April 24, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 6801 SENATE—Thursday, April 24, 2008

The Senate met at 9:30 a.m. and was The legislative clerk read the fol- The Senator from Washington. called to order by the Honorable MARK lowing letter: f L. PRYOR, a Senator from the State of U.S. SENATE, VETERANS’ BENEFITS Arkansas. PRESIDENT PRO TEMPORE, ENHANCEMENT ACT The PRESIDING OFFICER. Today’s Washington, DC, April 24, 2008. prayer will be offered by Rev. Don Da- To the Senate: Mrs. MURRAY. Mr. President, we are vidson of First Baptist Church, Alexan- Under the provisions of rule I, paragraph 3, now 51⁄2 years into the war in Iraq. We dria, VA. of the Standing Rules of the Senate, I hereby have been at war longer now than we appoint the Honorable MARK L. PRYOR, a fought in World War II, and we are cre- Senator from the State of Arkansas, to per- ating hundreds of new veterans each PRAYER form the duties of the Chair. and every year. Yet, too often, what we The guest Chaplain offered the fol- ROBERT C. BYRD, have seen is that this administration lowing prayer: President pro tempore. has failed to acknowledge the price our Shall we pray. Mr. PRYOR thereupon assumed the veterans and their families are paying Dear God, our Heavenly Father, cre- chair as Acting President pro tempore. in service. From the shameful condi- ator of this vast universe and lover of f tions at Walter Reed Hospital a year all mankind, we begin our day with the ago, and VA facilities across the coun- recognition that You are sovereign RECOGNITION OF THE MAJORITY try, to a lack of mental health coun- Lord and that we are accountable to LEADER selors, to a benefit claims backlog of You above all other allegiances. The ACTING PRESIDENT pro tem- months and sometimes years for our Thank You for this rich and diverse pore. The majority leader is recog- veterans, our veterans have had to nized. country, the United States of America, struggle to get the basic care they were and for this great deliberative body and f promised. And now, just this week, in the role each Member plays in leading SCHEDULE the last few days, we got more evidence our Nation. Grant that these Members that this administration has been cov- of the Senate will have wisdom as they Mr. REID. Mr. President, we are going to be in a period for the trans- ering up the extent of the toll this war wrestle with issues large and larger. has taken on our troops. action of morning business this morn- Show them what is right, and may they Internal e-mails that became public ing for 1 hour. The majority will con- find the courage to act according to in a court hearing showed that the VA their convictions and not the whims of trol the first 30 minutes and the Repub- has vastly downplayed the number of ever-changing culture. licans will control the final 30 minutes. suicides and suicide attempts by vet- As the prophet Jeremiah said: When Following morning business, the Sen- erans in the last several years. they stand at the crossroads and look, ate will resume consideration of S. Last November, an analysis by CBS may they ask for the ancient paths and 1315, the Veterans’ Benefits Enhance- News found that over 6,200 veterans where the good way is and walk in it. ment Act. There will be up to 60 min- had, sadly, committed suicide in 2005. Then our Nation can have rest for her utes for debate on the Burr amendment That is an average of 17 a day. When soul. prior to a vote in relation to the they were confronted then, the VA We ask You to pour out Your bless- amendment, to be followed by a vote said: Oh, no, no, no, those numbers are ings on America. But we are weak, on passage of the bill. much lower than that. Now we find Lord, prone to wander, and we feel it; Upon disposition of the veterans bill, that according to internal e-mails from prone to leave the God we love. Yet the Senate will consider H.R. 493, the the VA’s head of mental health, Dr. Ira You are gracious, compassionate, full Genetic Nondiscrimination Act. The Katz, 6,570 veterans actually com- of mercy, and eager to forgive. We turn only amendment in order to the bill is mitted suicide in 2005, an average of 18 to You for grace and hope and health. a Snowe-Kennedy-Enzi substitute. a day. Those e-mails also revealed that May this be a day when all of us, in- There will be up to 2 hours for debate VA officials also knew that another side and outside this Chamber, wher- on the substitute and on the bill prior 1,000 veterans who are receiving care at ever we be, seek the fulfillment of Je- to a vote on passage of this legislation. our VA medical facilities attempt sui- sus’s words: ‘‘Thy kingdom come, Thy We expect the first vote to occur cide each month. Those numbers offer will be done, on Earth as it is in Heav- around noon today, Mr. President. tragic evidence that our Nation is fail- en.’’ f ing thousands of veterans every year, I pray this in His precious Name. RESERVATION OF LEADER TIME and they reflect an administration that Amen. has failed to own up to its responsibil- The ACTING PRESIDENT pro tem- f ities and failed even to own up to the pore. Under the previous order, the true impact of the war on our veterans. PLEDGE OF ALLEGIANCE leadership time is reserved. What is most appalling to me is that The Honorable MARK L. PRYOR led f this is not the first time the VA has covered up the problems facing our vet- the Pledge of Allegiance, as follows: MORNING BUSINESS I pledge allegiance to the Flag of the erans who have sacrificed for our coun- United States of America, and to the Repub- The ACTING PRESIDENT pro tem- try. Time and again, this VA told us lic for which it stands, one nation under God, pore. Under the previous order, the one thing in public while saying some- indivisible, with liberty and justice for all. Senate will proceed to a period for the thing completely different in private. f transaction of morning business for up It is outrageous to me that our VA offi- to 60 minutes, with Senators permitted cials would put public appearance APPOINTMENT OF ACTING to speak for up to 10 minutes each, ahead of people’s lives. Yet it appears PRESIDENT PRO TEMPORE with the time equally divided and con- that is what is happening again and The PRESIDING OFFICER. The trolled between the two leaders or again. clerk will please read a communication their designees, with the majority con- When we as Members of Congress sit to the Senate from the President pro trolling the first half and the Repub- down to try to determine what re- tempore (Mr. BYRD). licans controlling the final half. sources we need to give to the VA, we

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

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\BR08\S24AP8.000 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6802 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 April 24, 2008 have to truly understand what is going sult of serving in conflicts since the and support they need. We expect you on. If there is a problem, we have to gulf war. This last piece is one I have to do the same. act. It is our duty and the duty of this worked on extensively, as I have Mr. President, I yield the floor. administration to care for our vet- worked with gulf war veterans in my The ACTING PRESIDENT pro tem- erans. By covering up the true extent State from the early nineties who are pore. The Republican leader. of the problem, the VA has actually now coming in with high rates of mul- Mr. MCCONNELL. Mr. President, I hindered our ability to get those re- tiple sclerosis, to find out if there is a yield myself whatever leader time I sources to the veterans who need them. connection. It is a critical piece of leg- may use. That is irresponsible, and it is wrong. islation. The ACTING PRESIDENT pro tem- I have come to the floor today be- But I am disappointed that the Re- pore. The Senator has that right. cause we now have an opportunity to publicans object to the provision in the f extend benefits to our veterans. These bill before us that extends VA benefits 208TH ANNIVERSARY OF LIBRARY benefits that are in the bill that is be- to Filipino World War II veterans. OF CONGRESS fore the Senate today will help them Those now very elderly Filipino vet- with job training, insurance, housing, erans were called to service by our Mr. MCCONNELL. Mr. President, the and other matters. The bill that is be- country and by President Roosevelt in Library of Congress celebrates today fore us offers veterans peace of mind 1941. They served right alongside our its 208th anniversary. On this day in and will help them to readjust as they U.S. troops. They fought to protect our 1800, President John Adams approved come home to civilian life. interests as they were asked to in the the appropriation of $5,000 for the pur- The Veterans’ Benefits Enhancement Pacific. They consider themselves to be chase of such books as may be nec- Act the Senate is currently considering American troops, and we consider them essary for the use of Congress. expands traumatic injury insurance. It to be part of our military. The original collection included just increases job training—vital to many We have a moral duty to repay their 740 volumes and 3 maps, which are of our veterans who are coming home. sacrifice by providing them with the stored right here in the Capitol. In It extends housing benefits to veterans care they have earned, just as we fact, what is now the reception area of with severe burns, something we have should do with all of our veterans. But the Republican leader’s office was the to do. And critically, it restores lim- in 1946, when the war was over, our Na- Library’s very first home. When Brit- ited pension benefits to Filipino vet- tion turned its back on them and ish troops burned the Capitol building erans who fought for our country in stripped away their rights to their vet- in 1814, they used the books and maps World War II. erans benefits. That act of Congress de- of the Library to ignite the flames, and This is a bill that we have done in nied those men the access to health all 3,000 volumes in the collection were our VA Committee that normally care and limited compensation to half destroyed. would come to the floor and pass of what their U.S. counterparts re- Several years ago, when British straight through this body by unani- ceived. I believe that act of Congress Prime Minister Tony Blair addressed a mous consent. It is budget neutral, and was wrong, but I believe it is just as joint session of Congress, he visited the it works to provide long overdue care wrong that 62 years later we still have leader’s suite and told then-majority for some of our Nation’s heroes. But, not corrected that injustice. leader Bill Frist that although it was instead, this bill has languished for 9 Some on the other side are saying coming a bit late, he was sorry for the months. Why? Because the Republicans those benefits are too generous. Those fire incident. chose obstruction over our veterans. veterans have been denied benefits for Today, the Library of Congress is the The majority leader and our chairman, over 60 years. How can we say giving largest library in the world. There are Senator AKAKA, have worked since last them a few hundred dollars in the last more than 138 million items, including August to try to come to an agree- remaining months of their lives is too books, recordings, photographs, maps, ment. They have tried to come to the much? Sixty-two years later, those vet- sheet music, and manuscripts. At the floor and work out amendments and erans are in their twilight years. They Library of Congress, access to this figure out a way to move this bill for- need and they deserve the care this wonderful resource is no longer limited ward. But for 9 months the Republicans country ought to give them. We cannot to Members of Congress. Today, the preferred to play political games and make up for lost time for these vet- general public can browse everything block this critically important bill. It erans, but certainly we can right this from Presidential papers to books in is just part of an overall pattern we injustice. We have the opportunity over 470 languages, dating as far back have seen on this floor with numerous today to do what is honorable, what is as the 15th century. bills we have been trying to bring for- moral, and treat our Filipino veterans Two hundred eight years after its ward. as the heroes they are, and it is long launch, the Library is renowned for its Today, finally we have come to an past time that we did. original mission of making resources agreement—late, but finally have come I urge my colleagues to support this available and useful to the Congress to an agreement—and the Republicans bill later this morning when we vote on and the American people and sus- have agreed to move this bill forward. it and to oppose the Burr substitute taining and preserving a universal col- Later this morning, we are going to amendment which would remove those lection of knowledge and creativity for have the opportunity to vote for legis- provisions for our Filipino veterans. future generations. Over 3,500 staff lation that extends important benefits Our veterans have waited 9 months members work for the Library, and we to help our veterans transition back for this bill to come before the Senate. thank them for doing so much to keep into civilian life. It expands home-im- Our Filipino veterans have waited our rich history and heritage alive. provement benefits to completely dis- more than six decades. Our veterans f abled servicemembers before they have all earned these benefits by sacri- enter the VA system to help them ficing for us. They should not be forced LOWER GAS PRICES adapt to their new homes. This will to wait any longer. Mr. MCCONNELL. Mr. President, on prevent months or even years of delays To our VA which has continually hid- another issue, 2 years ago today, while they transition from the military den the facts from us, we need them to Democrats announced they had a com- into the VA care. The bill we are con- be honest and forthright. This country monsense plan to lower gas prices. sidering extends monthly educational wants to be there to support our vet- When Democrats took over control of assistance for veterans who are pur- erans, and we cannot do that if we are Congress last January, the average suing an apprenticeship or on-the-job being given misinformation. price of a gallon of gas was $2.32. training, and it requires the National So my message to the VA is: We Today, it is $3.53, according to AAA. Academy of Sciences to study the risk stand beside you as a country to work Apparently, their commonsense plan is of developing multiple sclerosis as a re- to make sure our veterans get the care not working as intended.

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\BR08\S24AP8.000 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 6803 In fact, since taking control of Con- HONORING OUR ARMED FORCES Tina said: gress last year, Democrats not only CORPORAL CHRISTOPHER TYLER WARNDORF When 9/11 happened, he came and told me failed to deliver on their promise to Mr. MCCONNELL. Mr. President, I he was going to join. He loved the Marines. lower gas prices, they have repeatedly rise today in honor of a young man He excelled at it. pushed for policies that in fact would from Kentucky who was lost in the per- Tyler enlisted in the Marine Corps in raise, not lower, prices at the pump. formance of his duty. CPL Christopher the fall of 2003, a few months after Every week, I hear from Kentuckians Tyler Warndorf, of Burlington, KY, was graduating from Conner High School. who are feeling the squeeze each time tragically killed on August 29, 2006, in He spent the whole summer beforehand they fill up their tanks. High gas prices Iraq’s Al Anbar Province, after an ex- running and getting in shape. He was hurt families, hurt commuters, hurt plosion set by terrorists went off. assigned to Lima Company, 3rd Bat- truckers, who are paying record prices A U.S. marine, he was 23 years old. talion, 8th Marine Regiment, 2nd Ma- for diesel, and drive up the prices of Corporal Warndorf’s mother Tina ex- rine Division, based in Camp Lejeune, daily necessities, including food. Yet plains the circumstances of her son’s NC, and was eventually sent to Iraq some of our friends, reverting to form, death and how he died a hero. under the First Marine Expeditionary appear to have no plan except to in- The suicide bomber’s plan was to come Force, Forward. crease taxes on energy companies, through the gates of their base. Tyler As a marine, Tyler deployed once to which of course will raise prices for stopped him before that happened. Haiti and twice to Iraq. While serving consumers, not lower them. For his bravery in uniform, Corporal in Haiti, Tyler was appalled to see chil- At a time of record-high gas prices, Warndorf received several medals, dren forced to scavenge for food and Democrats want to tax them to even awards, and decorations, including the eat out of garbage cans. He sent to his higher levels. The reality is high gas National Defense Service Medal, the family a list of food to send, which he prices are the result of misguided poli- Navy Unit Commendation Ribbon, and passed out to the neediest kids. cies that have been in place for many the Purple Heart. Tyler did not let the thousands of years and will take time to bring down. Looking back, it is clear Tyler’s serv- miles between Iraq and Kentucky For example, for too long we have kept ice to his country, and indeed his en- weaken the bonds between him and his too much of America’s oil and gas re- tire life, was a gift. Tina remembers family. His little sister Katelyn re- sources locked up, literally off limits how she and Tyler’s father Christopher ceived a special birthday present when and unavailable to help America’s fam- Joseph Warndorf were once told they she turned 13. Tyler had 13 white roses ilies meet their energy needs. This has could not expect to have children. delivered to her class at Conner Middle left us 60 percent dependent on foreign A month before we were to be married, the School, while over the intercom a tape sources of oil and vulnerable to price doctors told us children would not be pos- of Tyler singing ‘‘Happy Birthday’’ hikes and the whims of foreign govern- sible. We were ecstatic when we found out we played. It was a touching gift from a ments. were going to have a baby. It was a pretty big brother who, had he been there, high-risk pregnancy and a tough delivery. would surely be looking over Katelyn’s We took a small step last Congress Tyler came in fighting and left fighting. when we opened an area in the Gulf of report card, as he had in the past. ‘‘He Tina and Christopher went on to have made sure we got good grades,’’ Mexico to energy production, but there three children in all—Nicholas and is much more we can and should do if Katelyn remembers of Tyler. ‘‘If not, Katelyn soon joined eldest son Tyler, he would give us a talking-to.’’ we want to have a meaningful impact who went by his middle name because on supplies and prices in the long term. Tyler’s family was blessed to receive Tina didn’t want to hear her son called a phone call from him in Iraq before his Back in 1995, when President Clinton Little Chris. vetoed a bill opening a very small por- tragic death, on the happy occasion of As a child, Tyler had to wear braces a new niece born into the family. ‘‘My tion of the Alaskan National Wildlife to straighten his legs. But that didn’t Refuge to exploration, the price of oil daughter and I got to talk to him 45 stop him from going on to play sports minutes before he was killed,’’ Tina re- was $19 a barrel. Over a decade later, and becoming a leader of other kids when a million barrels a day from calls. ‘‘If anything, it was comforting, both on and off the playing field. because if it had been weeks, it would ANWR would have been flowing to U.S. Tina remembers: consumers, oil is $118 a barrel. While have been really hard.’’ Tyler was often teased for being so small. The support the Warndorf family re- there is not much Government can do When he went out for football, he was so to lower gas prices overnight, this was small none of the gear would fit him. The ceived during Tyler’s funeral was of a policy that, had it not been vetoed 13 coach got gear from the peewee football tremendous solace. years ago, could be making a difference league and told me he was on the team be- Tina said: today. cause of his heart, his soul, and his deter- I didn’t expect what we received. Streets mination. were lined the entire way to the funeral. I Democrats have also blocked pro- had no idea. For the visitation, the people posals to increase refining capacity, In addition to playing football and soccer as a kid, Tyler was active in his gave me strength. Over 4,000 people visited. which would lead to additional supplies They will never know how much their sup- church, the First Church of Christ in and lower prices. We have had some port and kindness meant. successes when we have acted in a rea- Burlington. He convinced his family to join as well and made friends through One of those supporters was Tyler’s sonable, bipartisan way, as we did captain, who used to invite Tyler to his when we raised the fuel economy the church’s youth group. Tina remembers how little trouble house for dinner on weekends. He told standards and increased the use of re- Tyler gave her growing up. the Warndorfs that Tyler was such a newable fuels in last year’s Energy bill. wonderful person, he was as proud of But we will not have a balanced, effec- He always told me where he was going to be. I wish all parents could have that rela- him as if he had been his own son. tive, sensible energy policy until we tionship with their kids. Tyler set the bar My prayers go out to the Warndorf also address the issue of making more with Katelyn and Nick because they saw how family for the loss of this fine young of America’s energy here at home I trusted him. There was never a reason to man. We are thinking today of his available to American customers. worry. mother Tina; his brother Nicholas; his So we want to know what is the Tyler was interested in bridges and sister Katelyn; and many other beloved Democrats’ commonsense plan to lower architecture and for a while set his family members and friends. Tyler was gas prices? It was announced 2 years sights on becoming a structural engi- predeceased by his father Christopher ago. What is it? We haven’t seen it yet. neer. After a family visit to California, Joseph Warndorf. What is taking them so long to unveil he thought about going to school there. Tyler leaves behind many grateful it? The American people are waiting But then came the terrorist attacks of people who were happy to have known and paying more at the pump each day September 11, 2001, and those plans him and felt his presence in their lives. they wait. changed. His mother Tina expresses this feeling

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\BR08\S24AP8.000 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6804 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 April 24, 2008 best of all, so I will leave my col- American agriculture, they are sensing House for a vote by next week—legisla- leagues with her words: urgency—it is time Congress senses ur- tively impossible. Many soldiers commented on how amazing gency. Six months negotiating a bill in I say to my friend from Idaho, you he was. This made me very proud. He was my most people’s minds is about long can either be realistic or unrealistic, confidant, my son, and my best friend. At enough. you can help us out and be supportive least we got to have him at all. So for a full 2-week extension, I will of a process that has taken a lot of The Senate salutes Christopher Tyler object. I object. time and effort by both Senator Warndorf for his service to his country. The ACTING PRESIDENT pro tem- CHAMBLISS and me, by Republicans and He reminded those who knew him what pore. Objection is heard. Democrats. We have been working very it was to be a hero, and we will forever Mr. HARKIN. Mr. President, I say to hard on this, and we are very close to honor his noble sacrifice. my colleague from Idaho that in 1996 getting it done. To put on just a 1-week I yield the floor, and I suggest the ab- when that farm bill came up, it was 6 extension is just unrealistic. sence of a quorum. months late. It was signed into law Mr. CRAIG. Will the Chairman yield? The ACTING PRESIDENT pro tem- April 4, 6 months past due. I do not re- Mr. HARKIN. I yield to my friend pore. The clerk will call the roll. call the Senator from Idaho raising any from Idaho. The legislative clerk proceeded to objections. He was here at that time. Mr. CRAIG. In everything I say, it is call the roll. And that was an easy farm bill. This is not a reflection on the work of the Sen- Mr. HARKIN. Mr. President, I ask a very tough one. It is tough because ate, it is a reflection of reality, and unanimous consent that the order for there are tax measures that have come 1996 doesn’t have anything to do with the quorum call be rescinded. into it—not of my doing, not of the it. This is 2008, and agriculture today is The ACTING PRESIDENT pro tem- doing of my ranking member. But the considerably different than it was in pore. Without objection, it is so or- Finance Committee and others got in- 1996. dered. volved in this, so we have tax measures Today on the news you are actually f that have been a long, drawn-out proc- hearing some supermarkets talk about ess. This has sort of been out of our ju- the shortage of a food supply. I don’t TEMPORARY EXTENSION OF THE risdiction. know if we have ever talked food sup- FARM SECURITY AND RURAL IN- Senator CHAMBLISS and I have been ply shortages—ever in my lifetime—for VESTMENT ACT OF 2002 dogged in getting the work done on the American consumers. Mr. HARKIN. Mr. President, I ask Agriculture bill, and we have. I say to If what the Chairman tells me is ac- unanimous consent that the Senate my friend from Idaho, if this were only curate, and I have no reason to doubt proceed to the immediate consider- the Agriculture bill, we would have had him—and Senator CHAMBLISS has done ation of S. 2903 introduced earlier this done a long time ago. This has to a wonderful job of keeping me and our today by myself. do with tax measures. As such, neither colleagues informed—but collectively The ACTING PRESIDENT pro tem- Senator CHAMBLISS nor I have control you have told this Senate more in the pore. The clerk will report the bill by of that; we are not chairman or rank- last 10 minutes than we have heard in title. ing member of the Finance Committee a month from the collective principals The legislative clerk read as follows: or Ways and Means. on where we are with the progress. If A bill (S. 2903) to amend Public Law 110–196 I say to my friend from Idaho, so by next week you have completed your to provide for a temporary extension of pro- they were 6 months overdue in 1996. So work and we are simply ready to ink it grams authorized by the Farm Security and we are over 6 months overdue right and get it into a final package—I told Rural Investment Act of 2002 beyond April now. We are very close to getting this Senator CHAMBLISS I wouldn’t be on 25, 2008. agreement done. We worked today, the floor today if that had happened Mr. HARKIN. Mr. President, I ask worked yesterday, and things are com- this week. But it has not happened. unanimous consent to modify the bill ing together. We made real progress. It You have made progress. What is at the desk to insert the date May 9, has been slow, but it has been real. We wrong, Mr. Chairman, with coming 2008, in both paragraph 1 and paragraph have reached a number of agreements, back here at the end of next week, re- 2, in lieu of May 2. and we are very close to putting this porting your work product and saying: The ACTING PRESIDENT pro tem- together. Give us another extension and we will pore. Is there objection to the modi- Why would we want a 2-week exten- put it in final. That is a report to fication? sion? The House is not even in tomor- American agriculture, the kind they Mr. CRAIG. Mr. President, reserving row, for one thing. Then we have to fin- now deserve, more than they did 6 the right to object. ish this. We have to go back into full months ago. This is the fourth exten- The ACTING PRESIDENT pro tem- conference. There are some items that sion you have asked for, and I am sim- pore. The Senator from Iowa. are going to require a little bit of de- ply saying I will give you one more, Mr. CRAIG. Mr. President, I am in- bate and some votes. Even if we were but you said it—the House is going out clined to object. This is no reflection at to finish this bill by next Wednesday, tomorrow. Is that a sense of urgency, all on the chairman of the Agriculture which I think is possible, it is going to that they are not staying here and Committee and the ranking member. take another week just to do the paper- working and completing the work? We are now 6 months into working on work and get everything together. It is Give them 2 weeks and they will go out a new farm bill. In 2 weeks, we will humanly impossible—humanly impos- another 3 days. probably start grain harvest in the sible—legislatively impossible to get America’s farming community senses panhandle of Texas. Last week, I came everything done in 1 week. That is why urgency at this moment. I hope we do. to the floor in a sense of frustration I asked for 2 weeks, because that is re- I know you do, and I know the ranking and urgency for American agriculture, alistic. It is unrealistic, at this point in member did. In no way is this a criti- for the Congress to complete its work. time, on Thursday, to say we can get cism of your work product and your I am told by the chairman and the everything done by next Thursday. It work effort. You have done a mar- ranking member that a great deal has is just impossible. I want to be real- velous job. But I think it is time col- been accomplished this week and a istic. lectively Congress get their work fin- sense of urgency is beginning to build. I do not want to play any games ished. I would be willing to extend current around here. Frankly, we could finish I thank the Senator for yielding. farm policy for another week while the our work, we can get the stuff done, Mr. HARKIN. We just have a dis- principals work on the finalization of a but we can’t get it all nailed down, the agreement on this issue. I guess, due to new farm bill because their work prod- paperwork done, all that stuff that has the objection—I guess we will be back uct is a good one. I am not here to de- to be done to clean up everything to here probably again next week asking stroy it. I am here to say, on behalf of get it to this body and get it to the for another extension.

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\BR08\S24AP8.000 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 6805 The ACTING PRESIDENT pro tem- But we are very close. And I think culture Committee worked very hard. pore. The Senator from Georgia is rec- there is an opportunity to get this The groundwork was laid when Senator ognized. done. It is not going to be done, com- CHAMBLISS was chairman of the com- Mr. CHAMBLISS. Let me say by way pleted, in the next week, but I have no mittee. When it changed hands after of reporting where we are on this bill problem with a 1-week extension be- the last election and I was privileged to to all of our colleagues that we have 13 cause I do think it will keep the pres- take over as chairman, we worked to- titles on the farm bill. We have now sure on. It will require us to ultimately gether. We passed a great farm bill in closed six of those titles. I think by the get something done. the Senate, something I was very proud end of the day there is the opportunity Another factor in here is the White of, and I think Senator CHAMBLISS—all for us to close at least a couple more of House. The White House has to be in- of us were. We passed a farm bill with those titles, maybe even more. Despite volved because the President has to 79 votes. the fact that the House is going out sign whatever product we send to him. Now, a lot of times people around the today and we are still going to be here, Another problem is, if it were up to country—you hear them say: Can’t you the principals involved in this from the Senator HARKIN and me, we would have people quit your bickering and get conference standpoint as well as staff had this bill done long ago. We had the things done? Well, I thought we did are going to continue to work through shortest session in the Senate Agri- that on the farm bill. You can’t get this all through the weekend, as all of culture Committee when we reported much better than 79 votes. That is the our staff have done for all of these 6 this bill out of the committee under most votes the farm bill has ever had months. Staff has been unbelievable, your leadership. We got it done in a on the Senate floor. So Republicans, trying to wade through this. day and a half. We went into con- Democrats, East, West, North, South— But here is our practical problem. We ference, and we appointed our conferees different regions all were supporting it. have never had this problem with the fairly quickly. It took the House al- So you would think the administration farm bill. This is the third one I have most 6 months to appoint their con- might have said: Well, gee, with that, been involved in as a Member of Con- ferees. We have 11 conferees, the House maybe we ought to work with them gress—I have also been participating in has 49 conferees, all of whom have to be and get it done. But we got a veto several others—and I have never seen available to be in 1 room at the same threat right away. So, again, I thought we had a good this situation before; that is, we had to time and all of whom had the oppor- product here when we passed it in the go to the Finance Committee and Ways tunity to discuss their particular part Senate. But, understanding that the and Means Committee to ask them for of this bill. It has been a nightmare House did not have the same views as some spending savings and some rev- from that standpoint, but we are get- we did, we had to go to conference. But enue measures to allow us to write a ting closer. I can say this again, that I hope in an- farm bill that is truly a meaningful I appreciate the Senator from Idaho other farm bill that will come up 5 safety net for our farmers and ranch- being reasonable with us as far as us years from now, this is not going to ers. getting a 1-week extension, and I would happen again, that this is not going to But just as important, because 66 implore that we move forward with it, happen again with the Finance Com- percent of the funding in this farm bill send it to the House, and hopefully get mittee and the Ways and Means Com- is going to our nutrition programs— this concluded. mittee basically controlling our agen- our food stamps, our school lunches, I yield the floor. da. They are good people. I do not want our food banks, all of which are so inte- Mr. HARKIN. Mr. President, I wish to to cast aspersions on any committee or grally important and all of which are echo a little bit what my friend from anything like that. But they have their within the jurisdiction of the Agri- Georgia just said. I will say in all can- agenda, they have what they want to culture Committee—we have had to dor to my friend from Idaho that his do. look to Ways and Means to finance like action last week had an effect. I will be The Agriculture Committee did its very frank about that. It did not go un- we never had to before. work. As Senator CHAMBLISS said, if it Second, the Senate had a tax package noticed in our deliberations. Frankly, I had been just our bill, the Agriculture that is $7 billion on our bill that did think it caused us to do a lot of things bill, we would have been done with this not appear in the House bill. We had a in the last week. So I give that to my a long time ago. Our differences, what- lot of disagreement, a lot of argument friend from Idaho. ever they are, are minor. We had basic about that. But as of last night, I think I guess the only reason I was a little agreements on different parameters we made some real progress. As I have upset, I think sometimes when we try and things such as that. So we had a already told my friend from Idaho, I to do some things that are unreal- good bill, and we have made good think his coming to the floor last week istic—I think the specter of what you progress. and trying to tighten the screw and said last week was pretty realistic, and The other thing I wanted to say as saying he would object to another ex- that caused us to do some things. I long as I have the floor is that the tension has had an impact on that, and guess my only problem with this is President is not doing us any favors by I am not unappreciative of the efforts that I think everyone recognizes that the White House issuing the statement of Senator CRAIG. even though we are very close, we can that we should have a 1-year extension. But here we are today on the very get this done before next week, it can- For some of the reasons that I think verge, I think, based upon a meeting not get done legislatively, the paper- the Senator from Idaho pointed out, Senator HARKIN and I were in this work. Sometimes if you hold some- prices going up and things like that, morning. As soon as we leave here, we thing out that is unrealistic, people people expect us to do something. And go back into another meeting. We are tend to pooh-pooh it and say: Oh well, one of the big parts of this whole farm going to stay there until we get some we will get another extension and we bill—in fact, the biggest part of this of these key issues resolved. We are can dribble along. But if you know the farm bill is nutrition. Over 60 percent now getting to the point where, I curtain is coming down, then things of this farm bill is nutrition; it is food think, within a short term—I hope it is happen. That is why I asked for 2 stamps, it is the TEFAP program, the Monday, I hope it is no later than weeks. People know that is realistic. Temporary Emergency Food Assist- that—it may be, but I hope we can We have to get it done. It has to be ance Program, WIC, it is all of these come back in and stand on this floor done. But if it is 1 week, then, well, we programs that help low-income people and say that we have reached an accord will come back next week, and hope- put food on their table. Yet we know, and that we are going to be writing fully we can get whatever extension is with the increasing prices of food, peo- that bill over the course of the next 10 necessary to get the paperwork done ple are hurting, low-income people are days, 2 weeks, whatever it may be that and everything. hurting in this country. it takes to physically get the job done I want to say again, Senator Well, with a 1-year extension, we give from the committee paper standpoint. CHAMBLISS and I—all of us on the Agri- no relief at all to low-income families.

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\BR08\S24AP8.000 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6806 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 April 24, 2008 In this bill, what we have agreed upon and yet be good conservationists. Yet, ORDER OF PROCEDURE so far is roughly about $10 billion if we have a 1-year extension, we do not Mr. KERRY. Mr. President, I ask more—not base—$10 billion more in nu- have that. unanimous consent that the time used trition programs. Now, if we have a 1- So for that and for a lot of other rea- in the colloquy we just heard not be year extension, that is gone. So I think sons, I wish the White House would charged to either side and that the re- we have an obligation here to help peo- quit talking about that and say: Look, maining Democratic time be equally ple who are low-income, who maybe you have a good bill. You have done a divided between Senator WEBB and my- had a job and lost it, who need to go on lot of work. We will work with you. We self. food stamps for a short period of time will get this bill done, and the Presi- The ACTING PRESIDENT pro tem- to be able to help their families. Well, dent will sign it into law. That is the pore. Without objection, it is so or- if we have an extension, that will not kind of cooperation we need from the dered. happen. White House right now and not the Mr. KERRY. Mr. President, exactly Energy. We hear a lot of talk—I veiled threats of a year extension, how much time is remaining? think it is misguided—about some of things like that. The ACTING PRESIDENT pro tem- the food going for ethanol and that is I think the Senator from Idaho is pore. There is 16 minutes on the Demo- causing a lot of problems. That is not right, we have been so locked up in cratic side. it at all. That is not it at all. A lot of meetings on this that perhaps Senators Mr. KERRY. I thank the Chair. people have the mistaken idea that the and their staffs and others have not f corn that is being made into ethanol is really been brought up to speed on the corn people eat. That is not so. NATIONAL SMALL BUSINESS what we are doing. I want to take this WEEK People do not eat that. It is not the opportunity to bring them up to speed kind of corn you buy and you eat on as to where we are in all of these nego- Mr. KERRY. Mr. President, this is your plate at night. This is the corn tiations. National Small Business Week. This which is fed to chickens and cows and country has nearly 27 million small We are very close. We are meeting hogs. Most of the hungry people in the businesses in total, and their contribu- right now again at 10:30 and will pro- world are not hungry because they are tions to the country are remarkable. ceed on today, tomorrow, through the not getting meat; they are hungry be- They create the majority—the vast weekend if necessary to get this done. cause of subsistence diets. So the eth- majority—of jobs, they drive the econ- anol thing is kind of a bugaboo; that is I ask unanimous consent that the bill omy, and they are part of the solution a phony issue out there. But we recog- be read three times and passed, the mo- to lead us out of economic downturns. nize the limits, and we recognized that tion to reconsider be laid upon the But if we are going to really pay appro- in the Energy bill we passed where we table with no intervening action or de- priate tribute to small business during mandated a renewable fuels standard, bate, and any statements related to the Small Business Week, we frankly need but we said that, of that, no more than bill be printed in the RECORD. to do more than simply provide lip 15 billion gallons a year from present The ACTING PRESIDENT pro tem- service; we need to promote policies sources, corn. So therefore we want to pore. Is there objection? that work for small businesses, not move aggressively into cellulosic eth- Mr. CRAIG. Mr. President, no objec- policies that favor large businesses anol, using wood products and waste tion, but this was the original at the under the guise of helping small ones. products and things such as those for desk, not the one amended by the In the Committee on Small Business making ethanol. This bill pushes us in Chair? and Entrepreneurship, we have worked that direction, moves us aggressively The ACTING PRESIDENT pro tem- on behalf of small business on a bipar- in that direction. Well, if we have a 1- pore. The Senator is correct. tisan basis. Senator SNOWE, the rank- year extension, we will lose yet an- Mr. CRAIG. I thank the Chair. ing member, and I and the entire com- other year or two on that. Mr. Chairman, let me thank you for mittee passed unanimously three bills Lastly, let me mention conservation. that report. I do not know if there is to improve small business services that Millions and millions of acres are com- anyone here in ag country who does help America’s job creators expand ing out to be used for crop production. not want your work product to become their payrolls. Unfortunately, these You cannot stop it. These are contracts policy as soon as possible. bills have been blocked for a full year that farmers had to set aside land. The I think the colloquy this morning has by some in the Senate: S. 1256, the contracts are up. Because of the high been extremely valuable. Please go Small Business Lending Reauthoriza- prices of wheat and corn and beans and back to work. tion and Improvements Act of 2007; S. other commodities, farmers now see 1662, the Small Business Venture Cap- The ACTING PRESIDENT pro tem- they can make money by planting row ital Act of 2007; and S. 1671, the Entre- pore. Without objection, it is so or- crops. That is fine. That is good. That preneurial Development Act. dered. will help keep the prices of food down. S. 1256, the Small Business Lending We need that productive capacity. The bill (S. 2903) was ordered to a Reauthorization Improvements Act, That is what was so good about the third reading, was read the third time, passed the Small Business Committee Conservation Reserve Program. It was and passed, as follows: 19 to 0 on May 16, 2007, almost a year like a reservoir, that if we needed it at S. 2903 ago. This legislation authorizes the some time, we could use it. Well, now Be it enacted by the Senate and House of Rep- Small Business Administration’s major is the time. We are going to use it. And resentatives of the United States of America in lending programs which are the largest more crops will be planted on this land. Congress assembled, source of long-term capital for small But some of these lands are fragile, SECTION 1. ADDITIONAL TEMPORARY EXTEN- businesses in the country. The bill also they are hilly, they are highly SION OF AGRICULTURAL PROGRAMS strengthens the microloan program, a erodable. So therefore we need to put AND SUSPENSION OF PERMANENT concept that has proven unbelievably PRICE SUPPORT AUTHORITIES. some incentives in there for farmers to effective around the world in helping Effective April 25, 2008, section 1 of Public do it right, to put in grass waterways, Law 110–196 (122 Stat. 653) (as amended by men and women lift themselves and to put in buffer strips, to do minimum Public Law 110–200 (122 Stat. 695)) is amend- their families out of poverty by accu- tillage, to do all that is necessary to ed— mulating assets, building wealth, and conserve our soil and clean up our (1) in subsection (a), by striking ‘‘April 25, creating jobs. That is very important water. We can have production, and we 2008’’ and inserting ‘‘May 2, 2008’’; and because the income gap, the economic can have good conservation. This bill (2) in subsection (d), by striking ‘‘April 25, gap, is growing year by year. When an puts a lot more money into the very 2008’’ and inserting ‘‘May 2, 2008’’. average White family’s net worth is conservation programs that will allow The ACTING PRESIDENT pro tem- $67,000 but an average African-Amer- farmers to go out and plant and grow pore. The Senator from Massachusetts. ican family’s income is only $6,100, we

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\BR08\S24AP8.000 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 6807 have a long way to go in terms of cre- suring that small businesses survive to resolve it. The fairness aspect cuts ating wealth and fairness. The SBA the economic downturn and continue both ways. As Senator INOUYE and oth- loans fill a gap left by traditional to provide jobs and income to families ers have been so clear in pointing out, bankers and play a significant role in and communities. the question of assisting Filipino vet- meeting the capital needs of business This bill also increases assistance for erans for their service in World War II owners in underserved areas. If S. 1256 small businesses wishing to conduct is complicated by the notion of the po- is enacted, we will be able to leverage trade. Small businesses are 97 percent litical status of the Philippine Islands $87 billion in loans to more than 100,000 of all exporters, and for each additional at the time. They were, in fact, a terri- small businesses and reduce redtape for $70,000 in exports generated, one addi- tory of the United States politically, borrowers and lenders. tional U.S. job is created. These jobs and they served under the command, in S. 1662, the Small Business Venture pay 18 percent more on average than many cases, of American commanders Capital Act of 2007, passed the Small nontrade-related jobs. So small busi- and not simply in affiliated allied sta- Business Committee 19 to 0 on June 26, ness success helps the economy and tus as, for instance, the veterans of the 2007, 10 months ago. This bill would creates jobs. South Vietnamese Army during the simplify the Small Business Invest- Lastly, this bill creates a number of Vietnam war. ment Company Debenture Program so pilot programs to help small businesses This situation is unique. It is com- it is more attractive to investors and deal with rising health care costs and plex, and it does create a series of obli- allow the SBA to stabilize losses in the regulatory burdens, all of which hinder gations by our Government toward SBIC Participating Securities Pro- small business success. It creates new these people. gram. The version of the bill we are programs in support of Native Amer- There is precedent of sorts for this trying to pass does not reauthorize the ican entrepreneurship and takes steps activity. I go back to 1976, when Presi- SBIC Participating Securities Pro- to improve small business ownership dent Ford signed into law a provision gram, as some in the past have sug- by minorities in highly skilled fields that gave limited veterans’ status to gested in public debate. They used that such as engineering, manufacturing, Polish and Czechoslovakian freedom as one of the justifications for opposing science, and technology, and it guides fighters who served during World War efforts to pass the bill last December. them toward entrepreneurship as a ca- II, not with the United States military The bill focuses on improving the SBIC reer option. at all but had migrated to the United debenture program, which is an initia- These bills I have described have the States. The logic was given at the time tive that has actually given us extraor- ability to help more than 1 million that since Poland and Czechoslovakia dinary job creators, such as FedEx, small businesses. They would help with had fallen under Communist rule, they Intel, Calaway Golf. They have more credit, with venture capital or with had lost the government that would than repaid the cost of anything to the counseling. It makes no sense at all to have been able to give them veterans’ Federal Government through taxes have one or two folks in the Senate benefits, and our Government did pro- paid and jobs created. holding up the ability to move forward vide limited veterans’ benefits to those In addition, S. 1662 reauthorizes the on these when our economy needs inno- people. New Markets Venture Capital Pro- vation and, frankly, the job creation What we are talking about in this gram. This program addresses the mar- these businesses create. With 80,000 bill is the notion of according veterans ket gap in venture capital for compa- jobs lost in March alone and almost pension rights to Filipino veterans of nies located in low- and moderate-in- 300,000 jobs lost since January, there is World War II living in the Philippines. come, rural, and urban areas—i.e., high no time to waste. It is important to emphasize to my col- unemployment areas—as well as the I hope we can get these bills done and leagues that under veterans law, pen- need for smaller deals that neither tra- do so shortly. sion is not a gratis benefit such as, for ditional venture funds nor the SBIC I yield the floor. instance, a Social Security pension Program will make. It has proven suc- The ACTING PRESIDENT pro tem- that is given no matter one’s economic cessful so far, and we need more com- pore. The Senator from Virginia. status. In veterans law, pension is munity development venture capital to f given based on need. This has been the create sustainable, high-quality, local focus of the debate for more than 30 jobs. This bill would allow the SBA to VETERANS COMMUNITY ISSUES years, as to how do you define, under start anywhere from 10 to 20 more Mr. WEBB. Mr. President, I rise to American law, the cutoff in terms of funds. Without this Government part- talk about two issues with respect to standards of living inside the Phil- nership, these investments are not our veterans community. First, I ex- ippines. going to be done. So at a time when press my strong support for S. 1315, as This is where Chairman AKAKA and our economy is pressured and hurting, reported by the committee, and my his staff have worked so assiduously to when we need to create jobs, it doesn’t thanks, as a member of the veterans come up with something that is fair. In make sense for the Senate to be block- committee, to Chairman AKAKA for all order to apply for a veterans pension, ing something that came out of com- the work that went into this legisla- you have to be in financial need. And mittee 19 to 0, in a totally bipartisan tion. the amount you receive is basically to effort. The bill also aligns the New I wish to spend a little time talking get you to a certain level that gets you Markets Venture Capital Program with about the provision of the bill that is above the poverty level. So the average the New Markets Tax Credit Program, in question. As someone who began annual pension in the United States for which is exactly what Congress in- working on veterans law as a com- an American veteran is just under tended. mittee counsel in the late 1970s, I un- $10,000 a year. You can get up to nearly S. 1671, the Entrepreneurial Develop- derstand the concerns of the Senator $15,000 a year in the United States in ment Act, passed the Small Business from North Carolina about the provi- your veterans pension program, and Committee 19 to 0 on June 26, 2007, also sion with respect to Filipino veterans under some extremely unusual cases, 10 months ago. This act reauthorizes who are living in the Philippines who you can get up to $18,000. What we are and improves the Small Business Ad- would receive pension benefits from talking about, the way the committee ministration’s entrepreneurial develop- this bill. I emphasize that I believe the staff has worked this out in terms of ment programs such as small business chairman has done a great job in try- equity, is giving the Filipino veterans development centers, women’s business ing to balance a list of powerful com- living in the Philippines a $3,600-a-year centers, and SCORE. Poor management peting considerations that go to the as- pension based on need, once they go decisions are the No. 1 reason busi- pect of basic fairness to those who into the U.S. formula. It is not a per- nesses declare bankruptcy. In a shaky served. fect solution, but I do believe it is an economy, the topnotch counseling pro- This issue has been around a long equitable solution. I intend to support vided by these services is critical to en- time. People have struggled with a way it.

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\BR08\S24AP8.000 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6808 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 April 24, 2008

The second issue I would like to dis- man LEVIN of the Armed Services Com- What is this doing to hardworking cuss relates to a piece of legislation mittee have cosponsored this bill. families struggling just to get by? that was introduced a couple days ago Finally, there is no indication this ‘‘With gas hitting record highs, drivers by Senator BURR, with Senators bill would unduly harm active duty re- [are] feeling squeezed,’’ as my home GRAHAM and MCCAIN as cosponsors. It tention. Recent statistics from the State Kansas City Star reported this is apparently designed to be an alter- Army and Marine Corps show that 70 to week. For example, Carol Licata, a 75- native to S. 22, the comprehensive GI 75 percent of soldiers and marines who year-old retiree, told in the story of bill I introduced nearly 16 months ago, enlist return to civilian life at, or be- how a larger part of her fixed income is which was recently modified and re- fore, the end of their first enlistment. now going toward gas. She said that introduced to reflect the collective This is the pool that is having read- ‘‘to get to the doctors . . . it’s an awful view of a wide range of experts, both justment difficulties, and this is the lot of money . . . I don’t drive that inside Government and in the veterans pool we are trying to assist with this often, but I have to take necessary community. S. 22, the bill I originally legislation. The military is already trips . . . and [gas] takes a big chunk introduced, now enjoys strong bipar- doing a very good job of managing its out of our budget.’’ tisan support. We have 57 cosponsors in career force. It is not doing a very good Fixed-income seniors, though, are the Senate. That includes 11 Repub- job of assisting this large group of peo- not the only ones suffering record pain licans. Among the cosponsors on this ple as they attempt to readjust to ci- at the pump. Consider the plight of bill are the Senator from Missouri; vilian life, and this is the primary low-income workers struggling to get Senator WARNER, former chairman of focus of S. 22. With respect to active to work. Their affordable housing is a the Armed Services Committee; and duty retention, a good GI bill will in- great distance, maybe, from where many others, Senator HAGEL, who, crease the pool of people interested in they have a good-paying job. Maybe along with myself, is the only ground serving, lower first-term attrition, and they are driving from the inner city combat veteran from the Vietnam war. would have a negligible impact on re- out to a suburban job or from a distant A majority of the House is cospon- tention itself. suburb, where housing prices are lower, soring the exact version of S. 22 that I see my time is about to be called by to the city. Either way, modest-income we reintroduced. Most, if not all, of our the Presiding Officer. folks with the least ability to pay high- leading veterans organizations have en- Mr. President, I yield the floor. er gas prices are hit especially hard. dorsed S. 22. In fact, it is important to The ACTING PRESIDENT pro tem- What about truckers? For all the note that the major pieces in this legis- pore. The Senator from Missouri. hard work they put in on the open lation were specifically endorsed in the f roads, they never seem to make more recent Independent Budget submitted than a modest living. Now they are GAS PRICES by a consortium of our top veterans or- being hit with even higher diesel ganizations. Mr. BOND. Mr. President, I come to prices. At $4.20 a gallon, diesel prices The proponents of this newly intro- the floor today to note an anniversary. are 40 percent higher than they were a duced legislation, Senators BURR, Although you may have noticed there year ago. MCCAIN, and GRAHAM, maintain S. 22 has been no gift giving, no celebration, Unfortunately, this pain at the pump would be too generous to today’s vet- no remembrances of the day, the prom- is just one more burden families and erans of Iraq and Afghanistan, would ise was made. That is because the peo- workers are bearing at the same time be too difficult to administer, and ple who made the promise failed to as a housing meltdown, higher food would unduly harm the retention of keep their promise. They failed to prices, higher health care prices, high- our active duty military people. I em- bring the change they promised. er power bills, higher heating bills, and phasize that these assertions are incor- Now, to what promise am I referring? I expect, this summer, higher air-con- rect. I would say to all those Senators, I am referring to the day, 2 years ago ditioning bills. whom I deeply respect—and I enjoy a today—April 24, 2006—when then-House So what is the Democrats’ ‘‘common- long friendship with Senator MCCAIN minority leader NANCY PELOSI an- sense plan’’ to lower gas prices and that goes back 30 years—we have a lot nounced ‘‘Democrats have a common- help working families? With record- of issues to debate in this Senate. We sense plan to help bring down sky- high gas prices, it is clear we are still have a lot of issues to debate in the rocketing gas prices.’’ She told the waiting for the ‘‘commonsense’’ part of campaign this year. But this should American people that if they put the solution. About the only thing we not be one of them. Democrats in charge of the House and have heard proposed from the other S. 22 is hardly too generous, unless the Senate, we would all see lower gas side is to increase taxes on oil compa- people are prepared to say that the prices. The then-minority leader, the nies. Since when does raising taxes on World War II GI bill was too generous. senior Senator from Nevada, said, on something increase its supply or lower To the contrary, we have taken 15 that same day, that it was just ‘‘about its price? Never. Again, that is all we months, with daily cooperation with priorities.’’ hear. all the major veterans groups and with Well, it is time to get real about en- What is so sad is the fact that we are many Members of the Congress. We ergy. Democrats running for office sitting on top of a big part of the solu- have listened to them. We have refined across the Nation in 2006 said change tion. We can lower the prices by tap- this legislation in many important would come with a Democratic Con- ping the millions of barrels of oil just ways, and it is our best collective, bi- gress. Well, we certainly got change all waiting for us here in America. partisan effort to mirror the types of right. Since the Democrats have come In Alaska, above the barren Arctic benefits that were given to those who to power in the House and Senate, pain Circle, Democrats refuse to allow us to served in World War II. at the pump has increased by 50 per- tap millions of barrels of oil in an envi- Nor would this bill be too difficult to cent. Americans who paid, on average, ronmentally safe manner. They say administer. There was a list of con- $2.33 a gallon in January 2007 now pay drilling in an area smaller than the cerns about our bill when they intro- $3.53 a gallon, on average—hardly a size of Dulles Airport would have too duced this other version, which is the change any of us bargained for. How- great an impact on an area the size of reason that compels me to explain this. ever, $3.53 is just the national average. the State of South Carolina. Congress, We worked closely with the Depart- Some are paying much more. To just in 1996, passed a budget resolution ment of Veterans Affairs and with com- take a few States, in California, it is which would have allowed the opening mittee staff on the Senate Committee $3.87; in Nevada, it is 3.60; in Illinois, it of ANWR. However, President Clinton on Veterans’ Affairs. We have ad- is $3.67; in New York, it is $3.67. Mr. vetoed that resolution, pointing out dressed every major concern. For these President, $1.30 more for a gallon of gas that he opposed and would not support reasons, Chairman AKAKA of the Vet- is certainly not the kind of change I opening ANWR. Had ANWR been erans’ Affairs Committee and Chair- would believe in or support. opened, there would be a million more

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR08\S24AP8.000 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 6809 barrels of oil a day flowing into the anniversary, there will only be more gas prices. I wonder how long it will be United States. pain at the pump. before our friends on the other side of Now, speaking of South Carolina, Mr. President, I thank the Chair and the aisle—who won the last election, Democrats refused to let us get at mil- yield the floor. who claimed a mandate as a result of lions of barrels of oil and natural gas a The ACTING PRESIDENT pro tem- that election—are actually going to act safe distance off our coastal shores, lit- pore. The Senator from Texas. like the majority that they now are erally unseen because it is over the ho- Mr. CORNYN. Mr. President, I thank and help work with us to bring down rizon. Some say this is another exam- the distinguished Senator from Mis- prices at the pump. How long will it be ple of ‘‘not in my backyard,’’ or souri for making enormous common before they stop pointing the finger of ‘‘NIMBY,’’ but this is really a case of sense on a subject where, frankly, the blame and start looking in the mirror not in ‘‘your’’ backyard because the Congress can only be characterized as for the solutions? people, for example, of Alaska and Vir- having a schizophrenic approach to our The only way we are going to resolve ginia are happy with and want to tap energy crisis today. Congress always this schizophrenia when it comes to the oil and gas on their lands and off seems to talk a good game, but when it our energy policy is by Republicans their shores. comes to actually doing something and Democrats working together to But Democrats still refuse to unlock about it, the solutions seem to be few pass commonsense legislation which the vast untapped natural resources and far between. will have the effect of bringing down here at home. Our dependence on for- I, too, think it is important to re- the price of gasoline at the pump. I will eign sources of energy grows greater, member that since Speaker PELOSI talk about some of those in a minute. and families continue to suffer. Is it made that promise 2 years ago, we have The simple truth is, those who have any wonder Americans are fed up? not had anything happen in the Con- been entrusted with the majority in Democrats are looking at thirsty gress that would indicate that this the Senate and the House have failed Americans and saying: You should ‘‘commonsense plan to help bring down to act to lower energy prices at all. drink less or drive less. Now, do not get skyrocketing gas prices’’ is any closer Rather than show us their common- me wrong, I support and have sup- today than it was 2 years ago. You sense solution, as Speaker PELOSI ported aggressive but achievable auto- would think, if any party has a com- talked about, they have opted to pur- mobile fuel efficiency increases, monsense solution to help reduce the sue political posturing, which has done incentivizing low-emission vehicles pain at the pump, they would be eager nothing to deal with the problem. So, such as hybrids and plug-ins, and more to unveil it and to debate it on the as we see, the problem just gets worse fuels from renewable sources, but these floor, to show it off. But, of course, as and worse and worse. Now, our side does not have all the are long-range solutions that will not we finished out the 2006 session of Con- answers, but we have proposed some pay dividends for years. gress, we got no such bill. Some say opening our reserves would So again, as elections are heating up, good solutions, I think, which would not pay dividends for years. While it and, as we all know, our constituents help address America’s growing energy crisis that we should and could act will take time for the oil to start flow- back home are feeling the pain at the upon to start bringing the price of gas ing, there would be a message. Right pump—and whereas there is a lot of concern today about food prices—a lot down. now, the market is factoring in the Let me say, first of all, there are sev- of the increase in food prices is caused present U.S. attitude which says we eral reasons why the price of gasoline because of increased costs of produc- will do nothing to increase our supplies is so high today. First and foremost is tion on the farm, primarily energy of oil. A change in our attitude would skyrocketing consumption in other costs. Again, we see that as it becomes change their attitude for the future. parts of the world. This commodity is Saying we are going to increase supply a political football, it has become in great demand, and we are competing and cut demand would help relieve the something to talk about in election literally with the entire world for this pressure. I think we need to support it. season. But when it comes to the fact scarce commodity known as oil that is Another pressure I support relieving that now our Democratic friends have then refined to make gasoline. Of is continuing to add to the strategic control of both Houses of Congress, we course, we know there remains polit- petroleum reserves during times of have seen no action—zero action— ical unrest in producing countries as record-high prices. We need to stop taken to reduce the price of gas. well. supplying these strategic petroleum re- The price of gas, as we know, has Every one of these problems could be serves when gas hits $3 a gallon. continued to go up. Here is a chart that mitigated, if not solved outright, by Unfortunately, my friends on the indicates—right here on Capitol Hill— promoting and investing in America’s other side, predominantly, support leg- that back in, I guess we can call it, the natural resources rather than con- islation that will send gas prices even good old days, unleaded regular was tinuing to be so dependent on imported higher. I am referring to the Warner- $3.09 a gallon. Today, in April 2008, it is oil and gas from dangerous parts of the Lieberman climate bill the majority $3.49 a gallon, right here in Wash- world and from our enemies such as plans to bring to the floor in early ington, DC. In some parts of the coun- Hugo Chavez in Venezuela. June. In pushing forward that bill, try, it is approaching $4 a gallon. We are a politically stable nation Democrats are willing to say that $3.53 While $3.09 is certainly not a low with the resources to invest in main- a gallon gas is not enough. They will be price by anybody’s reckoning, it cer- taining our infrastructure and to add telling the American people that gas tainly looks pretty good today. But, production that would greatly increase prices should be even higher. frankly, we have not seen our col- the available oil and gas supply. All of The Environmental Protection Agen- leagues on the other side of the aisle that adds up to lower costs at the pump cy recently estimated that Lieberman- work with us to support any legislation and more money in the pockets of Warner will force gasoline prices to that would be calculated to bring down American citizens. rise $1.44 per gallon higher. For those the price of gas at the pump. As a mat- There is a lot Congress can do that of you keeping score at home, that ter of fact, this is calculated into the would be positive, but the one thing we would mean $5-a-gallon gasoline. It inaction as a result of the energy poli- can’t do is to repeal the law of supply boggles the mind, the majority advo- cies by the majority, and you see it and demand. When you have a fixed cating $5-a-gallon gas in just over a costs the average American family supply and the demand goes up, the month, but that is what they would be $1,400 a year in additional energy costs, price invariably goes up. I don’t know doing supporting that bill. That is not additional gasoline costs. why Congress refuses to acknowledge the kind of change our families and So while the majority, which really that simple law of economics of supply workers need. That is not common runs the Congress, is quick to blame and demand, and add to the supply. sense. That is why there are no flowers others for high oil prices, it is, in fact, First and foremost, we need to in- today, no fancy dinner tonight. On this their inaction that continues to raise crease American energy production

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\BR08\S24AP8.000 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6810 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 April 24, 2008 right here at home. Unfortunately, we cause of food being used for fuel. Even we can to stem the rise of gasoline see time after time and, again, our col- with the best of intentions of an eth- prices at the pump. leagues on the other side of the aisle anol policy, it has created an impend- One of the ways I think we could do block commonsense energy policies ing crisis when it comes to using food that and benefit our economy at the that would give American companies for fuel. same time is a summer holiday from access to valuable resources such as oil I think it is time for us to take defin- the 18-cent-a-gallon Federal gas tax. I deposits in the Arctic, in Alaska, the itive steps to help reduce the cost of have joined with several of my col- Outer Continental Shelf, on Govern- gasoline at the pump. We have some so- leagues in supporting a gas tax holiday ment lands, and shale oil sites that lutions, if we would get some coopera- from Memorial Day to Labor Day. have great promise in terms of the vol- tion on the other side of the aisle. What a concept. Wouldn’t it be nice. By ume of oil that can be produced, the Since the Democrats are now in suspending the gas tax 18 cents a gal- major component of gasoline. Of all of charge, we would expect them to lead, lon on gas and 24 cents on diesel, it the cost drivers in gasoline, it is the to keep the promise that Speaker would be putting money back into the price of oil that causes the greatest in- PELOSI made 2 years ago. We wish to pockets of American families. This crease. If we could increase the supply help them come up with a common- would help those who have to drive of oil by increasing America’s supply of sense plan to help bring down sky- great distances for work. oil by developing the resources we have rocketing gas prices. But continued ob- Many people in Florida who want to in our country, it would vastly improve struction, continued schizophrenia, and find affordable housing have to be a the situation we are in now. continued reliance on politically cor- long ways from work. Florida doesn’t In addition to lowering prices at the rect solutions which sometimes end up have the kind of mass transit system pump and increasing domestic energy backfiring is not the way forward. The many places in the Northeast and production, it would also create more American people are looking to us for a other parts of the country have. They jobs in America. At a time when Con- solution and it is high time we deliver. have no option but to get in a car. gress is passing economic stimulus pro- I yield the floor. When they do, they get hammered at grams, spending enormous sums of tax- The ACTING PRESIDENT pro tem- the gas pump. People in the trucking payer money, one of the best things we pore. The Senator from Florida is rec- industry are finding increasing prob- could simply do is to change the poli- ognized. lems in meeting their needs because cies that would allow us to explore and Mr. MARTINEZ. Mr. President, I diesel fuel costs are so high, so the cost develop our own natural resources want to follow my colleague from of transporting goods is also going up. rather than depend on imported oil Texas in pursuing that very same dis- One of the things that benefits my from foreign sources. Personally, I cussion on the issue of energy. I was State greatly is when the American have always liked to see the ‘‘Made in here before the Presiding Officer joined family jumps in their car and goes for America’’ label when I buy a product. the Senate and I remember daily dia- a summer vacation. As the gas prices Wouldn’t it be nice to see that on the tribes about how Republicans being in begin to hurt the pocketbook of the side of a gas pump here at home? Think charge was leading Americans to have American family, fewer and fewer of of the thousands of jobs that could help higher gas prices. In fact, I recall a them will have the joy of enjoying a kick-start our economy if we actually great deal being made about what the vacation and more and more Florid- encouraged American energy produc- gas prices were then, when they ians, already threatened by a weak tion and less dependence on foreign reached $3 a gallon in April of 2006, and economy, would have an additional sources. I recall a big show up here at the gas problem of seeing vacationers not come Beyond increasing the supply of oil, station on the corner, right here on to our attractions and beaches and we also need to increase our refinery Capitol Hill, about how if Democrats maybe hurt our tourism economy as capacity, the place where that oil is were in charge, this wouldn’t be hap- well. then made into gasoline. We haven’t pening; it was only because Repub- Something else we can do is to seri- built any new refineries in this country licans were in charge that gas prices ously consider suspending the produc- since the 1970s because of restrictive had reached $3 a gallon. Now we are tion of so-called boutique fuels. This is policies of the Federal Government. looking at a situation where they are a requirement by States that mandate One of the most costly steps in pro- $3.69 in April of 2008, 2 years later. the use of different fuel blends to meet ducing gasoline is refining oil to make The Democrats, as my colleague from clean air standards. As States develop it usable in vehicles. Since we have Texas said, the House and the Senate more and more requirements, the limited refining capacity—again, the leadership, with great enthusiasm, blends of fuel increase in number and law of supply and demand—a fixed sup- took control of both Houses of the Con- now there are dozens of these fuel ply and increasing demand is driving gress and promised the American peo- blends. Each one of them puts a strain up the cost of gasoline because we ple they would lower gas prices, they on oil refineries which already are don’t have the refinery capacity to would change the dynamics, and they stretched to the max. States need to make the gasoline out of the oil. So would deliver. We were promised an al- work to reduce the number of boutique prices continue to go up. ternative to paying $3 a gallon. I don’t fuels and increase their cooperation Finally, any American energy policy think what they meant was to pay $4 a with oil refineries to harmonize fuel must, of course, include alternative gallon, but it was an alternative to pay blend requirements. In other words, we sources of energy. We need to look to less. all want clean air, but every State’s technology in our American legacy of American families are hurting. AAA version of how we get there ought to innovation and research to help reduce reports that today’s price of $3.50 a gal- not be an individual act, but ought to our need on oil and gas, whether do- lon is the highest average price they be harmonized so we can then shorten mestic or foreign. But that is not going have ever had on record. Families are or lessen the number of additional fuel to happen overnight. It is not going to paying record high gas prices and we blends that have to be made. happen even in the near term. But long still haven’t passed a sensible energy In addition, we need to expand refin- term, clean coal technology, nuclear policy that gets to the heart of this ery capacity in this country. We energy, even biofuels and wind energy matter. Until that policy is passed, we haven’t built a new refinery in 30 can help reduce the strain on our gas ought to do what we can to offer Amer- years, yet we keep saddling our fuel supply by taking some of the energy icans who are frustrated with the cur- system with more and more mandates. load off of oil. rent prices some much needed relief. We do need to find a way where we can We need to be careful not to cherry- Currently, oil is nearly $120 a barrel. create more avenues for refining fuel. pick a few politically correct solutions. High fuel prices are translating into Our industry refines approximately 18 We have already seen the increase in higher prices for groceries. What fami- million barrels a day, but we use over the cost of food, in significant part be- lies need is relief. We need to do what 20 million barrels a day. That means

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\BR08\S24AP8.000 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 6811 we have a shortfall between what we Mr. BURR. Mr. President, I yield er armament, proper medicine, and can refine, what we can actually do in back any morning business time. with inadequate food. But they fought. that regard, and what must be im- f I think all of us remember the Ba- ported from other parts of the world. taan Death March when 75,000 were or- So as unthinkable as it is, the United CONCLUSION OF MORNING dered to march 65 miles without food, States has to import refined fuel. We BUSINESS medicine, or water. Along that trip, shouldn’t be in that fix; we should be The ACTING PRESIDENT pro tem- only 54,000 survived—the rest died. I able to stay ahead of the demand. pore. Morning business is closed. think all of us recall the heroic movies We need long-term solutions to our f that were filmed as a result of that energy problems. There are alternative march. The Bataan Death March be- VETERANS’ BENEFITS sources of fuel, such as cellulosic eth- came part of the vocabulary of the ENHANCEMENT ACT OF 2007 anol, where it is synthesized using ag- United States. ricultural waste, biomass, and other The ACTING PRESIDENT pro tem- We saw Americans being bayoneted, byproducts that are renewable sources pore. Under the previous order, the hit, and killed. But the facts show that of energy and that do not compete with Senate will resume consideration of S. of the over 75,000 who had to undergo the food chain, which is an increasing 1315, which the clerk will report. and suffer the Bataan Death March, problem we are finding. Florida could The bill clerk read as follows: 15,000 were Americans and 60,000 were play a huge role in developing these A bill (S. 1315) to amend Title 38, United Filipinos. They are the ones who got fuels of the future and fuel tech- States Code, to enhance life insurance bene- bayoneted. They are the ones who were nologies. fits for disabled veterans, and for other pur- slaughtered and killed. I was pleased that our energy bill poses. Well, these Filipinos were willing to last year included a very robust focus Pending: fight for the United States, to stand in on these new emerging technologies Burr amendment No. 4572, to increase ben- harm’s way on our behalf. They fought that will require 21 billion gallons of efits for disabled United States veterans and throughout the war as guerilla fight- cellulosic ethanol by the year 2022. provide a fair benefit to World War II Fili- ers. They suffered thousands of casual- Florida has a real potential to be a pino veterans for their service to the United ties. Those who were fighting for leader in biomass production, and we States. America’s cause and fighting under the are quickly becoming leaders in this AMENDMENT NO. 4572 command of American officers, field. The PRESIDING OFFICER (Mr. strangely, could not receive American So for the long term, we have taken BROWN). Under the previous order, medals. some steps necessary to provide Ameri- there is 60 minutes of debate equally Now, if one should go to Baghdad, if cans with more alternatives to paying divided on the Burr amendment. Who he is wounded, he gets a Purple Heart. high gas prices at the pump, but more yields time? If he does something heroic, he gets a must be done. We must increase, where The junior Senator from Hawaii is Bronze Star or Silver Star or DSC. possible, more domestic production. We recognized. Once in a while, someone gets a Medal need to also continue to expand ave- Mr. AKAKA. Mr. President, I see that of Honor. Well, in this case, these mat- nues of research and opportunities for my colleague is here, Senator INOUYE ters were not recognized. new fuel breakthroughs. I continue to of Hawaii. Before I make my statement The war ended on September 2, 1945, believe that America’s ingenuity is our on S. 1315, I yield time to the senior when the Japanese signed the sur- greatest strength and we can look to Senator from Hawaii, Mr. INOUYE. render on the deck of the USS Missouri. ways in which we can utilize that inge- The PRESIDING OFFICER. The sen- At that moment, we did not have an nuity to find ways so we might conquer ior Senator from Hawaii is recognized. ambassador nor an embassy, but we this addiction, as it might be called, to Mr. INOUYE. Mr. President, in 1898, had a high commissioner who was not refined fuel. We must do better. We when the United States defeated Spain authorized to accept applications for also have to help the American family in the Spanish-American War, we found citizenship. Remember, one of the to get away from $3 and $4 a gallon for ourselves suddenly becoming a colonial promises was citizenship. gasoline. It is time we find a way to power. In opposition was the Phil- So about December, Washington sent help the American family. ippines. Until the end of the war, World Beyond that, I think there is one an official of the Immigration and Nat- War II, we exercised jurisdiction over thing every American can do today, uralization Service to receive applica- the Philippines like a colonial power. and that is to conserve. If we were to tions from Filipinos. Well, he had no However, in July of 1941, when we conserve fuel and do that in a signifi- staff; he had to do it all on his own. noted the presence of war clouds over cant way, I know we would lower the But within a month, Washington de- prices of gas, not only of fuel in the the Pacific and Asia, we called upon cided to recall him. So here we had line barrel but also at the pump. I think all the Filipinos to consider volunteering upon line of Filipinos waiting to sub- Americans have an interest in con- to serve the United States under Amer- mit their application but no one to re- servation and we should seek and lead ican command. Thirteen days after De- ceive it. our people to do more and more con- cember 7, we issued a command order Then, in early February of 1946, the servation, because until we have alter- inviting Filipinos to volunteer—it was Congress of the United States passed a native fuels available, this may be the a crucial time—and 470,000 Filipinos measure signed by the President re- very best way in which we can lower volunteered. From that number, we de- pealing and rescinding the act that we our fuel prices. veloped the Commonwealth Army of passed in July of 1941, and the Execu- We need leadership. We look for lead- the Philippines—200,000. We set aside tive order that was issued right after ership from the majority party, and we 200,000 of them to serve as guerrilla December 7, in which we promised Fili- hope part of that will include opening fighters and about 50,000 to serve as pinos if they fought for us, shed their additional sources of exploration in guards and patrols on the shore and blood, risked their lives and limbs, if America, where possible and where pru- along the borders. they wished they could become citizens dent, in compatibility with our envi- History now shows us the Japanese of the United States and get all of the ronment; creating more options for attack, and as a result we had two veterans’ benefits. fewer fuel blends, and more refining ca- tragic battles, Corregidor and Bataan. Keep in mind Manila was the most pacity; also, looking to cellulosic, but Before these battles were determined devastated city in World War II, so also conserving more energy. and ended, General MacArthur, the there were no veterans hospitals. That I yield the floor. commander, was ordered to leave the came later. The ACTING PRESIDENT pro tem- Philippines, and he left with his staff Well, this veterans bill has a provi- pore. The Senator from North Carolina and arrived in Australia. The Filipinos sion in it—a provision of honor—in is recognized. were left to do their part without prop- which, finally, after over 65 years, we

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\BR08\S24AP8.000 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6812 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 April 24, 2008 will restore our honor and tell the Fili- Mr. President, the people of the Phil- I wish to speak briefly about the pur- pinos: It is late, but please forgive us. ippines did not shy from the call to pose of pension benefits and more spe- There are few remaining of the hun- fight during World War II. They were cifically about the pension benefit in dreds of thousands of Filipinos who true brothers in arms who fought val- the pending bill. volunteered and risked their lives. At iantly under U.S. command in World Veterans’ pension benefits are pro- this moment, I think there are about War II. This bill, at long last, recog- vided to allow veterans to live in dig- 18,000 left. As I speak, I am certain nizes the valor of all Filipino veterans nity and meet their basic needs. The some are on their deathbed and dying. in sacrifice to this noble cause and loy- amounts proposed in this legislation This provision has some rather in- alty to their American commanders. would permit Filipino veterans who sulting provisions, but the Filipinos On July 26, 1941, President Franklin have been denied their rightful status are willing to take it. Some of my col- D. Roosevelt issued an Executive order as United States veterans for too long leagues have suggested that the cost of ordering all military forces of the Com- to finally live in dignity. living in the Philippines is less than monwealth of the Philippines into the Unlike other World War II veterans, the cost of living here, so their pension service of the Armed Forces of the these veterans have been denied pen- should be one-third of an American United States under the command of a sion benefits for over 60 years. It is also GI’s, who did the same thing, with the newly created command structure important to note that these benefits same injury—but one-third. That is all called the U.S. Armed Forces of the are not retroactive. right. But to suggest only those who Far East. The amounts proposed are sufficient were in combat, I don’t know what that According to orders from General to give aged Filipino veterans a pay- means. MacArthur, Philippine units once mus- ment that would allow them to meet For example, in Iraq, whether you tered into U.S. service would be paid their basic needs for adequate nutri- are out on the street or on the boule- and supplied from American sources. tion and medicine. vard in a truck or in the so-called The unique relationship between the The pension proposed for Filipino Green Zone, you are on the front line. Philippines and the United States veterans is less than one-third of the Bombs can hit you anywhere. It is the made the Philippine islands particu- basic amount provided to veterans liv- larly susceptible to Japanese aggres- same thing with a guerrilla fighter. ing in the United States, in recognition sion during the war. Where is the front line for a guerrilla of the lower cost of living in the Phil- Historians agree that the Japanese fighter? Is it the jungle? Is it the city? ippines. Measured against the aid and strategy was based upon a plan to de- Is it his home? attendance standard, the proposed ben- stroy or neutralize the U.S. Pacific My colleagues, I hope we will take efit is about one-sixth of the amount Fleet at Pearl Harbor, and to deprive this opportunity today to restore the provided to veterans in the United the United States of its base in the honor of the United States and undo States. Philippines. Were it not for the U.S. the broken promise and make it good. Because the income and asset presence, the Philippines would not There are a few Filipino World War II verification procedures used in the have presented the Japanese with a veterans left. At least we can face United States are not available in the strategic threat and turned into a bat- them and say: Yes, it took us a little Philippines, and it is not feasible to de- tlefield. velop an administratively efficient sys- while, but we are going to carry out The Philippine forces under U.S. tem in the Philippines to monitor the our promise. Let’s do that. command suffered heavy casualties as income and assets of pension recipi- I yield the floor. a result of the Japanese invasion. It is The PRESIDING OFFICER. The jun- ents, the bill provides a flat benefit estimated that 10,000 Filipinos died ior Senator from Hawaii is recognized. amount substantially lower than that during the Bataan Death March, along Mr. AKAKA. Mr. President, how paid in the United States. with 3,000 U.S. soldiers. The Phil- much time is left? I believe firmly that the proposed ippines, throughout the war, suffered The PRESIDING OFFICER. The Sen- amount is a reasonable benefit taking great loss of life and tremendous phys- ator from Hawaii has 20 minutes re- into account all of these factors. ical damage. maining. By the end of the war, the capital As I have said time and time again, Mr. AKAKA. Mr. President, I am very city of Manila was in ruins and up to this legislation would correct an injus- pleased that S. 1315, as reported by the one million Filipinos had been killed. tice that has existed for over 60 years. Veterans’ Affairs Committee, the pro- In October 1945, General Omar Brad- I, like President Truman, believe it is posed Veterans’ Benefits Enhancement ley, then Director of the Veterans’ Ad- the obligation of the United States to Act of 2007, is finally before the Senate ministration, affirmed that all Fili- care for those who have fought under for consideration and action. pinos who served under U.S. command the U.S. flag. It is past time to right I want to express my huge gratitude were entitled to all benefits under laws that wrong. to the majority leader, also the minor- administered by that agency. As my fellow World War II veteran, ity leader, and especially to my friend, However, in 1946, the U.S. Congress, the senior Senator from Alaska, said the ranking member, for coming to an through the Rescissions Act of 1946, only yesterday, this is about honor. I agreement for our offering today. withdrew veteran status from certain believe it is the moral obligation of This comprehensive legislation would Filipino veterans of World War II. this Nation to provide for those who improve benefits and services for vet- Upon passage of the Rescissions Act, served under the U.S. flag and along- erans both old and young. President Harry Truman expressed his side the U.S. troops during World War The Veterans’ Affairs Committee re- disapproval of the withdrawal of bene- II. ported S. 1315 to the full Senate in Au- fits from Filipino veterans. He stated: The soldier’s creed is to leave no fel- gust of last year. At that time, my be- There can be no question, but that the low warrior behind. I believe in that lief was that debate and consideration Philippine veteran who is entitled to bene- creed. I believe it is important to ac- of this legislation by the full Senate, fits bearing a reasonable relation to those re- knowledge the valiant service of those would take place during September. ceived by the American veteran, with whom Filipino veterans of World War II who That did not happen. Now we have a he fought side by side. served under U.S. command. good agreement. The action by Congress in 1946 to Mr. President, I reserve the remain- As I have described in detail this strip Filipino veterans who served der of my time and yield the floor. week, further action on the bill has under the American flag during World The PRESIDING OFFICER. Who been blocked because of opposition War II of the recognition and benefits yields time? from the other side of the aisle to cer- that were their due was a grave injus- Mr. STEVENS. Mr. President, will tain benefits for Filipinos who fought tice. It is especially regrettable that the Senator yield me time, please? under U.S. command during World War this injustice has existed for so many Mr. BURR. Mr. President, I yield the II. years. Senator what time he may use.

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\BR08\S24AP8.000 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 6813 The PRESIDING OFFICER. The sen- troops lost their lives in all theaters of It is time we show our Nation’s grati- ior Senator from Alaska is recognized. the war. tude for the role Filipino World War II Mr. STEVENS. Mr. President, the As President Truman would later say veterans played in our history, fighting Veterans Benefits Enhancement Act of of the Filipino troops: ‘‘Their assign- alongside soldiers from the U.S. and 2007 would recognize the service and ment was as bloody and difficult as any helping us secure victory over tyranny. sacrifice of Filipino veterans who in which our American soldiers en- Mr. President, I am grateful to the fought under our flag in World War II. gaged.’’ Senator from Hawaii, Mr. AKAKA, for I join my good friends and fellow World Congress should remember the vital the comments he made. I do believe War II veterans, Senator INOUYE and contributions of Filipino veterans to this is a matter of honor. I understand Senator AKAKA, in supporting the res- the success of the allied forces. Their how some of the younger Senators toration of veterans benefits to these resistance distracted the Japanese in might view this as being costly, but I heroic individuals. the Islands, preventing them from de- wish to put it in perspective. Filipino troops fought as American ploying elsewhere and possibly reach- As I pointed out, there were approxi- nationals, under the American flag, ing the U.S. mainland. mately 1 million Filipinos killed in ac- alongside American soldiers, and under These soldiers bought precious time tion in the defense of our country in the command of American GEN Doug- for General MacArthur to mount a suc- World War II. Approximately a half a las MacArthur, earning themselves the cessful counterstrike. million survived. Actually, during the status of U.S. veterans. After the war, the U.S. Veterans’ Ad- war, as I have also pointed out, Presi- Like most American troops, Filipino ministration determined these service dent Roosevelt said all Filipinos were soldiers were effectively drafted into members met the definition of ‘‘active subject to service in our Armed Forces; the U.S. military. Service’’ in the U.S. Armed Forces and in effect, he conscripted the Filipinos When war with Japan became immi- were eligible for full VA benefits. to serve. Under the Rescission Acts of 1946, nent, President Franklin Roosevelt or- Those who survived were treated at however, many Filipino veterans’ dered the military forces of the Phil- first as our veterans on the mainland. World War II service no longer quali- ippines into the service of the U.S. Subsequently, it was determined that fied as ‘active duty’ service. Congress Armed Forces. The President held this those who came to our country, to the stripped these soldiers of the benefits authority because the Philippine Is- mainland, would be treated fully as they had earned. Filipino veterans and lands were a U.S. possession and the veterans of all types in the country their advocates have fought for the power was written into our law. were treated. We have to remember, Restoration of these benefits for more The position of these Filipino sol- this was an all-male military, pri- than 60 years. diers was similar to the thousands of This bill contains provisions that marily a draftee Army of over 16 mil- courageous Alaskans who volunteered would restore U.S. veteran status to all lion men. to serve in the Alaska Territorial First the VA determined all Filipino Filipino World War II Veterans, in- Guard and protect Alaska before it be- veterans were subject to the same laws crease service-connected disability came a state. as in the United States. If a person compensation, and provide a reduced Nearly 60 years later, in 2000, Con- came to the United States as a veteran flat rate pension to many Filipino vet- gress determined that the service of from the Philippines, he was automati- erans residing in the Philippines. the Alaska Territorial Guard was ‘‘ac- Nonservice-connected pension and cally given citizenship and entitled to tive duty’’ service, making them eligi- death pension benefits are available to full benefits of all the veterans laws, ble for the same veterans benefits Fili- all qualifying U.S. veterans regardless including the GI bill, the right to have pino veterans now seek. of race, national origin, or citizenship money to build a home, and a lot of Just 10 hours after the attack on the status. other benefits were involved in those U.S. at Pearl Harbor, Japan invaded Many Filipino World War II veterans actions taken by Congress to try and the Philippines. In the years of war and their survivors have been excluded deal with the returning veterans and that followed, Filipino soldiers fought from receiving these benefits. This bill help them regain their lives. alongside American troops with un- proposes a reasonable and fair way to Later, it was determined that those common valor and loyalty to the assist to these veterans. benefits would not be paid to many of United States. The expense of this reduced benefit is those who stayed in the Philippines. Stories of their heroism and sacrifice justified by the contribution of Fili- We have been trying for many years to are abundant. Outnumbered by the pino veterans to this country. If not for restore those payments. I commend the Japanese and forced out of Manila, Fil- their service, the fate of the United Senators from Hawaii for trying to do ipino soldiers and U.S. troops held States could have been very different. so. their ground for months before being For this, they should be treated as Actually, we had a parallel situation forced to surrender on the Bataan Pe- American veterans. in the Alaska Guard. The Alaska Guard ninsula and in Corregidor. The proposed benefit would cost only was primarily made up of Eskimos and Nearly 80,000 Filipino and U.S. sol- a fraction of what it would have if pen- Alaska Native people who patrolled the diers were taken prisoner and forced to sions were made available to alL Fili- borders of Alaska. I remind the Senate walk to a prison camp over 65 miles pino veterans who were entitled. The that we have half the coastline of the away in what became known as the in- Embassy of the Philippines claims United States. Those people who were famous ‘‘Death March.’’ As many as there were 470,000 Filipino veterans in the Alaska Guard patrolled with one in three of these men, weakened by after the war. their dogsleds without any uniforms disease and malnutrition and tortured Today only about 18,000 of these vet- being issued to them. It took us a pe- by their captors, died before reaching erans—most in their eighties—still sur- riod of time until we were able to rec- their destination. vive. ognize them, and we did so. We finally After their American leader, GEN Filipino World War II veterans resid- awarded those people in the National Douglas MacArthur, was ordered to ing in the Philippines have been denied Guard their rights as veterans of the Australia, thousands of Filipino gue- eligibility for pension benefits for more United States military forces. rilla soldiers continued resisting Japa- than 60 years. A pension benefit about This is something we have to do, as nese occupation for nearly 3 years. one third the size of that available to far as I am concerned. The provision in When MacArthur and allied forces re- veterans in the United States is not this bill restores the benefits these Fil- turned, Filipino soldiers fought fierce- overly generous. ipino veterans have earned. I do be- ly until Japan’s surrender. I hope Congress will recognize the lieve, as I pointed out the other night One million Filipino combatants and service of all our Filipino World War II on the floor, the Senate should know noncombatants died in World War II. In Veterans just as we have for the Alas- that Senator INOUYE and I went to the comparison, approximately 400,000 U.S. ka Territorial Guard. Philippines this year and met with

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\BR08\S24AP8.000 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6814 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 April 24, 2008

some of these people. I am 85 this year well as all World War II veterans, a tre- I agree with Senator BURR that this and my friend is 84, and we were the mendous thanks for their commitment. bill is largely a very good bill, and I am youngsters at the meeting. These Fili- As Senator STEVENS mentioned ages, proud to have contributed some provi- pino veterans who are surviving are it made me think, on Monday my dad sions that helped enhance veterans’ our age or older. Most of them are in- turned 87. He fought in the Pacific. He benefits, primarily by cutting redtape firm. There are 18,000 left out of the did it because it was the right thing to that would allow disabled Active-Duty 470,000 plus, almost half a million sur- do. I believe protection of our veterans Military personnel to get housing bene- vivors. This bill restores their benefits. is the right thing to do. fits before they officially retire from How long can they last? People who Let me, if I may, focus everybody on Active Duty; making family members have talked about the cost of this ben- what S. 1315 is. I ask a chart be put up. eligible for housing grants if they are efit I think misunderstand the situa- One might hear this debate and think caring for a wounded warrior—and I es- tion. This is not a cost of today’s econ- this is all about a special pension for pecially want to recognize the good omy. This is not a cost for today’s tax- Philippine veterans who live in the work of Rosie Babin, the mother of payers. This is a burden that should Philippines who have no service-con- Alan Babin, of Round Rock, TX, who have been borne before. nected disability. There is a difference. brought this to my attention, and so These people have not had these ben- This bill is so much more. now we have this provision—and ensur- efits during all of these years, and they It is $332 million in Philippine bene- ing that burn victims are eligible for have asked us now, as a matter of fits, of which $221 million is devoted to housing grants—and this is an area honor, to restore their rights before a new special pension that does not where I want to recognize the work of they leave this planet. exist. There is a term life insurance Christy Patten, the wife of Everett I, for one, appeal to the Senate. As I program for our veterans of $83 million Patten, from Kentucky, who was hos- said, there are now only five of us from over 5 years and $326 million over 10 pitalized at the Brooke Army Medical World War II left in the Senate. When years; state approving agencies, $60 Center with burns he received from an I came here, there were more than 70. million; mortgage life insurance for IED, and I thank them for the help There would be no question—I didn’t our veterans, $51 million, retroactive they provided me in working with the know this actually happened, I have to traumatic injury, on-the-job training Veterans’ Affairs Committee to make tell you. We discovered a year ago, benefits, supplemental insurance, hous- sure they were provided for here. when Senator AKAKA raised it, that ing grants for burned injured, auto I appreciate the good work our Fili- this situation exists in the Philippines. grants for burned injured, COLA for pino allies contributed to our effort in I do believe it is an action that must be surviving spouses, and much more. the Far East, but I have to say that the taken. These people not only now are I wanted to highlight those items problem I have with this bill, and the our allies, but they have warmly sup- that are mandatory spending in the reason why I agree with Senator BURR, ported our efforts throughout the bill. is that the U.S. Treasury is not bot- world. I do believe to recognize the This is a good bill. Regardless of the tomless, and the funding that is being service and sacrifice of these Filipino outcome of my amendment, I want my provided to create this new pension for veterans who fought under our flag in colleagues to support final passage of these Filipino allies, which were of World War II is absolutely essential. this bill. course fighting not only with us but for These benefits are going to the heroes Having said that, I highlight the fact themselves and for the freedom of their of the Philippines who are now sur- that we do have a difference as it re- country, is that it would literally be at viving. lates to the pensions. Before I get into the expense of U.S. veterans. Lastly, I again point out to the Sen- the specifics of why I believe, not as The $221 million that is addressed by some have portrayed it that I believe it ate, those who lived through that time Senator BURR’s amendment would ac- know if they had not made this sac- is too costly, I believe that, one, there tually go back in to supplement bene- rifice, if they had not lost two-thirds of was not a promise made. We did not fits for United States veterans. And their men in World War II, we would imply it. It was not an impression that while we appreciate and honor and do not have had the time to rebuild Amer- people had; that, in fact, when we look nothing but show our respect to all of ica. We would not have had the time to back at those individuals who served in our allies who fought alongside of us in bring in the forces, to train the people this Chamber who made the decision on World War II, certainly that doesn’t who finally carried the war throughout the Rescissions Act, they looked at the mean we are going to grant pension the world to two tyrants, to Hitler and history very well. They looked at what benefits to all of our allies, starting to the Japanese. Franklin Roosevelt said and the docu- with the Filipino veterans, or the Brit- We have not had a world war since ments that backed it up. They looked ish, or the Australians, and all the that time, and I do hope the world will at what General MacArthur said and other allies that fought with us in de- never see another world war. But these the documents that backed it up. And feating Hitler and the threat in Japan. people were the keys to the Pacific. they felt this was not the way for us to Frankly, I can’t see our priorities are Without them, we would have certainly go. correct if we do this at the expense of been at war another couple of years at Mr. President, I wish to yield a short American veterans. That is why I sup- least and certainly would have seen an period of time to my colleague, Sen- port the amendment by Senator BURR, exchange of atomic weapons by that ator CORNYN. and I hope our colleagues will vote for time. They gave us the time to survive, The PRESIDING OFFICER. The Sen- it, because certainly our American vet- and I think we ought to give them ator from Texas is recognized. erans should be our priority. their rights before they leave this plan- Mr. CORNYN. Mr. President, I appre- et. ciate Senator BURR’s leadership on this I yield the floor. I thank the Chair. issue. I, too, express my appreciation, Mr. BURR. Mr. President, I thank The PRESIDING OFFICER. Who and I have to say our two Senators the Senator from Texas. yields time? from Hawaii are beloved by all Mem- Let me highlight one area from these The Senator from North Carolina. bers of this Senate and people whom we 11 points of the substance of Senator Mr. BURR. Mr. President, I yield my- respect enormously, as well as the Sen- AKAKA’s bill, and it is the creation of a self as much time as I may consume. ator from Alaska. new special pension of $300 a month to Chairman AKAKA is a good man and a My father was a veteran of World Filipino veterans who live in the Phil- fair man. He is a wonderful chairman. War II, and the service each of these ippines who have no service-connected He has produced a bill which has a tre- veterans has provided for our country disability and who did not serve in the mendous amount of good. I am in deep and for our freedom and security is United States services. respect of Senator INOUYE and Senator something we can never thank them Now, the reason I want to draw that STEVENS. This country owes both, as for enough. distinction—and I will ask for the next

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\BR08\S24AP8.000 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 6815 chart—is there are four groups of Fili- Congress’s intent to grant full VA ben- Because there are three or four of us here on pino veterans. It is important to under- efits to Filipino veterans? First, it is the committee who were present when the GI stand that the group we refer to as Old important to note that it was a 1942 VA bill was written, and I don’t think that ever Scouts enlisted in the U.S. Army. Be- legal opinion which concluded that Fil- entered into it. cause they enlisted in the U.S. Army, ipino veterans had served ‘‘in the ac- So the individuals who wrote the GI they are extended every benefit a U.S. tive military or naval service of the bill in a committee hearing are veteran has. We had three other United States’’ and on that basis were verifying that was not even discussed, groups, though, the Commonwealth eligible for VA benefits. Senator Carl much less their intent. Army of the Philippines, Recognized Hayden, who in 1946 was the chairman There are a number of documents Guerilla Forces, and New Philippine of the Subcommittee on Appropria- that have existed as committees have Scouts. Of those three categories, none tions, had this to say about VA’s legal held hearings over a period of time were enlisted in the U.S. service. determination regarding Philippine from the Department of the Army, Senator INOUYE was correct, they Army veterans during the committee from the Roosevelt library. There have were under U.S. command. There were proceedings in March of that year: been searches everywhere to try to find a lot of people in the Second World War There is nothing to indicate that there was any documentation that would lead who were under the U.S. command. But any discussion of the meaning of that term, one to believe that there was a prom- the official account lists this as the probably because it is generally well recog- ise, that there was an insinuation, and Commonwealth Army of the Phil- nized and has been used in many statutes having to do with members or former mem- the fact is, whether it is Roosevelt doc- ippines. Now, the question that is at bers of the American armed forces. It would uments, whether it is Army docu- the heart of the matter here is: Were normally be construed to include persons ments, whether it is General Mac- Filipino veterans promised VA bene- regularly enlisted or inducted in the regular Arthur’s personal documents, no one fits? According to the information pro- manner in the military and naval service of can find anything, other than ‘‘we be- vided in a 1998 congressional hearing, the United States. lieve this existed.’’ the Department of the Army examined He goes on to say: What factors influenced Congress’s its holdings on General McArthur and But no one could be found who would as- decision to limit certain VA benefits to President Roosevelt and found no ref- sert that it was ever the clear intention of Philippine veterans in what is known erence by either of these wartime lead- Congress that such benefits as are granted— as the Rescissions Act of 1946, where it ers to post-war benefits for Filipino under the GI Bill of Rights—should be ex- tended to the soldiers of the Philippine was made perfectly clear in legislation veterans. Army. There is nothing in the text of any of that this was going to happen? Well, Let me draw a distinction. For any the laws enacted by Congress for the benefit you have heard it from the authors of Philippine veteran who has a service- of veterans to indicate such intent. the GI bill. ‘‘We never intended this to connected disability, they are com- He goes further to say: be extended.’’ The Congressional Re- pensated today, whether they live in It is certainly unthinkable that Congress search Service testimony in April of the United States or whether they live would extend the normal meaning of the 2007 provided the following conclusion in the Philippines. For the soldier in term to cover the large number of Filipinos based on its review of the congressional the Commonwealth Army of the Phil- to whom it has been suggested that the Serv- history. ippines, those whom Senator STEVENS icemen’s Readjustment Act of 1940 applies, at a cost running into billions of dollars, It seems clear that Congress considered the referred to from the Bataan Death Rescissions Act in the context of providing March or side by side in the foxhole, aside from other considerations, without some reference to it either in the debates in for the comprehensive economic develop- and who had a service-connected dis- Congress or in the committee reports. ment of the soon to be sovereign Republic of ability, they receive compensation the Philippines. Maybe this is the debate in Congress. from the U.S. Government today, and This issue was raised in 1997, and in President Truman, in signing the Re- have continually. The reference that June of that year, when the Clinton ad- scissions Act, reminded everyone in the they only got part of what the U.S. vet ministration was asked to testify on United States that we shared responsi- gets is, in fact, accurate. Because of this, Stephen Lemons, Acting Under bility with the Philippine Government the difference in the two economies, it Secretary for Benefits, was quoted in for the welfare of Philippine veterans, was structured to recognize their econ- the hearing as saying this: but recognized that certain practical omy and not to provide more than an History shows that the limitations on eli- difficulties exist in applying the GI bill equal share to U.S. veterans. gibility for U.S. benefits based on service in of rights to the Philippines. In this bill, we make a change, and these Philippine forces were based on a care- Again, the second President in the that is why, when I alluded to the fact fully considered determination of the gov- line suggesting that this was not the there is $320 some million designated ernment’s responsibilities toward them. intent. for Filipinos but only $221 million des- They testified against extending that As I said earlier, we extend disability ignated to the special new pension, the benefit. other $100 million Senator AKAKA has In 1948, there was a House hearing, compensation to any Filipino veteran, recognized that 50 cents on the dollar and in that House hearing there was an regardless of Commonwealth Army or is very difficult to substantiate. What exchange between witnesses and Mem- of the U.S. Army, who was injured in he does is he raises it dollar for dollar bers of the House. There was a Father service or disabled because of service. with U.S. veterans. Haggarty who came to testify, and I Now, what have we done? What specifi- Let me put that in perspective. For a read from the official accounts of that cally has the United States done since 100-percent disabled veteran in the hearing. This is Father Haggarty: we left the Philippines? Philippines today, it means today they It was constantly promised, as the ambas- After the war, the U.S. provided $620 get $1,200 a month. After this bill sador mentioned, in radio broadcasts, official million—in today’s dollars that is $6.7 passes, they will get $2,400 a month, in American broadcasts to the Philippines in billion—for repair of public property an economy where the average annual the war. It was definitely promised by Gen- and war damage claims and assistance income is $2,800 a month. We will take eral McArthur, General Wainwright, and also to the Philippine Government. VA every servicemember, regardless of it has been acknowledged, I believe, that the compensation for service-related dis- Philippine groups recognized the guerrillas, abilities, as I said, and survivor com- which of those three branches of the acting as members of the United States commonwealth army they served in, Armed Forces, were entitled at one time to pensation was also provided, and again and they will be in the elite class from complete GI bill of rights. That is, they were paid at a rate that reflected differences a standpoint of income. I support that. included. I believe that is correct, and were in the cost of living. I support Senator AKAKA’s change in later left out. We are changing that. We are raising the law. Mr. Allen, Member: it to 100 percent. The United States But the root issue raised is: They May I say there, Father, I know you are provided $22.5 million—$196 million in were promised something more. Was it sincere about it, but I think you are in error. today’s dollars—for the construction

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\BR08\S24AP8.000 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6816 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 April 24, 2008 and equipping of a hospital in the Phil- promise. He offered $100 versus $300. It fought and died at Corregidor, they ippines for the care of Filipino vet- was rejected. The chairman knows I do were with us on the beaches of Bataan, erans. In addition, the U.S. Govern- not have any ill will over that; a deci- and in the death marches. They were ment provides annual grants to support sion was made, and it was rejected on there when General MacArthur prom- the operation of the hospital, which a party-line vote. ised he would return, they fought using was later donated to the Philippine I hope—and I say this to the chair- guerrilla tactics to tie down the Japa- Government. The grants continue to man today—I hope this is the last time nese, and they fought under General exist today. while I am here when the Veterans’ Af- MacArthur when he came back and Survivors of the Filipino veterans fairs Committee brings a bill to the said, ‘‘I have returned.’’ who died as a result of service are eligi- floor that does not have the bipartisan Throughout the war, Filipino soldiers ble for educational assistance benefits. consensus that history has proven, and fought under the American flag, serv- Filipino veterans legally residing in I think he and I can accomplish that. ing with valor, strength, and dignity. the United States are eligible for full- We inherited something on which we President Roosevelt guaranteed those rate disability compensation, full-rate were incapable of coming to some com- brave soldiers that the United States cash burial benefits, full access to the promise, so we have a tough decision to would come to their aid in times of VA health care clinics, medical cen- make. That decision today is about, peace, just as they had come to our aid ters, and burial in our national ceme- frankly, our veterans or their veterans. during times of war. teries. Are we going to enhance the benefits He guaranteed them equal veterans’ I am not sure anybody can leave this for housing grants and for car grants or benefits—a fair promise, considering debate and say we have not done our are we going to create a new special their service and considering the law of share. So we are back to one issue: the pension for Filipino veterans who live the land, as they were full members of special pension. We are back to the cre- in the Philippines who have no service- the U.S. military. ation of a special pension for some connected disability? It is an issue of, But in 1946 in one of the most mis- number of Filipinos who served or were Is it equitable? guided legislative actions at the time, affiliated with the Commonwealth What my amendment does is simple. Congress took away the benefits that Army of the Philippines that would It eliminates this new special pension the President of the United States had place them in a pension category of and takes the $221 million and in- promised them, benefits they had $300 a month. creases the grants that we have in rightfully earned. I will ask for the last chart to go up. adaptive housing for our burned vet- Of the approximately 250,000 Filipino I made this case 2 days ago extremely erans and for car grants. veterans who fought for us in America, hard, and I want my colleagues to lis- We respect and we are grateful for only 18,000 are still alive today. Many ten. The proposal to raise $300 is on top the brave Filipino fighters, but this is of them are searching for ways to pay of what is currently paid by the Fili- about today, not yesterday. It is about for health care and struggling in ways pino Government to every veteran. the needs of our veterans, the equity of they never should. These veterans have That is $120 a month. That $120 a our generosity. It is not about broken more yesterdays than tomorrows. They month in the Philippines puts every promises, it is about recognizing prior- are well into their eighties, and in veteran 400 percent above the poverty ities. It is not about young Members terms of our budget, what this bill line in the Philippines. Let me put it in looking and saying that is too much would cost over the next 10 years we perspective to the United States. For money. No, it is about young Members are spending in Iraq every 18 hours. our veterans who receive a special pen- looking and saying: You know what, Those who say it will cost too much sion because of income, that pension when you can’t fund everything you are the same voices who said it would equates to 10 percent above the poverty have to prioritize. cost too much to do what Democrats line. Today, the $120 a month equates I urge my colleagues, I implore my did under the leadership of Senator to 400 percent above the poverty line. colleagues, support my amendment and AKAKA when, for the first time, we What we are being asked to do in make sure we put our priorities in the fully funded the veterans independent 1315, and what I am cutting from 1315 right place. Then vote for passage. Sup- budget. and allocating to our veterans, is $300 a port the chairman in his efforts for When we bring this bill to a vote, we month, which would raise the Filipino passage and know that each one of us will be answering a very simple but veterans to 1400 percent over poverty. will have upheld our responsibilities to powerful question: Does our Nation Mr. President, that is 27 percent over our warriors, those individuals who keep its promises? We need to right an the median annual income of a Fili- protect us every day we are here. injustice of the past and show our al- pino. I yield the floor. lies, for future purposes as well, when I might once again say, for U.S. vet- The PRESIDING OFFICER (Mr. we tell people to join us in our fight erans under special pensions, they are TESTER). The time of the Senator has against terrorism, to join us in our 10 percent above poverty; they are at 21 expired. The Senator from Hawaii. fight against other challenges in the percent of median income—under, not Mr. AKAKA. Mr. President, I yield 5 world, that America honors its obliga- over. This one change, this one cre- minutes to the Senator from New Jer- tions to those who fight for the values ation of a new program, puts the whole sey, Mr. MENENDEZ. and principles we collectively share. group at 1400 percent over the poverty Mr. MENENDEZ. Mr. President, the This is a critical time to send a mes- line and 27 percent over the median in- Veterans’ Benefit Enhancement Act we sage to friends of freedom across the come. This is on top of the $1,200, if are debating contains a number of im- world that we remember our allies, and they are fully disabled, that they are portant benefits to provide for our vet- we pay our debts. currently getting each month. What erans. It would expand eligibility for Our distinguished colleagues in this Senator AKAKA will do in his bill, and traumatic injury insurance, provide job Senate who have served during World I support, raises that to $2,400 if they training, and help disabled veterans War II have said this is not simply a are 100 percent disabled. make their homes more accessible. question of budget, this is a question of I say to my colleagues, we are not That is all worthy. honor. These individuals of honor put here to create another class in the There is also another issue. In 1941, their lives on the line for our Nation, Philippines. I hold Senator INOUYE’s President Roosevelt called on the peo- and now the honor of our Nation is on and Senator STEVENS’ belief that we ple of the Philippines to fight for their the line. owe these individuals so much—but so freedom and ours, and thousands of Let’s just show a fraction of the do we to our veterans, to my dad who brave Filipinos answered the call. They bravery they did and vote to restore to just turned 87 who fought in the Pa- carried out operations to liberate their them what they were promised, what cific. Senator CRAIG, in the committee homeland and joined us in support of was the law, and what they rightfully markup, attempted to reach a com- our efforts in the Pacific theater. They earned.

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\BR08\S24AP8.000 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 6817 Now, like lawyers, there are some vote, we will be answering a very sim- I want to expand on what the two who are picking on points here or there ple but powerful question: Does our Na- Senators from Hawaii have said. There to build a case against these benefits. tion keep its promises? is one thing that America should never In my mind it is a case made of sand. We need to right an injustice of the do, and that is break her word. When Let’s vote to bring an honorable ending past and show our allies for future pur- we have allies who are side by side with to this story and in however small a poses as well; when we tell people join us in war, and they are depending on way let us pledge now to give them dig- us in our fight against terrorism, join our word that we are going to take nity in the twilight of their lives. us in our fight against other challenges care of them, it is the obligation of I urge my colleagues to support Sen- in the world that America honors its America to do that. ator AKAKA’s bill as it is to be able to obligation to those who fight for the I yield the floor. keep our word in the world. values and our principles that we col- Mrs. CLINTON. Mr. President, I rise Mr. President, to reiterate, the Vet- lectively share. This is a critical time today in support of providing benefits erans’ Benefits Enhancement Act that to send a message to friends of freedom to Filipino veterans who served our Na- we are debating contains a number of across the world: we remember our al- tion during World War II. S. 1315, the important measures to provide for our lies and we pay our debts. Veterans’ Benefits Enhancement Act of veterans. It would expand eligibility Our distinguished colleagues in the 2007 introduced by Senator AKAKA, spe- for traumatic injury insurance, provide Senate who have served during World cifically includes a provision that job training, help disabled veterans War II have said, this is not simply a would restore health and pension bene- make their homes more accessible. And question of budget. This is a question fits to Filipino veterans who fought for that is all worthy. But there is also an- of honor. These individuals of honor the United States during World War II. other issue. put their lives on the line for our Na- This provision is based on S.57, the Fil- In 1941, President Roosevelt called on tion, and now the honor of our Nation ipino Veterans Equity Act of 2007 origi- the people of the Philippines to fight is on the line. Let us show them just a nally introduced by Senator INOUYE for their freedom and ours, and thou- fraction of the bravery they did, and and which I am proud to cosponsor. I sands of brave Filipinos answered the vote to restore them what they were have supported rectifying this injustice call. They carried out operations to lib- promised, what was the law and what since I entered the Senate in 2001. erate their homeland, and joined us in they rightfully earned. Senator BURR’s amendment would support of our efforts in the Pacific Now, like lawyers there are some strip the provision benefitting Filipino Theater. They fought and died at Cor- who are picking on points here and veterans from S. 1315. I strongly oppose regidor. They were with us on the there to build a case against these ben- this amendment. In 1942, President Roosevelt issued an beaches at Bataan, and in the death efits, in my mind is a case made of order conscripting Filipino soldiers marches. They were there when Gen- sand. Let us vote to bring an honorable into the U.S. Armed Forces. More than eral MacArthur promised he would re- ending to this story and in however small a way, let us pledge now to give 250,000 Filipino soldiers joined the U.S. turn, they fought using guerilla tactics them dignity in the twilight of their Armed Forces in the months before and to tie down the Japanese, and they life. I really urge my colleagues to sup- days following the attack on Pearl fought under General MacArthur when port Senator AKAKA’s bill as it is, and Harbor. These men served on the bat- he came back and said, ‘‘I have re- be able to keep our word in the world. tlefield and fought courageously along- turned.’’ If I have any remaining time, I yield side American soldiers throughout Throughout the war, Filipino soldiers it back to Senator AKAKA. World War II, took part in the guerilla fought under the American flag, serv- The PRESIDING OFFICER. The Sen- resistance, and suffered in prisoner-of- ing with valor, strength, and dignity. ator from Hawaii. war camps including the infamous Ba- President Roosevelt guaranteed those Mr. AKAKA. Mr. President, I would taan Death March in which untold brave soldiers that the United States like to yield 5 minutes to the Senator numbers of Americans and Filipinos would come to their aid in times of from Florida, Mr. NELSON. soldiers suffered and died under brutal peace just as they had come to our aid The PRESIDING OFFICER. The Sen- conditions. during times of war. He guaranteed ator from Florida is recognized. The United States promised these them equal veterans’ benefits—a fair Mr. NELSON of Florida. Mr. Presi- Filipino veterans the same health and promise, considering their service, and dent, the underlying bill that the Sen- pension benefits as those of American considering the law of the land, as they ators from Hawaii and North Carolina servicemembers, but after World War II were full members of the U.S. military. have put together is a step in the right ended, Congress passed the Rescission But in 1946, in one of the most mis- direction: increasing life insurance Act of 1946, rescinding benefits that the guided legislative actions of the time, benefits, increasing disability bene- Filipino soldiers were entitled to re- Congress took away the benefits that fits—particularly for traumatic brain ceive as U.S. veterans. Since then, the President of the United States had injury—and doing that retroactively. these veterans have been fighting for promised them—benefits they had There is another portion in here that these benefits which were unjustly re- rightfully earned. Of the approximately makes a lot of sense. If under current voked by the 1946 Rescission Act. 250,000 Filipino veterans who fought for law a veteran who is deployed to a war I reiterate the statements I made re- us in America, only about 18,000 are zone can get out of his apartment rent- cently in honor of the 66th anniversary still alive today. Many of them are al contract, why should not he be able of the Bataan Death March that this is searching for ways to pay for health to get out of his cell phone lease con- a matter of restoring the honor and care, and are struggling in ways they tract? That provision is in here. That dignity of these courageous veterans. I never should. is in the underlying bill. will continue to support and fight for These veterans have more yesterdays Let me tell you what is not in here— the Filipino veterans equity bill. than tomorrows. They are all well into I am going to have to take this up on The PRESIDING OFFICER. The Sen- their eighties. In terms of our budget, the Defense authorization bill—taking ator from Hawaii. what this bill would cost over the care of the widows and the orphans in Mr. AKAKA. Mr. President, how course of 10 years, we are spending in the offset between survivor benefits much time do we in the majority have? Iraq every 18 hours. plans and dependents’ indemnity com- The PRESIDING OFFICER. Five So those who say it costs too much pensation—SVPDIC. The veterans’ sur- minutes. The time of the Senator from are the same voices who said that it vivors, the widows and orphans, are en- North Carolina has expired. would cost too much to do what Demo- titled under both by law—but by law Mr. AKAKA. Mr. President, I thank crats did under the leadership of Sen- they offset each other. Thus widows the Senator from Florida for his re- ator AKAKA, when for the first time we and orphans are suffering. We will ad- marks. fully funded the veterans independent dress that in the Defense authorization Mr. President, on July 26, 1941, Presi- budget. When we bring this bill to a bill. dent Roosevelt issued an Executive

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\BR08\S24AP8.000 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6818 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 April 24, 2008 Order ordering all military forces of On page 35, line 22, add after the period the Smith Sununu Vitter the Commonwealth of the Philippines following: ‘‘The amendment made by the pre- Snowe Thune Wicker into service of the Armed Forces of the ceding sentence shall take effect on October NAYS—56 1, 2008, and shall expire on January 1, 2010.’’. United States. This happened after a Akaka Harkin Nelson (FL) On page 38, beginning on line 21, strike Baucus Inouye Nelson (NE) bit of history. ‘‘the date of the enactment of this Act’’ and In 1898 the Philippines became a col- Biden Johnson Pryor insert ‘‘April 1, 2009’’. Bingaman Kennedy Reed ony of the United States. It was on On page 41, line 16, strike ‘‘May 1, 2008’’ Boxer Kerry Reid March 24, 1934, that the Tydings- and insert ‘‘April 1, 2009’’. Brown Klobuchar Rockefeller McDuffie Act passed Congress. That On page 41, line 18, strike ‘‘May 1, 2008’’ Byrd Kohl Salazar Cantwell Landrieu Sanders provided for independence for the Phil- and insert ‘‘April 1, 2009’’. Cardin Lautenberg Schumer ippines. It was mandated in that bill On page 41, line 24, strike ‘‘the date of the Carper Leahy Specter enactment of this Act’’ and insert ‘‘April 1, Casey Levin that there would be a 10-year period— Stabenow 2009’’. Clinton Lieberman that is to 1944—when the Philippines Stevens On page 42, line 1, strike ‘‘the date of the Conrad Lincoln would formalize and shape and develop Dodd Lugar Tester enactment of this Act’’ and insert ‘‘that Voinovich its entity. But what was mandated was date’’. Dorgan McCaskill that the United States would provide Durbin Menendez Warner On page 59, line 17, strike ‘‘October 1, 2007’’ Feingold Mikulski Webb the control and supervision of the na- and insert ‘‘October 1, 2008’’. Feinstein Murkowski Whitehouse tional defense of the Philippines, and On page 62, line 22, strike ‘‘October 1, 2007’’ Hagel Murray Wyden and insert ‘‘October 1, 2008’’. also of its foreign affairs. NOT VOTING—3 This was in that bill in 1934. The 10- On page 67, line 23, strike ‘‘October 1, 2007’’ year period ended in 1944. So the and insert ‘‘October 1, 2008’’. DeMint McCain Obama United States was very much a part of On page 71, beginning on line 9, strike ‘‘Oc- The amendment (No. 4572) was re- the Philippines. In 1941, under the dec- tober 1, 2007, and ending on September 30, jected. 2011’’ and insert ‘‘October 1, 2008, and ending laration and Executive Order of Presi- Mrs. FEINSTEIN. I move to recon- on September 30, 2012’’. sider the vote. dent Roosevelt, they served in the U.S. On page 71, line 23, strike ‘‘March 31, 2011’’ Armed Forces of the Far East. All of and insert ‘‘March 31, 2012’’. Mr. LEAHY. I move to lay that mo- the military forces of the Common- On page 72, line 3, strike ‘‘September 30, tion on the table. wealth of the Philippines remained 2011’’ and insert ‘‘September 30, 2012’’. The motion to lay on the table was under the command of the U.S. Armed On page 72, line 14, strike ‘‘fiscal years 2008 agreed to. Forces of the Far East throughout through 2011’’ and inserting ‘‘fiscal years 2009 Mrs. BOXER. Mr. President, I would World War II and until the Philippines through 2012’’. like to offer my support for S. 1315, the was granted independence on July 4, On page 73, line 4, strike ‘‘fiscal year 2011’’ Veterans’ Benefits Enhancement Act of and insert ‘‘fiscal year 2012’’. 1946. 2007. This is a tremendously important On page 75, beginning on line 22, strike piece of legislation, and I commend Our Nation has a long history of car- ‘‘December 31, 2010’’ and insert ‘‘December Senator AKAKA and the Veterans’ Af- ing for aging veterans, particularly 31, 2011’’. those who served the country during a fairs Committee for their work. Mr. AKAKA. Mr. President, I yield time of war. Philippine veterans of the This bill says to the men and women back the remaining time and I ask for Second World War are now in their twi- who have served and suffered horrible the vote. light years, and many are struggling to injuries and paid the price of war, ‘‘We Mr. BURR. Mr. President, I ask for make ends meet, especially with global have not forgotten you. You and your the yeas and nays. food prices on the rise. Now, perhaps families deserve the respect and care of The PRESIDING OFFICER. Is there a more than ever, the modest pension a grateful Nation, and we will do all sufficient second? benefits that are in S. 1315 are of the that we can to see to it that you live greatest value to veterans who earned There appears to be a sufficient sec- lives of dignity.’’ Among other things, them on the battlefield so many years ond. this legislation enhances life insurance ago. The question is on agreeing to benefits to disabled servicemembers, I urge my colleagues to stand with amendment No. 4572. improves benefits for veterans who me, with my World War II colleagues, The clerk will call the roll. need to renovate their homes to accom- Senators Inouye and Stevens, and a Mr. DURBIN. I announce that the modate their injuries, and increases majority of the Veterans’ Affairs Com- Senator from Illinois (Mr. OBAMA) is education benefits so our veterans will mittee and not accept the amendment necessarily absent. have an easier time going back to of the Senator from North Carolina. Mr. KYL. The following Senators are school and getting good jobs when they AMENDMENT NO. 4576 necessarily absent: the Senator from finish military service. Mr. AKAKA. Mr. President, under the South Carolina (Mr. DEMINT) and the But just as important as taking care agreement entered yesterday, I now Senator from Arizona (Mr. MCCAIN). of our newest generation of veterans, call up the managers’ technicals pack- Further, if present and voting, the this bill also takes care of some of the age and ask unanimous consent that Senator from South Carolina (Mr. oldest veterans who were a part of the the amendment be considered and DEMINT) would have voted ‘‘yea.’’ ‘‘greatest generation.’’ agreed to and the motion to reconsider The PRESIDING OFFICER. Are there In 1941, President Roosevelt issued an laid upon the table. any other Senators in the Chamber de- order that directed the Commonwealth The PRESIDING OFFICER. Without siring to vote? Army of the Philippines to fight along- objection, it is so ordered. The result was announced—yeas 41, side our Armed Forces, as he was au- The amendment (No. 4576) was agreed nays 56, as follows: thorized to do under the Philippine to, as follows: [Rollcall Vote No. 111 Leg.] Independence Act of 1934. Some 250,000 On page 12, beginning on line 8, strike YEAS—41 Filipinos would swear allegiance to the United States of America in the ‘‘June 1, 2008’’ and insert ‘‘April 1, 2009’’. Alexander Coleman Gregg On page 13, line 17, strike ‘‘January 1, 2008’’ Allard Collins Hatch months before and the days after Pearl and insert ‘‘January 1, 2009’’. Barrasso Corker Hutchison Harbor. On page 14, line 9, strike ‘‘January 1, 2008’’ Bayh Cornyn Inhofe Under our flag, they went on to fight and insert ‘‘January 1, 2009’’ Bennett Craig Isakson Bond Crapo and die on the same battlefields as U.S. On page 29, line 7, strike ‘‘October 1, 2007’’ Kyl troops. They gathered intelligence, or- and insert ‘‘October 1, 2008’’. Brownback Dole Martinez Bunning Domenici McConnell ganized a guerilla resistance against On page 29, line 12, strike ‘‘December 31, Burr Ensign Roberts the Japanese invasion of their island 2008’’ and insert ‘‘December 31, 2009’’. Chambliss Enzi Sessions On page 30, line 19, strike ‘‘December 31, Coburn Graham home, and assisted in rescue operations Shelby 2008’’ and insert ‘‘December 31, 2009’’. Cochran Grassley of American prisoners of war.

