806 Latham, Tom, Iowa, E1795 Shuster, Bill, Pa., E1806 Cohen, Steve, Tenn., E1796 McCarthy, Carolyn, N.Y., E1808 Solis, Hilda L., Calif., E1797 Diaz-Balart, Lincoln, Fla., E1807 McCotter, Thaddeus G., Mich., E1805 Stupak, Bart, Mich., E1806 Emanuel, Rahm, Ill., E1799 McGovern, James P., Mass., E1800, E1804 Udall, Mark, Colo., E1810 Franks, Trent, Ariz., E1811 McHugh, John M., N.Y., E1808 Visclosky, Peter J., Ind., E1805 Graves, Sam, Mo., E1795, E1797, E1797, E1799, E1800, Maloney, Carolyn B., N.Y., E1799, E1802 Wilson, Joe, S.C., E1804 E1802, E1802, E1806, E1806, E1807 Markey, Edward J., Mass., E1796 Green, Al, Tex., E1807 Michaud, Michael H., Me., E1797 Wolf, Frank R., Va., E1807, E1808

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