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\BR08\S24AP8.000 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 6819 When the fighting stopped, the mem- The PRESIDING OFFICER. The bill Sec. 102. Administrative costs of service dis- bers of the Filipino Army were to have having been read the third time, the abled veterans’ insurance. been eligible for full veterans’ benefits, question is, Shall it pass? Sec. 103. Modification of servicemembers’ just like American veterans. In Octo- Mr. AKAKA. Mr. President, I ask for group life insurance coverage. ber of 1945 GEN Omar Bradley, who at the yeas and nays on final passage and Sec. 104. Supplemental insurance for totally disabled veterans. urge my colleagues to support the the time was the head of the Veterans’ Sec. 105. Expansion of individuals qualifying Administration, affirmed that the Fili- pending measure. for retroactive benefits from pino soldiers would be treated no dif- The PRESIDING OFFICER. Is there a traumatic injury protection ferently and were to receive all the sufficient second? coverage under benefits that they rightly deserved. There appears to be. Servicemembers’ Group Life In- Unfortunately, the Rescission Act of The clerk will call the roll. surance. 1946 changed all that. It stated that the The assistant legislative clerk called Sec. 106. Consideration of loss dominant Filipinos who fought alongside Ameri- the roll. hand in prescription of schedule cans had not performed ‘‘active serv- Mr. DURBIN. I announce that the of severity of traumatic injury ice’’ and that they had no standing or Senator from Illinois (Mr. OBAMA) is under Servicemembers’ Group Life Insurance. claim to any ‘‘rights, privileges, or necessarily absent. Mr. KYL. The following Senators are Sec. 107. Designation of fiduciary for trau- benefits.’’ necessarily absent: the Senator from matic injury protection cov- Mr. President, there are now only erage under Servicemembers’ South Carolina (Mr. DEMINT) and the about 18,000 of these heroic Filipinos Group Life Insurance in case of Senator from Arizona (Mr. MCCAIN). left. About 13,000 of them are still in lost mental capacity or ex- The PRESIDING OFFICER. Are there the Philippines, where they have wait- tended loss of consciousness. any other Senators in the Chamber de- ed over 60 years for the United States Sec. 108. Enhancement of veterans’ mort- siring to vote? gage life insurance. Government to provide the benefits The result was announced—yeas 96, TITLE II—HOUSING MATTERS they were promised and are owed for nays 1, as follows: serving our Nation and defending the Sec. 201. Home improvements and structural [Rollcall Vote No. 112 Leg.] cause of freedom. That is what this leg- alterations for totally disabled islation does. It also extends the bene- YEAS—96 members of the Armed Forces fits available to all U.S. servicemem- Akaka Dole McCaskill before discharge or release from Alexander Domenici McConnell bers to the 5,000 Filipino veterans liv- the Armed Forces. Allard Dorgan Menendez Sec. 202. Eligibility for specially adapted ing here in the United States. Barrasso Durbin Mikulski housing benefits and assistance Unfortunately, for the past 9 months, Baucus Ensign Murkowski for members of the Armed the other side of the aisle has balked at Bayh Enzi Murray Bennett Feingold Nelson (FL) Forces with service-connected allowing this legislation to come up for Biden Feinstein Nelson (NE) disabilities and individuals re- a vote. I am certainly thankful that Bingaman Graham Pryor siding outside the United they have no problem with extending Bond Grassley Reed States. full benefits to Filipino veterans living Boxer Gregg Reid Sec. 203. Specially adapted housing assist- Brown Hagel Roberts here. But sadly they feel that $300 a Brownback Harkin Rockefeller ance for individuals with severe month for a single person and $375 for Bunning Hatch Salazar burn injuries. a married person is too high a pension Burr Hutchison Sanders Sec. 204. Extension of assistance for individ- for someone who lives in the Phil- Byrd Inhofe Schumer uals residing temporarily in Cantwell Inouye Sessions housing owned by a family ippines but fought for the United Cardin Isakson Shelby member. States 60 years ago and hasn’t received Carper Johnson Smith Sec. 205. Supplemental specially adapted a penny since. Instead they are insist- Casey Kennedy Snowe Chambliss Kerry Specter housing benefits for disabled ing on no pension at all for these vet- Clinton Klobuchar Stabenow veterans. erans. Coburn Kohl Stevens Sec. 206. Report on specially adapted hous- However, I am glad that we have now Cochran Kyl Sununu ing for disabled individuals. moved to the bill, and we can debate Coleman Landrieu Tester Sec. 207. Report on specially adapted hous- Collins Lautenberg Thune ing assistance for individuals the merits of this vital legislation that Conrad Leahy Voinovich will address the needs of those who Corker Levin Warner who reside in housing owned by have paid the price of war. Cornyn Lieberman Webb a family member on permanent basis. Senator INOUYE, who has so faithfully Craig Lincoln Whitehouse Crapo Lugar Wicker TITLE III—LABOR AND EDUCATION lead this effort for the past 16 years Dodd Martinez Wyden and knows what it means to have MATTERS fought under our flag in World War II, NAYS—1 Sec. 301. Coordination of approval activities recently stated, ‘‘What happened 61 Vitter in the administration of edu- years ago was not right; it was shame- cation benefits. NOT VOTING—3 Sec. 302. Modification of rate of reimburse- ful and disgraceful. . . . The legislation ment of State and local agen- DeMint McCain Obama is about fairness and dignity—core cies administering veterans American values. It is also about cor- The bill (S. 1315), as amended, was education benefits. recting an injustice that has stood for passed, as follows: Sec. 303. Waiver of residency requirement way too long.’’ S. 1315 for Directors for Veterans’ Em- I could not agree more, and I urge my Be it enacted by the Senate and House of Rep- ployment and Training. colleagues to support this bill and resentatives of the United States of America in Sec. 304. Modification of special unemploy- bring these well-deserved and urgently Congress assembled, ment study to cover veterans of needed benefits to those veterans—both SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Post 9/11 Global Operations. Sec. 305. Extension of increase in benefit for young and old—who have fought on our (a) SHORT TITLE.—This Act may be cited as the ‘‘Veterans’ Benefits Enhancement Act of individuals pursuing appren- behalf. ticeship or on-job training. The PRESIDING OFFICER. Under 2007’’. (b) TABLE OF CONTENTS.—The table of con- TITLE IV—FILIPINO WORLD WAR II the previous order, the amendment in tents for this Act is as follows: VETERANS MATTERS the nature of a substitute, as amended, Sec. 1. Short title; table of contents. Sec. 401. Expansion of eligibility for benefits is agreed to. Sec. 2. Reference to title 38, United States provided by Department of Vet- The clerk will read the bill for the Code. erans Affairs for certain service third and final time. TITLE I—INSURANCE MATTERS in the organized military forces The bill was ordered to be engrossed Sec. 101. Level-premium term life insurance of the Commonwealth of the for a third reading and was read the for veterans with service-con- Philippines and the Philippine third time. nected disabilities. Scouts.

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00019 Fmt 0686 Sfmt 0655 E:\BR08\S24AP8.000 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6820 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 April 24, 2008 Sec. 402. Eligibility of children of certain TITLE I—INSURANCE MATTERS ‘‘(2) the end of the 10-year period beginning Philippine veterans for edu- SEC. 101. LEVEL-PREMIUM TERM LIFE INSUR- on the date of the separation of the veteran cational assistance. ANCE FOR VETERANS WITH SERV- from the Armed Forces, whichever is ear- TITLE V—COURT MATTERS ICE-CONNECTED DISABILITIES. lier.’’. (a) IN GENERAL.—Chapter 19 is amended by (b) CLERICAL AMENDMENT.—The table of Sec. 501. Recall of retired judges of the inserting after section 1922A the following sections at the beginning of chapter 19 is United States Court of Appeals new section: amended by inserting after the item related for Veterans Claims. ‘‘§ 1922B. Level-premium term life insurance to section 1922A the following new item: Sec. 502. Additional discretion in imposition for veterans with service-connected disabil- ‘‘1922B. Level-premium term life insurance of practice and registration ities for veterans with service-con- fees. ‘‘(a) IN GENERAL.—In accordance with the nected disabilities.’’. Sec. 503. Annual reports on workload of provisions of this section, the Secretary (c) EXCHANGE OF SERVICE DISABLED VET- United States Court of Appeals shall grant insurance to each eligible vet- ERANS’ INSURANCE.—During the one-year pe- for Veterans Claims. eran who seeks such insurance against the riod beginning on the effective date of this Sec. 504. Report on expansion of facilities death of such veteran occurring while such section under subsection (d), any veteran in- for United States Court of Ap- insurance is in force. sured under section 1922 of title 38, United peals for Veterans Claims. ‘‘(b) ELIGIBLE VETERANS.—For purposes of States Code, who is eligible for insurance this section, an eligible veteran is any vet- under section 1922B of such title (as added by TITLE VI—COMPENSATION AND PENSION eran less than 65 years of age who has a serv- subsection (a)), may exchange insurance cov- MATTERS ice-connected disability. erage under such section 1922 for insurance Sec. 601. Addition of osteoporosis to disabil- ‘‘(c) AMOUNT OF INSURANCE.—(1) Subject to coverage under such section 1922B. ities presumed to be service- paragraph (2), the amount of insurance (d) EFFECTIVE DATE.—This section, and the connected in former prisoners granted an eligible veteran under this sec- amendments made by this section, shall take of war with post-traumatic tion shall be $50,000 or such lesser amount as effect on April 1, 2009. stress disorder. the veteran shall elect. The amount of insur- SEC. 102. ADMINISTRATIVE COSTS OF SERVICE Sec. 602. Cost-of-living increase for tem- ance so elected shall be evenly divisible by DISABLED VETERANS’ INSURANCE. porary dependency and indem- $10,000. Section 1922(a) is amended by striking ‘‘di- nity compensation payable for ‘‘(2) The aggregate amount of insurance of rectly from such fund’’ and inserting ‘‘di- surviving spouses with depend- an eligible veteran under this section, sec- rectly from such fund; and (5) administrative ent children under the age of 18. tion 1922 of this title, and section 1922A of costs to the Government for the costs of the this title may not exceed $50,000. program of insurance under this section Sec. 603. Clarification of eligibility of vet- ‘‘(d) REDUCED AMOUNT FOR VETERANS AGE erans 65 years of age or older shall be paid from premiums credited to the 70 OR OLDER.—In the case of a veteran in- fund under paragraph (4), and payments for for service pension for a period sured under this section who turns age 70, of war. claims against the fund under paragraph (4) the amount of insurance of such veteran for amounts in excess of amounts credited to TITLE VII—BURIAL AND MEMORIAL under this section after the date such vet- such fund under that paragraph (after such MATTERS eran turns age 70 shall be the amount equal administrative costs have been paid) shall be Sec. 701. Supplemental benefits for veterans to 20 percent of the amount of insurance of paid from appropriations to the fund’’. for funeral and burial expenses. the veteran under this section as of the day SEC. 103. MODIFICATION OF SERVICEMEMBERS’ before such date. Sec. 702. Supplemental plot allowances. GROUP LIFE INSURANCE COVERAGE. ‘‘(e) PREMIUMS.—(1) Premium rates for in- (a) EXPANSION OF SERVICEMEMBERS’ GROUP TITLE VIII—OTHER MATTERS surance under this section shall be based on LIFE INSURANCE TO INCLUDE CERTAIN MEM- Sec. 801. Eligibility of disabled veterans and the 2001 Commissioners Standard Ordinary BERS OF INDIVIDUAL READY RESERVE.— members of the Armed Forces Basic Table of Mortality and interest at the (1) IN GENERAL.—Paragraph (1)(C) of sec- with severe burn injuries for rate of 4.5 per centum per annum. tion 1967(a) is amended by striking ‘‘section ‘‘(2) The amount of the premium charged a automobiles and adaptive 1965(5)(B) of this title’’ and inserting ‘‘sub- veteran for insurance under this section may equipment. paragraph (B) or (C) of section 1965(5) of this not increase while such insurance is in force title’’. Sec. 802. Supplemental assistance for pro- for such veteran. (2) CONFORMING AMENDMENT.—Paragraph viding automobiles or other ‘‘(3) The Secretary may not charge a pre- (5)(C) of such section 1967(a) is amended by conveyances to certain disabled mium for insurance under this section for a striking ‘‘section 1965(5)(B) of this title’’ and veterans. veteran as follows: inserting ‘‘subparagraph (B) or (C) of section Sec. 803. Clarification of purpose of the out- ‘‘(A) A veteran who has a service-con- 1965(5) of this title’’. reach services program of the nected disability rated as total and is eligi- (b) REDUCTION IN PERIOD OF COVERAGE FOR Department of Veterans Af- ble for a waiver of premiums under section fairs. DEPENDENTS AFTER MEMBER SEPARATES.— 1912 of this title. Section 1968(a)(5)(B)(ii) is amended by strik- Sec. 804. Termination or suspension of con- ‘‘(B) A veteran who is 70 years of age or ing ‘‘120 days after’’. tracts for cellular telephone older. service for servicemembers un- ‘‘(4) Insurance granted under this section SEC. 104. SUPPLEMENTAL INSURANCE FOR TO- TALLY DISABLED VETERANS. dergoing deployment outside shall be on a nonparticipating basis and all (a) IN GENERAL.—Section 1922A(a) is premiums and other collections therefor the United States. amended by striking ‘‘$20,000’’ and inserting shall be credited directly to a revolving fund Sec. 805. Maintenance, management, and ‘‘$30,000’’. in the Treasury of the United States, and availability for research of as- (b) EFFECTIVE DATE.—The amendment sets of Air Force Health Study. any payments on such insurance shall be made by subsection (a) shall take effect on Sec. 806. National Academies study on risk made directly from such fund. Appropria- January 1, 2009. of developing multiple sclerosis tions to such fund are hereby authorized. ‘‘(5) Administrative costs to the Govern- SEC. 105. EXPANSION OF INDIVIDUALS QUALI- as a result of certain service in FYING FOR RETROACTIVE BENEFITS the Persian Gulf War and Post ment for the costs of the program of insur- FROM TRAUMATIC INJURY PROTEC- 9/11 Global Operations theaters. ance under this section shall be paid from TION COVERAGE UNDER premiums credited to the fund under para- Sec. 807. Comptroller General report on ade- SERVICEMEMBERS’ GROUP LIFE IN- graph (4), and payments for claims against SURANCE. quacy of dependency and in- the fund under paragraph (4) for amounts in (a) IN GENERAL.—Paragraph (1) of section demnity compensation to main- excess of amounts credited to such fund 501(b) of the Veterans’ Housing Opportunity tain survivors of veterans who under that paragraph (after such administra- and Benefits Improvement Act of 2006 (Pub- die from service-connected dis- tive costs have been paid) shall be paid from lic Law 109–233; 120 Stat. 414; 38 U.S.C. 1980A abilities. appropriations to the fund. note) is amended by striking ‘‘, if, as deter- SEC. 2. REFERENCE TO TITLE 38, UNITED STATES ‘‘(f) APPLICATION REQUIRED.—An eligible mined by the Secretary concerned, that loss CODE. veteran seeking insurance under this section was a direct result of a traumatic injury in- Except as otherwise expressly provided, shall file with the Secretary an application curred in the theater of operations for Oper- whenever in this Act an amendment or re- therefor. Such application shall be filed not ation Enduring Freedom or Operation Iraqi peal is expressed in terms of an amendment later than the earlier of— Freedom’’. to, or repeal of, a section or other provision, ‘‘(1) the end of the two-year period begin- (b) CONFORMING AMENDMENT.—The heading the reference shall be considered to be made ning on the date on which the Secretary no- of such section is amended by striking ‘‘IN to a section or other provision of title 38, tifies the veteran that the veteran has a OPERATION ENDURING FREEDOM AND OPER- United States Code. service-connected disability; and ATION IRAQI FREEDOM’’.

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\BR08\S24AP8.000 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 6821

(c) EFFECTIVE DATE.—The amendments ‘‘(d)(1) In the case of a member of the (A) by striking subsection (c); and made by this section shall take effect on Armed Forces who, as determined by the (B) by redesignating subsection (d) as sub- January 1, 2009. Secretary, has a disability permanent in na- section (c). SEC. 106. CONSIDERATION OF LOSS DOMINANT ture incurred or aggravated in the line of (2) LIMITATIONS ON ASSISTANCE.—Section HAND IN PRESCRIPTION OF SCHED- duty in the active military, naval, or air 2102 is amended— ULE OF SEVERITY OF TRAUMATIC service, the Secretary may furnish improve- (A) in subsection (a)— INJURY UNDER SERVICEMEMBERS’ ments and structural alterations for such (i) by striking ‘‘veteran’’ each place it ap- GROUP LIFE INSURANCE. member for such disability or as otherwise pears and inserting ‘‘individual’’; and (a) IN GENERAL.—Section 1980A(d) is described in subsection (a)(2) while such (ii) in paragraph (3), by striking ‘‘vet- amended— member is hospitalized or receiving out- eran’s’’ and inserting ‘‘individual’s’’; (1) by striking ‘‘Payments under’’ and in- patient medical care, services, or treatment (B) in subsection (b)(1), by striking ‘‘a vet- serting ‘‘(1) Payments under’’; and for such disability if the Secretary deter- eran’’ and inserting ‘‘an individual’’; (2) by adding at the end the following new mines that such member is likely to be dis- (C) in subsection (c)— paragraph: charged or released from the Armed Forces (i) by striking ‘‘a veteran’’ and inserting ‘‘(2) As the Secretary considers appro- for such disability. ‘‘an individual’’; and priate, the schedule required by paragraph ‘‘(2) The furnishing of improvements and (ii) by striking ‘‘the veteran’’ each place it (1) may distinguish in specifying payments alterations under paragraph (1) in connec- appears and inserting ‘‘the individual’’; and for qualifying losses between the severity of tion with the furnishing of medical services (D) in subsection (d), by striking ‘‘a vet- a qualifying loss of a dominant hand and a described in subparagraph (A) or (B) of sub- eran’’ each place it appears and inserting qualifying loss of a non-dominant hand.’’. section (a)(2) shall be subject to the limita- ‘‘an individual’’. (b) PAYMENTS FOR QUALIFYING LOSSES IN- tion specified in the applicable subpara- (3) ASSISTANCE FOR INDIVIDUALS TEMPO- CURRED BEFORE DATE OF ENACTMENT.— graph.’’. RARILY RESIDING IN HOUSING OF FAMILY MEM- (1) IN GENERAL.—The Secretary of Veterans SEC. 202. ELIGIBILITY FOR SPECIALLY ADAPTED BER.—Section 2102A is amended— Affairs shall prescribe in regulations mecha- HOUSING BENEFITS AND ASSIST- (A) by striking ‘‘veteran’’ each place it ap- nisms for payments under section 1980A of ANCE FOR MEMBERS OF THE ARMED pears (other than in subsection (b)) and in- title 38, United States Code, for qualifying FORCES WITH SERVICE-CONNECTED serting ‘‘individual’’; losses incurred before the date of the enact- DISABILITIES AND INDIVIDUALS RE- SIDING OUTSIDE THE UNITED (B) in subsection (a), by striking ‘‘vet- ment of this Act by reason of the require- eran’s’’ each place it appears and inserting ments of paragraph (2) of subsection (d) of STATES. (a) ELIGIBILITY.—Chapter 21 is amended by ‘‘individual’s’’; and such section (as amended by subsection (a)(2) (C) in subsection (b), by striking ‘‘a vet- of this section). inserting after section 2101 the following new section: eran’’ each place it appears and inserting (2) QUALIFYING LOSS DEFINED.—In this sub- ‘‘an individual’’. section, the term ‘‘qualifying loss’’ means— ‘‘§ 2101A. Eligibility for benefits and assist- (4) FURNISHING OF PLANS AND SPECIFICA- (A) a loss specified in the second sentence ance: members of the Armed Forces with TIONS.—Section 2103 is amended by striking of subsection (b)(1) of section 1980A of title service-connected disabilities; individuals residing outside the United States ‘‘veterans’’ both places it appears and insert- 38, United States Code; and ing ‘‘individuals’’. (B) any other loss specified by the Sec- ‘‘(a) MEMBERS WITH SERVICE-CONNECTED (5) CONSTRUCTION OF BENEFITS.—Section DISABILITIES.—(1) The Secretary may provide retary of Veterans Affairs pursuant to the 2104 is amended— assistance under this chapter to a member of first sentence of that subsection. (A) in subsection (a), by striking ‘‘veteran’’ the Armed Forces serving on active duty SEC. 107. DESIGNATION OF FIDUCIARY FOR each place it appears and inserting ‘‘indi- who is suffering from a disability that meets TRAUMATIC INJURY PROTECTION vidual’’; and COVERAGE UNDER applicable criteria for benefits under this (B) in subsection (b)— SERVICEMEMBERS’ GROUP LIFE IN- chapter if the disability is incurred or aggra- (i) in the first sentence, by striking ‘‘A vet- SURANCE IN CASE OF LOST MENTAL vated in line of duty in the active military, eran’’ and inserting ‘‘An individual’’; CAPACITY OR EXTENDED LOSS OF naval, or air service. Such assistance shall be CONSCIOUSNESS. (ii) in the second sentence, by striking ‘‘a provided to the same extent as assistance is (a) IN GENERAL.—The Secretary of Defense veteran’’ and inserting ‘‘an individual’’; and provided under this chapter to veterans eligi- shall, in consultation with the Secretary of (iii) by striking ‘‘such veteran’’ each place ble for assistance under this chapter and sub- Veterans Affairs, develop a form for the des- it appears and inserting ‘‘such individual’’. ject to the same requirements as veterans ignation of a recipient for the funds distrib- (6) VETERANS’ MORTGAGE LIFE INSURANCE.— under this chapter. uted under section 1980A of title 38, United ‘‘(2) For purposes of this chapter, any ref- Section 2106 is amended— States Code, as the fiduciary of a member of erence to a veteran or eligible individual (A) in subsection (a)— the Armed Forces in cases where the member shall be treated as a reference to a member (i) by striking ‘‘any eligible veteran’’ and is mentally incapacitated (as determined by of the Armed Forces described in subsection inserting ‘‘any eligible individual’’; and the Secretary of Defense in consultation (a) who is similarly situated to the veteran (ii) by striking ‘‘the veterans’ ’’ and insert- with the Secretary of Veterans Affairs) or or other eligible individual so referred to. ing ‘‘the individual’s’’; experiencing an extended loss of conscious- ‘‘(b) BENEFITS AND ASSISTANCE FOR INDIVID- (B) in subsection (b), by striking ‘‘an eligi- ness. UALS RESIDING OUTSIDE THE UNITED ble veteran’’ and inserting ‘‘an eligible indi- (b) ELEMENTS.—The form under subsection STATES.—(1) Subject to paragraph (2), the vidual’’; (a) shall require that a member may elect Secretary may, at the Secretary’s discretion, (C) in subsection (e), by striking ‘‘an eligi- that— provide benefits and assistance under this ble veteran’’ and inserting ‘‘an individual’’; (1) an individual designated by the member chapter (other than benefits under section (D) in subsection (h), by striking ‘‘each be the recipient as the fiduciary of the mem- 2106 of this title) to any individual otherwise veteran’’ and inserting ‘‘each individual’’; ber; or eligible for such benefits and assistance who (E) in subsection (i), by striking ‘‘the vet- (2) a court of proper jurisdiction determine resides outside the United States. eran’s’’ each place it appears and inserting the recipient as the fiduciary of the member ‘‘(2) The Secretary may provide benefits ‘‘the individual’s’’; for purposes of this subsection. and assistance to an individual under para- (F) by striking ‘‘the veteran’’ each place it (c) COMPLETION AND UPDATE.—The form graph (1) only if— appears and inserting ‘‘the individual’’; and under subsection (a) shall be completed by ‘‘(A) the country or political subdivision in (G) by striking ‘‘a veteran’’ each place it an individual at the time of entry into the which the housing or residence involved is or appears and inserting ‘‘an individual’’. Armed Forces and updated periodically will be located permits the individual to (7) HEADING AMENDMENTS.—(A) The heading thereafter. have or acquire a beneficial property inter- of section 2101 is amended to read as follows: SEC. 108. ENHANCEMENT OF VETERANS’ MORT- est (as determined by the Secretary) in such ‘‘§ 2101. Acquisition and adaptation of hous- GAGE LIFE INSURANCE. housing or residence; and ing: eligible veterans’’. Section 2106(b) is amended by striking ‘‘(B) the individual has or will acquire a (B) The heading of section 2102A is amend- ‘‘$90,000’’ and inserting ‘‘$150,000, or $200,000 beneficial property interest (as so deter- ed to read as follows: after January 1, 2012,’’. mined) in such housing or residence. ‘‘§ 2102A. Assistance for individuals residing TITLE II—HOUSING MATTERS ‘‘(c) REGULATIONS.—Benefits and assistance under this chapter by reason of this section temporarily in housing owned by a family SEC. 201. HOME IMPROVEMENTS AND STRUC- member’’. TURAL ALTERATIONS FOR TOTALLY shall be provided in accordance with such DISABLED MEMBERS OF THE ARMED regulations as the Secretary may pre- (8) CLERICAL AMENDMENTS.—The table of FORCES BEFORE DISCHARGE OR RE- scribe.’’. sections at the beginning of chapter 21 is LEASE FROM THE ARMED FORCES. (b) CONFORMING AMENDMENTS.— amended— Section 1717 is amended by adding at the (1) REPEAL OF SUPERSEDED AUTHORITY.— (A) by striking the item relating to section end the following new subsection: Section 2101 is amended— 2101 and inserting the following new item:

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\BR08\S24AP8.000 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6822 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 April 24, 2008

‘‘2101. Acquisition and adaptation of housing: ‘‘(A) the payment which would be deter- (d) EFFECTIVE DATE.—The amendments eligible veterans.’’; mined under section 2102(b) of this title, and made by this section shall take effect on Oc- (B) by inserting after the item relating to 2102A of this title if applicable, if the amount tober 1, 2008, and shall apply with respect to section 2101, as so amended, the following described in section 2102(b)(2) of this title payments made in accordance with section new item: and section 2102(d)(2) of this title were in- 2102 of title 38, United States Code, on or after that date. ‘‘2101A. Eligibility for benefits and assist- creased to the adjusted amount described in ance: members of the Armed subsection (c)(2), over SEC. 206. REPORT ON SPECIALLY ADAPTED ‘‘(B) the payment determined without re- HOUSING FOR DISABLED INDIVID- Forces with service-connected UALS. disabilities; individuals resid- gard to this section. ‘‘(c) ADJUSTED AMOUNT.—(1) In the case of (a) IN GENERAL.—Not later than December ing outside the United States.’’; a payment made in accordance with section 31, 2009, the Secretary of Veterans Affairs and 2102(a) of this title, the adjusted amount is shall submit to the Committee on Veterans’ (C) by striking the item relating to section $60,000 (as adjusted from time to time under Affairs of the Senate and the Committee on 2102A and inserting the following new item: subsection (d)). Veterans’ Affairs of the House of Representa- ‘‘2102A. Assistance for individuals residing ‘‘(2) In the case of a payment made in ac- tives a report that contains an assessment of temporarily in housing owned cordance with section 2102(b) of this title, the adequacy of the authorities available to by a family member.’’. the adjusted amount is $12,000 (as adjusted the Secretary under law to assist eligible SEC. 203. SPECIALLY ADAPTED HOUSING ASSIST- from time to time under subsection (d)). disabled individuals in acquiring— ANCE FOR INDIVIDUALS WITH SE- ‘‘(d) ADJUSTMENT.—(1) Effective on October (1) suitable housing units with special fix- VERE BURN INJURIES. 1 of each year (beginning in 2008), the Sec- tures or movable facilities required for their Section 2101 is amended— retary shall increase the adjusted amounts disabilities, and necessary land therefor; (1) in subsection (a)(2), by adding at the described in subsection (c) in accordance (2) such adaptations to their residences as end the following new subparagraph: with this subsection. are reasonably necessary because of their ‘‘(E) The disability is due to a severe burn ‘‘(2) The increase in amounts under para- disabilities; and injury (as determined pursuant to regula- graph (1) to take effect on October 1 of any (3) residences already adapted with special tions prescribed by the Secretary).’’; and year shall be the percentage by which (A) the features determined by the Secretary to be (2) in subsection (b)(2)— residential home cost-of-construction index reasonably necessary as a result of their dis- (A) by striking ‘‘either’’ and inserting for the preceding calendar year exceeds (B) abilities. ‘‘any’’; and the residential home cost-of-construction (b) FOCUS ON PARTICULAR DISABILITIES.— (B) by adding at the end the following new index for the year preceding that year. The report required by subsection (a) shall subparagraph: ‘‘(3) The Secretary shall establish a resi- set forth a specific assessment of the needs ‘‘(C) The disability is due to a severe burn dential home cost-of-construction index for of— injury (as so determined).’’. the purposes of this subsection. The index (1) veterans who have disabilities that are shall reflect a uniform, national average in- SEC. 204. EXTENSION OF ASSISTANCE FOR INDI- not described in subsections (a)(2) and (b)(2) VIDUALS RESIDING TEMPORARILY crease in the cost of residential home con- of section 2101 of title 38, United States Code; IN HOUSING OWNED BY A FAMILY struction, determined on a calendar year and MEMBER. basis. The Secretary may use an index devel- (2) other disabled individuals eligible for Section 2102A(e) is amended by striking oped in the private sector that the Secretary specially adapted housing under chapter 21 of ‘‘after the end of the five-year period that determines is appropriate for purposes of such title by reason of section 2101A of such begins on the date of the enactment of the this subsection. title (as added by section 202(a) of this Act) Veterans’ Housing Opportunity and Benefits ‘‘(e) ESTIMATES.—(1) From time to time, who have disabilities that are not described Improvement Act of 2006’’ and inserting the Secretary shall make an estimate of— in such subsections. ‘‘(A) the amount of funding that would be ‘‘after December 31, 2011’’. SEC. 207. REPORT ON SPECIALLY ADAPTED SEC. 205. SUPPLEMENTAL SPECIALLY ADAPTED necessary to provide supplemental assist- HOUSING ASSISTANCE FOR INDIVID- HOUSING BENEFITS FOR DISABLED ance under this section to all eligible recipi- UALS WHO RESIDE IN HOUSING VETERANS. ents for the remainder of the fiscal year in OWNED BY A FAMILY MEMBER ON (a) IN GENERAL.—Chapter 21 is amended by which such an estimate is made; and PERMANENT BASIS. inserting after section 2102A the following ‘‘(B) the amount that Congress would need Not later than December 31, 2009, the Sec- new section: to appropriate to provide all eligible recipi- retary of Veterans Affairs shall submit to ‘‘§ 2102B. Supplemental assistance ents with supplemental assistance under this the Committee on Veterans’ Affairs of the ‘‘(a) IN GENERAL.—(1) Subject to the avail- section in the next fiscal year. Senate and the Committee on Veterans’ Af- ability of funds specifically provided for pur- ‘‘(2) On the dates described in paragraph fairs of the House of Representatives a re- poses of this subsection in advance in an ap- (3), the Secretary shall submit to the appro- port on the advisability of providing assist- propriations Act, whenever the Secretary priate committees of Congress the estimates ance under section 2102A of title 38, United makes a payment in accordance with section described in paragraph (1). States Code, to veterans described in sub- 2102 of this title to an individual authorized ‘‘(3) The dates described in this paragraph section (a) of such section, and to members to receive such assistance under section 2101 are the following: of the Armed Forces covered by such section of this title for the acquisition of housing ‘‘(A) April 1 of each year. 2102A by reason of section 2101A of title 38, with special features or for special adapta- ‘‘(B) July 1 of each year. United States Code (as added by section tions to a residence, the Secretary is also au- ‘‘(C) September 1 of each year. 202(a) of this Act), who reside with family thorized and directed to pay such individual ‘‘(D) The date that is 60 days before the members on a permanent basis. supplemental assistance under this section date estimated by the Secretary on which TITLE III—LABOR AND EDUCATION for such acquisition or adaptation. amounts appropriated for the purposes of MATTERS this section for a fiscal year will be ex- ‘‘(2) No supplemental assistance payment SEC. 301. COORDINATION OF APPROVAL ACTIVI- shall be made under this subsection if the hausted. TIES IN THE ADMINISTRATION OF Secretary has expended all funds that were ‘‘(f) APPROPRIATE COMMITTEES OF CONGRESS EDUCATION BENEFITS. specifically provided for purposes of this sub- DEFINED.—In this section, the term ‘appro- (a) COORDINATION.— section in an appropriations Act. priate committees of Congress’ means— (1) IN GENERAL.—Section 3673 is amended— ‘‘(b) AMOUNT OF SUPPLEMENTAL ASSIST- ‘‘(1) the Committee on Appropriations and (A) by redesignating subsection (b) as sub- ANCE.—(1) In the case of a payment made in the Committee on Veterans’ Affairs of the section (c); and accordance with section 2102(a) of this title, Senate; and (B) by inserting after subsection (a) the supplemental assistance required by sub- ‘‘(2) the Committee on Appropriations and following new subsection (b): section (a) is equal to the excess of— the Committee on Veterans’ Affairs of the ‘‘(b) COORDINATION OF ACTIVITIES.—The ‘‘(A) the payment which would be deter- House of Representatives.’’. Secretary shall take appropriate actions to mined under section 2102(a) of this title, and (b) CLERICAL AMENDMENT.—The table of ensure the coordination of approval activi- 2102A of this title if applicable, if the amount sections at the beginning of such chapter is ties performed by State approving agencies described in section 2102(d)(1) of this title amended by inserting after the item related under this chapter and chapters 34 and 35 of were increased to the adjusted amount de- to section 2102A the following new item: this title and approval activities performed scribed in subsection (c)(1), over ‘‘2102B. Supplemental assistance.’’. by the Department of Labor, the Department ‘‘(B) the payment determined without re- (c) AUTHORIZATION OF APPROPRIATIONS.— of Education, and other entities in order to gard to this section. There are authorized to be appropriated to reduce overlap and improve efficiency in the ‘‘(2) In the case of a payment made in ac- the Secretary of Veterans Affairs such sums performance of such activities.’’. cordance with section 2102(b) of this title, as may be necessary to carry out the provi- (2) CONFORMING AND CLERICAL AMEND- supplemental assistance required by sub- sions of section 2102B of title 38, United MENTS.—(A) The heading of such section is section (a) is equal to the excess of— States Code (as added by subsection (a)). amended to read as follows:

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\BR08\S24AP8.000 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 6823

‘‘§ 3673. Approval activities: cooperation and (B) by striking ‘‘the Vietnam theater of op- THE UNITED STATES.—(1) Any pension pro- coordination of activities’’. erations’’ and inserting ‘‘the Post 9/11 Global vided under subchapter II or III of chapter 15 Operations theaters’’. of this title to an individual described in (B) The table of sections at the beginning (b) DEFINITIONS.—Such section is further paragraph (2) shall be made only as specified of chapter 36 is amended by striking the item amended by adding at the end the following in section 1514 of this title. relating to section 3673 and inserting the fol- new subsection: ‘‘(2) An individual described in this para- lowing new item: ‘‘(c) In this section: graph is an individual who resides outside ‘‘3673. Approval activities: cooperation and ‘‘(1) The term ‘Post 9/11 Global Operations the United States and is entitled to a pen- coordination of activities.’’. period’ means the period of the Persian Gulf sion provided under subchapter II or III of (3) STYLISTIC AMENDMENTS.—Such section War beginning on September 11, 2001, and chapter 15 of this title based on service de- is further amended— ending on the date thereafter prescribed by scribed in subsection (b). (A) in subsection (a), by inserting ‘‘CO- Presidential proclamation or law. ‘‘(e) UNITED STATES DEFINED.—In this sec- OPERATION IN ACTIVITIES.—’’ after ‘‘(a)’’; and ‘‘(2) The term ‘Post 9/11 Global Operations tion, the term ‘United States’ means the (B) in subsection (c), as redesignated by theaters’ means Afghanistan, Iraq, or any States, the District of Columbia, Puerto paragraph (1)(A) of this subsection, by in- other theater in which the Global War on Rico, Guam, American Samoa, the Virgin Is- serting ‘‘AVAILABILITY OF INFORMATION MA- Terrorism Expeditionary Medal is awarded lands, the Commonwealth of the Northern TERIAL.—’’ after ‘‘(c)’’. for service.’’. Mariana Islands, and any other possession or (b) REPORT.—Not later than 120 days after SEC. 305. EXTENSION OF INCREASE IN BENEFIT territory of the United States.’’. the date of the enactment of this Act, the FOR INDIVIDUALS PURSUING AP- (2) CLERICAL AMENDMENT.—The table of Secretary of Veterans Affairs shall submit to PRENTICESHIP OR ON-JOB TRAIN- sections at the beginning of chapter 1 is the Committee on Veterans’ Affairs of the ING. amended by striking the item related to sec- Senate and the Committee on Veterans’ Af- Section 103 of the Veterans Benefits Im- tion 107 and inserting the following new fairs of the House of Representatives a re- provement Act of 2004 (Public Law 108–454; item: 118 Stat. 3600) is amended by striking ‘‘2008’’ port setting forth the following: ‘‘107. Certain service with Philippine forces each place it appears and inserting ‘‘2010’’. (1) The actions taken to establish outcome- deemed to be active service.’’. oriented performance standards for State ap- The amendment made by the preceding sen- proving agencies created or designated under tence shall take effect on October 1, 2008, and (3) EFFECTIVE DATE.—The amendment section 3671 of title 38, United States Code, shall expire on January 1, 2010. made by this subsection shall apply with re- spect to the payment or provision of benefits including a description of any plans for, and TITLE IV—FILIPINO WORLD WAR II on or after April 1, 2009. No benefits are pay- the status of the implementation of, such VETERANS MATTERS standards as part of the evaluations of State able or are required to be provided by reason SEC. 401. EXPANSION OF ELIGIBILITY FOR BENE- approving agencies required by section 3674A of such amendment for any period before FITS PROVIDED BY DEPARTMENT OF such date. of title 38, United States Code. VETERANS AFFAIRS FOR CERTAIN ENSION AND EATH ENSION FOR ER (2) The actions taken to implement a SERVICE IN THE ORGANIZED MILI- (b) P D P C - tracking and reporting system for resources TARY FORCES OF THE COMMON- TAIN SERVICE.— expended for approval and outreach activi- WEALTH OF THE PHILIPPINES AND (1) IN GENERAL.—Subchapter II of chapter ties by such agencies. THE PHILIPPINE SCOUTS. 15 is amended by adding at the end the fol- (3) Any recommendations for legislative (a) MODIFICATION OF STATUS OF CERTAIN lowing new section: action that the Secretary considers appro- SERVICE.— ‘‘§ 1514. Certain recipients residing outside priate to achieve the complete implementa- (1) IN GENERAL.—Section 107 is amended to the United States read as follows: tion of the standards described in paragraph ‘‘(a) SPECIAL RATES FOR PENSION BENEFITS (1). ‘‘§ 107. Certain service with Philippine forces FOR INDIVIDUALS SERVING WITH PHILIPPINE SEC. 302. MODIFICATION OF RATE OF REIM- deemed to be active service FORCES AND SURVIVORS.—(1) Payment under BURSEMENT OF STATE AND LOCAL ‘‘(a) IN GENERAL.—Service described in sub- this subchapter to an individual who resides AGENCIES ADMINISTERING VET- section (b) shall be deemed to have been ac- outside the United States and is eligible for ERANS EDUCATION BENEFITS. tive military, naval, or air service for pur- such payment because of service described in Section 3674(a)(4) is amended by striking poses of any law of the United States confer- section 107(b) of this title shall be made as ‘‘$13,000,000’’ and all that follows through ring rights, privileges, or benefits upon any follows: ‘‘fiscal year 2007,’’. individual by reason of the service of such ‘‘(A) For such an individual who is mar- SEC. 303. WAIVER OF RESIDENCY REQUIREMENT individual or the service of any other indi- ried, at a rate of $4,500 per year (as increased FOR DIRECTORS FOR VETERANS’ vidual in the Armed Forces. from time to time under section 5312 of this EMPLOYMENT AND TRAINING. ‘‘(b) SERVICE DESCRIBED.—Service de- title). Section 4103(a)(2) is amended— scribed in this subsection is service— ‘‘(B) For such an individual who is not (1) by inserting ‘‘(A)’’ after ‘‘(2)’’; and ‘‘(1) before July 1, 1946, in the organized married, at a rate of $3,600 per year (as in- (2) by adding at the end the following new military forces of the Government of the creased from time to time under section 5312 subparagraph: Commonwealth of the Philippines, while of this title). ‘‘(B) The Secretary may waive the require- such forces were in the service of the Armed ‘‘(2) Payment under subchapter III of this ment in subparagraph (A) with respect to a Forces of the United States pursuant to the chapter to an individual who resides outside Director for Veterans’ Employment and military order of the President dated July the United States and is eligible for such Training if the Secretary determines that 26, 1941, including among such military payment because of service described in sec- the waiver is in the public interest. Any such forces organized guerrilla forces under com- tion 107(b) of this title shall be made at a waiver shall be made on a case-by-case manders appointed, designated, or subse- rate of $2,400 per year (as increased from basis.’’. quently recognized by the Commander in time to time under section 5312 of this title). SEC. 304. MODIFICATION OF SPECIAL UNEMPLOY- Chief, Southwest Pacific Area, or other com- ‘‘(3) An individual who is otherwise enti- MENT STUDY TO COVER VETERANS petent authority in the Army of the United tled to benefits under this chapter and re- OF POST 9/11 GLOBAL OPERATIONS. States; or sides outside the United States, and receives (a) MODIFICATION OF STUDY.—Subsection ‘‘(2) in the Philippine Scouts under section or would otherwise be eligible to receive a (a)(1) of section 4110A is amended— 14 of the Armed Forces Voluntary Recruit- monetary benefit from a foreign govern- (1) in the matter before subparagraph (A), ment Act of 1945 (59 Stat. 538). ment, may not receive benefits under this by striking ‘‘a study every two years’’ and ‘‘(c) DEPENDENCY AND INDEMNITY COM- chapter for service described in section 107(b) inserting ‘‘an annual study’’; PENSATION FOR CERTAIN RECIPIENTS RESIDING of this title if receipt of such benefits under (2) by redesignating subparagraph (A) as OUTSIDE THE UNITED STATES.—(1) Depend- this chapter would reduce such monetary subparagraph (F); ency and indemnity compensation provided benefit from such foreign government. (3) by striking subparagraph (B) and insert- under chapter 13 of this title to an individual ‘‘(4) The provisions of sections 1503(a), 1506, ing the following new subparagraphs: described in paragraph (2) shall be made at a 1522, and 1543 of this title shall not apply to ‘‘(A) Veterans who were called to active rate of $0.50 for each dollar authorized. benefits paid under this section. duty while members of the National Guard ‘‘(2) An individual described in this para- ‘‘(b) INDIVIDUALS LIVING OUTSIDE THE or a Reserve Component. graph is an individual who resides outside UNITED STATES ENTITLED TO CERTAIN SOCIAL ‘‘(B) Veterans who served in combat or in the United States and is entitled to depend- SECURITY BENEFITS INELIGIBLE.—An indi- a war zone in the Post 9/11 Global Operations ency and indemnity compensation under vidual residing outside the United States theaters.’’; and chapter 13 of this title based on service de- who is receiving or is eligible to receive ben- (4) in subparagraph (C)— scribed in subsection (b). efits under title VIII of the Social Security (A) by striking ‘‘Vietnam era’’ and insert- ‘‘(d) MODIFIED PENSION AND DEATH PENSION Act (42 U.S.C. 1001 et seq.) may not receive ing ‘‘Post 9/11 Global Operations period’’; and FOR CERTAIN RECIPIENTS RESIDING OUTSIDE benefits under this chapter.

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\BR08\S24AP8.000 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6824 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 April 24, 2008

‘‘(c) UNITED STATES DEFINED.—In this sec- vided in paragraph (2)) receive retired pay as (1) in the first sentence, by inserting ‘‘rea- tion, the term ‘United States’ means the follows: sonable’’ after ‘‘impose a’’; States, the District of Columbia, Puerto ‘‘(i) In the case of a judge who is a recall- (2) in the second sentence, by striking ‘‘, Rico, Guam, American Samoa, the Virgin Is- eligible retired judge under section 7257 of except that such amount may not exceed $30 lands, the Commonwealth of the Northern this title, the retired pay of the judge shall per year’’; and Mariana Islands, and any other possession or (subject to section 7257(d)(2) of this title) be (3) in the third sentence, by inserting ‘‘rea- territory of the United States.’’. the rate of pay applicable to that judge at sonable’’ after ‘‘impose a’’. (2) CLERICAL AMENDMENT.—The table of the time of retirement, as adjusted from SEC. 503. ANNUAL REPORTS ON WORKLOAD OF sections at the beginning of chapter 15 is time to time under subsection (f)(3). UNITED STATES COURT OF APPEALS amended by inserting after the item related ‘‘(ii) In the case of a judge other than a re- FOR VETERANS CLAIMS. to section 1513 the following new item: call-eligible retired judge, the retired pay of (a) IN GENERAL.—Subchapter III of chapter ‘‘1514. Certain recipients residing outside the the judge shall be the rate of pay applicable 72 is amended by adding at the end the fol- United States.’’. to that judge at the time of retirement. lowing new section: ‘‘(B) A judge who retired before the date of (3) FREQUENCY OF PAYMENT.—Section 1508 ‘‘§ 7288. Annual report the enactment of the Veterans’ Benefits En- is amended by inserting ‘‘1514,’’ before hancement Act of 2007 and elected under sub- ‘‘(a) IN GENERAL.—The chief judge of the ‘‘1521,’’ each place it appears. section (d) to receive retired pay under this Court shall submit annually to the appro- (4) ROUNDING DOWN OF RATES.—Section 5123 subsection, or a judge who retires under sub- priate committees of Congress a report sum- is amended by inserting ‘‘1514,’’ before section (b) and elects under subsection (d) to marizing the workload of the Court for the ‘‘1521’’. receive retired pay under this subsection, last fiscal year that ended before the submis- (5) ANNUAL ADJUSTMENT OF BENEFIT shall (except as provided in paragraph (2)) re- sion of such report. Such report shall in- RATES.—Section 5312 is amended— ceive retired pay as follows: clude, with respect to such fiscal year, the (A) in subsection (a), by inserting ‘‘1514,’’ ‘‘(i) In the case of a judge who is a recall- following information: before ‘‘1521,’’ the first place it appears; and eligible retired judge under section 7257 of ‘‘(1) The number of appeals filed. (B) in subsection (c)(1), by inserting ‘‘1514,’’ this title or who was a recall-eligible retired ‘‘(2) The number of petitions filed. before ‘‘1521,’’. judge under that section and was removed ‘‘(3) The number of applications filed under (6) EFFECTIVE DATE.—The amendments from recall status under subsection (b)(4) of section 2412 of title 28. made by paragraphs (1) and (2) shall apply to that section by reason of disability, the re- ‘‘(4) The number and type of dispositions. applications for benefits filed on or after tired pay of the judge shall be the pay of a ‘‘(5) The median time from filing to dis- April 1, 2009. The amendments made by para- judge of the court. position. graphs (3), (4), and (5) shall take effect on ‘‘(ii) In the case of a judge who at the time ‘‘(6) The number of oral arguments. April 1, 2009. of retirement did not provide notice under ‘‘(7) The number and status of pending ap- (c) PENSION AND DEATH PENSION BENEFIT section 7257 of this title of availability for peals and petitions and of applications de- PROTECTION.—Notwithstanding any other service in a recalled status, the retired pay scribed in paragraph (3). provision of law, a veteran with service de- of the judge shall be the rate of pay applica- ‘‘(8) A summary of any service performed scribed in section 107(b) of title 38, United ble to that judge at the time of retirement. by recalled retired judges during the fiscal States Code (as added by subsection (a)), who ‘‘(iii) In the case of a judge who was a re- year. is receiving benefits under a Federal or fed- call-eligible retired judge under section 7257 ‘‘(b) APPROPRIATE COMMITTEES OF CON- erally assisted program as of April 1, 2009, or of this title and was removed from recall sta- GRESS DEFINED.—In this section, the term a survivor of such veteran who is receiving tus under subsection (b)(3) of that section, ‘appropriate committees of Congress’ means such benefits as of that date, may not be re- the retired pay of the judge shall be the pay the Committee on Veterans’ Affairs of the quired to apply for or receive benefits under of the judge at the time of the removal from Senate and the Committee on Veterans’ Af- chapter 15 of such title if the receipt of such recall status.’’. fairs of the House of Representatives.’’. benefits would— (2) COST-OF-LIVING ADJUSTMENT FOR RE- (b) CLERICAL AMENDMENT.—The table of (1) make such veteran or survivor ineli- TIRED PAY OF NEW JUDGES WHO ARE RECALL- sections at the beginning of chapter 72 is gible for any Federal or federally assisted ELIGIBLE.—Section 7296(f)(3)(A) is amended amended by inserting after the item related program for which such veteran or survivor by striking ‘‘paragraph (2) of subsection (c)’’ to section 7287 the following new item: qualifies; or and inserting ‘‘paragraph (1)(A)(i) or (2) of ‘‘7288. Annual report.’’. (2) reduce the amount of benefit such vet- subsection (c)’’. eran or survivor would receive from any Fed- SEC. 504. REPORT ON EXPANSION OF FACILITIES (3) PAY DURING PERIOD OF RECALL.—Sub- FOR UNITED STATES COURT OF AP- eral or federally assisted program for which section (d) of section 7257 is amended to read such veteran or survivor qualifies. PEALS FOR VETERANS CLAIMS. as follows: (a) FINDINGS.—Congress makes the fol- SEC. 402. ELIGIBILITY OF CHILDREN OF CERTAIN ‘‘(d)(1) The pay of a recall-eligible retired lowing findings: PHILIPPINE VETERANS FOR EDU- judge to whom section 7296(c)(1)(B) of this CATIONAL ASSISTANCE. (1) The United States Court of Appeals for title applies is the pay specified in that sec- (a) IN GENERAL.—Subsection (b) of section Veterans Claims is currently located in the tion. District of Columbia in a commercial office 3565 is amended by striking ‘‘except that—’’ ‘‘(2) A judge who is recalled under this sec- building that is also occupied by other Fed- and all that follows and inserting ‘‘except tion who retired under chapter 83 or 84 of eral tenants. that a reference to a State approving agency title 5 or to whom section 7296(c)(1)(A) of this (2) In February 2006, the General Services shall be deemed to refer to the Secretary.’’. title applies shall be paid, during the period Administration provided Congress with a (b) REPEAL OF OBSOLETE PROVISION.—Such for which the judge serves in recall status, preliminary feasibility analysis of a dedi- section is further amended by striking sub- pay at the rate of pay in effect under section cated Veterans Courthouse and Justice Cen- section (c). 7253(e) of this title for a judge performing ac- ter that would house the Court and other en- TITLE V—COURT MATTERS tive service, less the amount of the judge’s tities that work with the Court. SEC. 501. RECALL OF RETIRED JUDGES OF THE annuity under the applicable provisions of UNITED STATES COURT OF APPEALS chapter 83 or 84 of title 5 or the judge’s annu- (3) In February 2007, the Court notified FOR VETERANS CLAIMS. ity under section 7296(c)(1)(A) of this title, Congress that the ‘‘most cost-effective alter- (a) REPEAL OF LIMIT ON SERVICE OF RE- whichever is applicable.’’. native appears to be leasing substantial addi- tional space in the current location’’, which CALLED RETIRED JUDGES WHO VOLUNTARILY (4) NOTICE.—The last sentence of section SERVE MORE THAN 90 DAYS.—Section 7257(a)(1) is amended to read as follows: would ‘‘require relocating other current gov- 7257(b)(2) is amended by striking ‘‘or for ‘‘Such a notice provided by a retired judge to ernment tenants’’ from that building. more than a total of 180 days (or the equiva- whom section 7296(c)(1)(B) of this title ap- (4) The February 2006 feasibility report of lent) during any calendar year’’. plies is irrevocable.’’. the General Services Administration does (b) NEW JUDGES RECALLED AFTER RETIRE- (c) LIMITATION ON INVOLUNTARY RECALLS.— not include an analysis of whether it would MENT RECEIVE PAY OF CURRENT JUDGES ONLY Section 7257(b)(3) is amended by adding at be feasible or desirable to locate a Veterans DURING PERIOD OF RECALL.— the end the following new sentence: ‘‘This Courthouse and Justice Center at the cur- (1) IN GENERAL.—Section 7296(c) is amended paragraph shall not apply to a judge to rent location of the Court. by striking paragraph (1) and inserting the whom section 7296(c)(1)(A) or 7296(c)(1)(B) of (b) SENSE OF CONGRESS.—It is the sense of following new paragraph: this title applies and who has, in the aggre- Congress that— ‘‘(1)(A) A judge who is appointed on or gate, served at least five years of recalled (1) the United States Court of Appeals for after the date of the enactment of the Vet- service on the Court under this section.’’. Veterans Claims should be provided with ap- erans’ Benefits Enhancement Act of 2007 and SEC. 502. ADDITIONAL DISCRETION IN IMPOSI- propriate office space to meet its needs, as who retires under subsection (b) and elects TION OF PRACTICE AND REGISTRA- well as to provide the image, security, and under subsection (d) to receive retired pay TION FEES. stature befitting a court that provides jus- under this subsection shall (except as pro- Section 7285(a) is amended— tice to the veterans of the United States; and

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\BR08\S24AP8.000 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 6825 (2) in providing that space, Congress should SEC. 603. CLARIFICATION OF ELIGIBILITY OF ‘‘(3) The dates described in this paragraph avoid undue disruption, inconvenience, or VETERANS 65 YEARS OF AGE OR are the following: cost to other Federal entities. OLDER FOR SERVICE PENSION FOR ‘‘(A) April 1 of each year. A PERIOD OF WAR. ‘‘(B) July 1 of each year. (c) REPORT.— Section 1513 is amended— ‘‘(C) September 1 of each year. (1) IN GENERAL.—Not later than 180 days (1) in subsection (a), by striking ‘‘by sec- ‘‘(D) The date that is 60 days before the after the date of the enactment of this Act, tion 1521’’ and all that follows and inserting date estimated by the Secretary on which the Administrator of General Services shall ‘‘by subsection (b), (c), (f)(1), (f)(5), or (g) of amounts appropriated for the purposes of submit to the Committee on Veterans’ Af- that section, as the case may be and as in- this section for a fiscal year will be ex- fairs of the Senate and the Committee on creased from time to time under section 5312 hausted. Veterans’ Affairs of the House of Representa- of this title.’’; ‘‘(e) APPROPRIATE COMMITTEES OF CON- tives a report on the feasibility of— (2) by redesignating subsection (b) as sub- (A) leasing additional space for the United GRESS DEFINED.—In this section, the term section (c); and ‘appropriate committees of Congress’ States Court of Appeals for Veterans Claims (3) by inserting after subsection (a) the fol- within the building where the Court was lo- means— lowing new subsection (b): ‘‘(1) the Committee on Appropriations and cated on the date of the enactment of this ‘‘(b) The conditions in subsections (h) and the Committee on Veterans’ Affairs of the Act; and (i) of section 1521 of this title shall apply to Senate; and (B) using the entirety of such building as a determinations of income and maximum ‘‘(2) the Committee on Appropriations and Veterans Courthouse and Justice Center. payments of pension for purposes of this sec- the Committee on Veterans’ Affairs of the (2) CONTENTS.—The report required by tion.’’. House of Representatives.’’. paragraph (1) shall include a detailed anal- TITLE VII—BURIAL AND MEMORIAL ysis of the following: (2) CLERICAL AMENDMENT.—The table of MATTERS sections at the beginning of such chapter is (A) The impact that the matter analyzed SEC. 701. SUPPLEMENTAL BENEFITS FOR VET- in accordance with paragraph (1) would have amended by inserting after the item related ERANS FOR FUNERAL AND BURIAL to section 2302 the following new item: on Federal tenants of the building used by EXPENSES. the Court. (a) FUNERAL EXPENSES.— ‘‘2302A. Funeral expenses: supplemental ben- (B) Whether it would be feasible to relo- (1) IN GENERAL.—Chapter 23 is amended by efits.’’. cate such Federal tenants into office space inserting after section 2302 the following new (3) AUTHORIZATION OF APPROPRIATIONS.— that offers similar or preferable cost, con- section: There are authorized to be appropriated to the Secretary of Veterans Affairs such sums venience, and usable square footage. ‘‘§ 2302A. Funeral expenses: supplemental as may be necessary to carry out the provi- (C) If relocation of such Federal tenants is benefits found to be feasible and desirable, an anal- sions of section 2302A of title 38, United ysis of what steps should be taken to convert ‘‘(a) IN GENERAL.—(1) Subject to the avail- States Code (as added by this subsection). the building into a Veterans Courthouse and ability of funds specifically provided for pur- (b) DEATH FROM SERVICE-CONNECTED DIS- Justice Center and a timeline for such con- poses of this subsection in advance in an ap- ABILITY.— propriations Act, whenever the Secretary version. (1) IN GENERAL.—Chapter 23 is amended by makes a payment for the burial and funeral (3) COMMENT PERIOD.—The Administrator inserting after section 2307 the following new of a veteran under section 2302(a) of this shall provide an opportunity to such Federal section: title, the Secretary is also authorized and di- tenants— ‘‘§ 2307A. Death from service-connected dis- rected to pay the recipient of such payment ability: supplemental benefits for burial (A) before the completion of the report re- a supplemental payment under this section and funeral expenses quired by paragraph (1), to comment on the for the cost of such burial and funeral. subject of the report required by such para- ‘‘(2) No supplemental payment shall be ‘‘(a) IN GENERAL.—(1) Subject to the avail- graph; and made under this subsection if the Secretary ability of funds specifically provided for pur- (B) before the Administrator submits the has expended all funds that were specifically poses of this subsection in advance in an ap- report required by paragraph (1) to the con- provided for purposes of this subsection in an propriations Act, whenever the Secretary gressional committees specified in such appropriations Act. makes a payment for the burial and funeral paragraph, to comment on a draft of such re- ‘‘(b) AMOUNT.—The amount of the supple- of a veteran under section 2307(1) of this port. mental payment required by subsection (a) title, the Secretary is also authorized and di- for any death is $900 (as adjusted from time rected to pay the recipient of such payment TITLE VI—COMPENSATION AND PENSION to time under subsection (c)). a supplemental payment under this section MATTERS ‘‘(c) ADJUSTMENT.—With respect to deaths for the cost of such burial and funeral. SEC. 601. ADDITION OF OSTEOPOROSIS TO DIS- that occur in any fiscal year after fiscal year ‘‘(2) No supplemental payment shall be ABILITIES PRESUMED TO BE SERV- 2008, the supplemental payment described in made under this subsection if the Secretary ICE-CONNECTED IN FORMER PRIS- subsection (b) shall be equal to the sum of— has expended all funds that were specifically ONERS OF WAR WITH POST-TRAU- ‘‘(1) the supplemental payment in effect provided for purposes of this subsection in an MATIC STRESS DISORDER. under subsection (b) for the preceding fiscal appropriations Act. Section 1112(b)(2) is amended by adding at year (determined after application of this ‘‘(b) AMOUNT.—The amount of the supple- the end the following new subparagraph: subsection), plus mental payment required by subsection (a) ‘‘(F) Osteoporosis, if the Secretary deter- ‘‘(2) the sum of the amount described in for any death is $2,100 (as adjusted from time mines that the veteran was diagnosed with section 2302(a) of this title and the amount to time under subsection (c)). post-traumatic stress disorder (PTSD).’’. under paragraph (1), multiplied by the per- ‘‘(c) ADJUSTMENT.—With respect to deaths centage by which— that occur in any fiscal year after fiscal year SEC. 602. COST-OF-LIVING INCREASE FOR TEM- ‘‘(A) the Consumer Price Index (all items, 2008, the supplemental payment described in PORARY DEPENDENCY AND INDEM- United States city average) for the 12-month subsection (b) shall be equal to the sum of— NITY COMPENSATION PAYABLE FOR ‘‘(1) the supplemental payment in effect SURVIVING SPOUSES WITH DEPEND- period ending on the June 30 preceding the ENT CHILDREN UNDER THE AGE OF beginning of the fiscal year for which the in- under subsection (b) for the preceding fiscal 18. crease is made, exceeds year (determined after application of this ‘‘(B) such Consumer Price Index for the 12- subsection), plus Section 1311(f) is amended by adding at the ‘‘(2) the sum of the amount described in end the following new paragraph: month period preceding the 12-month period described in subparagraph (A). section 2307(1) of this title and the amount ‘‘(5) Whenever there is an increase in ben- ‘‘(d) ESTIMATES.—(1) From time to time, under paragraph (1), multiplied by the per- efit amounts payable under title II of the So- the Secretary shall make an estimate of— centage by which— cial Security Act (42 U.S.C. 401 et seq.) as a ‘‘(A) the amount of funding that would be ‘‘(A) the Consumer Price Index (all items, result of a determination made under section necessary to provide supplemental payments United States city average) for the 12-month 215(i) of such Act (42 U.S.C. 415(i)), the Sec- under this section to all eligible recipients period ending on the June 30 preceding the retary shall, effective on the date of such in- for the remainder of the fiscal year in which beginning of the fiscal year for which the in- crease in benefit amounts, increase the such an estimate is made; and crease is made, exceeds amount payable under paragraph (1), as such ‘‘(B) the amount that Congress would need ‘‘(B) such Consumer Price Index for the 12- amount was in effect immediately prior to to appropriate to provide all eligible recipi- month period preceding the 12-month period the date of such increase in benefit amounts, ents with supplemental payments under this described in subparagraph (A). by the same percentage as the percentage by section in the next fiscal year. ‘‘(d) ESTIMATES.—(1) From time to time, which such benefit amounts are increased. ‘‘(2) On the dates described in paragraph the Secretary shall make an estimate of— Any increase in a dollar amount under this (3), the Secretary shall submit to the appro- ‘‘(A) the amount of funding that would be paragraph shall be rounded down to the next priate committees of Congress the estimates necessary to provide supplemental payments lower whole dollar amount.’’. described in paragraph (1). under this section to all eligible recipients

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\BR08\S24AP8.000 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6826 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 April 24, 2008 for the remainder of the fiscal year in which ‘‘(2) the sum of the amount described in (1) in the matter preceding paragraph (1), such an estimate is made; and section 2303(a)(1)(A) of this title and the by striking ‘‘chapter—’’ and inserting ‘‘chap- ‘‘(B) the amount that Congress would need amount under paragraph (1), multiplied by ter:’’; to appropriate to provide all eligible recipi- the percentage by which— (2) in paragraph (1)— ents with supplemental payments under this ‘‘(A) the Consumer Price Index (all items, (A) in the matter preceding subparagraph section in the next fiscal year. United States city average) for the 12-month (A), by striking ‘‘means—’’ and inserting ‘‘(2) On the dates described in paragraph period ending on the June 30 preceding the ‘‘means the following:’’; (3), the Secretary shall submit to the appro- beginning of the fiscal year for which the in- (B) in subparagraph (A)— priate committees of Congress the estimates crease is made, exceeds (i) in the matter preceding clause (i), by described in paragraph (1). ‘‘(B) such Consumer Price Index for the 12- striking ‘‘any veteran’’ and inserting ‘‘Any ‘‘(3) The dates described in this paragraph month period preceding the 12-month period veteran’’; are the following: described in subparagraph (A). (ii) in clauses (i) and (ii), by striking the ‘‘(A) April 1 of each year. ‘‘(d) ESTIMATES.—(1) From time to time, semicolon at the end and inserting a period; ‘‘(B) July 1 of each year. the Secretary shall make an estimate of— and ‘‘(C) September 1 of each year. ‘‘(A) the amount of funding that would be (iii) in clause (iii), by striking ‘‘or’’ and in- ‘‘(D) The date that is 60 days before the necessary to provide supplemental plot al- serting a period; and date estimated by the Secretary on which lowance payments under this section to all (C) in subparagraph (B), by striking ‘‘any amounts appropriated for the purposes of eligible recipients for the remainder of the member’’ and inserting ‘‘Any member’’. this section for a fiscal year will be ex- fiscal year in which such an estimate is SEC. 802. SUPPLEMENTAL ASSISTANCE FOR PRO- hausted. made; and VIDING AUTOMOBILES OR OTHER ‘‘(e) APPROPRIATE COMMITTEES OF CON- ‘‘(B) the amount that Congress would need CONVEYANCES TO CERTAIN DIS- GRESS DEFINED.—In this section, the term to appropriate to provide all eligible recipi- ABLED VETERANS. ‘appropriate committees of Congress’ ents with supplemental plot allowance pay- (a) IN GENERAL.—Chapter 39 is amended by means— ments under this section in the next fiscal inserting after section 3902 the following new ‘‘(1) the Committee on Appropriations and year. section: the Committee on Veterans’ Affairs of the ‘‘(2) On the dates described in paragraph Senate; and (3), the Secretary shall submit to the appro- ‘‘§ 3902A. Supplemental assistance for pro- ‘‘(2) the Committee on Appropriations and priate committees of Congress the estimates viding automobiles or other conveyances described in paragraph (1). the Committee on Veterans’ Affairs of the ‘‘(a) IN GENERAL.—(1) Subject to the avail- ‘‘(3) The dates described in this paragraph House of Representatives.’’. ability of funds specifically provided for pur- are the following: (2) CLERICAL AMENDMENT.—The table of poses of this subsection in advance in an ap- ‘‘(A) April 1 of each year. sections at the beginning of such chapter is propriations Act, whenever the Secretary ‘‘(B) July 1 of each year. amended by inserting after the item related makes a payment for the purchase of an ‘‘(C) September 1 of each year. to section 2307 the following new item: automobile or other conveyance for an eligi- ‘‘(D) The date that is 60 days before the ‘‘2307A. Death from service-connected dis- ble person under section 3902 of this title, the date estimated by the Secretary on which ability: supplemental benefits Secretary is also authorized and directed to amounts appropriated for the purposes of for burial and funeral ex- pay the recipient of such payment a supple- this section for a fiscal year will be ex- penses.’’. mental payment under this section for the hausted. (3) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(e) APPROPRIATE COMMITTEES OF CON- cost of such purchase. There are authorized to be appropriated to GRESS DEFINED.—In this section, the term ‘‘(2) No supplemental payment shall be the Secretary of Veterans Affairs such sums ‘appropriate committees of Congress’ made under this subsection if the Secretary as may be necessary to carry out the provi- means— has expended all funds that were specifically sions of section 2307A of title 38, United ‘‘(1) the Committee on Appropriations and provided for purposes of this subsection in an States Code (as added by this subsection). the Committee on Veterans’ Affairs of the appropriations Act. (c) EFFECTIVE DATE.—The amendments Senate; and ‘‘(b) AMOUNT OF SUPPLEMENTAL PAYMENT.— made by this section shall take effect on Oc- ‘‘(2) the Committee on Appropriations and Supplemental payment required by sub- tober 1, 2008, and shall apply with respect to the Committee on Veterans’ Affairs of the section (a) is equal to the excess of— deaths occurring on or after that date. House of Representatives.’’. ‘‘(1) the payment which would be deter- SEC. 702. SUPPLEMENTAL PLOT ALLOWANCES. (b) CLERICAL AMENDMENT.—The table of mined under section 3902 of this title if the (a) IN GENERAL.—Chapter 23 is amended by sections at the beginning of such chapter is amount described in section 3902 of this title inserting after section 2303 the following new amended by inserting after the item related were increased to the adjusted amount de- section: to section 2303 the following new item: scribed in subsection (c), over ‘‘§ 2303A. Supplemental plot allowance ‘‘2303A. Supplemental plot allowance.’’. ‘‘(2) the payment determined under section (c) EFFECTIVE DATE.—The amendments 3902 of this title without regard to this sec- ‘‘(a) IN GENERAL.—(1) Subject to the avail- made by this section shall take effect on Oc- tion. ability of funds specifically provided for pur- tober 1, 2008, and shall apply with respect to ‘‘(c) ADJUSTED AMOUNT.—The adjusted poses of this subsection in advance in an ap- deaths occurring on or after that date. amount is $22,484 (as adjusted from time to propriations Act, whenever the Secretary (d) AUTHORIZATION OF APPROPRIATIONS.— time under subsection (d)). makes a payment for the burial and funeral There are authorized to be appropriated to ‘‘(d) ADJUSTMENT.—(1) Effective on October of a veteran under section 2303(a)(1)(A) of the Secretary of Veterans Affairs such sums 1 of each year (beginning in 2008), the Sec- this title, or for the burial of a veteran under as may be necessary to carry out the provi- retary shall increase the adjusted amount paragraph (1) or (2) of section 2303(b) of this sions of section 2303A of title 38, United described in subsection (c) to an amount title, the Secretary is also authorized and di- States Code (as added by subsection (a)). equal to 80 percent of the average retail cost rected to pay the recipient of such payment TITLE VIII—OTHER MATTERS a supplemental payment under this section of new automobiles for the preceding cal- SEC. 801. ELIGIBILITY OF DISABLED VETERANS for the cost of such burial and funeral or bur- endar year. AND MEMBERS OF THE ARMED ‘‘(2) The Secretary shall establish the ial, as applicable. FORCES WITH SEVERE BURN INJU- ‘‘(2) No supplemental plot allowance pay- RIES FOR AUTOMOBILES AND method for determining the average retail ment shall be made under this subsection if ADAPTIVE EQUIPMENT. cost of new automobiles for purposes of this the Secretary has expended all funds that (a) ELIGIBILITY.—Paragraph (1) of section subsection. The Secretary may use data de- were specifically provided for purposes of 3901 is amended— veloped in the private sector if the Secretary this subsection in an appropriations Act. (1) in subparagraph (A)— determines the data is appropriate for pur- ‘‘(b) AMOUNT.—The amount of the supple- (A) in the matter preceding clause (i), by poses of this subsection. mental payment required by subsection (a) striking ‘‘or (iii) below’’ and inserting ‘‘(iii), ‘‘(e) ESTIMATES.—(1) From time to time, for any death is $445 (as adjusted from time or (iv)’’; and the Secretary shall make an estimate of— to time under subsection (c)). (B) by adding at the end the following new ‘‘(A) the amount of funding that would be ‘‘(c) ADJUSTMENT.—With respect to deaths clause: necessary to provide supplemental payment that occur in any fiscal year after fiscal year ‘‘(iv) A severe burn injury (as determined under this section for every eligible person 2008, the supplemental payment described in pursuant to regulations prescribed by the for the remainder of the fiscal year in which subsection (b) shall be equal to the sum of— Secretary).’’; and such an estimate is made; and ‘‘(1) the supplemental payment in effect (2) in subparagraph (B), by striking ‘‘or ‘‘(B) the amount that Congress would need under subsection (b) for the preceding fiscal (iii)’’ and inserting ‘‘(iii), or (iv)’’. to appropriate to provide every eligible per- year (determined after application of this (b) STYLISTIC AMENDMENTS.—Such section son with supplemental payment under this subsection), plus is further amended— section in the next fiscal year.

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00026 Fmt 0686 Sfmt 0634 E:\BR08\S24AP8.000 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 6827 ‘‘(2) On the dates described in paragraph sion of any contract for cellular telephone ment that the research described in that (3), the Secretary shall submit to the appro- service entered into by the servicemember paragraph would be feasible and advisable, priate committees of Congress the estimates before that date if the servicemember’s abil- the Agency shall, utilizing amounts avail- described in paragraph (1). ity to satisfy the contract or to utilize the able under subsection (f)(2), make any dis- ‘‘(3) The dates described in this paragraph service will be materially affected by that position of the assets transferred to the are the following: period of deployment. The request shall in- Agency from the Air Force Health Study as ‘‘(A) April 1 of each year. clude a copy of the servicemember’s military the Agency considers appropriate in prepara- ‘‘(B) July 1 of each year. orders. tion for such research. ‘‘(C) September 1 of each year. ‘‘(b) RELIEF.—Upon receiving the request of (f) FUNDING.— ‘‘(D) The date that is 60 days before the a servicemember under subsection (a), the (1) IN GENERAL.—From amounts available date estimated by the Secretary on which cellular telephone service contractor con- for each of fiscal years 2009 through 2012 for amounts appropriated for the purposes of cerned shall, at the election of the con- the Department of Veterans Affairs for Med- this section for a fiscal year will be ex- tractor— ical and Prosthetic Research, amounts shall hausted. ‘‘(1) grant the requested relief without im- be available as follows: ‘‘(f) APPROPRIATE COMMITTEES OF CONGRESS position of an early termination fee for ter- (A) $1,200,000 shall be available in each DEFINED.—In this section, the term ‘appro- mination of the contract or a reactivation such fiscal year for maintenance, manage- priate committees of Congress’ means— fee for suspension of the contract; or ment, and operation (including maintenance ‘‘(1) the Committee on Appropriations and ‘‘(2) permit the servicemember to suspend of biological specimens) of the assets trans- the Committee on Veterans’ Affairs of the the contract at no charge until the end of ferred to the Medical Follow-Up Agency Senate; and the deployment without requiring, whether from the Air Force Health Study. ‘‘(2) the Committee on Appropriations and as a condition of suspension or otherwise, (B) $250,000 shall be available in each such the Committee on Veterans’ Affairs of the that the contract be extended.’’. fiscal year for the conduct of additional re- House of Representatives.’’. (b) CLERICAL AMENDMENT.—The table of search authorized by subsection (d), includ- (b) CLERICAL AMENDMENT.—The table of contents for that Act is amended by insert- ing the funding of pilot studies authorized by sections at the beginning of such chapter is ing after the item relating to section 305 the paragraph (2) of that subsection. amended by inserting after the item related following new item: (2) MEDIUM-TERM RESEARCH.—From to section 3902 the following new item: ‘‘Sec. 305A. Termination or suspension of amounts available for fiscal year 2012 for the ‘‘3902A. Supplemental assistance for pro- contracts for cellular telephone Department of Veterans Affairs for Medical viding automobiles or other service.’’. and Prosthetic Research, $200,000 shall be conveyances.’’. SEC. 805. MAINTENANCE, MANAGEMENT, AND available for the preparation of the report (c) AUTHORIZATION OF APPROPRIATIONS.— AVAILABILITY FOR RESEARCH OF required by subsection (e)(1) and for the dis- There are authorized to be appropriated to ASSETS OF AIR FORCE HEALTH position, if any, of assets authorized by sub- the Secretary of Veterans Affairs such sums STUDY. section (e)(2). as may be necessary to carry out the provi- (a) PURPOSE.—The purpose of this section is to ensure that the assets transferred to SEC. 806. NATIONAL ACADEMIES STUDY ON RISK sions of section 3902A of title 38, United OF DEVELOPING MULTIPLE SCLE- the Medical Follow-Up Agency from the Air States Code (as added by subsection (a)). ROSIS AS A RESULT OF CERTAIN Force Health Study are maintained, man- (d) EFFECTIVE DATE.—The amendments SERVICE IN THE PERSIAN GULF WAR made by this section shall take effect on Oc- aged, and made available as a resource for AND POST 9/11 GLOBAL OPERATIONS tober 1, 2008, and shall apply with respect to future research for the benefit of veterans THEATERS. (a) IN GENERAL.—The Secretary of Vet- payments made in accordance with section and their families, and for other humani- erans Affairs shall enter into a contract with 3902 of title 38, United States Code, on or tarian purposes. (b) ASSETS FROM AIR FORCE HEALTH the Institute of Medicine of the National after that date. STUDY.—For purposes of this section, the as- Academies to conduct a comprehensive epi- SEC. 803. CLARIFICATION OF PURPOSE OF THE sets transferred to the Medical Follow-Up demiological study for purposes of identi- OUTREACH SERVICES PROGRAM OF fying any increased risk of developing mul- THE DEPARTMENT OF VETERANS Agency from the Air Force Health Study are AFFAIRS. the assets of the Air Force Health Study tiple sclerosis as a result of service in the Armed Forces during the Persian Gulf War (a) CLARIFICATION OF INCLUSION OF MEM- transferred to the Medical Follow-Up Agency in the Southwest Asia theater of operations BERS OF THE NATIONAL GUARD AND RESERVE under section 714 of the John Warner Na- or in the Post 9/11 Global Operations thea- IN PROGRAM.—Subsection (a)(1) of section tional Defense Authorization Act for Fiscal 6301 is amended by inserting ‘‘, or from the Year 2007 (Public Law 109–364; 120 Stat. 2290), ters. (b) ELEMENTS.—In conducting the study re- National Guard or Reserve,’’ after ‘‘active including electronic data files and biological specimens on all participants in the study quired under subsection (a), the Institute of military, naval, or air service’’. Medicine shall do the following: (b) DEFINITION OF OUTREACH.—Subsection (including control subjects). (1) Determine whether service in the (b) of such section is amended— (c) MAINTENANCE AND MANAGEMENT OF Armed Forces during the Persian Gulf War (1) by redesignating paragraphs (1) and (2) TRANSFERRED ASSETS.—The Medical Follow- in the Southwest Asia theater of operations, as paragraphs (2) and (3), respectively; and Up Agency shall maintain and manage the or in the Post 9/11 Global Operations thea- (2) by inserting before paragraph (2) the assets transferred to the Agency from the ters, increased the risk of developing mul- following new paragraph (1): Air Force Health Study. tiple sclerosis. ‘‘(1) the term ‘outreach’ means the act or (d) ADDITIONAL NEAR-TERM RESEARCH.— (2) Identify the incidence and prevalence of process of reaching out in a systematic man- (1) IN GENERAL.—The Medical Follow-Up diagnosed neurological diseases, including ner to proactively provide information, serv- Agency may, during the period beginning on multiple sclerosis, Parkinson’s disease, ices, and benefits counseling to veterans, and October 1, 2008, and ending on September 30, amyotrophic lateral sclerosis, and brain can- to the spouses, children, and parents of vet- 2012, conduct such additional research on the cers, as well as central nervous system ab- erans who may be eligible to receive benefits assets transferred to the Agency from the normalities that are difficult to precisely di- under the laws administered by the Sec- Air Force Health Study as the Agency con- agnose, in each group as follows: retary, to ensure that such individuals are siders appropriate toward the goal of under- (A) Members of the Armed Forces who fully informed about, and assisted in apply- standing the determinants of health, and served during the Persian Gulf War in the ing for, any benefits and programs under promoting wellness, in veterans. Southwest Asia theater of operations. such laws;’’. (2) RESEARCH.—In carrying out research authorized by this subsection, the Medical (B) Members of the Armed Forces who SEC. 804. TERMINATION OR SUSPENSION OF CON- served in the Post 9/11 Global Operations the- TRACTS FOR CELLULAR TELEPHONE Follow-Up Agency may, utilizing amounts SERVICE FOR SERVICEMEMBERS available under subsection (f)(1)(B), make aters. UNDERGOING DEPLOYMENT OUT- grants for such pilot studies for or in connec- (C) A non-deployed comparison group for SIDE THE UNITED STATES. tion with such research as the Agency con- those who served in the Persian Gulf War in (a) IN GENERAL.—Title III of the siders appropriate. the Southwest Asia theater of operations Servicemembers Civil Relief Act (50 U.S.C. (e) ADDITIONAL MEDIUM-TERM RESEARCH.— and the Post 9/11 Global Operations theaters. App. 531 et seq.) is amended by inserting (1) REPORT.—Not later than March 31, 2012, (3) Compare the incidence and prevalence after section 305 the following new section: the Medical Follow-Up Agency shall submit of the named diagnosed neurological diseases ‘‘SEC. 305A. TERMINATION OR SUSPENSION OF to Congress a report assessing the feasability and undiagnosed central nervous system ab- CONTRACTS FOR CELLULAR TELE- and advisability of conducting additional re- normalities among veterans who served dur- PHONE SERVICE. search on the assets transferred to the Agen- ing the Persian Gulf War in the Southwest ‘‘(a) IN GENERAL.—A servicemember who cy from the Air Force Health Study after Asia theater of operations, or in the Post 9/ receives orders to deploy outside of the con- September 30, 2012. 11 Global Operations theaters, in various lo- tinental United States for not less than 90 (2) DISPOSITION OF ASSETS.—If the report cations during such periods, as determined days may request the termination or suspen- required by paragraph (1) includes an assess- by the Institute of Medicine.

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\BR08\S24AP8.000 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6828 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 April 24, 2008 (4) Collect information on risk factors, ‘‘To amend title 38, United States Code, to plemental life insurance available to such as pesticide and other toxic exposures, enhance veterans’ insurance and housing totally disabled veterans from $20,000 to which veterans were exposed while serving benefits, to improve benefits and services for to $30,000. Many totally disabled vet- during the Persian Gulf War in the South- transitioning servicemembers, and for other erans find it difficult to obtain com- purposes.’’. west Asia theater of operations or the Post 9/ mercial life insurance. These are the 11 Global Operations theaters, or thereafter. The PRESIDING OFFICER. Under (c) REPORTS.— veterans we are trying to help with the previous order, the motion to re- this legislation by providing them with (1) INTERIM REPORT.—The contract required consider is considered made and laid by subsection (a) shall require the Institute a reasonable amount of life insurance of Medicine to submit to the Secretary, and upon the table. coverage. to appropriate committees of Congress, in- Mr. AKAKA. Mr. President, I am S. 1315, as reported, would also make terim progress reports on the study required pleased that S. 1315, as reported by the small but necessary changes in existing under subsection (a). Such reports shall not Veterans’ Affairs Committee, the pro- laws relating to education and employ- be required to include a description of in- posed Veterans Benefits Enhancement ment. First, it would restore the fund- terim results on the work under the study. Act of 2007, finally passed in the Sen- ing cap on the amount of support avail- (2) FINAL REPORT.—The contract shall re- ate. This comprehensive legislation able to State Approving Agencies to quire the Institute of Medicine to submit to would improve benefits and services for the Secretary, and to appropriate commit- the fiscal year 2007 level of $19 million. veterans both young and old. Without this restoration, these entities tees of Congress, a final report on the study The Veterans’ Affairs Committee re- by not later than December 31, 2011. The that assist VA in approving programs final report shall include such recommenda- ported S. 1315 to the full Senate in Au- of education would be facing a reduc- tions for legislative or administrative action gust of last year. At that time, my be- tion of more than 30 percent beginning as the Institute considers appropriate in lief was that debate and consideration in this fiscal year. It is particularly light of the results of the study. of this legislation by the full Senate, important as more veterans return to (d) FUNDING.—The Secretary shall provide would take place during September. civilian life and begin to use their edu- the Institute of Medicine with such funds as That did not happen. As I described in cational benefits that SAAs have ade- are necessary to ensure the timely comple- detail yesterday, further action on the tion of the study required under subsection quate resources. bill has been blocked because of opposi- Second, the pending legislation (a). tion from the other side of the aisle to (e) DEFINITIONS.—In this section: would update the Special Unemploy- (1) The term ‘‘appropriate committees of certain benefits for Filipinos who ment Study required to be submitted Congress’’ means— fought under U.S. command during by the Secretary of Labor to the Con- (A) the Committee on Veterans’ Affairs of World War II. gress by mandating that it cover vet- the Senate; and I will first describe some of the provi- erans of post-9/11 global operations. It (B) the Committee on Veterans’ Affairs of sions in the bill and then will discuss would also require the report to be sub- the House of Representatives. in more detail my views on the provi- mitted on an annual, rather than a bi- (2) The term ‘‘Persian Gulf War’’ has the sions relating to Filipino veterans. meaning given that term in section 101(33) of ennial, basis. By updating this report, This legislation, as reported by the Congress will have more data available title 38, United States Code. committee, would make several impor- (3) The term ‘‘Post 9/11 Global Operations on more recent groups of veterans— theaters’’ means Afghanistan, Iraq, or any tant improvements in insurance pro- those who served and are serving in the other theater in which the Global War on grams for disabled veterans. It would gulf war and post-9/11 global oper- Terrorism Expeditionary Medal is awarded establish a new program of insurance ations. This will help with assessments for service. for service-connected disabled veterans of the needs of current veterans enter- SEC. 807. COMPTROLLER GENERAL REPORT ON that would provide up to a maximum of ing the work force and develop appro- ADEQUACY OF DEPENDENCY AND $50,000 in level premium term life in- priate responses. INDEMNITY COMPENSATION TO surance coverage. MAINTAIN SURVIVORS OF VETERANS Third, the bill would extend for 2 WHO DIE FROM SERVICE-CON- This legislation would also expand years a temporary increase in the NECTED DISABILITIES. eligibility for retroactive benefits from monthly educational assistance allow- (a) REPORT REQUIRED.—Not later than 10 traumatic injury protection coverage ance for apprenticeship or other on- months after the date of the enactment of under the Servicemembers’ Group Life the-job training. The current tem- this Act, the Comptroller General of the Insurance program. This insurance pro- porary increase expired on January 1, United States shall submit to the Commit- gram went into effect on December 1, tees on Veterans’ Affairs and Appropriations 2008, and this provision would benefit of the Senate and the Committees on Vet- 2005. All insured servicemembers under the 34,000 veterans who are suffering erans’ Affairs and Appropriations of the SGLI from that point forward are cov- through the first benefit rate reduction House of Representatives a report on the ered by traumatic injury protection re- in the history of the G.I. bill. Allowing adequacy of dependency and indemnity com- gardless of where their injuries occur. the temporary increase to be elimi- pensation payable under chapter 13 of title However, individuals sustaining trau- nated would mean a monthly benefit 38, United States Code, to surviving spouses matic injuries between October 7, 2001 rate cut for veterans enrolled in this and dependents of veterans who die as a re- and November 30, 2005, that were not type of training and would remove sult of a service-connected disability in re- incurred as a direct result of Oper- placing the deceased veteran’s income. marketable incentive to encourage in- (b) ELEMENTS.—The report required by sub- ations Enduring or Iraqi Freedom, are dividuals to accept trainee positions section (a) shall include— not eligible for a retroactive payment they might not otherwise consider. (1) a description of the current system for under the traumatic injury protection S. 1315, as reported, would also im- the payment of dependency and indemnity program. This legislation would expand prove a variety of housing benefits for compensation to surviving spouses and de- eligibility to these individuals. servicemembers and veterans. I note pendents described in subsection (a), includ- This legislation would also increase that title II of this legislation was re- ing a statement of the rates of such com- the maximum amount of Veterans’ cently passed as part of H.R. 3221, the pensation so payable; Mortgage Life Insurance so that a serv- housing reform bill. It is my intent to (2) an assessment of the adequacy of such ice-connected disabled veteran may payments in replacing the deceased veteran’s include these provisions in S. 1315 until income; and purchase from the current maximum of they have become law through another (3) such recommendations as the Comp- $90,000 to $200,000. In the event of the vehicle. troller General considers appropriate in veteran’s death, the veteran’s family is This legislation would also amend order to improve or enhance the effects of protected because VA will pay the bal- the Servicemembers Civil Relief Act to such payments in replacing the deceased vet- ance of the mortgage owed up to the help servicemembers get relief from eran’s income. maximum amount of insurance pur- cell phone contracts when deployed The PRESIDING OFFICER. Under chased. The need for this increase is overseas. Servicemembers, with all of the previous order, the title amend- obvious in today’s housing market. their responsibilities abroad, should ment is agreed to. In addition, S. 1315, as reported, not have to worry about being released The title was amended so as to read: would also increase the amount of sup- from cell phone contracts.

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\BR08\S24AP8.000 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 6829 Finally, this legislation gives Con- newly created command structure that are in S. 1315 are of the greatest gress an opportunity to rectify a wrong called the United States Armed Forces value to veterans who earned them on done to Filipino World War II veterans of the Far East. According to orders the battlefield so many years ago. over 60 years ago. In the years since from General MacArthur, Philippine The action by Congress in 1946 to the end of the Second World War, Fili- units once mustered into U.S. service strip Filipino veterans who served pino veterans and their advocates, es- would be paid and supplied from Amer- under the American Flag during World pecially my distinguished colleague, ican sources. War II of the recognition and benefits the senior Senator from Hawaii, have The unique relationship between the that were their due was a grave injus- worked tirelessly to secure these vet- Philippines and the United States tice. It is especially regrettable that erans the status they were promised made the Philippine islands particu- this injustice has existed for so many when they agreed to fight under U.S. larly susceptible to Japanese aggres- years. The inaction of prior Congresses command in defense of their homeland sion during the war. Historians agree to correct this wrong does not excuse and to protect U.S. interests in the re- that the Japanese strategy was based us from the responsibility to take re- gion. Today, I am proud to say, many upon a plan to destroy or neutralize medial action now. Filipino veterans enjoy eligibility for the U.S. Pacific Fleet at Pearl Harbor, The United States has a moral obli- benefits and health care services as and to deprive the United States of its gation to care for Filipino veterans U.S. veterans. However, there remains base in the Philippines. Were it not for who served under U.S. command in a distinction in law between certain the U.S. presence, the Philippines World War II and we must not fail in groups of Filipino veterans. I hope that would not have presented the Japanese fulfilling that obligation. I would like to speak briefly about Congress will take another step toward with a strategic threat and turned into the purpose of pension benefits and removing that unjust distinction. This a battlefield. more specifically about the pension Nation has a moral obligation to care The Philippine forces under U.S. benefit in the pending bill. Veterans for those who have served under its command suffered heavy casualties as pension benefits are provided to allow flag. a result of the Japanese invasion. It is Although I view veterans’ benefits as estimated that 10,000 Filipinos died wartime veterans to live in dignity and meet their basic needs. a continuing cost of war and should be during the Bataan Death March, along The amounts proposed in this legisla- funded as such, the provisions in S. 1315 with 3,000 U.S. soldiers. The Phil- tion would permit Filipino veterans, ippines throughout the war suffered would be paid for by an offset that re- who have been denied their rightful great loss of life and tremendous phys- stores the original intent of Congress, status as United States veterans for which was wrongly interpreted in a re- ical damage. By the end of the war, the too long, to finally live in dignity. cent court decision, to provide certain capital city of Manila was in ruins and Unlike other World War II veterans, VA benefits on the basis of disability up to 1 million Filipinos had been these veterans have been denied pen- and not age. Some of the opposition to killed. sion benefits for over 60 years. It is also S. 1315 has centered on a misunder- All of the military forces of the Com- important to note that these benefits standing of this provision. Aged vet- monwealth of the Philippines remained are not retroactive. erans who are seriously disabled would under the command of the U.S. Armed The amounts proposed are sufficient not be deprived of special benefits, but Forces of the Far East throughout to give aged Filipino veterans a pay- would continue to be eligible for them World War II, and until the Philippines ment that would allow them to meet under the same conditions as applied to was granted independence on July 4, their basic needs for adequate nutri- younger veterans. 1946. tion and medicine. This is not a comprehensive recita- In October 1945, Gen. Omar Bradley, The flat rate benefit also takes into tion of all the provisions within this then Director of the Veterans’ Admin- account the likelihood that many of important veterans’ legislation. How- istration, affirmed that all Filipinos these aged veterans, if living in the ever, I hope that I have provided an ap- who served under U.S. command were United States, would qualify for addi- propriate overview of the benefits this entitled to all benefits under laws ad- tional benefits based on disability due legislation would provide for America’s ministered by that agency. to their status as being housebound or veterans and servicemembers. However, in 1946, the U.S. Congress, in need of aid and attendance. No addi- The sole point of controversy in S. through the Rescission Acts of 1946, tional benefits for housebound status 1315 is a pension benefit for Filipino withdrew veterans’ status from certain or aid and attendance are provided. veterans who served under U.S. com- Filipino veterans of World War II. The pension proposed for Filipino mand during World War II and who live Upon passage of the Rescission Acts, veterans is less than one-third of the in the Philippines. I wish to give my President Harry Truman expressed his basic amount provided to veterans liv- colleagues my perspective on why this disapproval of the withdrawal of bene- ing in the United States, in recognition benefit should be paid. fits from Filipino veterans. He stated, of the lower cost of living in the Phil- The United States has had a relation- ‘‘There can be no question, but that the ippines. Measured against the aid and ship with the Philippines since 1898, Philippine veteran is entitled to bene- attendance standard, the proposed ben- when it was acquired as a result of the fits bearing a reasonable relation to efit is about one-sixth of the amount Spanish American War. In 1934, Con- those received by the American vet- provided to veterans in the United gress passed the Philippine Independ- eran, with whom he fought side by States. ence Act, which set a 10-year timetable side.’’ The cost of items, such as food and for the independence of the Phil- Our Nation has a long history of car- medicine in Manila are about half of ippines. In the interim, the U.S. estab- ing for aging veterans, particularly the cost in the United States, while the lished a Commonwealth of the Phil- those who served the country during a cost of housing is considerably less ex- ippines vested with certain powers over time of war. pensive. its own internal affairs. The granting The sole purpose of the VA pension For example, a bottle of 100 aspirin of full independence was delayed until program is to assist older, low-income, tablets costs about $4 in Manila, about 1946 because of the Japanese occupa- war-time veterans, so that those who twice as much in the United States. tion of the Philippines from 1942 to experienced the horror of war are not Because the income and asset 1945. forgotten in their old age. verification procedures used in the On July 26, 1941, President Franklin Philippine veterans of the Second United States are not available in the D. Roosevelt issued an Executive Order World War are now in their twilight Philippines, and it is not feasible to de- ordering all military forces of the Com- years and many are struggling to make velop an administratively efficient sys- monwealth of the Philippines into the ends meet, especially with global food tem in the Philippines to monitor the service of the Armed Forces of the prices on the rise. Now, perhaps more income and assets of pension recipi- United States under the command of a than ever, the modest pension benefits ents, the bill provides a flat benefit

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\BR08\S24AP8.000 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6830 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 April 24, 2008 amount substantially lower than that tice that has existed for over 60 years. of the Human Genome Project, which paid in the United States. I, like President Truman, believe that sequenced and mapped all the genes in I believe firmly that the proposed it is the obligation of the United States the human body. This Friday is DNA amount is a reasonable benefit taking to care for those who have fought Day, when we pay tribute to this amaz- into account all of these factors. under the U.S. flag. ing accomplishment, which was the The people of the Philippines did not It is past time to right that wrong. dawn of a new era in the life sciences. shy from the call to fight during World As my fellow World War II veteran, the Mapping the human genome has pro- War II. They were true brothers in Senior Senator from Alaska said yes- vided extraordinary insights for mod- arms who fought valiantly under U.S. terday, this is about ‘‘honor.’’ I believe ern medicine, and it has opened the command in the global struggle it is the moral obligation of this Na- door to immense new opportunities to against totalitarianism. This bill at tion to provide for those who served prevent, diagnosis, treat, and cure dis- long last recognizes the valor of all Fil- under the U.S. flag and alongside U.S. ease. Its discovery may well affect the ipino veterans in sacrifice to this noble troops during World War II. 21st century as profoundly as the in- cause and loyalty to their American I thank my colleagues for standing vention of the computer or the split- commanders. with me, my World War II colleagues ting of the atom affected the 20th cen- The proposal put forward by the Senators INOUYE and STEVENS, and a tury. ranking member fails to honor these majority of the Veterans’ Affairs Com- But with this invaluable new infor- veterans by denying pension benefits to mittee, and not accepting the amend- mation comes a tremendous responsi- those who live in the Philippines. I un- ment of the Senator from North Caro- bility. A person’s unique genetic code derstand that there may be different lina. contains the most personal aspects of perspectives on what pension amounts Mr. REID. I suggest the absence of a their identity. As we begin to decipher would be appropriate given the dif- quorum. this information, Americans have le- ference in the cost-of-living between The PRESIDING OFFICER. The gitimate fears about how this deeply this country and the Philippines. I am clerk will call the roll. private information will be used. Sur- not, however, willing to yield on the The assistant legislative clerk pro- veys show that people are already de- principle that Filipino veterans living ceeded to call the roll. clining to take medically valuable in the Philippines deserve to receive Mr. KENNEDY. Mr. President, I ask tests out of fear that they will face dis- veterans benefits in the same manner unanimous consent that the order for crimination or invasion of their per- as those living in the U.S. or anywhere the quorum call be rescinded. sonal privacy. These fears are not un- else. I reject the notion that two vet- The PRESIDING OFFICER. Without warranted. As Francis Collins, the erans, who fought side-by-side and en- objection, it is so ordered. leader of the NIH project to sequence dured the same hardships of war, f the human genome, has said: should be treated unequally based sole- GENETIC INFORMATION Genetic information and genetic tech- ly on their place of residence. NONDISCRIMINATION ACT OF 2007 nology can be used in ways that are fun- The soldier’s creed is to leave no fel- damentally unjust. Already, people have lost low warrior behind. I believe in that, The PRESIDING OFFICER. Under their jobs, lost their health insurance, and and believe that it is important to ac- the previous order, the Senate will pro- lost their economic well-being because of the knowledge the valiant service of those ceed to the consideration of H.R. 493, misuse of genetic information. Filipino veterans of World War II who which the clerk will report by title. The remarkable medical advances of served under U.S. command. The assistant legislative clerk read the genetic age will be valuable only if I would like to end my comments to- as follows: people are not afraid to take advantage night by again sharing the thoughts of A bill (H.R. 493) to prohibit discrimination of them. The promise of this new the 33rd President of the United on the basis of genetic information with re- science will be in jeopardy if our laws States—Harry S. Truman. In 1946, spect to health insurance and employment. fail to contain adequate protections President Truman made a statement The PRESIDING OFFICER. The Sen- against abuse and misuse of genetic in- concerning provisions in a bill affect- ator from Massachusetts. formation. ing Philippine Army veterans—At issue Mr. KENNEDY. Mr. President, I ask The bipartisan bill now before the was a legislative rider attached to the unanimous consent that the previous Senate takes a substantial step to pre- transfer of $200 million for the pay of order with respect to H.R. 493 be modi- serve the value of new genetic tech- the Army of the Philippines. fied to provide that following disposi- nology and to protect the basic rights President Truman said, ‘‘The effect tion of S. 1315, the time until 2:15 p.m. of every American. The Genetic Infor- of this rider is to bar Philippine Army be equally divided and controlled, as mation Nondiscrimination Act recog- veterans from all the benefits under previously ordered, and the Senate pro- nizes that discrimination based on a the G.I. Bill of Rights with the excep- ceed to vote on passage of H.R. 493, person’s genetic identity is just as un- tion of disability and death benefits with the remaining provisions of the acceptable as discrimination on the which are made payable on the basis of previous order remaining in effect. basis of race or religion. No American one peso for every dollar of eligible The PRESIDING OFFICER. Without should be denied health insurance or be benefits. I realize, however, that cer- objection, it is so ordered. fired from a job because of genetic test- tain practical difficulties exist in ap- Mr. KENNEDY. Mr. President, for ing. plying the G.I. Bill of Rights to the the information of our membership, we The bill before us provides com- Philippines.’’ will be having a rollcall vote, then, at prehensive protections. It prohibits President Truman went on to state, 2:15 p.m., and the time, now, will be di- health insurers from using a patient’s ‘‘the passage and approval of this legis- vided between Senator ENZI and myself genetic information to deny health in- lation does not release the United on the issue of the genetic non- surance coverage or raise premiums. It States from its moral obligation to discrimination legislation. bars employers from using genetic in- provide for the heroic Philippine vet- Mr. President, I yield myself such formation to make employment-re- erans who sacrificed so much for the time as I might use. lated decisions. It prohibits insurers common cause during the war . . . I The PRESIDING OFFICER. Without and employers from seeking genetic in- consider it a moral obligation of the objection, it is so ordered. formation or requiring individuals to United States to look after the welfare Mr. KENNEDY. Mr. President, today, take genetic tests. It bars disclosure of of the Philippine Army veterans.’’ the Senate is considering the first genetic information by insurers or em- I agree with the words of President major new civil rights bill of the new ployers, and it contains effective rem- Truman from 60 years ago. century. Five years ago this week, we edies so that anyone who has suffered As I have said time and time again, celebrated a milestone that once genetic discrimination can obtain re- this legislation would correct an injus- seemed unimaginable: the completion lief. By granting these protections, the

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00030 Fmt 0686 Sfmt 0634 E:\BR08\S24AP8.000 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 6831 bill gives the American people the op- teer in order to be a part of a research this legislation. It gives us a very clear portunity to reap the rewards of im- program, only to find out that their ge- idea of the overwhelming support of proved health care through genetics netic information could be leaked? the medical profession. Family physi- without fear of unjust use of their per- What happens if it is leaked? The in- cians, pediatricians, the American Can- sonal genetic makeup. surance companies will say: Look, this cer Society, the American Diabetes As- This bill has been the product of a individual has a better chance of get- sociation, the American Heart Associa- decade of dedicated effort by Members ting breast cancer, diabetes, bipolar tion—virtually the whole health com- on both sides of the aisle. My sincere disorder, or a whole series of different munity strongly supports this bill. The thanks go to Senator SNOWE and Sen- types of cancer, so why are we going to National Partnership For Women and ator ENZI for helping to lead this bipar- go ahead and insure that individual? Or Families and other women’s groups and tisan effort with me, and to Senator if we are going to insure him, we are civil rights groups are supportive, as REID, our majority leader, and the Sen- going to charge a good deal more. are the many specialized medical ate leadership, for their commitment Some of this genetic information is groups that know about genetic dis- to moving this bill forward. Thanks to valuable to know for medical history. eases. Senator GREGG and Senator DODD and For example, if mothers have certain Genetic discrimination issues are Senator HARKIN, who also made impor- types of genetic markers, the daugh- often tied to national origin. We have tant contributions through their lead- ters might want to find out whether the Tay-Sachs disease that affects ership and expertise. I commend our they have the same kind of proclivity. many members of the Jewish commu- House colleagues—Speaker PELOSI, Yet if they go out and have the test so nity; sickle cell anemia, which affects Representative SLAUGHTER, Represent- that they know whether to start think- many African Americans; Cooley’s dis- ative BIGGERT, Chairman MILLER, ing about treating that particular ease, which affects many of those who Chairman RANGEL, and Chairman DIN- health challenge, they know they will come from Mediterranean countries, GELL—for their strong support, and be discriminated against. They won’t and a host of others. These are genetic also our former colleague, Senator be able to get a job because an em- diseases. That is why a number of the Daschle, who was a leader in his term ployer will say: Why should I hire that different groups are so concerned about here in the Senate. It is a remarkable this, because they have seen the dis- achievement to get this bill to the person when they may very well de- President’s desk. The administration velop breast cancer, and why should I crimination. I will just give ease to our colleagues. cooperated with us throughout the hire that person because if they de- This chart shows when we have consid- process, and we are grateful for its sup- velop breast cancer, then it will cost ered the legislation at other times. We port on this important legislation. my company a good deal more to pay We stand today on the threshold of a for that individual’s health insurance. considered it in 2003—the Senate did— major new breakthrough in medical That is the reality today. That is hap- and in 2005, and look at the over- technology. With personalized medi- pening today. whelming votes, Republicans and cine that genetic science makes pos- There has been an explosion of Democrats, even in the House in 2007. sible, patients can receive therapy pre- progress in terms of genetic research. But we haven’t been able to get the cisely tailored to their own genetic New opportunities for personalized House and Senate together at the same makeup with reduced side effects and medicine are opening, which is really time. So this has been going on since greater potency. But the effectiveness going to be the pathway in the future. 2003, and we are in 2008. We have the of these new technologies is undercut With personalized medicine, patients opportunity with this legislation to get by people’s legitimate fears and the will no longer have to receive treat- the job done, and the President has in- lack of strong protections. ments that work for the average per- dicated he is going to sign it so we can Just this week, doctors announced son—but may not work for them. In- achieve this extremely important un- important findings on the genetic fac- stead, they will receive therapies pre- dertaking. tors that may contribute to Parkin- cisely tailored to their own genetic Let me just review some of the other son’s disease. There are new discoveries makeup, with reduced side effects and statements about why this is so impor- in genetic variations that may confer a far greater potency. tant. We remarked here just a few mo- reduced risk of heart failure and new Individualized medicine is the way of ments ago about the dangers that are insights into the genetic switches that the future. With that, there is going to out there in terms of people being con- may one day control cancer. But one be a great deal more information about cerned about the violation of their pri- great barrier stands in the way of these an individual’s health, but also the at- vacy based on genetic information. Is extraordinary advances that are pos- tendant challenge and problem that this really a problem? This is a chart sible in this new field of discovery: the this information could be used to ad- which shows that 72 percent of Ameri- reluctance of patients to receive the versely impact that individual. That is cans think laws are needed to protect benefit of this new science and the fear what we want to avoid, and that is genetic privacy. The American people that is already keeping patients from what we want to protect against. are really way ahead of us in the Con- volunteering for this research. We know there are numerous barriers gress on this issue. They understand Even the crown jewel of our Federal to new discoveries that Congress can that their genetic privacy is enor- research enterprise, the National Insti- do little about: the complexities of dis- mously important. They have an inner tutes of Health, has been affected by ease, the uncertainties of science, and sense, which is well-founded, that their this fear. The threat of genetic dis- the rarity of true inspiration. But this genetic privacy can be abused. We have crimination is so real that it is even is one major problem which is entirely 72 percent of Americans who think we listed on the informed consent docu- within our power to solve. We can need laws. ment that the NIH provides to patients make a difference, and we can do it This chart shows that Americans considering enrolling in the clinical today. With effective protections want their genetic information kept trials of the new genetic medicines. against the misuse of genetic informa- private. Ninety-two percent of Ameri- This is what the chart says: tion, this amazing new technology can cans think their employer should not We will not release any information about realize its potential and bring better have access to their genetic informa- you or your family to your insurance com- health care to all people throughout tion for the reasons I have outlined. If pany or employer without your permission. However, instances are known in which ge- our world. I hope all of our colleagues you don’t have these protections and netic information has been obtained through will join in advancing the potential of employers are able to find out that cer- legal means by third parties. This may affect genetic research by supporting the Ge- tain individuals they are employing you or your family’s ability to get health in- netic Information Nondiscrimination have a greater proclivity to develop surance and/or a job. Act. disease, there is a very good chance Can you imagine individuals going I want to show on the chart all of the they will discriminate against those in- out to the NIH and saying: I will volun- different groups that are supporting dividuals. That has been the case.

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00031 Fmt 0686 Sfmt 0634 E:\BR08\S24AP8.001 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6832 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 April 24, 2008 Eighty percent of Americans think searchers who know how to treat these actually happens. That gives the indi- their health insurer should not have illnesses and sicknesses, will make a vidual the chance to do something access to their genetic information. difference in terms of improving the about it first. If it doesn’t happen, it The reason for that is a very sound rea- quality of health care on the one hand. isn’t a preexisting condition. That is son, which is they believe if the insurer It is so dramatic, as is the danger of what this bill will do. has that kind of information, the cost abuse by unscrupulous employers or Now, another bill we need to be for the health insurance, which is ex- health insurance companies on the working on, of course, that I cover in traordinarily high today, will go up other hand. That is what this legisla- my 10 steps, is health information even further. So the American people tion is really all about. That is why technology. That fits with this genome are way ahead of the Congress in get- this is so important and why it has project. I have asked many times: How ting this. With this, Mr. President, we strong bipartisan support. many of you have your medical records will be meeting their particular needs. In many respects, this is going to be with you? You know, I have yet to have I want to show this chart. Francis one of the most important pieces of anybody say they do. With the tech- Collins, for many of us in this body— health legislation we pass in this Con- nology we have in this country, every- and I think for the health commu- gress. We have other very important body ought to be able to have all their nity—is one of the great giants in health proposals, but this will make an health care and their genome on a card health research. He is the person who enormous difference in terms of the such as this, that they can carry with has been at the heart and soul of the march for progress for good health them everywhere. research on the Human Genome care. We look forward to a strong vote. Project and in understanding the power I yield the floor. If the health IT bill passed, you could of genes. He has made an absolutely ex- Mr. ENZI. Mr. President, this is an be on vacation from Wyoming out here traordinary contribution in terms of exciting day. We are going to make a in DC, and if something happened, that science and public policy. He is a tire- difference in health care for this coun- card would be readable out here. So a less advocate and a wonderful asset for try—not sick care; health care—and doctor here could know everything he all of us here in the Senate, on both this will unlock a door that will allow needs to know to fix you as well as pos- sides of the aisle, in strong support for people to get the kind of genetic test- sible. That is a step we have to have in this legislation. ing where they can tell if something health care. We are very close to get- As he points out: down the road might happen to them ting it. Discrimination in health insurance, and and prevent it, or at least weaken the The old privacy issue crops up every the fear of potential discrimination, threat- effect of it. once in a while. It isn’t a matter of pri- en both society’s ability to use new genetic As time goes on, we will find more vacy. Your privacy needs to be pro- technologies to improve human health and causes that will relate back to the ge- tected and it is protected. There is al- the ability to conduct the very research we nome and people will be able to imme- ways a problem of data security. Right need to understand, treat, and prevent ge- diately check if that new problem now, records are in hospital files and in netic disease. could relate to them and they can solve doctors’ offices, and hundreds of people That says it all. It talks about the it before it happens to them. That is can come through there. Yes, the danger, in terms of discrimination, and health care. That gets us away from records are kind of protected, but peo- also about the ability to do the re- sick care. ple can look at them, and you would search. You could be discriminated I finished a tour in Wyoming. I called never know. If it is in health informa- against in terms of your job or in it the 10 stops for 10 steps of health tion technology and somebody gets to terms of the increased costs in your care. I collected ideas from across this look at it, you will know. In order to health insurance, or if you were in- body on ways we could solve health sell health information technology, volved in research, volunteering for re- care problems in America. It is 10 companies need to be working on a search—the dangers that this kind of steps. They can be done separately. If daily basis to make sure that informa- information would be out there and they are done separately, each step will tion is secured. They are out of busi- could be used against you. get us closer to lower costs and better ness if it is not. Mr. President, I remember—and it access. If all of them are done, we will wasn’t that long ago—when we listened have every American insured. So that is not a problem, and that is to Dr. Collins. He was talking about We need to get into prevention, par- a bill we need to put through in a proc- the progress made in genetic research. ticularly of chronic illnesses, and this ess such as this. I think there is near They were talking about markers at bill will do it. Right now, people are unanimous agreement on both sides of that time. I think some of the earliest afraid to get their blood tested. Some- the aisle that needs to be passed, and progress was made in terms of devel- times they are forced to have their we ought to have the hour or hour and oping information about breast cancer blood tested. Insurance companies a half or 2 hours of debate on that and and who had the proclivity to develop sometimes want a blood test. That get that one done. Then people truly breast cancer. That was truly remark- blood test will tell far more than it could have their information on a card able. Since that time—and it has only ever did in the history of the world, they carry with them all the time. been a few years—we have seen that ex- and that can have some dire con- They could even add their own com- pand to prostate cancer, diabetes, bipo- sequences, except for this bill. This bill ments and the things they learn about lar, Alzheimer’s, schizophrenia, and will protect people. This bill, first of themselves on their card. Parkinson’s. Think of that. That list is all, ensures that if an insurance com- There is a better reason for passing it growing virtually every day. We are pany takes that test and they find out than that, though, and that is there are eventually going to be getting health anything, the person whose blood it a lot of duplication tests these days. care systems that will say: If you have was gets to find out everything. A lot You go to one provider and he says: I these kinds of diseases, we have the of times they learn nothing. That is have to do that test. It is an expensive particular targeted kind of personal- not fair. This will assure that doesn’t test. He says: Because of this test, I ized medicine to help you either re- happen. need to send you to a specialist, and cover or to protect you in terms of the Another thing that happens is some- the specialist says: It is going to take future. That is going to happen, Mr. times there is a little clause—usually so long to get that record over here, we President. It is going to happen sooner there is a clause—which says if it is a are going to do the test over again. rather than later. preexisting condition, the insurance Some of these tests are $3,000, $5,000 or This gives you an idea of how rapidly company doesn’t have to cover it. Well, $10,000. The RAND Corporation says if this kind of research is moving along this keeps that information of what we could eliminate the duplication of and how this kind of research, in the could possibly happen to you from be- tests, we could save $140 billion a year. hands of top-rated physicians and re- coming a preexisting condition until it Even in this body, that is real money.

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\BR08\S24AP8.001 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 6833 We need to do that. That would be an- appreciate all of that effort. I appre- the legislation. He marshaled this bill other step. It is just as close as this ge- ciate the effort of the Senators, the ef- through committee, and we have en- netic nondiscrimination has been for a fort of their staffs. deavored to work together throughout long time. I especially recognize the efforts of this Congress on both sides of the aisle, Of course, one of the rules around my HELP Committee staff director, in both bodies, to ensure that we would here is the first 90 percent of a bill Ilyse Schuman. The first job she had be able to be in a position in the Sen- takes 90 percent of the time, and the when she came to work for me 6 years ate to vote on this legislation. other 10 percent takes 90 percent too. ago was to work on this bill. I said it Senator ENZI has been absolutely That is where we have been on this. often takes 6 years to get an idea crucial, as well, to our success. He is But we have finally bridged the last through the Senate. I never believed the former chairman of the HELP Com- hurdle. We have gotten understanding that until I figured out that she has mittee and is now the ranking member. among all the people in this body—no been working on it 6 years. It should He helped to obtain an array of support small task—so everybody has been not take us that long to get some of from so many Americans across this speaking favorably on this bill and these ideas to stick. country, as well as organizations that with good reason. It has been a long I also thank Andrew Patzman, who is include health providers, businesses, time coming. my former health insurance staffer, and health plans, which are central to I should mention that is another who also played a major role in the de- providing a strong coalition for sup- thing we kind of do that is a little un- velopment and forward progress of this port. usual. We preconferenced with the bill. Similarly, Senator GREGG, former other side. We have already talked to I thank Shana Christrup, Keith HELP Committee chairman in 2003, has the people over there who will manage Flanagan, Brian Hayes, and Kyle Hicks worked to further the cause of defend- any debate on that side, and this bill is of my staff for their hard work on this ing Americans from genetic discrimi- going to pass the House the same way bill. In addition, I wish to thank some nation as well. it is passing the Senate. We have al- of Senator KENNEDY’s staff: Michael Together, these colleagues—and ready checked with the White House, Myers, David Bowen, Lauren McGarity, more—helped the Senate on two sepa- and it is going to be signed. So I wish and Portia Wu; also Stephanie Carlton rate occasions to overwhelmingly pass to congratulate the chairman of the of Senator COBURN’s staff, who was ab- this legislation, in both 2003 and 2005. It committee for the way he has been solutely essential; Bill Pewen of Sen- has been a long effort to realize this working on this bill. This is the way ator SNOWE’s staff; Meg Hauck of Lead- fruition today. bills are supposed to be done, in my er MCCONNELL’s staff; Jen Romans of It was a dozen years ago when I first opinion. Senator KYL’s staff, and Jay Khosla introduced this legislation to protect We have worked together on a lot of and David Fisher of Senator GREGG’s individuals from discrimination in bills, and the ones that go through staff, for their hard work. health insurance based on genetic in- committee and we work out these de- We get to come in and take the cred- formation. At that time, there were tails, wind up going through here in a it. They work on these for hours, days, several of us who recognized the tre- hurry. We have learned something from even through weekends sometimes. mendous threat posed by this practice, being in a hurry. Previously, a lot of I also thank Kim Monk, formerly of including those I have mentioned and bills that have gone through here, we Senator GREGG’s staff, and David former Senate majority leader, Sen- have let them go by unanimous voice Thompson, formerly of Senator ator Frist, and former minority leader, vote. We didn’t have the benefit of hav- GREGG’s and my own staff; and lastly Senator Daschle, who at the time cer- ing that opportunity to explain this, special thanks to Bill Baird of the Sen- tainly foresaw that the misuse of ge- consequently we haven’t gotten much ate’s Office of Legislative Counsel, and netic information would create a new publicity. If the publicity doesn’t go Pete Goodloe, formerly of the House form of discrimination. out on it, the people don’t know about Office of Legislative Counsel and now Yesterday, we attended the unveiling it. We are not interested in publicity with Chairman DINGELL’s staff, because of the portrait of Senator Daschle. One for the publicity, but we are interested their extraordinary legal drafting and of his former staffers indicated that it in people knowing what this bill does problem-solving skills and their years is appropriate that the time of that un- that will help them and that will en- of hard work helped to make this bill veiling coincides with this legislation courage them to use the genome. That possible. pending before the Senate. It was so is why we need this. I thank everybody for their work on important to him. I congratulate Senator KENNEDY for this. Today, I am certain many colleagues, all of his work on this—kind of fol- The PRESIDING OFFICER. The Sen- past and present, are delighted that we lowing the 80-percent rule. He and I are ator from Maine is recognized. are in a position today to pass this leg- able to agree on 80 percent of every- Ms. SNOWE. Mr. President, I yield islation. We are on the brink of fore- thing. Then we pick out one issue and myself such time as I may consume. stalling this discrimination before it we can usually agree on 80 percent of It certainly has been an exception- becomes firmly entrenched. that and, more importantly, we can get ally long journey to reach this point It is also important, as Senator KEN- the groups that are interested in that where we are today in the Senate. We NEDY cited yesterday, given that this to agree with that same part. If you are at least in sight of enactment of Friday is National DNA Day, which have groups out there that are oppos- this watershed legislation to prevent will mark the 55th anniversary of the ing something, the bill probably genetic discrimination. In fact, it will publication of the landmark paper de- doesn’t have a lot of chance of getting open an entirely new universe of infi- scribing the structure of DNA. Since through here. We covered quite a range nite possibilities for Americans for that breakthrough, our understanding of base between the two of us, and that years to come. of genetics has expanded exponentially. makes it possible to bring a lot of peo- I commend the majority leader for Over the past decade, our progress in ple along. making this legislation a high priority understanding genetics has been mov- I thank Senator KENNEDY, Senator for the Senate’s consideration today, ing at a dizzying pace, particularly fol- GREGG, and Senator SNOWE for their ef- as well as the minority leader, Senator lowing the completion of the Human forts to reach a bipartisan agreement MCCONNELL, for his concurrence and Genome Project in 2003. That knowl- on this bill. I particularly thank Sen- support, and my colleague, Senator edge can work either for the benefit or ator COBURN for working hard to make KENNEDY, the lead Democratic cospon- harm to individuals, as we know. this historic bill better. He did some sor and chairman of the HELP Com- Today, my colleagues are dedicated important work, working with the mittee. He has labored passionately to ensuring the meaning of the words business community, and his knowl- and tirelessly so that every American of the Hippocratic Oath to ‘‘do no edge as a doctor, to make it better. I can realize the protections embodied in harm.’’ Today, the Senate will, for the

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00033 Fmt 0686 Sfmt 0634 E:\BR08\S24AP8.001 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6834 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 April 24, 2008 third time, ban discrimination based nating must search for information on have a veritable litany of examples of on genetics. which to act. So there is no question heartbreaking circumstances where in- Passage of this legislation by the that it is a deliberate and willful effort. dividuals chose not to seek and utilize House of Representatives was 1 year For example, if you see the breast can- genetic information for fear of dis- ago, where Representative SLAUGHTER cer gene information on women, in crimination. and others worked to shepherd this leg- order to deny women health insurance I learned this from the real-life expe- islation through three committee or raise the cost of that coverage, the rience of one of my constituents more markups to an overwhelming House question of your intent seems indis- than 10 years ago. Her name is Bonnie passage of 420 to 3. The President has putably clear. It is not inadvertent but Lee Tucker. Bonnie Lee wrote me called for enactment of the legislation a willful discrimination against women about her fear of having the BRAC test to prevent this discrimination. Ninety with greater risk of breast cancer— for breast cancer, even though she has percent of Americans believe insurers women who should benefit from that nine women in her immediate family and employers should not be allowed to knowledge and intervention, they who were diagnosed with breast cancer discriminate based on genetic informa- should not be punished for it. Because and she herself is a survivor. She wrote tion. Now it is the Senate’s turn. these data must be available for such to me about her fear of having the We now have an agreement between discrimination to take place, it is clear BRAC test because she worried it the Senate, the House, and the Presi- why this legislation not only prohibits would ruin her daughter’s ability to ob- dent. Indeed, this bill represents a tri- the act of discrimination but rightly tain insurance in the future. umph of bipartisan collaboration and respects circumstances in which one Bonnie’s experience certainly dem- truth. Although there was broad agree- may request a genetics test or possess onstrated how our expanding knowl- ment in principle to protect individ- an individual’s genetic information. edge of genetics could truly be both uals from discrimination, some debated That is all the more critical today be- beneficial and harmful. I recognize we the language in our bill, taking issue cause there is an ever-expanding uni- simply must act to prevent the latter. with whether it would affect the policy verse of such genetic data, information Bonnie Lee is not the only one who that was intended. We have listened to which could be utilized to improve has had that fear, as we all learned. the concerns, and we worked with them health, reduce costs, and to extend Most disturbingly, when the National and responded. I thank, in particular, lives. But it is absolutely useless if it, Institutes of Health offered women ge- Senator COBURN for working with us in instead, discourages individuals from netic testing, nearly 32 percent of those a collaborative fashion to resolve these either participating in vital research or who were offered a test for breast can- issues and to allow the debate to pro- realizing the remarkable benefits that cer declined to participate, citing con- ceed and finally vote on final enact- research is producing. cerns about health insurance discrimi- ment of the legislation. Just a few years ago, it was virtually nation. That is a sad commentary Too much is at stake to create uncer- impossible to find genetic information today when we cannot maximize the tainty and ambiguity. The protections on which to discriminate. You might value of scientific progress, we cannot we enact must be effective. Having be asked if you had a family history of apply it to those who would benefit worked closely with both House and a disorder. Today, the medical and sci- most. Senate colleagues, the legislation is entific landscape has changed dramati- We have documented cases where nearly identical to the legislation cally, and our laws must change with some attempted to mandate genetic passed in the House. We have addressed it. We have long known about a small testing. Even when this is designed to the remaining concerns that were number of genes that play a role in improve the delivery of health care, it raised by many, including the adminis- some diseases, such as Huntington’s must be recognized that once that in- tration. I think it did not change in disease and the early onset of Alz- formation is disclosed and is unpro- any way. The fundamentals of this leg- heimer’s. Yet the progress of discovery tected, a future employer or insurer islation, in fact, probably acted to im- and study was maddeningly slow and may not necessarily apply that infor- prove it in some categories. We have tedious. The Human Genome Project mation in such a benign way, as we clarified that entities could commu- changed all of that. have all learned. nicate genetic information consistent Today, with new technology, we are Yet we have recognized that if an in- with the HIPAA privacy regulations, witnessing an explosive increase in our dividual accepts a genetic test, they the Health Insurance Portability Ac- understanding of genetics and human may be able to take action as a re- countability Act. We worked to ensure health. That growing genetics knowl- sult—preventing disease or premature that health plans may continue to uti- edge offers the historic potential of death in the process or also reducing lize the presence of actual manifested cures and customized therapies. Even the burden of high health care costs. diseases and issue rating coverages. more promising, genetic advances will I recall the testimony before Con- That is the case today. We don’t enable us to actually prevent the devel- gress, as Senator KENNEDY, of Dr. change that. opment of diseases. But this potential Francis Collins, the Director of the Na- We are at the threshold of a new era, and the billions spent in discovering tional Human Genome Institute. He without question. For the first time, genetic relationships and the develop- has been such an extraordinary leader we act to prevent discrimination before ment of treatments and preventive in helping us realize the critical role it has taken firm hold. That is why this agents will certainly be in vain if genomics will play in human health legislation is unique and Americans don’t choose to access these and the arena beyond. groundbreaking. In the past, Congress advances. To do so, Americans must In speaking of the next step for those has acted to address discrimination, agree to undergo genetic testing. There involved in the genome project, he ex- but with this bill we are making a are more than 1,100 genetic tests today. plained that the project scientists were statement and taking a stand and say- So that only tells you the exponential engaged in a major endeavor ‘‘to un- ing that we look to the future, and ge- growth that will be created and occur cover the connections between par- netic discrimination will not be al- in the future. Would you undergo that ticular genes and particular diseases to lowed to flourish, take root, and stand testing if you knew the information apply the knowledge they had just un- between Americans and the vast poten- about your genetic makeup could be locked.’’ tial that genetic information can pro- used against you to deny you employ- In order to accomplish this, Dr. Col- vide for the greater quality of life. ment or health coverage? lins said: Genetic discrimination is based on Mr. President, some say that kind of We need a vigorous research enterprise the unchangeable. By its nature, the discrimination is but a future possi- with an involvement of a large number of in- basis on which one discriminates, with bility, that we can afford to wait until dividuals so we can draw the most precise respect to genetics, is not readily ap- genetic discrimination becomes mani- connections between a particular spelling of parent. In fact, the individual discrimi- fest. But it already has done so. We a gene and a particular outcome.

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00034 Fmt 0686 Sfmt 0634 E:\BR08\S24AP8.001 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 6835 It is undeniably evident that this ef- when necessary to diagnose or treat an problem before us, that it is essentially fort cannot be successful if people are illness. This is a distinction that begs a solution in search of a problem. fearful of possible repercussions from our acknowledgment as we discuss pro- The bottom line is this legislation their participation in genetic testing. tecting patients from potential dis- will prevent and preempt harm. They The bottom line that given the ad- criminatory practices by insurers. will recognize in the final analysis, vances in science, there are two sepa- On the subject of employment dis- given the open-ended, infinite possibili- rate issues at hand. crimination, unlike our legislative his- ties that will be created by genetics, The first is to restrict discrimination tory on debating privacy health mat- that if we provide these protections, in- by health insurers. The second is to ters, the record regarding protecting dividuals will have the incentive to in- prevent employment discrimination genetic information from workplace creasingly avail themselves of medical based simply on an individual’s genetic discrimination is not as extensive. To knowledge which will not only improve information. Some of us saw this dan- that end, our bipartisan bill creates their health, but actually reduce ger and the harm it can pose to mil- these protections in the workplace, and health care costs. lions of Americans, and that is why there should be no question that great The fact is, for employers who have more than a decade ago, Representa- harm can occur when genetic informa- had concerns about this legislation, tive LOUISE SLAUGHTER and I intro- tion is used inappropriately. they should also recognize how it will duced legislation in our respective bod- As demonstrated by the Burlington significantly reduce health care costs. ies to ban discrimination in health in- Northern case, the threat of employ- Isn’t it essential to utilize our invest- surance. At that time, the completion ment discrimination was very real and, ments in advancing medical knowledge of the human genome seemed to be in therefore, it was essential that we take to prevent disease, disability, or even the very distant future. But the science this information out of the realm of death? To the contrary. The fact is we has certainly outpaced congressional employers’ reach before the use of this need the incentives to ensure individ- action. As we know and as mentioned information becomes more widespread. uals will use genetic testing. So to that in the Senate on two different occa- In that instance, employees were test- end, IBM pledged a few years ago not sions, we passed this legislation unani- ed without their knowledge of what the to use genetic information in hiring mously on the floor of the Senate. Un- testing was going to be used for. Ulti- practices and deciding eligibility for fortunately, we could not get it be- mately, it turned out it was for carpal health insurance coverage. This, again, yond. So here we are today on the tunnel syndrome. But there was no way demonstrated admirable understanding verge of doing it once again. This legis- they were required, mandated by the of how such discrimination can harm lation does reflect the bipartisan bi- employer to undergo that testing. both the individual and business, and cameral efforts we are entering into: a In this aspect, the Congress has to IBM has found that policy works. new era of human health, that we have provide the protections to ensure that It has been more than 6 years since engaged in this process mightily over these discriminatory actions do not be- the completion of the working draft of the last 16 months to forge an even come widespread. On this aspect, the the human genome. Like a book which stronger consensus on the fundamental Congress has substantial employment is never opened, the potential of our agreements of genome. case law and legislative history on expanding genetic knowledge will not Since the time of the introduction of which to build. Indeed, as we consider be realized unless individuals can take our first bipartisan bill in the Senate, the remarkable growth in genomics advantage of it without adverse con- we have worked to reiterate the agree- and the harm which could result with sequences. ments on which this legislation is its use, we agree we must extend cur- The pending legislation is a shining based and to build an even stronger rent law discrimination protections to example of what we can accomplish foundation for this legislation, for fun- genetic information. when we set aside our partisan dif- damental to this bill is establishing We reviewed the current employment ferences. In fact, we achieved remark- strong protections, both in health cov- discrimination code and decided what able success in this endeavor. I stated erage and in employment, without un- remedies would be available for in- this earlier. The House of Representa- raveling established law. stances of genetic discriminations and tives passed it by 420 to 3. That is an With regard to health insurance, the if they would differ for those available extraordinary tally reflecting, I think, issues are clear and familiar. The Sen- in other instances under current law, the broad-based support this legisla- ate debated them previously in the such as the Americans with Disabil- tion enjoys. context of consideration of larger pri- ities Act, which are enforced by the Today 46 Members of the Senate—Re- vacy issues. Indeed, as Congress consid- Equal Employment Opportunity Com- publicans, Democrats, and Independ- ered what is now the Health Insurance mission. ents—are sponsors of this legislation Accountability and Portability Act of As a result, the pending legislation and a broad coalition of the Genetic Al- 1996, we also addressed the issues of creates new protections by paralleling liance that includes more than 600 privacy of medical information. current law and clarifying the recent member organizations. Moreover, any legislation that seeks remedies available to victims of dis- We are at a historic crossroads on a to fully address genetic discrimination crimination. Ensuring that regardless paramount issue that can make the dif- must consider the interaction and new of whether a person is discriminated ference between life and death for protections with HIPAA. In fact, our against because of their religion, their countless Americans. People deserve to legislation uses the exact same frame- race, or their DNA, individuals will all have protections from genetic discrimi- work. As this bill makes clear, we do receive the same protections under the nation, and this legislation deserves not create an onerous burden in record- law, as they should. swift enactment in the Senate. keeping. Specifically, we clarify the Some have been concerned that de- As science and medicine hurl head- protection of genetic information, as spite clear prohibitions and reasonable long into the 21st century, we have a well as information on the request or remedies and penalties in disputes, responsibility to ensure our laws keep receipt of genetic tests from being used there will be incentives to seek greater pace to ensure the benefits of this ex- by an insurer against an individual. or lesser penalties justified under stat- traordinary era of advancements that That is key because we must recognize ute, and the legislation defines those can be realized by everyone without that genetic information only detects boundaries. It will be the presence of penalty. the potential for genetically linked dis- these prohibitions and penalties which Mr. President, I yield the floor. ease or disorder and does not equal a will ensure we do not see a growth in The PRESIDING OFFICER (Mr. diagnosis of a disease. genetic discrimination. Indeed, I be- SALAZAR). The Senator from Con- At the same time, it is also credible lieve some who have questioned the ne- necticut. that this data be available to doctors cessity of this legislation may continue Mr. DODD. Mr. President, I rise to and other health care professionals to do so, pointing to no overwhelming address this issue as well. Before she

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00035 Fmt 0686 Sfmt 0634 E:\BR08\S24AP8.001 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6836 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 April 24, 2008 leaves the floor, I commend the Sen- recognize his contribution as well, as a search because they fear discrimina- ator from Maine who has been long in- former Member of this body whose tion by an employer or by an insurance volved, going back more than 10 years work enabled the Senate to achieve company. Indeed, surveys have repeat- on this issue. I had the privilege join- passage of this legislation in previous edly shown that Americans do fear the ing with her 10 years ago as a cospon- Congresses. possibility of genetic discrimination. sor of legislation in 1997. This is a col- Many of us on both sides of the aisle They are afraid of losing their jobs or league who has been deeply involved in saw the need years ago for legally en- health insurance coverage because this issue for a long time. I recognize forceable rules to maximize the poten- their employer or insurance company her early contribution to this debate. I tial benefits of genetic information and learns of a genetic risk for a disease, a thank her for her comments. to minimize its potential dangers. But disease they do not currently have or I rise today to express my strong sup- despite passage of the legislation in the may never get at all. The fact you have port for the Genetic Information Non- Senate twice and the House once, it is a predisposition does not in any way discrimination Act—better known as still not the law of the land. Up until guarantee it is going to happen. It is GINA—to urge its speedy passage by today, passage of this legislation has merely a predisposition. Yet that infor- this body. When I first joined Senator been blocked by one Senator. While I mation, obviously, could affect the cost SNOWE in the fight for passage of this am heartened that efforts to obstruct of insurance available to you if insur- legislation, our Nation was at the dawn passage of a bill so widely supported in ance is available at all or whether you of a burgeoning genetic age, a time the House and the Senate have been were going to get that job you would when we could only dream of the tech- overcome, I am disappointed that the like to have. Many people are also nologies that would exist 10 years valuable protections provided by this afraid of affecting their children’s abil- later. Those genetic technologies are legislation were denied to the Amer- ity to get jobs or obtain insurance. here now and here to stay. ican people until now. So without adequate protections Genetic testing and genomic services In the decade that has passed while against discrimination, people may are being advertised directly to con- this legislation has been pending, the forgo genetic testing, even in cases sumers even as we speak. sequencing of the human genome was where the results have the potential to These ads are hard to read, but I am completed, yielding a dizzying number save their lives or the lives of their going to try to hold them up for people of discoveries about genes associated family. to see. Maybe others have put up simi- with diseases and accelerating genetic Our genetic code is the most personal lar ads. Here are some of the advertise- research. Scientists are finding that of all information. We do not yet fully ments that appear in local newspapers nearly all diseases, including common understand what it can reveal about us that advertise services. One is for $99. I diseases, such as diabetes and heart as individuals and about whom we may don’t know what the cost is on this disease, have a genetic component. De- or may not become. All Americans one. It is a BRAC analysis dealing with termining the underlying genetic com- have the right to use this information breast cancer. These are a few ads to ponents of disease is fueling the devel- to make better health care decisions show what is happening across the opment of new treatments and cures. and not fear for its misuse. country. As an aside, years ago, at Yale Med- The potential for misuse, of course, is This is good news, but also dangerous ical School, I attended a briefing by very real. State laws provide only a in some ways because people are mak- the professionals there. They were mixed bag of safeguards, leaving inad- ing decisions about their conditions doing studies on young girls, deter- equate or no protection at all against and their futures sometimes based on mining in twins the ability to detect discrimination for many of our fellow very shoddy information. It is trou- very early on a genetic predisposition citizens. Existing Federal protections bling to me people are being drawn into to breast cancer. A remarkable break- against genetic discrimination under this situation without understanding through was occurring with the won- the Health Insurance Portability and the full implications. derful news that we could possibly Accountability Act or the Americans Genetic testing and genomic services moderate lifestyles and improve them with Disability Act are inadequate to are being advertised, as I said, to con- accordingly to avoid the onslaught of comprehensively protect against mis- sumers. So the need for this legislation that dreaded disease. Obviously, there use of genetic information. has never been greater. This is a very were concerns as well about such infor- That is why this bill is so important, important moment for us to act. mation becoming available without and why, again, the authors of it, the I also wish to take a moment to com- adequate protections with respect to early sponsors of it, deserve great com- mend the leadership of Senator SNOWE insurance and employment opportuni- mendation by all. It would provide sig- who, as I said earlier, was involved in ties as well as the conclusions people nificant protections against the misuse this issue early on. Also, Senator PETE might make as a result of that infor- of genetic information by health care DOMENICI. He and I were involved with mation. But, nonetheless, I was very providers and employers, ensuring that a bill in 1997 as well, about the time I impressed with the work being done all Americans will not lose or be denied joined Senator SNOWE on her legisla- years ago in this whole area of identi- health insurance, jobs or promotions tion. Senator DOMENICI was very inter- fying the genetic components of dis- based on their genetic makeup. ested in this subject. And, obviously, I eases. Specifically, it prohibits enrollment commend the work of Senator KEN- Additionally, genetic tests for hun- restriction and premium adjustment on NEDY and Senator ENZI. Their leader- dreds of disorders are already avail- the basis of genetic information or ge- ship and skillful negotiations have al- able, with many more in the pipeline. netic services. It prevents health plans lowed for passage of this legislation. I Some of these tests predict the likeli- and insurers from requesting or requir- commend Senator HARRY REID, the ma- hood of developing a disease or condi- ing an individual take a genetic test. jority leader, as well for his support tion, providing unique opportunities With respect to employment discrimi- and commitment to the passage of this for interventions that may delay the nation, the legislation prohibits dis- legislation. While he is no longer a onset or wholly prevent that disease crimination in hiring, compensation Member of this body, I commend Sen- from occurring. In the not-so-distant and other personnel processes and pro- ator Tom Daschle, who was very inter- future, routine use of genetic informa- hibits the collection of genetic infor- ested in this subject matter and offered tion is going to give doctors an unprec- mation. The legislation protects each legislation as a Senator, also as leader. edented ability to tailor treatments to and every one of us because we all po- While we recognized his contributions the individual patient. tentially have a genetic makeup that a day or so ago with the hanging of his However, the potential benefits of makes us more susceptible to some portrait as a former leader of this such advances in medicine will not be kind of an ailment, and that possibility body, he was deeply involved in this realized if people refuse genetic testing should not be an obstruction to an in- issue, and I would be remiss if I did not or do not participate in genetic re- surance policy or a job.

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00036 Fmt 0686 Sfmt 0634 E:\BR08\S24AP8.001 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 6837

While this legislation represents an April 2003 marked a scientific dis- I am pleased that Senators KENNEDY enormous step forward and is a vast covery significant enough to transform and ENZI recognized this and exercised improvement over current law, many both science and society. April 2003 leadership in bringing everyone to the remain concerned about the measure’s brought the announcement that a vast table to get a solution that everyone privacy protections, and we intend to team of scientists had determined the could support. That’s the kind of trans- continue monitoring them over time. exact sequence of the human genetic parency and debate that the American Specifically, the legislation imposes code and placed that information in people deserve. important limitations on the collec- public databases. This is an achieve- Today’s Senate passage of GINA tion of personal genetic information by ment the last generation could only marks a significant step forward so insurance companies, but it would still dream about. that the American people may fully allow them to collect such information Scientific understanding of the links benefit from the promise of genomics without consent once an individual is between genes and disease will soon and personalized medicine. GINA re- enrolled in a health plan. While insur- give rise to a flood of new answers and moves the barriers to the full potential ance companies are expressly prohib- cures for those that suffer from dis- of personalized medicine. ited from using this information for ease. We are on the cusp of a new, un- Mr. ENZI. Mr. President, I yield 5 the purposes of underwriting, frankly, I precedented era of personalized medi- minutes to the Senator from Kansas. remain concerned, once this informa- cine. The PRESIDING OFFICER. The Sen- tion is collected, it may be difficult to As a practicing physician, I look for- ator from Kansas is recognized. control how it is used and who has ac- ward to the better care and cures that Mr. BROWNBACK. Mr. President, I cess to it. As we have seen with numer- I’ll be able to give my patients with thank my colleague, Senator ENZI, for ous high-profile data breaches at the new technology developed from the use his work, the chairman for his work, Veterans’ Administration and the Na- of genetic information. and I particularly recognize Senator While there have been very few docu- tional Institutes of Health, the greater SNOWE. I know Dr. Francis Collins, mented cases of genetic discrimina- the number of people who have access head of our Human Genome Project, tion, GINA will eliminate the fear of to information, the greater the chal- and the key thing he has talked about genetic information. All Americans lenge of protecting that information. from the outset of it was the need for need to know that their predictive ge- As this bill becomes law—and I genu- this type of legislation which Senator netic information—that they have no inely hope it will and am confident it SNOWE has championed for a long time. ability to change or control—will not will—all of us will be following the im- I am delighted to see it passing here. be used against them in health care plementation and the extent to which There is strong support for it. and employment decisions. it ensures privacy is protected. We will I want to particularly point out a These protections will finally be en- provision in the bill that was added on not hesitate to revisit the issue in the acted with the passage of GINA today the House side by Representative BART future, as I suspect we may have to. in the Senate, House passage to follow, I am the author of the Newborn STUPAK from Michigan, that would pre- and then finally a bill that can be vent the use of genetic information Screening Saves Lives Act, along with signed by President Bush. from unborn children and children in my colleague Senator HATCH of Utah, Appropriately drafted legislation is the process of being adopted. We can which the Senate passed unanimously an important key to unlocking the tre- last December and is expected to be mendous potential to save and improve see a situation where somebody would signed into law by the President in the lives through the exciting field of med- apply for work, a lady who is pregnant, coming days. In fact, I am told that ical genomics. GINA has long been a bi- the child has Down syndrome, and that might occur today. This legislation partisan vision. information being used against her in would expand and improve the number I want to be crystal clear that I have being able to get employment. That is and quality of screening tests for ge- supported the vision of GINA in the built within the bill and I am delighted netic and metabolic conditions offered past, and I will support it again today. that is in there so we do not have that to newborns, which I feel so strongly While I did place a hold on GINA for type of discrimination taking place as about, throughout our country. These a while, that hold meant we weren’t well. tests are critical because if a newborn finished crafting the legislative lan- I have spoken previously about the tests positive for one of these rare con- guage on GINA. I reserved my right to very real pressure that exists in these ditions, treatment must begin imme- debate and perfect it—after taking the types of situations, where people get a diately to prevent a lifetime of dis- time to read and understand the lan- Down syndrome designation and then ability or even death. Because many of guage of GINA and the House action on the pressure in the system to abort the these conditions are genetic, the pro- GINA. child. Senator KENNEDY and I have a tections guaranteed under this bill are It is like working on an appropria- bill that I am hopeful we will be able to critical to preventing discrimination tions bill—I support funding the gov- get passed on nondiscrimination taking against these infants and their families ernment but that doesn’t mean I sup- place in these situations, getting more by insurers or employers. port throwing $3.1 trillion into it. information out to the parents and an The newborn screening legislation There is some work that has to be done adoption registry of people who want authored by Senator HATCH and myself, before we send a bill to the President. to adopt Down syndrome children, who possibly signed into law today, will be As lawmakers, we have the responsi- want to adopt children who have these enhanced tremendously by the adop- bility to make sure we write laws that difficulties. tion of this legislation because several do exactly what we’re telling the At the same time, I think we need to of those tests, as I said, are genetic. So American people they do. I feel con- know that today there is a real tragedy it is my strong hope GINA will be sent fident that today’s version of GINA on a massive scale going on in the to the President for his signature. does that. country of genetic discrimination. Again, my compliments to Senators I would note that when we finally That is happening today in this coun- KENNEDY and ENZI and their staff for started negotiating the substance of try. We know that, today, 90 percent of the work they have done on this, and, my concerns with GINA, we were able the women who are pregnant with of course, to Senator SNOWE for being a to get them resolved in 2 weeks. That Down syndrome children, once they get pioneer years ago in this area. was a much faster and more effective that genetic designation of the child, With that, I yield the floor. way of getting GINA done than what the child will not be allowed to live—90 Mr. COBURN, Mr, President, I am we’ve seen over the last year—slan- percent is the level that is taking place pleased that we have finally reached an dering my reputation in the media and there, of that genetic information and agreement on the Genetic Information trying to slip the unfinished version of its use. The numbers are similarly high Non-discrimination Act, GINA, and GINA into last minute appropriations for prenatally diagnosed children with that it will soon become law. bills. spina bifida, cystic fibrosis, and

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00037 Fmt 0686 Sfmt 0634 E:\BR08\S24AP8.001 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6838 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 April 24, 2008 dwarfism. It has all been well docu- its bill last year by an overwhelming discoveries do not take advantage of mented by the American Journal of margin of 420 to 3. Tomorrow will mark them. Medical Genetics and the journal Pre- 1 year since that House vote. It is my Just this week, a new report revealed natal Diagnosis. So we have an in- hope that today, the Senate will pass the poor health status of Americans. crease in genetic testing, up to 120 dif- this bill by a substantial margin as Our health status is worse than it ferent tests, and then a number of well. should be, and our health care costs are these children in this situation not Years ago medical researchers began far higher than they need to be because being allowed to live. to discover the vast array of personal we are not taking advantage of the It is a bit personal with one of my health information that could be deter- technology available to us to fight dis- staff members. Stacey Cervenka is here mined through genetic testing, with ease. Passage of GINA will help change with me, who was born blind and is the discovery of the human genome. By that. concerned that in the future our chil- decoding the human genome, scientists The Health Insurance Portability and dren are going to be prenatally diag- have identified many of the gene se- Accountability Act of 1996 took some nosed as being blind, deaf, and not al- quences associated with disease, lead- important first steps to protect em- lowed to get here. I do not think that ing to new knowledge about the under- ployees and health consumers from dis- is the kind of country we want to be in. lying causes of illnesses. crimination along these lines, but cur- That is why I am so happy this bill is Last November, Duke University re- rent law does not go far enough. For passing, so we do not have genetic dis- searchers announced the discovery of example, now, employers may require crimination of people. I think it should 200 ‘‘silenced genes,’’ a unique group of clinical genetic tests as a qualifier for extend to the full range of a lifetime of genes that they believe play a profound employment. Passage of GINA will genetic discrimination. That is why I role in health status. These are genes change that also. have offered a bill with Senator KEN- that may increase the likelihood that a Most State legislatures have taken NEDY to partially address this issue, person will develop mental illness, can- action to prevent health insurers from the Prenatally and Postnatally Diag- cer, diabetes, or other major diseases, discriminating based on genetic test- nosed Conditions Awareness Act, to en- or they may serve to prevent the devel- ing. My State of Maryland, for exam- sure families get the necessary infor- opment of certain diseases. There are ple, prevents individual and group mation in these situations and also the approximately 1,000 different tests health insurance policies from estab- connection to the help and support available now, and private insurers are lishing rules for eligibility based on ge- services they need. It also provides for beginning to include some clinical ge- netic information. Insurance compa- national registry for those willing to netic tests as part of their health in- nies are not permitted to require appli- adopt children with these conditions. surance benefits packages. cants or enrollees to take genetic tests We all should be concerned when Genetic testing holds extraordinary or provide genetic information, or can one’s genetic information is being used promise for individuals and for the doc- they use genetic information for risk for discrimination. We know we are tors who treat them. It allows us to selection or for determining health in- better than that as a society. The real identify the predisposition to develop a surance rates. Maryland law also pro- question is whether every life at every certain disease. It allows us to decide hibits insurance companies from dis- stage and every place has that value which medical specialists to seek out, closing information without the in- and is worth protecting and fighting which preventive screenings to begin formed consent of subscribers. Many for. I think it is. I think we as a body earlier than standards may recommend other States have passed similar laws. believe that. One’s genetic composition for the general population, which signs But because of ERISA pre-emption, does not determine one’s value. Those and symptoms of illness to be particu- millions of other Americans who are with disabilities have the same inher- larly alert to, and which diagnostic or not protected by State laws still need ent human dignity and value as every- predictive testing to pursue even when our help. ERISA plans—those that are one else. Genetic discrimination symptoms may not be present. It can not fully insured but are instead self- against anyone is unacceptable, par- be extremely helpful in cases, such as insured and regulated by the Federal ticularly those who are next genera- Huntington Disease, where gene test- Government—are not covered by State tion, our children. ing is necessary to make a certain di- laws. In Maryland, nearly 40 percent of I might add, as a close, that as re- agnosis. It also allows health care prac- insured workers have health insurance ported this week, the Governor of Alas- titioners to make informed decisions coverage that is not protected against ka, Governor Sarah Palin, gave birth about the optimal medical care to pro- genetic discrimination. to a child named Trig, who happens to vide a patient with an inherited dis- Nationwide, the numbers are even be a Down syndrome child. I wish to ease. And beyond the patients them- larger. According to the Employee Ben- share what she said on this occasion: selves, genetic testing can help predict efit Research Institute, nearly 55 per- Trig is beautiful and already adored by us. the risk of disease to parents, siblings, cent of all workers are covered by a We knew through early testings he would and children. self-insured health plan, and in larger face special challenges, and we feel privi- Over the years, Americans have come firms, those with 5,000 or more employ- leged that God would entrust us with this to realize what these developments ees, 89 percent of workers are covered gift and allow us unspeakable joy as he en- tered our lives. We have faith that every would mean for them. Unfortunately, by self-insured arrangements in 2006, baby is created for good purpose and has po- at the same time we also began to real- up from 62 percent in 1999. So just in tential to make this world a better place. We ize that genetic testing can be used the last 8 years, we have seen substan- are truly blessed. against us in the workplace and by tial increases in the number of workers What a great thought for all of us. health insurers. For example, the re- who are subject to genetic discrimina- I yield the floor. sults of the BRCA–1 test for breast can- tion in health insurance, even though Mr. CARDIN. Mr. President, today is cer can be used to deny employment to the States where they live and work a groundbreaking day for millions of a woman or to refuse to issue her com- have taken steps to outlaw it. That is Americans and for the future of health prehensive health insurance coverage. another of many reasons why passage care. I am pleased to strongly support And so it is completely understandable of this bill today is necessary. the Genetic Information Nondiscrimi- that patients decline tests that could We know that the medical tech- nation Act of 2007, a bill that I am provide them life-saving information nology exists to help us defeat deadly proud to be an original cosponsor of. because they fear discrimination. and debilitating illnesses. It is time for I also want to recognize the out- What a waste of resources and med- Federal law to change so that Ameri- standing leadership of Senator SNOWE ical information if, after all the work cans are free to use this technology. and Congresswoman LOUISE SLAUGH- done by biomedical research and sup- In the 109th Congress, while I was TER, who have been working on this ported by billions of our dollars, the still a Member of the House of Rep- bill for many years. The House passed people who can benefit most from these resentatives, the Senate passed this

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00038 Fmt 0686 Sfmt 0634 E:\BR08\S24AP8.001 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 6839 legislation unanimously. I urge my col- have at our grasp the ability to make that obligation includes ensuring that leagues to join me in strong support of stunning breakthroughs in medicine by no American is denied health care be- this bill today and provide the Amer- looking inside ourselves, to our own cause of their DNA. ican people with the protections they genes. With the incredible advances in We do not determine our own DNA. need to receive the quality health care modern medicine resulting from our We are born with it. We cannot allow they deserve. new understanding of, and ability to discrimination on the basis of such a Mr. LEVIN. Mr. President, I support analyze, our own genes comes great re- fundamental aspect of life and one in the Genetic Information Nondiscrimi- sponsibility. which we had no choice. Beyond the nation Act. Medical science has made Genetic information about an indi- genes that set the backdrop for our amazing progress over the past century vidual could be used for great good: it physical existence, we are, each of us, and a half, and I hope that we can pass could hold the keys to identifying the unique beings with the freedom to this legislation, which will allow our best way to treat each person for their choose our paths in life. We must not nation to harness the promise of per- illnesses. However, we must be careful allow the use of genetic information to sonalized medicine through an under- to guard against the use of this infor- constrain our freedoms. standing of individual genomes, while mation to discriminate against those The Genetic Information Nondis- ensuring that Americans are protected of differing genetic compositions. It crimination Act provides essential pro- against the misuse of such powerful would be absolutely unacceptable, for tections to preserve our individual knowledge. example, for an employer to use ge- freedom and protect our rights. I sup- The past 140 years have marked an netic information in making hiring de- port this bill and I hope that it will re- increasingly frequent series of sci- cisions or determining pay. Likewise, ceive speedy passage in the House of entific breakthroughs regarding that it would be unconscionable to allow in- Representatives and that the President intricate and vital component of life surance companies, whose business will act quickly to sign this critical called deoxyribonucleic acid, or DNA. combines both health and risk assess- legislation. In 1869, Friedrich Miescher found the ment, to utilize genetic information Mr. REID. Mr. President, passage of microscopic substance that would come for the purpose of denying coverage for, the Genetic Information Nondiscrimi- to be called DNA within the nuclei of or charging higher rates to, an indi- nation Act, GINA, is the culmination cells. In 1952, Alfred Hershey and Mar- vidual merely because of that person’s of many years of work. This effort tha Chase confirmed that DNA plays a unalterable building blocks of life, began over a dozen years ago and would role in heredity. The following year, their DNA. not be possible without the work of James Watson and Francis Crick used Probabilities and statistical meas- many Members on both sides of the images produced by Rosalind Franklin ures derived from analysis of the aisle. to propose what many believe to be the human genome may be able to help us Senator Daschle worked tirelessly on first accurate model of the structure of to be proactive and preventive in car- this legislation during his time as DNA, the now-familiar double helix. In ing for patients. However, we must not Democratic leader. Senator Jeffords 1977, Fred Sanger boosted the ‘‘phi X’’ allow discrimination on the basis of was also a dedicated champion of this bacteriophage into the limelight by that information. There is always the bill. Passage of this legislation today making it the first organism to have chance that an individual will never would not be possible without the per- its genome sequenced. develop a particular disease and, there- severance of the bill’s sponsors, Health, With the advent of genome sequenc- fore, never incur the cost of treating Education, Labor and Pensions, HELP, ing came the need for a common loca- the disease that never developed. It Committee Chairman KENNEDY, HELP tion to store all that information. Ef- would be unjust to force an additional Committee Ranking Member ENZI, and forts to develop the Los Alamos Se- burden upon an individual as a result Senator SNOWE. Senators DODD and quence Database, which was estab- of the potential, as opposed to the fact, HARKIN have also been central to this lished in 1979, led to the establishment of developing a particular disease. effort. Congresswomen SLAUGHTER and in 1982 of the GenBank to store genome Unfortunately, the risk of discrimi- BIGGERT along with Congressmen MIL- sequences, which was jointly funded by nation is real. Our history has shown LER, DINGELL, and RANGEL have been the National Institutes of Health, NIH, us that some employers have discrimi- leaders on this issue in the House. the National Science Foundation, NSF, nated on the basis of a range of imper- Thanks to their collective commit- and the Departments of Defense and missible categories. As a result, Con- ment to GINA, this crucial piece of leg- Energy. gress has passed laws such as the Civil islation is finally on the verge of be- In 1990, the Human Genome Project, Rights Act, CRA, the Americans with coming law. a bold new international collaboration, Disabilities Act, ADA, and the Age Dis- I also want to acknowledge the Coali- was established. While there is more crimination in Employment Act, tion for Genetic Fairness and the many work to be done, by about February of ADEA. These laws have made signifi- other organizations representing pa- 2003, approximately 92 percent of the cant steps in reducing discrimination tient groups, medical professionals, human genome had been sequenced. As in employment, but problems remain scientists, researchers, families, and scientists discover more about the and Congress continues to work to pass employees who advocated tirelessly on human genome, we learn more about additional antidiscrimination legisla- behalf of the protections offered by this disease and illness. Understanding the tion to expand those protections. legislation. They never let us forget relationship between our genes and dis- Likewise, the economics of the about the urgent need to enact GINA ease has already led to improvements health insurance industry, in its cur- and the dire consequences of neglecting in screening, diagnosis, treatment, and rent form, demand that Congress act to this issue. even prevention where possible. In 2006, pass legislation to protect individuals There are too many individuals and George Church announced the Personal from being discriminated against, per- groups to mention by name, but I do Genome Project, which seeks to record haps because their DNA indicates a want to single out one individual in the complete genome of each volun- possible disease or disorder that the in- particular. Dr. Francis Collins, Direc- teer. The ability to unlock an individ- surance provider would rather not tor of the National Human Genome Re- ual’s genome could, combined with the cover. Or perhaps merely because peo- search Institute, has been an impor- knowledge developed through genetic ple with certain genetic markers might tant voice in this debate. Dr. Collins’ research, allow for personalized medi- require more attention and care—and groundbreaking work in advancing the cine to a degree that would have been therefore represent a higher cost to the science of genomics has led us to pow- unheard of only years ago. insurer—than others. I believe we have erful new insights into the links be- Though there are many diseases we a moral obligation as a Nation to en- tween genes and common diseases such do not yet fully understand and though sure that all Americans have access to as diabetes, cancer, multiple sclerosis, much additional research is needed, we quality, affordable health care. Part of and Crohn’s disease. He has dedicated

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00039 Fmt 0686 Sfmt 0634 E:\BR08\S24AP8.001 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6840 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 April 24, 2008 himself to securing Federal protection The House will soon take up and pass that of her 24 female relatives, 13 have against genetic discrimination so that this legislation, and I urge President developed breast cancer. She decided to the American people do not have to Bush to sign this bill into law. pay out-of-pocket and be tested for fear discrimination because they have The PRESIDING OFFICER. The Sen- BRCA–1 anonymously. She tested posi- had genetic tests or participated in ge- ator from Massachusetts. tive, had a prophylactic double mastec- netic research. Mr. KENNEDY. Will the Chair let me tomy, and plans to have her ovaries re- Every one of us stands to benefit know when I have 30 seconds left? I moved in the near future. Paula and from this landmark legislation. Ge- yield myself the remaining time. her husband opened their own com- netic research is advancing at a re- Mr. President, I thank Senator puter business but were prepared to markable pace. The sequencing of the BROWNBACK for reminding us about our abandon their plans unless they could human genetic code has already al- bill dealing with Down’s syndrome. It get a group health plan for their two- lowed doctors to develop better ways to is a very worthwhile effort and one person company, because they knew diagnose, prevent, or treat some of the that is enormously compelling. I give she wouldn’t qualify for individual in- most dreaded diseases known to man. him the assurance we want to work surance based on her BRCA–1 status. In 2007 alone, researchers discovered very closely with him. We are trying to Her concern now is for protection more than 70 gene variants associated get a counterpart in the House of Rep- against discrimination for her two with common diseases such as diabetes, resentatives and trying to get this young daughters, Audrey and Anna, cardiovascular disease, and cancer. done during this session. We thank him who will someday have to make the Each of these discoveries suggests new for his strong leadership in that area. difficult decision about being tested. If options for both the treatment and pre- He has been working on it for a long GINA is passed, Audrey and Anna vention of these diseases. However, time. would not have to fear losing their these exciting advances are being Mr. President, we are in a new era of threatened by fears of genetic discrimi- the life sciences, and the truth of that health insurance based on a BRCA–1 nation. statement can be seen in fields from test result. Judith Berman Carlyle, a 48-year-old This concern has been communicated medical imaging, to new biologic drugs woman with a family history of ovar- to me in hundreds of meetings, letters, and even to the use of DNA technology ian cancer, was afraid that she and phone calls from constituents. to improve our environment and reduce wouldn’t be able to obtain health in- For example, a woman from Las greenhouse gasses. But in no area of re- Vegas who is affected by pulmonary search is the promise greater than in surance if she tested positive for the hypertension, a continuous high blood the field of personalized medicine. variant of the BRCA–1 gene that is re- pressure in the arteries that supply the With personalized medicine, patients lated to breast and ovarian cancer. In- lungs, wrote the following: will no longer have to receive treat- stead of being tested, she decided to Life expectancy for PH patients who do not ments that work for the average per- have prophylactic surgery to remove receive treatment averages 2.5 years, but son—but may not work for them. In- her ovaries, believing that the surgery with early, appropriate treatment, some pa- stead, they will receive therapies pre- would be less likely to cause her to be tients are now able to manage their PH for cisely tailored to their own genetic dropped by her insurer. Later, having twenty years or more. . . . GINA will allow obtained health insurance, Judith de- patients with a family history of PH to pur- makeup, with reduced side effects and sue genetic testing and receive life-saving far greater potency. cided to be tested for BRCA–1 before treatment without fear of related discrimi- The cost of developing new drugs is having a prophylactic double mastec- nation. likely to be significantly reduced. No tomy. Her test was negative. If she had And a man from Las Vegas, who suf- longer will a potentially promising known this information, she might not fers from Polycystic Kidney Disease, drug be consigned to a dusty warehouse have chosen to have her ovaries re- PKD, a life-threatening genetic disease because it fails to work well on aver- moved and might have opted for in- affecting the kidneys, wrote: age, if it has the potential to treat pa- creased screening measures. Fear of genetic discrimination keeps many tients with a particular genetic condi- Earlier this year, the Pulitzer Prize PKD families from testing for the presence tion. was awarded for an extraordinary se- of the disease or seeking treatments that A main barrier in the way of such ex- ries of articles on the promise and could prolong their kidney function. In addi- traordinary advances is the reluctance challenge of this new science. One arti- tion, fear of genetic discrimination has ad- of patients to seek the benefits of this cle dealt with the fears of discrimina- versely affected many clinical drug trials new science and the fear volunteering tion faced by those who undergo ge- now underway in the PKD research field. These clinical trials desperately need volun- for this research. netic tests, and the measures they take teers to participate, but many with PKD are Three stories recounted to the advi- to protect themselves. Those articles fearful their participation in such trials will sory committee on genetic issues at included new revelations about the be used against them by their insurers and/or the Department of Health and Human harm caused by the fear of discrimina- employers. Services make the point. tion. For genetic research to fulfill its true Tonia Phillips has the BRCA–1 muta- Victoria Grove, of Woodbury, MN, potential, patients need strong protec- tion. He told the committee that based told how she concealed crucial infor- tions against genetic discrimination. on her genetic risk for ovarian and mation about her genetic tests from GINA will establish strong protections breast cancer, she elected to have a her doctor, for fear it would be used to against discrimination based on ge- hysterectomy and a prophylactic dou- deny coverage. As a result, she did not netic information in health insurance ble mastectomy. Ms. Phillips works for receive proper treatment for her lung and employment. As a result, patients a small company of just four people. condition. can receive the best possible medical After her surgery, the health insurance Kathy Anderson’s parents refused to treatments without having to fear that premium for the company increased by let her be tested for a genetic condition genetic information will be used $13,000 year. Her employers asked her that affects blood clotting, for fear of against them by their insurers or by to switch to her husband’s health in- discrimination. When Kathy was pre- their employers. The bill will also surance policy, and even offered to in- scribed a common birth control pill, allow researchers to pursue the prom- crease her salary if she would switch she developed massive clots—a life ise of genetic research by ensuring the policies. She refused. The company threatening illness that could have confidentiality of genetic information then adopted a policy requiring em- been avoided if she had had the genetic by participants in clinical trials. GINA ployees to pay half their insurance tests. will enable all Americans to take full costs. If GINA is passed, changing the For Judith Carlisle, the consequences advantage of potentially life-saving ge- terms of employment based on genetic of not taking a genetic test were trag- netic testing, and will pave the way for information would be illegal. ic. She has a strong family history of full realization of the promise of per- Paula Funk, a 33-year-old mother breast cancer, but was afraid that a ge- sonalized medicine. from Arkansas, told the committee netic test to detect a particular gene

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00040 Fmt 0686 Sfmt 0634 E:\BR08\S24AP8.001 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 6841

mutation would provide proof to insur- worked with Senator ENZI, and I thank (The amendment is printed in the ance companies and employers that she them personally for their strong help RECORD of Wednesday, April 23, 2008, was a health risk. So she refused to working with me and with our staff; under ‘‘Text of Amendments.’’) take the test. Kim Monk and David Thompson with Mr. KENNEDY. Mr. President, I ask Still, she worried about the risks of Senator GREGG, who was a strong sup- for the yeas and nays. cancer, so she had a hysterectomy to porter of this bill when he chaired the The PRESIDING OFFICER. Is there a prevent that risk. Only later, when she HELP Committee—I thank him; Pete sufficient second? There is a sufficient took the gene test, did she discover Goodloe from Congressman DINGELL, second. that her fears had been misplaced. The Michelle Varnhagan from Congressman The yeas and nays were ordered. test showed that she had no elevated MILLER; Cybele Bjorklund, who worked Mr. KENNEDY. I yield any time that risk of cancer. with CHARLIE RANGEL and previously remains. We’ve also heard other stories in the worked with us on our staff when we Mr. ENZI. I also yield back any time. years of debate on this bill. were fortunate to have her efforts here The PRESIDING OFFICER. All time Phil Hardt is a grandfather in Ari- in the Senate; Kate Leone and Jennifer is yielded back. zona with hemophilia B, a bleeding dis- Duck had worked for Senator Under the previous order, the sub- order, and Huntington’s disease. His Daschle—they are not now here, but we stitute amendment is agreed to. human resources manager told him to acknowledge their work at an impor- The amendment (No. 4573) was agreed withhold that information from his tant time in this bill’s history; Steph- to. employer, or he would never be pro- anie Carlton for Senator COBURN staff, The PRESIDING OFFICER. The moted or trained. In addition, his her efforts are appreciated as well. question is on the engrossment of the grandchildren would be denied health On my staff I thank Portia Wu, amendment and third reading of the insurance because the genes they Lauren McFerran, Holly Fechner, Mi- bill. might have inherited. chael Myers, Laura Kwinn, and espe- The amendment was ordered to be Rebecca Fisher is a mother and early cially David Bowen. All have been in- engrossed and the bill to be read a onset breast cancer survivor with a valuable. third time. family history of the disease. She re- This bill opens a new frontier in med- counted how her employer, a small, icine, in which can read the genetic The bill was read the third time. self-insured community hospital, was makeup of patients to stop diseases be- The PRESIDING OFFICER. The more concerned that the cost of her fore they ever happen. This legislation question is on the passage of the bill, bone marrow transplantation and other opens the door to modern medical as amended. The yeas and nays have health care had exceeded the cap for progress for millions and millions of been ordered. that year, than with her health or pro- Americans. It means that people whose The clerk will call the roll. ductivity as a worker. genetic profiles put them at risk of The legislative clerk called the roll. Thousands of other patients who cancer and other serious conditions can Mr. DURBIN. I announce that the refuse to receive the benefits of this get tested and seek treatment without Senator from New York (Mrs. CLINTON) new technology have similar stories. fear of losing their privacy, their jobs, and the Senator from Illinois (Mr. The time for delay is over—and I urge or their health insurance. OBAMA) are necessarily absent. my colleagues to pass this needed leg- It is the first civil rights bill of the Mr. KYL. The following Senators are islation. new century of the life sciences. This is necessarily absent: the Senator from I again acknowledge the great work the era of life science, with extraor- South Carolina (Mr. DEMINT), the Sen- and effort of my colleague and friend, dinary possibility over these next ator from New Hampshire (Mr. GREGG), Senator ENZI, the work he and his years. and the Senator from Arizona (Mr. strong staff have provided. We know we With the passage of this legislation MCCAIN). would not be here without his strong we take a quantum leap forward in pre- The PRESIDING OFFICER (Mr. NEL- commitment to this legislation. serving the values of new genetic tech- SON of Nebraska). Are there any other This legislation was stuck for a time nology and protecting the basic rights Senators in the Chamber desiring to in the legislative cauldron of good of every American. We will ensure that vote? works, but it was never lost. Through our laws reflect the advances we are The result was announced—yeas 95, his efforts we had the good opportunity making each and every day in medical nays 0, as follows: to work out some of the final dif- science. The promise of new science [Rollcall Vote No. 113 Leg.] ferences and we have the opportunity will be in jeopardy if our laws fail to YEAS—95 to get it passed today. I am very grate- maintain adequate protections against Akaka Dodd Lugar ful to him. abuse and misuse of private genetic in- Alexander Dole Martinez Senator SNOWE has been a long-time formation. Allard Domenici McCaskill leader in this. Her leadership has been It was a hard-fought battle to get Barrasso Dorgan McConnell Baucus Durbin referred to and all of us who have been here. This bill has been the product of Menendez Bayh Ensign Mikulski interested in this thank her for her a decade of dedicated efforts by Mem- Bennett Enzi Murkowski long-time dedication and commitment bers of both sides of the aisle. I am Biden Feingold Murray to it. honored to work with many of my col- Bingaman Feinstein Nelson (FL) Bond Graham Nelson (NE) I want to mention some of the other leagues, particularly Senator ENZI, Boxer Grassley Pryor people and say a final word. Dr. Col- Brown Hagel Senator SNOWE, and Congresswoman Reed Brownback Harkin lins, who has been the leader of the SLAUGHTER on this bill. I hope it will Reid Bunning Hatch Roberts Human Genome Project, has been such get overwhelming support. Burr Hutchison Rockefeller a strong voice in passing this legisla- AMENDMENT NO. 4573 Byrd Inhofe tion; Sharon Terry, the Director of the Cantwell Inouye Salazar (Purpose: In the nature of a substitute) Sanders Genetic Alliance; Kathy Hudson, who Cardin Isakson Mr. President, I call up the Snowe- Carper Johnson Schumer works at NIH and gave us excellent Kennedy-Enzi substitute, which is at Casey Kennedy Sessions technical assistance; Representative Chambliss Kerry Shelby the desk. Smith LOUISE SLAUGHTER, who has a long- Coburn Klobuchar The PRESIDING OFFICER. The Cochran Kohl Snowe time commitment to this program—I clerk will report. Coleman Kyl Specter thank her and Michelle Adams, who The legislative clerk read as follows: Collins Landrieu Stabenow has worked with her; Representative Conrad Lautenberg Stevens The Senator from Massachusetts (Mr. KEN- Sununu JUDY BIGGERT and her staffer Brian Pe- Corker Leahy NEDY), for Ms. SNOWE, for herself, Mr. KEN- Cornyn Levin Tester terson; Shana Christrup, Keith Flana- NEDY, and Mr. ENZI, proposes an amendment Craig Lieberman Thune gan, and Ilyse Schuman—all have numbered 4573. Crapo Lincoln Vitter

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00041 Fmt 0686 Sfmt 0634 E:\BR08\S24AP8.001 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6842 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 April 24, 2008 Voinovich Webb Wicker health insurance because of it? How stretch their paychecks to pay for Warner Whitehouse Wyden does knowing that you may be more higher gas prices, groceries, health NOT VOTING—5 likely to develop breast cancer help if care costs, all of the things they need Clinton Gregg Obama you can’t get a job because of this in- to survive and care for their families, DeMint McCain formation? Individuals should also childcare costs, on and on and on. Vot- The bill, H.R. 493, as amended, was have the information they need to ing to block this bill from even coming passed. make informed decisions about wheth- up for consideration says to these Mr. KENNEDY. I move to reconsider er to get a genetic test. women and their families that this the vote and to lay that motion on the A person must not be denied insur- body does not understand and is not on table. ance coverage or employment based on their side when they have been treated The motion to lay on the table was their predictive genetic information. unfairly or taken advantage of on the agreed to. That is why I support this strong, en- job. Ms. MIKULSKI. Mr. President I wish forceable genetic nondiscrimination I am proud of the fact that Senator today to applaud the passage of the Ge- legislation that establishes meaningful REID, our majority leader, saw fit to netic Information Nondiscrimination remedies for individuals and their fam- bring this bill forward as a priority in Act. I am proud to be an original co- ilies—remedies which act as powerful the crush of time we have to consider sponsor of this legislation that pro- disincentives for insurance providers legislation in the Senate. I am proud of hibits health insurance companies and and employers to discriminate. I am Senator KENNEDY for his passion and leadership in bringing this bill out of employers from discriminating against proud the Senate has acted to help en- committee and fighting so vigorously, individuals based on their genetic in- sure that individuals can choose to get and all of my women colleagues who formation. I would also like to take genetic tests that could help save or came to the floor to stand up for this opportunity to commend Hadassah prolong their lives, without fear of dis- women across America. Unfortunately, for their relentless advocacy over the crimination in the workplace or by we were stopped from even proceeding past 11 years on this important civil health insurance providers. We need to to the bill. I am hopeful at some point rights issue. Hadassah is a founding make sure the information from ge- we can come back and colleagues on member of the Coalition on Genetic netic testing reaches its true potential: the other side of the aisle will decide, Fairness and has been a leader fighting that a woman can be screened for a ge- to outlaw genetic discrimination. rather than turning their backs on mil- netic predisposition to breast cancer or lions of women across the country, As a Senator from Maryland, the a man can be screened for his risk for home of the National Institutes of that they will join us in doing what is a heart attack without fear of their right to guarantee that if a woman is Health and cutting edge companies health insurance premiums rising or like Celera Genomic, genetic testing working hard every day, putting in the losing their jobs. same amount of hours, lifting the same and its implications for Marylanders Again, I want to thank Hadassah for and all Americans is especially impor- boxes and doing the same kind of work, all of their hard work on preventing ge- she will know she is protected and feel tant to me. This bill provides necessary netic discrimination and I also want to protections so that people will take ad- confident the law is on her side that thank Senator SNOWE for her leader- she will receive equal pay. vantage of the potential that genetic ship on this bill. Unfortunately, this is not an isolated testing can offer, without losing their The PRESIDING OFFICER. The Sen- vote. This has been a pattern. We have job or their health insurance. Mont- ator from Michigan. spoken many times about what has gomery County in Maryland was the f been happening in the last year and a first county in the Nation to pass ge- MORNING BUSINESS half. We now have seen 68 Republican netic nondiscrimination legislation. It filibusters. We had a filibuster that has been a longer road for Congress. Ms. STABENOW. I ask unanimous stopped us from proceeding. We have a The Genetic Information Non- consent that there now be a period of fancy title for it, called a cloture vote discrimination Act was the first bill morning business with Senators per- on a motion to proceed. But the reality passed out of the Senate Health, Edu- mitted to speak for up to 10 minutes is, Republican colleagues on the other cation, Labor, and Pensions, HELP, each and that the following Senators side of the aisle have filibustered our Committee in this Congress. I sit on be recognized in the order listed: my- ability to move forward on equal pay the HELP Committee and we have self for 15 minutes, Senator HATCH for for women in the workplace. This is worked on this bill since 1996. We have 10 minutes, Senator TESTER for 7 min- one of 68 different times in the last conducted five hearings on genetic dis- utes, Senator ISAKSON for 15 minutes. year and a half that we have brought crimination and this bill has passed The PRESIDING OFFICER. Without forward something critically impor- out of our committee three times. The objection, it is so ordered. tant to families, from extending unem- Senate unanimously passed this bill in The Senator from Michigan. ployment insurance to addressing 2003 and 2005. It is time that this bill is f health care, education, and economic signed into law. REPUBLICAN FILIBUSTERS issues, focusing on those things that Thirty years ago, the idea of mapping directly affect families every day. the entire human genome seemed liked Ms. STABENOW. Mr. President, I We know around here the way the science fiction. But we now have a map rise to express my deep disappointment rules work. You can filibuster and you of it. Fifteen years ago, the thought of and concern about last night’s vote on can stop something if you don’t have 60 testing individuals for a genetic pre- the Lilly Ledbetter Fair Pay Act. Un- votes. Unfortunately, we don’t at this disposition to an illness seemed dec- fortunately, colleagues across the aisle time have 60 votes to stop filibusters. ades away, but here we are in 2008 with voted to block us from considering There have been so many that we have the technology and knowledge to do what is an important bill that relates put this on a board with Velcro so we that. Someone with a genetic pre- to fairness, fair pay, equality, and rec- can change it. We have to change it disposition for a disease could begin ognition of the hard work of women all way too many times, because this num- preventive measures in diet and life- across this country. We weren’t even ber goes up every week. We are now at style, years before symptoms even ap- allowed to bring this to the floor of the 68. This is an historic record in the pear. Senate to begin the debate. It wasn’t Senate that we would see this many But with this new technology comes only about pay discrimination; it was filibusters to block moving forward an responsibility—the responsibility to about fundamental fairness for work- agenda for change that the American protect the people that these theol- ing families, as so many of those work- people are desperately asking for. ogies seek to help. What good is know- ing families are headed by women. The We will continue to bring these ing that you have a genetic predisposi- vote last night sends the wrong mes- issues forward that are absolutely crit- tion for diabetes if you lose your sage to families who are struggling to ical. We will continue to bring forward

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00042 Fmt 0686 Sfmt 0634 E:\BR08\S24AP8.001 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 6843 areas of investment in the future and claim. The Supreme Court ruled that For too many of our servicemembers, creating jobs and tackling health care victims of discrimination have only 180 that last day on Active Duty is just the costs and access and children’s health days of the last discriminatory raise to first day of a difficult transition back insurance and quality education and file a lawsuit for discrimination—even to civilian life. tax fairness and all of these other if they did not know about it, even if Our veterans deserve every benefit things that are so critical for the they knew nothing about it. they get, and more. But too often our American people—fair trade, so that we So in Lilly Ledbetter’s case, it did veterans return home to find out their are exporting products and not jobs. not matter that her employer discrimi- insurance is inadequate or it is very We are going to continue to bring nated against her for years and that hard to figure out their educational this forward. But we are going to con- she had been, for years, paid less than benefits because they are spread out tinue—unfortunately—to see this num- her male counterparts. Instead, the over numerous different agencies. ber go up. It is important the American Roberts Supreme Court reversed dec- Perhaps most important, under cur- people understand what is happening. ades—decades—of precedent and the in- rent law, our permanently disabled vet- Now, we also, earlier today, saw tent of the law. It also overturned the erans who are recovering from injuries something else happen—it did not quite policy of the EEOC under both Demo- cannot even count on the Federal Gov- come to the point of blocking in terms cratic and Republican administrations. ernment to help them finance neces- of a motion to proceed but efforts of After the Ledbetter case—until we sities such as wheelchairs or wheel- delay, waiting, obstructing, over and fix this—workers are powerless to hold chair ramps for their homes. over again. Earlier today, we passed a their employers accountable for unlaw- When the men and women of our bill to help our Nation’s veterans by al- ful, unjust, unfair, unequal conduct. It Armed Services put on the uniform, most a unanimous vote. We should be creates an incentive for employers to they are making a promise to defend proud of having done that on a bipar- discriminate against workers because America. In return, we promise them tisan basis. But this bill was reported now if they can hide the discrimination that a grateful nation will be there for out of committee last year. It was for just 180 days, then they are home them when they come home. What they blocked for 7 months—7 months—by free and the worker can do nothing do need—and what we owe them—is a colleagues on the other side of the about it. system that works for them, not aisle. Then we had to spend a week try- The Lilly Ledbetter Fair Pay Act against them. will fix this injustice and put Federal ing to get this bill done. There was the That is why the Veterans’ Benefits law in the same place it was the day procedural motion, again, to force us Enhancement Act that was just passed before the Court decision. This has to vote on whether to even consider the today is so critically important. It ad- been American law. It has been Amer- bill, and then that vote was unani- dresses many of the problems that ican law about fairness and equal pay. mous—unanimous. Yet that vote was plague this difficult transition to All we are trying to do is reverse this forced so the time would run so we stateside life and provides necessary extreme decision of the Supreme Court would slow-walk a bill we have been improvements to education and health and put it back in current law. waiting to take up for veterans and The economic impact of unfair pay care and insurance programs. This bill would expand the number of their families for 7 months. practices on working families is stag- People expect better from us. I am gering. Today, women still make 77 individuals qualifying for retroactive very hopeful we will come together and cents for every $1 men make. In Michi- benefits for traumatic injury protec- begin to see the change the American gan, it is even lower: 70 cents for every tion coverage. This is important for all people want to have happen and be the $1. of our veterans because we are now focus of this body. The current job climate has been par- learning that this kind of injury is hap- Mr. President, I will speak for a mo- ticularly hard on women and people of pening more often than we thought, ment about the Lilly Ledbetter Fair color all across America. The unem- and it can have a devastating impact. Pay Act because this issue of equal ployment rate for women has risen Just last week, a new veterans center pay, of fairness in the workplace, is not sharply, and their wages are falling was opened in Saginaw, MI. This center going to go away. We are going to come faster than men’s. For people of color, will not only assist our veterans re- back and we are going to come back the unemployment rate is even higher. turning from combat but will also until we get this Court decision fixed. African Americans’ unemployment serve our veterans from as far back as Lilly Ledbetter was one of the few fe- rate is almost twice the national aver- World War II—the war my father male supervisors in a Goodyear tire age. The Lilly Ledbetter Fair Pay Act fought in. These veterans should also plant in Gadsen, AL. She got up early would help correct this unfairness, this be eligible for benefits if they are vic- in the morning. She sweated through- disparity. tims of traumatic brain injury. out long shifts, which often stretched Just as important as upholding the The PRESIDING OFFICER. The Sen- to 18 hours or more when another su- rights of women, the Fair Pay Act is ator has 1 minute remaining. pervisor was absent, just like her male needed because the Ledbetter case Ms. STABENOW. Thank you, Mr. counterparts. For years she endured in- would affect all kinds of discrimination President. sults from her male bosses because she cases. At the end of the day, it simply The act would expand eligibility for was a woman in a traditionally male puts the law back where it was and cre- home improvement and structural al- job. ates the opportunity for fairness and teration assistance. It would also im- Late in her career with the company, equality. prove survivor benefits for the sur- Lilly discovered that Goodyear paid Let me say that when a woman goes viving children of our service men and her male counterparts 20 percent to 40 to the store in Michigan, she does not women and a number of other things. percent more than what she earned for pay less for milk. When she goes to the I am glad we passed this legislation. doing the very same job for all of those gas station, she does not pay less for I am sorry it was held up for 7 months, years. She filed a lawsuit, just as she gas. She does not pay less for the food and then all this week there was ob- should have, and the jury awarded her or the electric bill. She does not pay structionism and delay before we could full damages. less in any area. Yet until we fix this get to it. But I am glad we got it done. She was right. This was against the outrageous Supreme Court decision, I am deeply disappointed that earlier law. This was unfair. We need to value she can be paid less for the very same this week we saw another filibuster work and value equal work. The court job. that stopped us from proceeding to an sided with her. Mr. President, let me also say a few equally important bill, and that is a However, the Roberts Supreme Court words about the bill we passed earlier bill that relates to equal pay and pro- overruled the jury, stating that Ms. today for veterans. That bill was al- tection under the law, when women are Ledbetter was not entitled to anything most unanimously passed, despite working hard every single day and find because she waited too long to file her being held up for 7 months. themselves in a situation where they

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00043 Fmt 0686 Sfmt 0634 E:\BR08\S24AP8.001 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6844 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 April 24, 2008 are receiving less than male counter- the witnesses are gone, there is no way and honor to represent the people of parts for the same job. It is wrong. It the company can defend itself, and it is Utah in this august body for now more needs to be fixed for the women of an automatic slam dunk for plaintiffs’ than 31 years. During that time, I have America and their families. lawyers—some plaintiffs’ lawyers, be- had the pleasure to meet many of our The PRESIDING OFFICER. The Sen- cause most great plaintiffs’ lawyers are Nation’s military leaders, their fami- ator’s time is expired. not going to play this game—and then lies, and, of course, military period. Ms. STABENOW. Thank you, Mr. call that a good bill, there is something However, I can say without reservation President. I look forward to the oppor- wrong with it. the current generation of Air Force tunity to bring this to the floor again, With regard to the veterans bill—my leaders is among the finest I have ever and, hopefully, we will be able to get it goodness gracious. Let’s think about known in all my years in the Senate. done. this. With regard to the veterans bill, Under the steadfast and capable lead- The PRESIDING OFFICER. The Sen- we are all for veterans—every last one ership of Secretary Michael Wynne and ator from Utah. of us. But, again, cloture was imme- GEN Michael Moseley, the leaders of Mr. HATCH. Mr. President, I ask diately filed. We were not able to bring our Air Force are resolute in the de- unanimous consent that I be granted up amendments. Finally, in the end, fense of this country, tenacious in up to 15 minutes for my remarks today. what did we do? We spent all day yes- their support and care for the young The PRESIDING OFFICER. Without terday doing nothing in order to ac- men and women who serve under them, objection, it is so ordered. commodate two Presidential can- and dedicated to modernizing the an- f didates on the Democratic side. Now, I cient—or should I say aging—equip- have no problem with that, with that ment of their force. ALLEGED FILIBUSTERS accommodation, but we could have These are leaders to be proud of, not Mr. HATCH. Mr. President, I have a worked all day yesterday on the vet- criticized the way they have been. great deal of appreciation for the dis- erans bill and scheduled that vote the They are leaders to have confidence in. tinguished Senator from Michigan. I same time at the end of the day, as we They exemplify the Air Force’s unoffi- know how sincere she is, and I know did. But it was basically a wasted day cial motto: ‘‘Nothing Comes Close.’’ she feels very deeply about what she in the Senate, other than hearings that They are the rightful heirs to the title: has just spoken. But this business of 68 might have gone on. To waste a whole ‘‘The Right Stuff.’’ clotures is hitting below the belt. day and then blame us for it, that is This does not mean errors do not Time after time, the majority leader not right. occur. In any organization, especially has filed bills—many of which have not We all know why the Ledbetter bill one with more than 350,000 service- even gone through committee, have was brought up. In many respects, it is members, some will make mistakes, a not had 1 day of hearing, some of which just to score political points or it few will veer from the straight and nar- have been filed for political purposes would have gone through the com- row; and, sadly, a tiny minority might just to create tough votes—and then mittee. Had it gone through the com- even betray the public trust. That said, filed cloture immediately. mittee, had we done a good statute of I believe the true measure of military In the old days—I have been here al- limitations change, had we made some leadership is not to wipe away every most 32 years—nobody did that. Then other changes that make sense in the possible temptation and sin of man- they call it a filibuster when they are law, I think we would have passed a kind; it is to create a culture where the ones who filed cloture just for the bill that would have made Lilly malfeasance, once identified, is dealt purpose of being able to say there is a Ledbetter at least realize that her ac- with firmly, swiftly, and justly. filibuster. tions were not in vain. But the way it For example, the current Air Force Almost invariably the bills that are was done looks to me as if it was done leadership met this standard when it good go through. Republicans will ob- for political purposes and to score po- was recently tested by the wrongdoing ject sometimes because we want to be litical points. We could have worked it of a civilian official during an initial able to offer at least germane amend- out. At least I think we could have attempt to replace our Nation’s aerial ments. In this body, we have, in the worked it out. But there was not even tankers that are, on average, 47 years a chance to do that. past, even been able to offer non- old. Once Senator MCCAIN brought this Let me just say this: I believe we germane amendments. But that is a no- malfeasance to the attention of the Air have too much of this business that no right now because the majority is Force, the service responded by holding every time the majority files a bill and concerned some will bring up amend- accountable those responsible. These then files a cloture motion, they then ments that might be embarrassing to individuals were prosecuted to the full call us filibusterers. That is not right, the majority. extent of the law. Yet from that trou- and it is not true. Frankly, we all know Well, having talked about ‘‘embar- it is not true. bled time, the current Air Force lead- rassing to the majority,’’ why do you (Ms. STABENOW assumed the chair.) ership rallied and conducted one of the think the Ledbetter case was brought most transparent, open, and fair pro- up through this statute? First of all, it f curement competitions in recent mem- did not have 1 day of hearings, as far as AIR FORCE LEADERSHIP ory. That is stuff of which real leaders I know. It certainly was not put Mr. HATCH. Madam President, we are made. through a committee. It was brought live in cynical times, and today I want I was also disappointed to read the up under rule XIV—which is a right to to address that cynicism; namely, a characterizations of some press reports do—and then the bill itself was classi- small number of media reports that, regarding the speech given by Sec- cally poorly written. some have suggested, call into question retary of Defense Robert Gates during The fact is, this bill would have done the command abilities of the senior his trip on Monday to the Air War Col- away with the statute of limitations leadership of the U.S. Air Force. lege. When one reads some of these re- and made it almost impossible for any In addition, I was dismayed to learn ports, one could only conclude that business to defend itself even in class that a Member of the Senate has com- Secretary Gates was issuing a rebuke action lawsuits. But it was brought pri- pounded these misrepresentations by to the Air Force’s leadership. This is marily because the friends in some recently authoring a letter that makes most perplexing. Although I have not areas of the plaintiffs’ bar wanted it inaccurate assertions about matters spoken to Secretary Gates about his brought so they could bring more suits that have already been dealt with by speech, I have read the official tran- in our society. the proper military authorities and in- script. My impression of his address But to basically do away with the vestigated by the inspector general of was that Secretary Gates was not statute of limitations so that you the Department of Defense. issuing an admonishment—not at all. could bring suits 10, 15, 25 years later, Let me address the underlying mat- In fact, I believe the Secretary was when all of the documentation is gone, ter directly. It has been my privilege seeking to do what all good Secretaries

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00044 Fmt 0686 Sfmt 0634 E:\BR08\S24AP8.001 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 6845 of Defense strive to obtain: a more ef- growing costs of providing a final rest- me and I do not want to take the fective and efficient force through new ing place for their veteran loved ones. chance of wasting a day. and creative thinking. This bill does that by authorizing dou- We have work to do here. We have Now, this conclusion is ironically ble the current allowance for the burial done some good work today, and I hope bolstered by later reports from the of a veteran who dies from a service- we can have many more days such as same news service that published the connected disability to $4,000. It also today, where we can vote on legislation initial reports I find so puzzling. These triples the $300 benefit for nonservice that impacts the people of this coun- later reports quote the Pentagon press connected disabilities. With the aver- try. secretary as saying one of the major al- age funeral cost now around $6,000, this I suggest the absence of a quorum. leged reproaches was not directed at is a small gesture to the loved ones of The PRESIDING OFFICER. The the Air Force as a service, but to ‘‘the our veterans, but it matters a great clerk will call the roll. military as a whole.’’ deal. The assistant legislative clerk called As I said earlier, we live in cynical At a time of record national debt and the roll. times. Unfortunately, it has become chronic annual budget deficits, I am Mr. ISAKSON. Madam President, I customary for many in political circles particularly pleased this bill is deficit- ask unanimous consent that the order to hurl unfair and even untrue criti- neutral. It does not increase taxes. for the quorum call be rescinded. cisms at one another. One could argue With all the good in the bill, it is lit- The PRESIDING OFFICER. Without this is the price of a vibrant democ- tle wonder the Veterans’ Benefit En- objection, it is so ordered. racy. However, this sort of behavior is hancement Act is supported by every f major veterans service organization. unbecoming when it wrongly distracts HEALTH CARE our military leaders, especially during This bill passed out of the VA Com- a time of war. mittee unanimously last summer, and I Mr. ISAKSON. Madam President, I The Air Force leadership, under Sec- am pleased by the bipartisan support it rise this afternoon to talk for a few retary Wynne and General Moseley, got today. We now need to turn our at- minutes about health care in Amer- has done an extraordinary job of pro- tention to the veterans health care leg- ica—the cost of health care in America, tecting our Nation and supporting our islation that I am told will follow this the access to health care in America, other armed services in this war on ter- bill. Our Nation’s veterans deserve and to talk prospectively about the ror. I, for one, am thankful we have nothing less. first 4 years of the next President of such leaders in positions with such When our children sign up for mili- the United States. It is pretty obvious, heavy responsibility. So today I rise to tary service, whether they do it at a because of the complexity of health thank them. I thank Secretary Wynne. local recruiting office or by going to a issues and because of a political cam- I thank General Moseley. They are service academy or anything in-be- paign year, we are not going to get to thanks I believe they deserve from the tween, we make a deal with them. We a resolution this year. entire Senate. ask them to put their lives on the line. It is obvious our country has a crisis. I suggest the absence of a quorum. We ask them to serve and to sacrifice It is obvious we have to move forward. The PRESIDING OFFICER. If the at an increasingly difficult pace. We It is obvious to me that whoever the Senator would withhold. ask them to fight wars. We ask them to next President of the United States is, Mr. HATCH. I withdraw that. keep peace and to keep our Nation free the very first thing they are going to The PRESIDING OFFICER. The Sen- and they go. They go and they do a bet- have to tackle is affordable, accessible, ator from Montana is recognized. ter job than any other military in the and quality health care. f world. In return, we promise that when The health care issue is one that has their service is over, we will care for a million angles to it. I am not going VETERANS’ BENEFITS them and compensate them if they to talk about all those angles today. ENHANCEMENT ACT have been injured in their service to Secondly, I am not going to stand up Mr. TESTER. Madam President, I our country. With our Nation now at here and tell my colleagues that I wish to commend Chairman AKAKA on war, we have a great moral obligation think I have all the answers. However, the legislation that was passed in the to do right by the men and women who I do think it is time that all of us who Senate earlier today, S. 1315. serve our country in harm’s way. This have said: Well, I am not for govern- This bill makes a number of com- legislation helps keep the promise to ment-provided health care—that is not monsense improvements to the bene- our veterans. good enough. If you are not for it, you fits packages we offer America’s vet- One other point I wish to add that re- have to be for something. You can’t erans. I am pleased to have voted for lates to what the senator from Michi- have the easy way out. There have this bill as it came out of the Veterans’ gan and the Senator from Utah talked been a lot of people who say: I don’t Affairs Committee. I am also pleased about. I have only been here for 15 or 16 want single-payer health care; I don’t to have supported it on the floor today. months, but I will tell my colleagues want the Government to do to health It is long past due to give our disabled that one thing I have noticed and one care what they did at the IRS, but I veterans the ability to purchase afford- thing that has surprised me over the don’t have any good ideas. able life insurance. That is what this last year and a quarter is we debate It is time we came up with some bill does. It provides up to $50,000 in life whether to debate all too much. The goods ideas. We are going to have to do insurance for any veteran younger fact is, whether we agree or disagree on what is maybe different and philosophi- than the age of 65 who has a service- an issue, what is important is we have cally and politically challenging to Re- connected disability. an opportunity to vote on an issue—to publicans and to Democrats. But first The bill also adds a host of new bene- make our stand and vote on an issue. what we ought to do is look to suc- fits to help critically injured service What happened last week was a cesses around the country that have men and women get their households prime example, where we had a trans- solved some of the cornerstone issues refurbished if they become disabled. portation bill—corrections to a trans- in terms of the costs of health care. That can mean putting in wheelchair portation bill—and we spent all week One of those is the cost of medical ramps, remodeling a kitchen or a bath- because it was being delayed and de- malpractice and what is commonly room, and countless other chores. layed. I sat in the chair last Thursday called tort reform. The minute a politi- Again, it is a small measure, but for a night when the majority leader, the cian mentions tort reform, they get soldier who has lost an arm or a leg or Democratic leader, came down to the everybody’s attention, but in par- a marine who has suffered severe floor and said: I have to file cloture on ticular, a trial lawyer’s. I am not a burns, it means the world. this veterans’ bill—the one we passed— trial lawyer basher. Some of my best It is long past time to increase burial because I have approached the minor- friends are trial lawyers. I always tell benefits to help families deal with the ity and they have not gotten back to people: Everybody hates lawyers, but

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00045 Fmt 0686 Sfmt 0634 E:\BR08\S24AP8.001 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6846 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 April 24, 2008 they love their lawyer. When you need What we put in the Georgia law was cost of health care. Defensive medicine a lawyer, you want a good one. I wish that the plaintiff must identify a single is practiced primarily because of the to bring a perspective to the tort issue defendant in the suit, unless he proved court system. as it deals with medical malpractice to clearly and convincingly that the hos- I had a problem a few years ago. I try and point out there have been solu- pital or the physician and others in the went to the doctor and they said, tions found—solutions that do not pro- system were also negligent. That is not well—they gave me this and it didn’t hibit an injured person from being unreasonable. We want to make sure work, so they gave me that and it compensated for the damages that were that if somebody is injured by a doctor, didn’t work. So they gave me a full- caused to them, while at the same time they can recover. But then to hold the body CT scan. I had a swallowing prob- quantifying and capping at a predict- hospital, or the hospital authority, or lem. I wondered why they did a full- able amount for those actuaries the the county health authority liable, body CT scan. He said he wanted to be cost of what these runaway awards when they were not part of the proce- sure he had done everything he could. have been doing to us. dure, we don’t think that is right. That He had to practice defensive medicine, We have tried on the floor of the Sen- is one of the reasons you have a tre- when a scan from the chest up would ate, on more than one occasion, to ad- mendous cost of malpractice insurance. have been fine. That is one of the rea- dress this, in part. We tried with legis- Second, to strengthen expert wit- sons you have runaway malpractice lation in the 109th Congress to limit or nesses, who are critical in any court awards and the litigious nature of our to cap noneconomic damages in OB/ situation where you are trying to prove society. It is a skewed system and you GYN cases. The reason we targeted OB/ damages. But experts ought to be ex- have costs running through the roof. GYN and obstetrics cases was because perts. For example, if you have a trau- We need to elevate the burden of they consistently have runaway insur- matic brain injury, the expert testi- proof from the ‘‘preponderance of the ance premiums; we consistently have fying on behalf of the plaintiff and the evidence’’ to ‘‘clear and convincing evi- problems in our States where there are expert testifying on behalf of the de- dence.’’ We did that in Georgia 2 years not enough doctors to deliver the ba- fense ought to both have neurological ago. I don’t know about you, but if I bies for families in our communities training. It is not right for a dentist, am accused of something, I don’t want because there are not enough doctors who happens to be an MD, to testify in somebody to decide because the pre- who can afford the medical malpractice a neurological case. So by putting in ponderance of the evidence said I was insurance as it rises. requirements in terms of witnesses, wrong; I want it to be clear and con- Unfortunately, we never passed that you establish a situation where you vincing. That is the way it ought to be, in the Senate, although in two dif- have clear, responsible testimony, and in terms of medical malpractice as ferent amendments we tried. In my you cannot use a ‘‘quasi’’ person to well. judgment, it would have helped with give you irresponsible testimony. Then the real hot potato—the one ev- the situation. Today, I want to talk Third, limit liability for emergency erybody goes ballistic on—is talking about a good example from my State of department physicians and personnel. I about capping noneconomic damages. Georgia and about some things I think want to talk about this for a minute. Georgia did something unique. They we can do in the Congress. In 2005, our State Senate in Georgia Talking about Georgia again, we have capped noneconomic damages at passed a Senate Bill 3, by a vote of 39 Grady Memorial Hospital in Atlanta, $350,000. That is the pain and suffering. to 15, and it went to the house and one of the largest public hospitals in Noneconomic means if you were in- passed by a vote of 136 to 34. Obviously, the United States. It was on the verge jured, all the costs of that injury, the it was bipartisan. We have had 2 years’ 6 months ago of closing because almost costs of the treatment and the correc- experience with that bill. The experi- everybody who goes there is indigent tive treatment, and all the economic ence has demonstrated what we had or a nonpaying customer. They may be losses you have, you get all of that. hoped it would: No injured person was on Medicare or Medicaid, but in every Noneconomic is when they add on an- aggrieved or denied coverage or recov- accident that happens on the freeway other penalty to the guilty person for ery, but the cost of health care on med- system there, they take the injured to the pain and suffering. Georgia capped ical malpractice became more predict- that trauma center. It is the largest it at $350,000. They gave an overall cap able and rates stabilized. burn center in the Southeast. Grady of $1.050 million, allowing the judge to The points in that bill that passed in Memorial Hospital is losing so much lift the $350,000 if the evidence in the Georgia are precisely the points we money that it was on the verge of court case proved a higher damage was ought to look at in terms of the Fed- bankruptcy. The community has come necessary. That is the point I want to eral court system. Point No. 1, elimi- together, with volunteer citizens such address in the Federal court law. nate joint and several liability in a as Pete Corell and Tom Bell in our I have three children. My second son, medical malpractice case. For those city, who deserve tremendous credit. Kevin, in 1998 was in a terrible auto- who may not know what that is, it They created a nonprofit organization mobile accident in rural Georgia. He means if somebody is injured, or al- to take over the organization of the was on a camping trip with a 16-year- leges they have been injured, and they hospital and raise capital, and I believe old buddy. They were going down a file suit against the person who injured we are going to save that great trauma country road in Greene County, 2 a.m. them, in the normal course of our liti- center and that great hospital. in the morning—which is another sub- gious society, they also sue everybody Frankly, they operate under terrible ject I will get to as a father later on— else who is even remotely related to circumstances in that trauma center. and a deer crossed the road. A deer will that particular situation. I was a real To have the type of liability in a trau- stop in the headlights. The deer took estate broker in Georgia. If we sold a ma center that people want to hold you off. My son was a passenger, and the new house to a family and the first accountable for today with medical driver decided to follow the deer rather time it rained after they moved in the malpractice liability, with no Good Sa- than the road, hit a ditch, and my son basement leaked, they sued the build- maritan laws for those people isn’t went through the front windshield. He er, but they sued me, too, so they had right. If somebody is brought in after a had four operations. He had to get a wide sweep to try to recover. I under- tragic wreck and there are not quali- grafts, bone marrow treatments, and stand that. There are times when joint fied exceptions for a physician to treat he had internal infections. He has more and several is appropriate, because that person, you are never going to metal in his right leg than I have in sometimes more than one party in an have the type of immediate response my automobile. The doctors put him injured class situation is involved in care that you need. You don’t have the back together. Making the case about the injury and should be held account- time to practice defensive medicine in litigation, I have to tell you that was a able. But to summarily make joint and a trauma situation, which, by the way, case where my son was hurt and there several apply without any conditions is I will get to defensive medicine next. It was negligence. I was angry. In Geor- wrong. is one of the contributing causes to the gia, we have something called no-fault

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00046 Fmt 0686 Sfmt 0634 E:\BR08\S24AP8.001 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 6847 insurance, which means you have are a compassionate nation, the physi- bility of governments in some parts of $15,000 in coverage, which covered the cian will keep you alive as long as he the world where hunger and food short- emergency room, and there is no more can. If you had a chance, you might ages are most acute. It threatens glob- coverage. Everybody is on their own. rather say if I am being hydrated and al security and even our own national But we had obvious negligence. In that given nutrition but will never become security. case, fortunately, the young man who conscious again, I give the doctors the The world food crisis is a human ca- was driving, who was negligent—his fa- authority to make the appropriate tastrophe. Families are suffering. ther, although he had minimum cov- medical decision. The money that Mothers and fathers are struggling to erage for the accident, had a general li- would save is in the ‘‘gazillions’’ of dol- feed their children. A recent New York ability policy. He said: My son was lars—if there is such a number. It Times story described a father in Hai- wrong and your son is going through would help us to manage that cost. ti’s capital city, Port-au-Prince, whose terrible pain. Let’s sit down and go to Secondly, we need accountability on children had recently eaten only two my insurance company and negotiate, the part of the American policyholders, spoonfuls of rice apiece one day and through a professional arbitrator, what and wellness and disease management. nothing the next day. The father said is the right general liability award for My second son’s father-in-law is a in this interview: your son. We did that. We negotiated it Swede. He came to America and now They look at me and say, ‘‘Papa, I’m hun- and used an index of nationally ap- lives here full time. He bought a med- gry,’’ and I have to look away. It is proved negotiators, in terms of what ical insurance policy independently, humiliating. It makes you angry. damage would have been right. We because he is retired. About 6 months Three-quarters of the people in Haiti agreed to it and my son still has that ago, he called me and we went out to live on less than $2 a day, and one in reserve in case he has further com- dinner. He ordered a salad, broccoli, five children is chronically malnour- plications from the damage done. No li- and asparagus, and he didn’t put any ished. People are desperate for nourish- ability responsibility, but a cost that sugar in his tea. I said: What are you ment of any kind. was appropriate for the injury, rather doing? What kind of a diet are you on? The New York Times story went on than gained through a court case and a He said: It is my health insurance, not to say that one booming business amid litigious action. my diet. My policy will go up to $500 a all the gloom is the selling of patties It is my personal opinion that we month if I don’t get my cholesterol made of mud, oil, and sugar, typically should cap noneconomic damages in below 200. His vital signs are a compo- eaten by the most destitute. the Federal court and medical mal- nent of health care and, if he wasn’t One Haitian man said: practice in the following way: Change taking care of himself, he would pay a It’s salty and it has butter, and you don’t the current law. The current law al- higher premium for the benefits he know you are eating dirt. It makes your lows a judge to reduce the amount of needed. We need to look at disease stomach quiet down. the award if he doesn’t think it was management and wellness and account- Mr. President, I said last week that right. The judge can reduce it. I think ability. we were on the brink of a humani- we ought to cap liability on medical I came to the floor to talk about tarian crisis, and I am afraid we have malpractice at a million dollars for the what is going to be the biggest issue in crossed that threshold. We are now wit- noneconomic damages, but then say the first term of the next President, nessing that humanitarian crisis. the judge can lift that cap if the evi- the biggest crisis. If I am fortunate World Bank data shows global food dence in court proves gross negligence. enough to win reelection in 2010, the prices have jumped 83 percent in the That changes the dynamics of litiga- Nation’s Medicare system is going to last 3 years. These are the average tion. Instead of suing and going for big be broke before I leave the Senate. This commodity prices paid by the non- bucks because you can, you will realize is not an issue we need to talk about in governmental organization CARE. that the burden of proof is to justify the future. The time is now. It is time CARE is known around the world. the big bucks based on your cir- for good men and women of both polit- CARE packages, after World War II, be- cumstances and the facts of the case, ical parties to put all of the issues on came a symbol of American caring and and you don’t intimidate people into the table and not just talk about what a symbol of international compassion. negotiating high settlements. Instead, they are not for but start talking about CARE is paying more and more for the you put the burden on clear and con- the solutions that can make a dif- food they buy. In just a brief period of vincing evidence, which, in my case, as ference in the quality, accessibility, af- time—from December 2007 to April I have said, is the only way to go. fordability, and health care for the peo- 2008—the costs have gone up dramati- Medical malpractice is certainly not ple of the United States of America. cally in sorghum, in wheat, rice, peas, the only cause of the higher costs of I yield the floor and suggest the ab- lentils, and vegetable oil. This chart health care in America. Solving med- sence of a quorum. really tells the story of what has hap- ical malpractice costs doesn’t address The PRESIDING OFFICER. The pened in just 4 months. Other data all of the other factors, but it is a com- clerk will call the roll. shows wheat prices have tripled in the ponent part. I am willing to sit with The bill clerk proceeded to call the last 3 years. Poor families in Yemen others and talk about all those other roll. are spending more than a quarter of things we beat our gums about but Mr. DURBIN. Mr. President, I ask their income just to buy bread for their never do anything about that are com- unanimous consent that the order for children. ponents of the cost of health care. the quorum call be rescinded. The price of rice has tripled in just I will talk about what we need to do The ACTING PRESIDENT pro tem- the last 18 months. There is even ra- in terms of Medicare eligibility. When pore. Without objection, it is so or- tioning of the sale of rice in the United somebody signs up for Medicare when dered. States. You may have seen the papers they are 65 years old—you are supposed f this morning. Some major warehouse- to go in 90 days before your 65th birth- type operations are limiting the day; I am getting close, so I am looking WORLD FOOD CRISIS amount of rice Americans can buy. In at these things—I think you ought to Mr. DURBIN. Mr. President, the Bangladesh, a 2-kilogram bag of rice— be required to execute a durable power world is facing a global food crisis, and a little over 4 pounds—which might of attorney when you become eligible. it is growing worse by the day. Each feed a small family for a couple of days Eighty percent of the cost of health morning, we see a new front-page head- now consumes about half the daily in- care to me, to you, and to anybody else line reminding us of the urgency of the come of a poor family. In the Phil- happens in the last 60 days of life. More situation. It threatens not only the ippines, hoarding rice is now punish- often than not, people are not in a con- health and survival of millions of poor able by life in prison. In rural El Sal- dition to make a decision for them- people around the globe, many of them vador, the World Food Program esti- selves. Because of laws, and because we children, but it also threatens the sta- mates that rising food prices have cut

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00047 Fmt 0686 Sfmt 0634 E:\BR08\S24AP8.001 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6848 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 April 24, 2008 the caloric intake of the average meal Here are photographs of recent food values and have common goals in life 40 percent from 2 years ago. riots, one in Haiti, another in Egypt. think little of our country. They are The World Food Program is the food Just a word. I went to Haiti a few wrong. They don’t understand our val- aid branch of the United Nations and years ago with former Senator Mike ues. They don’t understand who we are. the world’s largest humanitarian agen- DeWine of Ohio—my first visit. I had We have a chance to help them under- cy. It operates in about 80 nations, pro- been prodded into going there because I stand by coming to the aid of those liv- viding food to about 90 million poor traveled to Asia and Africa, and some- ing in poverty and those facing starva- people a year. Two-thirds of them are one finally said: Why do you travel so tion and depravation around the world. kids. Because of rising food prices, the far looking for the worst poverty in the The causes of today’s soaring global World Food Program can afford to buy world when it is in your backyard, on food prices and food shortages are only 50 percent of the food for school- the island of Haiti? So I went there, to many, they are complicated, and they children that it could purchase a year the island of Hispaniola, which has are interrelated. For the sake of world ago. Haiti and the Dominican Republic, and security, more work is needed to un- This is the worst global food crisis in they were right. I had never seen worse derstand these causes and develop long- more than 30 years, since the Arab oil poverty anywhere in the world, and it term solutions to feed a hungry world. embargo in the early 1970s caused sharp is in our backyard. And now these peo- But we cannot wait for comprehensive spikes in world food prices. The blue ple are digging through a dump trying solutions to start dealing with today’s shaded areas on this map show 36 na- to find something to eat in Haiti. crises. We need to focus on what we can tions on four continents now facing a Here, in Egypt, they have two lines do at this moment. We need to put an growing risk of hunger and the social of troops holding back a food riot that end to this emergency. unrest that comes with it. The flames occurred there. The Department of Agriculture an- indicate places where riots or protests Haiti recently ousted its Prime Min- nounced last week that it will release are already taking place. It may not be ister after days of violent protest over $200 million in commodities from the easy for those following this to see, but soaring food prices. Nine thousand U.N. Bill Emerson Humanitarian Trust. Bill if you can imagine, almost one-fifth of peacekeepers were ordered recently not was a friend of mine. He always had a the world’s countries are facing a food to fire on civilians as widespread soft spot in his heart for these pro- crisis, and many more are facing pro- looting and shooting continued. grams, and I am glad this one is named tests and demonstrations. In Africa, 21 In Egypt, the Government has had to after him. Mr. President, $200 million is countries are unable, for a variety of dispatch riot police to break up food an important step that will help, but it reasons, to meet their own food needs. protests. The military has even been is not enough. In Asia, nine countries are facing food put to work baking bread in an effort Last week, I met with Josette shortages; four Latin American na- to prevent even more anger over soar- Sheeran. She runs the World Food Pro- tions; and in Europe, food shortages in ing food prices. gram. What a tough assignment at this Moldova and Chechnya. The list of Senegal is regarded as one of Africa’s moment in history. She says they are these countries is here, and it is a long most stable democracies, but even at least $755 million short of what is list. It shows you how this is stretching there, rising anger over food prices is needed to respond to this global crisis. across the world, particularly in the directed at the Government. Recent Beginning next month, for lack of poorer sections. demonstrations in Senegal turned vio- money, the World Food Program may Aid organizations are seeing these ef- lent as police in riot gear struck and be forced to suspend its school feeding fects on the ground. CARE staff with 20 used tear gas against protestors who programs in Cambodia. This last chart years’ experience in the field say they were protesting for food. shows women in a small village in have never seen a situation this bad, Parts of India were enduring riots India reaching out desperately for rice and there are no immediate prospects over the high cost of rice as far back as sold by Government officials. ‘‘The for relief. 6 months ago. world’s misery index is rising’’ as a re- Last week, U.N. Secretary General Recent history reminds us how close- sult of the food crisis, Josette Sheeran Ban Ki-moon described the world food ly our security is linked to the security of the World Food Program said last situation as having reached emergency of these farflung places. Sending help week. proportions. He and World Bank Presi- in the form of food aid to these coun- Senators BIDEN and KERRY have dent Robert Zoellick have warned that tries whose people are starving is clear- joined me in asking the White House the food crisis ‘‘could mean 7 lost years ly the right thing to do, but it is also for $550 million for this global food cri- in the fight against worldwide pov- the smart thing to do. If we stand by sis. I have joined Senator BOB CASEY erty.’’ and watch these violent uprisings and others in asking the Appropria- We spend a lot of time on the Senate cause governments to fall, this growing tions Committee in the Senate to pro- floor talking about security, especially crisis will pose a threat to the security vide this help in the supplemental in the context of Iraq. But security is of the United States of America. funding bill which we will be consid- not won or lost only on the streets of Surveys by Pew Research show favor- ering very soon. Baghdad or on the battlefields of Af- able opinions of America suffered steep Other countries are rising to the ghanistan. Security is at stake in the declines since 2000, and not just among challenge. Last week, France an- bread lines of Egypt, the rice markets old enemies but among recent allies: in nounced an additional $100 million; the in Thailand, and the withering corn- Great Britain, from 83 percent favor- UK pledged $60 million; and Norway, fields in Zimbabwe. The global food cri- able toward the United States down to $20 million. Such contributions are im- sis is also a looming security crisis, 56 percent in 2006; in Germany, from 67 portant. one that threatens the stability of percent to 37 percent; in Indonesia, Another important step would be for many already fragile governments. from 75 percent to 30 percent; in Tur- the United States and donor nations to Pockets of fierce protest could trigger key, from 52 percent to 12 percent; and allow a percentage of food aid to be outbreaks of sustained violence, even in Jordan, which we consider to be an purchased in local food products. It war. ally and friend, only 15 percent of the may be that the food is there and if Referring to the same chart, the people have a favorable opinion of our purchased can be given to the people flames on this map show what has been Nation. Yet amid these troubling num- rather than delaying the delivery by experienced over the last 16 months in bers, the study also showed moments of shipping things from faraway destina- terms of riots and demonstrations. improved attitudes toward America, tions. I urge my colleagues to support Haiti and Egypt, two nations where generated by U.S. aid for tsunami vic- this request. food prices have doubled in the last 2 tims in Indonesia and elsewhere. For those who say $550 million is just years, have already seen violent unrest We need to take heed that some too much to spend to avoid global linked to these soaring food prices. countries in the world that share our shortages and unrest, I remind them

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00048 Fmt 0686 Sfmt 0634 E:\BR08\S24AP8.001 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 6849 that is just about what we spend in 1 ‘‘It’s the worst crisis of its kind in more peared to taunt the populace as the chorus of day in the war in Iraq—1 day. We are than 30 years,’’ said Jeffrey D. Sachs, the complaints about la vie che´re—the expensive talking about the amount of money economist and special adviser to the United life—grew. He said if Haitians could afford needed to try to avert a global food cri- Nations secretary general, Ban Ki-moon. cellphones, which many do carry, they ‘‘It’s a big deal and it’s obviously threat- should be able to feed their families. ‘‘If sis. ening a lot of governments. There are a num- there is a protest against the rising prices,’’ A little over a week ago, the world’s ber of governments on the ropes, and I think he said, ‘‘come get me at the palace and I economic ministers met here in Wash- there’s more political fallout to come.’’ will demonstrate with you.’’ ington to discuss the state of the world Indeed, as it roils developing nations, the When they came, filled with rage and by economy. They declared that food spike in commodity prices—the biggest since the thousands, he huddled inside and his shortages and skyrocketing prices the Nixon administration—has pitted the presidential guards, with United Nations posed potentially greater threats to globe’s poorer south against the relatively peacekeeping troops, rebuffed them. Within days, opposition lawmakers had voted out economic stability than the turmoil in wealthy north, adding to demands for reform of rich nations’ farm and environmental poli- Mr. Pre˜val’s prime minister, Jacques- capital markets. They called on cies. But experts say there are few quick E´ douard Alexis, forcing him to reconstitute wealthier nations to help prevent star- fixes to a crisis tied to so many factors, from his government. Fragile in even the best of vation and disorder. strong demand for food from emerging times, Haiti’s population and politics are We have a choice. We can stand back economies like China’s to rising oil prices to now both simmering. and watch this disaster unfold or we the diversion of food resources to make ‘‘Why were we surprised?’’ asked Patrick ˜ can demonstrate to the world what we biofuels. Elie, a Haitian political activist who fol- There are no scripts on how to handle the lowed the food riots in Africa earlier in the stand for. We can show the world that year and feared they might come to Haiti. we understand hunger and violent un- crisis, either. In Asia, governments are put- ting in place measures to limit hoarding of ‘‘When something is coming your way all the rest are also forms of tyranny and ter- rice after some shoppers panicked at price way from Burkina Faso you should see it rorism and we are committed, the increases and bought up everything they coming. What we had was like a can of gaso- United States, to doing our part to could. line that the government left for someone to help end them. Even in Thailand, which produces 10 mil- light a match to it.’’ This is not charity. International lion more tons of rice than it consumes and DWINDLING MENUS food assistance in the face of the global is the world’s largest rice exporter, super- The rising prices are altering menus, and food crisis is the right thing to do, the markets have placed signs limiting the not for the better. In India, people are smart thing to do, and the American amount of rice shoppers are allowed to pur- scrimping on milk for their children. Daily chase. thing to do. bowls of dal are getting thinner, as a bag of But there is also plenty of nervousness and lentils is stretched across a few more meals. Mr. President, I ask unanimous con- confusion about how best to proceed and just Maninder Chand, an auto-rickshaw driver sent that following my remarks, the how bad the impact may ultimately be, par- in New Delhi, said his family had given up April 18, 2008, article from the New ticularly as already strapped governments eating meat altogether for the last several York Times as well as the April 22, struggle to keep up their food subsidies. weeks. 2008, article from the Irish Times be SCANDALOUS STORM Another rickshaw driver, Ravinder Kumar printed in the RECORD. ‘‘This is a perfect storm,’’ President Elı´as Gupta, said his wife had stopped seasoning There being no objection, the mate- Antonio Saca of El Salvador said Wednesday their daily lentils, their chief source of pro- rial was ordered to be printed in the at the World Economic Forum on Latin tein, with the usual onion and spices because America in Cancu˜ n, Mexico. ‘‘How long can the price of cooking oil was now out of RECORD, as follows: reach. These days, they eat bowls of watery, [From the New York Times, Apr. 18, 2008] we withstand the situation? We have to feed our people, and commodities are becoming tasteless dal, seasoned only with salt. Down Cairo’s Hafziyah Street, peddlers ACROSS GLOBE, EMPTY BELLIES BRING RISING scarce. This scandalous storm might become selling food from behind wood carts bark out ANGER a hurricane that could upset not only our their prices. But few customers can afford (By Marc Lacey) economies but also the stability of our coun- their fish or chicken, which bake in the hot PORT-AU-PRINCE, HAITI.—Hunger bashed in tries.’’ sun. Food prices have doubled in two the front gate of Haiti’s presidential palace. In Asia, if Prime Minister Abdullah Ahmad months. Hunger poured onto the streets, burning Badawi of Malaysia steps down, which is Ahmed Abul Gheit, 25, sat on a cheap, tires and taking on soldiers and the police. looking increasingly likely amid post- stained wooden chair by his own pile of rot- Hunger sent the country’s prime minister election turmoil within his party, he may be ting tomatoes. ‘‘We can’t even find food,’’ he packing. that region’s first high-profile political cas- said, looking over at his friend Sobhy Haiti’s hunger, that burn in the belly that ualty of fuel and food price inflation. Abdullah, 50. Then raising his hands toward so many here feel, has become fiercer than In Indonesia, fearing protests, the govern- the sky, as if in prayer, he said, ‘‘May God ever in recent days as global food prices spi- ment recently revised its 2008 budget, in- take the guy I have in mind.’’ ral out of reach, spiking as much as 45 per- creasing the amount it will spend on food Mr. Abdullah nodded, knowing full well cent since the end of 2006 and turning Hai- subsidies by about $280 million. that the ‘‘guy’’ was President Hosni Muba- tian staples like beans, corn and rice into ‘‘The biggest concern is food riots,’’ said rak. closely guarded treasures. H.S. Dillon, a former adviser to Indonesia’s The government’s ability to address the Saint Louis Meriska’s children ate two Ministry of Agriculture. Referring to small crisis is limited, however. It already spends spoonfuls of rice apiece as their only meal but widespread protests touched off by a rise more on subsidies, including gasoline and recently and then went without any food the in soybean prices in January, he said, ‘‘It has bread, than on education and health com- following day. His eyes downcast, his own happened in the past and can happen again.’’ bined. stomach empty, the unemployed father said Last month in Senegal, one of Africa’s old- ‘‘If all the people rise, then the govern- forlornly, ‘‘They look at me and say, ‘Papa, est and most stable democracies, police in ment will resolve this,’’ said Raisa Fikry, 50, I’m hungry,’ and I have to look away. It’s riot gear beat and used tear gas against peo- whose husband receives a pension equal to humiliating and it makes you angry.’’ ple protesting high food prices and later about $83 a month, as she shopped for vegeta- That anger is palpable across the globe. raided a television station that broadcast bles. ‘‘But everyone has to rise together. The food crisis is not only being felt among images of the event. Many Senegalese have People get scared. But we will all have to the poor but is also eroding the gains of the expressed anger at President Abdoulaye rise together.’’ working and middle classes, sowing volatile Wade for spending lavishly on roads and five- It is the kind of talk that has prompted the levels of discontent and putting new pres- star hotels for an Islamic summit meeting government to treat its economic woes as a sures on fragile governments. last month while many people are unable to security threat, dispatching riot forces with In Cairo, the military is being put to work afford rice or fish. a strict warning that anyone who takes to baking bread as rising food prices threaten ‘‘Why are these riots happening?’’ asked the streets will be dealt with harshly. to become the spark that ignites wider anger Arif Husain, senior food security analyst at Niger does not need to be reminded that at a repressive government. In Burkina Faso the World Food Program, which has issued hungry citizens overthrow governments. The and other parts of sub-Saharan Africa, food urgent appeals for donations. ‘‘The human country’s first postcolonial president, riots are breaking out as never before. In instinct is to survive, and people are going to Hamani Diori, was toppled amid allegations reasonably prosperous Malaysia, the ruling do no matter what to survive. And if you’re of rampant corruption in 1974 as millions coalition was nearly ousted by voters who hungry you get angry quicker.’’ starved during a drought. cited food and fuel price increases as their Leaders who ignore the rage do so at their More recently, in 2005, it was mass protests main concerns. own risk. President Rene´ Pre´val of Haiti ap- in Niamey, the Nigerien capital, that made

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00049 Fmt 0686 Sfmt 0634 E:\BR08\S24AP8.001 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6850 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 April 24, 2008 the government sit up and take notice of The speed at which these changes are tak- Like the youth who participate in that year’s food crisis, which was caused by ing place can be seen from a glance at invest- the Global Youth Service Day, I gravi- a complex mix of poor rains, locust infesta- ment in biofuels. In 1995 it was a mere $5 bil- tated towards public service at a young tion and market manipulation by traders. lion. A decade later it had jumped to $38 bil- age. After graduating from law school, ‘‘As a result of that experience the govern- lion, and is expected to top $100 billion (Ö63 ment created a cabinet-level ministry to billion) by 2010. I worked for the Department of Health, deal with the high cost of living,’’ said Sorry to say the biofuel boom is a classic Education and Welfare on the rights Moustapha Kadi, an activist who helped or- example of the paradox of conscious purpose. and potential contributions of disabled ganize marches in 2005. ‘‘So when prices went This means that we often achieve the very Americans. We all have a contribution up this year the government acted quickly opposite result to the one we intended. In to make, and for me, the greatest joy to remove tariffs on rice, which everyone both southeast Asia and South America, in life has come from public service, eats. That quick action has kept people from growing biofuel crops has led to massive de- which has enabled me to touch count- taking to the streets.’’ struction of the rainforest. In Brazil, for ex- less lives. My mother, Mary Hanford, THE POOR EAT MUD ample, more than 302,514 hectares were de- stroyed in the second half of 2007. One of the who passed away just shy of 103 years In Haiti, where three-quarters of the popu- old, taught me at a very young age the lation earns less than $2 a day and one in five main reasons for this is the pressure to grow children is chronically malnourished, the more soya. importance of giving back to your one business booming amid all the gloom is In Malaysia and Indonesia producing community and helping those around the selling of patties made of mud, oil and biofuels from palm oil will increase the you. She taught me that the best thing sugar, typically consumed only by the most amount of carbon dioxide released into the you can leave behind is not found on a destitute. atmosphere, because the preferred way of re´sume´ or in a bank account; it is ‘‘It’s salty and it has butter and you don’t clearing the forest is by burning it. This found in your character, making a dif- final destruction of the forest will lead to know you’re eating dirt,’’ said Olwich Louis ference, a positive difference, the lives Jeune, 24, who has taken to eating them the extinction of countless species of plant, more often in recent months. ‘‘It makes your animal, reptile and bird life. of others. stomach quiet down.’’ Global food supplies are also at a very low During Global Youth Service Day, But the grumbling in Haiti these days is no ebb. The last time the U.S.’s grain silos were millions of young people across the longer confined to the stomach. It is now so empty was in the early 1970s when Presi- globe will participate in thousands of spray-painted on walls of the capital and dent Richard Nixon sold the wheat surplus to community improvement projects. Al- shouted by demonstrators. the USSR because crop failures there were though we commemorate this event In recent days, Mr. Pre´val has patched to- leading to starvation. The U.S. recently told only once a year, Global Youth Service gether a response, using international aid the World Food Programme to expect a 40 Day is a celebration of contributions money and price reductions by importers to per cent increase in the price of food in 2008. cut the price of a sack of rice by about 15 Less food and dearer food has led to riots made every day by dedicated young percent. He has also trimmed the salaries of around the world. In Morocco, 34 people were people who desire to change the world some top officials. But those are considered arrested in January 2008 for taking part in one good deed at a time, and by the temporary measures. riots over food prices. The situation in Egypt communities that empower them to do Real solutions will take years. Haiti, its is worse. In a 12–month period up to March so. True service is not giving 1 day or agriculture industry in shambles, needs to 2008, the price of cereals and bread had in- even 1 week a year; it is truly a way of better feed itself. Outside investment is the creased in Egypt by 48.1 per cent, according life. key, although that requires stability, not to Egypt’s Central Agency for Public The projects carried out for Global the sort of widespread looting and violence Mobilisation and Statistics. The price of that the Haitian food riots have fostered. cooking oil rose by 45.2 per cent. Because of Youth Service Day focus on issues Meanwhile, most of the poorest of the poor these increases, the Egyptian government ranging from increasing literacy to suffer silently, too weak for activism or too has relaxed the rules on who is eligible for protecting the environment and ending busy raising the next generation of hungry. food aid. This has led to tensions and, if the hunger. One can see the diversity of In the sprawling slum of Haiti’s Cite´ Soleil, situation continues, could destabilise the the projects and the dedication of the Placide Simone, 29, offered one of her five government. participants by looking at those car- offspring to a stranger. ‘‘Take one,’’ she said, The same is true in Pakistan. Meanwhile, ried out in my home state of North cradling a listless baby and motioning to- at least four people were killed and 20 Carolina during last year’s Global ward four rail-thin toddlers, none of whom wounded when demonstrations against rising had eaten that day. ‘‘You pick. Just feed food prices turned into riots in southern Youth Service Day. One such project, them.’’ Haiti. the Pfeiffer University Relay for Life, My colleagues in the Philippines tell me was held a few miles from my home- [From the Irish Times, Apr. 22, 2008] that both the price of rice and insecure sup- town of Salisbury. This 24-hour relay CLIMATE CHANGE DEVASTATION GIVES FOOD plies of the cereal could do much more to was held to support cancer research FOR THOUGHT ON EARTH DAY destabilise the government of President Glo- and to raise awareness. Another (By Fr. Sea´ n McDonagh) ria Macapagal Arroyo than coup plotters or project, in Charlotte, involved a group Tuesday, April 22nd, is Earth Day. Unfor- even charges of gross corruption. All in all doing their own part to protect the en- tunately, there is very little to celebrate there is little to celebrate on Earth Day, 2008. vironment by picking up litter and this year, as the devastation of the Earth is cleaning a creek in their neighborhood. increasing at an extraordinary rate and, in Mr. DURBIN. I yield the floor and Looking back over the years, my be- many countries, the poor are feeling the pain suggest the absence of a quorum. of hunger and starvation. lief is it won’t be the cars you drove or The major culprit this year is climate The ACTING PRESIDENT pro tem- the titles you held or the awards you change. Droughts in various parts of the pore. The clerk will call the roll. were given that will matter. No, it is world, especially Australia, have cut food The legislative clerk proceeded to character, integrity, a caring heart and supplies and the rush to grow biofuels leaves call the roll. compassionate concern and love for less land on which to grow food. As a result f your fellow man that will count for so food prices have jumped dramatically during much more. So let me assure you, that the year. Maize is up 31 per cent, rice has in- GLOBAL YOUTH SERVICE DAY creased by 74 per cent, soya is up 87 per cent, just one individual, one person like and wheat is now 130 per cent dearer than it Mrs. DOLE. Madam President, I rise those who participate in this impor- was last year. today in support of the 20th Annual tant day, can make a world of dif- In recent years, concerns about global Global Youth Service Day. This event, ference . . . even, I might say, a dif- warming and the end of the oil era convinced the largest service event in the world, ferent world. Volunteers are a powerful many people that growing energy crops celebrates the contributions of young force, and our future depends on people might be a good idea. In the U.S. the produc- people to better their community, like these youth, who will motivate tion of ethanol from plant matter increased country and world through volunta- by a factor of five in the past decade. Policy and challenge others and make that decisions taken this year will lead to a fur- rism. The day also celebrates contribu- positive difference. ther five-fold increase. Europe is also boost- tions by the community, including the No one is ever too young or too old to ing biofuel production and attempting to public, private, and nonprofit sectors, be involved in shaping our world. I en- source it from various parts of the world. to empower young people. courage all youth to be inspired on this

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00050 Fmt 0686 Sfmt 0634 E:\BR08\S24AP8.001 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 6851 day to use their talents to find ways to going to do what is right. Just a month There is enormous potential in terms make a positive difference in the lives ago, President Bush, when asked about of wind, other forms of solar. We have of others. I am proud to be an original the high price of gas at the pump, was to focus and invest in those tech- cosponsor of legislation designating very surprised to learn, in fact, that it nologies. April 25, 2008, as Global Youth Service was going up. But over the short term, today, we Day. Vice President CHENEY, who was the have to understand that while we move I yield the floor and suggest the ab- former CEO of Halliburton, deeply in- forward in transforming our energy sence of a quorum. volved in the oil industry when they system, we must respond to the pain The PRESIDING OFFICER (Ms. first came into power, met with rep- and the distress and the fear Ameri- KLOBUCHAR). The clerk will call the resentatives of the oil industry. They cans are feeling today as gas prices roll. are representing, unfortunately, the oil soar. The assistant legislative clerk pro- industry. They are not representing While this is a complicated issue, ceeded to call the roll. the consumers of this country or work- there are a number of ways I believe Mr. SANDERS. I ask unanimous con- ing families. So it is incumbent on the Congress can act to lower the price of sent that the order for the quorum call Congress now in a comprehensive way oil. Let me mention a few ideas I be- be rescinded. to start moving forward. lieve we should be pursuing. The PRESIDING OFFICER. Without This is a complicated issue. I don’t First, we need to impose a windfall objection, it is so ordered. think anyone believes there is one sin- profits tax on the oil and gas industry. f gle cause for the rapid increase in oil The American people do not under- prices, nor does anybody believe there stand—I do not understand—why they OIL PRICES is one single solution. But we do know are paying recordbreaking prices at the Mr. SANDERS. Madam President, some of the causes and what we have to gas pump, while ExxonMobil has made this country faces many problems. All do to lower the price of oil. If we are more profits than any other company over this country people are worried going to protect middle-class Ameri- in the history of the world for the past about decent-paying jobs, the high cost cans, working Americans, that is ex- 2 consecutive years. The price at the of college education, and a disinte- actly what we have to do. pump: $3.50 a gallon; ExxonMobil mak- grating health care system. They are While oil prices are soaring, what we ing more profits than any company in worried about the growing gap between should acknowledge is that the profits the history of the world. the very rich and everybody else. But of huge oil companies are also soaring Last year alone, ExxonMobil made on Saturday, I held three town meet- to recordbreaking levels. We know $40 billion in profits, and rewarded its ings around the State of Vermont: one hedge fund managers make billions CEO, Rex Tillerson, with $21 million in in Norwich in the morning, one in speculating on oil futures, and we total compensation. Now, you may Radford in the afternoon, and one in a know OPEC continues to function as a think that is a lot of money. But a few small town in northern Vermont in price-fixing cartel in violation of the years ago, they rewarded their former Danville in the evening. World Trade Organization. CEO, Lee Raymond, with a $400 million To nobody’s surprise, the issue that The average price for a gallon of gas compensation package when he retired. is paramount on people’s minds today recently hit a recordbreaking $3.53 a Outrageously high prices for oil and is the outrageously high price of gas gallon, which has more than doubled gas and CEOs at ExxonMobil with huge and home heating oil. Vermont is a since George W. Bush has been Presi- compensation packages. But rural State, which means people very dent. The price of diesel fuel is now ExxonMobil is clearly not alone. Chev- often have to travel long distances to averaging over $4 a gallon, and the ron, ConocoPhillips, Shell, and BP work. When they pay $3.50 for a gallon price of oil is hovering at close to $120 have also been making out like ban- of gas, it essentially means in most a barrel. These prices say it all. We dits. In fact, the five largest oil compa- cases that any wage increase they have a national emergency on our nies in this country have made over might have gotten over the last year hands. The time is now for this Con- $595 billion in profits since George W. goes right into that gas pump. People gress, this Senate, to act boldly to pro- Bush has been President. are hurting. Wages, in fact, are often tect consumers. Let me be very clear. I believe oil not going up. So the end result is that Recordbreaking oil and gas prices at companies should be allowed to make a people are working longer hours for the pump are posing a crisis not only reasonable profit, but they should not lower wages. to commuters going to work, especially be allowed to rip off the American peo- I have talked to many people who in rural areas, but family farmers, con- ple. Enacting a true windfall profits say: We used to go places. We used to sumers, small businesses, truckers, air- tax would not raise a dime in revenue travel. We can’t afford to do that any- lines, grocery stores, restaurants, ho- but would lead to significantly lower more. Also, obviously, in a State such tels, tourists, and every sector of our gas prices at the pump—something we as Vermont, where the weather gets economy. need to do today. The reason for that is very cold in the wintertime, the cost of High oil prices are one of the reasons quite simple. There would no longer be home heating oil is a real burden. we are moving toward a serious reces- an incentive for the big oil companies There are many people in my State and sion which will impact not just this to gouge consumers at the pump be- all over the country who are worried country but the entire world. cause they would not be able to keep about how they are going to be able to The national oil emergency we are any of their windfall profits. heat their homes next winter. currently experiencing demands both a Imposing a windfall profits tax will We have a national crisis. It is a cri- short-term and a long-term solution. not be easy. Since 1998, the oil and gas sis that is not only impacting on gas Long term, we must reduce our depend- industry has spent—this is quite amaz- prices at the pump or home heating oil ency on fossil fuel, we must move to ing—over $600 million on lobbying. prices. It impacts food and every other energy efficiency, we must move to Since 1998, a 10-year period, they have product we purchase because as oil sustainable energy—and the potential spent over $600 million on lobbying. prices go up, prices on so many of the there is enormous. It is enormous. We They own the law firms. They are products we buy are going to go up as can save huge amounts of energy when former Republican leaders, former well. This is a national crisis. we have a transportation system that Democratic leaders, besieging Congress The time is long overdue for the enables us to drive hybrid cars, to get to do everything we can to protect the White House and for Congress to begin cars that get 70, 80 miles per gallon, big oil companies rather than people to move forward in a comprehensive where we have a mass transportation who are getting ripped off at the gas way. I would be less than honest if I system. There is enormous potential in pump. told you I have a lot of confidence that terms of solar thermal plants, which Since 1990, these very same oil and the Bush-Cheney administration is produce huge amounts of electricity. gas companies have made over $213

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00051 Fmt 0686 Sfmt 0634 E:\BR08\S24AP8.001 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6852 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 April 24, 2008 million in campaign contributions. So In addition, the Bush administration tricity prices fell dramatically. The the folks back home may get an under- must stop the flow of oil into the Stra- President should have similar author- standing of why we are not as a body tegic Petroleum Reserve and imme- ity over gas prices. aggressively standing up to these peo- diately release oil from this Federal These are a few of the ideas that are ple, that has to do with huge amounts stockpile to reduce gas prices. out there. Other people have good of money in lobbying, huge amounts of At a time of record-high prices, it ideas. My view is we should bring these money in campaign contributions. simply makes no sense to continue to ideas together in a comprehensive way. But the time is now for the Congress take oil off the market and put it into If we do that, and if we stand together to have the courage and for the Presi- the SPR. But do not take my word for in a bipartisan way—if the President of dent of the United States to say no to it. Even the staff at the Strategic Pe- the United States decides to represent the oil and gas lobbyists and their out- troleum Reserve recommended against the consumers of this country rather rageous campaign contributions and buying more oil for SPR in the spring than just the oil companies—we can yes to consumers who simply cannot of 2002. Let me quote from what they keep faith with the American people. afford to pay these outrageously high had to say about this 6 years ago: We can lower prices. We can deal with prices for gas and oil. Commercial inventories are low, retail the very severe national crisis this While it is true oil companies and prices are high and economic growth is slow. country is now facing. their executives are making out like The Government should avoid acquiring oil Madam President, I yield the floor. bandits, it is also true that is not the for the Reserve under these circumstances. The PRESIDING OFFICER. The Sen- only cause of the problem. What we are If that advice was relevant in the ator from Washington is recognized. seeing today is that wealthy specu- spring of 2002, it is even more relevant Ms. CANTWELL. Madam President, I lators and hedge fund managers have today. Yet that is exactly the policy thank the Senator from Vermont for also been making obscene profits—bil- the administration is following. Even his comments about what is a growing lions and billions of dollars, in some though there are over 700 million bar- national crisis: the price of oil and the cases going to individuals—by driving rels of oil in the Reserve, the adminis- price of gasoline at the pump. I con- up the price of oil in unregulated en- tration has plans of putting an addi- gratulate him for making many impor- ergy markets with no Government tional 13 million barrels of oil into our tant points relating to this issue and oversight. Nation’s stockpile. where the Senate needs to go in trying That is why Congress must act to There is another issue out there that to address it. So I look forward to rein in these greedy speculators who we must address, and that is beginning working with him on his ideas and often have nothing to do with oil at all. to understand that OPEC is a cartel many of the other ideas my colleagues They do not care what they are specu- whose function in life is to control oil have to try to give consumers some re- lating on. They are just making money production and artificially drive up the lief at the pump. by driving up profits, and we must act price. It is my view that OPEC is oper- I think many consumers already by closing what has been referred to as ating in violation of World Trade Orga- have either turned on their televisions the ‘‘Enron loophole,’’ the loophole nization rules. or seen through the impact of going to that enabled Enron to do disastrous The President of the United States the gas station themselves that at $118 things in California some years ago and should begin action to break up OPEC. a barrel for oil, they are paying at on the West Coast. Yesterday, I signed a letter, as I be- least $3.56 a gallon for gasoline and This loophole was created in 2000 as lieve the Presiding Officer did, demand- more for diesel. part of the Commodity Futures Mod- ing that Saudi Arabia—one of the key But what is important to understand ernization Act. At the behest of Enron OPEC nations; the largest oil-pro- about this is that oil futures—which is lobbyists, a provision in this bill was ducing country in the world—increase an indication of the price of oil and im- inserted in the dark of night and with their production. pacts the physical market’s price of no congressional oversight, no congres- Amazingly, Saudi Arabia is pro- oil—are going to be over $100 for sev- sional hearings. Specifically, the Enron ducing less oil today than they were eral years, including probably until loophole exempts electronic energy several years ago. There are experts 2015. That is, the marketplace has al- trading from Federal commodities who believe they can be producing 1.8 ready decided it is buying oil at over laws. Virtually overnight, the loophole million barrels a day more, which $100 until 2015. So that is going to keep freed over-the-counter energy trading would have a significant impact on the price of oil high at over $100 and it from Federal oversight requirements, driving oil prices down. We have to re- is going to continue to have a signifi- opening the door to excessive specula- mind Saudi Arabia that in 1991, when cant impact and it is something we tion and energy price manipulation. Saddam Hussein’s army was going to need to take into consideration. Since the Enron loophole has been in overrun that country and take their Now, we have heard a lot of debate on effect, crude oil prices have jumped oil, soldiers from the United States of the floor this morning about this issue from $33.39 a barrel, in 2000, after ad- America put their lives on the line— and what the cause of it was. There justing for inflation, to over $117 a bar- died—defending Kuwait, defending have been a lot of accusations by a lot rel today. Saudi Arabia. That was their time of of different people saying: Here is what Last January, a veteran oil analyst need. Today it is our time of need. It is we think the problem is. at Oppenheimer has estimated there is the world economy’s time of need. Well, I wish to go through a couple as much as a $57 a barrel ‘‘speculative Saudi Arabia wants to buy sophisti- things I want to make sure our col- premium’’ on the price of oil. Others cated aircraft from the United States leagues understand is not the problem have estimated that speculators are of America. Well, I say to them, as or not the solution. driving up the price of oil by about 20 many of my colleagues say: Friendship First of all, we had people talking to 30 percent. is a two-way street. Increase your pro- about how this was all about more sup- Closing the Enron loophole would duction. Drive down the prices of oil. ply, and that if Democrats had not op- subject electronic energy markets to Lastly, we must give the President posed drilling in the Arctic Wildlife proper regulatory oversight by the the power to impose temporary price Refuge, somehow today we would not Commodity Futures Trading Commis- caps to stabilize oil prices when mar- have this problem, we would be sitting sion to prevent price manipulation and kets are being manipulated. here without any kind of oil problem. excessive speculation. Today, the Federal Energy Regu- Well, I wish to remind people that I would like to thank Senators LEVIN latory Commission, FERC, has the au- the Energy Information Administra- and FEINSTEIN for introducing legisla- thority to impose temporary price caps tion—our own Federal Government tion to close this loophole. It should be on electricity. When it used this au- agency—did an analysis of drilling in passed and signed into law as soon as thority to deal with the California en- the Arctic National Wildlife Refuge possible. ergy crisis created by Enron, elec- and said that:

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00052 Fmt 0686 Sfmt 0634 E:\BR08\S24AP8.001 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 6853 Drilling in the Arctic National Wildlife So is this just about supply and de- before Congress—and basically saying Refuge would only reduce gasoline prices by mand? Is it about that? Well, one indi- there is no justification for this price? a penny per gallon, and only in twenty years vidual from the Truckers Association What are we going to do? Are we going when drilling is at or near peak production. basically just said a few weeks ago: to just sit by and do nothing? We have That would be when it was at peak The oil market is no longer functioning on people in the marketplace who are urg- capacity. So hardly where we are supply-and-demand fundamentals. ing us to do something. today—at $118 a barrel—would that I don’t blame the Truckers Associa- have had a significant impact on the This is from an energy analyst who tion for saying that because they are basically was just quoted as saying: prices we have today. on the front line of out-of-control die- We also heard people say this was Unless the U.S. Government—the U.S. sel prices. When they see $4 a gallon for about environmental regulations, that Government—steps in to rein in specu- their diesel, it takes over $1,000 to fill somehow environmental regulations lators’ power in the market, prices will up a typical tractor trailer, and they had caused this problem. just keep going up. That is an oil in- can’t make enough money when they Well, let’s hear from the oil company dustry analyst. That is what he is say- are paying that kind of a price. This executives themselves. This one, ing. year, they will pay $22 billion more— Shell’s CEO, said: $22 billion more—for diesel fuel than Everybody wants a functioning mar- We are not aware of any environmental ket. Functioning markets mean there regulations that have prevented us from ex- last year’s high prices. So don’t think it is not costing Americans and costing is transparency, there is not manipula- panding refinery capacity or siting a new re- tion, it is working well, people can finery. industries that are based on transpor- tation and profit margins that are very trust the outcome, and people can So here are oil company executives make investments knowing that some- saying they do not know of any envi- low. We know there is more to this issue one isn’t gaming the system. That is ronmental regulations. I think this was what a functioning market is. It is testimony before the Senate—one of than what people have talked about here on the floor this morning. But clear that this individual is saying our committees. So, obviously, their they are not sure there is a functioning oil company executives are saying that let’s look at what is really going on and whether this price is justified. market, and they are basically saying is not what the problem is. that unless the U.S. Government steps They also said environmental regula- Let’s look at that. Again, I think a great source to un- in to rein it in, we are going to have a tions are not stopping refinery expan- problem. sions. So they were clear, testifying, derstand whether this price is justi- again, before the Senate: fied—that is, whether there is some- We have seen this before. We saw this thing else going on in the market- At this time, we are not aware of any with the Western energy crisis in elec- projects that have been directly prevented as place—is the oil company executives tricity. We saw the market go crazy a result of any specific Federal or State reg- themselves because if they are saying and people stand by and say: Oh, you ulation. oil shouldn’t be at $100 a barrel, then know what, you didn’t build enough ca- So you cannot stand on the floor of why should it be at $100 a barrel? If pacity; the environmentalists stopped the Senate and blame regulations or those in the industry are even claiming it; this and this was wrong, and that is environmental issues for not doing it shouldn’t be at this price, then some- what the problem was. Well, during something that would impact the price thing must be wrong and we should act that time period, guess what happened. of oil today. It is not true. These are to correct it. We lost nearly 600,000 jobs, and there CEOs, these are people in the business, But here is the CEO of Marathon Oil was a $35 billion drop in economic prod- and they are basically saying: No, that who basically said: uct. For us in the Northwest, it cost is not the effect. $100 oil isn’t justified by the physical de- our economy billions of dollars, and we We have one more from BP who said mand in the market. are still recovering from it. So now is that it also was not stopping them That is an oil company executive not the time to sit and point fingers from doing anything: owning up to that, just saying right up- that this is about some PAC environ- We do not believe that any Federal or front that it is not about the fact that mental problem or regulation or State environmental regulations have pre- oil should be at $100 a barrel. ANWR; this is about taking testimony vented us from expanding refinery capacity Let’s look at what some other CEO from individuals and standing up and or siting a new refinery. said, this one the CEO of Royal Dutch deciding what we are going to do to So here is the oil industry itself say- Shell, who just recently, on the 11th of protect our consumers. this month, basically said that oil fun- ing that is not what the issue is, that My colleague from Vermont men- damentals are no problem, meaning is not what the problem is. They have tioned a few things, and I wish to men- that is not what the issue is. It isn’t not been back since this time period to tion a few things, also, because I think basically supply and demand. They are claim any kind of Federal regulation there are four or five things we should the same as they were when oil was or environmental issue. be doing right now to help consumers. So let’s look at the other issue people selling for $60 a barrel. What he is say- This is a crisis. It demands a response talk about: inventory. Oh, there must ing is that the fundamentals in the by the Federal Government. Some of be inventories related to that issue of market are the same as when they these powers exist within the Federal the fact that you wouldn’t allow us to were $60 a barrel, so there is no prob- Government now, some of them we are drill in the Arctic Wildlife Refuge or lem with supply and demand. working on, but we need to be aggres- that it is about these environmental Let’s look at another executive from sive about protecting our consumers. restrictions and we couldn’t build re- an energy company. I like this because fineries. he actually just recently testified be- The first one my colleague from Here is someone who is an oil analyst fore the House of Representatives and Vermont mentioned was closing the who on March 10 had this to say about just spit it right out. He just said it Enron loophole. Now, many people may inventories: plain and simple. He said that the price not understand what closing the Enron Gasoline inventories are higher than the of oil should be about $50 to $55 per bar- loophole is, but just to give my col- historical average at this time of the year, rel. That is an oil company executive leagues a little refresher, this debate so there is really no need to worry about sup- this month testifying before a House has been going on basically since short- ply being too tight. committee saying that is what the ly after 2000 when Congress gave a So this is an oil analyst talking price of oil should be. loophole to electronic trading of en- about the marketplace and basically Now, I ask my colleagues, what are ergy. Basically, what that loophole saying: You can’t say this is about we going to do about this situation meant is they didn’t have to have the tight supply as it relates to the fun- when even the oil company executives same kind of transparency; that is, we damentals of supply and demand. are testifying—in this case, under oath don’t have the ability to look at the

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00053 Fmt 0686 Sfmt 0634 E:\BR08\S24AP8.001 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6854 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 April 24, 2008 books and see whether somebody ma- mately $373 million in part for con- to do to protect consumers. There are a nipulated the price or was doing some- spiring to corner the market and ma- lot of things that have been happening thing untoward in the marketplace. We nipulate the price of propane carried since our economy took this more sig- gave them an exemption. through the Texas pipeline. So there is nificant downturn. I would say it is a Since that time, Senator FEINSTEIN an example of where regulators got on significant downturn because no one and then more recently Senator LEVIN, the job. Similarly, in 2006, a manipula- can sustain these oil price impacts myself, and others have been trying to tive scheme to game a natural gas mar- across our economy. Yes, there are close that Enron loophole. We have ket by a now defunct hedge fund cost other things such as housing, but this been trying to close that Enron loop- consumers upwards of $9 billion, and in is having a significant impact. But if hole for over 4 years now. If anybody July of last year, Marathon Oil agreed you look at some of the solutions we wants to say there is any responsibility to pay a $1 million fine to settle have done so far, whether we are talk- here about what Congress hasn’t done charges that Marathon Petroleum ing about housing or in the banking in- and it has impacted the price of en- Company, a subsidiary, attempted to dustry, we have done a lot for the big ergy, then people ought to look at manipulate the crude oil prices in 2003. organizations. This is about doing their voting record and see whether So these are incidents of manipula- something to protect consumers on they voted to close the Enron loophole tion happening. We have an industry price. because that is part of this problem. that is saying it is not about supply I hope my colleagues will take this In addition, we should require over- and demand and the price should really list seriously as we propose legislation, sight of all oil futures; that is, why are be anywhere from $50 to $60 a barrel; it and I hope all of my colleagues will we saying oil futures somehow are less shouldn’t be at this price. We need the join in the Department of Justice important than any other commodity Federal regulators to do their job. starting this investigation. If you look we trade on the futures market for The fourth thing we need to do: Hav- at their Web site, they will tell you NYMEX or for the Chicago Mercantile ing gone through this with the incred- when they started the President’s cor- Exchange? They have reporting re- ible crisis of electricity, we learned we porate task force on fraud, particularly quirements. Federal investigators can have various agencies with various relating to Enron, and they started go and look at their books and see oversight, and the Department of Jus- making sure traders and others knew whether somebody can manipulate the tice did something very wise during they were going to lose their livelihood market. They have that. But, no, we that time period. It created the Enron and their profession if they manipu- are letting some of these oil futures Task Force. It created an Enron Task lated the market, people started get- which impact the price of today’s oil— Force to coordinate all the agencies ting serious about their actions. as I said, from now until 2015, people that could help them in the investiga- At $118 a barrel, we have to send a are purchasing oil futures at over $100 tion of the manipulation and corrup- message by the enforcement agencies a barrel, which means that is going to tion and fraud that was perpetrated by of the Federal Government that we are be a market indicator for what the that company. It worked well. That going to get serious about challenging physical price will be. We need to be President’s corporate task force on manipulative activity as it relates to having oversight of oil futures. fraud exists within the Department of oil prices and that we are going to do We had a very interesting hearing Justice today. our job and we are going to demand about a year ago where a professor My colleague from Washington, Con- that the Federal Government have a from American University, I think, gressman INSLEE, and myself wrote to cop on the beat when it comes to high came to testify, and he said: Is ham- the Department of Justice and Presi- oil prices. burger any more important than oil in dent Bush on Monday calling for a De- Mr. President, I yield the floor. America? Because he said that when partment of Justice oil market fraud The PRESIDING OFFICER (Mr. you look at beef and how it is regu- task force. We believe it is time to WHITEHOUSE). The Senator from Mis- lated and beef futures, there are things bring DOJ into the picture to be ag- sissippi is recognized. they have to report. There are trans- gressive in working with the CFTC, the f parencies in the marketplace. We re- FTC, the SEC, the Federal Energy Reg- quire all of this of them, but oil, which ulatory Commission, and any other SUPPLEMENTAL APPROPRIATIONS is essential to our economy, we basi- Federal agency to be the policeman on Mr. COCHRAN. Mr. President, what- cally have given exemptions to. So we this beat and make sure oil markets ever one’s point of view on the war in need to require oversight of all oil fu- are not being further manipulated. Iraq, on whether we should be involved tures. The last thing we need to do is to or not in the competition for influence The third thing we need to do is have make sure price gouging is also not oc- in that region, the incontrovertible the Federal Trade Commission write curring. Now, we had language in the fact is, there are men and women in rules for a law that we passed in 2007. 2007 Energy bill on this issue. I like the U.S. Armed Forces who are there This body did something. That is what this language because it is based on trying to protect our interests, carry people should be holding up today— language that 28 States have now that out the orders of their superiors, and holding up the fact that we did some- in the case of an emergency, when safeguard and defend the United States thing to protect consumers. We wrote a prices have gone out of control, it gives against all enemies, foreign and domes- new Federal statute basically which the President the ability to declare an tic. And they are in danger of running said that manipulation of oil markets emergency and to deal with those short of equipment and supplies and was a Federal crime, that you couldn’t prices. We may be getting to that the other means necessary to succeed have any manipulative devices or con- point. We may be getting to the point in this conflict because requests for trivances that manipulated the price of where we listen to these oil analysts supplemental appropriations are lan- oil. Now we are sitting around waiting who are saying these prices are going guishing in the House and Senate Ap- for the FTC to implement that rule. to just keep going up unless the Fed- propriations Committees, with no cer- Now, some people think: Well, maybe eral Government does something, and tain schedule for reporting out the bills there is not manipulation in the mar- then I think we are going to have to do that must be passed, the bills that ketplace. I want to give three examples more than this. But at least we need to must be passed to support our troops which have happened recently, all in do these four things—and I say hope- and replenish the accounts that have the last few years. They have been the fully pass this fifth one as well—to been depleted in this conflict. result of having new statutes on the make sure we are giving all the tools Mr. President, I am growing increas- books, but we certainly need to have to the administration to protect con- ingly concerned about the status of the this regulation implemented. One of sumers. President’s fiscal year 2008 request to those examples was British Petroleum. My colleague from Vermont said it provide supplemental funding to sup- The company must now pay approxi- well. This is about what are we going port our ongoing efforts in Afghanistan

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00054 Fmt 0686 Sfmt 0634 E:\BR08\S24AP8.001 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 6855 and Iraq. The President submitted the well that it would not be Chairman ates, sometimes we have to remind bulk of his request in February of 2007 BYRD’s preference, but I recognize that ourselves of our core responsibilities as in conjunction with his regular fiscal such decisions are sometimes made by Members of this body. In the context of year 2008 budget submission. He did so leadership and not by the chairman. this war supplemental, I think our core largely because Congress clearly ex- I am also concerned that the process responsibility is to give the men and pressed its desire for a full year esti- by which Congress will consider the women of our Armed Forces and diplo- mate of war costs. Yet Congress did not supplemental will again be through a matic corps the resources they need to appropriate a full year’s funding. series of messages between the House succeed in the mission they have been At the end of last year, Congress ap- and the Senate. The House will neither assigned by their Government, and to proved only a $70 billion ‘‘bridge fund’’ hold a committee markup nor generate do so without undue delay to support our operations in Iraq and an original bill for consideration. As We have had the President’s request Afghanistan until this spring. Enacting such, it appears there will be no con- for 14 months—14 months. We have even that amount required a pro- ference committee to reconcile dif- held hearings. Members and staff have tracted struggle between the House, ferences between the House and Sen- had numerous meetings with adminis- the Senate, and the President. As a re- ate. Rather, the committee leadership, tration officials and other interested sult, the Department of Defense had to as well as the majority leadership in parties to discuss the details of the issue furlough notices, make a series of the House and Senate, will retire be- need. We have received an updated re- inefficient transfers and hind closed doors to produce a final port from General Petraeus and Am- reprogrammings, and generally func- product for our consideration. The mi- bassador Crocker. tion in ways that could only detract nority will be part of the discussion to Mr. President, it is time to act. from its primary duties. varying degrees, but there will be no I yield the floor. We find ourselves today facing a very conference meeting to attend, there The PRESIDING OFFICER. The Sen- similar situation, more than 14 months will be no conference votes to decide ator from North Dakota is recognized. after the submission of the President’s items of disagreement, and there will Mr. DORGAN. Mr. President, I sug- request. We have not appropriated, ap- be no conference report for Members to gest the absence of a quorum. The PRESIDING OFFICER. The proved, or otherwise acted on some $108 sign or not to sign. clerk will call the roll. billion of the President’s request. The None of these procedures are without The legislative clerk proceeded to personnel, operations, and mainte- precedent. The Republican majority at call the roll. nance accounts that support our activi- times employed similar tactics to Mr. DORGAN. Mr. President, I ask ties in Iraq and Afghanistan are run- move legislation. But I fear that in the unanimous consent that the order for ning low. And by May or June, those appropriations realm, we are making a the quorum call be rescinded. accounts will run out of money. Soon habit of these procedures—a bad habit. The PRESIDING OFFICER. Without the Department of Defense will once Processing bills by exchanging mes- objection, it is so ordered. again have to issue furlough notices, sages with the House is becoming the f initiate transfers and reprogrammings, norm rather than the exception. For- and take other inefficient and demor- mal conference committees are becom- OIL AND GAS PRICES alizing actions that simply should not ing rare. It seems that committee Mr. DORGAN. Mr. President, I want be necessary. markups may be the next part of the to discuss several areas this afternoon. I have no doubt that Congress will regular order to go by the boards. This One is the excessive market specula- someday approve a funding bill. While trend should be of concern to all Mem- tion with respect to the price of oil and individual Senators have different bers of the Senate, not just the mem- gas. My colleagues have done so, and I views about what our policies should be bers of the Appropriations Committee. will weigh in on that. in Iraq and Afghanistan, I am confident I get the sense that the majority is I think what is happening is not only that each of my colleagues wants ulti- struggling mightily to develop a uni- unfair to the American consumer but mately to provide our Armed Forces fied, bicameral course of parliamentary damaging to this country’s economy. and our diplomatic corps with the re- action that is most advantageous for So I will talk about that in a bit. I sources they need to implement the their party and which minimizes the want to mention that, on Monday of policies of the U.S. Government. chances of unexpected legislative out- next week, at 2 p.m., I intend to chair My concern is, when will we act? And comes. I can understand that desire. It a hearing of the Democratic Policy how will we act? Every day, I read sto- is extraordinarily difficult to guide a Committee, in which we will hear from ries speculating about action on the bill as significant as this supplemental three additional whistleblowers on the supplemental. Last week, the Appro- through the legislative process, par- issue of waste, fraud, and abuse in con- priations Committee held a hearing on ticularly in an election year. tracting in Iraq. the supplemental with Office of Man- But in meeting and striving to engi- I have held a lot of hearings over a agement and Budget Director Nussle as neer all uncertainty out of the process, number of years with respect to con- the witness from the administration. It the majority is losing valuable time— tracting in Iraq. It is the most unbe- seemed as though we might mark up time that, in my view, would be better lievable waste, fraud, and abuse in the the bill this week, but that has not oc- spent marking up the bill, moving it to history of this country. On Monday, we curred. I had hoped that by now a the floor, and processing amendments will hear from whistleblowers who will markup would be definitely scheduled in the regular order. Let’s not forget tell us about the infamous burn pits in for next week. But that hasn’t occurred those who are depending upon the out- Iraq, where in many cases valuable either. Hopefully, a markup will occur come for their livelihood, their ability equipment is taken to be burned. In before we lose yet another week. to defend themselves and protect the other cases, equipment has been pil- But I grow more concerned with each security interests of our great country. fered and taken into the black market. passing day. In the other body, it ap- They are the ones who are awaiting our It is an unbelievable tale. But it just pears the majority will bypass the action. fits in with the other things we have committee altogether and take a bill Let the Congress work its will. Let heard. straight to the House floor. Why they the President make a decision whether I will not go through all the exam- would choose to forfeit the detailed to sign the bill, and let Congress re- ples. I have spoken about them at great knowledge and expertise of the rel- spond, if necessary. Not to make light length. Presumably, some are under evant committee of jurisdiction is be- of the Senate schedule over the past 2 criminal investigation. One would ex- yond me, but that is their decision to weeks, but we should be using this win- pect and hope that the Defense Depart- make. In the Senate, I am not entirely dow of time that appears to be avail- ment would begin to debar some con- comfortable that a similar procedure able to us. In the increasingly political tractors that are, in my judgment, isn’t under consideration. I know very atmosphere in which Congress oper- cheating the American taxpayers.

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00055 Fmt 0686 Sfmt 0634 E:\BR08\S24AP8.001 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6856 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 April 24, 2008 Let me give a few examples. A con- distributing one-hundred-dollar bills Unbelievable. tractor is charging for 42,000 meals a out of the back of pickup trucks. Is it Bunnatine Greenhouse came to tes- day they are serving to U.S. soldiers. It any wonder this is the most waste, tify. The price of her testimony was is discovered they are only serving fraud, and abuse we have ever seen? her job. She was the highest civilian of- 14,000 meals, overcharging by 28,000 In 1940, at the start of the Second ficial in the U.S. Army Corps of Engi- meals a day. I don’t know, maybe you World War, Harry Truman, then serv- neers. She said this awarding of the can miss a cheeseburger or two on the ing in this body, helped create a bipar- LOGCAP Rio contracts was the most bill someplace. But how do you over- tisan committee. It became known as blatant abuse of contracting authority charge for 28,000 meals a day? the Truman Committee. It cost $15,000 she had seen in her entire career. For An American contractor is paid to re- and saved $15 billion. They did 60 hear- that it cost her job. habilitate 140 Iraqi health clinics and ings a year for 7 years—60 hearings a I have told my colleagues before, I gets paid over $100 million, paid for year for 7 years. They issued sub- called the general at home at night with American dollars. The money is poenas. When they saw waste, fraud, who has since retired, who hired gone, but there are no health clinics. I and abuse, they stopped it. They were Bunnatine Greenhouse, who was judged guess there are maybe 20 of them with serious. It was a bipartisan investiga- to be one of the best contracting offi- shoddy construction. tive committee right here in this cials we ever had. I called him at home An Iraqi doctor who knows that an Chamber. at night. American contractor was paid to reha- This war in Iraq has gone on 5 years. I said: General Ballard, tell me about bilitate health clinics in rural areas I have held hearing after hearing Bunnatine Greenhouse. He said she was goes to the Iraqi Health Minister and chronicling the waste, fraud, and tops and what happened to her was says: I would like to tour these clinics abuse. And it is unbelievable. wrong, dreadfully wrong. that the American taxpayers paid to We read that one of the largest con- She blew the whistle on the good old rehabilitate because health is such an tractors we have engaged in Iraq, the boys network, and now her case is be- important need. The Interior Minister Halliburton Corporation, has been pay- hind a shroud in the Defense Depart- of Iraq said: You don’t understand, ing 10,000 of their U.S. employees ment like all the rest of these issues— most of these are imaginary clinics. through a subsidiary in the Cayman Is- under investigation, they say. When I had a guy come to a hearing I held, lands that has no staffing at all, just will the investigation be done? When and he saw $85,000 trucks being burned an office address. Why would they do will it end? on the side of the road, left on the side that? Why would they hire Americans Halliburton KBR was contracted to of the road because they didn’t have a and run their payroll through the Cay- provide water to the military bases in wrench to fix a flat tire. The road was man Islands? So they don’t have to pay Iraq. That was their job. A man named safe, the only reason they left the payroll taxes to the U.S. Government. Ben who was in Iraq working for Halli- trucks by the side of the road was be- When this supplemental comes to the burton came and said: We were pro- cause they could make a profit by buy- floor of the Senate in the next week or viding water but were not checking ing another one. Mr. President, $85,000 two, I am going to offer an amendment the—were not testing the water. trucks torched because they had a that says any contractor doing that It turns out the nonpotable water plugged fuel pump. What is the big deal should not be getting any more con- was more contaminated than raw about that? The contractor will simply tracts. water from the Euphrates River. That reorder new trucks because the Amer- At some point, does anybody have is what our soldiers were showering in, ican taxpayers are going to be stuck the nerve to stand up and say this has shaving with, and often brushing their with that bill. It is a cost-plus con- to stop? Is there at least a small group teeth with. tract. of people, perhaps a quorum, who Then I got hold of an internal Halli- How about $7,600 a month for leasing would say this has to stop? What we burton document—I believe it was 21 SUVs? How about $45 for a case of should do and what I have tried and I pages—written by Will Granger, the Coca-Cola? How long do we have to say with the support of Senator REID— man in charge of water quality in Iraq come to the floor of the Senate and and I appreciate his support—we have for Halliburton. He said this was a near talk about this unbelievable, utter tried very hard to create a Truman- miss. It could have caused mass sick- waste of the American taxpayers’ dol- type committee on behalf of the Amer- ness and death. This was an internal lars? ican taxpayers to say: Stop this waste, document leaked to me from inside We had a man named Judge Radhi stop this fraud, stop this abuse. Halliburton, written by a man in come to testify. I asked that he be al- We have been unable to do that in charge of water in Iraq: A near miss, lowed to testify before the Senate Ap- three votes in the Senate. I regret that could have caused sickness and death. propriations Committee. He came. He because the American taxpayer is We had whistleblowers from inside was appointed by Paul Bremer to be being fleeced and American soldiers are the company say this is what hap- the head of a Commission on Public In- being disserved by this waste, fraud, pened: Water more contaminated than tegrity in Iraq. They tried to kill him and abuse. raw water from the Euphrates River three times because the folks over Let me mention one additional exam- being sent to these camps. Halliburton there didn’t like somebody looking ple, which may seem like a small mat- said it didn’t happen—despite the fact I over their shoulders. ter, but is symptomatic of a larger had the evidence—didn’t happen, never He said they pursued thousands of problem. Henry Bunting, a wonderful happened, not true. The U.S. Army cases of corruption; $18 billion had been man who worked in Kuwait as a buyer said: Didn’t happen, never happened. I pilfered and wasted, most of it Amer- for Halliburton Corporation, brought a did not understand that. I would have ican money. He talked about $3 billion towel to a hearing. He held it up. He thought the U.S. Army would have spent by the former Defense Ministry said: We were buying towels for Amer- been apoplectic on behalf of the health of Iraq ordering airplanes that never ican soldiers. Here is a towel I was sup- of its troops. arrived in Iraq because it is likely the posed to buy, a white towel. So I or- So I asked the inspector general: Do money ended up in a Swiss bank ac- dered white towels. an investigation, will you, and tell me count. My supervisor said: You can’t buy what the facts are. Judge Radhi said, $18 billion he esti- that white towel. You need to buy a The inspector general did the inves- mated was wasted, most of it American towel that has the logo of our com- tigation and just finished a month and money. pany, embroidered in silk. a half ago. Guess what? The whistle- Does that surprise anybody? We lift- I said it will triple, quadruple the blowers were right. So why did the U.S. ed C–130 cargo loads of one-hundred- cost. The supervisor said: It doesn’t Army declare to us it didn’t? I under- dollar bills out of this country to fly matter, it is a cost-plus contract. We stand the company deciding it will not them to Iraq. In a war zone, you are will earn more money. admit to anything. What about the

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00056 Fmt 0686 Sfmt 0634 E:\BR08\S24AP8.001 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 6857 U.S. Army? In fact, they sent a general are you going to explain this to the OIL MARKET SPECULATION to this Congress, to the Armed Services American taxpayers? Mr. DORGAN. Mr. President, the Committee, to say these incidents We desperately need to establish a final matter I want to talk about today never happened. Now we have an in- Truman committee to investigate this is this issue of the price of oil and the spector general report that not only issue. The American taxpayers deserve price of gasoline and excessive specula- demonstrates that the general testified no less, in my judgment. tion. There has been some discussion inappropriately, was wrong, deceived today about this, and I want to make the Congress, but that the inspector f this point. general had provided that information We have seen a dramatic runup in the to the Pentagon prior to them sending MEDIA MARKET CONCENTRATION price of oil and, therefore, the price of the general up here to tell us informa- Mr. DORGAN. Mr. President, I wish gasoline. There is no justification with tion that was not accurate. respect to the fundamentals of oil and It just goes on and on. to mention, this morning out of the Senate Commerce Committee, thanks supply and demand for that. There is Mr. President, we need to have a Tru- no justification for it at all, but some- to Senator INOUYE’s and Senator STE- man committee. I know my message is thing has changed in this country. VENS’ support of my legislation, we tiresome to some, but it doesn’t matter What has changed is the futures mar- much to me. This Congress owes it to passed legislation that will veto a rule that was passed by the Federal Com- ket has become an orgy of speculation. the American people to do what pre- Let me quote a man named Mr. Fadel vious Congresses have done during war- munications Commission that allows for more consolidation in America’s Gheit, a top analyst from Oppenheimer time, and that is properly investigate and Co. He has been in this business for the waste, the fraud, and the abuse on media. The Federal Communications Com- 30 years. He said this a couple of the most significant expenditure of months ago. taxpayers’ money that has ever oc- mission decided they want more con- There is absolutely no shortage of oil. I’m curred ever in the history of this coun- centration in the media, despite the fact that most of what Americans hear, absolutely convinced that oil prices try for contractors. We shoveled money shouldn’t be a dime above $55 a barrel. Oil out this door. It is unbelievable. And see, and read every single day is di- speculators include the largest financial in- almost no oversight. rected by about five or six major cor- stitutions in the world. I call it the world’s I brought to the floor of the Senate porations in America. They think we largest gambling hall. It’s open 24/7. It’s to- many times a picture of a man who tes- need more concentration. So they tally unregulated. This is like a highway tified with bricks of one-hundred-dollar passed a rule that says it is going to be with no cops and no speed limit and bills wrapped in Saran Wrap. He said it OK to allow newspapers to buy tele- everybody’s going 120 miles per hour.’’ was the Wild West. We told contrac- vision stations in the same city. This is happening in the futures mar- tors: Come to this building and bring a We have had a prohibition against ket. You need a futures market to bag because we pay in cash. that action for a while. It is called hedge. You need it for liquidity. I un- I described that in the context of a cross-ownership. They did their rule. derstand that. What has happened to company called Custer Battles. Two The Chairman of the Federal Commu- the futures market is pretty bizarre. guys who had virtually no contracting nications Commission was very anx- We now see on the futures market 20 experience in a very short time got ious to get this rule done and serve times the amount of oil bought and many millions of dollars worth of con- whatever master he was serving. They sold every day than is used every day. tracts. And they were then found to did their rule, but today we passed a Twenty times more is bought and sold have defrauded the Coalition Provi- veto resolution out of the Commerce than is used. For the first time, we see sional Authority. Committee, a disapproval of the rule hedge funds up to their neck in the fu- I came to the floor a week or two ago by the Federal Communications Com- tures market. Is it because hedge funds and said the New York Times did some mission that would allow greater con- love oil? No, they don’t know anything enterprising reporting—good for them, centration in the media. about oil. Do they want oil delivered to and I say to those reporters: You did The last thing we need is more con- their offices? Do they want oil deliv- some great work, work that probably centration in the media. We have all ered to their homes? No. They never could have and should have been done these supporters that come to the Sen- want to own any oil. They want to buy by the Congress in the recent past. ate floor who say: What are you talk- things they will never get from people I showed a picture of a man named ing about? We have all these new out- who never had it. That is the way the Ephraim, 22 years old, and his 25-year- lets. Go to the Internet. See how many futures market works. These people are old vice president who was a massage sites there are. Go to cable television. speculating. Hedge funds are neck deep therapist—a 22-year-old CEO of a com- See how many channels there are. I speculating in oil futures, and for the pany and a 25-year-old massage thera- say: Yes, a lot of new choices but from first time investment banks have pist as the vice president. They ran a the same ventriloquist, the same joined them. So you now have big in- company that was a shell corporation source. vestment banks and big hedge funds set up by the 22-year-old’s dad some One guy testified before the Com- with a presence in the futures market years ago out of an unmarked office in merce Committee and said, for exam- like never before. They have all these Miami Beach. They got $300 million in ple, on cable television in my office, 48 commodity corners in their company contracts from the U.S. Department of channels are on basic tier and 42 of now, and they are hiring more, and the Army to provide munitions and those channels belong to the same five they are speculating at an unbelievable weapons to the Afghan army and po- or six major companies. That bill will rate. lice. come to the floor of the Senate because I am told, and I have read, that in- What ended up in Afghanistan was, in it is a privileged piece of legislation. vestment banks for the first time are many cases, ammunition from the mid- My resolution of disapproval, passed by even buying oil storage capability to 1960s, manufactured by the Chinese in the Commerce Committee today, will buy oil and take it off the market. boxes that were taped and coming come to the Senate as a privileged res- Why? To wait until it increases. So apart. This was a company that got olution. It will be on the calendar now. now we have oil upwards to $120 a bar- over $300 million. I am going to consult with Senator rel because we have so much rampant Should somebody ask the U.S. De- REID, and I will visit with the minor- speculation or outright gambling in partment of the Army and the ity, and find a time to bring it up and these markets. Sustainment Command of the Depart- have a vote to disapprove the rule that What does that mean for the folks ment of the Army in Illinois how on was enacted by the Federal Commu- driving a Chevrolet down the road, get- Earth did this happen? How did you nications Commission, which, in my ting low on gas and trying to figure out think you would get by with this? How judgment, stands logic on its head. how to get to a gas pump, and how to

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00057 Fmt 0686 Sfmt 0634 E:\BR08\S24AP8.001 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6858 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 April 24, 2008 pay the bill when they get there? Well, So I am putting together a piece of leg- The PRESIDING OFFICER. Without the folks in the hedge funds, these islation on that as well. objection, it is so ordered. folks in the investment banks on these You know, I want this country to de- f commodity markets that are engaged velop an energy policy that makes us FLORIDA PRESIDENTIAL PRIMARY in the 24/7 casinos, are going to the much less dependent on foreign sources bank. Man, they are going to the bank of oil, engages in much more conserva- Mr. NELSON of Florida. Mr. Presi- big time. I am talking billions and bil- tion, and much more efficiency. We dent, I want to address the Senate on lions of dollars. It is pretty unbeliev- should produce more. I am one of the two subjects. I will be brief. able. When you have a person drive up four Senators who helped pass the leg- The task has fallen to this Senator to the gas pump and fill that car with islation finally that opened up Lease from Florida to continue to try to gas, a portion of that money now goes 181 in the Gulf of Mexico in 2006. So I press the chairman of my party and its to this carnival of speculation in the believe in additional production. I be- executive committee, in the form of futures market to reward the specu- lieve we ought to conserve more. I be- the Democratic National Committee, lators. A portion of it, of course, goes lieve we need more efficiency, and I be- to recognize the votes of 1.75 million to the OPEC cartel too. These are folks lieve we need to pay much more atten- Florida Democrats who went to the who sit around in a closed room with a tion to renewable energy. polls on January 29, a turnout of twice locked door and make decisions about All those things are important. All of any previous turnout in a Presidential price and about production. them are important. But right at the primary, to express their preference for I might add, while I am at it, that moment we have a circumstance where the nominee of our party. They did so Saudi Arabia, by the way, has 800,000 we have an administration sticking oil in those huge numbers, they did so in a barrels a day less production on the under the ground at the wrong time, duly called election by Florida law, market than they did 2 years ago— which puts upward pressure on oil and which caused all of the rhubarb in the 800,000 barrels a day, every day. That gas. We also have hedge funds and in- first place because the legislature of means a lot in terms of what might vestment banks hip deep in the futures the State of Florida moved ahead of happen in that market. market speculating and making bil- the date set by the two parties after So we have a lot of things going on lions of dollars on speculating. At the which they would then be punished by here. What should we do about it? Well, same time, they are driving up the the party rules. in addition to all of that, the Bush ad- price of oil and gas for American fami- Both party rules provided that the ministration is deciding they want to lies and doing great damage to this two parties would be punished if they stick, and they are sticking, 60,000 to country’s economy. moved earlier than the date of Feb- 70,000 barrels of oil underground every It is not just the family, and it is not ruary 5 for their primary. The party single day in something called the just the business. It is not just the rules in both parties said that half of Strategic Petroleum Reserve. We have truckers and not just the airlines that the delegates would be taken away. In- an SPR to save for a national emer- are hurt. This country is experiencing deed, that is what the Republican Na- gency. Well, they are buying oil at $118 significant economic damage as a re- tional Committee did. But not so the a barrel coming off the Gulf of Mexico sult of the runup in these prices. I Democratic National Committee, for as a royalty in kind transfers. They are think there are reasons for us to come they decided to take a full pound of taking $118-a-barrel oil and putting it to the floor on an urgent basis and take flesh and take away all the delegates in the ground, 60,000 to 70,000 barrels a obvious steps to deal with it. I have and say the election didn’t count. day. mentioned several, and there are more. There are some people who are think- With oil at record highs, it is Byzan- But I only want to make the point that ing, even though they felt passionately tine to see this administration saying this is not some passing fancy that is about it at the time, the way all this we have to do more to fill the SPR. going to be a magnet for a lot of dis- worked out, since we don’t have a This is at a time when the Strategic cussion. This is a very serious, real nominee yet at an early day like the Reserve is 97 percent filled. So they problem that is doing significant dam- Republican nominee, I think some peo- take oil out of the supply, which puts age to this country’s economy. ple are thinking maybe this should upward pressure on oil and gas. There is a lot to do next week and have been worked out a long time ago, When the supplemental appropria- the week after, and I will be intro- such as last summer, before this ever tions bill comes to the floor of the Sen- ducing some additional legislation. I came to a head. ate, I intend to offer that amendment will be anxiously awaiting the appro- But it is what it is, and all the at- as well, to stop putting oil under- priations supplemental legislation. tempts at finding a compromise that ground in SPR when oil is above $75 a When the emergency supplemental ap- can seat the Florida delegation at the barrel. I mean, this doesn’t take a res- propriations bill comes to this floor, ei- convention have all come to naught be- ervoir of common sense. It just takes a ther in the Appropriations Committee cause of the inability of the two can- few grains of common sense from some- or on this floor, we must be given the didacies to come to a conclusion as to body who might actually help to fix opportunity—and will be given the op- what they would be able to accept. this problem. portunity—to offer the kind of amend- The bottom line is that seating Flor- What I also want to do is to increase ments I have suggested. This will in- ida, whether you seat them according the margin requirements on the ex- clude an amendment that stops the to the DNC rules, taking away half the change. If you buy stock on margin, putting of oil underground in the SPR delegates, or seating the whole delega- you pay a 50-percent margin require- at a time when oil is priced at $118 a tion, advantages one candidacy and it ment to buy stock. If you want to con- barrel. This is just one of the obvious disadvantages the other candidacy. As trol oil by going into the futures mar- things we can do to stop penalizing a practical matter, I think it is going ket for oil, you pay 5 to 7 percent. You American consumers and damaging to be difficult to get an accommoda- pay a 50-percent margin for stock, but this country’s economy. tion and agreement to do it. 5 to 7 percent for oil. If you want to Mr. President, with that, I yield the But I want everybody to understand control $100,000 worth of oil, it will cost floor, and I suggest the absence of a that the Democratic National Com- you $5,000 to $7,000. That doesn’t make quorum. mittee can take away delegates—they any sense. The PRESIDING OFFICER. The have that authority. But the Demo- That encourages speculation. That clerk will call the roll. cratic National Committee cannot encourages the speculation that pushes The legislative clerk proceeded to deny the certification of a legal elec- the runup of these prices. I believe the call the roll. tion by Florida voters. You can’t deny margin requirement ought to be at Mr. NELSON of Florida. Mr. Presi- that. It is a fact. It is a certified elec- least 25 percent at this point, during dent, I ask unanimous consent the tion under Florida law. That was a this period of aggressive speculation. quorum call be rescinded. legal election under Florida law and it

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00058 Fmt 0686 Sfmt 0634 E:\BR08\S24AP8.001 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 6859 was a clean election under Florida law. for what it was. Between 1915 and 1923, my home county come together each The Democratic National Committee the Ottoman Empire forcibly deported year to honor the survivors and their cannot deny that certification of that around 2 million Armenians, of whom deceased brethren, and I wish my Ar- legal election. 1.5 million men, women, and children menian friends in Nevada the best of Sadly, one of the byproducts of all were killed. Those fortunate enough to luck with this year’s commemoration this is that in listening to what the survive the massacres, forced marches, and those for years to come. May God latest Gallup poll says, one-half of all and deliberate starvation, were ejected bless them and all of those who fight the Democrats in the United States from their homeland. on their behalf. think all of this fracas is hurting the In response to reports of these hor- Mr. BIDEN. Mr. President, I rise party—one-half of all the Democrats in rific events, U.S. Ambassador to the today to commemorate the 93rd anni- the country. When you combine that Ottoman Empire Henry Morgenthau, versary of the Armenian genocide. latest Gallup Poll with the fact that Sr. explicitly condemned the policy of On April 24, 1915, an ancient nation months ago a poll in Florida showed the Government of the Ottoman Em- faced extermination when officials of that 22 percent of Independent Florida pire as ‘‘a campaign of race extermi- the Ottoman Government initiated a voters, 22 percent of Independents in nation.’’ Moreover, Ambassador Mor- series of raids in which hundreds of Ar- Florida, would be less likely to vote for genthau was praised by U.S. Secretary menians were arrested and subse- the Democratic nominee in November of State Robert Lansing for his efforts quently deported or killed. Isolated in- because of the way that Florida is ‘‘to stop Armenian persecution.’’ cidents of brutality had occurred be- being treated by the Democratic Na- Perhaps more significant to the fore, but sadly this event marked the tional Committee: Democratic Na- Chamber in which I stand today was beginning of a campaign of murder, de- tional Committee, you better wake up. the passage of S. Con. Res. 12 on Feb- portation, and forced starvation. When We have a problem on our hands. ruary 9, 1916. This prescient piece of the violence ultimately ended, as many What we ought to be doing is looking legislation not only acknowledged that as 1.5 million Armenians had died and at November. As the old colloquialism a colossal tragedy had ensued in the 500,000 were exiled. Armenians all but says, we better watch out or we are midst of the Great War, but also re- disappeared from land their people had going to be cutting off our nose to spite solved that the President of the United occupied for centuries. our face. States ‘‘designate a day on which the The American Ambassador to the f citizens of this country may give ex- Ottoman Empire at the time was the pression to their sympathy by contrib- distinguished Henry Morgenthau who EQUAL PAY uting funds now being raised for the re- described the horrors perpetrated Mr. NELSON of Florida. Mr. Presi- lief of the Armenians,’’ who, at that against the Armenians as the ‘‘murder dent, it is hard for me to understand time, were enduring ‘‘starvation, dis- of a nation.’’ how the Senate cannot support equal ease, and untold suffering’’ at the Just this week, the Senate Foreign pay for equal work, the same for hands of the Ottoman leadership. Relations Committee, which I have the women as for men. That happened yes- Less than 4 years later, while the Ar- honor to chair, had a hearing on the terday, on a vote of 56 in favor of pro- menian genocide continued, the Senate systematic murder of innocents in ceeding to the bill on equal pay for would also pass S. Res. 359, which stat- Darfur. The incident serves as an im- equal work and 43 against. I do not un- ed, in part, that recent congressional portant reminder that an open discus- derstand that. testimony ‘‘clearly established the sion of the Armenian genocide is crit- What is worse is my wife and many truth of the reported massacres and ical. Since the 1915 ethnic cleansing, other spouses of Senators cannot un- other atrocities from which the Arme- the murder by a government of its own derstand that. I assure you, they are nian people have suffered.’’ citizens has occurred again and again. letting their husbands and spouses I say to my friends in the Senate, It is depressing to think that human know how they feel—that they cannot given how our esteemed colleagues of beings have not learned their lesson. understand how the Senate cannot pro- the past reflected on this terrible trag- The whole world is diminished, wound- ceed to a bill for equal pay for equal edy, I cannot help but think that they ed, and made poorer by such tragedies work for women. would have surely labeled these atroc- and we must not forget them if we hope I hope the next time we try to move ities as genocide if only the word had to prevent them. The commemoration to a bill for which we have to hit the been coined. The United States has a of this act of brutality and systematic 60-vote threshold to get over the fili- rich history of defending human rights, murder 93 years ago is important and buster to get to the bill—we need 4 standing up for the oppressed, and relevant not only for the survivors and more votes—I hope somewhere over speaking the truth about genocide. their descendents, but for humanity as there we are going to be able to get However, in spite of support from Mem- a whole. them when we bring up equal pay for bers of Congress and leaders in the Ar- equal work for women. menian community, the official policy f I yield the floor. of the executive branch of the United TRIBUTE TO DAN CHERRY f States still does not recognize the Ar- menian genocide. Mr. MCCONNELL. Mr. President, I COMMEMORATING THE 93RD ANNI- I am so proud that my home state of rise today to pay tribute to a good VERSARY OF THE ARMENIAN Nevada, with its vibrant Armenian- friend, Dan Cherry. A retired U.S. Air GENOCIDE American community, and 40 other Force brigadier general, Dan Cherry is Mr. REID. Mr. President, I rise U.S. States have, by legislation or a respected Kentuckian and a man of today, on the 93rd anniversary of the proclamation, already recognized the character. onset of the Armenian genocide, to Armenian Genocide. In fact, on April During his time in the Air Force, honor the victims of this terrible trag- 11, 2000, former Nevada Governor General Cherry volunteered for combat edy and to reiterate my unwavering Kenny Guinn proclaimed April 24, 2000, duty in 1966 and 1971, flying over 295 support for the United States Govern- as a day of remembrance of ‘‘The First missions, most of them over North ment to officially recognize as geno- Genocide of the 20th Century.’’ Vietnam. On one of those missions in cide the series of atrocities carried out I would also like to congratulate the April 1972, General Cherry shot down against the Armenian population by Armenian-Americans of southern Ne- the plane of a Vietnamese soldier, the Ottoman Empire beginning on vada for planning yet another success- Nguyen Hong My. April 24, 1915. ful Armenian Genocide Commemora- General Cherry always wondered It truly saddens me that after 93 tion event on the campus of the Uni- what happened to the pilot that he shot years, the United States has failed to versity of Nevada-Las Vegas. It is so down, and he recently was given the acknowledge the Armenian genocide wonderful to see this community from chance to meet him. General Cherry

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00059 Fmt 0686 Sfmt 0634 E:\BR08\S24AP8.001 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6860 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 April 24, 2008 and Hong My met face to face in Viet- he’d never thought about looking for the Your Daughters and Sons to Work Day nam almost 36 years to the day of Gen- pilot who once shot him down. After the war, can be fun for the parents and the chil- eral Cherry’s shooting down Hong My’s he studied English and finance, and worked dren. But at its heart, this day is a part MiG–21 fighter. for an insurance company, the paper said. of a broad effort to reach pay equity My flew for two more years after recov- Mr. President, I ask my colleagues to ering from his bail-out injuries, speaks Chi- for women. join me in honoring Brigadier General nese and Russian, has a great sense of On Tuesday, we marked Equal Pay Dan Cherry, who through his actions of humor, and is obviously highly respected by Day, the point in 2008 when the average patronage and reconciliation has friends and family, Cherry said. woman’s wages finally catch up with shown us what it means to be a true After the show, the two sat down back- what the average man earned in 2007. American, and Kentuckian. Recently stage and talked about flying and their re- The numbers are sobering. the Bowling Green Daily Newspaper spective families. Equal pay has been the law since published a story about General Cherry ‘‘We hit it off really well,’’ Cherry said. 1963. But today, 45 years later, women Later, they and the TV staff went to a are still paid less than men—even when and the remarkable story of his jour- rooftop restaurant in downtown Ho Chi Minh ney to Vietnam. I ask unanimous con- City. Over dinner, My asked if Cherry would women have similar education, skills, sent that the full article be printed in visit his home in Hanoi. Cherry—already and experience. While women’s wages the RECORD. planning to go to Hanoi the next day as a have risen in all States, in inflation- There being no objection, the mate- tourist—thought My meant some indefinite adjusted dollars, since 1989, the typical rial was ordered to be printed in the time in the future; it turned out he meant full-time woman worker does not make RECORD, as follows: the next day. When Cherry agreed, My as much as the typical man in any changed his own travel schedule so they [From the Bowling Green Daily News, Apr. State. At the present rate of progress, could be on the same flight. 13, 2008] it will take 50 years to close the wage My’s house, it turned out, was within VIETNAM VET REUNITES WITH PILOT HE SHOT walking distance of Cherry’s hotel. That gap nationwide. DOWN IN ’72 night he and his friends Larry Bailey and In 2007, women were paid 77 cents for (By Jim Gaines) John Fleck made their way to My’s house every dollar men received. That is $23 BOWLING GREEN, KY.—On April 6, Dan along streets teeming with motor scooters, less for every $100 worth of work Cherry and Nguyen Hong My were back in Cherry said. women do—$23 less to spend on gro- the air near Hanoi, capital of Vietnam. They had dinner with My’s family, and ceries, housing, child care, and other Almost 36 years before—on April 16, 1972— Cherry got to hold his former opponent’s 1- expenses. Nationwide, working families Cherry shot down My’s MiG–21 fighter in the year-old grandson, he said. lose $200 billion of income annually to same area. ‘‘It was just a tremendous experience to be welcomed so completely,’’ Cherry said. ‘‘I’ve the wage gap. My parachuted as his plane crashed, break- Over a lifetime of work, the 23 cents ing his arms in the process; and now Cherry’s made a good friend in Mr. Hong My.’’ plane, an F4D Phantom II, is restored to its In return, he gave My a bottle of bourbon on the dollar women are losing adds up. wartime colors and parked in the Aviation and invited him to visit Bowling Green, per- The average 25-year-old working Heritage Park on Three Springs Road. haps later this year, he said. woman will lose more than $523,000 to Last week, the two men flew together past My offered to guide them around the city unequal pay during her working life. the scene of their earlier encounter, chatting the next day, showing up at 8 a.m. in a car These figures are even worse for women in the comfortable seats of a jetliner on their with his son-in-law and friend. He took them of color. And because women are paid way to My’s home. to one site after another, including a number less now, they have less money to set of military museums that ordinary tourists ‘‘It was, I guess, the most amazing experi- aside for retirement, and they will earn ence I’ve ever had in my lifetime,’’ Cherry wouldn’t get to see, Cherry said. They saw said. past displays of Soviet-built fighter planes, lower pensions than men. Cherry volunteered for combat duty in including MiG–21s like the one My flew in Part of the motivation behind Take Southeast Asia in 1966, then for a second 1972, he said. Your Daughters and Sons to Work Day tour in 1971. He flew 295 missions, most of Cherry also visited the ‘‘Hanoi Hilton’’— is to expose children of both genders to them over North Vietnam. He retired as a the building made notorious as a prison for professional fields that historically brigadier general in the U.S. Air Force and American pilots shot down over North Viet- have been dominated by men. This day went on to a career in Kentucky state gov- nam. It’s now a museum. Most of the exhib- is one of many initiatives developed to its, though, are devoted to the Vietnamese ernment and managing the Kentucky encourage girls and young women in TriModal Transpark. who were held there during the decades of But, Cherry said, he often wondered what French rule, Cherry said; there’s only one their education and professional jour- happened to the pilot he shot down. When small room describing its time as a prison neys. Professional and student organi- the Aviation Heritage Park was in its plan- for Americans. zations, such as the Society of Women ning stages 21⁄2 years ago, one of its local The overall impression he had of Vietnam Engineers, offer a support network for backers half-jokingly suggested trying to is that what the Vietnamese call the ‘‘Amer- those young women who are making find the MiG pilot. ican War’’ has been put far behind them, he their mark in professions that histori- Cherry worked through friends to contact said. cally have not seen many women. ‘‘They’re moving on to the future. They a reunion show on Vietnamese TV, which Take Your Daughters and Sons to worked through the Ministry of Defense to don’t hold any grudges,’’ Cherry said. identify Nguyen Hung My. My also asked for help with one task: He Work Day can help both girls and boys In December, a producer of the show— shot down an American plane, too, but be- see the career opportunities that may called ‘‘As If We Never Parted’’—e-mailed lieves that pilot was killed, Cherry said. So be open to them if they stay in school, Cherry with the news and asked if he’d ap- he asked if Cherry could help him find that set goals, and study. I commend the pear on the show. pilot’s family. He would like to express his employers and employees who are able After flying to Vietnam for his first visit respect and condolences, Cherry said. to participate today. I would also like since the war, he went to the TV studio April f to congratulate and encourage the chil- 5. According to Cherry, the show’s host in- dren who are sizing up options for their troduced him and told the audience about his NATIONAL TAKE YOUR DAUGHTER future careers. Let us keep in mind life. After showing pictures of Cherry’s fam- AND SON TO WORK DAY ily, she introduced My. today that we need to keep working to Cherry said he was nervous, wondering how Mr. DURBIN. Mr. President, April 24 enable every child to achieve his or her he’d be received. But My smiled as he came is Take Your Daughters and Sons to full potential, and we need to ensure out and shook Cherry’s hand. Through an in- Work Day, which is a great oppor- that women are fully and fairly com- terpreter, My said he was glad to meet Cher- tunity for people who are in a position pensated for all the work they do. ry. The anchor told about My’s life, his four to do so to give their kids a better idea Mr. PRYOR. Mr. President, I rise in years of flight training in the Soviet Union of what they do for a living. In my of- honor of today’s Take Our Daughters and his war service. Thanh Nien News, a major newspaper in Ho fice, we had a short social time this and Sons to Work Day when, over the Chi Minh City which publishes in Viet- morning to allow the children of staff past 15 years, individuals, families and namese and English, reported on the pilots’ members to gather and talk about workplaces have joined in expanding meeting. According to that story, My said their experience. Participation in Take opportunities and transforming the

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00060 Fmt 0686 Sfmt 0634 E:\BR08\S24AP8.001 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 6861 lives of millions of girls and boys both citizens under the I–800 Visa Program, tool in the hands of the government nationally and internationally. I want making them U.S. citizens when they must be used carefully. If abused, it to take this opportunity to discuss the reach U.S. soil. can infringe on the privacy and civil importance of family in creating an ac- On my part, I have signed several let- liberties of Americans while doing lit- tive and resourceful citizenship and ters to international leaders con- tle to prevent crime. I am concerned workforce for the future. As our Nation cerning the importance of trans- that the policy just announced may do continues in its historical role as a parency in the adoption process in all exactly that. melting pot, the importance of inter- countries, particularly in the signato- When Senator KYL proposed the leg- national adoption in the fabric of ries of the Hague Adoption Convention. islation that formed the basis for this American families continues to grow. Our recognition of today’s Take Our policy, I said that it raised serious pri- Mr. PAUL Hanly Furfey stated that Daughters and Sons to Work Day pro- vacy concerns. Right now, a person’s ‘‘The first, the most fundamental right vides us with a great opportunity to DNA can be collected immediately of childhood is the right to be loved. recognize the unique role and contribu- upon arrest, and it can be used imme- The child comes into the world alone, tions of adoptive families in our coun- diately to search the DNA indexes for a defenseless, without resource. Only try. Families created through adoption possible ‘‘hit.’’ But it cannot be added love can stand between his helplessness are special. They go through so much to the Federal index unless and until and the savagery of a harsh world.’’ time and energy to find each other. We the person has been formally charged Families created or expanded by inter- must celebrate these families who with a crime. This new policy allows national adoption are unique and spe- through perseverance and determina- DNA to be entered for those who have cial, open to cultural differences and tion become whole and provide a loving been arrested but not charged. sharing in the common elements of environment for our next generation. This change adds little or no value mankind, compassion and love. f for law enforcement, while intruding on the privacy rights of people who are, The United Nations Population Divi- EXPANDED DNA COLLECTION sion gathered data from more than 100 in our system, presumed innocent. It Mr. LEAHY. Mr. President, I was countries and found that in a world of creates an incentive for pretextual ar- concerned to learn from the news- 2.2 billion children under the age of 18, rests and will likely have a dispropor- papers last week that the Federal Gov- fewer than 12 per 100,000 are being tionate impact on minorities and the ernment is getting ready to publish a adopted. In other words, in a total poor. This policy may also make it rule sanctioning the collection of DNA global population of 6.5 billion, there harder for innocent people to have samples from all citizens arrested for are only about 260,000 adoptions of all their DNA expunged from government Federal crimes and from many people kinds annually including those within databases. detained as illegal immigrants. These countries, across borders and of step Since I first spoke out against this samples may even be kept permanently children. In the United States we have provision in 2005, we have only seen as part of the Government’s DNA data- more examples of abuses of power by seen an upward trend in international base even if a person is ultimately ex- this administration, including the Jus- adoptions from 7,083 in 1990 to 17,718 in onerated. tice Department’s improper firing of 2000 and over 20,000 international adop- I have long supported the analysis of prosecutors for political reasons and tions in 2007. DNA evidence to catch the guilty and the FBI’s abuse of national security I have received several letters of con- exonerate the innocent. In 2000, I intro- cern from many Arkansans inquiring letter power given in the PATRIOT duced the Innocence Protection Act, Act. In this light, the added power to as to what the U.S. Government is which included the Kirk Bloodsworth doing to help these children find their collect and keep DNA information Post-Conviction DNA Testing Grant from potentially innocent people gives way to loving homes in Arkansas. In Program for defendants. This program, even more cause for concern. fact, the United States has taken sev- where appropriate, gave defendants ac- I will study the proposed rules and eral important steps to protect the cess to the postconviction DNA testing policy carefully, and the Judiciary rights of the child and to assist fami- necessary to prove their innocence in Committee will perform careful over- lies in the international adoption proc- those cases where the system got it sight of its implementation. We must ess. From a global level, the Conven- grievously wrong. As a former pros- ensure that DNA evidence is used ag- tion on Protection of Children and Co- ecutor, I was acutely aware that DNA gressively and efficiently to make us operation in Respect of Inter-country testing could help prevent both the safer, but also that it is used in a care- Adoption—Hague Adoption Conven- conviction of innocent defendants, and ful and appropriate way that secures tion—a broad multilateral treaty, was the criminal justice nightmare of the our rights and increases our confidence signed by the United States in March real wrongdoer remaining undiscovered in our justice system. of 1994. In 2000, the Senate and the and possibly at large. f House passed the Intercountry Adop- In 2004, Congress passed the Inno- tion Act of 2000 to implement the Con- cence Protection Act as an important NATIONAL CHILD CARE WORTHY vention. In 2006, the Department of part of the Justice for All Act. Con- WAGE DAY State issued the final rule on the Ac- gress recognized the need for important Mr. KENNEDY. Mr. President, I creditation and Approval of Agencies changes in criminal justice forensics strongly support a resolution by Sen- and Persons to implement the Conven- despite resistance from the current ad- ator MENENDEZ supporting National tion and the Intercountry Adoption ministration. The Justice for All Act Child Care Worthy Wage Day. I hope Act. authorized several other important that it will shine a brighter light on Legislation to help adoptive families programs to encourage the use of DNA the many challenges facing the early pay for expenses associated with adop- evidence, which I strongly supported, childhood education and care commu- tion procedures was signed by Presi- notably including the Debbie Smith nity and the importance of attracting dent Bill Clinton in 1996 to make im- DNA Backlog Grant Program to elimi- and retaining excellent childcare work- provements to the Internal Revenue nate the nationwide backlog of rape ers. Code to add a two-part adoption assist- kits and other evidence awaiting DNA Across the country today, nearly ance tax relief program. The tax relief testing in crime labs around the coun- two-thirds of children under the age of for adoption expenses has helped many try. That important program has 5 are in some form of nonparental care families to be able to afford the finan- helped law enforcement to find the per- while their parents are at work and cial costs of the actual adoption proc- petrators of terrible crimes throughout more and more research emphasizes ess. The Department of Homeland Se- the country and to ease the ordeal that that learning begins at birth. The qual- curity now issues immigrant visas to crime victims go through. ity of early care that children receive children entering the United States But DNA testing, like any powerful has a profound impact on the rest of with adoptive parents who are U.S. tool—and particularly any powerful their lives.

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00061 Fmt 0686 Sfmt 0634 E:\BR08\S24AP8.002 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6862 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 April 24, 2008 Children in high-quality early care rates are going through the roof. Al- Similar legislation has passed the and education programs are 30 percent most 30 percent of child care providers House of Representatives, and our bill more likely to graduate from high leave the field every year. Neither received a strong vote of support in school and twice as likely to go to col- their wages nor their turnaround rates committee here. It is my hope that the lege. They are also 40 percent less like- are acceptable. If we want our children Senate will soon take up S. 2731, that ly to be held back a grade or need ex- to be cared for by qualified providers we will debate whatever differences we pensive special education programs. who have a good education and sound may have and vote on it, and that the Childcare is particularly effective for understanding of child development, we President will be able to sign it into at-risk students. Important studies, in- must see that they are fairly com- law well in advance of the G–8 meeting cluding the research of both Nobel Lau- pensated and supported, commensurate in July. If so, he will be in an excellent reate Economist James Heckman and with their contribution to our na- position to help convince other coun- Chairman of the Federal Reserve Ben tional, civic and economic well-being. tries to undertake similar commit- Bernanke, show that quality early care They are indeed deserving of a worthy ments. Even more important, we will and education can break the cycle of wage for their worthy work that is so let the people of Africa and other hard- poverty and crime. Heckman’s survey important for the Nation’s future. I hit areas of the globe know that the of at-risk boys who receive quality urge my colleagues to support this im- United States is sustaining the com- early education found that less than 10 portant resolution. We owe it to the mitments that it first made in 2003 percent of boys who participate will be Nation’s childcare providers, and we when Congress passed the original convicted of a crime and less than 2 owe it to our Nation’s children and United States Leadership Against HIV/ percent will end up on welfare—rates their families. AIDS, Tuberculosis, and Malaria Act. significantly lower than for those who f f do not receive such support. The key to assuring quality early WORLD MALARIA DAY DENIM DAY childhood education and care for our Mr. BIDEN. Mr. President, April 25 is Mr. LAUTENBERG. Mr. President, I youth is access to a highly qualified ed- World Malaria Day. That is the day rise today to recognize April 28, 2008, as ucator or caregiver. Despite the obvi- that the world pauses to acknowledge the first annual ‘‘Denim Day’’ in New ous importance of their work, however, that over a million people a year die of Jersey. child care providers are underpaid, un- a disease borne by mosquitoes, a dis- Each year, Denim Day is observed in supported and undervalued. ease that we know how to prevent, a communities across the country to These providers are responsible for disease that we know how to treat. The raise awareness and educate the public the social, emotional and mental devel- most vulnerable are children under the about rape and sexual assault. The ob- opment of the children in their care. age of 5; every 30 seconds a child dies of servance was created in response to an They teach skills that young children malaria. Pregnant women are also at appalling 1998 decision of the Italian need in order to be ready to read and high risk; 10,000 expectant mothers per- Supreme Court. In that decision, the learn when they go to school. They ish each year from the disease. Malaria court overturned a rape conviction be- help young children learn about the exacts an enormous economic and so- cause the victim was wearing tight world around them and how to interact cial toll as well, costing the poorest jeans at the time of the attack and with others. Yet the average salary of countries in the world billions of dol- must have helped her rapist remove an early care and education workers is lars each year in lost productivity, them. Women and men around the $18,820, and less than a third of them working days, revenue, and invest- world were rightly outraged by the ver- have health insurance. ment. With global weather patterns dict, and wearing jeans on Denim Day In Massachusetts, those numbers are changing, malaria is spreading further, has become an international symbol of only marginally better—childcare reaching areas that were previously protest, calling attention to the hor- workers are paid a little over $10 an unaffected. rible crime of rape and the destructive hour and earn $22,760 annually. By Last month, the Foreign Relations attitudes that prevent sexual assault comparison, registered nurses make Committee approved a bipartisan bill victims from receiving justice. $37,511 a year, police officers earn that could, over the course of time, Every 2 minutes, someone in the $37,078, and K through 12 teachers earn help to save millions of lives by pro- United States is sexually assaulted. $32,306. viding people with the means to pre- Despite its prevalence, sexual assault The story of Melvina Vandross is typ- vent and treat malaria. I am proud to is one of the most underreported ical. She has spent the last 20 years have sponsored this bill, along with crimes in the world, meaning many caring for children in poor families in Senator LUGAR and our other col- attackers never spend a day in prison New York City. Due to the lack of suf- leagues. This legislation, S. 2731, the for their offenses. Denim Day in New ficient Federal subsidies, she makes Tom Lantos and Henry J. Hyde United Jersey will send a strong and powerful less than $19,000 a year in one of the States Global Leadership Against HIV/ message that sexual assault is always world’s most expensive cities. She has AIDS, Tuberculosis, and Malaria Reau- wrong. no health insurance, and could not af- thorization Act of 2008, authorizes up I hope this observance will encourage ford to get her son the tutor he needed to $5 billion over the next 5 years to more sexual assault victims to come to succeed in school. Her commitment combat malaria, a dramatic increase in forward and hold their attacker ac- to the futures of some of the Nation’s resources. It also formally establishes countable, as well as provide some least fortunate children has made it the position of a global malaria coordi- comfort to the victims of sexual as- nearly impossible for her to provide for nator to oversee U.S. programs and sault, who will know that they are not herself and her family. strengthens U.S. participation in the alone. Melvina’s story is unacceptable. It is multilateral global fund to fight AIDS, Once again, I would like to recognize unacceptable that Head Start teachers tuberculosis, and malaria. These ef- April 28, 2008, as ‘‘Denim Day’’ in New in Montana qualify for Habitat for Hu- forts will build on the dramatic early Jersey and reiterate my strong support manity homes. The men and women success of the President’s malaria ini- for observing this important day. who shape the lives of our Nation’s tiative, which was launched 3 years ago f children deserve fair wages and bene- by President Bush. Already, under this HONORING OUR ARMED FORCES fits. The sacrifice we are asking of initiative, the island of Zanzibar has them for their indispensible work is witnessed a 95 percent reduction in in- CORPORAL KYLE WESTON WILKS too high. fection rates among children. Through Mr. PRYOR. Mr. President, I join Ar- Inadequate wages and benefits have bednets, spraying of homes, and pro- kansans today in mourning the loss of made it difficult to recruit and retain viding drugs, we can replicate that suc- Cpl Kyle Weston Wilks of Rogers, AR. qualified childcare providers. Turnover cess on a much broader scale. He paid the ultimate sacrifice to stand

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00062 Fmt 0686 Sfmt 0634 E:\BR08\S24AP8.002 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 6863 up for democracy and peace. We are earn. In Colorado, women earn 79 cents The Lilly Ledbetter Fair Pay Act grateful for Corporal Wilks’ service to for every dollar that men earn. The in- would correct this injustice. The bill our Nation and we will honor his mem- equities are even clearer when you would amend title VII of the Civil ory. I know his family and friends will break the numbers in Colorado down Rights Act of 1964 and other civil remember this fallen hero’s great smile by ethnicity. On average, African- rights laws to make clear that the 180- and penchant for life, including playing American women earn 61.2 percent of day statute of limitations on a pay dis- sports and watching Razorback foot- what White men earn. Asian-American crimination claim, based on gender, ball and NASCAR. women earn 68.4 percent; Hispanic race, national origin, religion, age or A marine with the 24th Marine Expe- women earn 52.4 percent; and Native disability, would restart every time an ditionary Unit since September 2004, American/Alaskan Native women only employee receives any wages or bene- Corporal Wilks helped with the evacu- earn 54.7 percent of what White men fits affected by the discriminatory act. ation of Beirut in 2006 and most re- earn. This was the law of the land for dec- cently served in Afghanistan. During These pay disparities persist partly ades, with the exception of three this time, Corporal Wilks was awarded because women still occupy fewer high- States, until the U.S. Supreme Court the Good Conduct Medal, Humani- paying jobs than men. But they also decision, Ledbetter v. Goodyear. tarian Service Medal, Global War on persist because of continued pay dis- The Lilly Ledbetter Fair Pay Act Terrorism Service Medal, Global War crimination in the workplace. We have should receive the unanimous support on Terrorism Expeditionary Medal, Na- laws on the books to make pay dis- of this body. We should all agree on the tional Defense Service Medal, and the crimination illegal, but those laws can principle of ‘equal pay for equal work.’ Sea Service Deployment Ribbon. be improved. We should all agree that pay discrimi- Before his second deployment, Cor- Lilly Ledbetter’s case is a classic, nation has no place in a 21st century poral Wilks visited New York to see and tragic, example. Ms. Ledbetter America. And we should all agree that Ground Zero, which reaffirmed his worked for the Goodyear Tire and Rub- when there is a clear problem with the commitment to military service and ber Company in Gadsden, AL, for 19 existing law, we should correct it. his country. He was a true patriot who years. She was a manager, a position We have come a long way over the 1 planned to use his training as a mili- predominately occupied by men at the last 2 ⁄2 centuries toward opening the tary policeman to begin a career in law company. After early retirement, Ms. doors of opportunity to every Amer- enforcement. Ledbetter learned, from an anonymous ican. But ours is a nation still in Mr. President, Arkansas has now lost note, that male managers at the com- progress, and our Union can still be over 70 soldiers in the wars in Iraq and pany were making 20 to 40 percent perfected. I urge my colleagues to support this Afghanistan. As long as I serve in pub- more than she was making in the same bill. lic office, I will work to honor their job. Ms. SNOWE. Mr. President, I rise So Ms. Ledbetter took Goodyear to service, live up to their courage, and today to speak in strong support of the court. The jury found that the com- protect the principles they fought to Fair Pay Restoration Act, S. 1843,—and pany violated her rights under title VII preserve. I am proud to be an original cosponsor Corporal Wilks has said his parents, of the Civil Rights Act of 1964. They of this bipartisan measure, introduced Randy and Kathy Wilks, were his he- awarded her back pay and damages. by Senator KENNEDY and supported by The Court of Appeals for the Elev- roes. My prayers are with them, as well 40 of my colleagues in the Senate. This enth Circuit, however, reversed the dis- as his sister Makayla, during this dif- bill would rightly provide victims of ficult time. trict court decision. They said that Ms. workplace gender discrimination with f Ledbetter filed her case too late. They the reasonable timeframe they deserve said she needed to file her complaint LILLY LEDBETTER FAIR PAY ACT to file discrimination suits under Fed- within 180 days after the alleged unlaw- eral law—while restoring longstanding Mr. SALAZAR. Mr. President, I wish ful employment practice occurred. precedent that was regrettably re- today to strongly support the Lilly Rightly, Ms. Ledbetter appealed to versed by the U.S. Supreme Court last Ledbetter Fair Pay Act, which would the U.S. Supreme Court. In its 5-to-4 year. clarify the laws against pay discrimi- decision, the Supreme Court held that I firmly believe that America should nation. I would like to thank Senator the 180-day statute of limitations be- be a global leader on issues related to KENNEDY, chairman of the Health, Em- gins when the original discriminatory gender discrimination and equal pay, ployment, Labor and Pensions Com- act occurs. Whether the worker even but with its decision in Ledbetter v. mittee, for his leadership on the bill. knew that the discriminatory decision Goodyear Tire & Rubber Co., the Su- He has been a tireless champion for was made is of no consequence. Wheth- preme Court telegraphed entirely the civil rights and I applaud his work. er they were discriminated against for wrong message to the rest of the world Mr. President, we as Americans are 1 or 20 years is also insignificant under about the value of equal pay for equal bound by a powerful idea—a revolu- the Court’s majority decision. work—and ignored the realities of pay tionary idea—that our nation is a work It is critical to understand the pro- discrimination. Furthermore, with the in progress. It is an idea etched in the found impact of the Court’s decision. If economy in crisis, gas prices sky-high, words of the Constitution: ‘‘to form a an employee cannot challenge a dis- and housing values falling, it is all the more perfect union.’’ It is an idea that criminatory paycheck beyond the 180 more critical we not lose vital ground has inspired some of our Nation’s days that the employer made the dis- on fair pay. greatest achievements—abolishing criminatory decision, companies that It is no secret that women play a slavery, banning segregation, and ex- discriminate cannot be held account- substantial leadership role in our Na- panding voting rights. It is an idea able for their actions. Six months after tion—we are business leaders, entre- that brings the best out of our public a discriminatory action, the bad actor preneurs, politicians, mothers, and service. is in the clear. This was certainly not much more. But regrettably, wage dis- This week in the Senate we have an the intent of Congress when it enacted crimination still exists and has re- opportunity to take another important the Civil Rights Act of 1964. mained constant for many years. In step along our path of progress—to In her dissenting opinion, Justice 1963, the year of the Equal Pay Act’s make our union more perfect. Ginsburg raised a good question and a passage, full-time working women were It is no secret that pay gaps exist in matter of common sense. How was Ms. paid 59 cents on average to the dollar our country. Gender, race, national ori- Ledbetter supposed to know, and there- received by men. In 2004, more than 40 gin, age, disability, or religion should fore complain, when she was first given years later, women were only paid 77 not have any effect on a worker’s pay. a lower raise than her male counter- cents for every dollar earned by men. But, sadly, they do. Nationally, women parts? Goodyear, like many employers, What is even more troubling is that, earn 77 cents for every dollar that men kept salaries and raises confidential. according to a National Academy of

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00063 Fmt 0686 Sfmt 0634 E:\BR08\S24AP8.002 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6864 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 April 24, 2008 Sciences report, between one-third and the clock for filing a pay discrimina- the successful rescue of the Navy pilot one-half of the wage disparities be- tion claim and as long as workers file who had been encircled by hostile tween men and women cannot ade- their claims within 180 days of a dis- forces for more than 39 hours. quately be explained by differences in criminatory paycheck, their charges Nearly 40 years later, Major Foster is experience, education, or other legiti- will be considered timely. This meas- receiving long overdue recognition for mate qualifications. And notably, this ure would restore the precedent applied his sacrifice and valor and will be wage discrimination exists despite the by nine courts of appeals and the Equal awarded the Distinguished Flying passage of the Equal Pay Act that Employment Opportunity Commission Cross. Given to those who distinguish made it illegal to pay women less than in pay discrimination cases until the themselves in aerial flight by taking men for performing equal work. Supreme Court’s May 29, 2007. It would heroic actions above and beyond the Wage discrimination also continues also maintain the current limits on the call of duty, the Distinguished Flying to exist despite the 1964 Civil Rights amount employers owe. Cross is a fitting recognition of Major Act, which outlawed discrimination in The bill would also restore congres- Foster’s unwavering dedication to the employment and wages on the basis of sional intent, by mirroring language service of the United States. sex, race, color, religion, and national prohibiting discriminatory seniority I am proud to honor this great Ohi- origin. This pernicious injustice con- systems, which was included in the oan. His heroic actions and dedication tinues despite Congress passing the landmark Civil Rights Act of 1991. The to the U.S. Air Force and his fellow 1991 Civil Rights Act, which I strongly bill was signed by President George H. servicemen are an inspiration to all supported, along with most of my col- W. Bush in 1991, and I was pleased to Americans.∑ leagues on both sides of the political support this measure which passed aisle. with overwhelmingly bipartisan sup- f As a former cochair of the Congres- port. sional Caucus for Women’s Issues, I Some contend this bill would ‘‘exac- WORKER EDUCATION have been a longtime advocate in the erbate the existing heavy burden on ∑ pay equity debate. As some of my col- the courts by encouraging the filing of Mr. SMITH. Mr. President, today I leagues may remember, in 1984, Rep- stale claims’’ . . . that it would allow highlight the importance of acknowl- resentative Claudine Schneider, R–RI, employees to bring a claim of pay or edging and celebrating extraordinary Representative Nancy Johnson R–CT, other employment-related discrimina- efforts by Americans who have led the and I wrote to the Reagan administra- tion years or even decades after the al- way in protecting and preserving tion asking that it prevent the Justice leged discrimination occurred. That is America’s natural resources. I am hon- Department from weighing in against simply an exaggeration. The fact is— ored to congratulate three educational AFSCME v. Washington, which sup- employers would not have to adjust for institutions in my State of Oregon, Co- ported the concept of pay equity. And salary differences that occurred dec- lumbia Gorge Community College, as a Member of the House of Represent- ades ago. Current law limits back pay Lane Community College and the Or- atives, I repeatedly introduced bipar- awards to 2 years before the worker egon Institute of Technology. tisan resolutions that would have es- filed a job discrimination claim under Recently, Columbia Gorge Commu- tablished a commission to study com- title VII of the Civil Rights Act of 1964, nity College received $1.6 million to pensation practices in Congress from and this bill would not change this 2- support the college’s community-based 1984 to 1993. It is therefore simply un- year limit on back pay. job training program to develop skilled conscionable to imagine that in this I cannot overstate my support for the technicians for renewable energy facili- day and age, wage-setting practices are Fair Pay Restoration Act, and I en- ties such as wind, solar, hydropower still being affected by historical gender courage my colleagues in the Senate to and biofuels production. The funding is biases resulting in the undervaluation vote for this legislation tomorrow to part of the Department of Labor’s of work and low pay for women. ensure equal pay for women and mi- Community-Based Job Training Grant Sadly, the Supreme Court’s decision norities in the workforce. Discrimina- Initiative to help community colleges in Ledbetter will make it virtually im- tion of any kind in the workplace provide area students and workers with possible for women workers to close should not be tolerated. It is time the the skills needed to stay competitive the wage gap and to receive the rem- law reflected that. in up-and-coming industries. The pro- edies they deserve when they are dis- Thank you. Mr. President, I request gram is the only one of its kind on the criminated against. This decision rep- unanimous consent that a copy of my west coast. Just in the Pacific North- resents an enormous step backward for remarks be included in the CONGRES- west, developers of wind energy facili- women and for any person alleging pay SIONAL RECORD. ties will need 300–500 additional work- ers in the next decade. Since the fall of discrimination. f Lilly Ledbetter’s story poignantly 2007, Columbia Gorge Community Col- coupled with this unfortunate ruling ADDITIONAL STATEMENTS lege has offered a 1-year Certificate reminds us that wage discrimination and a 2-year Associate of Applied persists across our Nation. It is there- Science Degree in Renewable Energy fore long past time we reversed the Su- HONORING RETIRED MAJOR D. Technology. preme Court’s decision in Ledbetter BROCK FOSTER Lane Community College in Eugene, and clarified that laws against pay dis- ∑ Mr. BROWN. Mr. President, I wish to OR was recently commended for their crimination apply to every paycheck or honor the service of a great Amer- certificate and 2-year degree programs other compensation a worker receives. ican—U.S. Air Force retired MAJ D. which train students in energy man- And Senator KENNEDY’s Fair Pay Res- Brock Foster. agement and renewable energy. Grad- toration Act would reestablish a fair A native of Ohio who served his coun- uates of the program are in high de- rule for filing claims of pay discrimina- try in World War II, Korea, and Viet- mand by renewable energy companies. tion based on race, national origin, nam, Major Foster demonstrated un- Lane Community College is quickly gender, religion, age or disability. common courage while flying as an A– gaining recognition as a national lead- This bipartisan measure would also 1 Skyraider during a rescue mission er in sustainability and has won five impose a reasonable time limit for fil- near the Ho Chi Minh Trail on June 28, awards in the past 2 years, including ing pay discrimination claims and 1968. At great risk to his personal safe- the Campus Sustainability Leadership would start the clock for filing pay dis- ty, Major Foster remained in the res- Award from the Association for the Ad- crimination claims when compensation cue area amid heavy antiaircraft artil- vancement of Sustainability in Higher is received, rather than when the em- lery and enemy fire to make repeated Education, and the Outstanding Col- ployer decides to discriminate. Each passes to protect the rescue helicopter. lege Recycling Program Award from discriminatory paycheck would restart Major Foster’s selfless heroism enabled the National Recycling Coalition.

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00064 Fmt 0686 Sfmt 0634 E:\BR08\S24AP8.002 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 6865 The Oregon Institute of Technology, ments to donate a 52-inch flat-panel Act of 2006 to require certain recipients of OIT, also has earned distinction for of- high-definition television to the Vet- Federal funds to disclose the names and fering the Nation’s first 4-year under- erans Center. Just this morning, Mr. total compensation of their most highly graduate degree program in renewable Costigan and other employees person- compensated officers, and for other purposes. H.R. 4185. An act to designate the facility energy. The Institute is on track to ally delivered the television to a group of the United States Postal Service located graduate the first class of students this of ecstatic veterans, who will no longer at 11151 Valley Boulevard in El Monte, Cali- year. Graduating students can seek suffer because of the inconsideration of fornia, as the ‘‘Marisol Heredia Post Office employment in variety of fields includ- another. I am pleased to hear that the Building’’. ing design, engineering, installation, residents have already set up their H.R. 5479. An act to designate the facility auditing and programming within the Nintendo Wii to play bowling. of the United States Postal Service located renewable energy sector. Additionally, I am highlighting this compelling at 117 North Kidd Street in Ionia, Michigan, as the ‘‘Alonzo Woodruff Post Office Build- OIT is working to become the only col- story on the Senate floor today be- ing’’. lege campus in the world to be com- cause of the example it sets for each H.R. 5483. An act to designate the facility pletely powered by geothermal energy. and every one of us. The company has of the United States Postal Service located I believe that we have a responsi- only been in business since November at 10449 White Granite Drive in Oakton, Vir- bility to encourage efforts to increase of last year, but they have already ginia, as the ‘‘Private First Class David H. the availability of renewable energy made a lasting impression on their Sharrett II Post Office Building’’. and conserve our natural resources. Or- local area. While we in Congress must H.R. 5528. An act to designate the facility egon continues to build on a long his- do all that we can to support our na- of the United States Postal Service located at 120 Commercial Street in Brockton, Mas- tory of innovation in environmental tion’s heroic and patriotic veterans, it sachusetts, as the ‘‘Rocky Marciano Post Of- policy and practice. These community is good to see that there are individ- fice Building’’. colleges are leading the way in edu- uals and businesses caring for those H.R. 5613. An act to extend certain mora- cating these workers and providing who have given so much to defend our toria and impose additional moratoria on highly skilled workers to the rapidly country’s freedoms. My heartfelt grati- certain Medicaid regulations through April expanding renewable energy sector in tude and appreciation goes out to Mi- 1, 2009, and for other purposes. our State and the Nation. I commend chael Costigan and the Waukesha H.R. 5712. An act to require disclosure by Federal contractors of certain violations re- them for their efforts and pledge my Home Design Center’s employees for ∑ lating to the award or performance of Fed- full support as they move forward. their work of selflessness and charity, eral contracts. f and I wish them a bright future in all H.R. 5819. An act to amend the Small Busi- of their endeavors.∑ COMMENDING WAUKESHA HOME ness Act to improve the Small Business In- novation Research (SBIR) program and the f DESIGN CENTER Small Business Technology Transfer (STTR) ∑ Ms SNOWE. Mr. President, this week MESSAGES FROM THE PRESIDENT program, and for other purposes. is National Small Business Week, a Messages from the President of the The message also announced that the time to celebrate the critical role United States were communicated to House has passed the following bill, small businesses play in powering our the Senate by Mr. Williams, one of his without amendment: economy. Indeed, as ranking member secretaries. S. 2903. An act to amend Public Law 110–196 of the U.S. Senate Committee on Small to provide for a temporary extension of pro- Business and Entrepreneurship, I am f grams authorized by the Farm Security and constantly reminded of how crucial EXECUTIVE MESSAGES REFERRED Rural Investment Act of 2002 beyond April small businesses are to maintaining 25, 2008. As in executive session the Presiding our economic vitality. Nationally, The message further announced that Officer laid before the Senate messages small firms represent 99.7 percent of all the House has agreed to the following from the President of the United businesses and have generated 60 to 80 concurrent resolution, in which it re- States submitting sundry nominations percent of net new jobs over the past quests the concurrence of the Senate: and a withdrawal which were referred decade. On occasion, one of these small to the appropriate committees. H. Con. Res. 322. Concurrent resolution rec- businesses goes above and beyond the ognizing the 60th anniversary of the found- (The nominations received today are call of social responsibility with an act ing of the modern State of Israel and re- printed at the end of the Senate pro- of true thoughtfulness and generosity. affirming the bonds of close friendship and ceedings.) Michael Costigan and the employees of cooperation between the United States and Israel. the Waukesha Home Design Center in f f southeastern Wisconsin recently an- MESSAGES FROM THE HOUSE swered this call to action and made a ENROLLED BILL SIGNED At 1:15 p.m., a message from the difference in their community. At 6:11 p.m., a message from the The story begins several weeks ago, House of Representatives, delivered by Mrs. Cole, one of its reading clerks, an- House of Representatives, delivered by when a selfish individual posing as a Mrs. Cole, one of its reading clerks, an- worker stole a television from the Za- nounced that the House has passed the following bills, in which it requests the nounced that the Speaker has signed blocki Veterans Affairs Medical Center the following enrolled bill: in Milwaukee, WI. This was a cowardly concurrence of the Senate: S. 2903. An act to amend Public Law 110–196 and despicable act, and I hope that the H.R. 2634. An act to provide for greater re- sponsibility in lending and expanded can- to provide for a temporary extension of pro- perpetrator is brought to justice. After grams authorized by the Farm Security and the theft, elderly and sick veterans at cellation of debts owed to the United States and the international financial institutions Rural Investment Act of 2002 beyond April the center were preparing to adjust to by low-income countries, and for other pur- 25, 2008. watching their favorite movies, TV poses. The enrolled bill was subsequently shows, and Milwaukee Brewers games H.R. 3033. An act to improve Federal agen- signed by the Acting President pro on an older and smaller television, cy awards and oversight of contracts and as- tempore (Mr. REID). until a local businessman heard what sistance and to strengthen accountability of f had happened on the radio. the government-wide suspension and debar- Michael Costigan, the general man- ment system. MEASURES REFERRED ager of the Waukesha Home Design H.R. 3721. An act to designate the facility The following bills were read the first Center and a veteran himself, was in- of the United States Postal Service located at 1190 Lorena Road in Lorena, Texas, as the and the second times by unanimous censed by this incident, and decided to ‘‘Marine Gunnery Sgt. John D. Fry Post Of- consent, and referred as indicated: take action. He and the company’s 25 fice Building’’. H.R. 2634. An act to provide for greater re- employees, many of whom are also vet- H.R. 3928. An act to amend the Federal sponsibility in lending and expanded can- erans, immediately made arrange- Funding Accountability and Transparency cellation of debts owed to the United States

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00065 Fmt 0686 Sfmt 0634 E:\BR08\S24AP8.002 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6866 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 April 24, 2008 and the international financial institutions EXECUTIVE AND OTHER Regulations, Office of Housing, Department by low-income countries, and for other pur- COMMUNICATIONS of Housing and Urban Development, trans- poses; to the Committee on Foreign Rela- mitting, pursuant to law, the report of a rule tions. The following communications were entitled ‘‘Changes in Maximum Mortgage H.R. 3033. An act to improve Federal agen- laid before the Senate, together with Limits for Multifamily Housing’’ (RIN2502– cy awards and oversight of contracts and as- accompanying papers, reports, and doc- AI62) received on April 23, 2008; to the Com- sistance and to strengthen accountability of uments, and were referred as indicated: mittee on Banking, Housing, and Urban Af- fairs. the Government-wide suspension and debar- EC–5913. A communication from the Under EC–5924. A communication from the Chief ment system; to the Committee on Home- Secretary of Agriculture (Natural Resources Counsel, Federal Emergency Management land Security and Governmental Affairs. and Environment), transmitting, pursuant to H.R. 3721. An act to designate the facility Agency, Department of Homeland Security, law, a report relative to the Department’s transmitting, pursuant to law, the report of of the United States Postal Service located proposal to accept a 160-acre donation from at 1190 Lorena Road in Lorena, Texas, as the a rule entitled ‘‘Final Flood Elevation Deter- the Wilderness Land Trust; to the Com- minations’’ (73 FR 18189) received on April 23, ‘‘Marine Gunnery Sgt. John D. Fry Post Of- mittee on Agriculture, Nutrition, and For- fice Building’’; to the Committee on Home- 2008; to the Committee on Banking, Housing, estry. and Urban Affairs. land Security and Governmental Affairs. EC–5914. A communication from the Direc- H.R. 3928. To amend the Federal Funding EC–5925. A communication from the Chief tor, Regulatory Management Division, Envi- Counsel, Federal Emergency Management Accountability and Transparency Act of 2006 ronmental Protection Agency, transmitting, Agency, Department of Homeland Security, to require certain recipients of Federal funds pursuant to law, the report of a rule entitled transmitting, pursuant to law, the report of to disclose the names and total compensa- ‘‘Metconazole; Pesticide Tolerances’’ (FRL a rule entitled ‘‘Final Flood Elevation Deter- tion of their most highly compensated offi- No. 8360–5) received on April 23, 2008; to the minations’’ (73 FR 18197) received on April 23, cers, and for other purpose; to the Com- Committee on Agriculture, Nutrition, and 2008; to the Committee on Banking, Housing, mittee on Homeland Security and Govern- Forestry. and Urban Affairs. mental Affairs. EC–5915. A communication from the Dep- EC–5926. A communication from the Chief H.R. 4185. An act to designate the facility uty General Counsel, Department of Agri- Counsel, Federal Emergency Management of the United States Postal Service located culture, transmitting, pursuant to law, the Agency, Department of Homeland Security, at 11151 Valley Boulevard in El Monte, Cali- report of action on a nomination for the po- transmitting, pursuant to law, the report of fornia, as the ‘‘Marisol Heredia Post Office sition of Secretary of Agriculture, received a rule entitled ‘‘Suspension of Community Building’’; to the Committee on Homeland on April 23, 2008; to the Committee on Agri- Eligibility’’ (73 FR 18188) received on April Security and Governmental Affairs. culture, Nutrition, and Forestry. 23, 2008; to the Committee on Banking, Hous- H.R. 5479. An act to designate the facility EC–5916. A communication from the Direc- ing, and Urban Affairs. of the United States Postal Service located tor, Regulatory Management Division, Envi- EC–5927. A communication from the Gen- at 117 North Kidd Street in Ionia, Michigan, ronmental Protection Agency, transmitting, eral Counsel, National Credit Union Admin- as the ‘‘Alonzo Woodruff Post Office Build- pursuant to law, the report of a rule entitled istration, transmitting, pursuant to law, the ing’’; to the Committee on Homeland Secu- ‘‘Pyraclostrobin; Pesticide Tolerance for report of a rule entitled ‘‘Procedures for rity and Governmental Affairs. Emergency Exemptions’’ (FRL No. 8359–7) re- Debt Collection’’ (Docket No. 47535–01–U) re- H.R. 5483. An act to designate the facility ceived on April 17, 2008; to the Committee on ceived on April 23, 2008; to the Committee on of the United States Postal Service located Agriculture, Nutrition, and Forestry. Banking, Housing, and Urban Affairs. at 10449 White Granite Drive in Oakton, Vir- EC–5917. A communication from the Direc- EC–5928. A communication from the Chief ginia, as the ‘‘Private First Class David H. tor, Regulatory Management Division, Envi- Counsel, Federal Emergency Management Sharrett II Post Office Building’’; to the ronmental Protection Agency, transmitting, Agency, Department of Homeland Security, Committee on Homeland Security and Gov- pursuant to law, the report of a rule entitled transmitting, pursuant to law, the report of ernmental Affairs. ‘‘Cyazofamid; Pesticide Tolerances’’ (FRL a rule entitled ‘‘Suspension of Community H.R. 5528. An act to designate the facility No. 8360–4) received on April 17, 2008; to the Eligibility’’ (73 FR 17926) received on April of the United States Postal Service located Committee on Agriculture, Nutrition, and 23, 2008; to the Committee on Banking, Hous- at 120 Commercial Street in Brockton, Mas- Forestry. ing, and Urban Affairs. sachusetts, as the ‘‘Rocky Marciano Post Of- EC–5918. A communication from the Direc- EC–5929. A communication from the Sec- fice Building’’; to the Committee on Home- tor, Regulatory Management Division, Envi- retary of the Treasury, transmitting, pursu- land Security and Governmental Affairs. ronmental Protection Agency, transmitting, ant to law, a six-month periodic report on H.R. 5819. An act to amend the Small Busi- pursuant to law, the report of a rule entitled the national emergency declared in Execu- ness Act to improve the Small Business In- ‘‘Thiamethoxam; Pesticide Tolerances’’ tive Order 12978 with respect to significant novation Research (SBIR) program and the (FRL No. 8359–9) received on April 17, 2008; to narcotics traffickers centered in Colombia; Small Business Technology Transfer (STTR) the Committee on Agriculture, Nutrition, to the Committee on Banking, Housing, and program, and for other purposes; to the Com- and Forestry. Urban Affairs. EC–5930. A communication from the Attor- mittee on Small Business and Entrepreneur- EC–5919. A communication from the Assist- ney Advisor, Office of the Secretary, Depart- ship. ant Secretary of the Treasury (Manage- ment of Transportation, transmitting, pur- ment), transmitting, pursuant to law, a re- f suant to law, the report of a nomination for port relative to acquisitions made from for- the position of Under Secretary of Transpor- MEASURES READ THE FIRST TIME eign entities; to the Committee on Appro- tation for Policy, received on April 23, 2008; priations. The following bills were read the first to the Committee on Commerce, Science, EC–5920. A communication from the Under time: and Transportation. Secretary of Defense (Acquisition, Tech- EC–5931. A communication from the Acting H.R. 5613. To extend certain moratoria and nology and Logistics), transmitting, pursu- impose additional moratoria on certain Med- Director, Office of Sustainable Fisheries, De- ant to law, the Defense Environmental Pro- partment of Commerce, transmitting, pursu- icaid regulations through April 1, 2009, and grams report for fiscal year 2007; to the Com- for other purposes. ant to law, the report of a rule entitled mittee on Armed Services. ‘‘Inseason Trip Limit Reduction for the S. 2920. A bill to reauthorize and improve EC–5921. A communication from the Prin- the financing and entrepreneurial develop- Hook-and-Line Commercial Fishery for Gulf cipal Deputy, Office of the Under Secretary Group King Mackerel in the Southern Flor- ment programs of the Small Business Ad- of Defense (Personnel and Readiness), trans- ministration, and for other purposes. ida West Coast Subzone’’ (RIN0648–XG54) re- mitting the report of an officer authorized to ceived on April 23, 2008; to the Committee on f wear the insignia of the grade of rear admi- Commerce, Science, and Transportation. ral in accordance with title 10, United States ENROLLED BILL PRESENTED EC–5932. A communication from the Acting Code, section 777; to the Committee on Director, Office of Sustainable Fisheries, De- The Secretary of the Senate reported Armed Services. partment of Commerce, transmitting, pursu- that on today, April 24, 2008, she had EC–5922. A communication from the Direc- ant to law, the report of a rule entitled presented to the President of the tor, Regulatory Management Division, Envi- ‘‘Fisheries of the Exclusive Economic Zone ronmental Protection Agency, transmitting United States the following enrolled Off Alaska; Pollock in Statistical Area 610 of a document recently issued by the Agency the Gulf of Alaska’’ (RIN0648–XG08) received bill: entitled, ‘‘Lead Hazard Information Pam- on April 23, 2008; to the Committee on Com- S. 2903. An act to amend Public Law 110–196 phlet; Notice of Availability’’; to the Com- merce, Science, and Transportation. to provide for a temporary extension of pro- mittee on Banking, Housing, and Urban Af- EC–5933. A communication from the Dep- grams authorized by the Farm Security and fairs. uty Chief, Consumer and Governmental Af- Rural Investment Act of 2002 beyond April EC–5923. A communication from the Asso- fairs Bureau, Federal Communications Com- 25, 2008. ciate General Counsel for Legislation and mission, transmitting, pursuant to law, the

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00066 Fmt 0686 Sfmt 0634 E:\BR08\S24AP8.002 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 6867 report of a rule entitled ‘‘Telecommuni- ment 80 Limited Access Fishery in the Ber- the report of a rule entitled ‘‘Virginia Regu- cations Relay Services and Speech-to-Speech ing Sea and Aleutian Islands Management latory Programs’’ (Docket No. VA–124–FOR) Services for Individuals with Hearing and Area’’ (RIN0648–XG70) received on April 23, received on April 23, 2008; to the Committee Speech Disabilities; E911 Requirements for 2008; to the Committee on Commerce, on Energy and Natural Resources. IP-Enabled Service Providers’’ (FCC 08–78) Science, and Transportation. EC–5951. A communication from the Direc- received on April 17, 2008; to the Committee EC–5942. A communication from the Direc- tor, Regulatory Management Division, Envi- on Commerce, Science, and Transportation. tor, Office of Sustainable Fisheries, Depart- ronmental Protection Agency, transmitting, EC–5934. A communication from the Chief ment of Commerce, transmitting, pursuant pursuant to law, the report of a rule entitled of Staff, Media Bureau, Federal Communica- to law, the report of a rule entitled ‘‘Fish- ‘‘Approval and Promulgation of Air Quality tions Commission, transmitting, pursuant to eries of the Exclusive Economic Zone Off Implementation Plans; Indiana; Revisions to law, the report of a rule entitled ‘‘Amend- Alaska; Pollock in Statistical Area 620 in the Particulate Matter Rules’’ (FRL No. 8559–7) ment of Section 73.202(b), Table of Allot- Gulf of Alaska’’ (RIN0648–XG73) received on received on April 23, 2008; to the Committee ments, FM Broadcast Stations; Ash Fork April 23, 2008; to the Committee on Com- on Environment and Public Works. and Paulden, Arizona’’ (MB Docket No. 07- merce , Science, and Transportation. EC–5952. A communication from the Direc- 220) received on April 17, 2008; to the Com- EC–5943. A communication from the Acting tor, Regulatory Management Division, Envi- mittee on Commerce, Science, and Transpor- Assistant Administrator for Fisheries, Na- ronmental Protection Agency, transmitting, tation. tional Marine Fisheries Service, Department pursuant to law, the report of a rule entitled EC–5935. A communication from the Chief of Commerce, transmitting, pursuant to law, ‘‘Approval and Promulgation of Air Quality of Staff, Media Bureau, Federal Communica- the report of a rule entitled ‘‘Final Speci- Implementation Plans; Montana; Whitefish tions Commission, transmitting, pursuant to fication of Fiscal Year 2008 Total Allowable PM10 Nonattainment Area Control Plan’’ law, the report of a rule entitled ‘‘Amend- Catches for Eastern Georges Bank Cod, East- (FRL No. 8552–4) received on April 23, 2008; to ment of Section 73.202(b), Table of Allot- ern GB Haddock, and GB Yellowtail Floun- the Committee on Environment and Public ments, FM Broadcast Stations; Clayton, der in the U.S./Canada Management Area’’ Works. Oklahoma’’ (MB Docket No. 07–227) received (RIN0648–AW13) received on April 23, 2008; to EC–5953. A communication from the Direc- on April 17, 2008; to the Committee on Com- the Committee on Commerce, Science, and tor, Regulatory Management Division, Envi- merce, Science, and Transportation. Transportation. ronmental Protection Agency, transmitting, EC–5936. A communication from the Legal EC–5944. A communication from the Acting pursuant to law, the report of a rule entitled Advisor, Wireless Telecommunications Bu- Director, Office of Sustainable Fisheries, De- ‘‘Approval and Promulgation of Air Quality reau, Federal Communications Commission, partment of Commerce, transmitting, pursu- Implementation Plans; Virginia; Section transmitting, pursuant to law, the report of ant to law, the report of a rule entitled 110(a)(1) 8-Hour Ozone Maintenance Plan for a rule entitled ‘‘Amendment of Various ‘‘Fisheries of the Exclusive Economic Zone the White Top Mountain, Smyth County, Rules Affecting Wireless Services’’ (WT Off Alaska; Pacific Cod by American Fish- Virginia 1-Hour Ozone Nonattainment Area’’ Docket No. 03–264) received on April 17, 2008; eries Act Catcher Processors Using Trawl (FRL No. 8559–6) received on April 23, 2008; to to the Committee on Commerce, Science, Gear in the Bering Sea and Aleutian Islands the Committee on Environment and Public and Transportation. Management Area’’ (RIN0648–XG65) received Works. EC–5954. A communication from the Direc- EC–5937. A communication from the Attor- on April 23, 2008; to the Committee on Com- tor, Regulatory Management Division, Envi- ney Advisor, Wireline Competition Bureau, merce, Science, and Transportation. ronmental Protection Agency, transmitting, Federal Communications Commission, trans- EC–5945. A communication from the Acting pursuant to law, the report of a rule entitled mitting, pursuant to law, the report of a rule Director, Office of Sustainable Fisheries, De- ‘‘Approval and Promulgation of Air Quality entitled ‘‘Universal Service Support for partment of Commerce, transmitting, pursu- Implementation Plans; Wisconsin; Redesig- Health Care Providers—Eligibility’’ (FCC 08– ant to law, the report of a rule entitled nation of the Forest County Potawatomi 47) received on April 17, 2008; to the Com- ‘‘Fisheries of the Exclusive Economic Zone Community Reservation to a PSD Class I mittee on Commerce, Science, and Transpor- Off Alaska; Shallow-Water Species Fishery Area’’ (FRL No. 8557–6) received on April 23, tation. by Vessels Using Trawl Gear in the Gulf of 2008; to the Committee on Environment and EC–5938. A communication from the Legal Alaska’’ (RIN0648–XG62) received on April 23, Public Works. Advisor, Wireless Telecommunications Bu- 2008; to the Committee on Commerce, EC–5955. A communication from the Direc- reau, Federal Communications Commission, Science, and Transportation. tor, Regulatory Management Division, Envi- transmitting, pursuant to law, the report of EC–5946. A communication from the Acting ronmental Protection Agency, transmitting, a rule entitled ‘‘Facilitating the Provision of Director, Office of Sustainable Fisheries, De- pursuant to law, the report of a rule entitled Fixed and Mobile Broadband Access, Edu- partment of Commerce, transmitting, pursu- ‘‘Approval and Promulgation of Air Quality cational and Other Advanced Services in the ant to law, the report of a rule entitled Implementation Plans; Delaware; Control of 2150–2162 and 2500–2690 MHz Bands; Reviewing ‘‘Fisheries of the Exclusive Economic Zone Stationary Generator Emissions’’ (FRL No. of the Spectrum Sharing Plan Among Non- Off Alaska; Pacific Cod by Catcher Vessels 8559–5) received on April 23, 2008; to the Com- Geostationary Satellite Orbit Mobile Sat- Less Than 60 Ft. LOA Using Pot or Hook- mittee on Environment and Public Works. ellite Service Systems in the 1.6/2.4 GHz and-Line Gear in the Bering Sea and Aleu- EC–5956. A communication from the Direc- Bands’’ (FCC 08–83) received on April 17, 2008; tian Islands Management Area’’ (RIN0648– tor, Regulatory Management Division, Envi- to the Committee on Commerce, Science, XG58) received on April 23, 2008; to the Com- ronmental Protection Agency, transmitting, and Transportation. mittee on Commerce, Science, and Transpor- pursuant to law, the report of a rule entitled EC–5939. A communication from the Direc- tation. ‘‘Approval and Promulgation of Implementa- tor, Office of Sustainable Fisheries, Depart- EC–5947. A communication from the Sec- tion Plans; Kentucky: Tennessee Valley Au- ment of Commerce, transmitting, pursuant retary of Energy, transmitting a legislative thority Paradise Facility State Implementa- to law, the report of a rule entitled proposal intended to give the Department tion Plan Revision’’ (FRL No. 8559–1) re- ‘‘Inseason Trip Limit Reduction for the Com- the authority to share Restricted Data in ceived on April 23, 2008; to the Committee on mercial Fishery for Golden Tilefish for the certain situations with persons not in pos- Environment and Public Works. 2008 Fishing Year’’ (RIN0648–XG34) received session of specific security clearances; to the EC–5957. A communication from the Direc- on April 23, 2008; to the Committee on Com- Committee on Energy and Natural Re- tor, Regulatory Management Division, Envi- merce , Science, and Transportation. sources. ronmental Protection Agency, transmitting, EC–5940. A communication from the Direc- EC–5948. A communication from the Chief pursuant to law, the report of a rule entitled tor, Office of Sustainable Fisheries, Depart- Human Capital Officer, Office of the Sec- ‘‘National Emission Standards for Hazardous ment of Commerce, transmitting, pursuant retary, Department of Energy, transmitting, Air Pollutants; Organic Liquids Distribu- to law, the report of a rule entitled ‘‘Fish- pursuant to law, the report of a vacancy and tion’’ ((RIN2060–AO99)(FRL No. 8557–1)) re- eries of the Economic Exclusive Zone Off designation of an acting officer for the posi- ceived on April 23, 2008; to the Committee on Alaska; Atka Mackerel in the Eastern Aleu- tion of Deputy Secretary, received on April Environment and Public Works. tian District and the Bering Sea Subarea for 23, 2008; to the Committee on Energy and EC–5958. A communication from the Direc- Vessels Participating in the BSAI Trawl Natural Resources. tor, Regulatory Management Division, Envi- Limited Access Fishery’’ (RIN0648–XG52) re- EC–5949. A communication from the Asso- ronmental Protection Agency, transmitting, ceived on April 23, 2008; to the Committee on ciate Deputy Secretary of the Interior, pursuant to law, the report of a rule entitled Commerce, Science, and Transportation. transmitting a draft bill entitled, ‘‘Pick- ‘‘Outer Continental Shelf Air Regulations EC–5941. A communication from the Direc- Sloan Missouri Basin Program Cost Re- Consistency Update for California’’ (FRL No. tor, Office of Sustainable Fisheries, Depart- allocation Act of 2008’’; to the Committee on 8542–3) received on April 23, 2008; to the Com- ment of Commerce, transmitting, pursuant Energy and Natural Resources. mittee on Environment and Public Works. to law, the report of a rule entitled ‘‘Fish- EC–5950. A communication from the Direc- EC–5959. A communication from the Direc- eries of the Exclusive Economic Zone Off tor, Office of Surface Mining, Department of tor, Regulatory Management Division, Envi- Alaska; Pacific Cod by Vessels in the Amend- the Interior, transmitting, pursuant to law, ronmental Protection Agency, transmitting,

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00067 Fmt 0686 Sfmt 0634 E:\BR08\S24AP8.002 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6868 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 April 24, 2008 pursuant to law, the report of a rule entitled Internal Revenue Service, Department of the tion for the position of Director, received on ‘‘Regulation of Fuels and Fuel Additives: Re- Treasury, transmitting, pursuant to law, the April 23, 2008; to the Committee on the Judi- vised Definition of Substantially Similar report of a rule entitled ‘‘Applicable Federal ciary. Rule for Alaska’’ ((RIN2060–AN94)(FRL No. Rates—May 2008’’ (Rev. Rul. 2008–24) received EC–5980. A communication from the Sec- 8557–8)) received on April 23, 2008; to the on April 23, 2008; to the Committee on Fi- retary of Labor, transmitting, a draft bill in- Committee on Environment and Public nance. tended to enhance the Department’s ability Works. EC–5969. A communication from the Ad- to administer the H–2A foreign labor certifi- EC–5960. A communication from the Direc- ministrator, National Aeronautics and Space cation program; to the Committee on the Ju- tor, Office of Congressional Affairs, Nuclear Administration, transmitting proposed legis- diciary. Regulatory Commission, transmitting, pur- lation intended to permit the Administra- EC–5981. A communication from the Prin- suant to law, the report of a rule entitled tion to continue to procure Russian support cipal Deputy Assistant Attorney General, Of- ‘‘Statement of Policy on Conduct of New Re- for the International Space Station until fice of Legislative Affairs, Department of actor Licensing Proceedings’’ (7590–01–P) re- suitable U.S. capabilities are in place; to the Justice, transmitting draft legislation in- ceived on April 17, 2008; to the Committee on Committee on Foreign Relations. tended to provide for the continued perform- Environment and Public Works. EC–5970. A communication from the Assist- ance of the functions of the U.S. Parole Com- EC–5961. A communication from the Direc- ant Secretary, Office of Legislative Affairs, mission; to the Committee on the Judiciary. tor, Regulatory Management Division, Envi- Department of State, transmitting, pursuant EC–5982. A communication from the Chief ronmental Protection Agency, transmitting, to law, a report relative to the Millennium Justice of the Supreme Court of the United pursuant to law, the report of a rule entitled Challenge Corporation’s activities during fis- States, transmitting, pursuant to law, ‘‘Revocation of Significant New Use Rules on cal year 2007; to the Committee on Foreign amendments to the Federal Rules of Bank- Certain Chemical Substances’’ ((RIN2070– Relations. ruptcy Procedure that were adopted by the AB27)(FRL No. 8358–4)) received on April 17, EC–5971. A communication from the Assist- Court; to the Committee on the Judiciary. 2008; to the Committee on Environment and ant Secretary, Office of Legislative Affairs, f Public Works. Department of State, transmitting, pursuant EC–5962. A communication from the Direc- to law, the certification of a proposed agree- REPORTS OF COMMITTEES tor, Regulatory Management Division, Envi- ment for the export of defense articles to The following reports of committees ronmental Protection Agency, transmitting, Japan relative to the JCSAT–12 Commercial were submitted: pursuant to law, the report of a rule entitled Communications Satellite; to the Committee ‘‘Approval and Promulgation of Air Quality on Foreign Relations. By Mr. BIDEN, from the Committee on Implementation Plans; Delaware; Transpor- EC–5972. A communication from the Sec- Foreign Relations, with amendments and an tation Conformity Regulations’’ (FRL No. retary of Labor, transmitting proposed legis- amendment to the title: S. 2433. A bill to require the President to 8555–4) received on April 17, 2008; to the Com- lation intended to improve enforcement of develop and implement a comprehensive mittee on Environment and Public Works. the Labor-Management Reporting and Dis- strategy to further the United States foreign EC–5963. A communication from the Direc- closure Act of 1959; to the Committee on policy objective of promoting the reduction tor, Regulatory Management Division, Envi- Health, Education, Labor, and Pensions. of global poverty, the elimination of extreme ronmental Protection Agency, transmitting, EC–5973. A communication from the Sec- global poverty, and the achievement of the pursuant to law, the report of a rule entitled retary of the Federal Trade Commission, Millennium Development Goal of reducing ‘‘Approval and Promulgation of Air Quality transmitting, pursuant to law, a report enti- by one-half the proportion of people world- Implementation Plans; Virginia; Incorpora- tled ‘‘Annual Report on the Notification and wide, between 1990 and 2015, who live on less tion of On-Board Diagnostic Testing and Federal Employee Antidiscrimination and than $1 per day (Rept. No. 110–331). Other Amendments to the Motor Vehicle Retaliation Act of 2002: Fiscal 2007 (March By Mr. LEAHY, from the Committee on Emission Inspection Program for the North- 2008)’’; to the Committee on Homeland Secu- the Judiciary, without amendment and with ern Virginia Program Area’’ (FRL No. 8555–5) rity and Governmental Affairs. a preamble: received on April 17, 2008; to the Committee EC–5974. A communication from the Dis- H. Con. Res. 292. A concurrent resolution on Environment and Public Works. trict of Columbia Auditor, transmitting, pur- honoring Margaret Truman Daniel and her EC–5964. A communication from the Direc- suant to law, a report entitled, ‘‘Compliance lifetime of accomplishments. tor, Regulatory Management Division, Envi- with the Government Managers Account- S. Res. 511. A resolution recognizing that ronmental Protection Agency, transmitting, ability Amendment Act of 1995 Has Been In- John Sidney McCain, III, is a natural born pursuant to law, the report of a rule entitled complete and Inconsistent’’; to the Com- citizen. ‘‘Petition for Reconsideration and With- mittee on Homeland Security and Govern- S. Res. 515. A resolution commemorating drawal of Findings of Significant Contribu- mental Affairs. the life and work of Dith Pran. tion and Rulemaking for Georgia and for EC–5975. A communication from the Direc- Purposes of Reducing Ozone Interstate tor, U.S. Office of Government Ethics, trans- f Transport’’ ((RIN2060–AN12)(FRL No. 8556–2)) mitting a legislative proposal intended to EXECUTIVE REPORTS OF received on April 17, 2008; to the Committee modernize the financial disclosure process COMMITTEES on Environment and Public Works. for Federal personnel; to the Committee on EC–5965. A communication from the Direc- Homeland Security and Governmental Af- The following executive reports of tor, Regulatory Management Division, Envi- fairs. nominations were submitted: ronmental Protection Agency, transmitting, EC–5976. A communication from the Dis- By Mr. LEVIN for the Committee on pursuant to law, the report of a rule entitled trict of Columbia Auditor, transmitting, pur- Armed Services. ‘‘Withdrawal of Federal Implementation suant to law, a report entitled, ‘‘Perform- Air Force nomination of Col. Bruce A. Plans for the Clean Air Interstate Rule in 12 ance Measurement System Needs Long-Term Litchfield, to be Brigadier General. States’’ (FRL No. 8556–1) received on April Stability and Commitment to Maximize Ef- Air Force nominations beginning with 17, 2008; to the Committee on Environment fectiveness’’; to the Committee on Homeland Brigadier General C. D. Alston and ending and Public Works. Security and Governmental Affairs. with Brigadier General Mark S. Solo, which EC–5966. A communication from the Chief EC–5977. A communication from the Dis- nominations were received by the Senate and of the Publications and Regulations Branch, trict of Columbia Auditor, transmitting, pur- appeared in the Congressional Record on Internal Revenue Service, Department of the suant to law, a report entitled, ‘‘Letter Re- March 13, 2008. Treasury, transmitting, pursuant to law, the port: Comparative Analysis of Actual Cash Air Force nomination of Maj. Gen. Dana T. report of a rule entitled ‘‘Employer Com- Collections to the Revised Revenue Estimate Atkins, to be Lieutenant General. parable Contributions to Health Savings Ac- Through the 1st Quarter of Fiscal Year 2008’’; Army nomination of Brig. Gen. Scott G. counts under Section 4980G’’ ((RIN1545– to the Committee on Homeland Security and West, to be Major General. BF97)(TD 9393)) received on April 17, 2008; to Governmental Affairs. Army nomination of Lt. Gen. Walter L. the Committee on Finance. EC–5978. A communication from the Sec- Sharp, to be General. EC–5967. A communication from the Assist- retary of Health and Human Services, trans- Army nomination of Lt. Gen. Ann E. ant Director of the Publications and Regula- mitting, pursuant to law, a report entitled, Dunwoody, to be Lieutenant General. tions Branch, Internal Revenue Service, De- ‘‘Report to Congress on the Social and Eco- Army nomination of Gen. David D. partment of the Treasury, transmitting, pur- nomic Conditions of Native Americans: Fis- McKiernan, to be General. suant to law, the report of a rule entitled cal Years 2001 and 2002’’; to the Committee Army nomination of Brig. Gen. Robert L. ‘‘Employee Leasing Arrangements’’ (Rev. on Indian Affairs. Caslen, Jr., to be Major General. Rul. 2008–23) received on April 17, 2008; to the EC–5979. A communication from the White Army nomination of Maj. Gen. Mitchell H. Committee on Finance. House Liaison, National Institute of Justice, Stevenson, to be Lieutenant General. EC–5968. A communication from the Chief Department of Justice, transmitting, pursu- Army nomination of Maj. Gen. Frank G. of the Publications and Regulations Branch, ant to law, the report of action on a nomina- Helmick, to be Lieutenant General.

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00068 Fmt 0686 Sfmt 0634 E:\BR08\S24AP8.002 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 6869 Marine Corps nominations beginning with the Senate and appeared in the Congres- Marine Corps nominations beginning with Brigadier General Randolph D. Alles and sional Record on March 11, 2008. David G. Mcculloh and ending with Paul W. ending with Brigadier General Michael R. Air Force nominations beginning with Voss, which nominations were received by Regner, which nominations were received by John T. Aalborg, Jr. and ending with Mi- the Senate and appeared in the Congres- the Senate and appeared in the Congres- chael A. Zrostlik, which nominations were sional Record on April 15, 2008. sional Record on January 23, 2008. (minus 1 received by the Senate and appeared in the Navy nomination of Thomas M. Cashman, nominee: Brigadier General Melvin G. Congressional Record on March 11, 2008. to be Captain. Spiese) Air Force nominations beginning with Navy nomination of Kelly R. Middleton, to Marine Corps nomination of Brig. Gen. David L. Babcock and ending with Wayne A. be Lieutenant Commander. Darrell L. Moore, to be Major General. Zimmet, which nominations were received Navy nomination of Theresa A. Fraser, to Marine Corps nomination of Lt. Gen. Keith by the Senate and appeared in the Congres- be Lieutenant Commander. Navy nominations beginning with Lee R. J. Stalder, to be Lieutenant General. sional Record on March 31, 2008. Ras and ending with Elizabeth M. Solze, Marine Corps nominations beginning with Air Force nomination of Howard P. Blount which nominations were received by the Sen- Col. James M. Lariviere and ending with Col. III, to be Lieutenant Colonel. ate and appeared in the Congressional Kenneth J. Lee, which nominations were re- Air Force nomination of Errill C. Avecilla, Record on March 11, 2008. (minus 6 nominees ceived by the Senate and appeared in the to be Major. beginning with John M. Marmolejo) Congressional Record on February 14, 2008. Air Force nomination of Mark Y. Liu, to Navy nomination of Aaron J. Beattie IV, Marine Corps nomination of Brig. Gen. Jo- be Major. to be Lieutenant Commander. seph F. Dunford, Jr., to be Lieutenant Gen- Air Force nominations beginning with Navy nominations beginning with Kristian eral. Bryce G. Whisler and ending with Timothy E. Lewis and ending with Luther P. Martin, Marine Corps nomination of Maj. Gen. M. French, which nominations were received which nominations were received by the Sen- John M. Paxton, Jr., to be Lieutenant Gen- by the Senate and appeared in the Congres- ate and appeared in the Congressional eral. sional Record on April 7, 2008. Record on March 31, 2008. Marine Corps nomination of Maj. Gen. Air Force nominations beginning with Navy nominations beginning with Samuel Dennis J. Hejlik, to be Lieutenant General. Phiet T. Bui and ending with Michael J. G. Espiritu and ending with Paul G. Scanlan, Marine Corps nomination of Lt. Gen. Rich- Morris, which nominations were received by which nominations were received by the Sen- ard F. Natonski, to be Lieutenant General. the Senate and appeared in the Congres- ate and appeared in the Congressional Marine Corps nomination of Maj. Gen. sional Record on April 7, 2008. Record on April 15, 2008. Duane D. Thiessen, to be Lieutenant Gen- Army nominations beginning with Mario Navy nominations beginning with Terry L. eral. Aguirre III and ending with Scott B. Zima, Buckman and ending with Thomas M. Wil- Navy nomination of Rear Adm. John M. which nominations were received by the Sen- liams, which nominations were received by Bird, to be Vice Admiral. ate and appeared in the Congressional the Senate and appeared in the Congres- Navy nomination of Rear Adm. (lh) Victor Record on March 11, 2008. sional Record on April 15, 2008. C. See, Jr., to be Rear Admiral. Army nominations beginning with Barry Mr. INOUYE. Mr. President, for the Navy nominations beginning with Captain L. Adams and ending with Timothy M. Committee on Commerce, Science, and Douglass T. Biesel and ending with Captain Zegers, which nominations were received by Douglas J. Venlet, which nominations were the Senate and appeared in the Congres- Transportation I report favorably the received by the Senate and appeared in the sional Record on March 11, 2008. following nomination lists which were Congressional Record on March 31, 2008. Army nominations beginning with Kevin printed in the RECORDS on the dates in- (minus 1 nominee: Captain Terry B. Kraft). S. Anderson and ending with Rufus Woods dicated, and ask unanimous consent, to Navy nomination of Rear Adm. (lh) Carol I. III, which nominations were received by the save the expense of reprinting on the Turner, to be Rear Admiral. Senate and appeared in the Congressional Executive Calendar that these nomina- Mr. LEVIN. Mr. President, for the Record on March 11, 2008. tions lie at the Secretary’s desk for the Committee on Armed Services I report Army nominations beginning with Robert information of Senators. B. Allman III and ending with Richard F. The PRESIDING OFFICER. Without favorably the following nomination Winchester, which nominations were re- lists which were printed in the ceived by the Senate and appeared in the objection, it is so ordered. RECORDS on the dates indicated, and Congressional Record on March 11, 2008. Coast Guard nomination of Trevor M. ask unanimous consent, to save the ex- Army nomination of Barry L. Shoop, to be Hare, to be Lieutenant. pense of reprinting on the Executive Colonel. Coast Guard nomination of Susan M. Mai- Army nomination of Brian J. Chapuran, to tre, to be Lieutenant Commander. Calendar that these nominations lie at By Mr. DORGAN for the Committee on In- be Major. the Secretary’s desk for the informa- dian Affairs. tion of Senators. Army nomination of Gregory T. Reppas, to *Robert G. McSwain, of Maryland, to be be Major. Director of the Indian Health Service, De- The PRESIDING OFFICER. Without Army nomination of Vanessa M. Meyer, to objection, it is so ordered. partment of Health and Human Services, for be Major. the term of four years. Air Force nominations beginning with Army nominations beginning with Thomas By Mr. LEAHY for the Committee on the David M. Abel and ending with Michael M. E. Durham and ending with Daniel P. Judiciary. Zwalve, which nominations were received by Massey, which nominations were received by Michael G. McGinn, of Minnesota, to be the Senate and appeared in the Congres- the Senate and appeared in the Congres- United States Marshal for the District of sional Record on February 26, 2008. sional Record on March 31, 2008. Minnesota for the term of four years. Air Force nominations beginning with Army nominations beginning with Charles Ralph E. Martinez, of Florida, to be a Susan S. Baker and ending with Jon C. L. Garbarino and ending with Juan Member of the Foreign Claims Settlement Welch, which nominations were received by Garrastegui, which nominations were re- Commission of the United States for a term the Senate and appeared in the Congres- ceived by the Senate and appeared in the expiring September 30, 2010. sional Record on March 11, 2008. Congressional Record on March 31, 2008. Mark S. Davis, of Virginia, to be United Air Force nominations beginning with Army nominations beginning with Milton States District Judge for the Eastern Dis- David A. Bargatze and ending with Aaron E. M. Ong and ending with Matthew S. Mower, trict of Virginia. Woodward, which nominations were received which nominations were received by the Sen- David Gregory Kays, of Missouri, to be by the Senate and appeared in the Congres- ate and appeared in the Congressional United States District Judge for the Western sional Record on March 11, 2008. Record on March 31, 2008. District of Missouri. Air Force nominations beginning with Army nomination of Craig A. Myatt, to be Stephen N. Limbaugh, Jr., of Missouri, to Mark E. Allen and ending with Charles E. Lieutenant Colonel. be United States District Judge for the East- Wiedie, Jr., which nominations were received Army nomination of John C. Kolb, to be ern District of Missouri. by the Senate and appeared in the Congres- Colonel. *Nomination was reported with rec- sional Record on March 11, 2008. Army nomination of Kenneth D. Smith, to ommendation that it be confirmed sub- Air Force nominations beginning with be Major. ject to the nominee’s commitment to Kerry M. Abbott and ending with William F. Army nomination of John M. Hoppmann, respond to requests to appear and tes- Ziegler III, which nominations were received to be Lieutenant Colonel. by the Senate and appeared in the Congres- Army nominations beginning with Amy M. tify before any duly constituted com- sional Record on March 11, 2008. Bajus and ending with Robert P. Vasquez, mittee of the Senate. Air Force nominations beginning with which nominations were received by the Sen- (Nominations without an asterisk Richard T. Broyer and ending with Brian K. ate and appeared in the Congressional were reported with the recommenda- Wyrick, which nominations were received by Record on April 15, 2008. tion that they be confirmed.)

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00069 Fmt 0686 Sfmt 0634 E:\BR08\S24AP8.002 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6870 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 April 24, 2008 INTRODUCTION OF BILLS AND into the United States; to the Committee on By Mr. KERRY (for himself, Mr. COLE- JOINT RESOLUTIONS Health, Education, Labor, and Pensions. MAN, Mr. FEINGOLD, Mr. DURBIN, Mr. By Mr. SCHUMER: DODD, Mr. OBAMA, and Mr. ISAKSON): The following bills and joint resolu- S. 2915. A bill to require the Commissioner S. Res. 533. A resolution expressing the tions were introduced, read the first of Social Security to issue uniform standards sense of the Senate regarding the political and second times by unanimous con- for the method for truncation of social secu- situation in Zimbabwe; to the Committee on sent, and referred as indicated: rity account numbers in order to protect Foreign Relations. By Mr. HARKIN: such numbers from being used in the per- f petration of fraud or identity theft and to S. 2903. A bill to amend Public Law 110–196 ADDITIONAL COSPONSORS to provide for a temporary extension of pro- provide for a prohibition on the display to grams authorized by the Farm Security and the general public on the Internet of social S. 21 Rural Investment Act of 2002 beyond April security account numbers by State and local governments, and for other purposes; to the At the request of Mr. REID, the name 25, 2008; considered and passed. of the Senator from Virginia (Mr. By Mrs. MCCASKILL: Committee on the Judiciary. S. 2904. A bill to improve Federal agency By Mrs. CLINTON: WEBB) was added as a cosponsor of S. awards and oversight of contracts and assist- S. 2916. A bill to ensure greater trans- 21, a bill to expand access to preventive ance and to strengthen accountability of the parency in the Federal contracting process, health care services that help reduce Government-wide suspension and debarment and to help prevent contractors that violate unintended pregnancy, reduce abor- system; to the Committee on Homeland Se- criminal laws from obtaining Federal con- tions, and improve access to women’s curity and Governmental Affairs. tracts; to the Committee on Homeland Secu- health care. By Mrs. MCCASKILL: rity and Governmental Affairs. S. 34 S. 2905. A bill to require disclosure by Fed- By Mr. CORNYN: eral contractors of certain violations relat- S. 2917. A bill to strengthen sanctions At the request of Mr. ENZI, the name ing to the award or performance of Federal against the Government of Syria, to enhance of the Senator from South Dakota (Mr. contracts; to the Committee on Homeland multilateral commitment to address the THUNE) was added as a cosponsor of S. Security and Governmental Affairs. Government of Syria’s threatening policies, 34, a bill to promote simplification and By Mr. CASEY (for himself and Ms. to establish a program to support a transi- fairness in the administration and col- STABENOW): tion to a democratically-elected government lection of sales and use taxes. S. 2906. A bill to require a report on in Syria, and for other purposes; to the Com- invasive agricultural pests and diseases and mittee on Finance. S. 661 sanitary and phytosanitary barriers to trade By Mr. MENENDEZ (for himself, Mrs. At the request of Mrs. CLINTON, the before initiating negotiations to enter into a CLINTON, Mr. DURBIN, and Mr. LAU- names of the Senator from Indiana free trade agreement, and for other purposes; TENBERG): (Mr. BAYH) and the Senator from Con- to the Committee on Finance. S. 2918. A bill to restore, reaffirm, and rec- necticut (Mr. DODD) were added as co- By Mr. INOUYE (for himself and Mr. oncile legal rights and remedies under civil sponsors of S. 661, a bill to establish rights statutes; to the Committee on the Ju- STEVENS): kinship navigator programs, to estab- S. 2907. A bill to establish uniform admin- diciary. istrative and enforcement procedures and By Mr. STEVENS (for himself, Mr. lish guardianship assistance payments penalties for the enforcement of the High INOUYE, Mr. SMITH, Mr. DORGAN, Mr. for children, and for other purposes. Seas Driftnet Fishing Moratorium Protec- THUNE, Mr. PRYOR, and Ms. SNOWE): S. 1117 tion Act and similar statutes, and for other S. 2919. A bill to promote the accurate At the request of Mr. BOND, the name purposes; to the Committee on Commerce, transmission of network traffic identifica- of the Senator from Connecticut (Mr. Science, and Transportation. tion information; to the Committee on Com- LIEBERMAN) was added as a cosponsor By Mr. BROWN (for himself and Mr. merce, Science, and Transportation. of S. 1117, a bill to establish a grant COBURN): By Mr. KERRY (for himself and Ms. S. 2908. A bill to amend title II of the So- SNOWE): program to provide vision care to chil- cial Security Act to prohibit the display of S. 2920. A bill to reauthorize and improve dren, and for other purposes. Social Security account numbers on Medi- the financing and entrepreneurial develop- S. 1311 ment programs of the Small Business Ad- care cards; to the Committee on Finance. At the request of Mr. KERRY, the ministration, and for other purposes; read By Mrs. BOXER (for herself and Mrs. name of the Senator from New Jersey FEINSTEIN): the first time. (Mr. MENENDEZ) was added as a cospon- S. 2909. A bill to amend the National Trails f System Act to provide for the study of the sor of S. 1311, a bill to permanently Western States Trail; to the Committee on SUBMISSION OF CONCURRENT AND prohibit oil and gas leasing in the Energy and Natural Resources. SENATE RESOLUTIONS North Aleutian Basin Planning Area, By Ms. SNOWE (for herself and Mr. The following concurrent resolutions and for other purposes. BROWN): and Senate resolutions were read, and S. 1882 S. 2910. A bill to require brokers to disclose and pay independent truckers for any fuel referred (or acted upon), as indicated: At the request of Mr. HAGEL, the surcharges received from shippers that relate By Mr. DORGAN (for himself and Mr. name of the Senator from New Jersey to fuel costs paid for by the truckers; to the CRAPO): (Mr. MENENDEZ) was added as a cospon- Committee on Commerce, Science, and S. Res. 530. A resolution designating the sor of S. 1882, a bill to amend the Pub- Transportation. week beginning October 5, 2008, as ‘‘National lic Health Service Act to establish var- By Ms. MURKOWSKI (for herself and Sudden Cardiac Arrest Awareness Week″; to ious programs for the recruitment and Mrs. MURRAY): the Committee on the Judiciary. retention of public health workers and S. 2911. A bill to improve vaccination rates By Mr. MENENDEZ (for himself, Mr. to eliminate critical public health among children; to the Committee on KENNEDY, Mr. FEINGOLD, Mrs. BOXER, Health, Education, Labor, and Pensions. Mr. LEVIN, Mr. DURBIN, Mr. INOUYE, workforce shortages in Federal, State, By Mr. LAUTENBERG (for himself, Mr. SANDERS, Mr. DODD, Mr. CASEY, local, and tribal public health agencies. Mr. KENNEDY, Mr. KERRY, Mrs. Mr. LAUTENBERG, Mr. AKAKA, and Mr. S. 1951 BOXER, and Mr. MENENDEZ): JOHNSON): At the request of Mr. BAUCUS, the S. 2912. A bill to amend title 18, United S. Res. 531. A resolution supporting the name of the Senator from Michigan States Code, to prohibit certain interstate goals and ideals of a National Child Care conduct relating to exotic animals; to the Worthy Wage Day; to the Committee on the (Mr. LEVIN) was added as a cosponsor of Committee on the Judiciary. Judiciary. S. 1951, a bill to amend title XIX of the By Mr. LEAHY (for himself and Mr. By Mr. FEINGOLD: Social Security Act to ensure that in- HATCH): S. Res. 532. A resolution recommending dividuals eligible for medical assist- S. 2913. A bill to provide a limitation on ju- that the Langston Golf Course, located in ance under the Medicaid program con- dicial remedies in copyright infringement northeast Washington, DC, and owned by the tinue to have access to prescription cases involving orphan works; to the Com- National Park Service, be recognized for its drugs, and for other purposes. mittee on the Judiciary. important legacy and contributions to Afri- By Mr. VITTER: can-American golf history, and for other pur- S. 1954 S. 2914. A bill to ensure the safety of sea- poses; to the Committee on Energy and Nat- At the request of Mr. BAUCUS, the food and seafood products being imported ural Resources. name of the Senator from Alabama

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00070 Fmt 0686 Sfmt 0634 E:\BR08\S24AP8.002 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 6871

(Mr. SESSIONS) was added as a cospon- S. 2485 (Mr. WEBB) and the Senator from New sor of S. 1954, a bill to amend title At the request of Mr. TESTER, the Jersey (Mr. LAUTENBERG) were added as XVIII of the Social Security Act to im- name of the Senator from Illinois (Mr. cosponsors of S. 2753, a bill to protect prove access to pharmacies under part DURBIN) was added as a cosponsor of S. consumers, and especially young con- D. 2485, a bill to amend the Public Health sumers, from skyrocketing credit card S. 2059 Service Act to provide for the partici- debt, unfair credit card practices, and pation of physical therapists in the Na- At the request of Mrs. CLINTON, the deceptive credit offers. tional Health Service Corps Loan Re- names of the Senator from New Jersey S. 2760 payment Program, and for other pur- (Mr. LAUTENBERG) and the Senator At the request of Mr. LEAHY, the poses. from Massachusetts (Mr. KERRY) were names of the Senator from Maryland S. 2510 added as cosponsors of S. 2059, a bill to (Mr. CARDIN) and the Senator from At the request of Ms. LANDRIEU, the amend the Family and Medical Leave South Dakota (Mr. JOHNSON) were Act of 1993 to clarify the eligibility re- name of the Senator from South Da- added as cosponsors of S. 2760, a bill to kota (Mr. JOHNSON) was added as a co- quirements with respect to airline amend title 10, United States Code, to sponsor of S. 2510, a bill to amend the flight crews. enhance the national defense through Public Health Service Act to provide empowerment of the National Guard, S. 2160 revised standards for quality assurance enhancement of the functions of the At the request of Mr. AKAKA, the in screening and evaluation of National Guard Bureau, and improve- name of the Senator from Connecticut gynecologic cytology preparations, and ment of Federal-State military coordi- (Mr. LIEBERMAN) was added as a co- for other purposes. nation in domestic emergency re- sponsor of S. 2160, a bill to amend title S. 2512 sponse, and for other purposes. 38, United States Code, to establish a At the request of Mr. COCHRAN, the pain care initiative in health care fa- name of the Senator from Mississippi S. 2766 cilities of the Department of Veterans (Mr. WICKER) was added as a cosponsor At the request of Mr. NELSON of Flor- Affairs, and for other purposes. of S. 2512, a bill to establish the Mis- ida, the names of the Senator from S. 2209 sissippi Delta National Heritage Area Pennsylvania (Mr. SPECTER), the Sen- At the request of Mr. HATCH, the in the State of Mississippi, and for ator from Wisconsin (Mr. KOHL) and name of the Senator from Georgia (Mr. other purposes. the Senator from Mississippi (Mr. CHAMBLISS) was added as a cosponsor of S. 2533 WICKER) were added as cosponsors of S. S. 2209, a bill to amend the Internal At the request of Mr. KENNEDY, the 2766, a bill to amend the Federal Water Revenue Code of 1986 to provide incen- name of the Senator from Delaware Pollution Control Act to address cer- tives to improve America’s research (Mr. BIDEN) was added as a cosponsor of tain discharges incidental to the nor- competitiveness, and for other pur- S. 2533, a bill to enact a safe, fair, and mal operation of a recreational vessel. poses. responsible state secrets privilege Act. S. 2775 S. 2254 S. 2619 At the request of Mr. KERRY, the At the request of Mr. COCHRAN, the At the request of Mr. COBURN, the name of the Senator from New York name of the Senator from Mississippi name of the Senator from Alaska (Ms. (Mr. SCHUMER) was added as a cospon- (Mr. WICKER) was added as a cosponsor MURKOWSKI) was added as a cosponsor sor of S. 2775, a bill to amend the Inter- of S. 2254, a bill to establish the Mis- of S. 2619, a bill to protect innocent nal Revenue Code of 1986 and the Social sissippi Hills National Heritage Area in Americans from violent crime in na- Security Act to treat certain domesti- the State of Mississippi, and for other tional parks. cally controlled foreign persons per- purposes. S. 2666 forming services under contract with S. 2320 At the request of Ms. CANTWELL, the the United States Government as name of the Senator from New Jersey At the request of Mr. DURBIN, the American employers for purposes of (Mr. LAUTENBERG) was added as a co- name of the Senator from Maine (Ms. certain employment taxes and benefits. sponsor of S. 2666, a bill to amend the COLLINS) was added as a cosponsor of S. S. 2785 Internal Revenue Code of 1986 to en- 2320, a bill to amend title XVIII of the At the request of Ms. STABENOW, the courage investment in affordable hous- Social Security Act to provide contin- name of the Senator from Mississippi ing, and for other purposes. ued entitlement to coverage for im- (Mr. WICKER) was added as a cosponsor munosuppressive drugs furnished to S. 2689 of S. 2785, a bill to amend title XVIII of At the request of Mr. SMITH, the beneficiaries under the Medicare Pro- the Security Act to preserve access to names of the Senator from Georgia gram that have received a kidney physicians’ services under the Medi- (Mr. CHAMBLISS) and the Senator from transplant and whose entitlement to care program. Kansas (Mr. BROWNBACK) were added as coverage would otherwise expire, and cosponsors of S. 2689, a bill to amend S. 2799 for other purposes. section 411h of title 37, United States At the request of Mrs. MURRAY, the S. 2369 Code, to provide travel and transpor- name of the Senator from South Da- At the request of Mr. BAUCUS, the tation allowances for family members kota (Mr. JOHNSON) was added as a co- name of the Senator from Alaska (Ms. of members of the uniformed services sponsor of S. 2799, a bill to amend title MURKOWSKI) was added as a cosponsor with serious inpatient psychiatric con- 38, United States Code, to expand and of S. 2369, a bill to amend title 35, ditions. improve health care services available United States Code, to provide that S. 2702 to women veterans, especially those certain tax planning inventions are not At the request of Mr. SALAZAR, the serving in Operation Iraqi Freedom and patentable, and for other purposes. names of the Senator from Maryland Operation Enduring Freedom, from the S. 2420 (Ms. MIKULSKI) and the Senator from Department of Veterans Affairs, and At the request of Mr. SCHUMER, the New Mexico (Mr. BINGAMAN) were for other purposes. name of the Senator from Illinois (Mr. added as cosponsors of S. 2702, a bill to S. 2819 DURBIN) was added as a cosponsor of S. amend title XVIII of the Social Secu- At the request of Mr. ROCKEFELLER, 2420, a bill to encourage the donation of rity Act to improve access to, and in- the name of the Senator from Iowa excess food to nonprofit organizations crease utilization of, bone mass meas- (Mr. HARKIN) was added as a cosponsor that provide assistance to food-inse- urement benefits under the Medicare of S. 2819, a bill to preserve access to cure people in the United States in part B Program. Medicaid and the State Children’s contracts entered into by executive S. 2753 Health Insurance Program during an agencies for the provision, service, or At the request of Mr. MENENDEZ, the economic downturn, and for other pur- sale of food. names of the Senator from Virginia poses.

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00071 Fmt 0686 Sfmt 0634 E:\BR08\S24AP8.002 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6872 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 April 24, 2008 S. 2878 Fresh, the national association of fruit better than anyone how much money, At the request of Mr. CORNYN, the and vegetable growers and processors, time and other resources the Ash Borer name of the Senator from Wyoming and the U.S. Apple Association. has cost the States of Michigan, Illi- (Mr. ENZI) was added as a cosponsor of The bill has two main components. nois, Indiana, Ohio, and Pennsylvania. S. 2878, a bill to amend the Labor-Man- First, it requires the Administration to But that’s just one example. Orange agement Reporting and Disclosure Act send a report to Congress prior to the growers in Florida have spent the past of 1959 to provide for specified civil start of formal trade negotiations with decade fighting to contain and eradi- penalties for violations of that Act, a foreign nation detailing potential cate citrus canker, an invasive disease and for other purposes. invasive pests and disease that could that causes citrus trees to produce less S. 2895 pose a risk to U.S. agriculture. Fur- and less fruit until they prematurely At the request of Mr. DODD, the thermore, this report must identify die. And California and Texas have names of the Senator from Montana what additional agricultural inspectors dealt with expensive eradication pro- (Mr. TESTER) and the Senator from and other personnel are needed to pre- grams to deal with the Mediterranean New Jersey (Mr. LAUTENBERG) were vent these pests and diseases from fruit fly or ‘‘Med fly.’’ added as cosponsors of S. 2895, a bill to being brought into the United States. The list goes on and on. And there amend the Higher Education Act of Second, the bill requires the Admin- isn’t a single State that has not been 1965 to maintain eligibility, for Federal istration to disclose in the same report impacted by invasive pests or diseases. PLUS loans, of borrowers who are 90 or all sanitary and photosanitary, or SPS, So I hope that my colleagues will sup- more days delinquent on mortgage loan trade barriers that could unduly re- port the Agriculture Smart Trade Act, payments, or for whom foreclosure pro- strict export markets for American and help us make smart decisions that ceedings have been initiated, with re- commodities. What we’ve seen in the will protect our growers and our econ- spect to their primary residence. past is that a trading partner will raise omy while opening new export mar- SPS barriers to prevent American S. RES. 482 kets. Because that is what this bill is products from entering their country. about—smart trade. At the request of Mr. ENZI, the name Some of these SPS barriers are not of the Senator from Mississippi (Mr. Mr. President, I ask unanimous con- grounded in science are simply non-tar- COCHRAN) was added as a cosponsor of sent that the text of the bill be printed iff trade barriers. As the Administra- S. Res. 482, a resolution designating in the RECORD following my remarks. tion begins negotiations for a trade July 26, 2008, as ‘‘National Day of the There being no objection, the text of agreement, we all need to take a look American Cowboy’’. the bill was ordered to be printed in at what kinds of SPS issues we have the RECORD, as follows: S. RES. 515 with potential trading partners. Are S. 2906 At the request of Mr. WHITEHOUSE, their SPS concerns based in science? the name of the Senator from New We need to be sure that once an agree- Be it enacted by the Senate and House of Rep- York (Mr. SCHUMER) was added as a co- ment is in effect, we will have access to resentatives of the United States of America in Congress assembled, sponsor of S. Res. 515, a resolution those foreign markets as stipulated in SECTION 1. SHORT TITLE. commemorating the life and work of the trade agreement. Dith Pran. This Act may be cited as the ‘‘Agriculture I want to make clear that this bill Smart Trade Act’’. S. RES. 523 does not in any way limit the Presi- SEC. 2. DEFINITIONS. At the request of Mr. BIDEN, the dent’s authority to negotiate trade In this Act: names of the Senator from Ohio (Mr. agreements under Fast-Track, nor does (1) FREE TRADE AGREEMENT.—The term VOINOVICH) and the Senator from Or- it prevent trade legislation from being ‘‘free trade agreement’’ means a trade agree- egon (Mr. SMITH) were added as cospon- considered by the Congress. What this ment entered into with a foreign country sors of S. Res. 523, a resolution express- bill does is provide the Senate and the that provides for— ing the strong support of the Senate House of Representatives with a more (A) the reduction or elimination of duties, for the declaration of the North Atlan- complete picture of what potential import restrictions, or other barriers to or tic Treaty Organization at the Bucha- trade agreements involve beyond the distortions of trade between the United rest Summit that Ukraine and Georgia obvious import and export quotas. States and the foreign country; or (B) the prohibition of or limitation on the will become members of the alliance. Regardless of how any senator feels imposition of such barriers or distortions. f about the free trade agreements that (2) INVASIVE AGRICULTURAL PESTS AND DIS- we review and debate, I think all of my STATEMENTS ON INTRODUCED EASES.—The term ‘‘invasive agricultural colleagues will agree with me that in- pests and diseases’’ means agricultural pests BILLS AND JOINT RESOLUTIONS creased international trade means an and diseases, as determined by the Secretary By Mr. CASEY (for himself and increased risk of importing bugs and of Agriculture— Ms. STABENOW): diseases that have the potential to dev- (A) that are not native to ecosystems in S. 2906. A bill to require a report on astate our food sources, jeopardize the the United States; and invasive agricultural pests and diseases (B) the introduction of which causes or is livelihoods of our farmers, and cost our likely to cause economic or environmental and sanitary and phytosanitary bar- states a fortune. We need to acknowl- harm or harm to human health. riers to trade before initiating negotia- edge the risk and put in place the best (3) SANITARY AND PHYTOSANITARY MEAS- tions to enter into a free trade agree- safeguards we can to prevent the acci- URE.—The term ‘‘sanitary and phytosanitary ment, and for other purposes; to the dental introduction of these harmful measure’’ has the meaning given that term Committee on Finance. pests. in the Agreement on the Application of Sani- Mr. CASEY. Mr. President, I rise I am not merely speculating about tary and Phytosanitary Measures of the today to introduce the Agriculture the risk of invasive pests and disease. World Trade Organization referred to in sec- Smart Trade Act along with my col- It is a fact that all of our States are tion 101(d)(3) of the Uruguay Round Agree- ments Act (19 U.S.C. 3511(d)(3)). league Senator STABENOW. The goal of battling insects and crop diseases and SEC. 3. REQUIREMENT FOR REPORTS BEFORE this legislation is to ensure that, as we dreading the next outbreak. Most re- INITIATING NEGOTIATIONS TO consider the various free trade agree- cently in Pennsylvania we discovered ENTER INTO FREE TRADE AGREE- ments that come before the Senate, we that the western part of our state is in- MENTS. are taking a look at the big picture, in- fested with the Emerald Ash Borer, an (a) IN GENERAL.—Not later than 90 days be- cluding the increased risk of accidently invasive beetle that was accidently im- fore the date on which the President initi- importing invasive pests or diseases ported to the U.S. through Detroit via ates formal negotiations with a foreign coun- try to enter into a free trade agreement with and the ability for American agricul- wooden shipping pallets from China. that country, the President shall submit to tural producers to access new export This beetle is costing our commercial Congress a report on— markets once trade agreements are in nursery growers millions of dollars in (1) invasive agricultural pests or diseases effect. Our bill is supported by United lost stock. Senator STABENOW knows in that country; and

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00072 Fmt 0686 Sfmt 0634 E:\BR08\S24AP8.002 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 6873 (2) sanitary or phytosanitary measures im- ness failures—the likes of which this that an industry under siege on several posed by the government of that country on country has not seen since 2000. fronts receives what its purveyors are goods imported into that country. During the first quarter of 2008, near- rightfully entitled to—equitable treat- (b) CONTENTS OF REPORT.—The report re- ly one thousand motor carriers failed, quired under subsection (a) shall include the ment and a modicum of transparency. following: and they were not just trucking com- Is it too much to ask that they may see (1) INVASIVE AGRICULTURAL PESTS AND DIS- panies with two or three trucks, but for themselves in a transaction who, if EASES.—With respect to any invasive agri- the average number of vehicles num- anyone, is receiving a fuel surcharge, cultural pests or diseases in the country bered 45 trucks! As you can imagine, and how much is being paid out for the with which the President intends to nego- the financial impact is enormous, espe- cost of fuel? Is it too much to ask for tiate a free trade agreement— cially given that the Bureau of Trans- an assurance that, if the motor carrier (A) a list of all invasive agricultural pests portation Statistics projects freight to is willing to pay the high cost of fuel at and diseases in that country; grow by more than 70 percent by 2020. (B) a list of agricultural commodities pro- the pump while transporting goods duced in the United States that might be af- Forestalling action is not an option if across this nation, that carrier will be fected by the introduction of such pests or we are to sustain our trucking industry reimbursed? The answer to both ques- diseases into the United States; and which is an undeniable, economic life- tions is a resounding, ‘‘No!’’ The solu- (C) a plan for preventing the introduction line of this nation. tion to addressing this regrettable situ- into the United States of such pests and dis- That is why I have taken this oppor- ation is our common-sense legislation eases, including an estimate of— tunity to join with Senator BROWN in the consideration of which is long over- (i) the number of additional inspectors, of- introducing the Trust in Reliable Un- due. ficials, and other personnel necessary to pre- derstanding of Consumer Costs I urge all my colleagues who have vent such introduction and the ports of entry (TRUCC) Act which would provide our at which the additional inspectors, officials, small business motor carriers in their small business operators and carriers and other personnel will be needed; and state to consider seriously this issue with the long-denied fairness that is (ii) the total cost of preventing such intro- and lend their strong support to this owed to them. It is time that these duction. welcomed legislation. (2) SANITARY AND PHYTOSANITARY MEAS- hard-working men and women free URES.—With respect to sanitary or from stranglehold of unscrupulous bro- phytosanitary measures imposed by the gov- kers and middle-men who charge ship- By Ms. MURKOWSKI (for herself ernment of the country with which the pers for fuel costs, but refuse to pass on and Mrs. MURRAY): President intends to negotiate a free trade those costs to operators who actually S. 2911. A bill to improve vaccination agreement on goods imported into that coun- rates among children; to the Com- try— pay for the fuel. Our bill would provide (A) a list of any such sanitary and not only a clear line-item delineating mittee on Health, Education, Labor, phytosanitary measures that may affect the the fuel surcharge in the contracts pro- and Pensions. exportation of agricultural commodities vided to our small business carriers, Ms. MURKOWSKI. Mr. President, from the United States to that country; but also would guarantee that the enti- today, I join with my colleague Sen- (B) an assessment of the status of any peti- ty in the transaction—whether a ship- ator MURRAY in introducing legislation tions filed by the United States with the per, broker, or driver—who absorbs the that will help bolster childhood immu- government of that country requesting that consistently-rising cost of fuel will be- that country allow the importation into that nization in those parts of our country country of agricultural commodities pro- come the recipient of the fuel sur- where immunization rates are much duced in the United States; charge. too low. Since the beginning of the 20th (C) an estimate of the economic potential To our measure’s detractors who century, vaccines have completely for the exportation of agricultural commod- mischaracterize it, calling it among eradicated the once frequent killer ities produced in the United States to that other things—outrageous, I want to re- smallpox and almost eradicated polio. country if the free trade agreement enters mind them that our focus is on small Vaccines save lives, avert commu- into force; and business motor carriers which comprise (D) an assessment of the effect of sanitary nicable diseases and reduce health care more than 90 percent of the truck in- spending for preventable diseases. We and phytosanitary measures imposed or pro- dustry, and that these individuals con- posed to be imposed by the government of must continue in our efforts to achieve that country on the economic potential de- tinue to traverse the country, carrying childhood immunization rates of 90 per- scribed in subparagraph (C). consumer goods and propelling our cent by 2010 and with passage of this economy forward in the process. And bill, we can do just that. By Ms. SNOWE (for herself and they do so, despite the constant chal- Mr. BROWN): lenges that are part and parcel of this Vaccines are one of the most effec- S. 2910. A bill to require brokers to occupation . . . brokers who obfuscate tive tools for prevention of disease. Ac- disclose and pay independent truckers the amount or even existence of fuel cording to the Centers for Disease Con- for any fuel surcharges received from surcharges to the benefit of their own trol and Prevention, for every $1 spent shippers that relate to fuel costs paid coffers, the escalation of fuel prices, on vaccines, America saves $18.60 in for by the truckers; to the Committee maintenance costs for their vehicles, both medical costs and societal costs. on Commerce, Science, and Transpor- the long days or weeks of travel—sacri- But more important than the cost sav- tation. ficing time away from their families in ing is the weight and value we must Ms. SNOWE. Mr. President, I rise to order to make a living, feed their fami- place on ensuring that children are introduce legislation that I believe is lies, and finance the education of their fully vaccinated. We must not lose one vital to the survival and competitive- children. And so, Mr. President, I ask, more child to a vaccine preventable ness of our nation’s trucking industry. how can we afford to turn a blind eye disease. Childhood vaccines prevent For too long, our small business motor to the plight of these Americans whose over 10 million cases of infectious ill- freight carriers, who struggle every livelihood is so integral to commerce ness and nearly 34,000 childhood deaths day to make ends meet, have had their in the great country? Merely wishing in America every year. Clearly, vac- concerns ignored and neglected. Today, the problem away or simply keeping it cines are a tried and true way to not as the entire trucking industry faces out of sight and out of mind is neither only reduce health care costs, but also monumental economic challenges tenable nor acceptable. to keep our children healthy. spurred by skyrocketing, record-break- Make no mistake, not all brokers are The legislation Senator MURRAY and ing oil prices and exorbitant and vola- bad actors, nor are all small business I are introducing today authorizes tile fuel costs, not to mention a detri- operators being exploited. That is pre- funding for effective interventions rec- mental slow-down in the hiring of new cisely why the legislation Senator ommended by the Task Force on Com- drivers, our independent operators are BROWN and I are offering today does munity Preventive Services and helps having to contend with a devastating not place onerous burdens on the logis- to achieve childhood immunization economic downturn and enduring busi- tics industry. We merely seek to ensure rates of 90 percent by 2010. First, the

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00073 Fmt 0686 Sfmt 0634 E:\BR08\S24AP8.002 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6874 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 April 24, 2008 legislation authorizes additional fund- provement Act. I urge my colleagues to determine the name of the photog- ing for a demonstration program allow- cosponsor this legislation—because rapher. ing Women, Infant and Children clin- leaving a single child unprotected is What this bill does not do is create a ics, also known as ‘‘WIC’’ to play a one too many. ‘‘license to infringe.’’ In any of the greater role in childhood immuniza- above instances, if the users do not tions. This is achieved by recom- By Mr. LEAHY (for himself and conduct a good faith search for the mending vaccines to WIC recipients, Mr. HATCH): copyright owner, those users are in the coordinating care or immunization S. 2913. A bill to provide a limitation same boat they are in now when it services, or employing an immuniza- on judicial remedies in copyright in- comes to infringement. This bill does tion coordinator. More than 45 percent fringement cases involving orphan not change the basic premise of copy- of U.S. infants receive benefits through works; to the Committee on the Judici- right law: If you use the copyrighted WIC clinics. A 2002 study by the Na- ary. works of others, you must compensate tional Foundation for Infectious Dis- Mr. LEAHY. Mr. President, today, I them for it. As an avid photographer, I eases recommended coordinating gov- join once again with Senator HATCH to understand what it means to devote ernment benefits to keep children up- introduce a bill that will have a signifi- oneself to creative expression, and I ap- to-date with their immunizations and cant and positive impact on our cul- plaud anyone with the talent and com- noted that WIC programs have success- tural heritage. Hundreds of thousands mitment to make a living doing so. Or- fully accomplished this in numerous of so-called ‘‘orphan works’’—works phan works are too important to our communities. Our legislation would en- that may be protected by copyright, families, our communities, and our cul- hance such efforts and would even go a but whose owners cannot be identified ture to go left unseen and unused. step further to require that any grant- or located—are collecting dust. Despite I thank Senator HATCH for his help in ee using these funds have access to the tremendous interest in using these or- developing this legislation, and I look State Immunization Information Sys- phan works in new collections and new forward to working with him to ensure tem to better coordinate immunization creations, they often languish unseen, that this bill becomes law. I am espe- screenings and services. because those who would like to bring cially pleased to name this bill for Second, this legislation authorizes them to light, and to the attention of Shawn Bentley. Several years ago, additional funding for the Centers for the world, fear the prospect of prohibi- Shawn died, tragically young, but he Disease Control and Prevention to con- tively expensive statutory damages. In left behind a legacy of affection and re- duct public, age appropriate immuniza- other instances, the copyright in an or- gard for all of us who knew him. He tion awareness campaigns and immuni- phan work may have expired, but po- served Senator HATCH as a counsel for zation education and outreach activi- tential users lack the information to intellectual property, and it was he ties. Research shows that outreach, be certain of the propriety of going for- who first inspired this effort on orphan coupled with the coordination of im- ward with its use. works. Naming this bill for him is a munization and WIC clinics, can in- The Shawn Bentley Orphan Works testament to his dedication to the crease childhood immunization rates Act of 2008 will remedy this situation. issue, and his value to the Judiciary by of approximately 12 percent. It will help potential users of orphan Committee. Lastly, this legislation establishes a works find the owners of those works, I ask unanimous consent that the sense of the Senate concerning the im- and it will help the owners to receive full bill text be included in the RECORD. portance of electronic record coordina- compensation. The works will no There being no objection, the text of tion by both the Secretary of Health longer be orphans; their owners will the bill was ordered to be printed in and Human Services and the Director reap the financial benefits of their use, the RECORD, as follows: of the Centers for Disease Control and while the public reaps the creative ben- S. 2913 Prevention, CDC, and that these lead- efits. More creative works will be used, Be it enacted by the Senate and House of Rep- ers should work together to improve contributing to our cultural and artis- resentatives of the United States of America in Congress assembled, the integration of immunization infor- tic heritage, and more creators will re- SECTION 1. SHORT TITLE. mation systems with electronic med- ceive compensation for use of their This Act may be cited as the ‘‘Shawn Bent- ical records, health information sys- work. ley Orphan Works Act of 2008’’. tems, and health information ex- Our legislation permits the use of an SEC. 2. LIMITATION ON REMEDIES IN CASES IN- changes. orphan work only if the potential user VOLVING ORPHAN WORKS. Vaccine preventable diseases will performs and documents a good faith (a) LIMITATION ON REMEDIES.—Chapter 5 of continue to be a threat to our Nation’s search for the copyright owner. If users title 17, United States Code, is amended by most vulnerable population if we do cannot locate and contact copyright adding at the end the following: not ensure proper vaccination among owners, they may use the orphan work. ‘‘§ 514. Limitation on remedies in cases in- infants. Through this legislation, we But if copyright owners later make volving orphan works can work to achieve the Healthy Peo- themselves known, and if users have ‘‘(a) DEFINITIONS.—In this section, the fol- lowing definitions shall apply: ple 2010 objective of vaccinating 90 per- performed a search that qualifies under ‘‘(1) MATERIALS AND STANDARDS.—The term cent of all children by age two. To take this legislation, owners are entitled to ‘materials and standards’ includes— a quote from a former First Lady of reasonable compensation. The user will ‘‘(A) the records of the Copyright Office the United States and a cofounder of not be liable for full statutory damages that are relevant to identifying and locating the organization Every Child by Two in those circumstances, but if a user copyright owners; ‘‘No child in America should have to does not perform that good faith ‘‘(B) sources of copyright ownership infor- get sick from a vaccine preventable search, the user will face up to $150,000 mation reasonably available to users, includ- disease. It’s time for us to redouble ef- in statutory damages. ing private databases; ‘‘(C) industry practices and guidelines of forts to protect the 20 percent of pre- In practical terms, then, what does associations and organizations; schoolers who are routinely not being this mean? It means that a woman in ‘‘(D) technology tools and expert assist- immunized on time.’’ The Infant Im- Vermont can restore a wedding photo- ance, including resources for which a charge munization Improvement Act will be a graph of her grandparents, even if she or subscription fee is imposed, to the extent vital first step to increasing vaccina- cannot locate the photographer to get that the use of such resources is reasonable tion rates and will serve as an impor- permission to do so. It means that a li- for, and relevant to, the scope of the in- tant safeguard against the spread of brary can display letters of American tended use; and communicable diseases. I would like to soldiers wrote during World War II, ‘‘(E) electronic databases, including data- bases that are available to the public thank the Partnership for Prevention even if the library cannot contact the through the Internet, that allow for searches for their input on this legislation and soldiers or their descendents. It means of copyrighted works and for the copyright the 156 members of the 317 Coalition for that museums can exhibit Depression- owners of works, including through text, endorsing the Infant Immunization Im- era photographs, even if they cannot sound, and image recognition tools.

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00074 Fmt 0686 Sfmt 0634 E:\BR08\S24AP8.002 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 6875

‘‘(2) NOTICE OF CLAIM FOR INFRINGEMENT.— ‘‘(i) fails to negotiate reasonable com- ‘‘(ii) the infringement was primarily edu- The term ‘notice of the claim for infringe- pensation in good faith with the owner of the cational, religious, or charitable in nature; ment’ means, with respect to a claim for infringed copyright; or and copyright infringement, a written notice ‘‘(ii) fails to render payment of reasonable ‘‘(iii) after receiving notice of the claim for that includes at a minimum the following: compensation in a reasonably timely man- infringement, and after conducting an expe- ‘‘(A) The name of the owner of the in- ner. ditious good faith investigation of the claim, fringed copyright. ‘‘(2) REQUIREMENTS FOR SEARCHES.— the infringer promptly ceased the infringe- ‘‘(B) The title of the infringed work, any ‘‘(A) REQUIREMENTS FOR QUALIFYING ment. alternative titles of the infringed work SEARCHES.— ‘‘(C) EXCEPTION TO FURTHER LIMITATION.— known to the owner of the infringed copy- ‘‘(i) IN GENERAL.—For purposes of para- Notwithstanding the limitation established right, or if the work has no title, a descrip- graph (1)(A)(i)(I), a search is qualifying if the under subparagraph (B), if the owner of an tion in detail sufficient to identify it. infringer undertakes a diligent effort to lo- infringed copyright proves, and a court finds, ‘‘(C) An address and telephone number at cate the owner of the infringed copyright. that the infringer has earned proceeds di- which the owner of the infringed copyright ‘‘(ii) DETERMINATION OF DILIGENT EFFORT.— rectly attributable to the use of the in- may be contacted. In determining whether a search is diligent fringed work by the infringer, the portion of ‘‘(D) Information from which a reasonable under this subparagraph, a court shall con- such proceeds attributable to such infringe- person could conclude that the owner of the sider whether— ment may be awarded to the owner. infringed copyright’s claims of ownership ‘‘(I) the actions taken in performing that ‘‘(2) INJUNCTIVE RELIEF.— and infringement are valid. search are reasonable and appropriate under ‘‘(A) GENERAL RULE.—Subject to subpara- ‘‘(3) OWNER OF THE INFRINGED COPYRIGHT.— the facts relevant to that search, including graph (B), the court may impose injunctive The ‘owner of the infringed copyright’ is the whether the infringer took actions based on relief to prevent or restrain any infringe- legal owner of the exclusive right under sec- facts uncovered by the search itself; ment alleged in the civil action. tion 106, or any party with the authority to ‘‘(II) the infringer employed the applicable ‘‘(B) EXCEPTION.—In a case in which the in- grant or license such right, that is applicable best practices maintained by the Register of fringer has prepared or commenced prepara- to the infringement. Copyrights under subparagraph (B); and tion of a work that recasts, transforms, ‘‘(4) REASONABLE COMPENSATION.—The term ‘‘(III) the infringer performed the search adapts, or integrates the infringed work with ‘reasonable compensation’ means, with re- before using the work and at a time that was a significant amount of the infringer’s origi- spect to a claim for infringement, the reasonably proximate to the commencement nal expression, any injunctive relief ordered amount on which a willing buyer and willing of the infringement. by the court— seller in the positions of the infringer and ‘‘(iii) LACK OF IDENTIFYING INFORMATION.— ‘‘(i) may not restrain the infringer’s con- the owner of the infringed copyright would The fact that a particular copy or phono- tinued preparation or use of that new work; have agreed with respect to the infringing record lacks identifying information per- ‘‘(ii) shall require that the infringer pay use of the work immediately before the in- taining to the owner of the infringed copy- reasonable compensation to the legal or ben- fringement began. right is not sufficient to meet the conditions eficial owner of the exclusive right under the infringed copyright for the use of the in- ‘‘(b) CONDITIONS FOR ELIGIBILITY.— under paragraph (1)(A)(i)(I). fringed work; and ‘‘(1) CONDITIONS.— ‘‘(B) INFORMATION TO GUIDE SEARCHES; BEST ‘‘(iii) shall require that the infringer pro- ‘‘(A) IN GENERAL.—Notwithstanding sec- PRACTICES.— vide attribution, in a manner that is reason- tions 502 through 505, and subject to subpara- ‘‘(i) STATEMENTS OF BEST PRACTICES.—The able under the circumstances, to the owner graph (B), in a civil action brought under Register of Copyrights shall maintain and of the infringed copyright, if requested by this title for infringement of copyright in a make available to the public, including such owner. work, the remedies for infringement shall be through the Internet, current statements of ‘‘(C) LIMITATIONS.—The limitations on in- limited in accordance with subsection (c) if best practices for conducting and docu- junctive relief under subparagraphs (A) and the infringer— menting a search under this subsection. (B) shall not be available to an infringer if ‘‘(i) proves by a preponderance of the evi- ‘‘(ii) CONSIDERATION OF RELEVANT MATE- the infringer asserts in the civil action that RIALS AND STANDARDS.—In maintaining the dence that before the infringement began, neither the infringer or any representative of the infringer, a person acting on behalf of statements of best practices required under the infringer acting in an official capacity is the infringer, or any person jointly and sev- clause (i), the Register of Copyrights shall, subject to suit in the courts of the United erally liable with the infringer for the in- from time to time, consider materials and States for an award of damages to the legal fringement— standards that may be relevant to the re- or beneficial owner of the exclusive right ‘‘(I) performed and documented a quali- quirements for a qualifying search under under the infringed copyright under section fying search, in good faith, for the owner of subparagraph (A). 106, unless the court finds that the in- the infringed copyright; and ‘‘(3) PENALTY FOR FAILURE TO COMPLY.—If fringer— ‘‘(II) was unable to locate the owner of the an infringer fails to comply with any re- ‘‘(i) has complied with the requirements of infringed copyright; quirement under this subsection, the in- subsection (b); and ‘‘(ii) provided attribution, in a manner fringer is subject to all the remedies pro- ‘‘(ii) has made an enforceable promise to that is reasonable under the circumstances, vided in section 502 through 505, subject to pay reasonable compensation to the legal or to the owner of the infringed copyright, if section 412. beneficial owner of the exclusive right under such owner was known with a reasonable de- ‘‘(c) LIMITATIONS ON REMEDIES.—The limi- the infringed copyright. gree of certainty, based on information ob- tations on remedies in a civil action for in- ‘‘(D) RULE OF CONSTRUCTION.—Nothing in tained in performing the qualifying search; fringement of a copyright to which this sec- subparagraph (C) shall be construed to au- ‘‘(iii) included with the use of the infring- tion applies are the following: thorize or require, and no action taken under ing work a symbol or other notice of the use ‘‘(1) MONETARY RELIEF.— such subparagraph shall be deemed to con- of the infringing work, in a manner pre- ‘‘(A) GENERAL RULE.—Subject to subpara- stitute, either an award of damages by the scribed by the Register of Copyrights; graph (B), an award for monetary relief (in- court against the infringer or an authoriza- ‘‘(iv) asserts in the initial pleading to the cluding actual damages, statutory damages, tion to sue a State. civil action the right to claim such limita- costs, and attorney’s fees) may not be made ‘‘(E) RIGHTS AND PRIVILEGES NOT WAIVED.— tions; other than an order requiring the infringer No action taken by an infringer under sub- ‘‘(v) consents to the jurisdiction of United to pay reasonable compensation to the legal paragraph (C) shall be deemed to waive any States district court, or such court holds or beneficial owner of the exclusive right right or privilege that, as a matter of law, that the infringer is within the jurisdiction under the infringed copyright for the use of protects the infringer from being subject to of the court; and the infringed work. suit in the courts of the United States for an ‘‘(vi) at the time of making the initial dis- ‘‘(B) FURTHER LIMITATIONS.—An order re- award of damages to the legal or beneficial covery disclosures required under Rule 26 of quiring the infringer to pay reasonable com- owner of the exclusive right under the in- the Federal Rules of Civil Procedure, states pensation for the use of the infringed work fringed copyright under section 106. with particularity the basis for the right to may not be made under subparagraph (A) if ‘‘(d) PRESERVATION OF OTHER RIGHTS, LIMI- claim the limitations, including a detailed the infringer is a nonprofit educational insti- TATIONS, AND DEFENSES.—This section does description and documentation of the search tution, museum, library, or archives, or a not affect any right, limitation, or defense to undertaken in accordance with paragraph public broadcasting entity (as defined in sub- copyright infringement, including fair use, (2)(A). section (f) of section 118) and the infringer under this title. If another provision of this ‘‘(B) EXCEPTION.—Subparagraph (A) does proves by a preponderance of the evidence title provides for a statutory license that not apply if, after receiving notice of the that— would permit the infringement contemplated claim for infringement and having an oppor- ‘‘(i) the infringement was performed with- by the infringer if the owner of the infringed tunity to conduct an expeditious good faith out any purpose of direct or indirect com- copyright cannot be located, that provision investigation of the claim, the infringer— mercial advantage; applies instead of this section.

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00075 Fmt 0686 Sfmt 0634 E:\BR08\S24AP8.002 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6876 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 April 24, 2008 ‘‘(e) COPYRIGHT FOR DERIVATIVE WORKS AND (c) PUBLICATION IN FEDERAL REGISTER.— By Mr. STEVENS (for himself, COMPILATIONS.—Notwithstanding section The Register of Copyrights shall publish the Mr. INOUYE, Mr. SMITH, Mr. 103(a), an infringer who qualifies for the lim- effective date described in subsection (b)(1) DORGAN, Mr. THUNE, Mr. PRYOR, itation on remedies afforded by this section in the Federal Register, together with a no- with respect to the use of a copyrighted tice that the amendments made by section 2 and Ms. SNOWE): work shall not be denied copyright protec- take effect on that date with respect to pic- S. 2919. A bill to promote the accu- tion in a compilation or derivative work on torial, graphic, and sculptural works. rate transmission of network traffic the basis that such compilation or derivative (d) DEFINITION.—In this section, the term work employs preexisting material that has ‘‘pictorial, graphic, and sculptural works’’ identification information; to the Com- been used unlawfully under this section.’’. has the meaning given that term in section mittee on Commerce, Science, and (b) TECHNICAL AND CONFORMING AMEND- 101 of title 17, United States Code. Transportation. MENT.—The table of sections for chapter 5 of SEC. 5. REPORT TO CONGRESS. Mr. STEVENS. Mr. President, to help title 17, United States Code, is amended by Not later than December 12, 2014, the Reg- adding at the end the following: ister of Copyrights shall report to the Com- end the growing problem of phantom ‘‘514. Limitation on remedies in cases involv- mittee on the Judiciary of the Senate and traffic, today I introduce the ‘‘Sig- ing orphan works.’’. the Committee on the Judiciary of the House naling Modernization Act of 2008.’’ Sen- of Representatives on the implementation SEC. 3. DATABASE OF PICTORIAL, GRAPHIC, AND ators INOUYE, SMITH, DORGAN, THUNE, SCULPTURAL WORKS. and effects of the amendments made by sec- (a) ESTABLISHMENT OF DATABASE.— tion 2, including any recommendations for PRYOR, and SNOWE cosponsored this (1) IN GENERAL.—The Register of Copy- legislative changes that the Register con- bill. Phantom traffic is a phone call rights shall undertake a certification process siders appropriate. sent over the telephone network with- for the establishment of an electronic data- SEC. 6. STUDY ON REMEDIES FOR SMALL COPY- out the identifying information car- base that facilitates the search for pictorial, RIGHT CLAIMS. riers use to bill each other. graphic, and sculptural works that are sub- (a) IN GENERAL.—The Register of Copy- ject to copyright protection under title 17, rights shall conduct a study with respect to When I call home to Alaska, that call United States Code. remedies for copyright infringement claims is transmitted over several different (2) PROCESS AND STANDARDS FOR CERTIFI- by an individual copyright owner or a re- carriers. Phone companies charge each CATION.—The process and standards for cer- lated group of copyright owners seeking tification of the electronic database required small amounts of monetary relief, including other for the use of their networks. under paragraph (1) shall be established by consideration of alternative means of resolv- The funds generated by these charges the Register of Copyrights, except that cer- ing disputes currently heard in the United are particularly important to carriers tification may not be granted if the elec- States district courts. The study shall cover in Alaska and throughout rural Amer- tronic database does not contain— the infringement claims to which section 514 (A) the name of all authors of the work, if of title 17, United States Code, apply, and ica. Phantom traffic prevents carriers known, and contact information for any au- other infringement claims under such title from collecting the funds they are thor if the information is readily available; 17. owed, impacting universal service and (B) the name of the copyright owner if dif- (b) PROCEDURES.—The Register of Copy- raising rates for rural customers. ferent from the author, and contact informa- rights shall publish notice of the study re- tion of the copyright owner; quired under subsection (a), providing a pe- It’s time Congress pulled back the (C) the title of the copyrighted work, if riod during which interested persons may mask on phantom traffic to discover such work has a title; submit comments on the study, and an op- who or what is behind this problem (D) with respect to a copyrighted work portunity for interested persons to partici- that includes a visual image, a visual image pate in public roundtables on the study. The that has plagued carriers for several of the work, or, if such a visual image is not Register shall hold any such public years. The Federal Communications available, a description sufficient to identify roundtables at such times as the Register Commission is actively analyzing the the work; considers appropriate. issue, but it is time we find a solution. (E) one or more mechanisms that allow for (c) REPORT TO CONGRESS.—Not later than 2 the search and identification of a work by years after the date of the enactment of this Yesterday the Commerce Committee both text and image; and Act, the Register of Copyrights shall prepare heard from a member of the National (F) security measures that reasonably pro- and submit to the Committee on the Judici- Telecommunications Cooperative Asso- tect against unauthorized access to, or copy- ary of the Senate and the Committee on the ciation from rural Missouri. He told us ing of, the information and content of the Judiciary of the House of Representatives a electronic database. report on the study conducted under this that 11 percent of their traffic did not (b) PUBLIC AVAILABILITY.—The Register of section, including such administrative, regu- have sufficient information for billing, Copyrights— latory, or legislative recommendations that causing them to lose about $37 per line (1) shall make available to the public the Register considers appropriate. per year. This loss of revenue makes it through the Internet a list of all electronic SEC. 7. STUDY ON COPYRIGHT DEPOSITS. more difficult for rural carriers to de- databases that are certified in accordance (a) IN GENERAL.—The Comptroller General with this section; and of the United States shall conduct a study ploy broadband. (2) may include any database so certified examining the function of the deposit re- Our bill will require all calls from in a statement of best practices established quirement in the copyright registration sys- voice communications service pro- under section 514(b)(5)(B) of title 17, United tem under section 408 of title 17, United States Code. States Code, including— viders to contain enough information SEC. 4. EFFECTIVE DATE. (1) the historical purpose of the deposit re- to allow carriers to bill each other, in- (a) IN GENERAL.—With respect to works quirement; cluding voice over internet protocol other than pictorial, graphic, and sculptural (2) the degree to which deposits are made providers offering 2–way service and works, the amendments made by section 2 available to the public currently; shall apply to infringements that commence (3) the feasibility of making deposits, par- providers transiting the traffic between on or after January 1, 2009. ticularly visual arts deposits, electronically originating and terminating providers. (b) PICTORIAL, GRAPHIC, AND SCULPTURAL searchable by the public for the purpose of Our bill also directs the FCC to estab- WORKS.—With respect to pictorial, graphic, locating copyright owners; and lish rules implementing this require- and sculptural works, the amendments made (4) the impact any change in the deposit ment within 12 months of enactment, by section 2 shall— requirement would have on the collection of (1) take effect on the earlier of— the Library of Congress. and gives it the authority to adopt en- (A) the date on which the Copyright Office (b) REPORT.—Not later than 2 years after forcement provisions. Phantom traffic certifies under section 3 at least 2 separate the date of the enactment of this Act, the steals from rural carriers and cus- and independent searchable, comprehensive, Comptroller General shall submit to the tomers. I hope Congress and the FCC electronic databases, that allow for searches Committee on the Judiciary of the House of of copyrighted works that are pictorial, Representatives and the Committee on the will look at this issue closely and put graphic, and sculptural works, and are avail- Judiciary of the Senate a report on the study an end to phantom traffic. able to the public through the Internet; or conducted under this section, including such (B) January 1, 2011; and administrative, regulatory, or legislative (2) apply to infringing uses that commence recommendations that the Comptroller Gen- on or after that effective date. eral considers appropriate.

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00076 Fmt 0686 Sfmt 0634 E:\BR08\S24AP8.002 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 6877 SUBMITTED RESOLUTIONS (4) calls upon the people of the United SENATE RESOLUTION 532—RECOM- States to observe this week with appropriate MENDING THAT THE LANGSTON programs and activities. GOLF COURSE, LOCATED IN SENATE RESOLUTION 530—DESIG- NORTHEAST WASHINGTON, DC, NATING THE WEEK BEGINNING f AND OWNED BY THE NATIONAL OCTOBER 5, 2008, AS ‘‘NATIONAL PARK SERVICE, BE RECOGNIZED SUDDEN CARDIAC ARREST SENATE RESOLUTION 531—SUP- FOR ITS IMPORTANT LEGACY AWARENESS WEEK’’ PORTING THE GOALS AND AND CONTRIBUTIONS TO AFRI- Mr. DORGAN (for himself and Mr. IDEALS OF A NATIONAL CHILD CAN-AMERICAN GOLF HISTORY, CRAPO) submitted the following resolu- CARE WORTHY WAGE DAY AND FOR OTHER PURPOSES tion; which was referred to the Com- Mr. FEINGOLD submitted the fol- mittee on the Judiciary: Mr. MENENDEZ (for himself, Mr. lowing resolution; which was referred S. RES. 530 KENNEDY, Mr. FEINGOLD, Mrs. BOXER, to the Committee on Energy and Nat- Whereas sudden cardiac arrest is a leading Mr. LEVIN, Mr. DURBIN, Mr. INOUYE, Mr. ural Resources: cause of death in the United States; SANDERS, Mr. DODD, Mr. CASEY, Mr. S. RES. 532 Whereas sudden cardiac takes the lives of LAUTENBERG, Mr. AKAKA, and Mr. Whereas the Langston Golf Course was des- more than 250,000 people in the United States JOHNSON) submitted the following reso- ignated for construction by the Department each year, according to the Heart Rhythm of the Interior in the 1930s as a safe and ex- Society; lution; which was referred to the Com- panded recreational facility for the local and Whereas anyone can experience sudden car- mittee on the Judiciary: national African-American communities; diac arrest, including infants, high school S. RES. 531 Whereas Langston Golf Course was named athletes, and people in their 30s and 40s who for John Mercer Langston, the first African- Whereas approximately 63 percent of the have no sign of heart disease; American Representative elected to Con- Nation’s children under age 5 are in non- Whereas sudden cardiac arrest is extremely gress from the State of Virginia, and who deadly, with the National Heart, Lung, and parental care during part or all of the day also was a founder of the Howard University Blood Institute giving it a mortality rate of while their parents work; Law School; approximately 95 percent; Whereas the early care and education in- Whereas the Langston Golf Course is be- Whereas, to have a chance of surviving an dustry employs more than 2,300,000 workers; lieved to be the first regulation course in the attack, the American Heart Association Whereas the average salary of early care United States to be built almost entirely on states that victims of sudden cardiac arrest and education workers is $18,820 per year, a refuse landfill; must receive a lifesaving defibrillation with- and only 1⁄3 of these workers have health in- Whereas Langston Golf Course has been in the first 4 to 6 minutes of an attack; surance and even fewer have a pension plan; placed on the National Register of Historic Whereas, for every minute that passes Whereas the quality of early care and edu- Places, and the Capitol City Open golf tour- without a shock from an automated external cation programs is directly linked to the nament has made Langston Golf Course its defibrillator, the chance of survival de- quality of early childhood educators; home for the past 40 years; creases by approximately 10 percent; Whereas the turnover rate of early child- Whereas the first American-born golf pro- Whereas lifesaving treatments for sudden hood program staff is roughly 30 percent per fessional of African-American ancestry was cardiac arrest are effective if they can be ad- John Shippen, who was born circa 1878 in the ministered in time; year, and low wages and lack of benefits, among other factors, make it difficult to re- Anacostia area of Washington, placed 5th in Whereas, according to joint research by the second United States Open golf tour- tain high quality educators who have the the American College of Cardiology and the nament in 1896 at 16 years old, and helped consistent, caring relationships with young American Heart Association, implantable found the Capitol City Golf Club in 1925; cardioverter defibrillators are 98 percent ef- children that are important to the children’s Whereas the Capitol City Golf Club, even- fective at protecting those at risk for sudden development; tually renamed the Royal Golf Club and cardiac arrest; Whereas the compensation of early child- Wake Robin Women’s Club, has historically Whereas, according to the American Heart hood program staff should be commensurate promoted a safe golf facility for African- Association, cardiopulmonary resuscitation with the importance of the job of helping the Americans in Washington, especially during and early defibrillation with an automated young children of the Nation develop their an era when few facilities were available, external defibrillator more than double a social, emotional, physical, and cognitive and these 2 clubs remain the oldest African victim’s chances of survival; skills and helping them to be ready for American golf clubs in the United States; Whereas the Yale-New Haven Hospital and school; Whereas the Langston facility continues to the New England Journal of Medicine state Whereas providing adequate compensation provide important recreational outlets, in- that women and African Americans are at a to early childhood program staff should be a structional forums, and a ‘‘safe haven cen- higher risk than the general population of priority, and resources can be allocated to ter’’ for the enhancement of the lives of the dying as a result of sudden cardiac arrest, improve the compensation of early childhood city of Washington’s inner city youth; yet this fact is not well known to those at educators to ensure that quality care and Whereas the Langston Golf Course and re- risk; education are accessible for all families; lated recreational facilities provide a home Whereas there is a need for comprehensive for the Nation’s important minority youth Whereas additional training and education educational efforts designed to increase ‘‘First Tee’’ golf instruction and recreational for the early care and education workforce is awareness of sudden cardiac arrest and re- program in Washington; lated therapies among medical professionals critical to ensuring high-quality early learn- Whereas Langston Golf Course’s operations and the greater public in order to promote ing environments; and its related facilities seek to increase early detection and proper treatment of this Whereas child care workers should receive course-based educational opportunities disease and to improve quality of life; and compensation commensurate with their under the auspices of the National Park Whereas early October is an appropriate training and experience; and Service for persons under 18 years of age, time to observe National Sudden Cardiac Whereas the Center for the Child Care particularly those from populations of the Awareness Week: Now, therefore, be it Workforce, a project of the American Fed- inner-city and historically under-represented Resolved, That the Senate— eration of Teachers Educational Foundation, among visitors to units of the National Park (1) designates the week beginning October with support from the National Association System; 5, 2008, as ‘‘National Sudden Cardiac Arrest for the Education of Young Children and Whereas the preservation and ecologically Awareness Week’’; other early childhood organizations, recog- balanced enhancements via future public and (2) supports— nizes May 1 as National Child Care Worthy private funding for the lands making up the (A) the goals and ideals of National Sudden Wage Day: Now, therefore, be it 212 acres of the Langston Golf Course will Cardiac Arrest Awareness Week; and contribute a positive benefit to the National (B) efforts to educate people about sudden Resolved, That the Senate— Park System’s Environmental Leadership cardiac arrest and to raise awareness about (1) designates May 1, 2008, as National projects program, the Anacostia River Wa- the risk of sudden cardiac arrest, identifying Child Care Worthy Wage Day; and tershed, the city of Washington, and the en- warning signs, and the need to seek medical (2) calls on the people of the United States tire metropolitan area; attention in a timely manner; to observe National Child Care Worthy Wage Whereas Federal funds for enhancements (3) acknowledges the critical importance of Day by honoring early childhood care and to the Langston course have perennially sudden cardiac arrest awareness to improv- education staff and programs in their com- been promised but rarely provided, even ing national cardiovascular health; and munities. after the designation of Langston Golf

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00077 Fmt 0686 Sfmt 0634 E:\BR08\S24AP8.002 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6878 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 April 24, 2008 Course as a ‘‘Legacy Project for the 21st Cen- election,’’ and accused him of trying ‘‘to and active role in resolving the crisis peace- tury’’, and after significant private funding steal the election’’; fully and in a manner that respects the will and contributions were committed and pro- Whereas, the Government of Zimbabwe has of the people of Zimbabwe; vided; and arrested numerous members of the media (6) that the United Nations Security Coun- Whereas the Langston Golf Course and re- and election officials, and over 1,000 cil should be seized of the issue of Zimbabwe, lated recreational facilities have tradition- Zimbabweans have reportedly been fleeing support efforts to bring about a peaceful res- ally provided additional quality of life value into South Africa every day, while forces olution of the crisis that respects the will of to all residents of Washington, DC, and will loyal to the government have engaged in a the people of Zimbabwe, and impose an do more so once upgraded to meet its obvi- brutal and systematic effort to intimidate international arms embargo on Zimbabwe ous athletic and historical promise: Now, voters; until a legitimate democratic government therefore, be it Whereas, on April 20, 2008, the MDC re- has taken power; Resolved, That it is the sense of the Senate leased a detailed report showing that more (7) that the United States Government and that— than 400 of its supporters had been arrested, the international community should impose (1) Langston Golf Course, its general man- 500 had been attacked, 10 had been killed, targeted sanctions against additional indi- agement, and the Royal Golf and Wake and 3,000 families had been displaced, and viduals in the Government of Zimbabwe and Robin Golf Clubs are to be commended for Human Rights Watch reported on April 19, state security services and militias in their historical and ongoing contributions to 2008, that ZANU–PF is operating ‘‘torture Zimbabwe who are responsible for human the local community and the Nation; camps’’ where opposition supporters are rights abuses and interference in the legiti- (2) the Director of the National Park Serv- being beaten; mate conduct of the elections in Zimbabwe; ice and the Secretary of the Interior should Whereas United States Ambassador to the and give appropriate consideration to the future United Nations Zalmay Khalilzad stated on (8) that the United States Government and budget needs of this important park in the April 16, 2008, that he was ‘‘gravely con- the international community should work National Park System; and cerned about the escalating politically moti- together to prepare a comprehensive eco- (3) the Secretary of the Senate should vated violence perpetrated by security forces nomic and political recovery package for transmit an enrolled copy of this resolution and ruling party militias’’; Zimbabwe in the event that a genuinely to the general manager of the Langston Golf Whereas, while there is currently no inter- democratic government is formed and com- Course. national embargo on arms transfers to mits to implementing key constitutional, Zimbabwe, a Chinese ship carrying weapons economic, and political reforms. f destined for Zimbabwe was recently pre- f SENATE RESOLUTION 533—EX- vented from unloading its cargo in Durban, PRESSING THE SENSE OF THE South Africa, and has been denied access to AMENDMENTS SUBMITTED AND other ports in the region due to concerns PROPOSED SENATE REGARDING THE POLIT- that the weapons could further destabilize ICAL SITUATION IN ZIMBABWE the situation in Zimbabwe; SA 4576. Mr. AKAKA (for himself and Mr. BURR) proposed an amendment to the bill S. Mr. KERRY (for himself, Mr. COLE- Whereas Secretary of State Condoleezza Rice stated on April 17, 2008, that President 1315, to amend title 38, United States Code, MAN, Mr. FEINGOLD, Mr. DURBIN, Mr. Mugabe has ‘‘done more harm to his country to enhance veterans’ insurance and housing DODD, Mr. OBAMA, and Mr. ISAKSON) than would have been imaginable . . . the benefits, to improve benefits and services for submitted the following resolution; last years have been really an abomination transitioning servicemembers, and for other which was referred to the Committee . . .’’ and called for the AU and SADC to play purposes. on Foreign Relations: a greater role in resolving the crisis; SA 4577. Mr. WYDEN (for himself, Mr. BEN- NETT, Mr. GRASSLEY, and Ms. STABENOW) sub- S. RES. 533 Whereas, the Department of State’s 2007 Country Report on Human Rights Practices mitted an amendment intended to be pro- Whereas, on March 29, 2008, parliamentary stated that, in Zimbabwe, ‘‘the ruling par- posed by him to the bill S. 334, to provide af- and presidential elections were held in ty’s dominant control and manipulation of fordable, guaranteed private health coverage Zimbabwe amid widespread reports of voting the political process through intimidation that will make Americans healthier and can irregularities in favor of the ruling and corruption effectively negated the right never be taken away; which was referred to Zimbabwe African National Union-Patriotic of citizens to change their government. Un- the Committee on Finance. Front (ZANU–PF) party and President Rob- lawful killings and politically motivated ab- f ert Mugabe, including, according to the De- ductions occurred. State sanctioned use of TEXT OF AMENDMENTS partment of State, ‘‘production of far more excessive force increased, and security forces ballots than there were registered vot- tortured members of the opposition, student SA 4576. Mr. AKAKA (for himself and ers. . .[and] the allowance of police in polling leaders, and civil society activists’’; and Mr. BURR) proposed an amendment to places’’; Whereas annual inflation in Zimbabwe is the bill S. 1315, to amend title 38, Whereas official results showed that the reportedly running over 150,000 percent, un- United States Code, to enhance vet- opposition Movement for Democratic Change employment stands at over 80 percent, hun- (MDC) won a majority of seats in the par- erans’ insurance and housing benefits, ger affects over 4,000,000 people, and an esti- to improve benefits and services for liamentary elections, and independent mon- mated 3,500 people die each week from hun- itors concluded based on initially posted re- ger, disease, and other causes related to ex- transitioning servicemembers, and for sults that MDC leader Morgan Tsvangirai re- tremely poor living conditions: Now, there- other purposes; as follows: ceived substantially more votes than Presi- fore, be it On page 12, beginning on line 8, strike dent Mugabe in the presidential election; Resolved, That it is the sense of the Sen- ‘‘June 1, 2008’’ and insert ‘‘April 1, 2009’’. Whereas, as of April 24, 2008, the Zimbabwe ate— On page 13, line 17, strike ‘‘January 1, 2008’’ Electoral Commission has still not released (1) to support the people of Zimbabwe, who and insert ‘‘January 1, 2009’’. the results of the presidential election, de- have been subjected to incredible hardships, On page 14, line 9, strike ‘‘January 1, 2008’’ spite calls to do so by the African Union including violence, political repression, and and insert ‘‘January 1, 2009’’ (AU), the European Union, the Government severe economic deprivation, in their aspira- On page 29, line 7, strike ‘‘October 1, 2007’’ of South Africa, the Southern African Devel- tions for a free, democratic, and more pros- and insert ‘‘October 1, 2008’’. opment Community (SADC), United Nations perous future; On page 29, line 12, strike ‘‘December 31, Secretary-General Ban Ki Moon, and the (2) to call for an immediate cessation of 2008’’ and insert ‘‘December 31, 2009’’. United States; politically motivated violence, detentions, On page 30, line 19, strike ‘‘December 31, Whereas, on April 19, 2008, the Zimbabwe and efforts to intimidate the people of 2008’’ and insert ‘‘December 31, 2009’’. On page 35, line 22, add after the period the Electoral Commission officially commenced Zimbabwe perpetrated by Zimbabwe’s secu- following: ‘‘The amendment made by the pre- recounting ballots cast in 23 parliamentary rity forces and militias loyal to ZANU–PF; ceding sentence shall take effect on October constituencies, primarily in districts that (3) that the Zimbabwe Electoral Commis- 1, 2008, and shall expire on January 1, 2010.’’. did not support candidates affiliated with sion should immediately release the legiti- On page 38, beginning on line 21, strike ZANU–PF; mate results of the presidential election and ‘‘the date of the enactment of this Act’’ and Whereas, on April 21, 2008, British Foreign ratify the previously announced results of insert ‘‘April 1, 2009’’. Secretary David Miliband stated that the on- the parliamentary elections; On page 41, line 16, strike ‘‘May 1, 2008’’ going recount was potentially a ‘‘charade of (4) that President Robert Mugabe should and insert ‘‘April 1, 2009’’. democracy’’ that ‘‘only serves to fuel sus- accept the will of the people of Zimbabwe in On page 41, line 18, strike ‘‘May 1, 2008’’ picion that President Mugabe is seeking to order to effect a timely and peaceful transi- and insert ‘‘April 1, 2009’’. reverse the results that have been published, tion to genuine democratic rule; On page 41, line 24, strike ‘‘the date of the to regain a majority in parliament, and to (5) that regional organizations, including enactment of this Act’’ and insert ‘‘April 1, amplify his own count in the presidential SADC and the AU, should play a sustained 2009’’.

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00078 Fmt 0686 Sfmt 0634 E:\BR08\S24AP8.002 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 6879 On page 42, line 1, strike ‘‘the date of the who has less than 10 employees.’’ after The PRESIDING OFFICER. Without enactment of this Act’’ and insert ‘‘that ‘‘when paid.’’. objection, it is so ordered. date’’. On page 117, line 9, insert ‘‘(except for em- COMMITTEE ON FOREIGN RELATIONS On page 59, line 17, strike ‘‘October 1, 2007’’ ployer-sponsored health coverage plans de- and insert ‘‘October 1, 2008’’. scribed under section 103 offered by employ- Mr. AKAKA. Mr. President, I ask On page 62, line 22, strike ‘‘October 1, 2007’’ ers)’’ after ‘‘HHA’’. unanimous consent that the Com- and insert ‘‘October 1, 2008’’. On page 117, between lines 15 and 16, insert mittee on Foreign Relations be author- On page 67, line 23, strike ‘‘October 1, 2007’’ the following: ized to meet during the session of the and insert ‘‘October 1, 2008’’. (4) make risk-adjusted payments to all Senate on Thursday, April 24, 2008, at On page 71, beginning on line 9, strike ‘‘Oc- health insurance issuers and employers offer- 9:30 a.m. to hold a hearing on imple- tober 1, 2007, and ending on September 30, ing a HAPI plan in such State to account for menting smart power: setting an agen- 2011’’ and insert ‘‘October 1, 2008, and ending the specific population covered by the plan, da for national security reform. on September 30, 2012’’. in accordance with guidelines established by The PRESIDING OFFICER. Without the Secretary; On page 71, line 23, strike ‘‘March 31, 2011’’ objection, it is so ordered. and insert ‘‘March 31, 2012’’. f On page 72, line 3, strike ‘‘September 30, COMMITTEE ON FOREIGN RELATIONS 2011’’ and insert ‘‘September 30, 2012’’. AUTHORITY FOR COMMITTEES TO Mr. AKAKA. Mr. President, I ask On page 72, line 14, strike ‘‘fiscal years 2008 MEET unanimous consent that the Com- through 2011’’ and inserting ‘‘fiscal years 2009 COMMITTEE ON ARMED SERVICES mittee on Foreign Relations be author- through 2012’’. ized to meet during the session of the On page 73, line 4, strike ‘‘fiscal year 2011’’ Mr. AKAKA. Mr. President, I ask unanimous consent that the Com- Senate on Thursday, April 24, 2008, at 2 and insert ‘‘fiscal year 2012’’. p.m. to hold a hearing on international On page 75, beginning on line 22, strike mittee on Armed Services be author- ized to meet during the session of the debt relief. ‘‘December 31, 2010’’ and insert ‘‘December The PRESIDING OFFICER. Without 31, 2011’’. Senate on Thursday, April 24, 2008, at objection, it is so ordered. 9:30 a.m., in closed session to receive a COMMITTEE ON FOREIGN RELATIONS SA 4577. Mr. WYDEN (for himself, briefing on a sensitive intelligence Mr. AKAKA. Mr. President, I ask Mr. BENNETT, Mr. GRASSLEY, and Ms. matter. STABENOW) submitted an amendment The PRESIDING OFFICER. Without unanimous consent that the Com- intended to be proposed by him to the objection, it is so ordered. mittee on Foreign Relations be author- ized to meet during the session of the bill S. 334, to provide affordable, guar- COMMITTEE ON BANKING, HOUSING, AND URBAN Senate on Thursday, April 24, 2008, at anteed private health coverage that AFFAIRS will make Americans healthier and can Mr. AKAKA. Mr. President, I ask 4:45 p.m. to hold a briefing on a classi- fied matter. never be taken away; which was re- unanimous consent that the Com- ferred to the Committee on Finance; as The PRESIDING OFFICER. Without mittee on Banking, Housing, and objection, it is so ordered. follows: Urban Affairs be authorized to meet COMMITTEE ON HEALTH, EDUCATION, LABOR, On page 7, line 18, strike the period and in- during the session of the Senate on AND PENSIONS sert the following: ‘‘or an employer-spon- April 24, 2008, at 10 a.m., to conduct a sored health coverage plan described under Mr. AKAKA. Mr. President, I ask committee hearing entitled ‘‘Turmoil unanimous consent that the Com- section 103 offered by an employer.’’. in U.S. Credit Markets: Examining the On page 11, beginning on line 3, strike ‘‘of- mittee on Health, Education, Labor, fered through the HHA of the adult individ- U.S. Regulatory Framework Assessing and Pensions be authorized to meet, ual’s State of residence’’. Sovereign Investments.’’ during the session of the Senate, in On page 12, beginning on line 4, strike ‘‘of- The PRESIDING OFFICER. Without order to conduct a hearing entitled fered through the HHA of the adult individ- objection, it is so ordered. ‘‘Restoring FDA’s Ability to Keep ual’s State of residence’’. COMMITTEE ON COMMERCE, SCIENCE, AND America’s Families Safe’’ on Thursday, On page 16, between lines 3 and 4, insert TRANSPORTATION April 24, 2008. The hearing will com- the following: Mr. AKAKA. Mr. President, I ask mence at 9:30 a.m. in Room 106 of the SEC. 103. HEALTH COVERAGE PLANS OFFERED unanimous consent that the Com- Dirksen Senate Office Building. BY EMPLOYERS. mittee on Commerce, Science, and (a) PLAN REQUIREMENTS.— The PRESIDING OFFICER. Without Transportation be authorized to hold (1) IN GENERAL.—A health coverage plan de- objection, it is so ordered. scribed in section 105(h)(6) of the Internal an Executive Session during the ses- COMMITTEE ON INDIAN AFFAIRS Revenue Code of 1986 (relating to self-insured sion of the Senate on Thursday, April Mr. AKAKA. Mr. President, I ask plans) that is offered by an employer shall be 24, 2008, at 10:30 a.m., in Room 253 of unanimous consent that the Com- subject to— the Russell Senate Office Building. mittee on Indian Affairs be authorized (A) the requirements of subtitle B (except The PRESIDING OFFICER. Without to meet on Thursday, April 24, at 9 a.m. for subsections (a), (d)(2), and (d)(4) of sec- objection, it is so ordered. in Room 562 of the Dirksen Senate Of- tion 111); and COMMITTEE ON COMMERCE, SCIENCE, AND (B) a risk-adjustment mechanism used to fice Building to conduct a business TRANSPORTATION meeting on pending issues to be fol- spread risk across all health plans. Mr. AKAKA. Mr. President, I ask (2) OTHER PLANS.—A health coverage plan lowed immediately by an oversight that is not described in section 105(h)(6) of unanimous consent that the Com- hearing on ‘‘Recommendations for Im- the Internal Revenue Code of 1986 that is of- mittee on Commerce, Science, and proving the Federal Acknowledgment fered by an employer shall be subject to the Transportation be authorized to hold Process.’’ requirements of subtitle B (except for sub- an Executive Session during the ses- The PRESIDING OFFICER. Without section (a) of section 111). sion of the Senate on Thursday, April objection, it is so ordered. (b) DISTRIBUTION OF INFORMATION.—Em- 24, 2008, at 2:30 p.m., in Room 253 of the COMMITTEE ON THE JUDICIARY ployers that offer an employer-sponsored Russell Senate Office Building. Mr. AKAKA. Mr. President, I ask health coverage plan shall distribute to em- The PRESIDING OFFICER. Without ployees standardized, unbiased information unanimous consent that the Senate on HAPI plans and supplemental health in- objection, it is so ordered. Committee on the Judiciary be author- surance options provided by the State HHA COMMITTEE ON FINANCE ized to meet during the session of the under section 502(b). Mr. AKAKA. Mr. President, I ask Senate, to conduct an executive busi- (c) PLANS OFFERED THROUGH EMPLOYERS.— unanimous consent that the Com- ness meeting on Thursday, April 24, An employer-sponsored health coverage plan mittee on Finance be authorized to 2008, at 10 a.m. in Room SD–226 of the shall be offered by an employer and not meet during the session of the Senate Dirksen Senate Office Building. through the applicable State HHA. on Thursday, April 24, 2008, at 10 a.m., The PRESIDING OFFICER. Without On page 22, on line 13, insert ‘‘(including a risk-adjustment mechanism)’’ after ‘‘rating in Room 215 of the Dirksen Senate Of- objection, it is so ordered. principals’’. fice Building, to hear testimony on SELECT COMMITTEE ON INTELLIGENCE On page 102, line 19, insert ‘‘The preceding ‘‘Tax Aspects of a Cap-and-Trade Sys- Mr. AKAKA. Mr. President, I ask sentence shall not apply to any employer tem.’’ unanimous consent that the Select

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00079 Fmt 0686 Sfmt 0634 E:\BR08\S24AP8.002 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6880 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 April 24, 2008 Committee on Intelligence be author- granted the privilege of the floor for charged from consideration of H.R. ized to meet during the session of the the duration of today’s session. 4286. Senate on April 24, 2008, at 2:30 p.m. to The ACTING PRESIDENT pro tem- The PRESIDING OFFICER. Without hold a closed hearing. pore. Without objection, it is so or- objection, it is so ordered. The PRESIDING OFFICER. Without dered. The clerk will report the bill by title. objection, it is so ordered. Mr. KENNEDY. Mr. President, on be- The legislative clerk read as follows: SUBCOMMITTEE ON FEDERAL FINANCIAL MAN- half of Senator DODD, I ask unanimous A bill (H.R. 4286) to award the Congres- AGEMENT, GOVERNMENT INFORMATION, FED- consent that Pam Bradley, a fellow in sional Gold Medal to Daw Aung San Suu Kyi ERAL SERVICES, AND INTERNATIONAL SECU- Senator DODD’s office, be granted floor in recognition of her courageous and unwav- RITY privileges for the duration of consider- ering commitment to peace, nonviolence, Mr. AKAKA. Mr. President, I ask ation of the Genetic Information Non- human rights and democracy in Burma. unanimous consent that the Com- discrimination Act. There being no objection, the Senate mittee on Homeland Security and Gov- The PRESIDING OFFICER. Without proceeded to consider the bill. ernmental Affairs’ Subcommittee on objection, it is so ordered. Mr. MCCONNELL. Mr. President, I Federal Financial Management, Gov- f rise today to note Senate passage of ernment Information, Federal Serv- H.R. 4286, legislation that would award FAA REAUTHORIZATION ACT OF ices, and International Security be au- the Congressional Gold Medal to the 2007—MOTION TO PROCEED thorized to meet during the session of jailed prodemocracy leader and Nobel the Senate on Thursday, April 24, 2008, CLOTURE MOTION Peace Prize Laureate Aung San Suu at 9:30 a.m. in order to conduct a hear- Mr. REID. Mr. President, I move to Kyi. The bill now goes to the President ing entitled, ‘‘Addressing Iran’s Nu- proceed to Calendar No. 383, H.R. 2881, for his signature. clear Ambitions.’’ the FAA Reauthorization Act of 2007, I am pleased to report that this legis- The PRESIDING OFFICER. Without and I send a cloture motion to the lation has enjoyed broad bipartisan objection, it is so ordered. desk. support. Once again I am joined in this SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT The PRESIDING OFFICER. The clo- effort by my friend, the senior Senator MANAGEMENT, THE FEDERAL WORKFORCE, ture motion having been presented from California. Senator FEINSTEIN and AND THE DISTRICT OF COLUMBIA under rule XXII, the Chair directs the I introduced this legislation and it has Mr. AKAKA. Mr. President, I ask clerk to read the motion. 76 cosponsors. In this regard, I would unanimous consent that the Com- The legislative clerk read as follows: like to thank Rich Harper of Senator mittee on Homeland Security and Gov- CLOTURE MOTION FEINSTEIN’s staff and Lucy Bean of my ernmental Affairs’ Subcommittee on We, the undersigned Senators, in accord- staff for their work on the bill. Oversight of Government Management, ance with the provisions of rule XXII of the When first established in 1776, the the Federal Workforce, and the Dis- Standing Rules of the Senate, do hereby Congressional Gold Medal was given to trict of Columbia be authorized to move to bring to a close the debate on the military leaders for their achievements motion to proceed to Calendar No. 383, H.R. meet during the session of the Senate 2881, the FAA reauthorization bill: in battle. Since that time, it has be- on Thursday, April 24, 2008, at 2 p.m. in Harry Reid, Daniel K. Inouye, Barbara come America’s highest civilian honor, order to conduct a hearing entitled, Boxer, Patty Murray, Byron L. Dorgan, having been bestowed upon great ‘‘Beyond Control: Reforming Export Edward M. Kennedy, Christopher J. friends of freedom such as Winston Licensing Agencies for National Secu- Dodd, Daniel K. Akaka, Benjamin L. Churchill, Nelson Mandela and Martin rity and Economic Interests.’’ Cardin, Patrick J. Leahy, Bernard Luther King, Jr. Granting Suu Kyi the The PRESIDING OFFICER. Without Sanders, Sherrod Brown, Amy Gold Medal would continue that same objection, it is so ordered. Klobuchar, Richard Durbin, Ken tradition of honoring heroism in the Salazar, Sheldon Whitehouse, Max SUBCOMMITTEE ON ANTITRUST, COMPETITION Baucus. defense of liberty. POLICY AND CONSUMER RIGHTS For more than 20 years, Suu Kyi’s Mr. REID. Mr. President, I ask unan- Mr. AKAKA. Mr. President, I ask support for justice and democracy has imous consent that on Monday, April unanimous consent that the Senate placed her at odds with the tyranny 28, the Senate resume consideration of Committee on the Judiciary, Sub- and oppression of the Burmese junta, the motion to invoke cloture at 4:30, committee on Antitrust, Competition the State Peace and Development with the time until 5:30 equally divided Policy and Consumer Rights, be au- Council, SPDC. She and her supporters and controlled between the two leaders thorized to meet during the session of have combated the brutality of the or their designees; and that at 5:30 the the Senate, in order to conduct a hear- junta with peaceful protest and resist- Senate proceed to vote on the motion ing entitled ‘‘An Examination of the ance. She has chosen dignity as her to invoke cloture on the motion to pro- Delta-Northwest Merger’’ on Thursday, weapon, and she has found allies ceed to H.R. 2881, with the mandatory April 24, 2008, at 2 p.m., in Room SD–226 around the world to aid her in her quorum call being waived. struggle. of the Dirksen Senate Office Building. The PRESIDING OFFICER. Without Despite the efforts of Suu Kyi and The witness list is not yet available. objection, it is so ordered. The PRESIDING OFFICER. Without her allies, the SPDC will soon place a objection, it is so ordered. f sham constitution before the people of SUBCOMMITTEE ON WATER AND POWER AUTHORITY TO SIGN ENROLLED Burma for an up-or-down vote. This Mr. AKAKA. Mr. President, I ask BILLS might sound democratic, but no one is unanimous consent that the Sub- Mr. REID. I ask unanimous consent fooled. This proposed constitution in- committee on Water and Power be au- the majority leader be authorized to cludes language that would forbid Suu thorized to meet during the session of sign duly enrolled bills and joint reso- Kyi from holding public office. Criti- the Senate in order to conduct a hear- lutions through the recess or adjourn- cism of the document is a criminal of- ing on Thursday, April 24, 2008, at 2:15 ment of the Senate until Monday, April fense. The true intent behind the pro- p.m., in Room SD–366 of the Dirksen 28, of this year. posed constitution is not the expansion Senate Office Building. The PRESIDING OFFICER. Without of democratic principles. Its true pur- The PRESIDING OFFICER. Without objection, it is so ordered. pose is to legitimize and make perma- objection, it is so ordered. f nent the military junta and its brutal f tyranny. AWARDING THE CONGRESSIONAL By awarding Suu Kyi the Congres- PRIVILEGES OF THE FLOOR GOLD MEDAL TO DAW AUNG SAN sional Gold Medal, we in Congress are Mr. HARKIN. Mr. President, I ask SUU KYI letting the world know that the Amer- unanimous consent that Jeryle Greene Mr. REID. I ask unanimous consent ican people stand with Suu Kyi and the and Mindy Van Woerkom of my staff be that the Banking Committee be dis- freedom-loving people of Burma and

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00080 Fmt 0686 Sfmt 0634 E:\BR08\S24AP8.002 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 6881 against the junta and the illegitimate Whereas recent advances in cystic fibrosis MEASURE READ THE FIRST TIME research have produced promising leads in charter it is propounding. Mr. REID. I understand that H.R. Mr. REID. I ask unanimous consent gene, protein, and drug therapies beneficial 5613 is at the desk. that the bill be read a third time, to people who have the disease; The PRESIDING OFFICER. The passed, the motion to reconsider be Whereas innovative research is progressing faster and is being conducted more aggres- clerk will report the bill by title. laid on the table, there be no inter- sively than ever before, due, in part, to the The legislative clerk read as follows: vening action or debate, and that all Cystic Fibrosis Foundation’s establishment statements relating to the bill be A bill (H.R. 5613) to extend certain mora- of a model clinical trials network; toria and impose additional moratoria on printed in the RECORD. Whereas, although the Cystic Fibrosis The PRESIDING OFFICER. Without certain Medicaid regulations through April Foundation continues to fund a research 1, 2009, and for other purposes. objection, it is so ordered. pipeline for more than 30 potential therapies The question is on the third reading and funds a nationwide network of care cen- Mr. REID. Mr. President, I ask for its and passage of the bill. ters that extend the length and quality of second reading but then object to my The bill (H.R. 4286) was ordered to a life for people with cystic fibrosis, lives con- own request. third reading, was read the third time, tinue to be lost to this disease every day; The PRESIDING OFFICER. Objec- and passed. Whereas education of the public about cys- tion is heard. tic fibrosis, including the symptoms of the f The bill will be read the second time disease, increases knowledge and under- on the next legislative day. NATIONAL CYSTIC FIBROSIS standing of cystic fibrosis and promotes AWARENESS MONTH early diagnosis; and f Whereas the Cystic Fibrosis Foundation Mr. REID. I ask unanimous consent will conduct activities to honor National ORDERS FOR MONDAY, APRIL 28, that the Committee on Health, Edu- Cystic Fibrosis Awareness Month in May 2008 cation, Labor, and Pensions be dis- 2008: Now, therefore, be it Mr. REID. Mr. President, I ask unan- charged from further consideration of Resolved, That the Senate— imous consent that when the Senate S. Res. 510 and the Senate proceed to (1) honors the goals and ideals of National Cystic Fibrosis Awareness Month; completes its business today, it stand its consideration. adjourned until 2 p.m., Monday, April The PRESIDING OFFICER. Without (2) supports the promotion of further pub- 28; that following the prayer and objection, it is so ordered. lic awareness and understanding of cystic fi- The clerk will report the resolution brosis; pledge, the Journal of proceedings be by title. (3) encourages early diagnosis and access approved to date, the morning hour be The legislative clerk read as follows: to quality care for people with cystic fibrosis deemed expired, the time for the two to improve the quality of their lives; and A resolution (S. Res. 510) supporting the leaders be reserved for their use later (4) supports research to find a cure for cys- in the day, and there then be a period goals and ideals of National Cystic Fibrosis tic fibrosis by fostering an enhanced re- Awareness Month. search program through a strong Federal of morning business until 4:30 p.m., There being no objection, the Senate commitment and expanded public-private with Senators permitted to speak for proceeded to consider the resolution. partnerships. up to 10 minutes each, with the time Mr. REID. I ask unanimous consent f equally divided and controlled between that the resolution be agreed to, the the two leaders or their designees, and preamble be agreed to, the motions to REGARDING THE 60TH ANNIVER- that Senator DORGAN be recognized to reconsider be laid on the table, there be SARY OF THE FOUNDING OF THE speak for up to 30 minutes; that at 4:30 no intervening action or debate, and all MODERN STATE OF ISRAEL p.m., the Senate resume consideration statements relating to this matter be Mr. REID. I ask unanimous consent of the motion to proceed to Calendar printed in the RECORD. the Senate proceed to the immediate No. 383, H.R. 2881, FAA reauthoriza- The PRESIDING OFFICER. Without consideration of H. Con. Res. 322. tion, as under the previous order. objection, it is so ordered. The PRESIDING OFFICER. The The PRESIDING OFFICER. Without The resolution (S. Res. 510) was clerk will report the concurrent resolu- objection, it is so ordered. agreed to. tion by title. The preamble was agreed to. The legislative clerk read as follows: f The resolution, with its preambles, A concurrent resolution (H. Con. Res. 322) FAA REAUTHORIZATION reads as follows: recognizing the 60th anniversary of the Mr. REID. Mr. President, I had the Whereas cystic fibrosis is one of the most founding of the modern State of Israel and common life-threatening genetic diseases in reaffirming the bonds of close friendship and opportunity to meet this afternoon the United States and one for which there is cooperation between the United States and with unions representing different air- no known cure; Israel. line entities. I also met with the own- Whereas the average life expectancy of an There being no objection, the Senate ers and operators of airlines. We have a individual with cystic fibrosis is 37 years, an real problem on our hands. Fuel costs improvement from a life expectancy in the proceeded to consider the concurrent resolution. are now approaching 50 percent of the 1960s where children did not live long enough costs of our commercial airlines—50 to attend elementary school, but still unac- Mr. REID. I ask unanimous consent ceptably short; that the concurrent resolution be percent. It used to be that the No. 1 Whereas approximately 30,000 people in the agreed to, the preamble be agreed to, cost, of course, was labor, personnel, United States have cystic fibrosis, more than the motions to reconsider be laid on but that is not the way it is. It is ap- half of them children; the table with no intervening action or proaching 50 percent. Whereas 1 of every 3,500 babies born in the debate, and any statements relating to We are spending billions and billions United States is born with cystic fibrosis; this matter be printed in the RECORD. of dollars, and most of that money is Whereas more than 10,000,000 Americans going to places we would rather it not are unknowing, symptom-free carriers of the The PRESIDING OFFICER. Without cystic fibrosis gene; objection, it is so ordered. go, to countries that have certainly Whereas the Centers for Disease Control The concurrent resolution (H. Con. nondemocratic forms of government, and Prevention recommend that all States Res. 322) was agreed to. and a number of them are doing some consider newborn screening for cystic fibro- The preamble was agreed to. very bad things with the money we are sis; Mr. REID. I would note that Senator sending. Whereas the Cystic Fibrosis Foundation LEVIN has agreed to lead the Senate We are going to approach this FAA urges all States to implement newborn delegation to this most important oc- reauthorization to try to direct atten- screening for cystic fibrosis to facilitate casion. We appreciate very much his tion to some of the issues we read early diagnosis and treatment which im- proves health and life expectancy; doing so. He is one of the senior Mem- about every day: 3,000 flights being Whereas prompt, aggressive treatment of bers of the Senate and chairman of the canceled, airlines flying with improper the symptoms of cystic fibrosis can extend Armed Services Committee, an appro- equipment. We are going to do our very the lives of people who have the disease; priate person to do this. best to have a good debate. I hope we

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00081 Fmt 0686 Sfmt 0634 E:\BR08\S24AP8.002 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6882 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 April 24, 2008 can proceed to this legislation. It is ADJOURNMENT UNTIL MONDAY, THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE GRADES INDICATED IN THE UNITED STATES something that is so important for us APRIL 28, 2008, AT 2 P.M. NAVY UNDER TITLE 10, U.S.C., SECTION 531: to do as a country. Mr. REID. Mr. President, if there is To be commander Mr. President,the cloture vote on the no further business to come before the STANLEY A. OKORO motion to proceed to the FAA reau- Senate, I ask unanimous consent that MERYL A. SEVERSON III thorization bill—I will again remind it stand adjourned under the previous To be lieutenant commander everyone—will be at 5:30 p.m. on Mon- order. COLEMAN J. BRYAN day. BRIAN M. CAMERON There being no objection, the Senate, TED R. CAMPBELL at 6:28 p.m., adjourned until Monday, STEVE S. CHAN f JENNIFER M. COLOMBO April 28, 2008, at 2 p.m. REBECCA J. EICK BRIAN L. FELDMAN f KANTI R. FORD MEASURE READ THE FIRST MARION C. HENRY TIME—S. 2920 NOMINATIONS JASON J. LUKAS JOSEPH R. LYNCH Mr. REID. Mr. President, I think—I Executive nominations received by WEBB R. MCCANSE KATHLEEN J. MCDONALD do not think—I am almost certain that the Senate: EDWARD J. MILLER S. 2920 is at the desk and due for its UNITED STATES ADVISORY COMMISSION ON JOSHUA P. MOSS DANIEL G. NICASTRI first reading. PUBLIC DIPLOMACY STACEY C. QUINTERO The PRESIDING OFFICER. The LYNDON L. OLSON, JR., OF TEXAS, TO BE A MEMBER OF JAMISON R. RIDGELEY THE UNITED STATES ADVISORY COMMISSION ON PUBLIC DAVID B. ROSENBERG clerk will report the bill by title. DIPLOMACY FOR A TERM EXPIRING JULY 1, 2008, VICE The legislative clerk read as follows: HAROLD C. PACHIOS, TERM EXPIRED. f DEPARTMENT OF STATE A bill (S. 2920) to reauthorize and improve WITHDRAWAL the financing and entrepreneurial develop- KRISTEN SILVERBERG, OF TEXAS, TO BE REPRESENTA- ment programs of the Small Business Ad- TIVE OF THE UNITED STATES OF AMERICA TO THE EURO- Executive message transmitted by PEAN UNION, WITH THE RANK AND STATUS OF AMBAS- ministration, and for other purposes. SADOR EXTRAORDINARY AND PLENIPOTENTIARY. the President to the Senate on April 24, Mr. REID. Mr. President, I now ask IN THE NAVY 2008 withdrawing from further Senate consideration the following nomina- for its second reading but object to my THE FOLLOWING NAMED OFFICER FOR APPOINTMENT own request. IN THE UNITED STATESS NAVY TO THE GRADE INDI- tion: The PRESIDING OFFICER. Objec- CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE C. BOYDEN GRAY, OF THE DISTRICT OF COLUMBIA, TO AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION BE REPRESENTATIVE OF THE UNITED STATES OF AMER- tion is heard. 601: ICA TO THE EUROPEAN UNION, WITH THE RANK AND STA- The bill will be read the second time To be vice admiral TUS OF AMBASSADOR EXTRAORDINARY AND PLENI- POTENTIARY, WHICH WAS SENT TO THE SENATE ON JAN- on the next legislative day. REAR ADM. DAVID J. DORSETT UARY 9, 2007.

VerDate Mar 15 2010 12:42 Nov 12, 2010 Jkt 069102 PO 00000 Frm 00082 Fmt 0686 Sfmt 9801 E:\BR08\S24AP8.002 S24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 6883 HOUSE OF REPRESENTATIVES—Thursday, April 24, 2008

The House met at 10 a.m. ate a Council of the Inspectors General on Among all of the dedicated first re- Chaplain Paul L. Sherouse, Wing Integrity and Efficiency, and for other pur- sponders in our cities and towns, sev- Chaplain, Andrews Air Force Base, Air poses. eral local agencies have taken their Force District of Washington, offered S. Con. Res. 77. Concurrent resolution sup- commitment a step further by spon- porting the goals and ideals of National Sex- the following prayer: ual Assault Awareness and Prevention soring Urban Search and Rescue Task Almighty God, our gracious heavenly Month 2008. Forces. There are 28 Urban Search and Father, we pause before the business of Rescue Task Forces around the coun- f our Nation to remember that You have try, including one in my own district, granted us a unique role at this mo- WELCOMING CHAPLAIN PAUL L. sponsored by the Orange County Fire ment in history. SHEROUSE Authority. Blessed with government committed The SPEAKER. Without objection, These task forces stand ready to re- to preserving individual freedoms; an the gentleman from Texas (Mr. GON- spond to natural disasters like earth- abundance of natural resources that in- ZALEZ) is recognized for 1 minute. quakes and hurricanes, and to terrorist spire our industry; and educational op- There was no objection. attacks. For example, FEMA deployed portunities that have resulted in sci- Mr. GONZALEZ. Madam Speaker, it 25 of the 28 on 9/11, and 28 of the 28 task entific and technological achieve- is my honor and privilege to welcome forces to Hurricane Katrina. Despite the fact that these task ments, we are the most powerful and Lieutenant Colonel Paul L. Sherouse forces are deployed by FEMA, they wealthiest nation on Earth. Grant us this morning as he opened the United have not been authorized by the Con- wisdom to use these gifts in service to States House of Representatives with a gress and as a result, the task force our country and our world. prayer as our guest chaplain. Lieuten- members are not eligible for Federal We give You special thanks for the ant Colonel Sherouse is a decorated disability or death benefits if they are Library of Congress, established 208 member of the United States Air Force injured while federally deployed. years ago today. May its example of re- and has been honored with the Meri- search and scholarship continue to be I have introduced H.R. 4183, the Na- torious Service Medal with three oak tional Urban Search and Rescue Re- an example for all. Send Your holy an- leaf clusters, the Air Force Commenda- gels to watch over our military. Inspire sponse System Act of 2007, which could tion Medal with three oak leaf clusters, give them the protections that they de- their courage, protect them from dan- the Southwest Asia Service Medal, and ger, grant success to their missions and serve. I hope all Members will join me the Air Force Achievement Medal. in moving this legislation forward. keep their families safe and secure in He is the Wing Chaplain at Andrews their absence; through Jesus Christ, Air Force Base in Maryland and is en- f Your Son, my Savior. Amen. dorsed by the Lutheran Church-Mis- DENTON, TEXAS f souri Synod. (Mr. BURGESS asked and was given Previously, Lieutenant Colonel THE JOURNAL permission to address the House for 1 Sherouse was on assignment in Bagh- minute and to revise and extend his re- The SPEAKER. The Chair has exam- dad, Iraq, in July 2003. As he prepares marks.) ined the Journal of the last day’s pro- for his latest deployment to Kuwait on Mr. BURGESS. Mr. Speaker, I rise ceedings and announces to the House May 3, 2008, we wish him the best and today to recognize Denton County, her approval thereof. are honored to have him here with us Texas. Pursuant to clause 1, rule I, the Jour- this morning. On behalf of my con- I grew up in Denton, a town where a nal stands approved. stituents in San Antonio and the U.S. mere 160 years ago there were more f House of Representatives, we thank cattle than people. In fact, when my him and his family, including his wife, parents moved to the area in 1951, the PLEDGE OF ALLEGIANCE Pamela, and their children, Arynne and town of Denton was a city of 20,000. The SPEAKER. Will the gentle- Oliver, for his honorable service to our Today it is well over 100,000 and the woman from California (Ms. LORETTA country. county is well over 400,000. SANCHEZ) come forward and lead the f Denton is not the biggest county in House in the Pledge of Allegiance. America, but as long as I can remem- ANNOUNCEMENT BY THE SPEAKER Ms. LORETTA SANCHEZ of Cali- ber, it is the kind of place where you fornia led the Pledge of Allegiance as The SPEAKER. The Chair will enter- knew the mayor, the local shop owners, follows: tain up to five further requests for 1- the bank tellers, or the manager of the I pledge allegiance to the Flag of the minute speeches on each side of the local grocery store. The fabric of the United States of America, and to the Repub- aisle. community was in the businesses that lic for which it stands, one nation under God, f helped build the community and sus- indivisible, with liberty and justice for all. tain life there. The same is true today. NATIONAL URBAN SEARCH AND f Some of these Denton County busi- RESCUE AUTHORIZATION ACT nesses and the Chambers of Commerce MESSAGE FROM THE SENATE (Ms. LORETTA SANCHEZ of Cali- that represent them are here in Wash- A message from the Senate by Ms. fornia asked and was given permission ington today. I am pleased to welcome Curtis, one of its clerks, announced to address the House for 1 minute and my friends and some of the local offi- that the Senate has passed a bill and to revise and extend her remarks.) cials to the Nation’s capital. I also agreed to a concurrent resolution of Ms. LORETTA SANCHEZ of Cali- want to thank them for helping make the following titles in which the con- fornia. Madam Speaker, every day and Denton County a place of entrepreneur- currence of the House is requested: every night firefighters, police officers, ship and economic opportunity, a S. 2324. An act to amend the Inspector Gen- and other first responders keep our friendly place where people are glad to eral Act of 1978 (5 U.S.C. App.) to enhance communities safe and are ready to re- see you, and I, for one, am very glad to the Offices of the Inspectors General, to cre- spond to emergencies as they arise. call home.

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

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00001 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.000 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6884 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 April 24, 2008 I would like to submit the names of August 31, 1944, General Patton was similar choice, lay off more employees, the Denton County delegation for the charging toward Germany and just out- cut vital services, or find a balance of RECORD: Mandy Calvin, Jonathan Cal- side of Metz, France, his tanks ran out the two. vin, Gene Carey, Donald Combs, Cindi of gas because bureaucrats here in the Deschutes County Commissioner Howard, Mary Jacoby, Claude King, United States denied him fuel. Dennis Luke said, ‘‘It’s not only our Matt McCormick, Stan Morton, Jody So unless Congress acts, our troops roads that will take a hit. More impor- Smith, Katy Taggart, and Lori Walker. may be charging into battle riding cav- tantly, it affects our ability to reduce f alry horses, while our tanks and planes the threat of wildfire, provide search rust and gather dust because they are and rescue services to folks who enjoy WORKERS MEMORIAL DAY out of gas. recreating on the vast stretches of fed- (Mr. HARE asked and was given per- And that’s just the way it is. eral lands.’’ mission to address the House for 1 All the while, the House has had a so- f minute and to revise and extend his re- lution in waiting in H.R. 3058, a 4-year marks.) b 1015 reauthorization, but its approval has Mr. HARE. Mr. Speaker, April 28 RECOGNITION OF WORKERS been stymied by the Democratic lead- marks the 20th annual Workers Memo- MEMORIAL DAY ership, which, for some reason refuses rial Day. I rise with other members of to allow it to come up for a vote. the Labor and Working Family Caucus (Ms. EDDIE BERNICE JOHNSON of H.R. 3058 languishes while we name to acknowledge the millions of workers Texas asked and was given permission post offices, honor sports teams and re- who have been killed or injured on the to address the House for 1 minute.) name roads. There’s time for that, but job. Ms. EDDIE BERNICE JOHNSON of not time to vote on H.R. 3058. Since 1970, OSHA has been a driving Texas. Mr. Speaker, this coming Mon- I hope the health of rural America force in improving workplace safety day, April 28, millions of people world- can find a spot somewhere tucked in across the country. However, the Bush wide will recognize Workers Memorial among those priorities, and that the administration has sought to downsize Day. leadership will allow the House to vote the agency. A weakened OSHA has real Each year, in this country, thousands to reauthorize county timber pay- life-or-death consequences for workers, of workers are killed due to workplace ments. such as Cintas employee Eleazar related injuries, and tens of thousands f Torres-Gomez who died last year when more die of occupational illness. It is staggering to think that each day an WORKERS MEMORIAL DAY he was dragged into an industrial ´ dryer. average of 16 workers are killed due to (Ms. LINDA T. SANCHEZ of Cali- Mr. Torres-Gomez’s fate is, unfortu- the injuries on the job. fornia asked and was given permission nately, too common. Sixteen workers The bottom line is that everyone de- to address the House for 1 minute.) Ms. LINDA T. SA´ NCHEZ of Cali- die every day in our country from serves a safe and healthy workplace. fornia. Mr. Speaker, I rise this morning work-related injuries. Many of us take this basic right for to honor the thousands of American Last year, along with Representative granted, but for millions of Americans, workers who are injured, sickened, and LYNN WOOLSEY, I introduced the Pro- the threat of being permanently dis- killed each year in this Nation. tecting America’s Workers Act, which abled or even killed on a job is very Next Monday, April 28, is Workers amends OSHA to cover more workers, real. Memorial Day, dedicated to remem- and strengthens protections and ac- Workers Memorial Day not only rec- bering workers whose lives are lost on countability. During Workers Memo- ognizes and honors those who have the job. Sixteen workers are killed on rial Week, the best way to honor our been killed or injured on the job, it the job every day in America. Every. workers is to quickly send this bill to also reminds us of the overwhelming Day. the President’s desk. need to improve health and safety standards in our Nation’s workplace. And these are not just workers in f Mr. Speaker, yesterday I introduced highly dangerous professions, but HERE COMES THE HORSE a resolution to recognize Workers Me- workers from every profession you can CAVALRY morial Day, and I certainly encourage imagine, from mechanics to teachers to newspaper carriers. (Mr. POE asked and was given per- all my colleagues on Monday to pay re- Instead of addressing the crisis in mission to address the House for 1 spect for those who have lost their worker safety, the Bush administration minute.) lives this past year. continues to underfund the Occupa- Mr. POE. Mr. Speaker, Canada is the f tional Safety and Health Administra- largest crude oil supplier to the United tion, OSHA. Like an old dog who’s lost States. About half of that crude is de- COUNTY PAYMENTS FOR its teeth, OSHA doesn’t scare anyone. rived from what is called oil sands. DESCHUTES COUNTY, OREGON It hasn’t improved safety and it doesn’t Also, the military wants to buy Cana- (Mr. WALDEN of Oregon asked and protect workers. dian ‘‘unconventional fuels’’ instead of was given permission to address the Today, I stand with families who buying fuel from rogue dictators. The House for 1 minute.) have lost loved ones on the job. Tomor- Air Force wants to use Canadian ‘‘coal Mr. WALDEN of Oregon. Mr. Speak- row I continue working with my col- to liquid fuel’’ and turn it into jet fuel. er, in Deschutes County, Oregon, 78 leagues in the Labor and Working But the nonenergy bill passed by percent of the land is owned by the Families Caucus to strengthen OSHA. Congress prohibits such purchases be- Federal Government. That’s an area 50 American workers deserve to be safe cause of absurd environmental restric- percent larger than the State of Rhode while earning a living and contributing tions. Island. Yet the Federal Government to this great country. And we must do Now, not only is it harder for Ameri- has pulled the plug on its commitment more to ensure that they are safe. cans to obtain affordable gasoline, our to this central Oregon county, by al- f military is at risk of having a fuel lowing the county timber payments shortage to carry out its mission in program to expire. DEMOCRATS’ COMMONSENSE PLAN Iraq and Afghanistan. A full 10 percent of Deschutes Coun- (Mr. BARRETT of South Carolina This Nation is at war. Our troops ty’s annual budget is comprised of asked and was given permission to ad- need fuel. The latest congressional at- county payments. Faced with the pos- dress the House for 1 minute.) tempt to hurt the military as a way of sibility of losing those funds, the coun- Mr. BARRETT of South Carolina. appeasing environmental fear mongers ty last year laid off employees and cut Mr. Speaker, ‘‘Democrats have a com- could result in what happened to Gen- services in its road department. This monsense plan to help bring down sky- eral George Patton in World War II. On year the county’s grappling with a rocketing gas prices.’’

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00002 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.000 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 6885

That was Ms. PELOSI in a press re- ‘‘Oil Shock. The Clerk read the title of the bill. lease 1 year ago today. The price at the ‘‘When it comes to energy policy, The CHAIRMAN. Pursuant to the pump then, $2.91 a gallon, today almost Democrats always talk a good game. rule, the bill is considered read the $4 a gallon. But look at their actual record while in first time. Also 2 years ago, Ms. PELOSI vowed control of Congress in the last year and General debate shall not exceed 1 that if her party took over Congress a half. It’s been nothing short of disas- hour, with 40 minutes equally divided they would cut energy prices, espe- trous. and controlled by the chairman and cially gasoline. It’s obvious there’s a ‘‘Wasn’t it 2 years ago that then Mi- ranking minority member of the Com- fast growing need for energy in our nority Leader Nancy Pelosi vowed, if mittee on Transportation and Infra- country, and this need must be met the party took over Congress, to cut structure and 20 minutes equally di- with a solution. energy prices, especially gasoline? vided and controlled by the chairman To provide a reduction in gas prices ‘‘ ‘Democrats have a commonsense and ranking minority member of the for Americans, we need to find re- plan,’ Ms. Pelosi went on to say, ‘to Committee on Homeland Security. sources here at home and support do- help bring down skyrocketing gas The gentleman from Minnesota (Mr. mestic energy production. Our country prices by cracking down on price OBERSTAR) and the gentleman from needs to research and fund alternative gouging, rolling back the billions of Ohio (Mr. LATOURETTE) each will con- energy production to become less de- dollars in taxpayer subsidies, tax trol 20 minutes, and the gentleman pendent on foreign sources for the se- breaks and royalty relief given to the from Mississippi (Mr. THOMPSON) and curity of our country, and to ease the big oil and gas companies, and increas- the gentleman from California (Mr. DANIEL E. LUNGREN) each will control burdening gas prices for our American ing production of alternative fuels.’ 10 minutes. families. ‘‘This is what Ms. Pelosi wrote in American families were promised a The Chair recognizes the gentleman April of 2006 as part of her efforts to from Minnesota. commonsense plan by the Democrat convince the American people to elect majority. If there’s a commonsense Mr. OBERSTAR. Mr. Chairman, I Democrats. yield myself such time as I may con- plan, don’t you think it’s time that we ‘‘How’s that working for you? The see it? sume. cost of energy, measured by the price I rise in strong support of H.R. 2830, f of West Texas Intermediate Crude is up the Coast Guard Authorization Act THE ARMENIAN GENOCIDE more than 70 percent.’’ that includes critical provisions to (Mr. COSTA asked and was given per- On 12/19/07 President Bush signed into strengthen the U.S. Coast Guard. mission to address the House for 1 law H.R. 6, which was the plan. It’s not It’s been since 2004, the last time we minute.) working. actually moved through House and Mr. COSTA. Mr. Speaker, I rise today We want to see the real plan, Ms. Senate and conference a Coast Guard to commemorate the 93rd anniversary PELOSI. authorization bill, not for lack of ef- of the Armenian Genocide, which, f fort. In the 109th Congress in 2005 and sadly, was the first genocide of the 20th 2006 the Committee on Transportation century, a template for a cycle of geno- ANNOUNCEMENT BY THE SPEAKER and Infrastructure, under then Chair- cide that continues to occur to this PRO TEMPORE man DON YOUNG, a strong advocate, ad- day. The SPEAKER pro tempore (Mr. mirer of and one who embraces the The Armenian Genocide involved the COSTA). Members are reminded to ad- U.S. Coast Guard, we moved the bill issue of man’s injustice to mankind. It dress their remarks to the Chair. through committee, and we brought it continued to occur throughout the 20th to the House in 2006. Unfortunately, we f century, as we know, in the Holocaust, were not able to reach conference with Cambodia, Rwanda, Bosnia, and now in GENERAL LEAVE the other body, but not for lack of ef- Darfur. fort. Mr. OBERSTAR. Mr. Speaker, I ask And so that bipartisan initiative was Growing up in Fresno, California, as unanimous consent that all Members we proudly say, the land of William Sa- rekindled last year as the committee may have 5 legislative days in which to picked up the pieces and incorporated royan, I heard many stories as a young revise and extend their remarks on the man from the grandparents of our the work of previous Congresses and bill H.R. 2830, the Coast Guard Reau- moved forward with a very expansive neighbors, the Kezerians, the Koligians thorization Act. and the Abramhian families, about Coast Guard authorization bill. The SPEAKER pro tempore. Is there Toward that purpose, I express my being forced to leave their homes and objection to the request of the gen- farms, the stories of long marches and deepest appreciation for the chairman- tleman from Minnesota? ship of the subcommittee, under ELI- systematic murders. They believe it There was no objection. was the first genocide of the 20th cen- JAH CUMMINGS, the Member from Balti- tury, and ladies and gentlemen of the f more, who has embraced his responsi- House, I believe it was too. bility and duty and embraced the Coast COAST GUARD AUTHORIZATION Guard and mastered the subject mat- Genocide is not something that can ACT OF 2008 simply be swept under the rug and for- ter. And our ranking member on that gotten. The United States cannot con- The SPEAKER pro tempore. Pursu- Coast Guard Subcommittee, the gen- tinue its policy of denial regarding the ant to House Resolution 1126 and rule tleman from Ohio (Mr. LATOURETTE) Armenian genocide, and I encourage XVIII, the Chair declares the House in who, in his ever thoughtful, judicious, that we once again reconsider the pas- the Committee of the Whole House on thorough manner, similarly has mas- sage of H. Res. 106 to recognize the Ar- the state of the Union for the consider- tered the subject matter. He is a mas- menian genocide. ation of the bill, H.R. 2830. ter of detail, and has brought many thoughtful recommendations to the f b 1025 legislation that is before us. OIL SHOCK IN THE COMMITTEE OF THE WHOLE And I thank the gentleman for his (Mr. WESTMORELAND asked and Accordingly, the House resolved splendid cooperation, that of the rank- was given permission to address the itself into the Committee of the Whole ing member of the full committee, Mr. House for 1 minute and to revise and House on the state of the Union for the MICA, who has ceded the floor respon- extend his remarks.) consideration of the bill (H.R. 2830) to sibilities to Mr. LATOURETTE. Mr. Mr. WESTMORELAND. I want to authorize appropriations for the Coast MICA, representing the State of Flor- read an editorial to the American peo- Guard for fiscal year 2008, and for other ida, a State that is intimately related ple, Mr. Speaker, that was printed yes- purposes, with Mr. MCNULTY in the with, to, dependent upon, and grateful terday in Investors Business Daily: chair. to the Coast Guard for its services.

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00003 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.000 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6886 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 April 24, 2008 In this bill, we extend, we first of all, for commercial fishing vessels; double Created an assistant commandant for increase personnel for the U.S. Coast hull around fuel bunker tanks on new marine safety. The chief of marine Guard. In my first year in Congress, construction of U.S. vessels. Any vessel safety in each Coast Guard sector; es- 1975, I served on the Coast Guard Sub- carrying more than 600 cubic meters of tablished minimum qualifications for committee and subsequently, all oil will have double hulls around their all marine safety personnel saying that through to 1995, when the Merchant fuel tanks to prevent the disastrous those persons appointed to marine safe- Marine and Fisheries Committee, consequences such as the COSCO ty positions, safety inspectors, cas- which included Coast Guard, was dis- BUSAN, which Chairman CUMMINGS ualty inspectors, chief of marine safe- solved and the responsibilities of the went out to hold a hearing on in the ty, be technically qualified for those Coast Guard transferred over to the San Francisco Bay following the positions that they should have at Committee on Transportation and In- allision with the Bay Bridge and with least the qualifications that the Amer- frastructure where I continued to work the release of 53,000 gallons of heavy ican Bureau of Shipping has and better on Coast Guard issues. fuel. than those. From 1975, Coast Guard personnel au- Ballast water treatment. We have the We establish a limited duty officer thorization was at 39,000. We added 27 first enforcement program since program in marine safety to allow new functions, new responsibilities, invasive species were identified as a commanders or chief warrant officers various Congresses, various presidents major problem in the Great Lakes in who have extensive marine safety expe- over the years, without increasing sub- the 1970s. We require ships to install rience to have the opportunity to spe- stantially Coast Guard personnel. We ballast water treatment systems in cialize in marine safety. do that in this legislation. We add 1,500 2009 to control invasive species into We require that appeals and waivers military personnel. U.S. ports, waterways, of course in the of marine safety laws and regulations inland waterways and the Great Lakes. be handled by qualified marine inspec- b 1030 We established a standard adopted by tors. Those marine safety regulations We increase the total strength of the the International Maritime Organiza- now are handled by the chain of com- Coast Guard to 47,000 to adequately tion from 2009 to 2012, but beginning in mand of the Coast Guard. That means serve the needs of the clear dual re- 2012, the standard will be increased to an appeal can be decided by a ship driv- sponsibilities of the Coast Guard, safe- 100 times greater than the IMO, based er, a helicopter pilot, who has no quali- ty, which is search and rescue, and on best-available technology. fications in the specific issue at hand. There are eight provisions dealing buoy tending and navigation aids and We need to raise the qualifications, the with port security that I will withhold so on, and the security responsibility skills of those personnel in key posi- comment on which Chairman BENNIE in the Coast Guard in the era of home- tions of the Coast Guard. This bill does THOMPSON will speak, and I’m very land security. that. grateful for his participation in all of There will be no argument or no, how And we also require establishment of our committee work. I will also set shall I say, excuse in the future that and funding for a course in marine aside for the moment the Coast Guard the Coast Guard doesn’t have sufficient safety as part of the curriculum at the Deepwater assets procurement issue for personnel so they have to be a multi- U.S. Coast Guard Academy. I was there Chairman CUMMINGS to address. That mission agency. We’re going to assure in New London at the Coast Guard was a matter on which he devoted an that they have adequate personnel Academy on Friday, and a com- through this authorization and subse- enormous amount of time. We remove appearance of conflict by mandant of the academy and a com- quent funding of it to carry out all of transferring administrative law judges mandant of cadets both were thrilled their civil responsibilities. from the Coast Guard to the National with this idea, as were cadets with We extend benefits to Coast Guard Transportation Safety Board, as we did whom I visited. personnel, reimburse them for medical- years ago, bipartisan initiative in our And the final point I want to call at- related travel for members assigned to committee for pilots. The venue for ap- tention to is the strengthening of the remote locations. We grant access to peals to the commandant decision to marine pollution prevention provisions Armed Forces retirement home sys- suspend or revoke a mariner’s license, in the act. I will leave those details to tems to the Coast Guard veterans. We such as a captain’s license, for viola- later. allow Coast Guard in this legislation to tion of marine safety laws or acts of I reserve the balance of my time. provide authorization for personnel professional incompetence will now be Mr. LATOURETTE. Mr. Chairman, at who work in support of a declaration of heard by an NTSB administrative law this time it’s my privilege to yield a major disaster or emergency issued judge but retaining the Coast Guard such time as he may consume to the by the President to retain up to a total authority to decide whether to seek ranking member of the full committee, of 90 days of accrued leave compared to suspension or revocation of a mariner’s the gentleman from Florida (Mr. MICA). only 60 days currently. license. Mr. MICA. Mr. Chairman, I would We implement the administration’s In 2007, two former Coast Guard ALJs like to thank our ranking member, Mr. proposal initiated by the Coast Guard testified before the Subcommittee on LATOURETTE, for yielding time to me, to reorganize the Coast Guard. As they Coast Guard and Maritime Transpor- and I am pleased to speak on an impor- propose in their plan in this legisla- tation that they were pressured not to tant reauthorization measure, and tion, we provide authorization that allow a mariner’s discovery of informa- that’s reauthorization of our Coast eliminates two area commands estab- tion that could vindicate that mariner. Guard. Unfortunately, I’m told that lished by law and the Coast Guard chief I think one of our major contribu- even if we pass this bill today, and it of staff position and replace those with tions, perhaps in my mind the most will not be passed in totality, it still four vice admirals, deputy com- significant, apart from the Deepwater, must be conferenced with the other mandant for mission support, deputy which has already passed the House, is body, that this authorization is only commandant for national operations the establishment of new Marine Safe- good through the end of this fiscal and policy, the commander for force ty Authority and raising the quality of year. And, unfortunately, this reau- readiness command and the com- personnel and the authority for marine thorization has been delayed, and we mander for the operations command, safety within the Coast Guard, estab- will find ourselves back at the begin- and we promote, in this legislation, the lish marine safety as a function of the ning gate, starting gate, so to speak. vice commandant to full admiral. Coast Guard. It is now mentioned in That’s one of my disappointments. The legislation strengthens substan- their basic law. But we established ma- First, though, before I get into my tially fishing vessel safety, the most rine safety as a Coast Guard function disappointments, let me commend, dangerous occupation in the United focused on actions necessary to protect first of all, our ranking member, Mr. States, improving the training, con- life, property and the environment at LATOURETTE. He’s worked tirelessly as struction, and enforcement standards sea. the Republican leader of the Coast

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00004 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.000 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 6887 Guard Subcommittee to try to bring ance framework and also at odds with that tradition than is done for the U.S. this reauthorization legislation to- assisted risk-management practices. Navy. gether. He’s taken some absolutely ter- In simple layman’s terms, what’s Mr. Chairman, I yield 5 minutes to rible proposals that first came out and happening is right now when we’re hav- the gentleman from Maryland, Chair of made them much, much better, and I ing a difficulty of getting a supply of the subcommittee, Mr. CUMMINGS. commend Mr. LATOURETTE for his hard natural gas, and gas prices are soaring. Mr. CUMMINGS. I want to thank the work on this and trying to reach com- People are seeing natural gas prices chairman for yielding. promise. reach record levels. We’re creating And as chairman of the Sub- I also compliment Mr. OBERSTAR, my more redtape, more impediments and committee on Coast Guard and Mari- counterpart in the committee, heads setting up another regime in which we time Transportation, I rise today in up the Democrat side, our chairman, will limit the supply and also actually strong support of the amendment in for his efforts to try to bring about bi- create more impediments to getting the nature of a substitute to H.R. 2830, partisan compromise on the legisla- the supply so the cost can go down and the Coast Guard Authorization Act. tion. Mr. CUMMINGS, the chairman of the people who have access to probably I want to thank Chairman OBERSTAR the Coast Guard Subcommittee, has one of the best sources of energy has for his inspired leadership of the Trans- worked with our ranking member. the least amount of damage of any of portation Committee. I also thank So I thank all of them. Their efforts the fossil fuels to our environment. Chairman THOMPSON for his leadership have been good, and I’m going to cast So those are my two concerns. on the Homeland Security Committee. a vote in favor of this to move the But, again, I’m going to support the Further, I thank my ranking member process forward, and I think that’s in- measure. I’m hoping that through con- of the Transportation Committee, Mr. cumbent in my particular position to ference, we can make the bill much MICA. And I give special thanks to Con- try to continue to make the bill better. better, that we can address the com- gressman LATOURETTE for his service This is a good reauthorization start. mand regime that’s set up here in a as the ranking member of the Coast I do have two major concerns that I new safety bureaucracy, that we can Guard Subcommittee. And certainly I want to say that I am not pleased with, also make certain that we have a sup- thank Congressman KING. the administration is not pleased with, ply of liquefied natural gas, access to Throughout the 110th Congress, I’ve and I think the United States Coast liquefied natural gas and also bring the led the subcommittee in examining the Guard is not pleased with. prices down for the consumer who’s many ways in which the Coast Guard, First of all, I have opposition to two under incredible pressure right now our thin blue line at sea, has been provisions. Let me speak about the trying to pay bills, meet the costs of stretched since 9/11. The amendment in first one, and one you heard a lot increasing energy. the nature of a substitute before us about, the safety regime that’s created So those are my concerns. today responds directly to the issues in this bill. Unfortunately, this par- Again, I want to thank all of the we have examined by ensuring that the ticular provision, while it may sound members who’ve worked on this in the Coast Guard has the expertise and re- good that the safety is being addressed, committee, the ranking member Mr. sources necessary to perform all of its it really destroys the command and LATOURETTE, Mr. OBERSTAR, and Mr. missions effectively and efficiently. control function that is so essential in CUMMINGS for their efforts. The legislation would authorize $8.4 a national security agency. billion for the Coast Guard and author- b 1045 Now the Coast Guard’s primary re- ize an increase in the total number of sponsibility is one of national security. Mr. OBERSTAR. Mr. Chairman, I military personnel to 47,000. It’s also safety, but it is first and fore- yield myself 2 minutes, first to express Our subcommittee has become deeply most, a national security agency. And my great appreciation for John concerned that the area where the this regime sets up an unprecedented Cullather, Chief of Staff on the Coast Coast Guard is becoming thinnest is in bureaucracy. It also destroys the com- Guard Subcommittee on the Demo- marine safety, the function responsible mand approach that we have had in our cratic side, Richard Hiscock, Lucinda for protecting lives, property and the services. Lessley, Ianta Summers, Christy Ruth- environment at sea. The declines in In fact, it would prescribe the duties, erford, and on the Republican staff, this program have become shockingly qualifications, and set up a chain of John Rayfield and Eric Nagel, with evident when the Department of Home- command of senior Coast Guard offi- whom we have worked diligently and land Security’s Inspector General cials. This represents an extraordinary consistently and thoroughly and found that the Coast Guard dispatched intrusion upon the service chiefs’ au- achieved a great accommodation of three individuals who were not quali- thority to command and control a use. fied to conduct an investigation to re- branch of the Armed Forces and, ulti- Secondly, I don’t share the ranking spond to the ship that hit the San mately, the ability of the Secretary Republican member’s pessimistic out- Francisco Bay Bridge and subsequently and the President to deploy the Coast look for this legislation. The Coast spilled 54,000 gallons of fuel into the Guard in an emergency. Guard reauthorization has been re- Bay. Now this isn’t just my evaluation. ported from committee in the other Without taking away any of the re- This is the Coast Guard, this is the ad- body. It has been hotlined by the sources or the flexibility that the ministration, the President’s evalua- Democratic leadership in the other Coast Guard needs to perform any tion of what the current language body. They anticipate it will clear other mission, including securing our would do. those hotline processes shortly and ports, the amendment in the nature of Unfortunately again, we still have that the other body will be able to, in a substitute requires that individuals this provision that needs to be worked due course, in relatively short period of who ensure the safety of the maritime on, and we need to make certain that time, consider a Coast Guard bill on industry prepare for these highly tech- national security, the ability to com- the floor, and that we can, in fact, an- nical jobs by meeting requisite train- mand and control a branch of the ticipate conference with the other body ing standards. The bill also requires armed services is not damaged. by and before the beginning of summer. that as new liquefied natural gas (LNG) The second reason that I have con- I have a very positive and hopeful out- terminals are approved, all of the re- cern about this legislation is that un- look. sources necessary to adequately secure fortunately, the waterside security Third, as for redesigning and restruc- these terminals are in place. I empha- provisions here that relate to liquefied turing the Coast Guard, the committee size that these provisions will not im- natural gas terminals and liquefied has done that since the 1960s, directing pede the development of any new natural gas tankers requires the Coast how the structure of the Coast Guard project. They will simply ensure that Guard to provide security in a manner shall be organized. In fact, we do far security requirements are met before that is contrary to the existing assist- less structuring in this bill following in new terminals become operational.

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00005 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.000 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6888 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 April 24, 2008 Further, H.R. 2830 will set new and those that they entrust with super- work to make sure that we come up increasingly stringent standards for vising. It is a pleasure to serve in the with a resolution that not only fits the treatment of ballast water through post of ranking member with Mr. with the reality of assets that are which invasive species have been intro- CUMMINGS as the chairman. available, builds on a long tradition duced to some of our Nation’s most And, also, a special affection for the that we established in 2005, but also fragile marine environments, such as chairman of the full committee. I made permits us to move forward with the the Chesapeake Bay. It will also give the observation at the beginning of goal of attaining cheaper energy for mariners the right to have cases in- this Congress, and I’ll repeat it again Americans through the form of natural volving the potential suspension or today, that obviously, as a Republican, gas. revocation of their professional creden- none of us were excited about being With that, Mr. Chairman, I thank the tials heard by the National Transpor- thrust after 12 years from the majority Chair very much and would reserve the tation Safety Board’s administrative party to the minority party, but if balance of my time. law judge system. there was to be a Democratic Chair of The CHAIRMAN. The Committee will These provisions respond to compel- the House Transportation and Infra- rise informally. ling testimony from former Coast structure Committee, there is no one The SPEAKER pro tempore (Mrs. Guard ALJs indicating that they did more deserving, in my opinion, perhaps TAUSCHER) assumed the chair. not work in an environment that sup- in the history of the institution, than f ported their exercise of judicial inde- the gentleman from Minnesota (Mr. FURTHER MESSAGE FROM THE pendence. Mariners who are unsafe OBERSTAR). He really takes our com- SENATE should not be on our Nation’s water- mittee, no matter what the issue, ways, but fair treatment must be as- above partisanship to the goals of the A further message from the Senate sured to all individuals in any legal Transportation Committee, and that by Ms. Curtis, one of its clerks, an- proceeding. And the transfer of the is, safeguarding our waterways and nounced that the Senate has passed a Coast Guard’s ALJ function to the Na- building America. bill of the following title in which the tional Transportation Safety Board And, lastly, while I’m saying nice concurrence of the House is requested: will avoid even the potential appear- things about people, I am pleased, Mr. S. 2903. An act to amend Public Law 110–196 ance of unfairness. Chairman, that the Speaker of the to provide for a temporary extension of pro- grams authorized by the Farm Security and Finally, the amendment takes sig- House, Ms. PELOSI, has installed you as Rural Investment Act of 2002 beyond April nificant new steps to ensure that our the Chairman of the Committee of the 25, 2008. Nation’s ‘‘shield of freedom’’ resembles Whole for the consideration of this The SPEAKER pro tempore. The the nation it is defending. The bill piece of legislation. Committee will resume its sitting. would require applicants to the Coast I rise in strong support of this bill. Guard Academy to be nominated by And I am especially proud of the bal- f Members of Congress or other authori- last water provisions and the marine COAST GUARD AUTHORIZATION ties. This, in conjunction with ex- safety provisions located within the ACT OF 2008 panded minority recruiting efforts, bill. The Committee resumed its sitting. would draw students from all of our This bill will establish national Mr. OBERSTAR. I would like to in- Nation’s communities to the academy, standards requiring the treatment of quire how much time remains on each beginning the process that the Com- ballast water to minimize the introduc- side. mandant himself has said is needed to tion of invasive species into the Great The CHAIRMAN. The gentleman expand minorities at all ranks of the Lakes and other U.S. waters. The bill from Minnesota has 21⁄2 minutes re- more than 6,000-member officer corps will build on a lot of work that has al- maining. The gentleman from Ohio has from the current number of 827. ready been done. Those of us that are 91⁄2 minutes remaining. As chairman of the Subcommittee on from the Great Lakes know very well Mr. OBERSTAR. Mr. Chairman, I re- Coast Guard and Maritime Transpor- the importance of this issue. serve the balance of my time. tation, it is my honor to be an original I am disappointed that we’ll have a Mr. LATOURETTE. Mr. Chairman, at cosponsor of H.R. 2830, which will set colloquy later with the chairman of the this time, it is my pleasure to yield 3 standards that will ensure the Coast full committee relative to an amend- minutes to a gentleman I mentioned in Guard performs at the level it expects ment that was offered at the Rules my opening remarks, the gentleman of itself while also providing the re- Committee that would protect millions from Louisiana (Mr. BOUSTANY), who sources necessary to enable the service of recreational boaters from falling has been a true leader in the House of to fulfill all of its missions. under a discharge permitting program Representatives on this issue of shore- Mr. LATOURETTE. Mr. Chairman, I designed for large oceangoing vessels. side and waterside security for LNG fa- yield myself such time as I may con- In the absence of this language, come cilities. sume. September recreational voters will be Mr. BOUSTANY. I want to thank my Mr. Chairman, I rise in strong sup- facing fines of up to $32,500 a day for colleague for yielding time and for his port of H.R. 2830, and I’ll tell you why violations of program rules. For more work with me on an amendment to this in just a second, but just a couple of than 30 years, Mr. Chairman, both rec- bill that I think will improve the bill. editorial notes. One is that it is my be- reational and commercial vehicles I also want to thank the chairman lief that this Coast Guard reauthoriza- were exempted from these programs, and ranking member of the committee tion is brought to the floor in the best and I hope that the majority will join and the ranking member of the full traditions of the Transportation and us to develop language addressing committee for their work in bringing Infrastructure Committee. And I want these understandings. together a good bill. to commend the ranking member of As well, when we get to the amend- I rise in support of the bill, but I our full committee, Mr. MICA, for his ment portion of the bill, I have an want to emphasize that our Nation has diligence and work, and also for ex- amendment that I’m offering with Mr. a growing demand for natural gas, and pressing his remaining concerns. BOUSTANY of Louisiana that addresses this amendment that I’m going to offer I also want to express my apprecia- some of the concerns raised by the with my colleague and friend, Mr. tion to the chairman of our sub- ranking member, Mr. MICA, relative to LATOURETTE, will help to ensure that committee, Mr. CUMMINGS, who I’ve waterside security for liquefied natural we don’t halt future domestic liquefied had the pleasure now of working with gas facilities. natural gas expansion. about a year and a half, and I will tell Again, I want to thank the Chair of Some localities have turned their you there is no Member that is more the subcommittee and the full com- backs on this promising energy solu- dedicated to not only the mission of mittee for working with us. I want to tion. And if we’re going to solve our en- the Coast Guard, but the safety of thank Mr. BOUSTANY for his dogged ergy problems in this country, we have

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00006 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.000 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 6889

to make sure that we diversify our Mr. LATOURETTE. I would be happy What’s another solution? The Coast sources to the fullest extent. In Lou- to yield 15 seconds to the distinguished Guard protects our coast. Look at the isiana, we have prided ourselves upon gentleman from Minnesota. red area over there: the Outer Conti- producing and delivering energy that Mr. OBERSTAR. Both gentlemen nental Shelf, ripe for exploration devel- all Americans rely upon, and liquefied made a splendid statement on the issue opment, natural gas, crude oil. But, no, natural gas is certainly no exception. and during the amendment process. Be- it’s off-limits. We can’t get there. This past Monday, I was down in cause of the persuasive case you’ve Think about Katrina. The Coast Cameron Parish on the coast of Lou- made, we are prepared to accept your Guard performed admirably. isiana in my district with Secretary amendment. You know what we forget? Remember Bodman for the opening of the first liq- Mr. LATOURETTE. I thank the that big cloud that rolled up? Tell me uefied natural gas facility to be con- Chair. the major ecological damage based structed in this country in over the At this time—if the gentleman is re- upon all those oil platforms in the past 25 years. And this facility, once serving his 21⁄2 minutes—it’s my pleas- coast. Can you name one? No. Not a fully operational, will be the largest ure to yield 3 minutes to the distin- single one because we can do it safely. liquefied natural gas facility in the guished gentleman from Illinois (Mr. So we can do it safely in those areas. world. It’s going to supply approxi- SHIMKUS). We should not have to burden the tax- mately 5 percent of all U.S. natural gas Mr. SHIMKUS. I also want to com- payer with $26 million of cost for allow- mend the chairman, Mr. OBERSTAR, needs when fully operational. It has ing crude oil prices to go up. We who is really interested in transpor- two 42-inch pipelines that will connect shouldn’t do that. And that’s why it’s tation issues, a good man of heart, and to provide natural gas for 75 percent of important to lower our prices. I applaud your leadership. all the markets in the United States. Mr. OBERSTAR. Mr. Chairman, I And within the next decade, 25 percent Mr. Chairman, this authorization bill brings 1,500 new Coast Guardsmen. continue to reserve the balance of my of all natural gas will run through my time. district. We’re proud of their service. My debate, my concern, over the past Mr. LATOURETTE. May I ask—I So clearly, as we look at this bill, we 1 2 weeks, obviously, is energy and the know the chairman has 2 ⁄2 minutes— should not have provisions that could how much time do we have? potentially kill future liquefied nat- increased cost of bringing on the 1,500 new Coast Guardsmen in addition to The CHAIRMAN. The gentleman ural gas expansion by arbitrarily legis- 1 the burden on the government. It from Ohio has 3 ⁄4 minutes. lating that no new facility can be cer- Mr. LATOURETTE. I thank the tified unless the Coast Guard has the would be better if we had lower energy costs to help meet those needs, but we Chair. assets on hand to carry out the secu- Mr. Chairman, I would yield myself rity measures. The Coast Guard does don’t. We have higher costs. Of course, the Coast Guard uses avia- such time as I may consume to engage not need to do all of this. They have in two short colloquies with the chair- limited assets. And down in my district tion fuel too, quite a bit of it. So does the United States Air Force. For every man of the full committee, if I may. they have worked very well with local Mr. Chairman, first of all, would you authorities, sheriff’s department, other $10 over a barrel, it costs our Air Force 600 million more dollars out of the be willing to enter into a colloquy re- local authorities, to bring all assets to garding the withdrawal of funds from bear to provide the necessary security. budget. We know the burden on the Coast Guard helicopters. We know the the seamen’s accounts authorized The Coast Guard must be allowed to under section 405? continue to have this ability to partner cost to the Coast Guard ships that are diesel run. For every dollar increase in Mr. OBERSTAR. I invite the gen- with local agencies and waterway tleman to pursue this colloquy. users, state government, local law en- diesel fuel, it costs the Coast Guard $26 Mr. LATOURETTE. Thank you. forcement, to manage and protect our million to operate. And this is the kind of the charts I Mr. Chairman, it’s my understanding waterways. have been using over the past 3 weeks that it is current practice for seamen The first delivery of natural gas into on passenger vessels to be paid in cash. the newly constructed Sabine Pass fa- and will continue to use this ad infi- nitum until this country, which is the Section 405 authorizes the deposit of cility that I just mentioned illustrates their pay into certain approved ac- this point. The Sabine-Neches Naviga- greatest country on the face of this Earth, does what other developing counts. The section also requires that tion District manages the overall river those funds be available for with- maintenance. They help fund local law countries do: that we go and explore and use our own resources to meet our drawal. I understand that, as a prac- enforcement efforts. And the Jefferson tical matter, many seamen want to County, Texas sheriff’s department own needs. We know that we are dependent upon make sure that they can make those provides helicopter overflight security. imported crude oil. Shame on us. withdrawals in cash. Cameron Parish, just across the river Shame on us when we have the ability Would the chairman and the chair- in my district, provides the marine pa- to meet our energy needs. man of the subcommittee be willing to trol supplement. And all of this is done And this is what happens: When this work with us in conference to clarify under the approval and guidance of the majority took over, the price of a bar- the amounts that can be withdrawn Coast Guard. So we’re not undermining rel of crude oil was $58.31. Today it from those in cash up to the amount of what the Coast Guard does, we’re mere- dropped a dollar from last week, $116. a seaman’s pay? ly enhancing what the Coast Guard is That’s the problem. What’s the prob- Mr. OBERSTAR. Most certainly. able to do to provide security. lem at the pump? From $2.33 to $3.55. This is a 120-year-old practice in sea- b 1100 Bringing climate change legislation, 50 faring, and we ought to address that A cooperative approach is working on cents of additional tax on gasoline, we issue, as the gentleman has rightly the gulf coast. It allows the Coast would be paying $4.05. raised it. Guard to work with Southwest Lou- What’s the solution? One, use our Mr. LATOURETTE. I thank the isiana authorities and Texas authori- abundant natural resources in our Chair. ties in this situation. We shouldn’t country, coal-to-liquid technologies. In The second colloquy, if you’d be kind handcuff these communities in this ef- Illinois alone we have 250 years’ worth enough to engage in a colloquy relative fort. of energy just waiting to be brought on to the delegation of certain functions So I urge the adoption of the amend- line, turned into liquefied fuel, low- of the Coast Guard to classification so- ment as we go forward with this bill. ering the cost of diesel to our Coast cieties. Mr. OBERSTAR. Mr. Chairman, Guard, saving the taxpayers money. Mr. OBERSTAR. Of course. Please could the gentleman yield 15 seconds? But we won’t move on any bill that proceed. The CHAIRMAN. The gentleman’s brings on fossil fuels and expansion of Mr. LATOURETTE. Mr. Chairman, time has expired. fossil fuels on this floor. Shame on us. the unnumbered section in your

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00007 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.000 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6890 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 April 24, 2008 amendment that replaces section 318 as navigation devices, commonly known imous consent request to the gen- reported by the Transportation and In- as Portable Pilot Units. These devices tleman from Washington (Mr. BAIRD). frastructure Committee adds a new are an easy and practical way to im- Mr. BAIRD. I thank the Chairman for the subsection, subsection (d), to section prove maritime safety and to protect time and applaud him for his leadership of the 3316 of title 46 of the United States our environment. Transportation and Infrastructure Committee. I Code. Under paragraph (2) the Sec- I want to thank the chairman of the also want to thank him and Subcommittee retary may delegate the Coast Guard’s subcommittee, Mr. CUMMINGS, and the Chairman CUMMINGS for their work in bringing authority to a foreign classification so- chairman of the full committee, Mr. this bill to the floor. ciety ‘‘to the extent that’’ the govern- OBERSTAR, and the ranking member, I rise today in support of the Coast Guard ment of the society’s home country, Mr. LATOURETTE, for working with us Authorization Act. This bill makes important one, accepts plan review, inspections, to include this language. I think it’s strides in strengthening the modern day mis- or examinations conducted by ABS, very important language that could sion of our Coast Guard and enhancing our and, two, provides to ABS equivalent prevent these kinds of accidents from national security. access to inspect, certify, and provide happening in the future. Also included in this bill is language clari- related services to offshore facilities Mr. OBERSTAR. Mr. Chairman, I fying the rule related to the taxation of inter- under that country’s jurisdiction. yield 1 minute to the gentlewoman state waterway workers. Under current law, I understand that some foreign coun- from California (Ms. RICHARDSON). most employees whose jobs require them to tries do not use a delegation system Ms. RICHARDSON. Mr. Chairman, work in multiple states, such as our rail and but instead accept plan reviews, inspec- there is no question that America en- airline workers for example, are taxed only by tions, or examinations performed by trusts the Coast Guard to secure and their state of residence. This has previously classification societies as part of a properly maintain and administer not been true for waterway workers. In an ef- comprehensive operating plan sub- America’s waterways and port facili- fort to address the unsettled tax situation of mitted by the offshore leaseholder. ties. The task before this Chamber waterway workers throughout the country, I Concerns have been raised that the today is not about oil prices. In fact, authored legislation in the 106th Congress Secretary may construe acceptance of it’s about the Coast Guard and their called the ‘‘Transportation Employment Fair the ABS plan reviews, inspections, or ability to quickly and effectively re- Taxation Act.’’ The legislation barred states examinations as part of those com- spond to intense demands. from taxing a nonresident waterway worker prehensive plans to be something less Americans live along the coast, and ‘‘who performs regularly-assigned duties while than full acceptance of plan review, in- they depend upon the Coast Guard to engaged as a master, officer, or crewman on spections, or examinations in the provide that layer of protection and se- a vessel operating on the navigable waters of United States, thus limiting the work curity. In California, where the 11th more than one state.’’ As the House report for that classification societies District resides, 2,600 active and 3,500 this legislation stated, the purpose of the legis- headquartered in those companies volunteer auxiliaries have saved over lation was to ‘‘prohibit any State from taxing could perform in the United States and 500 lives. Properly funding the Coast the income of a non-resident interstate water- limiting the work that ABS can per- Guard’s programs through this legisla- way worker.’’ The Senate version of this legis- form in foreign offshore markets. tion of H.R. 2830 will not only enhance lation was signed into law on November 9, Would the Chair be willing to work in marine safety but reduce the risk of 2000. conference to clarify what constitutes maritime terrorism on some of our Na- Unfortunately, I have recently been made fair and full access by ABS to work in tion’s most sensitive ports. aware of a 2006 decision by one state’s tax foreign offshore markets and by foreign The CHAIRMAN. Each side has 30 court that is inconsistent with the intent of the classification societies headquartered seconds remaining. 2000 law. The court concluded that because in countries which do not use delega- Mr. LATOURETTE. Mr. Chairman, to the bill uses the word ‘‘of’’ instead of ‘‘in,’’ it tion schemes to work domestic offshore close the debate on our side, and I hope only applies the waterways that are owned markets? that Homeland Security, if they don’t jointly by more than one state. This was not Mr. OBERSTAR. I thank the gen- use all their time, can give him more the intent of the 2000 law. The legislative his- tleman for raising this very complex time, I yield 30 seconds to a distin- tory at the time makes clear that it was not the issue on which we’ve devoted an enor- guished member of the full committee, intent of the law. And I know what the intent mous amount of time and visited with the gentleman from Michigan (Mr. was because I authored the legislation. the Norwegian Ambassador and other EHLERS). The legislation before us today makes a interests, the American Bureau of Mr. EHLERS. Today is a great day slight wording change to the 2000 law to clar- Shipping and others, and I’m com- for the Great Lakes and the coastal ify that the law is intended to apply to all inter- mitted to working with the gentleman areas. Today is a terrible day for the state waterway workers on all waterways, not to resolve this issue in an equitable zebra mussels. just workers who work on waterways that are and fair manner as we proceed forward And I want to thank Chairman OBER- jointly owned by two or more states. It is my with it. STAR and Ranking Member sincere hope that this minor change will, in no Mr. LATOURETTE. I thank the LATOURETTE for their good work on uncertain terms, make clear that states are Chair. this bill, because it contains measures prohibited from taxing the income of a non- Mr. Chairman, at this time I reserve to inspect and treat and exchange bal- resident interstate waterway worker. I want to the balance of my time. last water to prevent any more of those make clear that this is the intent of the lan- Mr. OBERSTAR. Mr. Chairman, I nasty invasive alien species from get- guage in the bill before us today, and it re- yield 1 minute to the gentlewoman ting into this country, and into its wa- mains the intent of the law I authored in 2000. from California (Mrs. TAUSCHER). ters. It now costs us about $13 billion Mr. OBERSTAR. Mr. Chairman, I Mrs. TAUSCHER. Mr. Chairman, I every year for the damage caused by yield myself the balance of my time. rise in strong support of H.R. 2830, the invasive species. This bill will help I first thank the gentleman from Coast Guard Authorization Act. stop any future species from coming in, Ohio for his very generous and very In November of last year, the con- and I hope we will be able to develop kind and thoughtful remarks. I greatly tainer ship COSCO BUSAN collided methods of treating these critters so appreciate the camaraderie we share with the San Francisco Bay Bridge and that we can get rid of them and once and the partnership in doing the work spilled 58,000 gallons of bunker fuel again enjoy the pure waters of this of the committee. into San Francisco Bay. The spill was country the way we should. And I want to thank the gentleman one of the worst environmental disas- So thanks again to both of you for from Michigan, who gave most insight- ters in San Francisco Bay history. doing this, and let’s get out there and ful comment on this whole bill. It is a I have included language in this bill fight those nasty zebra mussels! bad day for zebra mussels and spiny that would require the Coast Guard to Mr. OBERSTAR. Mr. Chairman, I echinoderms and a whole host of other have marine pilots carry their own yield for the purpose of making a unan- invasive species that we’re going to

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00008 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.000 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 6891 deal with severely as this bill moves to With that, I reserve the balance of attempted to approach all of our prob- enactment. my time. lems with respect to homeland secu- I do want to observe that the gentle- Mr. THOMPSON of Mississippi. Mr. rity, that is with a risk-based ap- woman from California (Ms. WOOLSEY) Chairman, I yield myself such time as proach, the language adopted by the is concerned about five Bay Area light- I may consume. other committee, I fear, abandons the houses, Point Montara, Alcatraz Is- Mr. Chairman, H.R. 2830 is an impor- risk-based approach and assumes a land, Lime Point in Fort Baker, Point tant milestone in protecting our Na- cookie cutter, one-size-fits all ap- Diablo, and Point Bonita, and we will tion’s port and maritime security. It is proach. work with the gentlewoman and the the first bill to provide adequate re- My friend from Ohio (Mr. Coast Guard to expedite transfer of sources to an agency that has been sys- LATOURETTE) has an amendment that those Coast Guard facilities to the U.S. tematically underfunded for years. would clarify that State and local re- Park Service. H.R. 2330 authorizes 1,500 additional sources can be considered when identi- And, again, I want to say, as I did at Service Members, more Maritime Secu- fying resources available to provide the the outset, we took our time all rity Response Teams, more Canine De- newly mandated security patrols, and I through last year and part of this year tection Teams, and the Waterway would hope that his amendment would to craft a splendid bill in an inclusive Watch program. be adopted. manner, hearing out the concerns of This bill was favorably reported by I am also very concerned about two the Coast Guard and addressing exten- my committee on a bipartisan basis entire titles that were added to the bill sively the concerns of the Republican last fall. Representative KING and I after they were considered by four members of the committee to be thor- share a commitment to the Coast committees of jurisdiction. A new title ough and produce the best bill possible, Guard. I am pleased that we were able X shifts 80 percent of the Coast Guard’s and we are happy to bring this bill in to work together to give the Coast Administrative Law Judge resources good time to the House floor today. Guard the resources it needs. For too and several of the Coast Guard’s ALJ The CHAIRMAN. Pursuant to the long, the Coast Guard has had to make authorities to the National Transpor- Chair’s prior announcement, the gen- do with aging assets that do not meet tation Safety Board. This is being pro- tleman from Mississippi (Mr. THOMP- the challenges of a 9/11 world. The posed as over 1 million TWIC cards are SON) and the gentleman from California Coast Guard is actually still operating being issued to our rail, truck, and port (Mr. LUNGREN) each will control 10 boats that were used during World War workers. These are those biometric minutes. II. It is time that these boats were re- cards that we have spent so much time The Chair recognizes the gentleman tired and newer assets brought into developing and hoping that it would fi- from Mississippi. service. These boats, however, must nally get in place. Mr. THOMPSON of Mississippi. Mr. work. The effect of this provision, I fear, Chairman, I believe the gentleman Unfortunately, the Coast Guard has could leave only two ALJs, that is Ad- from California wants to engage in a accepted, under the Deepwater con- ministrative Law Judges, to hear any colloquy, so I reserve the balance of my tract, boats that can’t even float. That appeals to TWIC denials. That has been time. is unacceptable. The American public one of the great concerns we have had. Mr. DANIEL E. LUNGREN of Cali- and the men and women of the Coast If we have this TWIC system set up, fornia. Mr. Chairman, I thank the gen- Guard deserve better. The Homeland how can people appeal if they have tleman from Mississippi, and before we Security Committee has added the been denied their TWIC cards. This begin our debate on the Coast Guard Deepwater reform provisions during would dramatically slow the appeals Authorization Act for 2008, I yield my- our markup to get this critical pro- process, to the detriment of port secu- self such time as I may consume for gram back on course. rity and our Nation’s port workers, the purposes of a colloquy with Mr. I would like to thank Chairman who are relying on a timely adjudica- THOMPSON. OBERSTAR and Chairman CUMMINGS for tion of a TWIC for their livelihood. Mr. THOMPSON, would you please join displaying a willingness to work with As a recent letter from TSA opposing me in remembering the sacrifice of me to bring this bill to the floor. I urge this proposal states, ‘‘ALJs at the Damage Controlman Third Class Na- passage of this important legislation Coast Guard have built up expertise in than B. Bruckenthal of the U.S. Coast that will significantly improve the se- transportation security matters, and I Guard, who was killed off the coast of curity of our Nation’s maritime envi- fear this provision will negatively im- Iraq on this date in 2004? He was the ronment. pact not only TWIC, but other pro- first U.S. Coast Guardsman to have I reserve the balance of my time. grams as well, including hazardous ma- been killed in battle since the end of Mr. DANIEL E. LUNGREN of Cali- terials endorsement, and may result in the Vietnam War. fornia. Mr. Chairman, I yield myself even higher fees for these workers.’’ I yield to the gentleman from Mis- such time as I may consume. Mr. OBERSTAR. Would the gen- sissippi. First of all, let me thank Chairman tleman yield? Mr. THOMPSON of Mississippi. I THOMPSON for his and his staff’s hard Mr. DANIEL E. LUNGREN of Cali- thank the gentleman for yielding. work in reporting a bill from our Com- fornia. I would be happy to yield, yes. Mr. Chairman, Petty Officer mittee on Homeland Security in Sep- Mr. OBERSTAR. Just briefly to clar- Bruckenthal and two Navy petty offi- tember that I believe was the result of ify that point. We do not transfer ALJs cers were killed during a coordinated solid bipartisan compromise, and for from the Coast Guard. We leave those suicide attack on the oil platforms off Chairman THOMPSON’s continued co- in place, just transfer the venue, and the coast of Iraq. These men offered operation over the past several months we will provide both in this bill and in what President Lincoln referred to as as the committee worked to bring this the subsequent NTSB authorization ‘‘the last full measure of devotion’’ for bill to the floor. funding for additional ALJs at the their country. Obviously, we have heard from those NTSB, as we did in aviation. of the Transportation and Infrastruc- Mr. DANIEL E. LUNGREN of Cali- b 1115 ture Committee many of the good fornia. I hope that is true, reclaiming Mr. DANIEL E. LUNGREN of Cali- things in this bill. I must say, however, my time. fornia. Reclaiming my time, Petty Of- I am disappointed that the Transpor- Mr. OBERSTAR. I just tell the gen- ficer Bruckenthal is survived by his tation and Infrastructure Committee tleman that is the case. wife Patricia and their daughter Harp- largely ignored the committee on Mr. DANIEL E. LUNGREN of Cali- er. We all join in thanking them for Homeland Security’s improvements, fornia. Well, the effect of the provision their sacrifice. Petty Officer particularly to those provisions relat- is to take 80 percent of the resources Bruckenthal represented the very best ing to LNG security. that are currently allocated to the of the U.S. Coast Guard and what it has While our committee’s approach was ALJ, Administrative Law Judge pro- to offer. reasonable and risk-based, as we have gram, and that in effect would make it

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00009 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.000 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6892 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 April 24, 2008 very, very difficult for them to con- tration. ALJ coverage, budgeting, processing States, and have done so, would be tinue, since they have a total of seven time, and even geographic availability would equally capable of transporting weap- ALJs, and if you take 80 percent of the have to be reassessed and reestablished, a ons of mass destruction or would-be process that may take several years. funding, I believe that would leave us In addition, TSA’s HME and TWIC are fee- terrorists. They are immediately scut- with about 20 percent. based programs. TSA developed its fee mod- tled, once detected, making prosecu- I would like to include a copy of this els based on Coast Guard cost estimates and tion nearly impossible. So I hope that letter from TSA in the RECORD. processing models. If conditions necessitate this amendment, when considered, U.S. DEPARTMENT OF HOMELAND SE- TSA’s seeking ALJ services outside Coast would be approved on this floor. CURITY, TRANSPORTATION SECU- Guard, this could affect program costs, and If these concerns are not adequately RITY ADMINISTRATION, consequently, fees for applicants. addressed here on the House floor, I Arlington, VA. I would appreciate your consideration of would look forward to working with Hon. PETER T. KING, TSA’s concerns about the potential adverse the Senate in a conference to ensure impact of Title X on the efficient adjudica- Ranking Member, Committee on Homeland Se- that the men and women of the Coast curity, tion of important TSA security cases. Identical letters have been sent to the Guard have the resources it needs to House of Representatives, Washington, DC. continue to protect the citizens of the DEAR CONGRESSMAN KING: I am writing to Chairman of the House Homeland Security express the Transportation Security Admin- Committee as well as the Chairman and United States. The Coast Guard is one istration’s (TSA) strong opposition to Title Ranking Member of the House Committee on of the jewels of our overall executive X—Appeals to National Transportation Safe- Transportation and Infrastructure. Please do branch, particularly in DHS, and this ty Board (NTSB) of the manager’s amend- not hesitate to contact Ms. Claire Heffernan, bill, this reauthorization bill recog- ment to H.R. 2830, the ‘‘Coast Guard Author- Acting Assistant Administrator for Legisla- nizes that. Although it has some de- ization Act of 2007.’’ Title X would transfer tive Affairs, at (571) 227–2717 if you have any fects, as I mentioned, I hope we can Coast Guard Administrative Law Judge questions about this matter. Sincerely yours, work those out. (ALJ) authority for review of merchant mar- With that, I would reserve the bal- iner documentation and 80 percent of the KIP HAWLEY, Assistant Secretary. ance of my time. Coast Guard ALJ budget to the NTSB. This Mr. THOMPSON of Mississippi. Mr. could have an adverse impact upon the adju- The second new title, title XI, cre- Chairman, for the sake of clarifying an dication of TSA’s civil enforcement cases ates an assistant commandant for ma- issue brought up, I would like to yield and anticipated cases dealing with the rine safety and a vast new super struc- 15 seconds to the chairman of the full Transportation Worker Identification Cre- ture, including Marine Safety Spe- T&I Committee, Mr. OBERSTAR. dential (TWIC) program. cialist, that receive special benefits TSA questions whether sufficient legal, ad- Mr. OBERSTAR. I just wanted to re- ministrative, and budget resources will con- such as geographic stability and spe- affirm for my colleague in the Hip Re- tinue to be provided to the Coast Guard to cial promotion system. It provides for placement Caucus from California that support its remaining ALJ functions, includ- the possibility of additional pay for when we transferred authority from ing adjudication of TSA security cases. Coast Guard personnel in the marine the FAA to the NTSB for aviation ap- For more than 5 years, TSA has been ex- safety field. Unfortunately, with no re- peals, we provided authority, funding, tremely well served by the Coast Guard gard for those Coast Guard men and ALJs as fair, impartial, and responsive adju- and we went to the Appropriations women engaged in other critical, dan- Committee to seek additional moneys, dicators in security cases involving individ- gerous missions like search and rescue, uals in the transportation sector. Under an and were successful in doing that. We interagency agreement, Coast Guard ALJs national defense, and port security. I are committed to doing the same in the play a major role in TSA’s enforcement and wonder if we really want to do that. case of the Coast Guard. Again, we will security credentialing programs. They adju- It appears to elevate the Coast provide in the NTSB authorization ad- dicate aviation security civil penalty cases, Guard’s marine safety mission above ditional ALJ personnel for these ap- Hazardous Materials Endorsement (HME) all others. Most notably, the Com- peals. and TWIC denials of requests for waivers and mandant of the Coast Guard has real Mr. THOMPSON of Mississippi. Mr. appeals from individuals who have received a and serious concerns about this reorga- Chairman, I recognize the gentleman Final Determination of Threat Assessment; nization language that has never been appeals by air cargo workers who have re- from Rhode Island (Mr. LANGEVIN) for 2 ceived a Final Determination of Threat As- considered by any committee, to my minutes. sessment; and appeals by individuals holding knowledge. I would think we would Mr. LANGEVIN. Mr. Chairman, I rise or applying for Federal Aviation Administra- want to seriously deliberate these pro- today in strong support of the Coast tion certificates, ratings, or authorizations visions in an open forum and give the Guard Reauthorization Act of 2008, who have received a Final Determination of Commandant an opportunity to voice H.R. 2830, which will allow the Coast Threat Assessment. his concerns to the Congress. Guard to appropriately balance its dual In the absence of sufficient ALJ legal and Mr. BROUN of Georgia has introduced missions of safety and security. In the administrative resources at the Coast Guard, an amendment stripping these two past few years, we have increasingly TSA does not regard NTSB ALJs as a good problematic titles so they can be con- alternative. Coast Guard ALJs have substan- depended on the Coast Guard to ensure tial expertise in fair adjudication of security sidered on their merits by the appro- our shores against drug smuggling, programs. NTSB ALJs do not have expertise priate congressional committee, and I acts of terrorism, and other suspicious in transportation security matters. As TSA am pleased that his amendment has activity, while simultaneously keeping continually expands the implementation of been made in order. recreational and commercial boaters the TWIC program and the Coast Guard en- Other improving amendments offered safe. forces it at our Nation’s seaports, TSA and by the Committee on Homeland Secu- Unfortunately, the Coast Guard has TWIC applicants will benefit from the sub- rity members include Mr. BILIRAKIS of been required to do more with less. stantial experience Coast Guard ALJs have Florida, an amendment to make the This important measure will reverse in the maritime security environment. In addition, Coast Guard ALJs have been Coast Guard’s incredibly successful bi- that trend by providing an additional sensitive to the challenges faced by individ- ometric identification pilot program 1,500 Coast Guard personnel and $8.4 uals representing themselves in a formal ad- more permanent. I hope this amend- billion in increased funding to ensure ministrative process and have worked with ment is adopted. It will help us posi- that the Coast Guard can carry out all TSA to develop simplified procedures. tively identify individuals with weap- of these responsibilities successfully. I TSA and Coast Guard have worked to- ons, drug trafficking, and murder con- am particularly pleased this bill will gether for years to establish caseload man- victions, and help us keep them out of increase oversight and efficiency of the agement procedures, agreements, and fund- the United States. Transportation Worker Identification ing processes to efficiently handle TSA Both Mr. POE and I are offering an Credential, or the TWIC program as it’s cases. For example, the Coast Guard serves as TSA’s Docketing Center for its formal amendment with language to make op- known, which has encountered numer- hearing process. Shifting the workload to erations of the stealth mini submarines ous problems since its inception nearly ALJs of another agency would create a huge illegal. These subs, which can carry up 6 years ago. Many businesses, particu- setback for TSA enforcement and adminis- to 10 tons of cocaine into the United larly those in my home State of Rhode

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00010 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.000 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 6893 Island, particularly those hiring sea- THOMPSON and Subcommittee Chair the Merchant Mariner Medical Advisory Com- sonal and temporary employees have ELIJAH CUMMINGS on this Coast Guard mittee, and codified various provisions relating experienced economic hardship under bill that all of us have worked on. As to Coast Guard personnel matters. the program. But the bill before us will the Chair of the Transportation Secu- For some years now, I have been con- help fix many of the problems associ- rity Subcommittee of Homeland Secu- cerned about the diversion of Coast Guard re- ated with the TWIC program. rity, I can assure you that the idea of sources from their historic missions of search Finally, H.R. 2830 will require the overcoming the administration’s veto and rescue and marine safety, to homeland Coast Guard to protect and enforce se- on the question of LNG security is security missions. Since the creation of the curity zones around all existing lique- going to be an important stand today Department of Homeland Security, and the fied natural gas, or LNG facilities, and as we vote for this bill. Coast Guard’s inclusion in the Department, one of the greatest challenges has been en- encourages State and local entities to b 1130 assist the Coast Guard with this impor- suring that the funds that the Coast Guard tant mission. This provision will allow The language that speaks to the LNG have traditionally received in order to perform LNG facilities to safety operate in security is a fair statement. It gives their duties remain intact so that they can fulfill densely populated areas, such as those the Coast Guard flexibility. It allows the responsibilities that American citizens rely in my home State of Rhode Island. them to make an assessment, and it is on them to perform, namely ensuring the safe- In closing, Mr. Chairman, I commend the right thing to do. Coming from the ty of our Nation’s seas, lakes, rivers, and both Chairman THOMPSON and Chair- City of Houston, with a very large port, ports. man OBERSTAR for their leadership in I understand the need to protect the Mr. Chairman, we have to ensure that the bringing this bill to the floor today, surrounding communities and the im- Coast Guard will get their full funding which is and I urge my colleagues to support portance of LNG security. absolutely necessary to carry out their respon- the measure. In addition, I am grateful that I have sibilities, and that is precisely what this legisla- Mr. DANIEL E. LUNGREN of Cali- an amendment going forward that will tion does. This act authorizes appropriations fornia. At this time, Mr. Chairman, I help expedite the TWIC card for so for FY2008 for the Coast Guard. Furthermore, would like to yield 2 minutes to the many who have not yet gone through this act also authorizes the FY2008 levels of gentleman from Michigan. the process, to make an assessment by Coast Guard active duty military personnel Mr. KNOLLENBERG. I thank the the Coast Guard of the necessity of and average military training student loans, al- gentleman from California for yielding more resources, of keeping the facility lowing for sufficient human resources for the time. open 24 hours a day and making sure Coast Guard to achieve its designated goals. I rise today in defense of the most that this TWIC process goes in order to This bill explicitly authorizes end-strength by important resource in my home State secure those. 1,500 members to 47,000 and increasing of Michigan, the Great Lakes. The I am also grateful that we have in- Coast Guard funding to $8.4 billion which has Coast Guard bill contains a measure creased the Coast Guard overall to not been done since the 1970s. that will strengthen ballast water 47,000 and that the underlying bill re- The act also includes provisions regarding treatment requirements for oceangoing focuses on the value of the Coast shipping and navigation, vessel size limits, ships. For years, these ships have Guard, both in terms of their standard maritime drug law enforcement, fishing vessel safety, liability limits for natural gas deepwater brought with them the scourge of duties, but also the new enhanced duty ports, claims against the Oil Spill Liability Trust invasive species. I am proud to support for security. Fund, dry bulk cargo rescue, merchant man- these new treatment requirements and I hope that as we move TSA adminis- trative law judges, however, that we ner matter, and security. consider them an important move to Mr. Chairman, I was pleased to work with protect our Great Lakes waters for will find a way to ensure that TSA is not impacted negatively and that we Chairman THOMPSON and offer an amendment generations to come. during our Homeland Security Committee While not all invasive species have will have oversight to ensure that this process will continue to work. markup to this important legislation, which I made their way into the Great Lakes felt improved the bill. My amendment man- Again, Mr. Chairman, this is an im- through untreated ballast water, bal- dated the creation of a strategic plan to utilize portant legislative initiative. This last water still remains one of the most assistance programs to assist ports and facili- again is the Homeland Security Com- common avenues into the Great Lakes ties that are found by the Secretary not to mittee and the Transportation Com- for destructive aquatic invasive spe- maintain effective anti-terrorism measures. I mittee and the two chairpersons and cies. The ballast water treatment pro- am also offering an amendment on the House committee members working harmo- visions included in this bill will go a floor today calling on the Secretary of Home- niously together, recognizing that the long way toward keeping invasive spe- land Security to examine the challenges and bottom line of what we do on the floor cies out of the lakes. Requiring ships delays faced by transportation workers seek- today and what we do for the American to exchange their ballast water 200 ing to obtain TWIC cards at enrollment sites miles outside the U.S. will help solve people is to ensure their security. We and mandates the development of timelines the problem in the short term before have done that today. and benchmarks for implementing the findings ships are required to have the ballast I ask my colleagues to enthusiasti- of this assessment. water treatment equipment installed cally vote for this legislation. Mr. Chairman, every year, 95 percent of the in their ships in 2015. Mr. Chairman, I rise in strong support of goods coming into the United States arrive at We in Michigan face threats to our H.R. 2830, the Coast Guard Authorization Act our Nation’s seaports. These goods are Great Lakes from many angles, from of 2007, introduced by my distinguished col- shipped from ports around the world, some those who try to pollute them, to those league from Minnesota, Representative OBER- from developed countries and others from de- who try to take our water. I am proud STAR. This important legislation will provide veloping countries. I am particularly concerned today that we have successfully our Nation’s Coast Guard with the resources it about ports in developing countries. Devel- strengthened the ballast water treat- needs in order to successfully execute all its oping countries have limited resources which ment requirements that will protect missions. means their ability to maintain effective anti- the health of our Great Lakes. As a member of the Homeland Security terrorism measures is limited. I thank, again, the gentleman from Committee, I believe protecting our Nation by We cannot allow terrorists to exploit this lim- California for yielding time. air, land, and sea to be critical to our national itation. Rather, we should work with devel- Mr. THOMPSON of Mississippi. Mr. security interests. This bill, the Coast Guard oping countries and others to build up their Chairman, I yield 2 minutes to the Authorization Act of 2007, sets forth various anti-terrorism measures. This assistance will gentlelady from Texas (Ms. JACKSON- provisions that will be beneficial to our mari- benefit all of us. The developing countries will LEE). time interests, and consequently to our na- gain the support they need, and we will close Ms. JACKSON-LEE of Texas. Mr. tional security. Included in the provisions are a potential gap in our own supply chain. Every Chairman, let me thank both Chairman the establishments of grants for international gap we close is one less gap that can be ex- OBERSTAR and of course Chairman maritime organizations, the establishment of ploited by terrorists. I am pleased that this bill

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00011 Fmt 0688 Sfmt 9920 E:\BR08\H24AP8.000 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6894 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 April 24, 2008 requires the Department of Homeland Security Texas as well in my district of Houston. For useful part of not only our national defense to develop a strategic plan to utilize existing example, a marine worker enrolled at the strategy but also to protect us and the envi- assistance programs to assist foreign ports Houston Port enrolled on December 13, 2007. ronment from those threats by sea. and facilities that are found by the Secretary To date, he still does not yet have a TWIC The CHAIRMAN. The Chair would not to maintain effective anti-terrorism meas- card. He remained on hold for 4 hours and 10 advise that the gentleman from Cali- ured. This bill furthermore authorizes the minutes and was finally told by the operator fornia has 30 seconds remaining and Coast Guard to lend, lease, and donate equip- that he would have to return to Houston to be the gentleman from Mississippi has 33⁄4 ment and provide technical training to non- fingerprinted again after APR. Incidentally, a minutes remaining. compliant foreign ports or facilities. The mul- representative of Higman Marine Services, Mr. DANIEL E. LUNGREN of Cali- tiple layers of security enhancement author- Inc. asked the same question about their em- fornia. Mr. Chairman, I reserve the bal- ized in this legislation will minimize the ability ployee, and she was told that he should not ance of my time. of terrorists to target to maritime commerce return until June. This blatant inconsistency in Mr. THOMPSON of Mississippi. Mr. and negatively impact the global supply chain. service and information is simply unaccept- Chairman, I yield 2 minutes to the gen- I am pleased that the Coast Guard Author- able. Furthermore, another transportation tlewoman from California (Ms. LORET- ization Act of 2007 includes specific provisions worker went to the Beaumont center about TA SANCHEZ), who has been a leader on this issue on the committee, as well as relating to Minority Serving Institutions (MSls). three weeks ago to pick up his TWIC after one who is vitally interested in the re- Within this legislation, MSls are defined as a being notified it was ready. He traveled from porting of various sexual assaults at historically Black college or university, a His- Hemphill, TX (117 miles) and was told that the panic serving institution, a Tribal College or the Academy. card was accidentally shipped to Houston and Ms. LORETTA SANCHEZ of Cali- University, a Predominantly Black institution, he could drive there (85 miles) to pick it up. fornia. Mr. Chairman, I thank both my or a Native American-serving institution. Sec- He presently does not have his card. The list chairmen for the time. tion 901 of this important legislation states that of incidences in which workers have to contin- I rise today in support of H.R. 2830, the Commandant shall establish a manage- ually overcome structural impediments is too the Coast Guard Reauthorization Act. ment internship program for students at MSls, long for me to name. It is from my concern for As the chairwoman of the Homeland enabling them to intern at Coast Guard head- these workers that I have introduced my Security Subcommittee on Border, quarters or Coast Guard regional offices in an amendment. Maritime, and Global Counterterror- effort to support the development of civilian, My amendment calls for the Secretary of ism, I have the jurisdiction over the career-midlevel, and senior managers for the Homeland Security to compile an assessment Coast Guard’s security missions. I am service. This legislation furthermore instructs of the enrollment sites for transportation secu- very pleased that the Homeland Secu- the Coast Guard to work with the National As- rity cards issued under 7 section 70105 of title rity Committee had the opportunity to sociation for Equal Opportunity in Higher Edu- 46, United States Code within 30 days of en- mark up this legislation and that we cation, the Hispanic Association of Colleges actment. The assessment should, at a min- included several provisions that will and Universities, and the American Indian imum, examine: the feasibility of keeping strengthen the Coast Guard’s maritime Higher Education Consortium to create this in- those enrollment sites open 24 hours per day, security activities. ternship program and authorizes $2 million to and 7 days per week, in order to better handle This bill increases the Coast Guard’s be appropriated to this program. the large number of applicants for such cards; end strength by 1,500 members to en- Mr. Chairman, I have long stressed the im- the feasibility of keeping those enrollment sites sure that there are adequate personnel portance of including this Nation’s MSIs in the open after September 25, 2008; and the qual- to carry out all of the Coast Guard’s effort to secure our Nation. Section 903 of this ity of customer service, including the periods missions. This addresses my long- legislation states that the Commandant shall of time individuals are kept on hold on the standing concerns about inadequate establish Guard. Laboratory of Excellence-MSI telephone, whether appointments are kept, staffing at the Coast Guard. a Coast Cooperative Technology Program at and processing times for applications. The legislation also requires the use three minority serving institutions to focus on My amendment furthermore calls on the of security zones around all liquefied priority security areas for the Coast Guard, Secretary of Homeland Security to develop natural gas, or LNG, facilities. This is such as global maritime surveillance, resil- timelines and benchmarks for implementing a critical step in stopping these facili- ience, and recovery. It also calls on the Com- the findings of the assessment as the Sec- ties from becoming targets as the num- mandant to encourage collaboration among retary deems necessary. By identifying the ber of LNG imports increases. the minority serving institutions selected to areas in which enrollment sites for homeland This bill will also improve the lot of participate in the cooperative technology pro- security cards are ineffective and inefficient the Transportation Worker Identifica- gram and institutions of higher education with and creating a timeline through which to im- tion Credential, or the TWIC, by pro- institutional research and academic program plement necessary changes and benchmarks viding more facilities where workers resources and experience. These and other to ensure their progress and accountability, we can submit their fingerprints so they measures included within this bill are abso- will make this Nation a safer place accessible can enroll in TWIC more efficiently lutely imperative as the Office of Workforce to labor and operations alike. and meet the September 25, 2008, dead- Planning has recently revealed that only 5 per- Mr. Chairman, the Transportation Security line. This affects 650,000 port workers. cent of the officer corps is African American Administration has expressed some concern In addition, the legislation enhances and only 12 percent of the officer corps is over Title X of this legislation. Title X would oversight of TWIC by requiring reports comprised of ethnic minorities, while in the last transfer Coast Guard Administrative Law to Congress and the GAO on ongoing 3 years the numbers of minority ascensions Judge (ALJ) authority to review merchant mar- program implementation. have actually decreased. iner documentation as well as 80 percent of H.R. 2830 requires the establishment The Coast Guard Authorization Act of 2007 the ALJ budget to NTSB. I understand the of an additional maritime security re- also increases oversight and efficiency of the TSA’s concern that such a step might have an sponse team. Currently there is only TWIC program, which was originally mandated adverse impact on anticipated cases dealing one in the Nation, and it is based on 6 years ago, yet continues to flounder. To with TWIC and adjudication of TSA’s civil the east coast. It makes sense to have date only 230,000 out of an estimated 845,000 cases, and I am committed to working with a second one, because, of course, there applicants have enrolled in the TWIC program, TSA to ensure that the execution of this legis- are plenty of people on the west coast, while the deadline for enrollment is September lation is beneficial to all parties involved. and we need it. 25, 2008. While this provision of the Coast Long before the horrific events of Sep- I urge all of my colleagues to support Guard Authorization is both timely and impor- tember 11, 2001, citizens of American relied this legislation and its many provi- tant, there is still more which must be done in upon the Coast Guard to ensure the safety of sions. It strengthens the security oper- order to ensure that the program is both effec- our waterways, and we depend on them still. ations and the safety operations that tive and efficient, which is why I have offered Therefore, I urge my fellow members of Con- our Coast Guard does. an amendment. gress to also support the Coast Guard Author- Thank you, Mr. Chairman. I want to I would like to reiterate only a few of the ob- ization Act of 2007 and ensure this rich and thank all of those who worked so hard stacles that workers have faced in my State of necessary tradition remains a thriving and on this bill.

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00012 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.000 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 6895 Mr. DANIEL E. LUNGREN of Cali- measures for all extremely hazardous car- APRIL 15, 2008. fornia. Mr. Chairman, I reserve the bal- goes. In the Statement of Administration DEAR ADMIRAL ALLEN: We are sending you ance of my time. Policy on H.R. 2830, the Administration has this letter to express our gratitude for the stated that, if the bill is presented to the personal attention you have given Coast Mr. THOMPSON of Mississippi. Mr. Guard’s Marine Safety program the past sev- Chairman, I have no more speakers. If President with this provision, his senior ad- visors would recommend that he veto the eral months. Industry and Congressional the gentleman from California has no bill. concern for Coast Guard performance of this more speakers, then I am prepared to Among the others is one that, while simi- vital mission needed addressing from the close after the gentleman closes. lar to the Administration’s proposal, fails to top. Your personal outreach to the stake- The CHAIRMAN. The gentleman authorize the President to appoint officers to holders as well as the plans your staff devel- from California is recognized for 30 sec- positions of importance and responsibility to oped to improve the program are making a onds. accommodate organizational change in the difference. We fully support the Marine Safe- Mr. DANIEL E. LUNGREN of Cali- future (Admirals and Vice Admirals). Others, ty Enhancement Plan delivered to Congress on September 25, 2007. This plan appro- fornia. Mr. Chairman, I submit for the primarily involving our important marine safety mission, would statutorily fix the des- priately targets the concerns that have been RECORD two more letters, one from the ignation and duties of other senior Coast voiced by both industry and Coast Guard Commandant of the Coast Guard and Guard officials and officials at all levels of members, and we are seeing progress towards one from four retired admirals of the command, and prescribe inflexible personnel addressing those concerns. We have also been Coast Guard. qualification requirements. Still other provi- closely following the Coast Guard’s historic Mr. Chairman, let me just repeat sions would diminish the Coast Guard’s ca- modernization efforts. Your Headquarters or- some language contained in the Direc- pacity to adjudicate merchant mariner li- ganization modernization plan provides the tor of TSA’s letter to Congressman censing matters efficiently and effectively appropriate level of focus and visibility to implement the marine safety program en- KING, the ranking member of Home- and support other vital security adjudica- tions of the Department of Homeland Secu- hancements. land Security, about the concern I have We fully support Congressional commit- rity (Appeals to National Transportation ment to hold the Coast Guard accountable again about this ALJ question. Safety Board). Still more provisions would for mission performance in Marine Safety, as ‘‘In the absence of sufficient ALJ prescribe contracting and acquisition prac- in all other missions. At the same time, we legal and administrative resources at tices for the Deepwater program, thereby in- believe that you need to have maximum the Coast Guard, TSA does not regard creasing the cost of, and adding delay to, the flexibility in managing Coast Guard forces the NTSB ALJs as a good alternative. Deepwater acquisition process, as well as cir- to achieve mission success. To achieve that Coast Guard ALJs have substantial ex- cumventing the review and approval author- degree of flexibility, the Coast Guard should pertise in fair adjudication of security ity of Coast Guard technical authorities continue its integrated approach to mari- programs. NTSB ALJs do not have the (Coast Guard Integrated Deepwater Pro- time safety, security, and stewardship to en- expertise in transportation security gram). sure our country’s Marine Transportation Among the new provisions is one that dra- matters.’’ System (MTS) operates safely and effi- matically alters admission procedures for ciently. What I have been trying to point out the U.S. Coast Guard Academy. While I have is my concern about the TWIC pro- Above all, we applaud the Coast Guard and discussed Academy admissions several times the Administration’s request for additional gram, that all of us on a bipartisan with Chairman Cummings and we agree that resources to address Marine Safety mission basis here in the House and the Senate our process should yield successful cadets requirements. By increasing capacity and ex- have tried to get up and running. I am and reflect our diverse society, the proposed pertise, the Coast Guard will be able to keep afraid that while I appreciate the gen- Congressional nomination process deserves stride with the rapidly growing MTS and tleman from Minnesota’s clarification full discussion and deliberate consideration. provide the level of services that maritime of his intent to do something in the fu- Other new provisions that affect how we exe- stakeholders expect and deserve. cute our missions deserve similar scrutiny. We stand ready to assist in achieving the ture, I am concerned about the exper- Conversely, the bill omits the Administra- Coast Guard’s Marine Safety goals. tise being removed at a time when we tion proposal for much needed enhanced au- Sincerely, need it. thority to prosecute those who would smug- VADM JAMES C. CARD, U.S. DEPARTMENT OF HOMELAND SE- gle undocumented aliens into the United U.S. Coast Guard, Ret. CURITY, UNITED STATES COAST States by sea (Maritime Alien Smuggling RADM PAUL J. PLUTA, GUARD, Law Enforcement Act) and the Administra- U.S. Coast Guard, Ret. Washington, DC, April 23, 2008. tion’s proposal to protect seafarers who par- RADM ROBERT C. NORTH, Hon. JAMES L. OBERSTAR, ticipate in investigations and adjudication of U.S. Coast Guard, Ret. Chairman, Committee on Transportation and environmental crimes or who have been RADM THOMAS H. Infrastructure, House of Representatives, abandoned in the United States (Protection GILMOUR, Washington, DC. of and fair treatment of seafarers). U.S. Coast Guard, Ret. DEAR CHAIRMAN OBERSTAR: On April 18, the Over the last year in the course of hear- Mr. THOMPSON of Mississippi. Mr. Committee filed with the Rules Committee ings, personal meetings with you, and re- Chairman, I yield myself such time as an amendment in the nature of a substitute gional forums with industry, as well as in my public statements, I have assured you I may consume. to H.R. 2830, that would be retitled the Mr. Chairman, I support H.R. 2830, ‘‘Coast Guard Authorization Act of 2008.’’ and the public that we share a common ob- During numerous meetings and staff-level jective: a robust marine safety program suit- not only for what it does to enhance discussions over several months, we have de- ed to meet the evolving demands of industry port security, but also for what it does scribed how a number of provisions that ap- and the marine public. I am already taking to get the Deepwater program back on pear in this amendment would compromise aggressive steps to right the balance between course. As someone who cares about organizational efficiency and operational ef- our marine safety mission and our other the Coast Guard, it has been disturbing fectiveness, diminish my command and con- vital responsibilities, and improve the effec- to see the mismanagement of the Deep- trol, and ultimately reduce the Coast tiveness, consistency, and responsiveness of water program. Guard’s effectiveness in carrying out its our marine safety program, consistent with This year, a $24 billion effort to mod- the framework I presented to you last Sep- safety, security, and stewardship missions. ernize the Coast Guard’s fleet has suf- We have expressed these and other concerns tember. Legislation such as the provisions I in Department of Homeland Security views describe above was unnecessary to start this fered delays, cost increases and design letters concerning earlier bill language. The process. As I have stated on several occa- flaws that ultimately culminated in amendment also contains provisions neither sions. I am the Commandant and am ac- the idling of eight patrol boats. By the previously shared nor discussed with the countable to you to produce the changes time that these problems were discov- Coast Guard. needed to improve program performance. ered by both the Inspector General of One provision requiring that the Coast Including these provisions and others in an DHS and the Comptroller General, $88 Guard provide security around liquefied nat- Authorization Act that would otherwise be million had been wasted. Both Federal ural gas terminals and tankers is contrary to welcome compels me to strongly oppose the the existing assistance framework, at odds bill. watchdogs have said that program fail- with accepted risk management practices, Sincerely, ures were due to the excessive leeway and would divert finite Coast Guard assets T.W. ALLEN, given the program contractors. from other high-priority missions. I rec- Admiral, U.S. Coast Guard, H.R. 2830 includes provisions that ommend a broader’ discussion of security Commandant. protect American taxpayers by forcing

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00013 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.000 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6896 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 April 24, 2008 the Coast Guard to, for the first time, indigenous species. Moving forward, we must H.R. 2830 takes these necessary steps. manage this contract. Regrettably, the work to ensure States can successfully com- This legislation for the first time creates strong administration in its Statement of Ad- plement Federal regulations in the future, to ballast water management treatment stand- ministration Policy denounced the enhance coordination, and to provide a more ards in statute and requires that ballast water Deepwater provision, which, inciden- comprehensive policy for protecting our wa- treatment technology be installed on board be- tally, was approved by the House on a ters. ginning next year. In addition, the bill requires vote of 426–0 on July 23, 2007. We cannot Mr. Chairman, I am also pleased that this all discharged ballast water to be thoroughly allow the Coast Guard to continue on a bill will support Coast Guard efforts to diversify treated and implements tougher standards be- poorly navigated course. H.R. 2830 will its workforce, by helping to build valuable part- ginning in 2012, with a goal of zero species in steer the Deepwater procurement proc- nerships between the Coast Guard and minor- discharged water by 2015. The manager’s ess in the right direction. ity serving institutions. In 2006, just 16 percent amendment to the bill also includes clarifying Mr. Chairman, for this reason and of the Coast Guard Officer Candidate School provisions to ensure that ballast water man- dozens of others, I urge my colleagues graduates were minorities. Programs such as agement activities are properly reported, so to join me in supporting H.R. 2830. the Minority Serving Institution Management that freighters can be held accountable for Ms. LEE. Mr. Chairman, I rise today in sup- Internship Program, will recruit students from complying with the law. port of H.R. 2830, the Coast Guard Reauthor- Historically Black Colleges and Universities, I would like to thank my friend and col- ization Act of 2007, which makes significant Hispanic-serving institutions, and tribal col- league, Chairman JAMES OBERSTAR, for his strides in supporting the invaluable work of the leges, among others, and help to develop a hard work on this important legislation. We in United States Coast Guard. new and diverse generation of civilian man- the Great Lakes region are lucky to have one I applaud the many improvements that this agers and Coast Guard Officers. of our own, the distinguished gentleman from legislation will make to Federal policy in pro- The establishment of a Coast Guard Lab- Minnesota, overseeing these matters. I urge tecting our coastal environment, strengthening oratory of Excellence-MSI Cooperative Tech- all of my colleagues to support this critically security in our Nation’s ports, and providing nology Program at three minority-serving insti- important bill. the tools and resources necessary for rapid tutions will assist in modernizing the Coast Ms. ROS-LEHTINEN. Mr. Chairman, I rise emergency response and coordination. Guard’s security programs while increasing in strong support of this Coast Guard Author- The collision of a containership with the San the number of minority graduate degree hold- ization Bill being considered on the floor Francisco Bay Bridge near my district, and the ers in science, engineering, mathematics, and today. resulting oil spill that spread throughout the information technology—all fields that are crit- I have the unique pleasure of representing Bay, raised many questions about maritime ical to the mission of the Coast Guard. over 265 miles of pristine Florida coastline— policy in our Nation’s coastal waters and ports. Mr. Chairman, I stand in strong support of from Miami Beach to Key West. In fact, two of Commendably though, the committee field H.R. 2830, and I urge my colleagues to sup- the largest Coast Guard Sectors in the United hearing examining the Federal response to the port it. States, Sector Miami commanded by Captain oil spill also provided potential answers to Mr. DINGELL. Mr. Chairman, I rise today in Karl Schultz and Sector Key West com- these questions. support of H.R. 2830, the Coast Guard Au- manded by Captain Scott A. Buschman are lo- I am pleased to see that many important thorization Act of 2007. This bill has many pro- cated in my Congressional district. As such, provisions were included in H.R. 2830 to im- visions which will improve homeland security, ensuring that the brave Coast Guard men and prove our water vessel traffic systems, sharp- ensure safe navigation and enhance shipping women have the tools they need to effectively en incident response, and tighten environ- reliability, among other measures. However, I patrol our coasts is of utmost concern. mental and security requirements. H.R. 2830 would particularly like to draw my colleagues’ I know that with this important mission, my will mandate double hulls for new container attention to the ballast water protections in this constituents would not be pleased to hear of vessels with large oil capacities, reducing the bill. the lack of state-of-the-art equipment that the risk of spills and contamination, and protecting As a member who hails from the Great Coast Guard has been using to accomplish its animals, plant life, and local economies from Lakes State, I am perhaps more familiar than goals. the harmful impact of such disasters. most with the havoc invasive species can reap Just to highlight the nature of our aging I also strongly support the provision added on our waterways. I would note that in its Coast Guard fleet, I can point to the oldest by my colleague, Rep. TAUSCHER, which au- 2005 report, the Great Lakes Collaboration cutter still active. The Storis, still serving today thorizes the Coast Guard to issue regulations stated that the world’s greatest freshwater in Alaska, was commissioned before the that require bar pilots to carry portable naviga- lakes are ‘‘succumbing to an irreversible United States entry into World War II. A ship tional devices when they are navigating large ‘invasional meltdown’ that may be more se- over 65 years old should not be tasked with container and tanker ships. These portable de- vere than chemical pollution.’’ There are cur- protecting against the modem threats that face vices provide pilots accurate and necessary rently 185 invasive species in the Great Lakes this great Nation. information to safely navigate their ships, and and another is discovered, on average, every Compare this to an April 18th article in the are critical to preventing future accidents like 28 weeks! St. Petersburg Times where Drug Enforce- the one that occurred in the San Francisco Invasive species cost the Federal Govern- ment Agency officials are quoted as ‘‘scratch- Bay. ment about $1.3 billion per year and it is esti- ing their heads over how to combat the latest As a longtime advocate of bringing common mated that 42 percent of plants and animals innovation in drug smuggling: radar-dodging sense to our national security priorities, I am on the Threatened and Endangered Species semisubmersible vessels packed with tons of also pleased to acknowledge the important List are at risk because of alien species. cocaine.’’ Determined drug smugglers are steps this legislation takes to securing our Aquatic invasives pose a particular threat be- using very sophisticated ships and tech- ports and the safety of communities that live cause of their ability to spread quickly through nologies in this cat-and-mouse game and it around them. H.R. 2830 takes critical steps to connected waterways. will become increasingly difficult to prevent safeguard nuclear materials by establishing a Ballast water, which is used to stabilize their illegal activities if we are not able to mod- pilot program to employ preventive radio- freighters, is taken on board before a voyage ernize our fleet as well. logical/nuclear detection equipment on Coast begins. It can often contain organisms which Fortunately, a vital portion of this bill is dedi- Guard vessels. become invasive species when released in cated to the Coast Guard’s Integrated Deep- Mr. Chairman, it is important to note that navigable waters. For the reasons outlined water System. This is a critical program to many States, including California, have been above, ballast water represents a significant modernize and replace the Coast Guard’s at the forefront of efforts to more effectively threat to our Great Lakes. aging ships and aircraft. The Deepwater Pro- protect and manage our coastal waters. For To its credit, the National Park Service has gram is the largest acquisition in the history of instance, the Port of Oakland in my district already taken steps to prevent ballast water the Coast Guard and any delay in the pas- was the first port in the United States to re- from spreading a deadly fish virus known as sage of this bill would have a serious and neg- quire that ships exchange their ballast water VHS in Lake Superior and Lake Michigan. But ative impact on the security of South Florida with seawater before entering the bay—a reg- much more must be done to protect the Great and our Nation. ulation that is now widely considered a critical Lakes and other waterways from the exotic We can all agree that these brave men and measure of defense against invasive and non- species contained in ballast water. women deserve the fundamental resources

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00014 Fmt 0688 Sfmt 9920 E:\BR08\H24AP8.000 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 6897 they need. Certainly, without adequate funding procurement policies are producing results. Authorization Act of 2008. Among the many the Coast Guard will not be equipped to ac- This is not just a budget issue, although that important provisions of this bill is one that is complish their mission. is certainly important, but it is also a national particularly needed to help ensure that our Coast Guard Sector Miami is scheduled to security issue. We depend on the men and coastwise laws are properly and promptly en- receive the first six Fast Response Cutters in women serving in the Coast Guard to defend forced. addition to three ISLAND Class patrol boats. our Nation’s waterways, and for that critical Section 220 of the manager’s amendment As well, Coast Guard Sector Key West is task they need new ships and aircraft. Con- recognizes the importance of vigorous en- scheduled for delivery of the second six Fast gress can no longer stand by while billions of forcement of our Nation’s coastwise laws by Response Cutters in addition to one ISLAND dollars are wasted on a program that has expanding the Department of Homeland Secu- Class patrol boat. I applaud these efforts and failed to give our coastal defenders the tools rity’s enforcement authority to include the look forward to the continuation of the Deep- they need. This bill takes steps to demand the Coast Guard in addition to Customs and Bor- water Program. type of accountability from the Coast Guard der Protection. Though this bill is by no means perfect, the that we expect from the other uniformed serv- In keeping with this important objective we urgency of modernizing our fleet and putting ices, and I encourage my colleagues to join hope that the Administration will make good these ships in the water and these aircraft in me in support of this good and necessary leg- on the effort that was begun last November the skies cannot be understated. islation. with the publication of a proposed interpretive I urge all Members to recognize the crucial Ms. VELA´ ZQUEZ. Mr. Chairman, I rise in rule designed to address evasion by foreign need to protect our Nation by strengthening support of important language in Chairman cruise lines of one of our coastwise laws, the the United States’ oldest continuous seagoing OBERSTAR’s manager’s amendment to H.R. Passenger Vessel Services Act. service, the United States Coast Guard. 2830, the Coast Guard Reauthorization Act. I have written to Secretary Michael Chertoff Mr. GENE GREEN of Texas. Mr. Chairman, This amendment is critical for my constituents urging prompt implementation of a modified I rise today in support of H.R. 2830, the Coast who live in the Greenpoint area in Brooklyn. I rule that addresses concerns raised during the Guard Reauthorization Act of 2008. want to thank Chairman OBERSTAR and others comment process while ensuring that the I would like to thank both the Chairman of on the Committee who saw the need for this coastwise laws are properly enforced. My let- the Transportation and Infrastructure Com- language, and were willing to act on it. ter details the frustration of important Congres- mittee, Chairman OBERSTAR, and especially This important amendment directs the Envi- sional objectives that will result if the rule is the Chairman of the Coast Guard and Mari- ronmental Protection Agency to conduct a fol- not implemented and I ask that a copy be in- time Transportation Subcommittee, Chairman low up study on the Newtown Creek oil spill. cluded in the RECORD. CUMMINGS, for their leadership in crafting this The new EPA study builds upon my earlier ef- HOUSE OF REPRESENTATIVES, important piece of legislation. fort with my distinguished colleague, Mr. Washington, DC, March 31, 2007. WEINER, to get the EPA to issue a comprehen- Re Hawaiian Coastwise Cruises (USCBP– I have always been a strong supporter of 2007–0098) the Coast Guard and providing it with the re- sive report on the oil spill. That earlier report by the EPA, issued last fall, was an important Hon. MICHAEL CHERTOFF, sources necessary to protect our Nation’s Secretary, Department of Homeland Security, coasts, ports and waterways, particularly the step forward but it raised as many questions as it answered. Washington, DC. Port of Houston which I represent. DEAR MR. SECRETARY: Customs and Border H.R. 2830 is also important to me because Mr. Chairman, it is appropriate that we are Protection (‘‘CBP’’) proposed an interpretive it contains provisions relating to the security of considering this issue on a Coast Guard bill. rule regarding ‘‘Hawaiian Coastwise Cruises’’ vessels and facilities that transport or process It was the Coast Guard, nearly 30 years ago, on November 21, 2007. Since issuing the no- Liquefied Natural Gas—or LNG—in the United that discovered the Newtown Creek oil spill in tice and accepting comments on the pro- posal, no final action has been taken to pro- States. Demand for clean-burning natural gas Greenpoint. The spill is massive, and sci- entists lack accurate measurements of the tect the only oceangoing U.S.-flag cruise is building up across our economy, and en- scope and impact of the whole of the plume. ships in operation from unfair foreign com- ergy proposals Congress has passed and is That’s why we need a full site characterization petition. As a result, it has been announced currently considering will only accelerate this that a second U.S.-flag cruise ship will be of the Creek, so we know just what is in, demand. I believe all of us here agree on the leaving Hawaii service and the U.S. registry around and underneath the Creek bed. need to ensure the safety of LNG shipments in May 2008. I write today to urge the De- The basic condition of the Creek was not partment to immediately adopt a Hawaii to the U.S., but Congress should do so in a comprehensively addressed in the earlier re- responsible way that does not unnecessarily specific rule in order to ensure that the re- port. It’s past time for a full site characteriza- maining U.S.-flag cruise ship does not have impede future shipments of this clean-burning tion of Newtown Creek. The goal not merely the same fate. fuel. oil plume containment, but plume removal. We On December 21, 2007, I joined the Hawai’i Chairman CUMMINGS understood these con- must help give this important waterway safely Congressional delegation and also offered cerns and included new language that would back to the community, for its use and enjoy- separate comments of my own with respect to the proposed criteria to be used by CBP to maximize the resources available to the Coast ment. Guard for enforcing LNG security zones; main- determine whether non-coastwise-qualified I also am deeply concerned about what passenger vessels are in violation of the Pas- tain the multi-mission function of the Coast threat this material poses to the public. A full Guard; and mitigate bureaucratic hurdles in senger Vessel Services Act (‘‘PVSA’’) (46 site characterization should also allow us to U.S.C. 55103) and the Hawaii Cruise Ship Ini- the LNG security process. While not perfect, better measure the public health impact of the tiative enacted in 2003 (Pub. L. 108–7) when these changes are an improvement from the oil spill. Residents in this part of Brooklyn suf- engaging in Hawaii cruise itineraries that in- original bill and reflect a more workable ap- fer from asthma, emphysema and bronchitis at clude a ‘‘sham’’ foreign port stop of as little proach than first proposed. a 25 percent higher rate than the rest of the as an hour in the middle of the night to I want to again thank my good friends city. Child asthma hospital admissions are es- cleanse the voyage and avoid the application Chairman CUMMINGS and Chairman OBERSTAR pecially high. A full site characterization can of U.S. laws. for working with me and other Members to As the preamble to the interpretive rule help public health professionals draw conclu- accurately states, ‘‘The intent of the mari- consider America’s need for both energy secu- sions about the impact of the oil spill on the time cabotage laws, including the PVSA, was rity and homeland security when crafting this health of the local community. to provide a ‘legal structure that guarantees legislation. In conclusion, Mr. Chairman, I want to thank a coastwise monopol to American shipping I urge my colleagues to support H.R. 2830. Mr. WEINER for his long-term partnership and and thereby promotes development of the Mr. SKELTON. Mr. Chairman, I rise today in hard work in addressing the serious public pol- American merchant marine’ ’’. I strongly support of H.R 2830, the Coast Guard Author- icy problem posed by the Newtown Creek Oil support the PVSA, and was a primary spon- ization Act. This is a good bill in many ways. Spill. I would urge the EPA to seize upon sor of the subsequently enacted 2003 Hawaii I particularly appreciate the bills’ emphasis on these clear instructions from Congress, and Cruise Ship Initiative. I also strongly believe that CBP must take steps to vigorously en- holding the Coast Guard accountable for the help New York understand just what it is fac- force the PVSA, including adoption of the funds the service receives from us, the Con- ing at Newtown Creek. Only a full site charac- proposed interpretive rule for Hawaii. But I gress. The well-documented problems with the terization can accomplish this worthy goal. am concerned that CBP’s effort to do so may Deepwater program make it clear that more, Mr. ABERCROMBIE. Mr. Chairman, today I unnecessarily slow implementation of the in- needs to be done to ensure the Coast Guard’s rise in support of H.R. 2830, the Coast Guard terpretive rule by needlessly trying to apply

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00015 Fmt 0688 Sfmt 9920 E:\BR08\H24AP8.000 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6898 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 April 24, 2008 it broadly to all U.S. ports, where no ocean- As my constituents know, ballast water is an and 100 injuries occurred in New York State going U.S.-flag cruise ships operate in reg- easy way for invasive species to enter the in 2006. There were a total of 152 boating ac- ular service. Great Lakes. These species quickly take root cidents in the state of New York. CBP’s proposed interpretive rule is unnec- essarily expansive. It goes beyond what is and displace native species to the detriment of There has been no significant decrease in necessary to achieve the economic and na- local environments. the number of boating deaths since 1996 and tional security policy objective of the PVSA There are also serious economic con- the number increased between 2003 and and the 2003 Hawaii Cruise Ship Initiative. In sequences associated with attempting to man- 2006. This is unacceptable. If one simple fact, I believe a reasonable interpretation age and control these aquatic invaders. course will decrease the number of deaths under those laws would limit the scope of In the Great Lakes, it is estimated that and injuries on the water, it is so important proposed interpretation to Hawaii because it roughly $5 billion in damages has been that we do everything in our power to require would further those important public policy caused by the zebra mussel; while the cost of mandatory boater education. goals. lost native species may never be known. Indeed, the vast majority of the opposition You must take a driving test before you are Additionally, there is an enormous rec- able to operate a car. You should, at the very to CBP’s proposed interpretation is based on reational cost associated with the loss of fish the far reaching nature of the proposal. As a least, be required to take an education course result, comments have been received from and wildlife in the Great Lakes, which account to operate a boat. interested parties as far away from Hawaii for nearly 22 percent of the world’s fresh sur- And we owe it to the memory of Brianna as Maine and Florida who have understand- face water. They are a tremendous and ex- and other victims in the Nation to do all we ably expressed concerns about the potential traordinary natural resource that we cannot af- can to prevent future fatalities on the water. impact of the proposal on foreign cruise ford to harm. I would like to thank Chairman OBERSTAR ships operating in areas where no oceangoing I would like to commend Mr. OBERSTAR for and Ranking Member MICA for allowing this U.S. flag ships call. MARAD and CBP identi- his leadership on this issue, and for including fied a specific and intentional effort to cir- language to be included in the bill. in his manager’s amendment the requirement Mr. WEINER. Mr. Chairman, the House has cumvent the PVSA on Hawaii cruises. Under that each vessel provide monthly reports on the authorities provided by the PVSA and under consideration the bill H.R. 2830, the the 2003 Hawaii Cruise Ship Initiative, the ballast operations. Coast Guard Reauthorization Act of 2007. Mr. final remedy proposed by CBP should be lim- This prerequisite will allow for greater trans- Chairman, I want to highlight an amendment ited to addressing that specific issue in the parency in ballast management, and will sanc- that I offered which has been included in Hawaii market where U.S. flag ships operate. tion early detection of invasive species. Chairman OBERSTAR’s amendment before the Moreover, the 2003 Hawai’i Cruise Ship Ini- I am also encouraged that H.R. 2830 per- House. It directs the Environmental Protection tiative requires that the affected U.S. flag mits alternative ballast management measures Agency to conduct a study of the Greenpoint, ships identified in this proposed interpreta- for recreational vessels. In establishing rules Brooklyn, New York underground oil spill at tion be in ‘‘regular service’’ in Hawai’i and for recreational vessels, I hope the Secretary Newtown Creek. explicitly prohibits their operation in coast- recognizes that local boaters and fishermen wise service in Alaska, the Gulf of Mexico, Newtown Creek is a 3.5 mile-long waterway and the Caribbean Sea, areas where inter- should not be subjected to unreasonable over- that flows from the East River and separates ested parties have raised concerns about the regulation. the boroughs of Brooklyn and Queens. It is In closing, I would urge all my colleagues to application of the proposal. For these rea- the single most polluted waterway in New support passage of this legislation. sons, I strongly recommend that CBP issue a York City, a legacy left by more than a century proposed PVSA interpretation limited to Ha- Mr. ISRAEL. Mr. Chairman, I would like to wai’i as follows: rise in support of language I included in the of heavy industrial activity. The creek’s banks CBP interprets a Hawai’i cruise itinerary Coast Guard Reauthorization Act. are home to the largest oil spill in the United to be ‘‘solely to one or more coastwise ports’’ I have consistently fought for boating safety States, which dates back to the 1950s and is even where it stops at a foreign port, unless for the last three years in memory of my con- estimated to be 150 percent of the size of the the stop at the foreign port is a legitimate stituent Brianna Lieneck who died in August of Exxon-Valdez spill. object of the cruise. CBP will assume that a In 1978, a Coast Guard patrol detected pe- stop at a foreign port is not a legitimate ob- 2005. Her parents came to me after losing their daughter. They have made it their mis- troleum on the surface of Newtown Creek and ject of the cruise unless: identified a spill that spreads from the banks 1. The amount of time at the foreign port sion to fight for boating safety and to make the is more than 50 percent of the total amount water safer for others. of the creek through the Greenpoint neighbor- of time at the Hawai’i ports of call; and Their daughter Brianna an 11-year-old girl hood in Brooklyn. Evaluations at that time 2. The passengers are permitted to go from my district who was tragically taken from identified a spill totaling 17 million gallons at- ashore temporarily at the foreign port. us three years ago during a boating accident tributed to refineries operated along the banks Accordingly, CBP proposes to adopt an in- of the creek by the predecessors to terpretive rule under which it will presume on the Great South Bay. The accident oc- curred on August 17, 2005 when a boat col- ExxonMobil, BP/Amoco and Chevron-Texaco. that any Hawai’i cruise itinerary that does To date, 9.4 million gallons have been not include a foreign port of call that satis- lided with their own. The operator of the other fies each of these two criteria constitutes boat was reckless and there was poor visibility cleaned, primarily conducted by ExxonMobil coastwise transportation of passengers in from the lack of lighting on the water that late under a 1990 consent agreement with the violation of 19 CFR 4.80a(b)(1). at night. New York State Department of Environmental Thank you for considering my views on While we can’t bring back Brianna I have Conservation that sets no timetable for com- this important matter. I firmly believe that made it a priority to fight or mandatory boater pletion and includes no meaningful criteria for if CBP acts on the proposed rule as I have education. And I want to commend Brianna’s compliance. Estimates indicate that it will take recommended, many of the concerns ex- until at least 2026 to finish the remediation, al- pressed by commenters in this docket will be parents for taking this horrible tragedy and alleviated, while at the same time ensuring using it to fuel such a worthy cause. most 50 years since we discovered the spill. the protection of the very oceangoing U.S.- This year the Coast Guard Reauthorization Today, even though it has been 30 years flag cruise ships intended by the PVSA and Act will include language mandating that the since the oil spill was detected, the best infor- the 2003 Hawaii Cruise Ship Initiative. Coast Guard find the best and most feasible mation on the spill’s size are estimates. While Sincerely, ways to establish mandatory boater education we have evidence that the spill is 17–30 mil- NEIL ABERCROMBIE, for all states and report back to Congress lion gallons, covering 55 to 70 acres, the full- Member of Congress. within 6 months. This is an important first step extent of the spill remains unknown. Mr. KAGEN. Mr. Chairman, I rise in strong in boating safety because education directly This information is critical. More than 200 support of H.R. 2830, the Coast Guard Au- translates to safer waters. The Coast Guard observation wells and 35 recovery wells have thorization Act. estimates that 70 percent of reported fatalities been installed since 1978, but until we know While this critical legislation is replete with occur when a boat operator has not received the full extent of the problem, we may be numerous provisions that would make a vari- boating safety instruction. wasting time. ety of necessary changes to the Coast So many careless accidents can be avoided In 2006, Congress directed the Environ- Guard’s operations, I would like to focus on by taking one simple course and being more mental Protection Agency to revisit the find- the portion of the bill that would regulate bal- informed on the water. ings of the United States Coast Guard’s July last water, which is of particular importance to Boating accidents claimed 710 lives in 2006 1979 report entitled ‘‘Investigation of Under- northeast Wisconsin. and caused 3,474 injuries. Of that, 14 deaths ground Accumulation of Hydrocarbons along

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00016 Fmt 0688 Sfmt 9920 E:\BR08\H24AP8.000 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 6899 Newtown Creek.’’ The 2006 study did not col- phase groundwater into Newtown Creek along freshwater lakes in the world. They provide lect new data, determine the size or location the full spill area shoreline. drinking water for millions. They provide habi- of the spill, or conclusively assess its impact Chemical analysis and description of the oil tat for our fisheries and they offer tremendous on public health and safety. It recommended product in the Newtown Creek region in its recreational and tourism opportunities. reevaluating the entire plume. free product phase, its dissolved phase, and The Great Lakes are threatened by dam- Given this, the provision included in Chair- its smeared phase. aging aquatic invasive species that arrive in man OBERSTAR’s amendment instructs the En- An investigation of reports of oil in building the Lakes at a rate of one every eight months. vironmental Protection Agency to conduct a foundations in the area of Roebling Street and The communities I represent have first-hand full-site characterization of the Greenpoint, North Eleventh Street in Brooklyn, New York, experience of the devastation these aquatic in- Brooklyn underground oil spill. to determine whether those oil pockets are vaders can cause. In the mid-1980s, the zebra This study is to be driven by the collection distinct from the Greenpoint Oil Spill, are his- mussel was brought to the Great Lakes by of new field evidence and will not be limited to toric remnants of the Greenpoint Oil Spill, or hitching a ride on an ocean vessel from Eu- the review or co-review of existing or sched- remain hydrologically connected to the rope. They were first identified in Lake St. uled data collection by private parties or state Greenpoint Oil Spill. Clair in 1988, and since then the zebra mus- and municipal entities. This new evidence in- A detailed, three-dimensional representation sels have spread throughout the Great Lakes cludes the collection of data from new product, reflecting the latitudinal and longitudinal loca- and have made their way into the Mississippi groundwater and soil monitoring wells, as well tion of the oil spill in the Newtown Creek re- River and its tributaries. The economic and as from existing groundwater and soil moni- gion and also the observed and corrected ecological costs of dealing with aquatic toring wells at the Greenpoint Oil Spill site. thickness of the spill. invasive species are staggering. This site is loosely bound by Newtown Creek A revised estimate of the volume and area Invasive aquatic species pose a clear and on the northeast, the Brooklyn-Queens Ex- of the spill in its three phases: free product, present danger to virtually every U.S. water- pressway on the east and south, North Henry polluted groundwater, and smeared soils, and way and coastal area. Many more invasive Street on the west, and Greenpoint Avenue on evaluate the remaining plume volume using species will arrive in rapid succession and the north. corrected product thickness values. spread within U.S. waters unless effective Specifically, the full-site characterization is There is no geographic limit to the study. measures are taken to prevent them. to include: Testing is to be performed at potential, historic The bill before the House contains strong The investigation, collection, and analysis of migration pathways and currently or newly de- provisions to reduce and hopefully eliminate data on the full extent of the free-product tected product and groundwater contamination the spread of aquatic invasive species through plume, or the portion of the underground pe- areas near the Greenpoint oil spill. The study ballast water. The bill establishes a national troleum plume that floats on top of the site’s will begin with areas to the north, south, goal to eliminate invasive species from ballast groundwater in its refined state or crude state, southeast, and east of the current published water that is discharged into U.S. waters by including any historic remnants currently dis- spill location. Emphasis is to be placed on the the year 2015. As an interim step, the legisla- tinct or fragmented from current spill delinea- path the spill may have taken when it was tion requires all ships entering U.S. waters to tions. subject to hydrologic pressures related to conduct ballast water exchange at least 200 The investigation, collection, and analysis of miles off the nation’s coastline. Between now groundwater withdrawals in the early-to-mid data on the full extent of the dissolved phase and the end of 2013, the legislation requires part of the 20th Century. of the plume, or the portion of the under- vessels to be fitted with effective ballast water As outlined in the amendment, this study is ground petroleum plume that has dissolved treatment equipment. to be completed no later than one year after into the groundwater, including the geographic I urge my colleagues to join me in sup- enactment of this law. extent and concentrations of groundwater con- porting this comprehensive response to one of I would like to express my thanks to Chair- tamination. the most serious problems confronting the The investigation, collection, and analysis of man OBERSTAR and Chairman CUMMINGS for Great Lakes and waterways across the nation. data on the full extent of soil contamination, their willingness to work with me on this Mr. PASCRELL. Mr. Chairman, I rise to including current and historic smear zones, or project. Furthermore, I would like to commend speak in strong support of H.R. 2830, the ´ the area of soil contamination that may exist Mrs. VELAZQUEZ, who represents the people of Coast Guard Authorization Act, as this is a within the zone of horizontal and vertical water Greenpoint, and has worked closely with me necessary piece of legislation that is vital to table fluctuations that have occurred since the on this initiative. our Nation’s homeland security strategy. time of the petroleum release. Additionally, I would like to thank the staff of The President and indeed many in this body The investigation, collection, and analysis of the Transportation and Infrastructure Sub- often talk about the need not to fall back into data on the full extent of soil vapor contamina- committees on Water Resources and Environ- a pre-9/11 mindset when it comes to home- tion, including vertical and horizontal pathways ment and Coast Guard and Maritime Trans- land security and I could not agree more. within the vadose zone, or the area between portation, particularly Ryan Seiger, John This is why I want to start by thanking the land surface and the water table. Cullather, Lucinda Lessley, and Ben Webster, Homeland Security Committee Chairman The evaluation of the entire spill area, cov- who have worked with me to address this crit- BENNIE THOMPSON for all his work to strength- ering both the free-product and dissolved ical, but often overlooked, issue. en the crucial port security aspects of this bill. plume, using three-phase numerical modeling I’d also like to thank Riverkeeper Incor- Ever since 9/11 we have faced the fact that techniques simulating the movement and inter- porated, and its chief investigator, Basil our Nation is vulnerable to possible terrorist action of water, oil, and vapor in a geologic Seggos. This organization’s dedication and attack by air, land and sea. In response our medium, and use of such model to make an advice on remediating the Newtown Creek oil Nation’s entire security apparatus has had to estimate on the length of time that will be re- spill over the last six years has been an in- work harder and stretch their resources farther quired to recover free product, contaminated valuable asset. in order to be more responsive to these in- groundwater and contaminated soil from the Finally, I’d like to thank Dori Friedberg of my creased threats and few agencies have exem- underground plumes. staff for her time, work, and counsel on this plified this more than the Coast Guard. The investigation and collection of data on issue. This legislation finally provides the re- monthly groundwater levels over a representa- Mr. Chairman, I thank the leadership of the sources necessary to ensure that the Coast tive area of the free product and dissolved Transportation and Infrastructure Committee Guard can successfully execute all its mis- phase contamination areas to establish back- for their hard work shepherding through the sions by authorizing the increase of their end- ground water levels. Coast Guard Reauthorization Act of 2007, and strength by 1,500 members to 47,000 and in- The investigation, collection, and analysis of express my strong support for this bill. creasing funding to the Coast Guard to $8.4 data on current and historic groundwater path- Mr. LEVIN. Mr. Chairman, I rise in strong billion, a full $200 million over the President’s ways in the region. support of the Coast Guard Authorization Act. budget. The investigation, collection, and analysis of In particular, I urge my colleagues to support However, this President and many of this data on the impact of tidal fluctuations on the legislation’s ballast water treatment re- body have objected to Section 720 of this bill groundwater levels in the region. quirements. which would strengthen security around lique- The investigation, collection, and analysis of The Great Lakes are one of this nation’s fied natural gas, LNG, terminals and tanker data on seepage of free product and dissolved crown jewels. They are the most unique set of ships.

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00017 Fmt 0688 Sfmt 9920 E:\BR08\H24AP8.000 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6900 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 April 24, 2008 These terminals represent a critical piece of quired that ships make their logs of ballast Enhancing Port Security has been a priority our energy infrastructure that could be attrac- treatment activities available to the Secretary for the Homeland Security Committee and The tive targets for attack, especially if we allow of Transportation each month. By adding this Coast Guard Authorization Act of 2007 will them to be built without any regard for our requirement, the public will be assured access give the Coast Guard much needed reform as ability to secure them. to this information and will be able to track the well as strengthen our homeland security, pro- Without Section 720, we would certainly be actions of all ships entering our waters. tection of the marine environment and mari- guilty of maintaining a pre-9/11 mindset that I thank Chairman OBERSTAR for his support time safety. It reflects our commitment to im- says it’s acceptable to maintain soft spots in of these amendments and for including them proving port security. our homeland security strategy and that is in the manager’s amendment approved today. We all remember with gratitude the stellar simply unacceptable. These simple additions to the bill are impor- work of the U.S. Coast Guard during Hurri- I hope we would all learn the lessons of tant improvements that will strengthen our de- cane Katrina. Were it not for them many more 9/11 and support this legislation in full instead fenses against invasives and improve trans- lives would have been lost. This bill is a down of trying to weaken our comprehensive home- parency and accountability. We greatly appre- payment on the gratitude we owe them for this land security strategy. ciate the chairman’s willingness to make these and their work in the waters of our Nation. I Mr. KIND. Mr. Chairman, I rise today in sup- changes and his great leadership when it encourage my colleagues to support the bill port of the Coast Guard Authorization Act. comes to the health and safety of the Great and urge its final passage. This bill takes necessary steps to modernize Lakes. Mr. THOMPSON of Mississippi. Mr. our maritime fleet, enhance security at sea On the heels of Earth Day, the time to pass Chairman, I yield back the balance of and at port, and reduce pollution. These the ballast water provisions in this bill could my time. measures are overdue, and I applaud Chair- not be better. I urge my colleagues to support The CHAIRMAN. All time for general men OBERSTAR, THOMPSON, and CONYERS and the bill. debate has expired. their respective ranking members for bringing Mrs. CHRISTENSEN. Mr. Chairman, I rise In lieu of the amendments rec- this bill forward today. in support of H.R. 2830, ‘‘The Coast Guard ommended by the Committees on I am most proud, however, that this bill fi- Authorization Act’’ and would like to commend Transportation and Infrastructure, nally begins to address the ever-growing Chairman OBERSTAR and Ranking Member Homeland Security, and the Judiciary scourge of invasive species spreading MICA for their work on the bill and their efforts printed in the bill, it shall be in order throughout our coastal and inland waters. in bringing it to the House floor today. The de- to consider as an original bill for the These foreign organisms are wreaking havoc velopment of this bill has been a long process purpose of amendment under the 5- on native ecosystems and local economies. and a collaborative effort. We are pleased that minute rule an amendment in the na- The Great Lakes are already home to a whop- it is before the House for passage. I would ture of a substitute printed in part A of ping 185 invasive species. Zebra mussels also like to commend Chairman THOMPSON, House Report 110–604. That amendment have clogged water intakes at power plants my colleagues on the Homeland Security in the nature of a substitute shall be and municipal water treatment facilities, add- Committee and staff for their work on the Port considered read. ing about $2 billion to the cost of producing Security section of this legislation. I would like The text of the amendment in the na- electricity and clean drinking water, while also to thank Chairman CUMMINGS and Ranking ture of a substitute is as follows: altering the ecosystem and reducing the num- Member LATOURETTE for theirs on Deepwater Strike all after the enacting clause and in- ber of prized fish species. The sea lamprey and their support of the Port Security provi- sert the following: would have driven Great Lake trout species to sions in H.R. 2830. SECTION 1. SHORT TITLE. extinction if the Federal Government did not The United States Coast Guard has a broad This Act may be cited as the ‘‘Coast Guard spend $15 million per year to combat them. and important role in homeland security, law Authorization Act of 2008’’. And the lakes face a menacing new threat as enforcement, search and rescue, marine envi- SEC. 2. TABLE OF CONTENTS. Asian carp continue their march up the Illinois ronmental pollution response, and the mainte- The table of contents for this Act is as fol- River. nance of river, Intracoastal and offshore aids lows: The ballast water treatment requirements in to navigation. Yet it has been grossly under- Sec. 1. Short title. this bill seek to remedy the lackadaisical atti- funded and therefore understaffed and under- Sec. 2. Table of contents. tude that led to the introduction of each of resourced. This bill provides much needed re- TITLE I—AUTHORIZATION these species into American waters. Rather sources and capacity building to effectuate Sec. 101. Authorization of appropriations. than continuing to say, ‘‘Come what may,’’ this these changes without compromising security. Sec. 102. Authorized levels of military bill states that it is now national policy that the In addition to increasing funding by $8.4 billion strength and training. introduction of non-indigenous aquatic nui- and the bill provides a much needed increase Sec. 103. Transfer of bridge administration sance species should be prohibited and estab- from 1,500 coast guard personnel to 47,000. program authority and func- tions. lishes a goal of ensuring that by 2015 no bal- There are many important provisions in the last water discharged by ships in U.S. waters bill but I am particularly pleased with the provi- TITLE II—COAST GUARD contains viable living organisms. Furthermore, sions to improve Port Security, particularly for Sec. 201. Appointment of civilian Coast the bill sets up ballast water treatment require- the Virgin Islands and the Caribbean. Section Guard judges. Sec. 202. Industrial activities. ments for ships entering U.S. waters and 419 of the bill authorizes the Secretary of Sec. 203. Reimbursement for medical-related methods for enforcement. With these protec- Homeland Security to station additional Coast travel expenses. tions in place, State and Federal Governments Guard assets in the U.S. Virgin Islands for Sec. 204. Commissioned officers. will have tools in hand to begin to reverse the port security and other purposes. Currently, Sec. 205. Coast Guard participation in the tide of invasives and restore our own native the Virgin Islands are without a coast guard Armed Forces Retirement ecosystems. cutter and have to depend on Puerto Rico for Home (AFRH) system. I have seen the waters of the Mississippi use of their vessel. This provision is a step Sec. 206. Grants to international maritime River in my own district be overrun by forward in establishing a permanent Coast organizations. Sec. 207. Emergency leave retention author- invasives such as the zebra mussel, which is Guard unit in the Virgin Islands. ity. why I have taken a keen interest in legislation Another very important issue to the Virgin Sec. 208. Enforcement authority. to address the problem. I was proud to join Islands and the Caribbean is cruise security. It Sec. 209. Repeal. with my colleague RAHM EMANUEL, who has is estimated that 10.6 million Americans took Sec. 210. Admirals and Vice Admirals. been an outspoken proponent for action on a cruise from a U.S. port in 2007. These ports Sec. 211. Merchant Mariner Medical Advi- this issue, in drafting amendments to H.R. include locations in the U.S. Virgin Islands, sory Committee. 2380 to strengthen the bill’s ballast water Puerto Rico and points throughout the Carib- Sec. 212. Reserve commissioned warrant of- ficer to lieutenant program. treatment section. One of these amendments bean. H.R. 2830 includes incident notification Sec. 213. Enhanced status quo officer pro- would have clarified that vessels that do not requirements that would enhance cruise ship motion system. carry ballast water on board—No Ballast On security. This provision would make our ports Sec. 214. Laser Training System. Board, or NOBOB—are also subject to the more secure and thus more attractive to cruise Sec. 215. Coast Guard vessels and aircraft. treatment provisions. The other would have re- ship travelers. Sec. 216. Coast Guard District Ombudsmen.

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00018 Fmt 0688 Sfmt 0655 E:\BR08\H24AP8.000 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 6901 Sec. 217. Ensuring contracting with small Sec. 412. Extension of period of operation of Sec. 709. Review of potential threats. business concerns and disadvan- vessel for setting, relocation, or Sec. 710. Port security pilot. taged business concerns. recovery of anchors or other Sec. 711. Advance notice of port arrival of Sec. 218. Assistant Commandant for Port mooring equipment. significant or fatal incidents in- and Waterway Security. Sec. 413. Vessel traffic risk assessments. volving U.S. persons. Sec. 219. Small business procurements. Sec. 414. Vessel MARYLAND INDEPEND- Sec. 712. Safety and security assistance for Sec. 220. Enforcement of coastwise trade ENCE. foreign ports. laws. Sec. 415. Study of relocation of Coast Guard Sec. 713. Seasonal workers. Sec. 221. Nomination and appointment of ca- Sector Buffalo facilities. Sec. 714. Comparative risk assessment of dets at the Coast Guard Acad- Sec. 416. Conveyance of Coast Guard vessel vessel-based and facility-based emy. to Coahoma County, Mis- liquefied natural gas regasifi- TITLE III—SHIPPING AND NAVIGATION sissippi. cation processes. Sec. 715. Pilot Program for fingerprinting of Sec. 301. Vessel size limits. Sec. 417. Conveyance of Coast Guard vessel maritime workers. Sec. 302. Goods and services. to Warren County, Mississippi. Sec. 716. Transportation security cards on Sec. 303. Seaward extension of anchorage Sec. 418. Conveyance of Coast Guard vessel vessels. grounds jurisdiction. to Washington County, Mis- Sec. 717. International labor study. Sec. 304. Maritime Drug Law Enforcement sissippi. Sec. 718. Maritime security advisory com- Act amendment-simple posses- Sec. 419. Coast Guard assets for United mittees. sion. States Virgin Islands. Sec. 719. Seamen’s shoreside access. Sec. 305. Technical amendments to tonnage Sec. 420. Conveyance of the Presque Isle Sec. 720. Waterside security around liquefied measurement law. Light Station fresnel lens to Sec. 306. Cold weather survival training. Presque Isle Township, Michi- natural gas terminals and liq- Sec. 307. Fishing vessel safety. gan. uefied natural gas tankers. Sec. 308. Mariner records. Sec. 421. Fishing in South Pacific tuna trea- TITLE VIII—COAST GUARD INTEGRATED Sec. 309. Deletion of exemption of license re- ty convention area. DEEPWATER PROGRAM quirement for operators of cer- Sec. 422. Assessment of needs for additional Sec. 801. Short title. tain towing vessels. Coast Guard presence in high Sec. 802. Implementation of Coast Guard In- Sec. 310. Adjustment of liability limits for latitude regions. tegrated Deepwater Acquisition natural gas deepwater ports. Sec. 423. Study of regional response vessel Program. Sec. 311. Period of limitations for claims and salvage capability for Sec. 803. Chief Acquisition Officer. against Oil Spill Liability Olympic Peninsula coast, Wash- Sec. 804. Testing and certification. Trust Fund. ington. Sec. 805. National Security Cutters. Sec. 312. Log books. Sec. 424. Report on projected workload at Sec. 806. Miscellaneous reports. Sec. 313. Unsafe operation. the Coast Guard Yard in Curtis Sec. 807. Use of the Naval Sea Systems Com- Sec. 314. Approval of survival craft. Bay, Maryland. mand, the Naval Air Systems Sec. 315. Safety management. Sec. 425. Study of bridges over navigable wa- Command, and the Space and Sec. 316. Protection against discrimination. ters. Naval Warfare Systems Com- Sec. 317. Dry bulk cargo residue. Sec. 426. Limitation on jurisdiction of mand to assist the Coast Guard Sec. 318. Oil fuel tank protection. States to tax certain seamen. in exercising technical author- Sec. 319. Registry endorsement for LNG ves- Sec. 427. Decommissioned Coast Guard ves- ity for the Deepwater Program sels. sels for Bermuda. and other Coast Guard acquisi- Sec. 320. Oaths. Sec. 428. Recreational marine industry. tion programs. Sec. 321. Duration of credentials. Sec. 429. Conveyance of Coast Guard vessels Sec. 808. Definitions. Sec. 322. Fingerprinting. to Nassau County, New York. TITLE IX—MINORITY SERVING Sec. 323. Authorization to extend the dura- TITLE V—BALLAST WATER TREATMENT tion of licenses, certificates of INSTITUTIONS Sec. 501. Short title. registry, and merchant mari- Sec. 901. MSI Management Internship Pro- Sec. 502. Declaration of goals and purposes. ners’ documents. gram. Sec. 503. Ballast water management. Sec. 324. Merchant mariner documentation. Sec. 902. MSI initiatives. Sec. 504. National ballast water manage- Sec. 325. Merchant mariner assistance re- Sec. 903. Coast Guard-MSI Cooperative ment information. port. Technology Program. Sec. 505. Ballast water management evalua- Sec. 326. Merchant mariner shortage report. Sec. 904. Definition. tion and demonstration pro- Sec. 327. Merchant mariner document stand- gram. TITLE X—APPEALS TO NATIONAL ards. Sec. 506. Rapid response plan. TRANSPORTATION SAFETY BOARD Sec. 328. Report on Coast Guard determina- Sec. 507. Authorization of appropriations. Sec. 1001. Rights of appeal regarding li- tions. censes, certificates of registry, Sec. 329. Pilot required. TITLE VI—MARITIME POLLUTION PREVENTION and merchant mariners’ docu- Sec. 330. Offshore supply vessels. ments. Sec. 331. Recreational vessel operator edu- Sec. 601. Short title. Sec. 1002. Authorities of National Transpor- cation and training. Sec. 602. References. tation Safety Board. Sec. 332. Ship emission reduction tech- Sec. 603. Definitions. Sec. 1003. Transfer of pending appeals to the nology demonstration project. Sec. 604. Applicability. National Transportation Safety Sec. 605. Administration and enforcement. TITLE IV—MISCELLANEOUS PROVISIONS Board. Sec. 606. Certificates. Sec. 401. Certificate of documentation for Sec. 1004. Rulemaking requirements. Sec. 607. Reception facilities. GALLANT LADY. Sec. 1005. Administrative Law Judge re- Sec. 608. Inspections. Sec. 402. Waiver. cruiting program. Sec. 609. Amendments to the protocol. Sec. 403. Great Lakes Maritime Research In- Sec. 610. Penalties. TITLE XI—MARINE SAFETY stitute. Sec. 611. Effect on other laws. Sec. 1101. Marine safety. Sec. 404. Conveyance. TITLE VII—PORT SECURITY Sec. 1102. Marine safety staff. Sec. 405. Crew wages on passenger vessels. Sec. 1103. Marine safety mission priorities Sec. 701. Maritime homeland security public Sec. 406. Technical corrections. and long term goals. awareness program. Sec. 407. Conveyance of decommissioned Sec. 1104. Powers and duties. Sec. 702. Transportation Worker Identifica- Coast Guard Cutter STORIS. Sec. 1105. Appeals and waivers. tion Credential. Sec. 408. Repeal of requirement of license for Sec. 1106. Coast Guard Academy. employment in the business of Sec. 703. Study to identify redundant back- Sec. 1107. Geographic stability. salvaging on the coast of Flor- ground records checks. Sec. 1108. Apprentice program. ida. Sec. 704. Review of interagency operational Sec. 1109. Report regarding civilian marine Sec. 409. Right-of-first-refusal for Coast centers. inspectors. Guard property on Jupiter Is- Sec. 705. Maritime security response teams. land, Florida. Sec. 706. Coast Guard detection canine team TITLE I—AUTHORIZATION Sec. 410. Conveyance of Coast Guard HU–25 program expansion. SEC. 101. AUTHORIZATION OF APPROPRIATIONS. Falcon Jet aircraft. Sec. 707. Coast Guard port assistance pro- Funds are authorized to be appropriated Sec. 411. Decommissioned Coast Guard ves- gram. for fiscal year 2008 for necessary expenses of sels for Haiti. Sec. 708. Maritime biometric identification. the Coast Guard as follows:

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00019 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.000 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6902 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 April 24, 2008 (1) For the operation and maintenance of SEC. 103. TRANSFER OF BRIDGE ADMINISTRA- ber of the covered beneficiary’s family who the Coast Guard, $5,965,742,000, of which— TION PROGRAM AUTHORITY AND is at least 21 years of age.’’. (A) $24,500,000 is authorized to be derived FUNCTIONS. (b) CLERICAL AMENDMENT.—The analysis from the Oil Spill Liability Trust Fund to (a) TRANSFER.— for such chapter is amended by adding at the carry out the purposes of section 1012(a)(5) of (1) AUTHORITY AND FUNCTIONS.—Notwith- end the following: standing section 888(b) of the Homeland Se- the Oil Pollution Act of 1990 (33 U.S.C. ‘‘518. Reimbursement for medical-related curity Act of 2002 (6 U.S.C. 468(b)) or any 2712(a)(5)); travel expenses for certain per- other provision of law, the authorities of the (B) $631,000,000 shall be available only for sons residing on islands in the Secretary of Homeland Security to approve paying for search and rescue programs; continental United States.’’. (C) $527,000,000 shall be available only for the construction, alteration, or operation of paying for marine safety programs; a bridge, drawbridge, or causeway across or SEC. 204. COMMISSIONED OFFICERS. (D) $80,500,000 shall be available only for over the navigable waters of the United (a) ACTIVE DUTY PROMOTION LIST.—Section paying for operating expenses of the Inte- States and to require the alteration, repair, 42 of title 14, United States Code, is amended grated Deepwater System program; and or removal of that bridge, drawbridge, or to read as follows: (E) $1,523,000,000 shall be available only for causeway, pursuant to the Bridge Act of 1906 ‘‘§ 42. Number and distribution of commis- paying for ports, waterways, and coastal se- (34 Stat. 84; 33 U.S.C. 491 et seq.), the General sioned officers on active duty promotion curity. Bridge Act of 1946 (60 Stat. 847, 33 U.S.C. 525 list (2) For the acquisition, construction, re- note), the Truman-Hobbs Act (54 Stat. 497; 33 ‘‘(a) MAXIMUM TOTAL NUMBER.—The total building, and improvement of aids to naviga- U.S.C. 511 et seq.), and the International number of Coast Guard commissioned offi- tion, shore and offshore facilities, vessels, Bridge Act of 1972 (60 Stat. 847; 33 U.S.C. 525 cers on the active duty promotion list, ex- and aircraft, including equipment related et seq.), and the functions related thereto, cluding warrant officers, shall not exceed thereto, $1,125,083,000, of which— are hereby transferred to the Secretary of 6,700; except that the Commandant may tem- (A) $20,000,000 shall be derived from the Oil Transportation. porarily increase that number by up to 2 per- Spill Liability Trust Fund to carry out the (2) TRANSFER AND ADMINISTRATION OF BAL- cent for no more than 60 days following the purposes of section 1012(a)(5) of the Oil Pollu- ANCES.—Any unobligated balances of prior date of the commissioning of a Coast Guard tion Act of 1990, to remain available until ex- appropriations provided for the alteration of Academy class. pended; bridges are transferred and shall be available ‘‘(b) DISTRIBUTION PERCENTAGES BY (B) $990,444,000 is authorized for the Inte- to the Secretary of Transportation to carry GRADE.— grated Deepwater System Program; and out the functions and authorities transferred ‘‘(1) REQUIRED.—The total number of com- (C) $44,597,000 is authorized for shore facili- by subsection (a). missioned officers authorized by this section ties and aids to navigation. TITLE II—COAST GUARD shall be distributed in grade in the following (3) To the Commandant of the Coast Guard SEC. 201. APPOINTMENT OF CIVILIAN COAST percentages: 0.375 percent for rear admiral; for research, development, test, and evalua- GUARD JUDGES. 0.375 percent for rear admiral (lower half); 6.0 tion of technologies, materials, and human (a) IN GENERAL.—Chapter 7 of title 14, percent for captain; 15.0 percent for com- factors directly relating to improving the United States Code, is amended by adding at mander; and 22.0 percent for lieutenant com- performance of the Coast Guard’s mission in the end the following: mander. search and rescue, aids to navigation, marine ‘‘(2) DISCRETIONARY.—The Secretary shall safety, marine environmental protection, en- ‘‘§ 153. Appointment of judges prescribe the percentages applicable to the forcement of laws and treaties, ice oper- ‘‘The Secretary may appoint civilian em- grades of lieutenant, lieutenant (junior ations, oceanographic research, and defense ployees of the Department in which the grade), and ensign. readiness, $25,000,000, to remain available Coast Guard is operating as appellate mili- ‘‘(3) AUTHORITY OF SECRETARY TO REDUCE until expended, of which $2,000,000 shall be tary judges, available for assignment to the PERCENTAGE.—The Secretary— derived from the Oil Spill Liability Trust Coast Guard Court of Criminal Appeals as ‘‘(A) may reduce, as the needs of the Coast Fund to carry out the purposes of section provided for in section 866(a) of title 10.’’. Guard require, any of the percentages set 1012(a)(5) of the Oil Pollution Act of 1990. (b) CLERICAL AMENDMENT.—The analysis forth in paragraph (1); and (4) For retired pay (including the payment for such chapter is amended by adding at the of obligations otherwise chargeable to lapsed end the following: ‘‘(B) shall apply that total percentage re- duction to any other lower grade or com- appropriations for this purpose), payments ‘‘153. Appointment of judges.’’. bination of lower grades. under the Retired Serviceman’s Family Pro- SEC. 202. INDUSTRIAL ACTIVITIES. ‘‘(c) COMPUTATIONS.— tection and Survivor Benefit Plans, and pay- Section 151 of title 14, United States Code, ments for medical care of retired personnel ‘‘(1) IN GENERAL.—The Secretary shall com- is amended— pute, at least once each year, the total num- and their dependents under chapter 55 of (1) by inserting ‘‘(a) IN GENERAL.—’’ before title 10, United States Code, $1,184,720,000, to ber of commissioned officers authorized to ‘‘All orders’’; and serve in each grade by applying the grade remain available until expended. (2) by adding at the end the following: (5) For alteration or removal of bridges distribution percentages established by or ‘‘(b) ORDERS AND AGREEMENTS FOR INDUS- under this section to the total number of over navigable waters of the United States TRIAL ACTIVITIES.—Under this section, the constituting obstructions to navigation, and commissioned officers listed on the current Coast Guard industrial activities may accept active duty promotion list. for personnel and administrative costs asso- orders and enter into reimbursable agree- ciated with the Bridge Alteration Program, ‘‘(2) ROUNDING FRACTIONS.—Subject to sub- ments with establishments, agencies, and de- section (a), in making the computations $16,000,000. partments of the Department of Defense.’’. (6) For environmental compliance and res- under paragraph (1), any fraction shall be SEC. 203. REIMBURSEMENT FOR MEDICAL-RE- rounded to the nearest whole number. toration at Coast Guard facilities (other LATED TRAVEL EXPENSES. ‘‘(3) TREATMENT OF OFFICERS SERVING OUT- than parts and equipment associated with (a) IN GENERAL.—Chapter 13 of title 14, operation and maintenance), $13,000,000, to SIDE COAST GUARD.—The number of commis- United States Code, is amended by adding at sioned officers on the active duty promotion remain available until expended. the end the following: (7) For the Coast Guard Reserve program, list below the rank of rear admiral (lower ‘‘§ 518. Reimbursement for medical-related including personnel and training costs, half) serving with other Federal departments travel expenses for certain persons resid- equipment, and services, $126,883,000. or agencies on a reimbursable basis or ex- ing on islands in the continental United cluded under section 324(d) of title 49 shall SEC. 102. AUTHORIZED LEVELS OF MILITARY States STRENGTH AND TRAINING. not be counted against the total number of (a) ACTIVE DUTY STRENGTH.—The Coast ‘‘In any case in which a covered bene- commissioned officers authorized to serve in Guard is authorized an end-of-year strength ficiary (as defined in section 1072(5) of title each grade. for active duty personnel of 47,000 for the fis- 10) resides on an island that is located in the ‘‘(d) USE OF NUMBERS; TEMPORARY IN- cal year ending on September 30, 2008. 48 contiguous States and the District of Co- CREASES.—The numbers resulting from com- (b) MILITARY TRAINING STUDENT LOADS.— lumbia and that lacks public access roads to putations under subsection (c) shall be, for For fiscal year 2008, the Coast Guard is au- the mainland and is referred by a primary all purposes, the authorized number in each thorized average military training student care physician to a specialty care provider grade; except that the authorized number for loads as follows: (as defined in section 1074i(b) of title 10) on a grade is temporarily increased during the (1) For recruit and special training, 2,500 the mainland who provides services less than period between one computation and the student years. 100 miles from the location where the bene- next by the number of officers originally ap- (2) For flight training, 165 student years. ficiary resides, the Secretary shall reimburse pointed in that grade during that period and (3) For professional training in military the reasonable travel expenses of the covered the number of officers of that grade for and civilian institutions, 350 student years. beneficiary and, when accompaniment by an whom vacancies exist in the next higher (4) For officer acquisition, 1,200 student adult is necessary, for a parent or guardian grade but whose promotion has been delayed years. of the covered beneficiary or another mem- for any reason.

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00020 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.000 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 6903

‘‘(e) OFFICERS SERVING COAST GUARD ACAD- after the item relating to section 425 the fol- ‘‘(A) while under orders transferring the of- EMY AND RESERVE.—The number of officers lowing new item: ficer to another position designated under authorized to be serving on active duty in ‘‘426. Emergency leave retention authority.’’. subsection (a), beginning on the date the of- each grade of the permanent commissioned SEC. 208. ENFORCEMENT AUTHORITY. ficer is detached from duty and terminating teaching staff of the Coast Guard Academy on the date before the day the officer as- (a) IN GENERAL.—Chapter 5 of title 14, and of the Reserve serving in connection sumes the subsequent duty, but not for more United States Code, is amended by adding at with organizing, administering, recruiting, than 60 days; the end the following: instructing, or training the reserve compo- ‘‘(B) while hospitalized, beginning on the nents shall be prescribed by the Secretary.’’. ‘‘§ 99. Enforcement authority day of the hospitalization and ending on the (b) CLERICAL AMENDMENT.—The analysis ‘‘Subject to guidelines approved by the day the officer is discharged from the hos- for chapter 3 of such title is amended by Secretary, members of the Coast Guard, in pital, but not for more than 180 days; and striking the item relating to section 42 and the performance of official duties, may— ‘‘(C) while awaiting retirement, beginning inserting the following: ‘‘(1) carry a firearm; and on the date the officer is detached from duty ‘‘42. Number and distribution of commis- ‘‘(2) while at a facility (as defined in sec- and ending on the day before the officer’s re- sioned officers on active duty tion 70101 of title 46)— tirement, but not for more than 60 days. promotion list.’’. ‘‘(A) make an arrest without warrant for ‘‘(c)(1) An appointment of an officer under any offense against the United States com- subsection (a) does not vacate the permanent SEC. 205. COAST GUARD PARTICIPATION IN THE mitted in their presence; and grade held by the officer. ARMED FORCES RETIREMENT HOME ‘‘(2) An officer serving in a grade above (AFRH) SYSTEM. ‘‘(B) seize property as otherwise provided rear admiral who holds the permanent grade (a) IN GENERAL.—Section 1502 of the Armed by law.’’. (b) CONFORMING REPEAL.—The first section of rear admiral (lower half) shall be consid- Forces Retirement Home Act of 1991 (24 ered for promotion to the permanent grade U.S.C. 401) is amended— added to title 46, United States Code, by the amendment made by subsection (a) of sec- of rear admiral as if the officer was serving (1) by striking paragraph (4); in the officer’s permanent grade. (2) in paragraph (5)— tion 801 of the Coast Guard and Maritime Transportation Act of 2004 (118 Stat. 1078), ‘‘(d) Whenever a vacancy occurs in a posi- (A) by striking ‘‘and’’ at the end of sub- tion designated under subsection (a), the paragraph (C); and the item relating to such first section enacted by the amendment made by sub- Commandant shall inform the President of (B) by striking the period at the end of the qualifications needed by an officer serv- section (b) of such section 801, are repealed. subparagraph (D) and inserting ‘‘; and’’; and ing in that position to carry out effectively (c) CLERICAL AMENDMENT.—The analysis (C) by inserting at the end the following: the duties and responsibilities of that posi- for such chapter is amended by adding at the ‘‘(E) the Assistant Commandant of the tion.’’. end the following: Coast Guard for Human Resources.’’; and (c) REPEAL.—Section 50a of title 14, United (3) by adding at the end of paragraph (6) ‘‘99. Enforcement authority.’’. States Code, is repealed. the following: SEC. 209. REPEAL. (d) CONFORMING AMENDMENT.—Section 51 of ‘‘(E) The Master Chief Petty Officer of the Section 216 of title 14, United States Code, that title is amended— Coast Guard.’’. and the item relating to such section in the (1) by amending subsections (a), (b), and (c) (b) CONFORMING AMENDMENTS.—(1) Section analysis for chapter 11 of such title, are re- to read as follows: 2772 of title 10, United States Code, is amend- pealed. ‘‘(a) An officer, other than the Com- ed— mandant, who, while serving in the grade of SEC. 210. ADMIRALS AND VICE ADMIRALS. admiral or vice admiral, is retired for phys- (A) in subsection (a) by inserting ‘‘or, in (a) VICE COMMANDANT.—Section 47 of title the case of the Coast Guard, the Com- ical disability shall be placed on the retired 14, United States Code, is amended by strik- list with the highest grade in which that of- mandant’’ after ‘‘concerned’’; and ing ‘‘vice admiral’’ and inserting ‘‘admiral’’. (B) by striking subsection (c). ficer served. (b) VICE ADMIRALS.—Section 50 of title 14, ‘‘(b) An officer, other than the Com- (2) Section 1007(i) of title 37, United States United States Code, is amended to read as mandant, who is retired while serving in the Code, is amended— follows: grade of admiral or vice admiral, or who, (A) in paragraph (3) by inserting ‘‘or, in the after serving at least two and one-half years case of the Coast Guard, the Commandant’’ ‘‘§ 50. Vice admirals in the grade of admiral or vice admiral, is re- after ‘‘Secretary of Defense’’; ‘‘(a)(1) The President may designate 4 posi- tired while serving in a lower grade, may in (B) by striking paragraph (4); and tions of importance and responsibility that the discretion of the President, be retired (C) by redesignating paragraph (5) as para- shall be held by officers who— with the highest grade in which that officer graph (4). ‘‘(A) while so serving, shall have the grade of vice admiral, with the pay and allowances served. SEC. 206. GRANTS TO INTERNATIONAL MARITIME ‘‘(c) An officer, other than the Com- of that grade; and ORGANIZATIONS. mandant, who, after serving less than two ‘‘(B) shall perform any duties as the Com- Section 149 of title 14, United States Code, and one-half years in the grade of admiral or mandant may prescribe. is amended by adding at the end the fol- vice admiral, is retired while serving in a ‘‘(2) The 4 vice admiral positions author- lowing: lower grade, shall be retired in his perma- ized under paragraph (1) are, respectively, ‘‘(c) GRANTS TO INTERNATIONAL MARITIME nent grade.’’; and the following: ORGANIZATIONS.—After consultation with the (2) in subsection (d)(2) by striking ‘‘Area ‘‘(A) The Deputy Commandant for Mission Secretary of State, the Commandant may Commander, or Chief of Staff’’ and inserting Support. make grants to, or enter into cooperative ‘‘or Vice Admirals’’. ‘‘(B) The Deputy Commandant for National agreements, contracts, or other agreements (e) CLERICAL AMENDMENTS.— with, international maritime organizations Operations and Policy. (1) The heading for section 47 of that title ‘‘(C) The Commander, Force Readiness for the purpose of acquiring information or is amended by striking ‘‘assignment’’ and in- Command. data about merchant vessel inspections, se- serting ‘‘appointment’’. curity, safety, classification, and port state ‘‘(D) The Commander, Operations Com- (2) The table of sections at the beginning of or flag state law enforcement or oversight.’’. mand. chapter 3 of that title is amended— ‘‘(3) The President may appoint, by and SEC. 207. EMERGENCY LEAVE RETENTION AU- (A) by striking the item relating to section with the advice and consent of the Senate, THORITY. 47 and inserting the following: and reappoint, by and with the advice and (a) IN GENERAL.—Chapter 11 of title 14, ‘‘47. Vice Commandant; appointment.’’; consent of the Senate, to each of the posi- United States Code, is amended by inserting tions designated under paragraph (1) an offi- (B) by striking the item relating to section after section 425 the following: cer of the Coast Guard who is serving on ac- 50 and inserting the following: ‘‘§ 426. Emergency leave retention authority tive duty above the grade of captain. The ‘‘50. Vice admirals.’’; ‘‘With regard to a member of the Coast Commandant shall make recommendations and Guard who serves on active duty, a duty as- for those appointments. (C) by striking the item relating to section signment in support of a declaration of a ‘‘(b)(1) The appointment and the grade of 50a. major disaster or emergency by the Presi- vice admiral under this section shall be ef- (f) TECHNICAL CORRECTION.—Section 47 of dent under the Robert T. Stafford Disaster fective on the date the officer assumes that that title is further amended in the fifth sen- Relief and Emergency Assistance Act (42 duty and, except as provided in paragraph (2) tence by striking ‘‘subsection’’ and inserting U.S.C. 5121 et seq.) shall be treated, for the of this subsection or in section 51(d) of this ‘‘section’’. purpose of section 701(f)(2) of title 10, a duty title, shall terminate on the date the officer SEC. 211. MERCHANT MARINER MEDICAL ADVI- assignment in support of a contingency oper- is detached from that duty. SORY COMMITTEE. ation.’’. ‘‘(2) An officer who is appointed to a posi- (a) IN GENERAL.—Chapter 71 of title 46, (b) CLERICAL AMENDMENT.—The analysis tion designated under subsection (a) shall United States Code, is amended by adding at for such chapter is amended by inserting continue to hold the grade of vice admiral— the end the following new section:

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00021 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.000 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6904 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 April 24, 2008 ‘‘§ 7115. Merchant Mariner Medical Advisory ‘‘7115. Merchant Mariner Medical Advisory on vessels on the Great Lakes using similar Committee Committee.’’. laser equipment used by other Federal agen- ‘‘(a) ESTABLISHMENT.— SEC. 212. RESERVE COMMISSIONED WARRANT cies. However, that equipment shall be ‘‘(1) IN GENERAL.—There is established a OFFICER TO LIEUTENANT PRO- adapted for use in the marine environment. Merchant Mariner Medical Advisory Com- GRAM. (b) REPORT.—The Secretary shall submit a mittee (in this section referred to as the Section 214(a) of title 14, United States report to the Committee on Transportation ‘Committee’). Code, is amended to read as follows: and Infrastructure and the Committee on ‘‘(2) FUNCTIONS.—The Committee shall ad- ‘‘(a) The president may appoint temporary Homeland Security of the House of Rep- vise the Secretary on matters relating to— commissioned officers— resentatives and the Committee on Com- ‘‘(A) medical certification determinations ‘‘(1) in the Regular Coast Guard in a grade, merce, Science, and Transportation of the for issuance of merchant mariner creden- not above lieutenant, appropriate to their Senate within 6 months after the conclusions tials; qualifications, experience, and length of of the test required under subsection (a) on ‘‘(B) medical standards and guidelines for service, as the needs of the Coast Guard may the costs and benefits of using the system re- the physical qualifications of operators of require, from among the commissioned war- gionally and nationwide to train members of commercial vessels; rant officers, warrant officers, and enlisted the Coast Guard in the use of individual ‘‘(C) medical examiner education; and members of the Coast Guard, and from hold- weapons and machine guns. ‘‘(D) medical research. ers of licenses issued under chapter 71 of title SEC. 215. COAST GUARD VESSELS AND AIRCRAFT. 46; and ‘‘(b) MEMBERSHIP.— (a) AUTHORITY TO FIRE ATORINTO A VES- ‘‘(2) in the Coast Guard Reserve in a grade, ‘‘(1) IN GENERAL.—The Committee shall SEL.—Section 637(c) of title 14, United States consist of 14 members, none of whom is a not above lieutenant, appropriate to their Code, is amended— Federal employee, and shall include— qualifications, experience, and length of (1) in paragraph (1), by striking ‘‘; or’’ and ‘‘(A) ten who are health-care professionals service, as the needs of the Coast Guard may inserting a semicolon; with particular expertise, knowledge, or ex- require, from among the commissioned war- (2) in paragraph (2), by striking the period perience regarding the medical examinations rant officers of the Coast Guard Reserve.’’. at the end and inserting ‘‘; or’’; and of merchant mariners or occupational medi- SEC. 213. ENHANCED STATUS QUO OFFICER PRO- (3) by adding at the end the following: cine; and MOTION SYSTEM. ‘‘(3) any other vessel or aircraft on govern- ‘‘(B) four who are professional mariners Chapter 11 of title 14, United States Code, ment noncommercial service when— with knowledge and experience in mariner is amended— ‘‘(A) the vessel or aircraft is under the tac- occupational requirements. (1) in section 253(a)— tical control of the Coast Guard; and ‘‘(2) STATUS OF MEMBERS.—Members of the (A) by inserting ‘‘and’’ after ‘‘considered,’’; ‘‘(B) at least one member of the Coast Committee shall not be considered Federal and Guard is assigned and conducting a Coast employees or otherwise in the service or the (B) by striking ‘‘, and the number of offi- Guard mission on the vessel or aircraft.’’. cers the board may recommend for pro- employment of the Federal Government, ex- (b) AUTHORITY TO DISPLAY COAST GUARD motion’’; cept that members shall be considered spe- ENSIGNS AND PENNANTS.—Section 638(a) of cial Government employees, as defined in (2) in section 258— title 14, United States Code, is amended by section 202(a) of title 18, United States Code, (A) by inserting ‘‘(a) IN GENERAL.—’’ before striking ‘‘Coast Guard vessels and aircraft’’ and shall be subject to any administrative the existing text; and inserting ‘‘Vessels and aircraft author- standards of conduct applicable to the em- (B) in subsection (a) (as so designated) by ized by the Secretary’’. striking the colon at the end of the material ployees of the department in which the Coast SEC. 216. COAST GUARD DISTRICT OMBUDSMEN. Guard is operating. preceding paragraph (1) and inserting ‘‘—’’; (a) IN GENERAL.—Chapter 3 of title 14, ‘‘(c) APPOINTMENTS; TERMS; VACANCIES.— and United States Code, is amended by adding at ‘‘(1) APPOINTMENTS.—The Secretary shall (C) by adding at the end the following: the end the following new section: appoint the members of the Committee, and ‘‘(b) PROVISION OF DIRECTION AND GUID- each member shall serve at the pleasure of ANCE.— ‘‘§ 55. District Ombudsmen the Secretary. ‘‘(1) In addition to the information pro- ‘‘(a) IN GENERAL.—The Commandant shall ‘‘(2) TERMS.—Each member shall be ap- vided pursuant to subsection (a), the Sec- appoint an employee of the Coast Guard in pointed for a term of three years, except retary may furnish the selection board— each Coast Guard District as a District Om- that, of the members first appointed, three ‘‘(A) specific direction relating to the budsman to serve as a liaison between ports, members shall be appointed for a term of two needs of the Coast Guard for officers having terminal operators, shipowners, and labor years and three members shall be appointed particular skills, including direction relating representatives and the Coast Guard. for a term of one year. to the need for a minimum number of offi- ‘‘(b) PURPOSE.—The purpose of the District ‘‘(3) VACANCIES.—Any member appointed to cers with particular skills within a specialty; Ombudsman shall be the following: fill the vacancy prior to the expiration of the and ‘‘(1) To support the operations of the Coast term for which that member’s predecessor ‘‘(B) any other guidance that the Secretary Guard in each port in the District for which was appointed shall be appointed for the re- believes may be necessary to enable the the District Ombudsman is appointed. mainder of that term. board to properly perform its functions. ‘‘(2) To improve communications between ‘‘(d) CHAIRMAN AND VICE CHAIRMAN.—The ‘‘(2) Selections made based on the direction and among port stakeholders including, port Secretary shall designate one member of the and guidance provided under this subsection and terminal operators, ship owners, labor Committee as the Chairman and one member shall not exceed the maximum percentage of representatives, and the Coast Guard. as the Vice Chairman. The Vice Chairman officers who may be selected from below the ‘‘(3) To seek to resolve disputes between shall act as Chairman in the absence or inca- announced promotion zone at any given se- the Coast Guard and all petitioners regard- pacity of, or in the event of a vacancy in the lection board convened under section 251 of ing requirements imposed or services pro- office of, the Chairman. this title.’’; vided by the Coast Guard. ‘‘(e) COMPENSATION; REIMBURSEMENT.— (3) in section 259(a), by inserting after ‘‘(c) FUNCTIONS.— Members of the Committee shall serve with- ‘‘whom the board’’ the following: ‘‘, giving ‘‘(1) COMPLAINTS.—The District Ombuds- out compensation, except that, while en- due consideration to the needs of the Coast man may examine complaints brought to the gaged in the performance of duties away Guard for officers with particular skills so attention of the District Ombudsman by a from their homes or regular places of busi- noted in specific direction furnished to the petitioner operating in a port or by Coast ness of the member, the member of the Com- board by the Secretary under section 258 of Guard personnel. mittee may be allowed travel expenses, in- this title,’’; and UIDELINES FOR DISPUTES.— cluding per diem in lieu of subsistence, as ‘‘(2) G (4) in section 260(b), by inserting after ‘‘(A) IN GENERAL.—The District Ombuds- authorized by section 5703 of title 5. ‘‘qualified for promotion’’ the following: ‘‘to ‘‘(f) STAFF; SERVICES.—The Secretary shall man shall develop guidelines regarding the meet the needs of the service (as noted in furnish to the Committee the personnel and types of disputes with respect to which the specific direction furnished the board by the services as are considered necessary for the District Ombudsman will provide assistance. Secretary under section 258 of this title)’’. conduct of its business.’’. ‘‘(B) LIMITATION.—The District Ombuds- (b) FIRST MEETING.—No later than six SEC. 214. LASER TRAINING SYSTEM. man shall not provide assistance with re- months after the date of enactment of this (a) IN GENERAL.—Within one year after the spect to a dispute unless it involves the im- Act, the Merchant Mariner Medical Advisory date of enactment of this Act, the Secretary pact of Coast Guard requirements on port Committee established by the amendment of the department in which the Coast Guard business and the flow of commerce. made by this section shall hold its first shall test an integrated laser engagement ‘‘(C) PRIORITY.—In providing such assist- meeting. system for the training of members of the ance, the District Ombudsman shall give pri- (c) CLERICAL AMENDMENT.—The analysis Coast Guard assigned to small vessels in the ority to complaints brought by petitioners for chapter 71 of that title is amended by use of individual weapons and machine guns who believe they will suffer a significant adding at the end the following: on those vessels. The test shall be conducted hardship as the result of implementing a

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00022 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.000 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 6905 Coast Guard requirement or being denied a value of subcontracts awarded at all tiers of ‘‘§ 678. Disadvantaged business enterprise Coast Guard service. subcontracting to small business concerns, program ‘‘(3) CONSULTATION.—The District Ombuds- institutions, and corporations referred to in ‘‘(a) IN GENERAL.—Except to the extent man may consult with any Coast Guard per- subsection (a)(1). that the Secretary determines otherwise, not sonnel who can aid in the investigation of a (b) UTILIZATION OF ALLIANCES.—The Sec- less than 10 percent of the amounts obligated complaint. retary shall seek to facilitate award of con- by the Coast Guard for contracts in any fis- ‘‘(4) ACCESS TO INFORMATION.—The District tracts by the United States under the Deep- cal year shall be expended with small busi- Ombudsman shall have access to any Coast water Program to alliances of small business ness concerns owned and controlled by so- Guard document, including any record or re- concerns, institutions, and corporations re- cially and economically disadvantaged indi- port, that will aid the District Ombudsman ferred to in subsection (a)(1). viduals. in obtaining the information needed to con- (c) ANNUAL REPORT.— ‘‘(b) DEFINITIONS.—In this subsection, the duct an investigation of a compliant. (1) IN GENERAL.—The Secretary shall sub- following definitions apply: ‘‘(5) REPORTS.—At the conclusion of an in- mit to the Committee on Transportation and ‘‘(1) SMALL BUSINESS CONCERN.—The term vestigation, the District Ombudsman shall Infrastructure and the Committee on Home- ‘small business concern’ has the meaning submit a report on the findings and rec- land Security of the House of Representa- given that term under section 3 of the Small ommendations of the District Ombudsman, tives and the Committee on Commerce, Business Act (15 U.S.C. 632). to the Commander of the District in which Science, and Transportation of the Senate by ‘‘(2) SOCIALLY AND ECONOMICALLY DISADVAN- the petitioner who brought the complaint is October 31 each year a report on the award of TAGED INDIVIDUALS.—The term ‘socially and located or operating. contracts under the Deepwater Program to economically disadvantaged individuals’ has ‘‘(6) DEADLINE.—The District Ombudsman small business concerns, institutions, and the meaning that term has under section 8(d) shall seek to resolve each complaint brought corporations referred to in subsection (a)(1) of the Small Business Act (15 U.S.C. 637(d)) in accordance with the guidelines— during the preceding fiscal year. and relevant subcontracting regulations ‘‘(A) in a timely fashion; and (2) CONTENTS.—The Secretary shall include issued pursuant to that Act, except that ‘‘(B) not later than 4 months after the in each report— women shall be presumed to be socially and complaint is officially accepted by the Dis- (A) specification of the value of such con- economically disadvantaged individuals for trict Ombudsman. tracts, by dollar amount and as a percentage purposes of this subsection. ‘‘(d) APPOINTMENT.—The Commandant of the total dollar value of all contracts ‘‘(c) REGULATIONS.—The Secretary shall shall appoint as the District Ombudsman a awarded by the United States under the issue final regulations governing the admin- civilian who has experience in port and Deepwater Program in such fiscal year; istration of the program created by this sec- transportation systems and knowledge of (B) specification of the total dollar value tion by one year after the date of enactment port operations or of maritime commerce (or of such contracts awarded to each of the cat- of this section. To the maximum extent fea- both). egories of small business concerns, institu- sible, these regulations shall impose require- ‘‘(e) ANNUAL REPORTS.—The Secretary tions, and corporations referred to in sub- ments similar to those of part 26 of title 49, shall report annually to the Committee on section (a)(1); and Code of Federal Regulations, with respect to Transportation and Infrastructure of the (C) if the percentage specified under sub- setting overall and contract goals, good faith House of Representatives and the Committee paragraph (A) is less than 25 percent, an ex- efforts, and the contract award process, on Commerce, Science, and Transportation planation of— counting of credit for the participation of of the Senate on the matters brought before (i) why the percentage is less than 25 per- businesses owned and controlled by socially the District Ombudsmen, including— cent; and and economically disadvantaged individuals, ‘‘(1) the number of matters brought before (ii) what will be done to ensure that the and determining whether businesses are eli- each District Ombudsman; percentage for the following fiscal year will gible to participate in the program. ‘‘(2) a brief summary of each such matter; not be less than 25 percent. ‘‘(d) TERMINATION.—This section shall and (d) DEFINITIONS.—In this section: cease to be effective three years after the ‘‘(3) the eventual resolution of each such (1) DEEPWATER PROGRAM.—The term ‘‘Deep- date of its enactment.’’. matter.’’. water Program’’ means the Integrated Deep- (b) CLERICAL AMENDMENT.—The analysis at (b) CLERICAL AMENDMENT.—The analysis at water Systems Program described by the the beginning of that chapter is further the beginning of that chapter is amended by Coast Guard in its report to Congress enti- amended by adding at the end the following: adding at the end the following new item: tled ‘‘Revised Deepwater Implementation ‘‘678. Disadvantaged business enterprise pro- ‘‘55. District Ombudsmen.’’. Plan 2005’’, dated March 25, 2005. The Deep- gram.’’. SEC. 217. ENSURING CONTRACTING WITH SMALL water Program primarily involves the pro- SEC. 220. ENFORCEMENT OF COASTWISE TRADE BUSINESS CONCERNS AND DIS- curement of cutter and aviation assets that LAWS. ADVANTAGED BUSINESS CONCERNS. operate more than 50 miles offshore. (a) IN GENERAL.—Chapter 5 of title 14, (a) REQUIREMENTS FOR PRIME CONTRACTS.— (2) SECRETARY.—The term ‘‘Secretary’’ United States Code, is amended by adding at The Secretary shall include in each contract means the Secretary of the department in the end the following: awarded for procurement of goods or services which the Coast Guard is operating. ‘‘§ 101. Enforcement of coastwise trade laws acquired for the Coast Guard— SEC. 218. ASSISTANT COMMANDANT FOR PORT ‘‘Officers and members of the Coast Guard (1) a requirement that the contractor shall AND WATERWAY SECURITY. implement a plan for the award, in accord- are authorized to enforce chapter 551 of title (a) IN GENERAL.—Chapter 3 of title 14, ance with other applicable requirements, of 46. The Secretary shall establish a program United States Code, is further amended by subcontracts under the contract to small for these officers and members to enforce adding at the end the following: business concerns, including small business that chapter, including the application of concerns owned and controlled by socially ‘‘§ 61. Assistant Commandant for Port and those laws to vessels that support the explo- and economically disadvantaged individuals, Waterway Security ration, development, and production of oil, gas, or mineral resources in the Gulf of Mex- small business concerns owned and con- ‘‘(a) There shall be in the Coast Guard an ico.’’. trolled by women, small business concerns Assistant Commandant for Port and Water- (b) CLERICAL AMENDMENT.—The analysis owned and controlled by service-disabled way Security who shall be a Rear Admiral or for that chapter is amended by adding at the veterans, HUBZone small business concerns, civilian from the Senior Executive Service end the following new item: small business concerns participating in the (career reserved) selected by the Secretary. program under section 8(a) of the Small ‘‘(b) The Assistant Commandant for Port ‘‘101. Enforcement of coastwise trade laws.’’. Business Act (15 U.S.C. 637(a)), institutions and Waterway Security shall serve as the (c) REPORT.—The Secretary of the depart- receiving assistance under title III or V of principal advisor to the Commandant regard- ment in which the Coast Guard is operating the Higher Education Act of 1965 (20 U.S.C. ing port and waterway security and shall shall submit a report to the Committee on 1051 et seq., 1101 et seq.), and Alaska Native carry out the duties and powers delegated Transportation and Infrastructure of the Corporations created pursuant to the Alaska and imposed by the Secretary.’’. House of Representatives and the Senate Native Claims Settlement Act (43 U.S.C. 1601 (b) CLERICAL AMENDMENT.—The analysis at Committee on Commerce, Science, and et seq.), including the terms of such plan; the beginning of that chapter is further Transportation within one year after the and amended by adding at the end the following: date of enactment of this Act on the enforce- (2) a requirement that the contractor shall ment strategies and enforcement actions ‘‘61. Assistant Commandant for Port and submit to the Secretary, during performance taken to enforce the coastwise trade laws. Waterway Security.’’. of the contract, periodic reports describing SEC. 221. NOMINATION AND APPOINTMENT OF the extent to which the contractor has com- SEC. 219. SMALL BUSINESS PROCUREMENTS. CADETS AT THE COAST GUARD plied with such plan, including specification (a) IN GENERAL.—Chapter 17 of title 14, ACADEMY. (by total dollar amount and by percentage of United States Code, is amended by adding at (a) NOMINATION AND COMPETITIVE APPOINT- the total dollar value of the contract) of the the end the following: MENT, GENERALLY.—Section 182(a) of title 14,

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00023 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.000 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6906 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 April 24, 2008 United States Code, is amended to read as ‘‘(A) Without limit, the children of persons ‘‘(2) sponsoring of trips to high school follows: who have been awarded the Medal of Honor teachers and guidance counselors to the ‘‘(a) NOMINATION AND COMPETITIVE AP- for acts performed while in the armed forces. Academy; POINTMENT OF CADETS.— ‘‘(B) Without limit— ‘‘(3) to the extent authorized by the Sec- ‘‘(1) ELIGIBILITY FOR NOMINATION.—An indi- ‘‘(i) children of individuals who died while retary of the Navy, maximizing the use of vidual may be nominated for a competitive on active duty in the armed forces of the the Naval Academy Preparatory School to appointment as a cadet at the Coast Guard United States; prepare students to be cadets at the Coast Academy only if the individual– ‘‘(ii) children of individuals who are deter- Guard Academy; ‘‘(A) is a citizen or national of the United mined by the Secretary of Veterans Affairs ‘‘(4) recruiting minority members of the States; and to have a service-connected disability rated Coast Guard to attend the Academy; ‘‘(B) meets the minimum requirements at not less than 100 percent resulting from ‘‘(5) establishment of a minority affairs of- that the Secretary shall establish. wounds or injuries received in, diseases con- fice at the Academy; and ‘‘(2) NOMINATORS.—Nominations for com- tracted in, or preexisting injury or disease ‘‘(6) use of minority officers and members petitive appointments for the positions allo- aggravated by, active service; of the Coast Guard Reserve and Auxiliary to cated under this section may be made as fol- ‘‘(iii) children of members of the armed promote the Academy.’’. lows: forces of the United States who are in a (2) CLERICAL AMENDMENT.—The table of ‘‘(A) A Senator may nominate residents of missing status as defined in section 551(2) of sections for that cuapter is amended by add- the State represented by that Senator. title 37; and ing at the end the folowing new item: ‘‘(B) A Member of the House of Representa- ‘‘(iv) children of civilian employees of the ‘‘197. Minority recruiting program.’’. tives may nominate residents of the State in armed forces of the United States who are in TITLE III—SHIPPING AND NAVIGATION which the congressional district represented missing status as defined in section 5561(5) of SEC. 301. VESSEL SIZE LIMITS. by that Member is located. title 5. (a) LENGTH, TONNAGE, AND HORSEPOWER.— ‘‘(C) A Delegate to the House of Represent- ‘‘(C) Not more than 25 enlisted members of Section 12113(d)(2) of title 46, United States atives from the District of Columbia, the the Coast Guard; Code, is amended— Virgin Islands, Guam, or American Samoa ‘‘(D) Not more than 20 qualified individuals (1) by inserting ‘‘and’’ after the semicolon may nominate residents of the jurisdiction with qualities the Secretary considers to be at the end of subparagraph (A)(i); represented by that Delegate. of special value to the Academy and that the (2) by striking ‘‘and’’ at the end of subpara- ‘‘(D) The Resident Commissioner to the Secretary considers will achieve a national graph (A)(ii); United States from Puerto Rico may nomi- demographic balance at the Academy. (3) by striking subparagraph (A)(iii); nate residents of Puerto Rico. ‘‘(6) ADDITIONAL APPOINTMENTS FROM PAR- (4) by striking the period at the end of sub- ‘‘(E) The Governor of the Northern Mar- TICULAR AREAS.— paragraph (B) and inserting ‘‘; or’’; and iana Islands may nominate residents of the ‘‘(A) OTHER COUNTRIES IN WESTERN HEMI- (5) by inserting at the end the following: Northern Mariana Islands. SPHERE.—The President may appoint individ- ‘‘(C) the vessel is either a rebuilt vessel or ‘‘(3) ALLOCATION OF POSITIONS.—Positions uals from countries in the Western Hemi- a replacement vessel under section 208(g) of for competitive appointments shall be allo- sphere other than the United States to re- the American Fisheries Act (title II of divi- cated each year as follows: ceive instruction at the Academy. Not more sion C of Public Law 105–277; 112 Stat. 2681– ‘‘(A) Positions shall be allocated for resi- than 12 individuals may receive instruction 627) and is eligible for a fishery endorsement dents of each State nominated by the Mem- under this subsection at the same time, and under this section.’’. bers of Congress from that State in propor- not more than 2 individuals from the same (b) CONFORMING AMENDMENTS.— tion to the representation in Congress from country may receive instruction under this (1) VESSEL REBUILDING AND REPLACEMENT.— that State. subsection at the same time. Section 208(g) of the American Fisheries Act ‘‘(B) Four positions shall be allocated for ‘‘(B) OTHER COUNTRIES GENERALLY.— (title II of division C of Public Law 105–277; residents of the District of Columbia. ‘‘(i) APPOINTMENT.—The Secretary, with 112 Stat. 2681–627) is amended to read as fol- ‘‘(C) One position each shall be allocated the approval of the Secretary of State, may lows: for residents of the Virgin Islands, Guam, appoint individuals from countries other ‘‘(g) VESSEL REBUILDING AND REPLACE- and American Samoa, respectively. than the United States to receive instruction MENT.— ‘‘(D) One position shall be allocated for a at the Academy. Not more than 20 individ- ‘‘(1) IN GENERAL.— resident of Puerto Rico. uals may receive instruction under this sub- ‘‘(A) REBUILD OR REPLACE.—Notwith- ‘‘(E) One position shall be allocated for a section at the same time. standing any limitation to the contrary on resident of the Northern Mariana Islands. ‘‘(ii) REIMBURSEMENT.—The Secretary shall replacing, rebuilding, or lengthening vessels ‘‘(F) Two positions shall be allocated for ensure that the country from which an indi- or transferring permits or licenses to a re- individuals nominated by the Panama Canal vidual comes under this subsection will re- placement vessel contained in sections 679.2 Commission. imburse the Secretary for the cost (as deter- and 679.4 of title 50, Code of Federal Regula- ‘‘(4) COMPETITIVE SYSTEM FOR APPOINT- mined by the Secretary) of the instruction tions, as in effect on the date of enactment MENT.— and allowances received by the individual at of the Coast Guard Authorization Act of 2008 ‘‘(A) ESTABLISHMENT OF SYSTEM.—The Sec- the Academy. and except as provided in paragraph (4), the retary shall establish a competitive system ‘‘(C) COMMITMENT.—Each individual at- owner of a vessel eligible under subsection for selecting for appointment individuals tending the Academy under this paragraph (a), (b), (c), (d), or (e) (other than paragraph nominated under paragraph (1) to fill the po- shall sign an agreement stating that the in- (21)), in order to improve vessel safety and sitions allocated under paragraph (3). The dividual, upon graduation, will accept an ap- operational efficiencies (including fuel effi- system must determine the relative merit of pointment, if tendered, as an officer in the ciency), may rebuild or replace that vessel each individual based on competitive exami- Coast Guard of the country from which the (including fuel efficiency) with a vessel docu- nations, an assessment of the individual’s individual comes for at least five years. mented with a fishery endorsement under academic background, and other effective in- ‘‘(7) PROHIBITED BASIS FOR APPOINTMENT.— section 12113 of title 46, United States Code. dicators of motivation and probability of Preference may not be given to an individual ‘‘(B) SAME REQUIREMENTS.—The rebuilt or successful completion of training at the for appointment as a cadet at the Academy replacement vessel shall be eligible in the Academy. because one or more members of the individ- same manner and subject to the same re- ‘‘(B) APPOINTMENTS BY JURISDICTION.—The ual’s immediate family are alumni of the strictions and limitations under such sub- Secretary shall appoint individuals to fill Academy.’’. section as the vessel being rebuilt or re- the positions allocated under subsection (c) (b) MINORITY RECRUITING PROGRAM.— placed. for each jurisdiction in the order of merit of (1) IN GENERAL.—Chapter 9 of title 14, ‘‘(C) TRANSFER OF PERMITS AND LICENSES.— the individuals nominated from that juris- United States Code, is amended by adding at Each fishing permit and license held by the diction. the end the following new section: owner of a vessel or vessels to be rebuilt or ‘‘(C) REMAINING UNFILLED POSITIONS.—If po- replaced under subparagraph (A) shall be sitions remain unfilled after the appoint- ‘‘§ 197. Minority recruiting program transferred to the rebuilt or replacement ments are made under paragraph (2), the Sec- ‘‘The Secretary of the department in which vessel. retary shall appoint individuals to fill the the Coast Guard is operating shall establish ‘‘(2) RECOMMENDATIONS OF NORTH PACIFIC positions in the order of merit of the remain- a minority recruiting program for prospec- COUNCIL.—The North Pacific Council may ing individuals nominated from all jurisdic- tive cadets at the Coast Guard Academy. The recommend for approval by the Secretary tions. program may include— such conservation and management meas- ‘‘(5) NONCOMPETITIVE APPOINTMENTS.—The ‘‘(1) use of minority cadets and officers to ures, including size limits and measures to Secretary may appoint each year without provide information regarding the Coast control fishing capacity, in accordance with competition as cadets at the Academy the Guard and the Academy to students in high the Magnuson-Stevens Act as it considers following: schools; necessary to ensure that this subsection does

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00024 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.000 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 6907 not diminish the effectiveness of fishery for the NORTHERN VOYAGER that com- (3) by adding at the end the following: management plans of the Bering Sea and plies with paragraphs (2), (5), and (6) of sec- ‘‘(4) sales taxes on goods and services pro- Aleutian Islands Management Area or the tion 208(g) of this Act)’’; and vided to or by vessels or watercraft (other Gulf of Alaska. (C) by striking ‘‘, in the case of the than vessels or watercraft primarily engaged ‘‘(3) SPECIAL RULE FOR REPLACEMENT OF NORTHERN’’ and all that follows through in foreign commerce).’’. CERTAIN VESSELS.— ‘‘PHOENIX,’’. SEC. 303. SEAWARD EXTENSION OF ANCHORAGE ‘‘(A) IN GENERAL.—Notwithstanding the re- (3) FISHERY COOPERATIVE EXIT PROVISIONS.— GROUNDS JURISDICTION. quirements of subsections (b)(2), (c)(1), and Section 210(b) of the American Fisheries Act Section 7 of the Rivers and Harbors Appro- (c)(2) of section 12113 of title 46, United (title II of division C of Public Law 105–277; priations Act of 1915 (33 U.S.C. 471) is amend- States Code, a vessel that is eligible under 112 Stat. 2681–629) is amended— ed— subsection (a), (b), (c), (d), or (e) (other than (A) by moving the matter beginning with (1) by striking ‘‘That the’’ and inserting paragraph (21)) and that qualifies to be docu- ‘‘the Secretary shall’’ in paragraph (1) 2 ems the following: mented with a fishery endorsement pursuant to the right; ‘‘(a) IN GENERAL.—The’’. to section 203(g) or 213(g) may be replaced (B) by adding at the end the following: (2) in subsection (a) (as designated by para- with a replacement vessel under paragraph ‘‘(7) FISHERY COOPERATIVE EXIT PROVI- graph (1)) by striking ‘‘$100; and the’’ and in- (1) if the vessel that is replaced is validly SIONS.— serting ‘‘up to $10,000. Each day during which documented with a fishery endorsement pur- ‘‘(A) FISHING ALLOWANCE DETERMINATION.— a violation continues shall constitute a sepa- suant to section 203(g) or 213(g) before the re- For purposes of determining the aggregate rate violation. The’’; placement vessel is documented with a fish- percentage of directed fishing allowances (3) by adding at the end the following: ery endorsement under section 12113 of title under paragraph (1), when a catcher vessel is ‘‘(b) DEFINITION.—As used in this section 46, United States Code. removed from the directed pollock fishery, ‘navigable waters of the United States’ in- ‘‘(B) APPLICABILITY.—A replacement vessel the fishery allowance for pollock for the ves- cludes all waters of the territorial sea of the under subparagraph (A) and its owner and sel being removed— United States as described in Presidential mortgagee are subject to the same limita- ‘‘(i) shall be based on the catch history de- Proclamation No. 5928 of December 27, 1988.’’. tions under section 203(g) or 213(g) that are termination for the vessel made pursuant to SEC. 304. MARITIME DRUG LAW ENFORCEMENT applicable to the vessel that has been re- section 679.62 of title 50, Code of Federal Reg- ACT AMENDMENT-SIMPLE POSSES- placed and its owner and mortgagee. ulations, as in effect on the date of enact- SION. ‘‘(4) SPECIAL RULES FOR CERTAIN CATCHER ment of the Coast Guard Authorization Act Section 70506 of title 46, United States VESSELS.— of 2008; and Code, is amended by adding at the end the ‘‘(A) IN GENERAL.—A replacement for a cov- ‘‘(ii) shall be assigned, for all purposes following: ered vessel described in subparagraph (B) is under this title, in the manner specified by ‘‘(c) SIMPLE POSSESSION.— prohibited from harvesting fish in any fish- the owner of the vessel being removed to any ‘‘(1) IN GENERAL.—Any individual on a ves- ery (except for the Pacific whiting fishery) other catcher vessel or among other catcher sel subject to the jurisdiction of the United managed under the authority of any regional vessels participating in the fishery coopera- States who is found by the Secretary, after fishery management council (other than the tive if such vessel or vessels remain in the notice and an opportunity for a hearing, to North Pacific Council) established under sec- fishery cooperative for at least one year have knowingly or intentionally possessed a tion 302(a) of the Magnuson-Stevens Act. after the date on which the vessel being re- controlled substance within the meaning of ‘‘(B) COVERED VESSELS.—A covered vessel moved leaves the directed pollock fishery. the Controlled Substances Act (21 U.S.C. 812) referred to in subparagraph (A) is— ‘‘(B) ELIGIBILITY FOR FISHERY ENDORSE- shall be liable to the United States for a civil ‘‘(i) a vessel eligible under subsection (a), MENT.—Except as provided in subparagraph penalty of not to exceed $10,000 for each vio- (b), or (c) that is replaced under paragraph (C), a vessel that is removed pursuant to this lation. The Secretary shall notify the indi- (1); or paragraph shall be permanently ineligible vidual in writing of the amount of the civil ‘‘(ii) a vessel eligible under subsection (a), for a fishery endorsement, and any claim (in- penalty. (b), or (c) that is rebuilt to increase its reg- cluding relating to catch history) associated ‘‘(2) DETERMINATION OF AMOUNT.—In deter- istered length, gross tonnage, or shaft horse- with such vessel that could qualify any mining the amount of the penalty, the Sec- power. owner of such vessel for any permit to par- retary shall consider the nature, cir- ‘‘(5) LIMITATION ON FISHERY ENDORSE- ticipate in any fishery within the exclusive cumstances, extent, and gravity of the pro- MENTS.—Any vessel that is replaced under economic zone of the United States shall be hibited acts committed and, with respect to this subsection shall thereafter not be eligi- extinguished, unless such removed vessel is the violator, the degree of culpability, any ble for a fishery endorsement under section thereafter designated to replace a vessel to history of prior offenses, ability to pay, and 12113 of title 46, United States Code, unless be removed pursuant to this paragraph. other matters that justice requires. that vessel is also a replacement vessel de- ‘‘(C) LIMITATIONS ON STATUTORY CONSTRUC- ‘‘(3) TREATMENT OF CIVIL PENALTY ASSESS- scribed in paragraph (1). TION.—Nothing in this paragraph shall be MENT.—Assessment of a civil penalty under ‘‘(6) GULF OF ALASKA LIMITATION.—Notwith- construed— this subsection shall not be considered a con- standing paragraph (1), the Secretary shall ‘‘(i) to make the vessels AJ (United States viction for purposes of State or Federal law prohibit from participation in the groundfish official number 905625), DONA MARTITA but may be considered proof of possession if fisheries of the Gulf of Alaska any vessel (United States official number 651751), NOR- such a determination is relevant.’’. that is rebuilt or replaced under this sub- DIC EXPLORER (United States official num- SEC. 305. TECHNICAL AMENDMENTS TO TON- section and that exceeds the maximum ber 678234), and PROVIDIAN (United States NAGE MEASUREMENT LAW. length overall specified on the license that official number 1062183) ineligible for a fish- (a) DEFINITIONS.—Section 14101(4) of title authorizes fishing for groundfish pursuant to ery endorsement or any permit necessary to 46, United States Code, is amended— the license limitation program under part participate in any fishery under the author- (1) by striking ‘‘engaged’’ the first place it 679 of title 50, Code of Federal Regulations, ity of the New England Fishery Management appears and inserting ‘‘that engages’’; as in effect on the date of enactment of the Council or the Mid-Atlantic Fishery Manage- (2) in subparagraph (A), by striking ‘‘arriv- Coast Guard Authorization Act of 2008. ment Council established, respectively, ing’’ and inserting ‘‘that arrives’’; ‘‘(7) AUTHORITY OF PACIFIC COUNCIL.—Noth- under subparagraphs (A) and (B) of section (3) in subparagraph (B)— ing in this section shall be construed to di- 302(a)(1) of the Magnuson-Stevens Act; or (A) by striking ‘‘making’’ and inserting minish or otherwise affect the authority of ‘‘(ii) to allow the vessels referred to in ‘‘that makes’’; and the Pacific Council to recommend to the clause (i) to participate in any fishery under (B) by striking ‘‘(except a foreign vessel Secretary conservation and management the authority of the Councils referred to in engaged on that voyage)’’; measures to protect fisheries under its juris- clause (i) in any manner that is not con- (4) in subparagraph (C), by striking ‘‘de- diction (including the Pacific whiting fish- sistent with the fishery management plan parting’’ and inserting ‘‘that departs’’; and ery) and participants in such fisheries from for the fishery developed by the Councils (5) in subparagraph (D), by striking ‘‘mak- adverse impacts caused by this Act.’’. under section 303 of the Magnuson-Stevens ing’’ and inserting ‘‘that makes’’. (2) EXEMPTION OF CERTAIN VESSELS.—Sec- Act.’’. (b) DELEGATION OF AUTHORITY.—Section tion 203(g) of the American Fisheries Act SEC. 302. GOODS AND SERVICES. 14103(c) of that title is amended by striking (title II of division C of Public Law 105–277; Section 4(b) of the Act of July 5, 1884, com- ‘‘intended to be engaged on’’ and inserting 112 Stat. 2681–620) is amended— monly known as the Rivers and Harbors Ap- ‘‘that engages on’’. (A) by inserting ‘‘and’’ after ‘‘(United propriation Act of 1884 (33 U.S.C. 5(b)), is (c) APPLICATION.—Section 14301 of that States official number 651041)’’; amended— title is amended— (B) by striking ‘‘, NORTHERN TRAVELER (1) by striking ‘‘or’’ at the end of paragraph (1) by amending subsection (a) to read as (United States official number 635986), and (2)(C); follows: NORTHERN VOYAGER (United States offi- (2) by striking the period at the end of ‘‘(a) Except as otherwise provided in this cial number 637398) (or a replacement vessel paragraph (3) and inserting ‘‘; or’’; and section, this chapter applies to any vessel for

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00025 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.000 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6908 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 April 24, 2008

which the application of an international (g) APPLICATION.—Section 14501 of that or beyond 3 nautical miles from the coastline agreement or other law of the United States title is amended— of the Great Lakes’’; to the vessel depends on the vessel’s ton- (1) by amending paragraph (1) to read as (C) in paragraph (2)(B), by striking ‘‘life- nage.’’; follows: boats or liferafts’’ and inserting ‘‘a survival (2) in subsection (b)— ‘‘(1) A vessel not measured under chapter craft that ensures that no part of an indi- (A) in paragraph (1), by striking the period 143 of this title if the application of an inter- vidual is immersed in water’’; at the end and inserting ‘‘, unless the govern- national agreement or other law of the (D) in paragraph (2)(D), by inserting ‘‘ma- ment of the country to which the vessel be- United States to the vessel depends on the rine’’ before ‘‘radio’’; longs elects to measure the vessel under this vessel’s tonnage.’’; and (E) in paragraph (2)(E), by striking ‘‘radar chapter.’’; (2) in paragraph (2), by striking ‘‘a vessel’’ reflectors, nautical charts, and anchors’’ and (B) in paragraph (3), by inserting ‘‘of and inserting ‘‘A vessel’’. inserting ‘‘nautical charts, and publica- United States or Canadian registry or na- (h) DUAL TONNAGE MEASUREMENT.—Section tions’’; tionality, or a vessel operated under the au- 14513(c) of that title is amended— (F) in paragraph (2)(F), by striking ‘‘, in- thority of the United States or Canada, and (1) in paragraph (1)— cluding medicine chests’’ and inserting ‘‘and that is’’ after ‘‘vessel’’; (A) by striking ‘‘vessel’s tonnage mark is medical supplies sufficient for the size and (C) in paragraph (4), by striking ‘‘a vessel below the uppermost part of the load line area of operation of the vessel’’ and (except a vessel engaged’’ and inserting ‘‘a marks,’’ and inserting ‘‘vessel is assigned (G) by amending paragraph (2)(G) to read vessel of United States registry or nation- two sets of gross and net tonnages under this as follows: ality, or one operated under the authority of section,’’; and ‘‘(G) ground tackle sufficient for the ves- the United States (except a vessel that en- (B) by inserting ‘‘vessel’s tonnage’’ before sel.’’; gages’’; ‘‘mark’’ the second place such term appears; (3) by amending subsection (f) to read as (D) by striking paragraph (5); and follows: (E) by redesignating paragraph (6) as para- (2) in paragraph (2), by striking the period ‘‘(f) To ensure compliance with the require- graph (5); and at the end and inserting ‘‘as assigned under ments of this chapter, the Secretary— (F) by amending paragraph (5), as so redes- this section.’’. ‘‘(1) shall require the individual in charge ignated, to read as follows: (i) RECIPROCITY FOR FOREIGN VESSELS.— of a vessel described in subsection (b) to keep ‘‘(5) a barge of United States registry or Subchapter II of chapter 145 of that title is a record of equipment maintenance, and re- nationality, or a barge operated under the amended by adding at the end the following: quired instruction and drills; and authority of the United States (except a ‘‘§ 14514. Reciprocity for foreign vessels ‘‘(2) shall examine at dockside a vessel de- barge that engages on a foreign voyage) un- ‘‘For a foreign vessel not measured under scribed in subsection (b) at least twice every less the owner requests.’’; chapter 143, if the Secretary finds that the 5 years, and shall issue a certificate of com- (3) by striking subsection (c); laws and regulations of a foreign country re- pliance to a vessel meeting the requirements (4) by redesignating subsections (d) and (e) lated to measurement of vessels are substan- of this chapter.’’; and as subsections (c) and (d), respectively; and tially similar to those of this chapter and (4) by adding at the end the following: (5) in subsection (c), as redesignated, by the regulations prescribed under this chap- ‘‘(g)(1) The individual in charge of a vessel striking ‘‘After July 18, 1994, an existing ves- ter, the Secretary may accept the measure- described in subsection (b) must pass a train- sel (except an existing vessel referred to in ment and certificate of a vessel of that for- ing program approved by the Secretary that subsection (b)(5)(A) or (B) of this section)’’ eign country as complying with this chapter meets the requirements in paragraph (2) of and inserting ‘‘An existing vessel that has and the regulations prescribed under this this subsection and hold a valid certificate not undergone a change that the Secretary chapter.’’. issued under that program. finds substantially affects the vessel’s gross ‘‘(2) The training program shall— (j) CLERICAL AMENDMENT.—The analysis for tonnage (or a vessel to which IMO Resolu- subchapter II of chapter 145 of such title is ‘‘(A) be based on professional knowledge tions A.494 (XII) of November 19, 1981, A.540 amended by adding at the end the following: and skill obtained through sea service and (XIII) of November 17, 1983, or A.541 (XIII) of hands-on training, including training in sea- November 17, 1983 apply)’’. ‘‘14514. Reciprocity for foreign vessels.’’. manship, stability, collision prevention, (d) MEASUREMENT.—Section 14302(b) of that SEC. 306. COLD WEATHER SURVIVAL TRAINING. navigation, fire fighting and prevention, title is amended to read as follows: (a) REPORT.—The Commandant of the damage control, personal survival, emer- ‘‘(b) A vessel measured under this chapter Coast Guard shall report to the Committee gency medical care, and weather; may not be required to be measured under on Transportation and Infrastructure of the ‘‘(B) require an individual to demonstrate another law.’’. House of Representatives and the Committee ability to communicate in an emergency sit- (e) TONNAGE CERTIFICATE.— on Commerce, Science, and Transportation uation and understand information found in (1) ISSUANCE.—Section 14303 of title 46, of the Senate on the efficacy of cold weather navigation publications; United States Code, is amended— survival training conducted by the Coast ‘‘(C) recognize and give credit for recent (A) in subsection (a), by adding at the end Guard in Coast Guard District 17 over the past experience in fishing vessel operation; the following: ‘‘For a vessel to which the preceding 5 years. The report shall include and Convention does not apply, the Secretary plans for conducting such training in fiscal ‘‘(D) provide for issuance of a certificate to shall prescribe a certificate to be issued as years 2008 through 2011. an individual that has successfully com- evidence of a vessel’s measurement under (b) AUTHORIZATION OF APPROPRIATIONS FOR pleted the program. this chapter.’’; TRAINING.—There are authorized to be appro- ‘‘(3) The Secretary shall prescribe regula- (B) in subsection (b), by inserting ‘‘issued priated to the Secretary of Homeland Secu- tions implementing this subsection. The reg- under this section’’ after ‘‘certificate’’; and rity $150,000 to carry out cold weather sur- ulations shall require that individuals who (C) in the section heading by striking vival training in Coast Guard District 17. are issued a certificate under paragraph ‘‘INTERNATIONAL’’ and ‘‘(1969)’’. SEC. 307. FISHING VESSEL SAFETY. (2)(D) must complete refresher training at (2) MAINTENANCE.—Section 14503 of that (a) SAFETY STANDARDS.—Section 4502 of least once every 5 years as a condition of title is amended— title 46, United States Code, is amended— maintaining the validity of the certificate. (A) by designating the existing text as sub- (1) in subsection (a), by— ‘‘(4) The Secretary shall establish a pub- section (a); and (A) striking paragraphs (6) and (7) and in- licly accessible electronic database listing (B) by adding at the end the following new serting the following: the names of individuals who have partici- subsection: ‘‘(6) other equipment required to minimize pated in and received a certificate con- ‘‘(b) The certificate shall be maintained as the risk of injury to the crew during vessel firming successful completion of a training required by the Secretary.’’. operations, if the Secretary determines that program approved by the Secretary under (3) CLERICAL AMENDMENT.—The analysis at a risk of serious injury exists that can be this section. the beginning of chapter 143 of that title is eliminated or mitigated by that equipment; ‘‘(h) A vessel to which this chapter applies amended by striking the item relating to and’’; and shall be constructed in a manner that pro- section 14303 and inserting the following: (B) redesignating paragraph (8) as para- vides a level of safety equivalent to the min- ‘‘14303. Tonnage Certificate.’’. graph (7); imum safety standards the Secretary may (f) OPTIONAL REGULATORY MEASUREMENT.— (2) in subsection (b)— established for recreational vessels under Section 14305(a) of that title is amended by (A) in paragraph (1) in the matter pre- section 4302, if— striking ‘‘documented vessel measured under ceding subparagraph (A), by striking ‘‘docu- ‘‘(1) subsection (b) of this section applies to this chapter,’’ and inserting ‘‘vessel meas- mented’’; the vessel; ured under this chapter that is of United (B) in paragraph (1)(A), by striking ‘‘the ‘‘(2) the vessel is less than 50 feet overall in States registry or nationality, or a vessel op- Boundary Line’’ and inserting ‘‘3 nautical length; and erated under the authority of the United miles from the baseline from which the terri- ‘‘(3) the vessel is built after January 1, States,’’. torial sea of the United States is measured 2008.

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00026 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.000 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 6909 ‘‘(i)(1) The Secretary shall establish a Fish- ‘‘(c) This section applies to a vessel to $12,000,000 for a deepwater port used only in ing Safety Training Grants Program to pro- which section 4502(b) of this title applies connection with transportation of natural vide funding to municipalities, port authori- that— gas.’’. ties, other appropriate public entities, not- ‘‘(1) is at least 50 feet overall in length; SEC. 311. PERIOD OF LIMITATIONS FOR CLAIMS for-profit organizations, and other qualified ‘‘(2) is built after January 1, 2008; or AGAINST OIL SPILL LIABILITY persons that provide commercial fishing ‘‘(3) undergoes a major conversion com- TRUST FUND. safety training— pleted after that date. Section 1012(h)(1) of the Oil Pollution Act ‘‘(A) to conduct fishing vessel safety train- ‘‘(d)(1) After January 1, 2018, a fishing ves- of 1990 (33 U.S.C. 2712(h)(1)) is amended by ing for vessel operators and crewmembers sel, fish processing vessel, or fish tender ves- striking ‘‘6’’ and inserting ‘‘3’’. that— sel to which section 4502(b) of this title ap- SEC. 312. LOG BOOKS. ‘‘(i) in the case of vessel operators, meets plies shall comply with an alternate safety (a) IN GENERAL.—Chapter 113 of title 46, the requirements of subsection (g); and compliance program that is developed in co- United States Code, is amended by adding at ‘‘(ii) in the case of crewmembers, meets operation with the commercial fishing indus- the end the following: the requirements of subsection (g)(2)(A), try and prescribed by the Secretary, if the ‘‘§ 11304. Additional logbook and entry re- such requirements of subsection (g)(2)(B) as vessel— quirements ‘‘(A) is at least 50 feet overall in length; are appropriate for crewmembers, and the re- ‘‘(a) A vessel of the United States that is ‘‘(B) is built before January 1, 2008; and quirements of subsections (g)(2)(D), (g)(3), subject to inspection under section 3301 of ‘‘(C) is 25 years of age or older. and (g)(4); and this title, except a vessel on a voyage from a ‘‘(B) for purchase of safety equipment and ‘‘(2) Alternative safety compliance pro- grams may be developed for purposes of para- port in the United States to a port in Can- training aids for use in those fishing vessel ada, shall have an official logbook, which safety training programs. graph (1) for specific regions and fisheries. ‘‘(3) A fishing vessel, fish processing vessel, shall be kept available for review by the Sec- ‘‘(2) The Secretary shall award grants or fish tender vessel to which section 4502(b) retary on request. under this subsection on a competitive basis. of this title applies that was classed before ‘‘(b) The log book required by subsection ‘‘(3) The Federal share of the cost of any January 1, 2008, shall— (a) shall include the following entries: activity carried out with a grant under this ‘‘(A) remain subject to the requirements of ‘‘(1) The time when each seaman and each subsection shall not exceed 75 percent. a classification society approved by the Sec- officer assumed or relieved the watch. ‘‘(4) There is authorized to be appropriated ‘‘(2) The number of hours in service to the $3,000,000 for each of fiscal years 2008 through retary; and ‘‘(B) have on board a certificate from that vessels of each seaman and each officer. 2012 for grants under this subsection. ‘‘(3) An account of each accident, illness, ‘‘(j)(1) The Secretary shall establish a Fish- society.’’. (2) CLERICAL AMENDMENT.—The table of and injury that occurs during each watch.’’. ing Safety Research Grant Program to pro- (b) CLERICAL AMENDMENT.—The table of vide funding to individuals in academia, section at the beginning of chapter 45 of title 46, United States Code, is amended by strik- sections at the beginning of such chapter is members of non-profit organizations and amended by adding at the end the following: businesses involved in fishing and maritime ing the item relating to such section and in- serting the following: ‘‘11304. Additional logbook and entry require- matters, and other persons with expertise in ments.’’. fishing safety, to conduct research on meth- ‘‘4503. Fishing, fish tender, and fish proc- SEC. 313. UNSAFE OPERATION. ods of improving the safety of the commer- essing vessel certification.’’. (a) IN GENERAL.—Chapter 21 of title 46, cial fishing industry, including vessel design, (f) ALTERNATIVE SAFETY COMPLIANCE PRO- United States Code, is amended by adding at emergency and survival equipment, enhance- GRAM.—No later than January 1, 2015, the the end the following new section: ment of vessel monitoring systems, commu- Secretary of the department in which the nications devices, de-icing technology, and Coast Guard is operating shall prescribe an ‘‘§ 2116. Termination for unsafe operation severe weather detection. alternative safety compliance program re- ‘‘An individual authorized to enforce this ‘‘(2) The Secretary shall award grants ferred to in section 4503(d) of the title 46, title— under this subsection on a competitive basis. United States Code, as amended by this sec- ‘‘(1) may remove a certificate required by ‘‘(3) The Federal share of the cost of any tion. this title from a vessel that is operating in a activity carried out with a grant under this SEC. 308. MARINER RECORDS. condition that does not comply with the pro- subsection shall not exceed 75 percent.’’. Section 7502 of title 46, United States Code, visions of the certificate; (b) CONFORMING AMENDMENT.—Section is amended— ‘‘(2) may order the individual in charge of 4506(b) of title 46, United States Code, is re- (1) by inserting ‘‘(a)’’ before ‘‘The’’; a vessel that is operating that does not have pealed. (2) by striking ‘‘computerized records’’ and on board the certificate required by this title (c) ADVISORY COMMITTEE.— inserting ‘‘records, including electronic to return the vessel to a mooring and to re- (1) CHANGE OF NAME.—Section 4508 of title records,’’; and main there until the vessel is in compliance 46, United States Code, is amended— (3) by adding at the end the following: with this title; and (A) by striking the section heading and in- ‘‘(b) The Secretary may prescribe regula- ‘‘(3) may direct the individual in charge of serting the following: tions requiring a vessel owner or managing a vessel to which this title applies to imme- ‘‘§ 4508. Commercial Fishing Safety Advisory operator of a commercial vessel, or the em- diately take reasonable steps necessary for Committee’’; ployer of a seaman on that vessel, to main- the safety of individuals on board the vessel tain records of each individual engaged on if the official observes the vessel being oper- and the vessel on matters of engagement, dis- ated in an unsafe condition that the official (B) in subsection (a) by striking ‘‘Industry charge, and service for not less than 5 years believes creates an especially hazardous con- Vessel’’. after the date of the completion of the serv- dition, including ordering the individual in (2) CLERICAL AMENDMENT.—The table of ice of that individual on the vessel. The reg- charge to return the vessel to a mooring and section at the beginning of chapter 45 of title ulations may require that a vessel owner, to remain there until the situation creating 46, United States Code, is amended by strik- managing operator, or employer shall make the hazard is corrected or ended.’’. ing the item relating to such section and in- these records available to the individual and (b) CLERICAL AMENDMENT.—The table of serting the following: the Coast Guard on request. sections at the beginning of that title is ‘‘4508. Commercial Fishing Safety Advisory ‘‘(c) A person violating this section, or a amended by adding at the end the following: Committee.’’. regulation prescribed under this section, is ‘‘2116. Termination for unsafe operation.’’. liable to the United States Government for a (d) LOADLINES FOR VESSELS OVER 79 SEC. 314. APPROVAL OF SURVIVAL CRAFT. civil penalty of not more than $5,000.’’. FEET.—Section 5102(b)(3) of title 46, United (a) IN GENERAL.—Chapter 31 of title 46, States Code, is amended by inserting after SEC. 309. DELETION OF EXEMPTION OF LICENSE United States Code, is amended by adding at REQUIREMENT FOR OPERATORS OF ‘‘vessel’’ the following ‘‘, unless the vessel is the end the following new section: built or undergoes a major conversion com- CERTAIN TOWING VESSELS. Section 8905 of title 46, United States Code, ‘‘§ 3104. Survival craft pleted after January 1, 2008’’. is amended— ‘‘(a) Except as provided in subsection (b), (e) CLASSING OF VESSELS.— (1) by striking subsection (b); and the Secretary may not approve a survival (1) IN GENERAL.—Section 4503 of title 46, craft as a safety device for purposes of this United States Code, is amended— (2) by redesignating subsection (c) as sub- part, unless the craft ensures that no part of (A) by striking the section heading and in- section (b). an individual is immersed in water. serting the following: SEC. 310. ADJUSTMENT OF LIABILITY LIMITS FOR NATURAL GAS DEEPWATER PORTS. ‘‘(b) The Secretary may authorize a sur- ‘‘§ 4503. Fishing, fish tender, and fish proc- Section 1004(d)(2) of the Oil Pollution Act vival craft that does not provide protection essing vessel certification’’; of 1990 (33 U.S.C. 2704(d)(2)) is amended by described in subsection (a) to remain in serv- (B) in subsection (a) by striking ‘‘fish proc- adding at the end the following: ice until not later than January 1, 2013, if— essing’’; and ‘‘(D) The Secretary may establish, by regu- ‘‘(1) it was approved by the Secretary be- (C) by adding at the end the following: lation, a limit of liability of not less than fore January 1, 2008; and

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00027 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.000 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6910 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 April 24, 2008 ‘‘(2) it is in serviceable condition.’’. tion, including with respect to the right to ment issued under this chapter is valid for a (b) CLERICAL AMENDMENT.—The table of file an objection, the right of a person to file 5-year period and may be renewed for addi- sections at the beginning of that title is for a petition for review under subsection (c) tional 5-year periods. amended by adding at the end the following: of that section, and the requirement to bring ‘‘(2) ADVANCE RENEWALS.—A renewed mer- ‘‘3104. Survival craft.’’. a civil action under subsection (d) of that chant mariner’s document may be issued SEC. 315. SAFETY MANAGEMENT. section.’’. under this chapter up to 8 months in advance (a) VESSELS TO WHICH REQUIREMENTS (b) EXISTING ACTIONS.—This section shall but is not effective until the date that the APPLY.—Section 3202 of title 46, United not affect the application of section 2114(b) previously issued merchant mariner’s docu- States Code, is amended— of title 46, United States Code, as in effect ment expires.’’. (1) in subsection (a) by striking the head- before the date of enactment of this Act, to (b) DURATION OF LICENSES.—Section 7106 of ing and inserting ‘‘FOREIGN VOYAGES AND an action filed under that section before that such title is amended to read as follows: FOREIGN VESSELS.—’’; date. ‘‘§ 7106. Duration of licenses SEC. 317. DRY BULK CARGO RESIDUE. (2) by redesignating subsections (b) and (c) ‘‘(a) IN GENERAL.—A license issued under as subsections (c) and (d), respectively; Section 623(a)(2) of the Coast Guard and this part is valid for a 5-year period and may (3) by inserting after subsection (a) the fol- Maritime Transportation Act of 2004 (33 be renewed for additional 5-year periods; ex- lowing: U.S.C. 1901 note) is amended by striking cept that the validity of a license issued to ‘‘(b) OTHER PASSENGER VESSELS.—This ‘‘2008’’ and inserting ‘‘2011’’. a radio officer is conditioned on the contin- chapter applies to a vessel that is— SEC. 318. OIL FUEL TANK PROTECTION. uous possession by the holder of a first-class ‘‘(1) a passenger vessel or small passenger Section 3306 of title 46, United States Code, or second-class radiotelegraph operator li- vessel; and is amended by adding at the end the fol- cense issued by the Federal Communications ‘‘(2) is transporting more passengers than a lowing new subsection: Commission. number prescribed by the Secretary based on ‘‘(k)(1) Each vessel of the United States ‘‘(b) ADVANCE RENEWALS.—A renewed li- the number of individuals on the vessel that that is constructed under a contract entered cense issued under this part may be issued could be killed or injured in a marine cas- into after the date of enactment of the Coast up to 8 months in advance but is not effec- ualty.’’; Guard Authorization Act of 2008, or that is tive until the date that the previously issued (4) in subsection (d), as so redesignated, by delivered after August 1, 2010, with an aggre- license expires.’’. striking ‘‘subsection (b)’’ and inserting ‘‘sub- gate capacity of 600 cubic meters or more of (c) CERTIFICATES OF REGISTRY.—Section section (c)’’; oil fuel, shall comply with the requirements 7107 of such title is amended to read as fol- (5) in subsection (d)(4), as so redesignated, of Regulation 12A under Annex I to the Pro- lows: by inserting ‘‘that is not described in sub- tocol of 1978 relating to the International ‘‘§ 7107. Duration of certificates of registry section (b) of this section’’ after ‘‘waters’’. Convention for the Prevention of Pollution (b) SAFETY MANAGEMENT SYSTEM.—Section from Ships, 1973, entitled ‘Oil Fuel Tank Pro- ‘‘(a) IN GENERAL.—A certificate of registry 3203 of title 46, United States Code, is amend- tection.’ issued under this part is valid for a 5-year pe- ed by adding at the end the following new ‘‘(2) The Secretary may prescribe regula- riod and may be renewed for additional 5- subsection: tions to apply the requirements described in year periods; except that the validity of a ‘‘(c) In prescribing regulations for pas- Regulation 12A to vessels described in para- certificate issued to a medical doctor or pro- senger vessels and small passenger vessels, graph (1) that are not otherwise subject to fessional nurse is conditioned on the contin- the Secretary shall consider— that convention. Any such regulation shall uous possession by the holder of a license as ‘‘(1) the characteristics, methods of oper- be considered to be an interpretive rule for a medical doctor or registered nurse, respec- ation, and nature of the service of these ves- the purposes of section 553 of title 5. tively, issued by a State. sels; and ‘‘(3) In this subsection the term ‘oil fuel’ ‘‘(b) ADVANCE RENEWALS.—A renewed cer- ‘‘(2) with respect to vessels that are ferries, means any oil used as fuel in connection tificate of registry issued under this part the sizes of the ferry systems within which with the propulsion and auxiliary machinery may be issued up to 8 months in advance but the vessels operate.’’. of the vessel in which such oil is carried.’’. is not effective until the date that the pre- SEC. 316. PROTECTION AGAINST DISCRIMINA- SEC. 319. REGISTRY ENDORSEMENT FOR LNG viously issued certificate of registry ex- TION. VESSELS. pires.’’. (a) IN GENERAL.—Section 2114 of title 46, Section 12111 of title 46, United States SEC. 322. FINGERPRINTING. United States Code, is amended— Code, is amended by adding at the end the (a) MERCHANT MARINER LICENSES AND DOC- (1) in subsection (a)(1)(A), by striking ‘‘or’’ following: UMENTS.—Chapter 75 of title 46, United after the semicolon; ‘‘(d)(1) A vessel for which a registry en- States Code, is amended by adding at the end (2) in subsection (a)(1)(B), by striking the dorsement is not issued may not engage in the following: period at the end and inserting a semicolon; regasifying on navigable waters unless the ‘‘§ 7507. Fingerprinting vessel transported the gas from a foreign (3) by adding at the end of subsection (a)(1) ‘‘The Secretary of the Department in the following new subparagraphs: port. ‘‘(2) Nothing in paragraph (1) or any other which the Coast Guard is operating may not ‘‘(C) the seaman testified in a proceeding require an individual to be fingerprinted for brought to enforce a maritime safety law or provision of this title may be construed as— ‘‘(A) applying to such paragraph a defini- the issuance or renewal of a license, a certifi- regulation prescribed under that law; cate of registry, or a merchant mariner’s ‘‘(D) the seaman notified, or attempted to tion of the term ‘vessel’ that includes any structure on, in, or under the navigable wa- document under chapter 71 or 73 if the indi- notify, the vessel owner or the Secretary of vidual was fingerprinted when the individual a work-related personal injury or work-re- ters of the United States that the Coast Guard regulates as a waterfront facility han- applied for a transportation security card lated illness of a seaman; under section 70105.’’. ‘‘(E) the seaman cooperated with a safety dling liquified natural gas under part 127 of (b) CLERICAL AMENDMENT.—The analysis title 33, Code of Federal Regulations; or investigation by the Secretary or the Na- for such chapter is amended by adding at the ‘‘(B) having any effect on the jurisdiction tional Transportation Safety Board; end the following: ‘‘(F) the seaman furnished information to of the Federal Energy Regulatory Commis- the Secretary, the National Transportation sion under section 3(e)(1) of the Natural Gas ‘‘7507. Fingerprinting.’’. Safety Board, or any other public official as Act. SEC. 323. AUTHORIZATION TO EXTEND THE DU- to the facts relating to any marine casualty ‘‘(3) Paragraph (2)(A) does not affect the RATION OF LICENSES, CERTIFI- authority of the Coast Guard to modify the CATES OF REGISTRY, AND MER- resulting in injury or death to an individual CHANT MARINERS’ DOCUMENTS. or damage to property occurring in connec- provisions of part 127 of title 33, Code of Fed- (a) MERCHANT MARINER LICENSES AND DOC- tion with vessel transportation; or eral Regulations.’’. UMENTS.—Chapter 75 of title 46, United ‘‘(G) the seaman accurately reported hours SEC. 320. OATHS. States Code, as amended by section 322(a) of of duty under this part.’’; and Sections 7105 and 7305 of title 46, United this Act, is further amended by adding at the (4) by amending subsection (b) to read as States Code, and the items relating to such end the following: follows: sections in the analysis for chapters 71 and ‘‘(b) A seaman alleging discharge or dis- 73 of such title, are repealed. ‘‘§ 7508. Authority to extend the duration of li- crimination in violation of subsection (a) of SEC. 321. DURATION OF CREDENTIALS. censes, certificates of registry, and mer- this section, or another person at the sea- (a) MERCHANT MARINER’S DOCUMENTS.— chant mariner documents man’s request, may file a complaint with re- Section 7302(f) of title 46, United States ‘‘(a) LICENSES AND CERTIFICATES OF REG- spect to such allegation in the same manner Code, is amended to read as follows: ISTRY.—Notwithstanding section 7106 and as a complaint may be filed under subsection ‘‘(f) PERIODS OF VALIDITY AND RENEWAL OF 7107, the Secretary of the department in (b) of section 31105 of title 49. Such com- MERCHANT MARINERS’ DOCUMENTS.— which the Coast Guard is operating may ex- plaint shall be subject to the procedures, re- ‘‘(1) IN GENERAL.—Except as provided in tend for one year an expiring license or cer- quirements, and rights described in that sec- subsection (g), a merchant mariner’s docu- tificate of registry issued for an individual

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00028 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.000 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 6911 under chapter 71 if the Secretary determines ments, and certificates of registry is re- ‘‘(B) under section 7101 of this title who has that extension is required to enable the tained in a secure electronic format. made at least 20 round trips on a vessel as a Coast Guard to eliminate a backlog in proc- SEC. 326. MERCHANT MARINER SHORTAGE RE- quartermaster, wheelsman, able seaman, or essing applications for those licenses or cer- PORT. apprentice pilot, or in an equivalent capac- tificates of registry. Not later than 180 days after the date of ity, including— ‘‘(b) MERCHANT MARINER DOCUMENTS.—Not- enactment of this Act, the Secretary of ‘‘(i) at least 1 round trip through Buzzards withstanding section 7302(g), the Secretary Transportation, acting through the Adminis- Bay in the preceding 12-month period; and may extend for one year an expiring mer- trator of the Maritime Administration, shall ‘‘(ii) if the vessel will be navigating in peri- chant mariner’s document issued for an indi- submit to the Committee on Transportation ods of darkness in an area of Buzzards Bay vidual under chapter 71 if the Secretary de- and Infrastructure of the House of Rep- where a vessel is required by regulation to termines that extension is required to enable resentatives and the Committee on Com- have a pilot, at least 5 round trips through the Coast Guard to eliminate a backlog in merce, Science, and Transportation of the Buzzards Bay during periods of darkness.’’. Senate a report concerning methods to ad- processing applications for those documents. SEC. 330. OFFSHORE SUPPLY VESSELS. dress the current and future shortage in the ‘‘(c) MANNER OF EXTENSION.—Any exten- (a) DEFINITION.—Section 2101(19) of title 46, number of merchant mariners, particularly sions granted under this section may be United States Code, is amended by striking entry-level mariners, including an evalua- granted to individual seamen or a specifi- ‘‘of more than 15 gross tons but less than 500 cally identified group of seamen. tion of whether an educational loan program providing loans for the cost of on-the-job gross tons as measured under section 14502 of ‘‘(d) EXPIRATION OF AUTHORITY.—The au- this title, or an alternate tonnage measured thority for providing an extension under this training would provide an incentive for workers and help alleviate the shortage. under section 14302 of this title as prescribed section shall expire on June 30, 2009.’’. by the Secretary under section 14104 of this SEC. 327. MERCHANT MARINER DOCUMENT (b) CLERICAL AMENDMENT.—The analysis title’’. for such chapter, as amended by section STANDARDS. Not later than 270 days after the date of (b) EXEMPTION.—Section 5209(b)(1) of the 322(b), is further amended by adding at the Oceans Act of 1992 (Public Law 102–587; 46 end the following: enactment of this Act, the Secretary of the department in which the Coast Guard is op- U.S.C. 2101 note) is amended by inserting be- ‘‘7508. Authority to extend the duration of li- erating shall submit to the Committee on fore the period at the end the following: ‘‘of censes, certificates of registry, Transportation and Infrastructure of the less than 500 gross tons as measured under and merchant mariner docu- House of Representatives and the Committee section 14502, or an alternate tonnage meas- ments.’’. on Commerce, Science, and Transportation ured under section 14302 of this title as pre- SEC. 324. MERCHANT MARINER DOCUMENTA- of the Senate— scribed by the Secretary under section 14104 TION. (1) a plan to ensure that the process for an of this title.’’. (a) INTERIM CLEARANCE PROCESS.—Not application, by an individual who has, or has (c) WATCHES.—Section 8104 of title 46, later than 180 days after the date of enact- applied for, a transportation security card United States Code, is amended— ment of this Act, the Secretary of the de- under section 70105 of title 46, United States (1) in subsection (g), by inserting after partment in which the Coast Guard is oper- Code, for a merchant mariner document can ‘‘offshore supply vessel’’ the following: ‘‘of ating shall develop an interim clearance be completed entirely by mail; and less than 500 gross tons as measured under process for issuance of a merchant mariner (2) a report on the feasibility of, and a section 14502 of this title, or an alternate document to enable a newly hired seaman to timeline to, redesign the merchant mariner tonnage measured under section 14302 of this begin working on an offshore supply vessel document to comply with the requirements title as prescribed by the Secretary under or towing vessel if the Secretary makes an of such section, including a biometric identi- section 14104 of this title,’’; initial determination that the seaman does fier, and all relevant international conven- (2) in subsection (d), by inserting ‘‘(1)’’ not pose a safety and security risk. tions, including the International Labour Or- after ‘‘(d)’’, and by adding at the end the fol- (b) CONTENTS OF PROCESS.—The process ganization Convention Number 185 con- lowing: under subsection (a) shall include a check cerning the seafarers identity document, and ‘‘(2) Paragraph (1) does not apply to an off- against the consolidated and integrated ter- include a review on whether or not such re- shore supply vessel of more than 6,000 gross rorist watch list maintained by the Federal design will eliminate the need for separate tons as measured under section 14302 of this Government, review of the seaman’s crimi- credentials and background screening and title if the individuals engaged on the vessel nal record, and review of the results of test- streamline the application process for mari- are in compliance with hours of service re- ing the seaman for use of a dangerous drug ners. quirements (including recording and record- (as defined in section 2101 of title 46, United SEC. 328. REPORT ON COAST GUARD DETERMINA- keeping of that service) prescribed by the States Code) in violation of law or Federal TIONS. Secretary.’’; and regulation. Not later than 180 days after enactment of (3) in subsection (e), by striking ‘‘sub- SEC. 325. MERCHANT MARINER ASSISTANCE RE- this Act, the Secretary of Homeland Secu- section (d)’’ and inserting ‘‘subsection PORT. rity shall provide to the Committee on (d)(1)’’. Not later than 180 days after the date of Transportation and Infrastructure of the (d) MINIMUM NUMBER OF LICENSED INDIVID- enactment of this Act, the Commandant of House of Representatives and the Committee UALS.—Section 8301(b) of title 46, United the Coast Guard shall submit to the Com- on Commerce, Science, and Transportation States Code, is amended to read as follows: mittee on Transportation and Infrastructure of the Senate a report on the loss of United ‘‘(b)(1) An offshore supply vessel shall have of the House of Representatives and the States shipyard jobs and industrial base ex- at least one mate. Additional mates on an Committee on Commerce, Science, and pertise as a result of rebuild, conversion, and offshore supply vessel of more than 6,000 Transportation of the Senate a report re- double-hull work on United States-flag ves- gross tons as measured under section 14302 of garding a plan— sels eligible to engage in the coastwise trade this title shall be prescribe in accordance (1) to expand the streamlined evaluation being performed in foreign shipyards, en- with hours of service requirements (includ- process program that was affiliated with the forcement of the Coast Guard’s foreign re- ing recording and record-keeping of that Houston Regional Examination Center of the build determination regulations, and rec- service) prescribed by the Secretary. Coast Guard to all processing centers of the ommendations for improving the trans- ‘‘(2) An offshore supply vessel of more than Coast Guard nationwide; parency in the Coast Guard’s foreign rebuild 200 gross tons as measured under section (2) to include proposals to simplify the ap- determination process. 14502 of this title, or an alternate tonnage plication process for a license as an officer, SEC. 329. PILOT REQUIRED. measured under section 14302 of this title as staff officer, or operator and for a merchant Section 8502(g) of title 46, United States prescribed by the Secretary under section mariner’s document to help eliminate errors Code, is amended— 14104 of this title, may not be operated with- by merchant mariners when completing the (1) in paragraph (1), by inserting ‘‘and Buz- out a licensed engineer.’’. application form (CG–719B), including in- zards Bay, Massachusetts’’ before ‘‘, if any,’’; SEC. 331. RECREATIONAL VESSEL OPERATOR structions attached to the application form and EDUCATION AND TRAINING. and a modified application form for renewals (2) by adding at the end the following: (a) IN GENERAL.—Not later than 180 days with questions pertaining only to the period ‘‘(3) In any area of Buzzards Bay, Massa- after the date of enactment of this Act, the of time since the previous application; chusetts, where a single-hull tanker or tank Secretary of the department in which the (3) to provide notice to an applicant of the vessel carrying 5,000 or more barrels of oil or Coast Guard is operating shall study and re- status of the pending application, including other hazardous material is required to be port to the Committee on Transportation a process to allow the applicant to check on under the direction and control of a pilot, and Infrastructure of the House of Rep- the status of the application by electronic the pilot may not be a member of the crew resentatives and the Committees on Com- means; and of that vessel, and shall be a pilot licensed— merce, Science, and Transportation of the (4) to ensure that all information collected ‘‘(A) by the State of Massachusetts who is Senate regarding recreational vessel oper- with respect to applications for new or re- operating under a Federal first class pilot’s ator training. The study and report shall in- newed licenses, merchant mariner docu- license; or cluded a review of—

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00029 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.001 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6912 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 April 24, 2008 (1) Coast Guard Auxiliary and Power structure of the House of Representatives SEC. 404. CONVEYANCE. Squadron training programs; and the Committee on Commerce, Science, (a) STATION BRANT POINT BOAT HOUSE.— (2) existing State boating education pro- and Transportation of the Senate. (1) REQUIREMENT.—The Secretary of the de- grams, including programs by the National TITLE IV—MISCELLANEOUS PROVISIONS partment in which the Coast Guard is oper- ating shall convey to the town of Nantucket, Association of State Boating Law Adminis- SEC. 401. CERTIFICATE OF DOCUMENTATION FOR trators (in this section referred to as GALLANT LADY. Massachusetts, all right, title, and interest ‘‘NASBLA’’); and Section 1120(c) of the Coast Guard Author- of the United States in and to the buildings (3) other hands-on training programs avail- ization Act of 1996 (110 Stat. 3977) is amend- known as the Station Brant Point Boat able to recreational vessel operators. ed— House located at Coast Guard Station Brant (b) INCLUDED SUBJECTS.—The study shall (1) in paragraph (1)— Point, Nantucket, Massachusetts, for use for specifically examine— (A) by striking ‘‘of Transportation’’ and in- a public purpose. (1) course materials; serting ‘‘of the department in which the (2) TERMS OF CONVEYANCE.—A conveyance (2) course content; Coast Guard is operating’’; and of the building under paragraph (1) shall be (3) training methodology; (B) by striking subparagraph (A) and in- made— (4) assessment methodology; and serting the following: (A) without the payment of consideration; (5) relevancy of course content to risks for ‘‘(A) the vessel GALLANT LADY (Feadship and recreational boaters. hull number 672, approximately 168 feet in (B) subject to appropriate terms and condi- (c) CONTENTS OF REPORT.—The report length).’’; tions the Secretary considers necessary. under this section shall include— (2) by striking paragraphs (3) and (4) and (3) REVERSIONARY INTEREST.—All right, (1) a section regarding steps the Coast redesignating paragraph (5) as paragraph (3); title, and interest in property conveyed Guard and NASBLA have taken to encourage and under this subsection shall revert to the States to adopt mandatory recreational ves- (3) in paragraph (3) (as so redesignated) by United States if any portion of the property sel operator training; striking all after ‘‘shall expire’’ and insert- is used other than for a public purpose. (2) an evaluation of the ability of the ing ‘‘on the date of the sale of the vessel by (b) LEASE.— States to harmonize their education pro- the owner.’’. (1) REQUIREMENT.—The Secretary of the de- partment in which the Coast Guard is oper- grams and testing procedures; SEC. 402. WAIVER. ating shall enter into a lease with the town (3) an analysis of the extent States have Notwithstanding section 12112 and chapter provided reciprocity among the States for 551 of title 46, United States Code, the Sec- of Nantucket that authorizes the town of their respective mandatory and voluntary retary of the department in which the Coast Nantucket to occupy the land on which the education requirements and programs; Guard is operating may issue a certificate of buildings conveyed under subsection (a) are (4) a section examining the level of uni- documentation with a coastwise endorse- located, subject to appropriate terms and formity of education and training between ment for the OCEAN VERITAS (IMO Number conditions the Secretary considers nec- the States that currently have mandatory 7366805). essary. (2) LEASE TERM.—A lease under this sub- education and training programs; SEC. 403. GREAT LAKES MARITIME RESEARCH IN- (5) a section outlining the minimum stand- STITUTE. section shall not expire before January 31, ards for education of recreational vessel op- Section 605 of the Coast Guard and Mari- 2033. erators; time Transportation Act of 2004 (118 Stat. (3) TERMINATION OF LEASE.—If the Sec- (6) a section analyzing how a Federal train- 1052) is amended— retary determines that the property leased ing and testing program can be harmonized (1) in subsection (b)(1)— under paragraph (1) is necessary for purposes with State training and testing programs; (A) by striking ‘‘The Secretary of Trans- of the Coast Guard, the Secretary— (7) analysis of course content and delivery portation shall conduct a study that’’ and in- (A) may terminate the lease without pay- methodology for relevancy to risks for rec- serting ‘‘The Institute shall conduct mari- ment of compensation; and reational boaters; time transportation studies of the Great (B) shall provide the town of Nantucket (8) a description of the current phase-in pe- Lakes region, including studies that’’; not less than 12 months notice of the re- riods for mandatory boater education in (B) in subparagraphs (A), (B), (C), (E), (F), quirement to vacate the site and move the State mandatory education programs and (H), (I), and (J) by striking ‘‘evaluates’’ and buildings conveyed under subsection (a) to recommendation for the phase-in period for a inserting ‘‘evaluate’’; another location. mandatory boater education program includ- (C) in subparagraphs (D) and (G) by strik- SEC. 405. CREW WAGES ON PASSENGER VESSELS. ing an evaluation as to whether the phase-in ing ‘‘analyzes’’ and inserting ‘‘analyze’’; (a) FOREIGN AND INTERCOASTAL VOYAGES.— period affects course availability and cost; (D) by striking ‘‘and’’ at the end of sub- (1) CAP ON PENALTY WAGES.—Section (9) a description of the extent States allow paragraph (I); 10313(g) of title 46, United States Code, is for experienced boaters to by-pass manda- (E) by striking the period at the end of amended— tory education courses and go directly to subparagraph (J) and inserting a semicolon; (A) by striking ‘‘When’’ and inserting ‘‘(1) testing; (F) by adding at the end the following: Subject to paragraph (2), when’’; and (10) recommendations for a by-pass option ‘‘(K) identify ways to improve the integra- (B) by adding at the end the following: for experienced boaters; tion of the Great Lakes marine transpor- ‘‘(2) The total amount required to be paid (11) a section analyzing how the Coast tation system into the national transpor- under paragraph (1) with respect to all Guard would administer a Federal boating tation system; claims in a class action suit by seamen on a education, training, and testing program; ‘‘(L) examine the potential of expanded op- passenger vessel capable of carrying more and erations on the Great Lakes marine trans- than 500 passengers for wages under this sec- tion against a vessel master, owner, or oper- (12) the extent to which a Federal boating portation system; ator or the employer of the seamen shall not education, training, and testing program ‘‘(M) identify ways to include intelligent exceed ten times the unpaid wages that are should be required for all waters of a State, transportation applications into the Great the subject of the claims. including internal waters. Lakes marine transportation system; ‘‘(3) A class action suit for wages under SEC. 332. SHIP EMISSION REDUCTION TECH- ‘‘(N) analyze the effects and impacts of this subsection must be commenced within NOLOGY DEMONSTRATION aging infrastructure and port corrosion on three years after the later of— PROJECT. the Great Lakes marine transportation sys- ‘‘(A) the date of the end of the last voyage (a) STUDY.—The Commandant of the Coast tem; for which the wages are claimed; or Guard shall conduct a study— ‘‘(O) establish and maintain a model Great ‘‘(B) the receipt, by a seaman who is a (1) on the methods and best practices of Lakes marine transportation system data- claimant in the suit, of a payment of wages the use of exhaust emissions reduction tech- base; and that are the sub is made in the ordinary nology on cargo or passenger ships that oper- ‘‘(P) identify market opportunities for, and course of employment.’’. ate in United States waters and ports; and impediments to, the use of United States- (2) DEPOSITS.—Section 10315 of such title is (2) that identifies the Federal, State, and flag vessels in trade with Canada on the amended by adding at the end the following: local laws, regulations, and other require- Great Lakes.’’; and ‘‘(f) DEPOSITS IN SEAMAN ACCOUNT.—By ments that affect the ability of any entity to (2) by striking subsection (b)(4) and insert- written request signed by the seaman, a sea- effectively demonstrate onboard technology ing the following: man employed on a passenger vessel capable for the reduction of contaminated emissions ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— of carrying more than 500 passengers may from ships. There are authorized to be appropriated to authorize the master, owner, or operator of (b) REPORT.—Within 180 days after the date carry out paragraph (1)— the vessel, or the employer of the seaman, to of enactment of this Act, the Commandant ‘‘(A) $2,200,000 for fiscal year 2008; make deposits of wages of the seaman into a shall submit a report on the results of the ‘‘(B) $2,300,000 for fiscal year 2009; checking, savings, investment, or retirement study conducted under subsection (a) to the ‘‘(C) $2,400,000 for fiscal year 2010; and account, or other account to secure a payroll Committee on Transportation and Infra- ‘‘(D) $2,500,000 for fiscal year 2011.’’. or debit card for the seaman if—

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00030 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.001 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 6913 ‘‘(1) the wages designated by the seaman (3) in section 901(r)(2) (120 Stat. 566) by all right, title, and interest of the United for such deposit are deposited in a United striking ‘‘the’’ the second place it appears; States in and to that vessel to the USCG States or international financial institution (4) in section 902(c) (120 Stat. 566) by insert- Cutter STORIS Museum and Maritime Edu- designated by the seaman; ing ‘‘of the United States’’ after ‘‘Revised cation Center, LLC, located in the State of ‘‘(2) such deposits in the financial institu- Statutes’’; Alaska if the recipient— tion are fully guaranteed under commonly (5) in section 902(e) (120 Stat. 567) is amend- (1) agrees— accepted international standards by the gov- ed— (A) to use the vessel for purposes of a mu- ernment of the country in which the finan- (A) by inserting ‘‘and’’ after the semicolon seum and historical display; cial institution is licensed; at the end of paragraph (1); (B) not to use the vessel for commercial ‘‘(3) a written wage statement or pay stub, (B) by striking ‘‘and’’ at the end of para- transportation purposes; including an accounting of any direct de- graph (2)(A); and (C) to make the vessel available to the posit, is delivered to the seaman no less (C) by redesignating paragraphs (3) and (4) United States Government if needed for use often than monthly; and as subparagraphs (C) and (D) of paragraph by the Commandant in time of war or a na- ‘‘(4) while on board the vessel on which the (2), respectively, and aligning the left mar- tional emergency; and seaman is employed, the seaman is able to gin of such subparagraphs with the left mar- (D) to hold the Government harmless for arrange for withdrawal of all funds on de- gin of subparagraph (A) of paragraph (2); any claims arising from exposure to haz- posit in the account in which the wages are (6) in section 902(e)(2)(C) (as so redesig- ardous materials, including asbestos and pol- deposited.’’. nated) by striking ‘‘this section’’ and insert- ychlorinated biphenyls, after conveyance of (b) COASTWISE VOYAGES.— ing ‘‘this paragraph’’; the vessel, except for claims arising from the (1) CAP ON PENALTY WAGES.—Section (7) in section 902(e)(2)(D) (as so redesig- use by the Government under subparagraph 10504(c) of such title is amended— nated) by striking ‘‘this section’’ and insert- (C); (A) by striking ‘‘When’’ and inserting ‘‘(1) ing ‘‘this paragraph’’; (2) has funds available that will be com- Subject to subsection (d), and except as pro- (8) in section 902(h)(1) (120 Stat. 567)— mitted to operate and maintain in good vided in paragraph (2), when’’; and (A) by striking ‘‘Bisti/De-Na-Zin’’ and all working condition the vessel conveyed, in (B) by inserting at the end the following: that follows through ‘‘Protection’’ and in- the form of cash, liquid assets, or a written ‘‘(2) The total amount required to be paid serting ‘‘Omnibus Parks and Public Lands loan commitment and in an amount of at under paragraph (1) with respect to all Management’’; and least $700,000; and claims in a class action suit by seamen on a (B) by inserting a period after ‘‘Com- (3) agrees to any other conditions the Com- passenger vessel capable of carrying more mandant of the Coast Guard’’; mandant considers appropriate. than 500 passengers for wages under this sec- (9) in section 902(k) (120 Stat. 568) is (b) MAINTENANCE AND DELIVERY OF VES- tion against a vessel master, owner, or oper- amended— SEL.— ator or the employer of the seamen shall not (A) by inserting ‘‘the Act of March 23, 1906, (1) MAINTENANCE.—Before conveyance of exceed ten times the unpaid wages that are commonly known as’’ before ‘‘the General the vessel under this section, the Com- the subject of the claims. mandant shall make, to the extent practical ‘‘(3) A class action suit for wages under Bridge’’; (B) by striking ‘‘491)’’ and inserting ‘‘494),’’; and subject to other Coast Guard mission re- this subsection must be commenced within quirements, every effort to maintain the in- three years after the later of— and tegrity of the vessel and its equipment until ‘‘(A) the date of the end of the last voyage (C) by inserting ‘‘each place it appears’’ be- the time of delivery. for which the wages are claimed; or fore ‘‘and inserting’’; and (2) DELIVERY.—If a conveyance is made ‘‘(B) the receipt, by a seaman who is a (10) in section 902(o) (120 Stat. 569) by strik- under this section, the Commandant shall claimant in the suit, of a payment of wages ing the period after ‘‘Homeland Security’’. deliver the vessel to a suitable mooring in that are the subject of the suit that is made (b) TITLE 14.—(1) The analysis for chapter 7 the local area in its present condition. in the ordinary course of employment.’’. of title 14, United States Code, is amended by adding a period at the end of the item relat- (3) TREATMENT OF CONVEYANCE.—The con- (2) DEPOSITS.—Section 10504 of such title is veyance of the vessel under this section shall amended by adding at the end the following: ing to section 149. not be considered a distribution in commerce ‘‘(f) DEPOSITS IN SEAMAN ACCOUNT.—On (2) The analysis for chapter 17 of title 14, written request signed by the seaman, a sea- United States Code, is amended by adding a for purposes of section 6(e) of Public Law 94– man employed on a passenger vessel capable period at the end of the item relating to sec- 469 (15 U.S.C. 2605(e)). (c) OTHER EXCESS EQUIPMENT.—The Com- of carrying more than 500 passengers may tion 677. mandant may convey to the recipient of a authorize, the master, owner, or operator of (3) The analysis for chapter 9 of title 14, conveyance under subsection (a) any excess the vessel, or the employer of the seaman, to United States Code, is amended by adding a make deposits of wages of the seaman into a period at the end of the item relating to sec- equipment or parts from other decommis- checking, savings, investment, or retirement tion 198. sioned Coast Guard vessels for use to en- account, or other account to secure a payroll (c) TITLE 46.—(1) The analysis for chapter hance the operability and function of the or debit card for the seaman if— 81 of title 46, United States Code, is amended vessel conveyed under subsection (a) for pur- ‘‘(1) the wages designated by the seaman by adding a period at the end of the item re- poses of a museum and historical display. for such deposit are deposited in a United lating to section 8106. SEC. 408. REPEAL OF REQUIREMENT OF LICENSE States or international financial institution (2) Section 70105(c)(3)(C) of such title is FOR EMPLOYMENT IN THE BUSI- amended by striking ‘‘National Intelligence NESS OF SALVAGING ON THE COAST designated by the seaman; OF FLORIDA. ‘‘(2) such deposits in the financial institu- Director’’ and inserting ‘‘Director of Na- Chapter 801 of title 46, United States Code, tion are fully guaranteed under commonly tional Intelligence’’. is amended— accepted international standards by the gov- (d) DEEPWATER PORT ACT OF 1974.—Section (1) by striking section 80102; and ernment of the country in which the finan- 5(c)(2) of the Deepwater Port Act of 1974 (33 (2) in the table of sections at the beginning cial institution is licensed; U.S.C. 1504(c)(2)) is amended by aligning the of the chapter by striking the item relating ‘‘(3) a written wage statement or pay stub, left margin of subparagraph (K) with the left to that section. margin of subparagraph (L). including an accounting of any direct de- SEC. 409. RIGHT-OF-FIRST-REFUSAL FOR COAST posit, is delivered to the seaman no less (e) OIL POLLUTION ACT OF 1990.—(1) Section GUARD PROPERTY ON JUPITER IS- often than monthly; and 1004(a)(2) of the Oil Pollution Act of 1990 (33 LAND, FLORIDA. ‘‘(4) while on board the vessel on which the U.S.C. 2704(a)(2)) is amended by striking the (a) RIGHT-OF-FIRST-REFUSAL.—Notwith- seaman is employed, the seaman is able to first comma following ‘‘$800,000’’. standing any other law (other than this sec- arrange for withdrawal of all funds on de- (2) The table of sections in section 2 of tion), the Town of Jupiter Island, Florida, posit in the account in which the wages are such Act is amended by inserting a period at shall have the right-of-first-refusal for an ex- deposited.’’. the end of the item relating to section 7002. change of real property within the jurisdic- SEC. 406. TECHNICAL CORRECTIONS. (f) COAST GUARD AUTHORIZATION ACT OF tion of the Town comprising Parcel #35–38– (a) COAST GUARD AND MARITIME TRANSPOR- 1996.—The table of sections in section 2 of 42–004–000–02590–6 (Bon Air Beach lots 259 and TATION ACT OF 2006.—Effective with enact- the Coast Guard Authorization Act of 1996 is 260 located at 83 North Beach Road) and Par- ment of the Coast Guard and Maritime amended in the item relating to section 103 cel #35–38–42–004–000–02610–2 (Bon Air Beach Transportation Act of 2006 (Public Law 109– by striking ‘‘reports’’ and inserting ‘‘re- lots 261 to 267), including any improvements 241), such Act is amended— port’’. thereon, for other real property of equal or (1) in section 311(b) (120 Stat. 530) by insert- SEC. 407. CONVEYANCE OF DECOMMISSIONED greater value. ing ‘‘paragraphs (1) and (2) of’’ before ‘‘sec- COAST GUARD CUTTER STORIS. (b) IDENTIFICATION OF PROPERTY.—The tion 8104(o)’’; (a) IN GENERAL.—Upon the scheduled de- Commandant of the Coast Guard may iden- (2) in section 603(a)(2) (120 Stat. 554) by commissioning of the Coast Guard Cutter tify, describe, and determine the property re- striking ‘‘33 U.S.C. 2794(a)(2)’’ and inserting STORIS, the Commandant of the Coast ferred to in subsection (a) that is subject to ‘‘33 U.S.C. 2704(a)(2)’’; Guard shall convey, without consideration, the right of the Town under that subsection.

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00031 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.001 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6914 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 April 24, 2008

(c) LIMITATION.—The property referred to a requirement that any further conveyance Area Committee established under section in subsection (a) may not be conveyed under of an interest in the aircraft may not be 311(j)(4) of the Federal Water Pollution Con- that subsection until the Commandant of the made without the approval in advance of the trol Act, shall prepare a vessel traffic risk Coast Guard determines that the property is Commandant. assessment— not needed to carry out Coast Guard mis- (2) REVERSIONARY INTEREST.—If the Com- (1) for Cook Inlet, Alaska, within one year sions or functions. mandant determines that an interest in the after the date of enactment of this Act; and (d) REQUIRED USE.— aircraft was conveyed without such ap- (2) for the Aleutian Islands, Alaska, within (1) IN GENERAL.—Except as provided in proval, then— two years after the date of enactment of this paragraph (2), any property conveyed under (A) all right, title, and interest in the air- Act. this section shall be used by the Town of Ju- craft shall revert to the United States; (b) CONTENTS.—Each of the assessments piter Island, Florida, solely for conservation (B) the United States shall have the right shall describe, for the region covered by the of fish and wildlife habitat and other natural to immediate possession of the aircraft; and assessment— resources, including wetlands, beaches, and (C) the recipient shall pay the United (1) the amount and character of present dunes, and as protection against damage States for its costs incurred in recovering and estimated future shipping traffic in the from wind, tidal, and wave energy. the aircraft for such a violation. region; and (2) PUBLIC ACCESS.—The Town of Jupiter (d) DELIVERY OF AIRCRAFT.—The Com- (2) the current and projected use and effec- Island shall allow the public to have reason- mandant shall deliver the aircraft conveyed tiveness in reducing risk, of— able public access to the property conveyed under subsection (a)— (A) traffic separation schemes and routing under this section, for customary recreation (1) at the place where the aircraft is lo- measures; use of the beach under a management pro- cated on the date of the conveyance; (B) long-range vessel tracking systems de- gram established by agreement between the (2) in its condition on the date of convey- veloped under section 70115 of title 46, United Town of Jupiter Island, Florida, and Martin ance; and States Code; County, Florida. (3) without cost to the United States. (C) towing, response, or escort tugs; (e) REVERSION.—Any conveyance of prop- (e) ADDITIONAL TERMS AND CONDITIONS.— (D) vessel traffic services; erty under this section shall be subject to The Commandant may require such addi- (E) emergency towing packages on vessels; the condition that all right, title, and inter- tional terms and conditions in connection (F) increased spill response equipment in- est in the property, at the option of the Com- with the conveyance required by subsection cluding equipment appropriate for severe mandant of the Coast Guard, shall revert to (a) as the Commandant considers appropriate weather and sea conditions; the United States Government if the prop- to protect the interests of the United States. (G) the Automatic Identification System erty is used for purposes other than con- SEC. 411. DECOMMISSIONED COAST GUARD VES- servation and public access. developed under section 70114 of title 46, SELS FOR HAITI. United States Code; (f) IMPLEMENTATION.—The Commandant of (a) IN GENERAL.—Notwithstanding any (H) particularly sensitive sea areas, areas the Coast Guard shall upon request by the other law, upon the scheduled decommis- to be avoided, and other traffic exclusion Town— sioning of any Coast Guard 41-foot patrol zones; (1) promptly take those actions necessary boat, the Commandant of the Coast Guard (I) aids to navigation; and to make property identified under subsection shall give the Government of Haiti a right- (J) vessel response plans. (b) and determined by the Commandant of-first-refusal for conveyance of that vessel under subsection (c) ready for conveyance to to the Government of Haiti, if that Govern- (c) RECOMMENDATIONS.— the Town; and ment of Haiti agrees— (1) IN GENERAL.—Each of the assessments (2) convey the property to the Town sub- (1) to use the vessel for the Coast Guard of shall include any appropriate recommenda- ject to subsections (d) and (e). Haiti; tions to enhance the safety, or lessen poten- SEC. 410. CONVEYANCE OF COAST GUARD HU–25 (2) to make the vessel available to the tial adverse environmental impacts, of ma- FALCON JET AIRCRAFT. United States Government if needed for use rine shipping. (a) AUTHORITY TO CONVEY.—Notwith- by the Commandant in time of war or na- (2) CONSULTATION.—Before making any rec- standing any other law, the Commandant of tional emergency; ommendations under paragraph (1) for a re- the Coast Guard may convey to the Eliza- (3) to hold the United States Government gion, the Area Committee shall consult with beth City State University (in this section harmless for any claims arising from expo- affected local, State, and Federal govern- referred to as the ‘‘University’’), a public sure to hazardous materials, including asbes- ment agencies, representatives of the fishing university located in the State of North tos and polychlorinated biphenyls, after con- industry, Alaska Natives from the region, Carolina, without consideration all right, veyance of the vessel, except for claims aris- the conservation community, and the mer- title, and interest of the United States in an ing from the use by the United States Gov- chant shipping and oil transportation indus- HU–25 Falcon Jet aircraft under the adminis- ernment under paragraph (2); and tries. trative jurisdiction of the Coast Guard that (4) to any other conditions the Com- (d) PROVISION TO CONGRESS.—The Com- the Commandant determines— mandant considers appropriate. mandant shall provide a copy of each assess- (1) is appropriate for use by the University; (b) LIMITATION.—The Commandant may ment to the Committee on Transportation and not convey more than 10 vessels to the Gov- and Infrastructure of the House of Rep- (2) is excess to the needs of the Coast ernment of Haiti pursuant to this section. resentatives and the Committee on Com- Guard. (c) MAINTENANCE AND DELIVERY OF VES- merce, Science, and Transportation of the (b) CONDITIONS.— SEL.— Senate. (1) IN GENERAL.—As a condition of con- (1) MAINTENANCE.—Before conveyance of a (e) AUTHORIZATION OF APPROPRIATIONS.— veying an aircraft to the University under vessel under this section, the Commandant There is authorized to be appropriated to the subsection (a), the Commandant shall enter shall make, to the extent practical and sub- Commandant $1,800,000 for each of fiscal into an agreement with the University under ject to other Coast Guard mission require- years 2008 and 2009 to the conduct the assess- which the University agrees— ments, every effort to maintain the integrity ments. (A) to utilize the aircraft for educational of the vessel and its equipment until the SEC. 414. VESSEL MARYLAND INDEPENDENCE. purposes or other public purposes as jointly time of delivery. Notwithstanding sections 55101, 55103, and agreed upon by the Commandant and the (2) DELIVERY.—If a conveyance is made 12112 of title 46, United States Code, the Sec- University before conveyance; and under this section, the Commandant shall retary of the department in which the Coast (B) to hold the United States harmless for deliver a vessel to a suitable mooring in the Guard is operating may issue a certificate of any claim arising with respect to the air- local area in its present condition. documentation with a coastwise endorse- craft after conveyance of the aircraft. (3) TREATMENT OF CONVEYANCE.—The con- ment for the vessel MARYLAND INDE- (2) REVERSIONARY INTEREST.—If the Com- veyance of a vessel under this section shall PENDENCE (official number 662573). The mandant determines that the recipient vio- not be considered a distribution in commerce coastwise endorsement issued under author- lated subparagraph (A) or (B) of paragraph for purposes of section 6(e) of Public Law 94– ity of this section is terminated if— (1), then— 469 (15 U.S.C. 2605(e)). (A) all right, title, and interest in the air- (1) the vessel, or controlling interest in the SEC. 412. EXTENSION OF PERIOD OF OPERATION person that owns the vessel, is conveyed craft shall revert to the United States; OF VESSEL FOR SETTING, RELOCA- (B) the United States shall have the right TION, OR RECOVERY OF ANCHORS after the date of enactment of this Act; or to immediate possession of the aircraft; and OR OTHER MOORING EQUIPMENT. (2) any repairs or alterations are made to (C) the recipient shall pay the United Section 705(a)(2) of Public Law 109–347 (120 the vessel outside of the United States. States for its costs incurred in recovering Stat. 1945) is amended by striking ‘‘2’’ and SEC. 415. STUDY OF RELOCATION OF COAST the aircraft for such violation. inserting ‘‘3’’. GUARD SECTOR BUFFALO FACILI- (c) LIMITATION ON FUTURE TRANSFERS.— SEC. 413. VESSEL TRAFFIC RISK ASSESSMENTS. TIES. (1) IN GENERAL.—The Commandant shall in- (a) REQUIREMENT.—The Commandant of the (a) PURPOSES.—The purposes of this section clude in the instruments for the conveyance Coast Guard, acting through the appropriate are—

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00032 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.001 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 6915

(1) to authorize a project study to evaluate in subsection (a), the Commandant shall (d) OTHER EXCESS EQUIPMENT.—The Com- the feasibility of consolidating and relo- enter into an agreement with the Sheriff’s mandant may further convey any excess cating Coast Guard facilities at Coast Guard Department under which the Sheriff’s De- equipment or parts from other Coast Guard Sector Buffalo within the study area; partment agrees— vessels, which are excess to the needs of the (2) to obtain a preliminary plan for the de- (1) to utilize the vessel for homeland secu- Coast Guard and the Department of Home- sign, engineering, and construction for the rity and other appropriate purposes as joint- land Security, to the Sheriff’s Office for use consolidation of Coast Guard facilities at ly agreed upon by the Commandant and the to enhance the operability of the vessel con- Sector Buffalo; and Sheriff’s Department before conveyance; and veyed under the authority provided in sub- (3) to distinguish what Federal lands, if (2) to take the vessel ‘‘as is’’ and to hold section (a). any, shall be identified as excess after the the United States harmless for any claim (e) ADDITIONAL TERMS AND CONDITIONS.— consolidation. arising with respect to that vessel after con- The Commandant may require such addi- (b) DEFINITIONS.—In this section: veyance of the vessel, including any claims tional terms and conditions in connection (1) COMMANDANT.—The term ‘‘Com- arising from the condition of the vessel and with the conveyance authorized by sub- mandant’’ means the Commandant of the its equipment or exposure to hazardous ma- section (a) as the Commandant considers ap- Coast Guard. terials. propriate to protect the interests of the (2) SECTOR BUFFALO.—The term ‘‘Sector (c) DELIVERY OF VESSEL.—The Com- United States. Buffalo’’ means Coast Guard Sector Buffalo mandant shall deliver the vessel conveyed SEC. 418. CONVEYANCE OF COAST GUARD VESSEL of the Ninth Coast Guard District. under the authority provided in subsection TO WASHINGTON COUNTY, MIS- (3) STUDY AREA.—The term ‘‘study area’’ (a)— SISSIPPI. means the area consisting of approximately (1) at the place where the vessel is located (a) AUTHORITY TO CONVEY.—Notwith- 31 acres of real property and any improve- on the date of the conveyance; standing the Federal Property and Adminis- ments thereon that are commonly identified (2) in its condition on the date of convey- trative Services Act of 1949, the Com- as Coast Guard Sector Buffalo, located at 1 ance; and mandant of the Coast Guard may convey to Fuhrmann Boulevard, Buffalo, New York, (3) without cost to the United States. the Sheriff’s Office of Washington County, and under the administrative control of the (d) OTHER EXCESS EQUIPMENT.—The Com- Mississippi (in this section referred to as the Coast Guard. mandant may further convey any excess ‘‘Sheriff’s Office’’), without consideration all (c) STUDY.— equipment or parts from other Coast Guard right, title, and interest of the United States (1) IN GENERAL.—Within 12 months after vessels, which are excess to the needs of the in and to a Coast Guard trailerable boat, the date on which funds are first made avail- Coast Guard and the Department of Home- ranging from 17 feet to 30 feet in size, that able to carry out this section, the Com- land Security, to the Sheriff’s Department the Commandant determines— mandant shall conduct a project proposal re- for use to enhance the operability of the ves- (1) is appropriate for use by the Sheriff’s port of the study area and shall submit such sel conveyed under the authority provided in Office; and report to the Committee on Commerce, subsection (a). (2) is excess to the needs of the Coast Science, and Transportation of the Senate (e) ADDITIONAL TERMS AND CONDITIONS.— Guard and the Department of Homeland Se- and the Committee on Transportation and The Commandant may require such addi- curity. Infrastructure of the House of Representa- tional terms and conditions in connection (b) CONDITION.—As a condition of con- tives. with the conveyance authorized by sub- veying a vessel under the authority provided (2) REQUIREMENTS.—The project proposal section (a) as the Commandant considers ap- in subsection (a), the Commandant shall report shall— propriate to protect the interests of the enter into an agreement with the Sheriff’s (A) evaluate the most cost-effective meth- United States. Office under which the Sheriff’s Office od for providing shore facilities to meet the SEC. 417. CONVEYANCE OF COAST GUARD VESSEL agrees— operational requirements of Sector Buffalo; TO WARREN COUNTY, MISSISSIPPI. (1) to utilize the vessel for homeland secu- (B) determine the feasibility of consoli- (a) AUTHORITY TO CONVEY.—Notwith- rity and other appropriate purposes as joint- dating and relocating shore facilities on a standing the Federal Property and Adminis- ly agreed upon by the Commandant and the portion of the existing site, while— trative Services Act of 1949, the Com- Sheriff’s Office before conveyance; and (i) meeting the operational requirements mandant of the Coast Guard may convey to (2) to take the vessel ‘‘as is’’ and to hold of Sector Buffalo; and the Sheriff’s Office of Warren County, Mis- the United States harmless for any claim (ii) allowing the expansion of operational sissippi (in this section referred to as the arising with respect to that vessel after con- requirements of Sector Buffalo; and ‘‘Sheriff’s Office’’), without consideration all veyance of the vessel, including any claims (C) contain a preliminary plan for the de- right, title, and interest of the United States arising from the condition of the vessel and sign, engineering, and construction of the in and to a Coast Guard trailerable boat, its equipment or exposure to hazardous ma- proposed project, including— ranging from 17 feet to 30 feet in size, that terials. (i) the estimated cost of the design, engi- the Commandant determines— (c) DELIVERY OF VESSEL.—The Com- neering, and construction of the proposed (1) is appropriate for use by the Sheriff’s mandant shall deliver the vessel conveyed project; Office; and under the authority provided in subsection (ii) an anticipated timeline of the proposed (2) is excess to the needs of the Coast (a)— project; and Guard and the Department of Homeland Se- (1) at the place where the vessel is located (iii) a description of what Federal lands, if curity. on the date of the conveyance; any, shall be considered excess to Coast (b) CONDITION.—As a condition of con- (2) in its condition on the date of convey- Guard needs. veying a vessel under the authority provided ance; and (d) LIMITATION.—Nothing in this section in subsection (a), the Commandant shall (3) without cost to the United States. shall affect the current administration and enter into an agreement with the Sheriff’s (d) OTHER EXCESS EQUIPMENT.—The Com- management of the study area. Office under which the Sheriff’s Office mandant may further convey any excess SEC. 416. CONVEYANCE OF COAST GUARD VESSEL agrees— equipment or parts from other Coast Guard TO COAHOMA COUNTY, MISSISSIPPI. (1) to utilize the vessel for homeland secu- vessels, which are excess to the needs of the (a) AUTHORITY TO CONVEY.—Notwith- rity and other appropriate purposes as joint- Coast Guard and the Department of Home- standing the Federal Property and Adminis- ly agreed upon by the Commandant and the land Security, to the Sheriff’s Office for use trative Services Act of 1949, the Com- Sheriff’s Office before conveyance; and to enhance the operability of the vessel con- mandant of the Coast Guard may convey to (2) to take the vessel ‘‘as is’’ and to hold veyed under the authority provided in sub- the Sheriff’s Department of Coahoma Coun- the United States harmless for any claim section (a). ty, Mississippi (in this section referred to as arising with respect to that vessel after con- (e) ADDITIONAL TERMS AND CONDITIONS.— the ‘‘Sheriff’s Department’’), without consid- veyance of the vessel, including any claims The Commandant may require such addi- eration all right, title, and interest of the arising from the condition of the vessel and tional terms and conditions in connection United States in and to a Coast Guard its equipment or exposure to hazardous ma- with the conveyance authorized by sub- trailerable boat, ranging from 17 feet to 30 terials. section (a) as the Commandant considers ap- feet in size, that the Commandant deter- (c) DELIVERY OF VESSEL.—The Com- propriate to protect the interests of the mines— mandant shall deliver the vessel conveyed United States. (1) is appropriate for use by the Sheriff’s under the authority provided in subsection SEC. 419. COAST GUARD ASSETS FOR UNITED Department; and (a) STATES VIRGIN ISLANDS. (2) is excess to the needs of the Coast (1) at the place where the vessel is located (a) IN GENERAL.—The Secretary of Home- Guard and the Department of Homeland Se- on the date of the conveyance; land Security may station additional Coast curity. (2) in its condition on the date of convey- Guard assets in the United States Virgin Is- (b) CONDITION.—As a condition of con- ance; and lands for port security and other associated veying a vessel under the authority provided (3) without cost to the United States. purposes.

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00033 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.001 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6916 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 April 24, 2008

(b) AUTHORIZATION OF APPROPRIATIONS.— to the Township any additional personal SEC. 422. ASSESSMENT OF NEEDS FOR ADDI- There are authorized to be appropriated to property of the United States related to the TIONAL COAST GUARD PRESENCE IN the Secretary for fiscal year 2008 such sums Lens that the Commandant considers appro- HIGH LATITUDE REGIONS. as are necessary to carry out this section. priate for conveyance under this section. If Within 270 days after the date of enact- SEC. 420. CONVEYANCE OF THE PRESQUE ISLE the Commandant conveys the Lens to the ment of this Act, the Secretary of the de- LIGHT STATION FRESNEL LENS TO Township under subsection (a)(3), the Com- partment in which the Coast Guard is oper- PRESQUE ISLE TOWNSHIP, MICHI- mandant may convey to the Township any ating shall submit a report to the Committee GAN. personal property previously transferred to on Commerce, Science, and Transportation (a) CONVEYANCE OF LENS AUTHORIZED.— the Township under this subsection. of the Senate and the Committee on Trans- (1) TRANSFER OF POSSESSION.—Notwith- portation and Infrastructure of the House of (2) REVERSION.—If the Lens is returned to standing any other provision of law, the Representatives assessing the need for addi- the Coast Guard pursuant to subsection (b), Commandant of the Coast Guard may trans- tional Coast Guard prevention and response the Township shall return to the Coast fer to Presque Isle Township, a township in capability in the high latitude regions. The Guard all personal property transferred or Presque Isle County in the State of Michigan assessment shall address needs for all Coast conveyed to the Township under this sub- (in this section referred to as the ‘‘Town- Guard mission areas, including search and section except to the extent otherwise ap- ship’’), possession of the Historic Fresnel rescue, marine pollution response and pre- proved by the Commandant. Lens (in this section referred to as the vention, fisheries enforcement, and maritime ‘‘Lens’’) from the Presque Isle Light Station (d) CONVEYANCE WITHOUT CONSIDERATION.— commerce. The Secretary shall include in Lighthouse, Michigan (in this section re- The conveyance of the Lens and any personal the report— ferred to as the ‘‘Lighthouse’’). property under this section shall be without (1) an assessment of the high latitude oper- (2) CONDITION.—As a condition of the trans- consideration. ating capabilities of all current Coast Guard fer of possession authorized by paragraph (1), (e) DELIVERY OF PROPERTY.—The Com- assets, including assets acquired under the the Township shall, not later than one year mandant shall deliver property conveyed Deepwater program; after the date of transfer, install the Lens in under this section— (2) an assessment of projected needs for the Lighthouse for the purpose of operating (1) at the place where such property is lo- Coast Guard forward operating bases in the the Lens and Lighthouse as a Class I private cated on the date of the conveyance; high latitude regions; aid to navigation pursuant to section 85 of (2) in its condition on the date of convey- (3) an assessment of shore infrastructure, title 14, United States Code, and the applica- ance; and personnel, logistics, communications, and ble regulations under that section. (3) without cost to the United States. resources requirements to support Coast (3) CONVEYANCE OF LENS.—Upon the certifi- (f) MAINTENANCE OF PROPERTY.—As a con- Guard forward operating bases in the high cation of the Commandant that the Town- dition of the conveyance of any property to latitude regions; ship has installed the Lens in the Lighthouse the Township under this section, the Com- (4) an assessment of the need for high lati- and is able to operate the Lens and Light- mandant shall enter into an agreement with tude icebreaking capability and the capa- house as a private aid to navigation as re- the Township under which the Township bility of the current high latitude quired by paragraph (2), the Commandant agrees— icebreaking assets of the Coast Guard, in- shall convey to the Township all right, title, (1) to operate the Lens as a Class I private cluding— and interest of the United States in and to aid to navigation under section 85 of title 14, (A) whether the Coast Guard’s high lati- the Lens. United States Code, and application regula- tude icebreaking fleet is meeting current (4) CESSATION OF UNITED STATES OPER- tions under that section; and mission performance goals; ATIONS OF AIDS TO NAVIGATION AT LIGHT- (2) to hold the United States harmless for (B) whether the fleet is capable of meeting HOUSE.—Upon the making of the certifi- any claim arising with respect to personal projected mission performance goals; and cation described in paragraph (3), all active property conveyed under this section. (C) an assessment of the material condi- Federal aids to navigation located at the tion, safety, and working conditions aboard (g) LIMITATION ON FUTURE CONVEYANCE.— Lighthouse shall cease to be operated and high latitude icebreaking assets, including The instruments providing for the convey- maintained by the United States. the effect of those conditions on mission per- ance of property under this section shall— (b) REVERSION.— formance; (1) require that any further conveyance of (1) REVERSION FOR FAILURE OF AID TO NAVI- (5) a detailed estimate of acquisition costs an interest in such property may not be GATION.—If the Township does not comply for each of the assets (including shore infra- made without the advance approval of the with the condition set forth in subsection structure) necessary for additional preven- Commandant; and (a)(2) within the time specified in that sub- tion and response capability in high latitude (2) provide that, if the Commandant deter- section, the Township shall, except as pro- regions for all Coast Guard mission areas, mines that an interest in such property was vided in paragraph (2), return the Lens to the and an estimate of operations and mainte- conveyed without such approval— Commandant at no cost to the United States nance costs for such assets for the initial 10- (A) all right, title, and interest in such and under such conditions as the Com- year period of operations; and property shall revert to the United States, mandant may require. (6) detailed cost estimates (including oper- and the United States shall have the right to (2) EXCEPTION FOR HISTORICAL PRESERVA- ating and maintenance for a period of 10 immediate possession of such property; and TION.—Notwithstanding the lack of compli- years) for high latitude icebreaking capa- (B) the recipient of such property shall pay ance of the Township as described in para- bility to ensure current and projected future the United States for costs incurred by the graph (1), the Township may retain posses- mission performance goals are met, includ- United States in recovering such property. sion of the Lens for installation as an arti- ing estimates of the costs to— fact in, at, or near the Lighthouse upon the (h) ADDITIONAL TERMS AND CONDITIONS.— (A) renovate and modernize the Coast approval of the Commandant and under such The Commandant may require such addi- Guard’s existing high latitude icebreaking conditions for the preservation and conserva- tional terms and conditions in connection fleet; and tion of the Lens as the Commandant shall with the conveyances authorized by this sec- (B) replace the Coast Guard’s existing high specify for purposes of this paragraph. In- tion as the Commandant considers appro- latitude icebreaking fleet. stallation of the Lens under this paragraph priate to protect the interests of the United SEC. 423. STUDY OF REGIONAL RESPONSE VES- shall occur, if at all, not later than two States. SEL AND SALVAGE CAPABILITY FOR years after the date of the transfer of the SEC. 421. FISHING IN SOUTH PACIFIC TUNA OLYMPIC PENINSULA COAST, WASH- Lens to the Township under subsection TREATY CONVENTION AREA. INGTON. (a)(1). No later than 180 days after the date of en- (3) REVERSION FOR FAILURE OF HISTORICAL Section 12113 of title 46, United States actment of this Act, the Secretary of the de- PRESERVATION.—If retention of the Lens by Code, is amended by adding at the end the partment in which the Coast Guard is oper- the Township is authorized under paragraph following new subsection: ating shall study through the National Acad- (2) and the Township does not install the ‘‘(j) A fishery endorsement is not required emy of Sciences the need for regional re- Lens in accordance with that paragraph for a United States-documented purse seine sponse vessel and salvage capability for the within the time specified in that paragraph, tuna fishing vessel home ported in American State of Washington Olympic Peninsula the Township shall return the lens to the Samoa while fishing exclusively for highly coast. In conducting the study, the National Coast Guard at no cost to the United States migratory species under a license issued pur- Academy of Sciences shall consult with Fed- and under such conditions as the Com- suant to the 1987 Treaty on Fisheries Be- eral, State, and tribal officials and other rel- mandant may require. tween the Governments of Certain Pacific Is- evant stakeholders. The study shall— (c) CONVEYANCE OF ADDITIONAL PERSONAL land States and the Government of the (1) identify the capabilities, equipment, PROPERTY.— United States of America in the treaty area and facilities necessary for a response vessel (1) TRANSFER AND CONVEYANCE OF PERSONAL or in any portion of the United States exclu- in the entry to the Strait of Juan de Fuca at PROPERTY.—Notwithstanding any other pro- sive economic zone bordering the treaty Neah Bay in order to optimize oil spill pro- vision of law, the Commandant may transfer area.’’. tection on Washington’s Olympic Peninsula

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00034 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.001 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 6917 coast and provide rescue towing services, oil work projects scheduled for the current cal- ‘‘(ii) are employed to repair any rec- spill response, and salvage and firefighting endar year to be completed on schedule, and reational vessel, or to dismantle any part of capabilities; what level of FTE is likely to be required in any recreational vessel in connection with (2) analyze the multimission capabilities each of the subsequent five calendar years to repair of the vessel;’’. necessary for a rescue vessel and the need for allow completion on schedule of the pro- (b) RECREATIONAL ENDORSEMENT.—Section that vessel to utilize cached salvage, oil spill jected workload in each of those years. 12114 of title 46, United States Code, is response, and oil storage equipment while re- SEC. 425. STUDY OF BRIDGES OVER NAVIGABLE amended by adding at the end the following: sponding to a spill or a vessel in distress, and WATERS. ‘‘(d) VESSELS MANUFACTURED BY CERTAIN make recommendations as to the placement The Secretary of Transportation shall sub- INDIVIDUALS.—A vessel manufactured by in- of such equipment; mit to the Committee on Commerce, dividuals under the exception provided in (3) address scenarios that consider all ves- Science, and Transportation of the Senate section 2(3)(F) of the Longshore and Harbor sel types and weather conditions and com- and the Committee on Transportation and Workers’ Compensation Act may only be pare current Neah Bay rescue vessel capa- Infrastructure of the House of Representa- issued a recreational vessel endorsement bilities, costs, and benefits with other United tives a comprehensive study on the proposed under this chapter, and that restriction shall States industry-funded response vessels, in- construction or alteration of any bridge, be noted on the certification of documenta- cluding those currently operating in Alas- drawbridge, or causeway over navigable wa- tion issued under section 12105.’’. ka’s Prince William Sound; ters with a channel depth of 25 feet or great- SEC. 429. CONVEYANCE OF COAST GUARD VES- (4) determine whether the current level of er of the United States that may impede or SELS TO NASSAU COUNTY, NEW protection afforded by the Neah Bay re- obstruct future navigation to or from port YORK. sponse vessel and associated response equip- facilities. (a) AUTHORITY TO CONVEY.—Notwith- ment is comparable to protection in other lo- SEC. 426. LIMITATION ON JURISDICTION OF standing the Federal Property and Adminis- cations where response vessels operate, in- STATES TO TAX CERTAIN SEAMEN. trative Services Act of 1949, the Com- cluding Prince William Sound, Alaska, and if Section 11108(b)(2)(B) of title 46, United mandant of the Coast Guard may convey to it is not comparable, make recommendations States Code, is amended to read as follows: the Police Department of Nassau County, regarding how capabilities, equipment, and ‘‘(B) who performs regularly-assigned du- New York (in this section referred to as the facilities should be modified to achieve opti- ties while engaged as a master, officer, or ‘‘Police Department’’), without consider- mum protection; and crewman on a vessel operating on navigable ation all right, title, and interest of the (5) consider pending firefighting and sal- waters in 2 or more States.’’. United States in and to two Coast Guard 41- vage regulations developed pursuant to the SEC. 427. DECOMMISSIONED COAST GUARD VES- foot patrol boats that the Commandant de- Oil Pollution Act of 1990. SELS FOR BERMUDA. termines— SEC. 424. REPORT ON PROJECTED WORKLOAD AT (a) IN GENERAL.—Notwithstanding any (1) is appropriate for use by the Police De- THE COAST GUARD YARD IN CURTIS other law, upon the scheduled decommis- partment; and BAY, MARYLAND. sioning of any Coast Guard 41-foot patrol (2) is excess to the needs of the Coast Within six months after the date of enact- boat and after the Government of Haiti has Guard and the Department of Homeland Se- ment of this Act, the Secretary of the de- exercised all of their options under section curity. partment in which the Coast Guard is oper- 411, the Commandant of the Coast Guard (b) CONDITION.—As a condition of con- ating shall submit to the Committee on shall give the Government of Bermuda a veying a vessel under the authority provided Transportation and Infrastructure of the right-of-first-refusal for conveyance of that in subsection (a), the Commandant shall House of Representatives and the Committee vessel to the Government of Bermuda, if that enter into an agreement with the Police De- on Commerce, Science, and Transportation Government of Bermuda agrees— partment under which the Police Depart- of the Senate, a report detailing the pro- (1) to use the vessel for the Coast Guard of ment agrees— jected workload for the current calendar Bermuda; (1) to utilize the vessel for homeland secu- year and each of the subsequent 5 calendar (2) to make the vessel available to the rity and other appropriate purposes as joint- years at the Coast Guard Yard in Curtis Bay, United States Government if needed for use ly agreed upon by the Commandant and the Maryland, and the total full-time equiva- by the Commandant in time of war or na- Police Department before conveyance; and lents (FTE) to be supported by the account tional emergency; (2) to take the vessel ‘‘as is’’ and to hold established under section 648 of title 14, (3) to hold the United States Government the United States harmless for any claim United States Code, (popularly known as the harmless for any claims arising from expo- arising with respect to that vessel after con- Yard Fund) in each such calendar year to sure to hazardous materials, including asbes- veyance of the vessel, including any claims meet that workload. The report shall— tos and polychlorinated biphenyls, after con- arising from the condition of the vessel and (1) detail work projects to be undertaken veyance of the vessel, except for claims aris- its equipment or exposure to hazardous ma- during the current calendar year and during ing from the use by the United States Gov- terials. each of the next five calendar years as part ernment under paragraph (2); and (c) DELIVERY OF VESSEL.—The Com- of the Mission Effectiveness Program (MEP) (4) to any other conditions the Com- mandant shall deliver a vessel conveyed and projects projected to be undertaken that mandant considers appropriate. under the authority provided in subsection are not associated with the MEP; (b) LIMITATION.—The Commandant may (a)— (2) identify the number of regular full-time not convey more than 3 vessels to the Gov- (1) at the place where the vessel is located employees, term employees, and employees ernment of Bermuda pursuant to this sec- on the date of the conveyance; in any other classification that are projected tion. (2) in its condition on the date of convey- to be employed in any capacity at the Yard (c) MAINTENANCE AND DELIVERY OF VES- ance; and in each such calendar year; SEL.— (3) without cost to the United States. (3) specify how many of the employees in (1) MAINTENANCE.—Before conveyance of a (d) OTHER EXCESS EQUIPMENT.—The Com- any capacity that are expected to be em- vessel under this section, the Commandant mandant may further convey any excess ployed at the Yard in each such year are ex- shall make, to the extent practical and sub- equipment or parts from other Coast Guard pected to be uniformed members of the Coast ject to other Coast Guard mission require- vessels, which are excess to the needs of the Guard and how many are expected to be ci- ments, every effort to maintain the integrity Coast Guard and the Department of Home- vilians; of the vessel and its equipment until the land Security, to the Police Department for (4) identify how many employees in any ca- time of delivery. use to enhance the operability of a vessel pacity (whether uniformed or civilian) are (2) DELIVERY.—If a conveyance is made conveyed under the authority provided in projected to be assigned in each such cal- under this section, the Commandant shall subsection (a). endar year to each of overhead positions, en- deliver a vessel to a suitable mooring in the (e) ADDITIONAL TERMS AND CONDITIONS.— gineering positions, waterfront support posi- local area in its present condition. The Commandant may require such addi- tions, and waterfront trade positions to meet (3) TREATMENT OF CONVEYANCE.—The con- tional terms and conditions in connection projected workloads in that year; veyance of a vessel under this section shall with a conveyance authorized by subsection (5) identify the amount of overtime in each not be considered a distribution in commerce (a) as the Commandant considers appropriate of overhead positions, engineering positions, for purposes of section 6(e) of Public Law 94– to protect the interests of the United States. waterfront support positions, and waterfront 469 (15 U.S.C. 2605(e)). TITLE V—BALLAST WATER TREATMENT trade positions position that will be required SEC. 428. RECREATIONAL MARINE INDUSTRY. SEC. 501. SHORT TITLE. to meet the projected workload in each such (a) EXCEPTION.—Section 2(3)(F) of the This title may be cited as the ‘‘Ballast calendar year; Longshore and Harbor Workers’ Compensa- Water Treatment Act of 2008’’. (6) identify the number of trades training tion Act (33 U.S.C. 902(3)) is amended to read SEC. 502. DECLARATION OF GOALS AND PUR- students that are projected to be trained at as follows: POSES. the Yard in each such calendar year; and ‘‘(F) individuals who— Section 1002 of the Nonindigenous Aquatic (7) address whether the FTE ceiling in ‘‘(i) are employed to manufacture any rec- Nuisance Prevention and Control Act of 1990 place for the Yard is sufficient to allow all reational vessel under 165 feet in length; or (16 U.S.C. 4701) is amended—

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00035 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.001 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6918 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 April 24, 2008

(1) by redesignating subsection (b) as sub- ‘‘(3) ARMED FORCES VESSELS.— water management plan designed to mini- section (c); ‘‘(A) EXEMPTION.—Except as provided in mize the discharge of aquatic nuisance spe- (2) by inserting after subsection (a) the fol- subparagraph (B), this section does not apply cies that— lowing: to a vessel of the Armed Forces. ‘‘(A) meets the requirements prescribed by ‘‘(b) DECLARATION OF GOALS AND PUR- ‘‘(B) BALLAST WATER MANAGEMENT PRO- the Secretary by regulation; and POSES.—The objective of this Act is to elimi- GRAM.—The Secretary and the Secretary of ‘‘(B) is approved by the Secretary. nate the threat and impacts of nonindige- Defense, after consultation with each other ‘‘(2) APPROVAL CRITERIA.— nous aquatic nuisance species in the waters and with the Under Secretary and the heads ‘‘(A) IN GENERAL.—The Secretary may not of the United States. In order to achieve this of other appropriate Federal agencies as de- approve a ballast water management plan objective, it is declared that, consistent with termined by the Secretary, shall implement unless the Secretary determines that the the provisions of this Act— a ballast water management program, in- plan— ‘‘(1) it is the national goal that ballast cluding the issuance of standards for ballast ‘‘(i) describes in detail the actions to be water discharged into the waters of the water exchange and treatment and for sedi- taken to implement the ballast water man- United States will contain no living (viable) ment management, for vessels of the Armed agement requirements established under this organisms by the year 2015; Forces under their respective jurisdictions section; ‘‘(2) it is the national policy that the intro- designed, constructed, or adapted to carry ‘‘(ii) describes in detail the procedures to duction of nonindigenous aquatic nuisance ballast water that are— be used for disposal of sediment at sea and species in the waters of the United States be ‘‘(i) consistent with the requirements of on shore in accordance with the require- prohibited; and this section, including the deadlines estab- ments of this section; ‘‘(3) it is the national policy that Federal, lished by this section; and ‘‘(iii) describes in detail safety procedures State, and local governments and the private ‘‘(ii) at least as stringent as the require- for the vessel and crew associated with bal- sector identify the most effective ways to co- ments issued for such vessels under section last water management; ordinate prevention efforts, and harmonize 312 of the Federal Water Pollution Control ‘‘(iv) designates the officer on board the environmentally sound methods to prevent, Act (33 U.S.C. 1322). vessel in charge of ensuring that the plan is detect, monitor, and control nonindigenous ‘‘(4) SPECIAL RULE FOR SMALL REC- properly implemented; aquatic nuisance species, in an expeditious REATIONAL VESSELS.—In applying this sec- ‘‘(v) contains the reporting requirements manner.’’. tion to recreational vessels less than 50 me- for vessels established under this section and (3) in subsection (c)(1) (as redesignated by ters in length that have a maximum ballast a copy of each form necessary to meet those paragraph (1) of this section)— water capacity of 8 cubic meters, the Sec- requirements; and (A) by striking ‘‘prevent’’ and inserting retary may issue alternative measures for ‘‘(vi) meets all other requirements pre- ‘‘eliminate’’; and managing ballast water in a manner that is scribed by the Secretary. (B) by inserting ‘‘treatment’’ after ‘‘ballast consistent with the requirements of this sec- ‘‘(B) FOREIGN VESSELS.—The Secretary water’’; tion. may approve a ballast water management (4) in subsection (c)(2) (as so redesig- plan for a foreign vessel on the basis of a cer- ‘‘(5) MARAD VESSELS.—Subsection (f) does nated)— tificate of compliance issued by the vessel’s (A) by inserting ‘‘, detection, monitoring,’’ not apply to any vessel in the National De- fense Reserve Fleet that is scheduled to be country of registration if the government of after ‘‘prevention’’; and that country requires the ballast water man- disposed of through scrapping or sinking. (B) by striking ‘‘the zebra mussel and agement plan for that vessel to include infor- ‘‘(b) UPTAKE AND DISCHARGE OF BALLAST other’’; mation comparable to the information re- WATER OR SEDIMENT.— (5) in subsection (c)(3) (as so redesig- quired under regulations issued by the Sec- ‘‘(1) PROHIBITION.—The operator of a vessel nated)— retary. to which this section applies may not con- (A) by inserting ‘‘detect,’’ after ‘‘prevent,’’; ‘‘(3) COPY OF PLAN ON BOARD VESSEL.—The duct the uptake or discharge of ballast water and owner or operator of a vessel to which this or sediment in waters subject to the jurisdic- (B) by striking ‘‘from pathways other than section applies shall— tion of the United States except as provided ballast water exchange’’; ‘‘(A) maintain a copy of the vessel’s ballast (6) in subsection (c)(4) (as so redesignated) in this section. water management plan on board at all by striking ‘‘, including the zebra mussel’’; ‘‘(2) EXCEPTIONS.—Paragraph (1) does not times; and and apply to the uptake or discharge of ballast ‘‘(B) keep the plan readily available for ex- (7) in subsection (c)(5) (as so redesig- water or sediment in the following cir- amination by the Secretary and the head of nated)— cumstances: the appropriate agency of the State in which (A) by inserting ‘‘prevention,’’ after ‘‘in ‘‘(A) The uptake or discharge is solely for the vessel is located at all reasonable times. the’’; the purpose of— ‘‘(d) VESSEL BALLAST WATER RECORD (B) by inserting a comma after ‘‘manage- ‘‘(i) ensuring the safety of the vessel in an BOOK.— ment’’; and emergency situation; or ‘‘(1) IN GENERAL.—The owner or operator of (C) by striking ‘‘zebra mussels’’ and insert- ‘‘(ii) saving a life at sea. a vessel to which this section applies shall ing ‘‘aquatic nuisance species’’. ‘‘(B) The uptake or discharge is accidental maintain, in English on board the vessel, a SEC. 503. BALLAST WATER MANAGEMENT. and the result of damage to the vessel or its ballast water record book in which each op- (a) IN GENERAL.—Section 1101 of the Non- equipment and— eration of the vessel involving ballast water indigenous Aquatic Nuisance Prevention and ‘‘(i) all reasonable precautions to prevent or sediment discharge is recorded in accord- Control Act of 1990 (16 U.S.C. 4711) is amend- or minimize ballast water and sediment dis- ance with regulations issued by the Sec- ed to read as follows: charge have been taken before and after the retary. ‘‘SEC. 1101. BALLAST WATER MANAGEMENT. damage occurs, the discovery of the damage, ‘‘(2) AVAILABILITY.—The ballast water ‘‘(a) VESSELS TO WHICH THIS SECTION AP- and the discharge; and record book— PLIES.— ‘‘(ii) the owner or officer in charge of the ‘‘(A) shall be kept readily available for ex- ‘‘(1) IN GENERAL.—Except as provided in vessel did not willfully or recklessly cause amination by the Secretary and the head of paragraphs (2), (3), (4), and (5), this section the damage. the appropriate agency of the State in which applies to a vessel that engages in the dis- ‘‘(C) The uptake or discharge is solely for the vessel is located at all reasonable times; charge of ballast water in waters subject to the purpose of avoiding or minimizing the and the jurisdiction of the United States that— discharge from the vessel of pollution that ‘‘(B) notwithstanding paragraph (1), may ‘‘(A) is designed, constructed, or adapted to would otherwise violate applicable Federal be kept on the towing vessel in the case of an carry ballast water; and or State law. unmanned vessel under tow. ‘‘(B)(i) is a vessel of the United States; or ‘‘(D) The uptake or discharge of ballast ‘‘(3) RETENTION PERIOD.—The ballast water ‘‘(ii) is a foreign vessel that— water and sediment occurs at the same loca- record book shall be retained— ‘‘(I) is en route to a United States port or tion where the whole of that ballast water ‘‘(A) on board the vessel for a period of 3 place; or and that sediment originated and there is no years after the date on which the last entry ‘‘(II) has departed from a United States mixing with ballast water and sediment from in the book is made; and port or place and is within waters subject to another area that has not been managed in ‘‘(B) under the control of the vessel’s the jurisdiction of the United States. accordance with the requirements of this owner for an additional period of 3 years. ‘‘(2) PERMANENT BALLAST WATER VESSELS.— section. ‘‘(4) REGULATIONS.—In the regulations This section does not apply to a vessel that ‘‘(c) VESSEL BALLAST WATER MANAGEMENT issued under this section, the Secretary shall carries all of its permanent ballast water in PLAN.— require, at a minimum, that— sealed tanks that are not subject to dis- ‘‘(1) IN GENERAL.—The operator of a vessel ‘‘(A) each entry in the ballast water record charge or a vessel that continuously takes to which this section applies shall conduct book be signed and dated by the officer in on and discharges ballast water in a flow- all ballast water management operations of charge of the ballast water operation re- through system. that vessel in accordance with a ballast corded;

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00036 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.001 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 6919 ‘‘(B) each completed page in the ballast vessel demonstrate that the technology ‘‘(II) in accordance with paragraph (6) if water record book be signed and dated by the meets the ballast water discharge standard safety or stability concerns prevent under- master of the vessel; and provided under Regulation D–2 of the Inter- taking ballast water exchange in the alter- ‘‘(C) at least monthly, the owner or oper- national Convention for the Control and native area. ator of the vessel transmit such information Management of Ships’ Ballast Water and ‘‘(D) REVIEW OF CIRCUMSTANCES.—If the to the Secretary regarding the ballast oper- Sediments as signed on February 13, 2004. master of a vessel conducts a ballast water ations of the vessel as the Secretary may re- ‘‘(2) GUIDANCE; 5-YEAR USAGE.— discharge under the provisions of this para- quire. ‘‘(A) GUIDANCE.—Not later than one year graph, the Secretary shall review the cir- ‘‘(5) ALTERNATIVE MEANS OF RECORD- after the date of enactment of the Ballast cumstances to determine whether the dis- KEEPING.—The Secretary may provide, by Water Treatment Act of 2008, the Secretary charge met the requirements of this para- regulation, for alternative methods of rec- shall develop and issue guidance on tech- graph. The review under this clause shall be ordkeeping, including electronic record- nology that may be used under paragraph in addition to any other enforcement author- keeping, to comply with the requirements of (1)(A)(iii). ity of the Secretary. this subsection. Any electronic record- ‘‘(B) 5-YEAR USAGE.—The Secretary shall ‘‘(5) DISCHARGE UNDER WAIVER.— keeping method authorized by the Secretary allow a vessel using environmentally-sound ‘‘(A) SUBSTANTIAL BUSINESS HARDSHIP WAIV- shall support the inspection and enforcement alternative ballast treatment technology ER.—If, because of the short length of a voy- provisions of this Act and shall comply with under paragraph (1)(A)(iii) to continue to use age, the operator of a vessel is unable to dis- applicable standards of the National Insti- that technology for 5 years after the date on charge ballast water in accordance with the tute of Standards and Technology and the which the environmentally-sound alter- requirements of paragraph (3)(B) without Office of Management and Budget governing native ballast water treatment technology substantial business hardship, as determined reliability, integrity, identity authentica- was first placed in service on the vessel or under regulations issued by the Secretary, tion, and nonrepudiation of stored electronic the date on which treatment requirements the operator may request a waiver from the data. under subsection (f) become applicable, Secretary and discharge the ballast water in ‘‘(e) BALLAST WATER EXCHANGE REQUIRE- whichever is later. accordance with paragraph (6). A request for MENTS.— ‘‘(3) EXCHANGE AREAS.— a waiver under this subparagraph shall be ‘‘(1) IN GENERAL.— ‘‘(A) VESSELS OUTSIDE THE UNITED STATES submitted to the Secretary at such time and ‘‘(A) REQUIREMENT.—Until a vessel is re- EEZ.—The operator of a vessel en route to a in such form and manner as the Secretary quired to conduct ballast water treatment in United States port or place from a port or may require. accordance with subsection (f), the operator place outside the waters subject to the juris- ‘‘(B) SUBSTANTIAL BUSINESS HARDSHIP.—For of a vessel to which this section applies may diction of the United States shall conduct purposes of subparagraph (A), the factors not discharge ballast water in waters subject ballast water exchange— taken into account in determining substan- to the jurisdiction of the United States, ex- ‘‘(i) before arriving at a United States port tial business hardship shall include wheth- cept after— or place; er— ‘‘(i) conducting ballast water exchange as ‘‘(ii) at least 200 nautical miles from the ‘‘(i) compliance with the requirements of required by this subsection, in accordance nearest point of land; and paragraph (3)(B) would require a sufficiently with regulations issued by the Secretary; ‘‘(iii) in water at least 200 meters in depth. great change in routing or scheduling of ‘‘(ii) using ballast water treatment tech- ‘‘(B) COASTAL VOYAGES.—The operator of a service as to compromise the economic or nology that meets the performance stand- vessel originating from a port or place with- commercial viability of the trade or business ards of subsection (f); or in the United States exclusive economic in which the vessel is operated; or ‘‘(iii) using environmentally sound alter- zone, or from a port within 200 nautical ‘‘(ii) it is reasonable to expect that the native ballast water treatment technology if miles of the United States in Canada, Mex- trade or business or service provided will be the Secretary determines that such treat- ico, or other ports designated by the Sec- continued only if a waiver is granted under ment technology is at least as effective as retary for purposes of this section, shall con- subparagraph (A). the ballast water exchange required by duct ballast water exchange— ‘‘(6) PERMISSIBLE DISCHARGE.— clause (i) in preventing and controlling the ‘‘(i) at least 50 nautical miles from the ‘‘(A) IN GENERAL.—The discharge of ballast introduction of aquatic nuisance species. nearest point of land; and water shall be considered to be carried out in ‘‘(B) BALLAST WATER REGULATIONS.—Bal- ‘‘(ii) in water at least 200 meters in depth. accordance with this paragraph if it is— last water exchange regulations developed ‘‘(4) SAFETY OR STABILITY EXCEPTION.— ‘‘(i) in an area designated for that purpose under subparagraph (A)(i) shall contain— ‘‘(A) SECRETARIAL DETERMINATION.—Para- ‘‘(i) a provision for ballast water exchange graph (3) does not apply to the discharge of by the Secretary, after consultation with the that requires— ballast water if the Secretary determines Under Secretary, the heads of other appro- ‘‘(I) at least 1 empty-and-refill cycle, out- that compliance with that paragraph would priate Federal agencies as determined by the side the exclusive economic zone or in an al- threaten the safety or stability of the vessel, Secretary, and representatives of any State ternative exchange area designated by the its crew, or is passengers. that may be affected by discharge of ballast Secretary, of each ballast tank that contains ‘‘(B) MASTER OF THE VESSEL DETERMINA- water in that area; or ballast water to be discharged into waters of TION.—Paragraph (3) does not apply to the ‘‘(ii) into a reception facility described in the United States; or discharge of ballast water if the master of a subsection (f)(2). ‘‘(II) for a case in which the master of a vessel determines that compliance with that ‘‘(B) LIMITATION ON VOLUME.—The volume vessel determines that compliance with the paragraph would threaten the safety or sta- of any ballast water discharged under this requirement under subclause (I) is impracti- bility of the vessel, its crew, or its pas- paragraph may not exceed the volume nec- cable, a sufficient number of flow-through sengers because of adverse weather, equip- essary to ensure the safe operation of the exchanges of ballast water, outside the ex- ment failure, or any other relevant condi- vessel. clusive economic zone or in an alternative tion. ‘‘(7) CERTAIN GEOGRAPHICALLY LIMITED exchange area designated by the Secretary, ‘‘(C) NOTIFICATION REQUIRED.—Whenever ROUTES.—Notwithstanding paragraph (1), the to achieve replacement of at least 95 percent the master of a vessel is unable to comply operator of a vessel is not required to comply of ballast water in ballast tanks of the ves- with the requirements of paragraph (3) be- with the requirements of this subsection and sel, as determined by a certification dye cause of a determination made under sub- subsection (h)(1)— study conducted or model developed by the paragraph (B), the master of the vessel ‘‘(A) if the vessel operates exclusively— Secretary and recorded in the ballast water shall— ‘‘(i) within the Great Lakes ecosystem; or management plan of the vessel pursuant to ‘‘(i) notify the Secretary as soon as prac- ‘‘(ii) between or among the main group of subsection (c)(2)(A)(i); and ticable thereafter but no later than 24 hours the Hawaiian Islands; or ‘‘(ii) if a ballast water exchange is not un- after making that determination and shall ‘‘(B) if the vessel operates exclusively dertaken pursuant to subsection (h), a con- ensure that the determination, the reasons within any area with respect to which the tingency procedure that requires the master for the determination, and the notice are re- Secretary has determined, after consultation of a vessel to use the best practicable tech- corded in the vessel’s ballast water record with the Under Secretary, the Adminis- nology or practice to treat ballast discharge. book; and trator, and representatives of States the wa- ‘‘(C) TECHNOLOGY EFFICACY.—For purposes ‘‘(ii) undertake ballast water exchange— ters of which would be affected by the dis- of this paragraph, a ballast water treatment ‘‘(I) in an alternative area that may be des- charge of ballast water from the vessel, that technology shall be considered to be at least ignated by the Secretary, after consultation the risk of introducing aquatic nuisance spe- as effective as the ballast water exchange re- with the Under Secretary, and other appro- cies through ballast water discharge in the quired by clause (i) in preventing and con- priate Federal agencies as determined by the areas in which the vessel operates is insig- trolling the introduction of aquatic nuisance Secretary, and representatives of States the nificant. species if preliminary experiments prior to waters of which may be affected by the dis- ‘‘(8) NATIONAL MARINE SANCTUARIES AND installation of the technology aboard the charge of ballast water; or OTHER PROHIBITED AREAS.—

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00037 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.001 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6920 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 April 24, 2008

‘‘(A) IN GENERAL.—A vessel may not con- graph (1)(A)(iii) of this subsection and claim first drydocking of the vessel after December duct ballast water exchange or discharge bal- no ballast on board, or that claim to be car- 31, 2008. last water under this subsection— rying only unpumpable quantities of ballast, ‘‘(B) UNITED STATES STANDARD IMPLEMEN- ‘‘(i) within a national marine sanctuary including, at a minimum, a requirement TATION.—Paragraph (1) applies to a vessel to designated under the National Marine Sanc- that— which this section applies beginning on the tuaries Act (16 U.S.C. 1431 et seq.); ‘‘(A) such a ship shall conduct saltwater date of the first drydocking of the vessel ‘‘(ii) a marine national monument des- flushing of ballast water tanks— after December 31, 2011, but not later than ignated under the Act of June 8, 1906 (chap- ‘‘(i) outside the exclusive economic zone; December 31, 2013. ter 3060; 16 U.S.C. 433 et seq.), popularly or ‘‘(C) PERIOD FOR USE OF EQUIPMENT.—The known as the Antiquities Act of 1906; ‘‘(ii) at a designated alternative exchange Secretary shall allow a vessel using a treat- ‘‘(iii) a national park; site; and ment system installed under this subsection ‘‘(iv) in waters that are approved by the ‘‘(B) before being allowed entry into the to continue to use that system for 10 years Administrator as a nondischarge zone under Great Lakes beyond the St. Lawrence Sea- after the date on which that system was first section 312(n)(7) of the Federal Water Pollu- way, the master of such a vessel shall certify placed in service on the vessel. tion Control Act (33 U.S.C. 1322(n)(7)); or that the vessel has complied with each appli- ‘‘(4) TREATMENT SYSTEM APPROVAL RE- ‘‘(v) in any other waters designated by the cable requirement under this subsection. QUIRED.—The operator of a vessel to which Secretary, in consultation with the Under ‘‘(f) BALLAST WATER TREATMENT REQUIRE- this section applies may not use a ballast Secretary and the Administrator. MENTS.— water treatment system to comply with the ‘‘(B) ADDITIONAL AREAS.—The Secretary ‘‘(1) PERFORMANCE STANDARDS.—A vessel to requirements of this subsection unless the shall, after consultation with the Under Sec- which this section applies shall conduct bal- system is approved by the Secretary. The retary, the Administrator, and other appro- last water treatment in accordance with the Secretary, in consultation with the Adminis- priate Federal and State agencies, as deter- requirements of this subsection before dis- trator, shall issue regulations establishing a mined by the Secretary, and opportunity for charging ballast water in waters subject to process for such approval, after consultation public comment, establish criteria for desig- the jurisdiction of the United States so that with the heads of other appropriate Federal nating additional areas in which, due to the ballast water discharged will contain— agencies as determined by the Secretary. their sensitive ecological nature, restric- ‘‘(A) less than 1 living organism per 10 ‘‘(5) RELIANCE ON CERTAIN REPORTS, DOCU- tions on the discharge of vessel ballast water cubic meters that is 50 or more micrometers MENTS, AND RECORDS.—In approving a ballast or sediment containing aquatic nuisance spe- in minimum dimension; water treatment system under this sub- cies are warranted. ‘‘(B) less than 1 living organism per 10 mil- section, the Secretary may rely on reports, ‘‘(C) STATE WATERS.—The Governor of any liliters that is less than 50 micrometers in documents, and records of persons that meet State may submit a written petition to the minimum dimension and more than 10 mi- such requirements as the Secretary may pre- Secretary to designate an area of State wa- crometers in minimum dimension; scribe. ters that meets the criteria established ‘‘(C) concentrations of indicator microbes ‘‘(6) FEASIBILITY REVIEW.— under subparagraph (B) of this paragraph. that are less than— ‘‘(A) IN GENERAL.—Not less than 2 years be- The petition shall include a detailed analysis ‘‘(i) 1 colony-forming unit of toxicogenic fore January 1, 2012, the Secretary, in con- as to how the area proposed to be designated Vibrio cholera (serotypes O1 and O139) per sultation with the Administrator, shall com- meets those criteria. An area may not be 100 milliliters or less than 1 colony-forming plete a review to determine whether appro- designated under this paragraph until the unit of that microbe per gram of wet weight priate technologies are available to achieve Secretary determines, based on evidence pro- of zoological samples; the performance standards set forth in para- vided by the Governor, that adequate alter- ‘‘(ii) 126 colony-forming units of esch- graph (1). In reviewing the technologies the native areas or reception facilities for dis- erichia coli per 100 milliliters; and Secretary, the Administrator, and the heads charging ballast water or sediment are avail- ‘‘(iii) 33 colony-forming units of intestinal of other appropriate Federal agencies as de- able. Within 180 days after receiving such a enterococci per 100 milliliters; and termined by the Secretary, shall consider— petition, the Secretary shall— ‘‘(D) concentrations of such additional in- ‘‘(i) the effectiveness of a technology in ‘‘(i) make a determination as to whether dicator microbes and of viruses as may be achieving the standards; the proposal meets the requirements of this specified in regulations issued by the Sec- ‘‘(ii) feasibility in terms of compatibility paragraph for designation; and retary and the Administrator, after con- with ship design and operations; ‘‘(ii) either— sultation with other appropriate Federal ‘‘(iii) safety considerations; ‘‘(I) publish a written notice of the petition agencies as determined by the Secretary and ‘‘(iv) whether a technology has an adverse and the proposed restrictions in the Federal the Administrator, that are less than the impact on the environment; and Register; or amount specified in those regulations. ‘‘(v) cost effectiveness. ‘‘(II) notify the Governor in writing that ‘‘(2) RECEPTION FACILITY EXCEPTION.— ‘‘(B) DELAY IN SCHEDULED APPLICATION.—If the area proposed for designation does not ‘‘(A) IN GENERAL.—Paragraph (1) does not the Secretary, in consultation with the Ad- qualify for designation under this paragraph apply to a vessel that discharges ballast ministrator, determines, on the basis of the and include in the notice a detailed expla- water into— review conducted under subparagraph (A), nation of why the area does not qualify for ‘‘(i) a land-based facility for the reception and after an opportunity for a public hear- designation under this paragraph. of ballast water that meets standards issued ing, that technology that complies with the ‘‘(D) PROCEDURE; DEADLINE.—Before desig- by the Administrator; or standards set forth in paragraph (1) in ac- nating any area in response to a petition ‘‘(ii) a water-based facility for the recep- cordance with the schedule set forth in para- under subparagraph (C), the Secretary, after tion of ballast water that meets standards graph (3) is not available for any class of ves- providing an opportunity for public com- issued by the Secretary. sels, the Secretary shall require use of tech- ment, shall publish notice in the Federal ‘‘(B) ISSUANCE OF STANDARDS.—Not later nology that achieves the performance levels Register of the proposed designation. The than one year after the date of enactment of of the best performing technology available. Secretary and the Under Secretary shall the Ballast Water Treatment Act of 2008, the If the Secretary finds that no technology is make such information available through Secretary, in consultation with the heads of available that will achieve the standards set other appropriate mechanisms, including a other appropriate Federal agencies as deter- forth in paragraph (1), then the Secretary notice to mariners and inclusion on nautical mined by the Secretary, shall issue stand- shall— charts. ards for— ‘‘(i) extend the date on which that para- ‘‘(E) EFFECT ON STATE LAW.—Nothing in ‘‘(i) the reception of ballast water in land- graph applies to vessels for a period of not this paragraph supersedes any State law in based and water-based reception facilities; more than 24 months; and effect as of January 1, 2007, that restricts the and ‘‘(ii) recommend action to ensure that discharge of ballast water or sediment in ‘‘(ii) the disposal or treatment of such bal- compliance with the extended date schedule State waters and requires such discharges to last water in a way that does not impair or for that subparagraph is achieved. be made into reception facilities. damage the environment, human health, ‘‘(C) MORE PROTECTIVE STANDARDS; EARLIER ‘‘(9) VESSELS WITHOUT PUMPABLE BALLAST property, or resources. IMPLEMENTATION.— WATER OR WITH NO BALLAST ON BOARD.—Not ‘‘(3) TREATMENT SYSTEM IMPLEMENTATION.— ‘‘(i) PERFORMANCE STANDARDS.—If the Sec- later than 180 days after the date of enact- ‘‘(A) IMO STANDARD IMPLEMENTATION.—A retary and the Administrator determine that ment of the Ballast Water Treatment Act of vessel to which this section applies shall ballast water treatment technology exists 2008, the Secretary shall promulgate regula- have a ballast water treatment system that that exceeds the performance standards re- tions to minimize the discharge of invasive meets the standards provided under Regula- quired under paragraph (1), the Secretary species from vessels entering a United States tion D–2 of the International Convention for and the Administrator shall, for any class of port or place from outside the United States the Control and Management of Ships’ Bal- vessels, revise the performance standards to exclusive economic zone that do not ex- last Water and Sediments as signed on Feb- incorporate the higher performance stand- change their ballast water pursuant to para- ruary 13, 2004, beginning on the date of the ards.

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00038 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.001 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 6921

‘‘(ii) IMPLEMENTATION.—If the Secretary justed standards apply and for an orderly the performance of ballast water treatment and the Administrator determine that tech- phase-in of the adjusted standards to exist- technologies required by this Act, criteria nology that achieves the applicable perform- ing vessels. for certifying laboratories to evaluate such ance standards required under paragraph (1) ‘‘(9) HIGH-RISK VOYAGES.— technologies, and procedures for approving can be implemented earlier than required by ‘‘(A) VESSEL LIST.—Not later than one year treatment equipment and systems for ship- this subsection, the Secretary and the Ad- after the date of enactment of the Ballast board use. ministrator shall, for any class of vessels, ac- Water Treatment Act of 2008, the Secretary ‘‘(B) PROTOCOLS AND PROCEDURES FOR celerate the implementation schedule under shall publish and regularly update a list of TREATMENT TECHNOLOGIES.—In developing paragraph (3). If the Secretary and the Ad- vessels, not equipped with ballast water protocols and procedures for verifying and ministrator accelerate the implementation equipment under this section, identified by approving treatment technologies, the Sec- schedule pursuant to this clause, the Sec- the States that, due to factors such as the retary and the Administrator, shall consider retary and the Administrator shall provide origin of their voyages, the frequency of using existing protocols and procedures in- at least 24 months notice before such accel- their voyages, the volume of ballast water cluding methods used as part of the Ballast erated implementation goes into effect. they carry, the biological makeup of the bal- Water Management Demonstration Program ‘‘(iii) DETERMINATIONS NOT MUTUALLY EX- last water, and the fact that they frequently by the Environmental Protection Agency as CLUSIVE.—The Secretary and the Adminis- discharge ballast water under an exception a part of its Environmental Testing & trator shall take action under both clause (i) to subsection (e), pose a high risk of intro- Verification Program, or by the Secretary as and clause (ii) if the Secretary and the Ad- ducing aquatic nuisance species into the wa- part of the Coast Guard’s Shipboard Tech- ministrator make determinations under both ters of those States. nology Evaluation Program. clauses. ‘‘(B) INCENTIVE PROGRAMS.—The Secretary ‘‘(C) LABORATORIES.—The Secretary and ‘‘(7) DELAY OF APPLICATION FOR VESSEL PAR- shall give priority to vessels on the list for the Administrator shall utilize Federal or TICIPATING IN PROMISING TECHNOLOGY EVALUA- participation in a program described in para- non-Federal laboratories that meet stand- TIONS.— graph (7). Any Federal agency, and any State ards established by the Secretary for the ‘‘(A) IN GENERAL.—If a vessel participates agency with respect to vessels identified by purpose of evaluating and certifying ballast in a program, including the Shipboard Tech- such State to the Secretary for inclusion on water treatment technologies and equipment nology Evaluation Program established a list under subparagraph (A), may develop under this subsection. under section 1104, using a technology ap- and implement technology development pro- ‘‘(D) REQUIREMENTS; UPDATES.—The Sec- proved by the Secretary to test and evaluate grams or other incentives (whether positive retary and the Administrator shall periodi- promising ballast water treatment tech- or negative) in order to encourage the adop- cally review and, if necessary, revise the cri- nologies that are likely to result in treat- tion of ballast water treatment technology teria, protocols, and procedures developed ment technologies achieving a standard that by those vessels consistent with the require- under this paragraph. is the same as or more stringent than the ments of this section on an expedited basis. ‘‘(12) PROGRAM TO SUPPORT THE PROMULGA- standard that applies under paragraph (1) be- ‘‘(10) NONAPPLICABILITY OF VESSELS OPER- TION AND IMPLEMENTATION OF STANDARDS.— fore the first date on which paragraph (1) ap- ATING EXCLUSIVELY IN DETERMINED AREA.— ‘‘(A) IN GENERAL.—The Secretary and the plies to that vessel, the Secretary shall allow ‘‘(A) IN GENERAL.—Except as provided in Administrator, in coordination with the the vessel to use that technology for a 10- subparagraph (D), paragraph (1) does not Under Secretary, the Task Force and other year period and such vessel shall be deemed apply to a vessel that operates exclusively appropriate Federal agencies, shall carry out to be in compliance with the requirements of within a geographically limited area if the a coordinated program to support the pro- paragraph (1) during that 10-year period. Secretary and the Administrator have deter- mulgation and implementation of standards ‘‘(B) VESSEL DIVERSITY.—The Secretary— mined through a rulemaking proceeding, under this subsection to prevent the intro- ‘‘(i) shall seek to ensure that a wide vari- after consultation with the heads of other duction and spread of aquatic invasive spe- ety of vessel types and voyages are included appropriate Federal agencies as determined cies by vessels. The program established in the program; but by the Secretary and the Administrator, and under this section shall, at a minimum— ‘‘(ii) may not grant a delay under this representatives of States the waters of which ‘‘(i) characterize physical, chemical, and paragraph to more than 5 percent of the ves- could be affected by the discharge of ballast biological harbor conditions relevant to bal- sels to which this section applies. water from the vessel, that the risk of intro- last discharge into United States waters to ‘‘(C) TERMINATION OF GRACE PERIOD.—The ducing aquatic nuisance species through bal- inform the design and implementation of Secretary may terminate the 10-year grace last water discharge from the vessel is insig- ship vector control technologies and prac- period of a vessel under subparagraph (A) if— nificant. tices; ‘‘(i) the participation of the vessel in the ‘‘(B) CERTAIN VESSELS.—A vessel con- ‘‘(ii) develop testing protocols for deter- program is terminated without the consent structed before January 1, 2001, that operates mining the effectiveness of vessel vector of the Secretary; exclusively within the Great Lakes eco- monitoring and control technologies and ‘‘(ii) the vessel does not comply with man- system shall be presumed not to pose a sig- practices; ufacturer’s standards for operating the bal- nificant risk of introducing aquatic nuisance ‘‘(iii) demonstrate methods for mitigating last water treatment technology used on species unless the Secretary and the Admin- the spread of invasive species by coastal voy- such vessel; or istrator find otherwise in a rulemaking pro- ages, including exploring the effectiveness of ‘‘(iii) the Secretary determines that the ceeding under subparagraph (A). alternative exchange zones in the near coast- approved technology is insufficiently effec- ‘‘(C) BEST PRACTICES.—The Secretary and al areas and other methods proposed to re- tive or is causing harm to the environment. the Administrator shall develop, and require duce transfers of organisms; ‘‘(8) REVIEW OF STANDARDS.— a vessel exempted from complying with the ‘‘(iv) verify the practical effectiveness of ‘‘(A) IN GENERAL.—In December 2012 and requirements of paragraph (1) under this any process for approving a type of alter- every third year thereafter, the Adminis- paragraph to follow, best practices to mini- native ballast water management as meeting trator and the Secretary shall complete re- mize the spreading of aquatic nuisance spe- standards established under this subsection, view of ballast water treatment standards in cies in its operation area. The best practices to ensure that the process produces repeat- effect under this subsection to determine, shall be developed in consultation with the able and accurate assessments of treatment after consultation with the heads of other Governors of States that may be affected. effectiveness; and appropriate Federal agencies determined by ‘‘(D) STOPPING THE SPREAD OF INFECTIOUS ‘‘(v) evaluate the effectiveness and residual the Administrator and the Secretary, if the DISEASE.—The Secretary, at the request of risk and environmental impacts associated standards under this subsection should be re- the Secretary of Agriculture, shall require a with any standard set with respect to the vised to reduce the amount of organisms or vessel to which paragraph (1) does not apply vessel pathways. microbes allowed to be discharged, taking in accordance with subparagraph (A) to have ‘‘(B) AUTHORIZATION OF APPROPRIATIONS.— into account improvements in the scientific a ballast water treatment system approved In addition to other amounts authorized by understanding of biological processes leading by the Secretary under this subsection to this title, to carry out this paragraph there to the spread of aquatic nuisance species and stop the spread of infectious diseases to are authorized to be appropriated $1,500,000 improvements in ballast water treatment plants and animals as otherwise authorized to the Secretary and $1,500,000 to the Under technology. The Administrator and the Sec- by law. Secretary for each of fiscal years 2008 retary shall revise, by regulation, the re- ‘‘(11) TESTING PROTOCOLS AND LABORA- through 2012. quirements of this subsection as necessary. TORIES.— ‘‘(g) WARNINGS CONCERNING BALLAST ‘‘(B) APPLICATION OF ADJUSTED STAND- ‘‘(A) IN GENERAL.—The Secretary and the WATER UPTAKE.— ARDS.—In the regulations, the Secretary and Administrator, shall, no later than 90 days ‘‘(1) IN GENERAL.—The Secretary shall no- the Administrator shall provide for the pro- after the date of enactment of the Ballast tify vessel owners and operators of any area spective application of the adjusted stand- Water Treatment Act of 2008 and without re- in waters subject to the jurisdiction of the ards issued under this paragraph to vessels gard to chapter 5 of title 5, United States United States in which vessels may not up- constructed after the date on which the ad- Code, issue interim protocols for verifying take ballast water due to known conditions.

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00039 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.001 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6922 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 April 24, 2008

‘‘(2) CONTENTS.—The notice shall include— ‘‘(C) EXISTING VESSELS.—For vessels con- ‘‘(iii) to establish adequate procedures for ‘‘(A) the coordinates of the area; and structed before January 1, 2009, the Sec- reporting violations of this section; ‘‘(B) if possible, the location of alternative retary shall— ‘‘(iv) to investigate and abate violations of areas for the uptake of ballast water. ‘‘(i) conduct the examination required by this section, including civil and criminal ‘‘(h) SEDIMENT MANAGEMENT.— subparagraph (A) before the date on which penalties and other ways and means of en- ‘‘(1) IN GENERAL.—The operator of a vessel subsection (f)(1) applies to the vessel accord- forcement; and to which this section applies may not re- ing to the schedule in subsection (f)(3); and ‘‘(v) to ensure that the Secretary receives move or dispose of sediment from spaces de- ‘‘(ii) inspect the vessel’s ballast water notice of each violation of the ballast water signed to carry ballast water, except— record book required by subsection (d). treatment requirements issued under this ‘‘(A) in accordance with this subsection ‘‘(D) FOREIGN VESSEL.—In the case of a for- section in an expeditious manner. and the ballast water management plan ap- eign vessel, the Secretary shall perform the ‘‘(C) COMPLIANCE.—Any State program ap- proved under subsection (c); and examination required by this paragraph the proved under this paragraph shall at all ‘‘(B)(i) more than 200 nautical miles from first time the vessel enters a United States times be conducted in accordance with this the nearest point of land; or port. section and regulations issued under this ‘‘(ii) into a reception facility that meets ‘‘(2) SUBSEQUENT EXAMINATIONS.—In addi- section. the requirements of paragraph (3). tion to the examination required by para- ‘‘(D) WITHDRAWAL OF APPROVAL.—Whenever ‘‘(2) DESIGN REQUIREMENTS.— graph (1), the Secretary shall annually exam- the Secretary determines, after public hear- ‘‘(A) NEW VESSELS.—After December 31, ine vessels to which this section applies, to ing, that a State is not administering a pro- 2008, a vessel to which this section applies ensure compliance with the requirements of gram approved under this paragraph in ac- may not be operated on waters subject to the this section and the regulations issued under cordance with this section and regulations jurisdiction of the United States, unless that this section. issued under this section, the Secretary shall vessel is designed and constructed in accord- ‘‘(3) INSPECTION AUTHORITY.— notify the State and, if appropriate correc- ance with regulations issued under subpara- ‘‘(A) IN GENERAL.—The Secretary may tive action is not taken within a reasonable graph (C) and in a manner that— carry out inspections of any vessel to which period of time not to exceed 90 days, the Sec- ‘‘(i) minimizes the uptake and entrapment this section applies at any time, including retary shall withdraw approval of the pro- of sediment; the taking of ballast water samples, to en- gram. The Secretary shall not withdraw ap- ‘‘(ii) facilitates removal of sediment; and sure compliance with this section. The Sec- proval of any program unless the Secretary ‘‘(iii) provides for safe access for sediment retary shall use all appropriate and practical shall first have notified the State, and made removal and sampling. measures of detection and environmental public, in writing, the reasons for such with- ‘‘(B) EXISTING VESSELS.—A vessel to which monitoring such vessels and shall establish drawal. this section applies that was constructed be- adequate procedures for reporting violations ‘‘(E) LIMITATION ON STATUTORY CONSTRUC- fore January 1, 2009, shall be modified, to the of this section and accumulating evidence TION.—Nothing in this paragraph shall limit extent practicable, at the first drydocking of regarding such violations. the authority of the Secretary carry out in- the vessel after December 31 2008, but not ‘‘(B) INVESTIGATIONS.— spections and investigations of any vessels later than December 31, 2013, to achieve the ‘‘(i) IN GENERAL.—Upon receipt of evidence under paragraph (3). objectives described in subparagraph (A). that a violation of this section or a regula- ‘‘(5) REQUIRED CERTIFICATE.—If, on the ‘‘(C) REGULATIONS.—The Secretary shall tion issued under this section has occurred, basis of an initial examination under para- issue regulations establishing design and the Secretary shall cause the matter to be graph (1), the Secretary finds that a vessel construction standards to achieve the objec- investigated. complies with the requirements of this sec- tives of subparagraph (A) and providing guid- ‘‘(ii) ISSUANCE OF SUBPOENAS.—In an inves- tion and the regulations issued under this ance for modifications and practices under tigation under this subparagraph, the Sec- section, the Secretary shall issue a certifi- subparagraph (B). The Secretary shall incor- retary may issue subpoenas to require the cate under this paragraph as evidence of porate the standards and guidance in the attendance of any witness and the produc- such compliance. The certificate shall be regulations governing the ballast water man- tion of documents and other evidence. valid for a period of not more than 5 years, agement plan approved under subsection (c). ‘‘(iii) COMPELLING COMPLIANCE WITH SUB- as specified by the Secretary. The certificate ‘‘(3) SEDIMENT RECEPTION FACILITIES.— POENAS.—In case of refusal to obey a sub- or a true copy shall be maintained on board ‘‘(A) STANDARDS.—The Secretary, in con- poena issued under this subparagraph, the the vessel. sultation with the heads of other appropriate Secretary may request the Attorney General ‘‘(6) NOTIFICATION OF VIOLATIONS.—If the Federal agencies as determined by the Sec- to invoke the aid of the appropriate district Secretary finds, on the basis of an examina- retary, shall issue regulations governing fa- court of the United States to compel compli- tion under paragraph (1) or (2), investigation cilities for the reception of vessel sediment ance. under paragraph (3), or any other informa- from spaces designed to carry ballast water ‘‘(4) STATE PROGRAMS.— tion, that a vessel is being operated in viola- that provide for the disposal of such sedi- ‘‘(A) SUBMISSION TO SECRETARY.—At any tion of any requirement of this section or ment in a way that does not impair or dam- time after the date of issuance of ballast regulation issued under this section, the Sec- age the environment, human health, or prop- water treatment regulations issued under retary shall— erty or resources of the disposal area. this section, the Governor of each State de- ‘‘(A) notify, in writing— ‘‘(B) DESIGNATION.—The Secretary, in con- siring to administer its own inspection and ‘‘(i) the master of the vessel; and sultation with the heads of other appropriate enforcement authority for ballast water dis- ‘‘(ii) the captain of the port at the vessel’s Federal agencies as determined by the Sec- charges within its jurisdiction may submit next port of call; retary shall designate facilities for the re- to the Secretary a complete description of ‘‘(B) remove from the vessel the certificate ception of vessel sediment that meet the re- the program the Governor proposes to estab- issued under paragraph (5); quirements of the regulations issued under lish and administer under State law. In addi- ‘‘(C) take such other action as may be ap- subparagraph (A) at ports and terminals tion, the Governor shall submit a statement propriate. where ballast tanks are cleaned or repaired. from the attorney general that the laws of ‘‘(7) COMPLIANCE MONITORING.— ‘‘(i) EXAMINATIONS AND CERTIFICATIONS.— such State provide adequate authority to ‘‘(A) IN GENERAL.—The Secretary shall es- ‘‘(1) INITIAL EXAMINATION.— carry out the described program. tablish, by regulation, sampling and other ‘‘(A) IN GENERAL.—The Secretary shall ex- ‘‘(B) APPROVAL.—The Secretary shall ap- procedures to monitor compliance with the amine vessels to which this section applies prove a program submitted under subpara- requirements of this section and the regula- to determine whether— graph (A), unless the Secretary determines tions issued under this section. ‘‘(i) there is a ballast water management that adequate resources do not exist or, in ‘‘(B) USE OF MARKERS.—The Secretary may plan for the vessel that is approved by the the case of ballast water testing, that ade- verify compliance with the discharge re- Secretary and a ballast water record book on quate scientific expertise does not exist— quirements of subsection (f) and the regula- the vessel that meets the requirements of ‘‘(i) to inspect, monitor, and board any ves- tions issued under this section with respect subsection (d); sel to which this section applies at any time, to such requirements through identification ‘‘(ii) the equipment used for ballast water including the taking and testing of ballast of markers associated with a treatment tech- and sediment management in accordance water samples, to ensure the vessel’s compli- nology’s effectiveness, such as the presence with the requirements of this section and the ance with this section; of indicators associated with a certified regulations issued under this section is in- ‘‘(ii) to ensure that any ballast water dis- treatment technology. stalled and functioning properly. charged within the waters subject to the ju- ‘‘(8) EDUCATION AND TECHNICAL ASSISTANCE ‘‘(B) NEW VESSELS.—For vessels con- risdiction of the State meet the ballast PROGRAMS.—The Secretary may carry out structed on or after January 1, 2009, the Sec- water requirements of this section and the education and technical assistance programs retary shall conduct the examination re- regulations issued under this section, includ- and other measures to promote compliance quired by subparagraph (A) before the vessel ing any revisions to such requirements and with the requirements of this section and the is placed in service. regulations; regulations issued under this section.

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00040 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.001 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 6923

‘‘(9) REPORT.—Beginning 1 year after final any other government of a foreign country ‘‘(B) if the Secretary determines that a regulations have been adopted pursuant to that the Secretary, after consultation with violation of this section, or any regulation this section after the enactment of the Bal- the Task Force, determines to be necessary promulgated hereunder, has occurred or is last Water Treatment Act of 2008, and annu- to develop and implement an effective inter- occurring— ally thereafter, the Secretary shall prepare a national program for preventing the unin- ‘‘(i) immediately bring a civil action in an report summarizing the results of ballast tentional introduction and spread of aquatic appropriate district court of the United water inspection and enforcement activities. nuisance species through ballast water. States to enforce this section, or any regula- The report shall, at a minimum, include in- ‘‘(n) INTERNATIONAL COOPERATION.—The tion promulgated hereunder; or formation on the number of vessels inspected Secretary, in cooperation with the Under ‘‘(ii) demonstrate that the violation has and the type of inspections, the status of im- Secretary, the Secretary of State, the Ad- ceased. plementation of treatment technologies, the ministrator, the heads of other relevant Fed- ‘‘(2) RELIEF.—Any court before which such number of exemptions claimed from ballast eral agencies, the International Maritime an action is brought may award appropriate water exchange requirements, the number of Organization of the United Nations, and the relief, including temporary or permanent in- violations, a summary of enforcement and Commission on Environmental Cooperation junctive relief and civil penalties. regulatory actions, and overall compliance established pursuant to the North American ‘‘(s) COAST GUARD REPORT ON OTHER statistics. The report shall be made available Free Trade Agreement, is encouraged to SOURCES OF VESSEL-BOURNE NUISANCE SPE- on the National Ballast Information Clear- enter into negotiations with the govern- CIES.— inghouse established under section 1102(f). ments of foreign countries to develop and ‘‘(1) IN GENERAL.— ‘‘(j) DETENTION OF VESSELS.—The Sec- implement an effective international pro- ‘‘(A) HULL-FOULING AND OTHER VESSEL retary, by notice to the owner, charterer, gram for preventing the unintentional intro- SOURCES.—Not later than 180 days after the managing operator, agent, master, or other duction and spread of aquatic invasive spe- date of enactment of the Ballast Water individual in charge of a vessel, may detain cies. The Secretary is particularly encour- Treatment Act of 2008, the Secretary shall that vessel if the Secretary has reasonable aged to seek bilateral or multilateral agree- transmit a report to the Committee on Com- cause to believe that— ments with Canada, Mexico, and other na- merce, Science, and Transportation of the ‘‘(1) the vessel is a vessel to which this sec- tions in the Wider Caribbean Region (as de- Senate and the Committee on Transpor- tion applies; and fined in the Convention for the Protection tation and Infrastructure of the House of and Development of the Marine Environment ‘‘(2) the vessel does not comply with any Representatives on vessel-related pathways of the Wider Caribbean, signed at Cartagena requirement of this section or regulation of harmful aquatic organisms and pathogens on March 24, 1983 (TIAF 11085), to carry out issued under this section or is being operated other than ballast water and sediment, in- the objectives of this section. in violation of such a requirement or regula- cluding vessel hulls and equipment, and from ‘‘(o) NONDISCRIMINATION.—The Secretary tion. shall ensure that foreign vessels do not re- vessels equipped with ballast tanks that ‘‘(k) SANCTIONS.— ceive more favorable treatment than vessels carry no ballast water on board. ‘‘(1) CIVIL PENALTIES.—Any person who vio- of the United States when the Secretary per- ‘‘(B) BEST PRACTICES.— lates this section (including a regulation forms studies, reviews compliance, deter- ‘‘(i) IN GENERAL.—As soon as practicable, issued under this section) shall be liable for mines effectiveness, establishes require- the Secretary shall develop best practices a civil penalty in an amount not to exceed ments, or performs any other responsibilities standards and procedures designed to reduce $32,500. Each day of a continuing violation under this Act. the introduction and spread of invasive spe- constitutes a separate violation. A vessel op- ‘‘(p) CONSULTATION WITH TASK FORCE.—The cies into and within the United States from erated in violation of this section (including Secretary shall consult with the Task Force vessels and establish a timeframe for imple- a regulation issued under this section) is lia- in carrying out this section. mentation of those standards and procedures ble in rem for any civil penalty assessed ‘‘(q) PREEMPTION.— by vessels. Such standards and procedures under this subsection for that violation. ‘‘(1) IN GENERAL.—Except as provided in shall include designation of geographical lo- ‘‘(2) CRIMINAL PENALTIES.—Whoever know- subsection (i)(4) and paragraph (4) of this cations for uptake and discharge of un- ingly violates this section (including a regu- subsection but notwithstanding any other treated ballast water, as well as standards lation issued under this section) shall be provision of law, the provisions of sub- and procedure for other vessel pathways of fined under title 18, United States, or impris- sections (e) and (f) supersede any provision of aquatic invasive species. oned not more than 12 years, or both. State or local law that is inconsistent with ‘‘(ii) REPORT.—The Secretary shall trans- ‘‘(3) REVOCATION OF CLEARANCE.—Except as the requirements of those subsections or mit a report to the committees referred to in provided in subsection (j)(2), upon request of that conflicts with the requirements of those subparagraph (A) describing the standards the Secretary, the Secretary of the Treasury subsections. and procedures developed under this subpara- shall withhold or revoke the clearance of a ‘‘(2) GREATER PENALTIES OR FEES.—For pur- graph and the implementation timeframe, vessel required by section 60105 of title 46, pose of paragraph (1), the imposition by together with such recommendations as the United States Code, if the owner or operator State or local law of greater penalties or fees Secretary determines appropriate. of that vessel is in violation of this section for acts or omissions that are violations of ‘‘(iii) REGULATIONS.—The Secretary may or a regulation issued under this section. such law and also violations of this Act or issue regulations to incorporate and enforce ‘‘(l) ENFORCEMENT.— the imposition by a State of incentives under standards and procedures developed under ‘‘(1) ADMINISTRATIVE ACTIONS.—If the Sec- subsection (f)(9)(B) shall not be considered to this paragraph. retary finds, after notice and an opportunity be inconsistent, or to conflict, with the re- ‘‘(2) TRANSITING VESSELS.—Not later than for a hearing, that a person has violated this quirements of subsections (e) and (f). 180 days after the date of enactment of the section or a regulation issued under this sec- ‘‘(3) RECEPTION FACILITIES.—The standards Ballast Water Treatment Act of 2008, the tion, the Secretary may assess a civil pen- issued by the Secretary or the heads of other Secretary shall transmit a report to the alty for that violation. In determining the appropriate Federal agencies under sub- Committee on Commerce, Science, and amount of the civil penalty, the Secretary section (f)(2) do not supersede any more Transportation of the Senate and the Com- shall take into account the nature, cir- stringent standard under any otherwise ap- mittee on Transportation and Infrastructure cumstances, extent, and gravity of the pro- plicable Federal, State, or local law. of the House of Representatives containing— hibited acts committed and, with respect to ‘‘(4) LIMITATION ON APPLICATION.—Until ‘‘(A) an assessment of the magnitude and the violator, the degree of culpability, any January 1, 2012, this subsection does not potential adverse impacts of ballast water history of prior violations, and such other apply to a State law requiring ballast water operations from foreign vessels designed, matters as justice may require. treatment and any regulations prescribed adapted, or constructed to carry ballast ‘‘(2) CIVIL ACTIONS.—At the request of the under that law as those laws and regulations water that are transiting waters subject to Secretary, the Attorney General may bring a were in effect on January 1, 2007. the jurisdiction of the United States; and civil action in an appropriate district court ‘‘(r) LEGAL ACTIONS.— ‘‘(B) recommendations, including legisla- of the United States to enforce this section ‘‘(1) CIVIL ACTION.—Any person may peti- tive recommendations if appropriate, of op- or any regulation issued under this section. tion the Secretary to bring a civil action in tions for addressing ballast water operations Any court before which such an action is an appropriate district court of the United of those vessels.’’. brought may award appropriate relief, in- States to enforce this section, or any regula- (b) DEFINITIONS.—Section 1003 of the Non- cluding temporary or permanent injunctions tion promulgated hereunder. Within 90 days indigenous Aquatic Nuisance Prevention and and civil penalties. after receiving such a petition, the Secretary Control Act of 1990 (16 U.S.C. 4702) is amend- ‘‘(m) CONSULTATION WITH CANADA, MEXICO, shall— ed— AND OTHER FOREIGN GOVERNMENTS.—In de- ‘‘(A) respond to the person filing the peti- (1) by redesignating— veloping the guidelines and regulations to be tion with a determination of whether a vio- (A) paragraphs (1), (2), and (3) as para- issued under this section, the Secretary is lation of this section, or any regulation pro- graphs (2), (3), and (4), respectively; encouraged to consult with the Government mulgated hereunder, has occurred or is oc- (B) paragraphs (4), (5), and (6) as para- of Canada, the Government of Mexico and curring; and graphs (8), (9), and (10), respectively;

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00041 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.001 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6924 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 April 24, 2008 (C) paragraphs (7), (8), (9), and (10) as para- jurisdiction of the United States, including (1) by striking the section heading and in- graphs (12), (13), (14), and (15), respectively; ports located in Puerto Rico, Guam, and the serting the following: (D) paragraphs (11) and (12) as paragraphs United States Virgin Islands; ‘‘SEC. 1104. BALLAST WATER TREATMENT TECH- (17) and (18), respectively; ‘‘(25) ‘vessel of the Armed Forces’ means— NOLOGY EVALUATION AND DEM- (E) paragraphs (13), (14), and (15) as para- ‘‘(A) any vessel owned or operated by the ONSTRATION PROGRAMS.’’; graphs (20), (21), and (22), respectively; Department of Defense, other than a time or (2) by striking subsection (a); (F) paragraph (16) as paragraph (27); and voyage chartered vessel; and (3) by redesignating subsection (b) as sub- (G) paragraph (17) as paragraph (23); ‘‘(B) any vessel owned or operated by the section (a); (2) by moving paragraph (23), as so redesig- Department of Homeland Security that is (4) by redesignating subsection (c) as sub- nated, after paragraph (22), as so redesig- designated by the Secretary as a vessel section (d); nated; equivalent to a vessel described in subpara- (5) in subsection (a), as so redesignated— (3) by inserting before paragraph (2), as so graph (A); (A) by striking so much as precedes para- redesignated, the following: ‘‘(26) ‘vessel of the United States’ has the graph (2) and inserting the following: ‘‘(1) ‘Administrator’ means the Adminis- meaning such term has under section 116 of ‘‘(a) SHIPBOARD TECHNOLOGY EVALUATION trator of the Environmental Protection title 46, United States Code;’’; and PROGRAM.— Agency;’’; (11) in paragraph (23), as so redesignated, ‘‘(1) IN GENERAL.—The Secretary shall es- (4) by striking paragraph (4), as so redesig- by striking the period at the end and insert- tablish a Shipboard Technology Evaluation nated, and inserting the following: ing ‘‘;’’. Program to evaluate ballast water treatment ‘‘(4) ‘ballast water’ means— (c) REPEAL OF SECTION 1103.—Section 1103 technologies aboard vessels to prevent ‘‘(A) water taken on board a vessel to con- of the Nonindigenous Aquatic Nuisance Pre- aquatic nuisance species from being intro- trol trim, list, draught, stability, or stresses vention and Control Act of 1990 (16 U.S.C. duced into and spread through discharges of of the vessel, including matter suspended in 4713) is repealed. ballast water in waters of the United such water; or (d) INTERIM FINAL RULE.—The Secretary States.’’; and ‘‘(B) any water placed into a ballast tank shall issue an interim final rule as a tem- (B) in paragraph (2) by striking ‘‘of the during cleaning, maintenance, or other oper- porary regulation implementing the amend- technologies and practices used in the dem- ations;’’; ments made by this section as soon as prac- onstration program’’ and inserting ‘‘of bal- ticable after the date of enactment of this (5) by inserting after paragraph (4), as so last water treatment technologies used in section, without regard to the provisions of redesignated and amended, the following: the program’’; chapter 5 of title 5, United States Code. All ‘‘(5) ‘ballast water capacity’ means the (6) in subsection (a)(3), as so redesignated, regulations issued under the authority of total volumetric capacity of any tanks, by striking ‘‘technologies and practices’’ and this subsection that are not earlier super- spaces, or compartments on a vessel that is seded by final regulations shall expire not all that follows through ‘‘shall—’’ and insert- used for carrying, loading, or discharging later than one year after the date of enact- ing ‘‘ballast water treatment technologies on ballast water, including any multi-use tank, ment of this Act. vessels under this subsection, the Secretary space, or compartment designed to allow shall—’’; SEC. 504. NATIONAL BALLAST WATER MANAGE- carriage of ballast water; MENT INFORMATION. (7) in subsection (a)(3)(A), as so redesig- ‘‘(6) ‘ballast water management’ means Section 1102 (16 U.S.C. 4712) is amended— nated, by striking clause (i) and redesig- mechanical, physical, chemical, and biologi- (1) by adding at the end the following: nating clauses (ii) and (iii) in order as cal processes used, either singularly or in ‘‘(g) BALLAST WATER SURVEYS.— clauses (i) and (ii); combination, to remove, render harmless, or ‘‘(1) IN GENERAL.—The Secretary shall con- (8) by amending subsection (a)(3)(A)(i), as avoid the uptake or discharge of harmful duct the following ballast water surveys: so redesignated, to read as follows: aquatic organisms and pathogens within bal- ‘‘(A) A survey of the number of living orga- ‘‘(i) have ballast water systems conducive last water and sediment; nisms in untreated ballast water of a rep- to testing aboard the vessel; and’’; ‘‘(7) ‘constructed’ means a state of con- resentative number of vessels, as determined (9) by amending subsection (a)(3)(C), as so struction of a vessel at which— by the Secretary. redesignated, to read as follows: ‘‘(A) the keel is laid; ‘‘(B) A survey of the number of living orga- ‘‘(C) seek to use a variety of vessel types.’’; ‘‘(B) construction identifiable with the spe- nisms in the ballast water of a representa- (10) by amending subsection (a)(4), as so re- cific vessel begins; tive number of vessels, as determined by the designated, to read as follows: ‘‘(C) assembly of the vessel has begun com- Secretary, that has been exchanged on the ‘‘(4) SELECTION OF BALLAST WATER TREAT- prising at least 50 tons or 1 percent of the es- high seas. MENT TECHNOLOGIES.—In order for a ballast timated mass of all structural material of ‘‘(C) Surveys of the number of living orga- water treatment technology to be eligible to the vessel, whichever is less; or nisms in the ballast water of vessels that are be installed on vessels for evaluation under ‘‘(D) the vessel undergoes a major conver- participating in a program to test and evalu- this section, such technology must be, at a sion;’’; ate promising ballast water treatment, as minimum— (6) by inserting after paragraph (10), as so approved by the Secretary. ‘‘(A) determined by the Secretary to have redesignated, the following: ‘‘(2) REPORTS.—The Secretary shall submit the demonstrated potential to reduce the ‘‘(11) ‘foreign vessel’ has the meaning such to the Committee on Transportation and In- number of organisms greater than or equal term has under section 110 of title 46, United frastructure of the House of Representatives to 50 microns in minimum dimension in dis- States Code;’’; and the Committee on Commerce, Science, charged ballast water to fewer than 10 living (7) by inserting after paragraph (15), as so and Transportation of the Senate— organisms per cubic meter of water; redesignated, the following: ‘‘(A) a report on the results of the surveys ‘‘(B) cost-effective; ‘‘(16) ‘major conversion’ means a conver- under subparagraphs (A) and (B) of para- ‘‘(C) environmentally sound; sion of a vessel, that— graph (1) by not later than 18 months after ‘‘(D) operationally practical; ‘‘(A) changes its ballast water carrying ca- the date of enactment of the Ballast Water ‘‘(E) able to be retrofitted on existing ves- pacity by at least 15 percent; Treatment Act of 2008; and sels or incorporated in new vessel design (or ‘‘(B) changes the vessel class; ‘‘(B) a report on the results of the surveys both); ‘‘(C) is projected to prolong the vessel’s life required under subparagraph (C) of para- ‘‘(F) safe for a vessel and crew; and by at least 10 years (as determined by the graph (1) upon completion of each dem- ‘‘(G) accessible to monitoring.’’; Secretary); or onstration concerned.’’; (11) in subsection (a), as so redesignated, ‘‘(D) results in modifications to the ves- (2) in subsection (b)(1)(B)(ii), by striking by adding at the end the following: sel’s ballast water system, except— ‘‘guidelines issued and’’; ‘‘(6) AUTHORITY OF SECRETARY TO REVIEW ‘‘(i) component replacement-in-kind; or (3) in subsection (b)(2)(B)(ii), by striking AND REVISE CRITERIA.—The Secretary may re- ‘‘(ii) conversion of a vessel to meet the re- ‘‘voluntary guidelines issued, and regula- view and revise the criteria described in quirements of section 1101(e);’’; tions promulgated,’’ and inserting ‘‘regula- paragraph (4)(A) to require ballast water (8) by inserting after paragraph (18), as so tions promulgated’’; treatment technologies to meet a more redesignated, the following: (4) in subsection (c)(1), by striking ‘‘section stringent ballast water discharge standard, ‘‘(19) ‘sediment’ means matter that has set- 1101(b)’’ and inserting ‘‘section 1101(a)’’; and including standards promulgated under sec- tled out of ballast water within a vessel;’’; (5) in subsection (f)(1)(B), by striking tion 1101(f), before being eligible for installa- (9) in paragraph (12), as so redesignated, by ‘‘guidelines issued pursuant to section tion aboard vessels under the program.’’; striking the period at the end and inserting 1101(c)’’ and inserting ‘‘regulations issued (12) by inserting after subsection (a), as so a semicolon; pursuant to section 1101’’. redesignated, the following: (10) by inserting after paragraph (23), as so SEC. 505. BALLAST WATER MANAGEMENT EVAL- ‘‘(b) SHIPBOARD TECHNOLOGY DEMONSTRA- redesignated and moved, the following: UATION AND DEMONSTRATION PRO- TION PROGRAM.— ‘‘(24) ‘United States port’ means a port, GRAM. ‘‘(1) IN GENERAL.—The Under Secretary, river, harbor, or offshore terminal under the Section 1104 (16 U.S.C. 4714) is amended— with the concurrence of and in cooperation

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00042 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.001 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 6925 with the Secretary, shall conduct a program ‘‘(2) Identification, procurement, mainte- rapid response plan or as directed by the to demonstrate ballast water treatment nance, and storage of equipment and supplies President to carry out the plan.’’. technologies evaluated aboard vessels under needed to facilitate the killing, contain- SEC. 507. AUTHORIZATION OF APPROPRIATIONS. subsection (a) to prevent aquatic nuisance ment, and removal of aquatic nuisance spe- Section 1301(a) of the Nonindigenous species from being introduced into and cies under this section. Aquatic Nuisance Prevention and Control spread through ballast water in waters of the ‘‘(3) Establishment or designation by the Act of 1990 (16 U.S.C. 4741(a)) is amended— United States. President of Federal aquatic nuisance spe- (1) by striking ‘‘and’’ after the semicolon ‘‘(2) LOCATION.—The installation and con- cies response teams, consisting of— in paragraph (4)(B); struction of ballast water treatment tech- ‘‘(A) personnel who shall be trained and (2) by striking the period at the end of nologies used in the demonstration program prepared by the President and shall be avail- paragraph (5)(B) and inserting a semicolon; under this subsection shall be performed in able to provide necessary services to carry and the United States. out the national rapid response plan; (3) by adding at the end the following: ‘‘(3) VESSEL ELIGIBILITY.—Vessels eligible ‘‘(B) adequate equipment and material ‘‘(6) $20,000,000 for each of fiscal years 2008 to participate in the demonstration program needed to facilitate the killing, contain- through 2012 to the Secretary to carry out under this subsection shall consist only of ment, and removal of aquatic nuisance spe- section 1101; vessels that have been accepted into and are cies under this section; and ‘‘(7) $500,000 to the Secretary for each of actively participating in the Shipboard ‘‘(C) a detailed plans to kill, contain, and fiscal years 2008 through 2013 to carry out Technology Evaluation Program under sub- remove aquatic nuisance species, including section 1102(f); section (a). measures to protect fisheries and wildlife. ‘‘(8) $6,000,000 to the Under Secretary for ‘‘(4) GRANTS.— ‘‘(4) A system of surveillance and notice each of fiscal years 2008 through 2013 to carry ‘‘(A) IN GENERAL.—The Under Secretary designed to safeguard against, as well as en- out paragraph (4) of section 1104(b); and shall establish a grant program to provide sure earliest possible notice of, the introduc- ‘‘(9) $1,500,000 to the Under Secretary for funding for acquiring, installing, and oper- tion of aquatic nuisance species and immi- each of fiscal years 2008 through 2013 to carry ating ballast water treatment technologies nent threats of such introduction to the ap- out section 1104(c).’’. aboard vessels participating in the program propriate State and Federal agencies. TITLE VI—MARITIME POLLUTION under this subsection. ‘‘(5) Establishment by the President of a PREVENTION ‘‘(B) MATCHING REQUIREMENTS.—The national center to provide coordination and SEC. 601. SHORT TITLE. amount of Federal funds used for any dem- direction for operations in carrying out the This title may be cited as the ‘‘Maritime onstration project under this subsection— plan. Pollution Prevention Act of 2008’’. ‘‘(i) shall not exceed $1,000,000; and ‘‘(6) Procedures and techniques to be em- SEC. 602. REFERENCES. ‘‘(ii) shall not exceed 50 percent of the ployed in identifying, containing, killing, Wherever in this title an amendment or re- total cost of such project. and removing aquatic nuisance species in the peal is expressed in terms of an amendment ‘‘(c) ALTERNATIVE SHIP PATHWAY PRO- waters of the United States. to or a repeal of a section or other provision, GRAM.— ‘‘(7) A schedule, prepared by the President the reference shall be considered to be made ‘‘(1) IN GENERAL.—The Under Secretary, in cooperation with the States, identifying— to a section or other provision of the Act to with the concurrence of and in cooperation ‘‘(A) mitigating devices and substances, if Prevent Pollution from Ships (33 U.S.C. 1901 with the Secretary, shall conduct a program et seq.). to demonstrate and verify technologies and any, that may be used in carrying out the practices to monitor and control the intro- plan; SEC. 603. DEFINITIONS. duction of aquatic invasive species by ship ‘‘(B) the waters in which such mitigating Section 2(a) (33 U.S.C. 1901(a)) is amended— pathways other than the release of ballast devices and substances may be used; and (1) by redesignating the paragraphs (1) water. ‘‘(C) the quantities of such mitigating de- through (12) as paragraphs (2) through (13), vice or substance which can be used safely in respectively; ‘‘(2) SELECTION OF METHODS.—The Under Secretary may not select technologies and such waters. (2) by inserting before paragraph (2) (as so practices for demonstration or verification ‘‘(8) A system whereby the State or States redesignated) the following: under paragraph (1) unless such technologies affected by an aquatic nuisance species may ‘‘(1) ‘Administrator’ means the Adminis- and practices, in the determination of the act where necessary to remove such species. trator of the Environmental Protection Under Secretary, in consultation with the ‘‘(9) Establishment by the President of cri- Agency.’’; Secretary, meet the criteria outlined in sub- teria and procedures to ensure immediate (3) in paragraph (5) (as so redesignated) by paragraphs (B) through (G) of subsection and effective Federal identification of, and striking ‘‘and V’’ and inserting ‘‘V, and VI’’; (a)(4). response to, an introduction of aquatic nui- (4) in paragraph (6) (as so redesignated) by sance species. striking ‘‘ ‘discharge’ and ‘garbage’ and ‘‘(3) LOCATION.—The installation and con- struction of technologies and practices for ‘‘(10) Designation by the President of the ‘harmful substance’ and ‘incident’ ’’ and in- demonstration and verification under this Federal official who shall be the Federal on- serting ‘‘ ‘discharge’, ‘emission’, ‘garbage’, subsection shall be performed in the United scene coordinator for measures taken to kill, ‘harmful substance’, and ‘incident’ ’’; and States.’’; and contain, and remove aquatic nuisance spe- (5) by redesignating paragraphs (7) through (13) in subsection (d), as so redesignated, cies under this section. (13) (as redesignated) as paragraphs (8) by striking ‘‘Secretary of the Interior’’ each ‘‘(11) A fish and wildlife response plan for through (14), respectively, and inserting place it appears and inserting ‘‘Secretary, in the immediate and effective protection, res- after paragraph (6) (as redesignated) the fol- consultation with the Under Secretary,’’. cue, and rehabilitation of, and the minimiza- lowing: tion of risk of damage to, fish and wildlife ‘‘(7) ‘navigable waters’ includes the terri- SEC. 506. RAPID RESPONSE PLAN. torial sea of the United States (as defined in Subtitle C of title I of the Nonindigenous resources and their habitat that are harmed Presidential Proclamation 5928 of December Aquatic Nuisance Prevention and Control or that may be jeopardized by an introduc- Act of 1990 (16 U.S.C. 4721 et seq.) is amended tion of an aquatic nuisance species. 27, 1988) and the internal waters of the by adding at the end the following: ‘‘(c) FEDERAL REMOVAL AUTHORITY.— United States;’’. ‘‘(1) REMOVAL REQUIREMENT.— SEC. 604. APPLICABILITY. ‘‘SEC. 1210. RAPID RESPONSE PLAN. ‘‘(A) IN GENERAL.—The President shall en- Section 3 (33 U.S.C. 1902) is amended— ‘‘(a) PREPARATION BY PRESIDENT.—The President shall prepare and publish a na- sure, in accordance with the national rapid (1) in subsection (a)— tional rapid response plan for killing, remov- response plan, effective and immediate kill- (A) by striking ‘‘and’’ at the end of para- ing, or minimizing the spread of aquatic nui- ing, containing, and removal of the aquatic graph (3); sance species in the waters of the United nuisance species in the waters of the United (B) by striking the period at the end of States in accordance with this section. States. paragraph (4) and inserting ‘‘; and’’; and ‘‘(b) CONTENTS.—The national rapid re- ‘‘(B) DISCRETIONARY AUTHORITY.—In car- (C) by adding at the end the following: sponse plan shall provide for efficient, co- rying out this paragraph, the President ‘‘(5) with respect to Annex VI to the Con- ordinated, and effective action to minimize may— vention, and other than with respect to a damage from aquatic nuisance species in the ‘‘(i) kill, contain, and remove an aquatic ship referred to in paragraph (1)— navigable waters of the United States, in- nuisance species, at any time; and ‘‘(A) to a ship that is in a port, shipyard, cluding killing, containing, and removal of ‘‘(ii) direct or monitor all Federal, State, offshore terminal, or the internal waters of the aquatic nuisance species, and shall in- and private actions to kill, contain, and re- the United States; clude the following: move the aquatic nuisance species. ‘‘(B) to a ship that is bound for, or depart- ‘‘(1) Assignment of duties and responsibil- ‘‘(2) ACTIONS IN ACCORDANCE WITH NATIONAL ing from, a port, shipyard, offshore terminal, ities among Federal departments and agen- RAPID RESPONSE PLAN.—Each Federal agency, or the internal waters of the United States, cies in coordination with State and local State, owner or operator, or other person and is in— agencies and port authorities and private en- participating in efforts under this subsection ‘‘(i) the navigable waters of the United tities. shall act in accordance with the national States;

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00043 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.001 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6926 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 April 24, 2008 ‘‘(ii) an emission control area designated tively, shall have the following duties and (2) in subsection (b) by inserting ‘‘or the pursuant to section 4; or authorities: Administrator’’ after ‘‘Secretary’’; ‘‘(iii) any other area that the Adminis- ‘‘(1) The Administrator shall, and no other (3) in subsection (e) by striking paragraph trator, in consultation with the Secretary person may, issue Engine International Air (2) and inserting the following: and each State in which any part of the area Pollution Prevention certificates in accord- ‘‘(2) The Secretary may deny the entry of is located, has designated by order as being ance with Annex VI and the International a ship to a port or terminal required by the an area from which emissions from ships are Maritime Organization’s Technical Code on MARPOL Protocol, this Act, or regulations of concern with respect to protection of pub- Control of Emissions of Nitrogen Oxides prescribed under this section relating to the lic health, welfare, or the environment; from Marine Diesel Engines, on behalf of the provision of adequate reception facilities for ‘‘(C) to a ship that is entitled to fly the United States for a vessel of the United garbage, ozone depleting substances, equip- flag of, or operating under the authority of, States as that term is defined in section 116 ment containing those substances, or ex- a party to Annex VI, and is in— of title 46, United States Code. The issuance haust gas cleaning residues, if the port or ‘‘(i) the navigable waters of the United of Engine International Air Pollution Pre- terminal is not in compliance with the States; vention certificates shall be consistent with MARPOL Protocol, this Act, or those regula- ‘‘(ii) an emission control area designated any applicable requirements of the Clean Air tions.’’; under section 4; or Act or regulations prescribed under that Act. (4) in subsection (f)(1) by striking ‘‘Sec- ‘‘(iii) any other area that the Adminis- ‘‘(2) The Administrator shall have author- retary is’’ and inserting ‘‘Secretary and the trator, in consultation with the Secretary ity to administer regulations 12, 13, 14, 15, 16, Administrator are’’; and and each State in which any part of the area 17, 18, and 19 of Annex VI to the Convention. (5) in subsection (f)(2) by striking ‘‘(A)’’. is located, has designated by order as being ‘‘(3) The Administrator shall, only as speci- SEC. 608. INSPECTIONS. an area from which emissions from ships are fied in section 8(f), have authority to enforce Section 8(f) (33 U.S.C. 1907(f)) is amended to of concern with respect to protection of pub- Annex VI of the Convention.’’; read as follows: lic health, welfare, or the environment; and (2) in subsection (c), as redesignated, by re- ‘‘(f)(1) The Secretary may inspect a ship to ‘‘(D) to the extent consistent with inter- designating paragraph (2) as paragraph (4), which this Act applies as provided under sec- national law, to any other ship that is in— and inserting after paragraph (1) the fol- tion 3(a)(5), to verify whether the ship is in ‘‘(i) the exclusive economic zone of the lowing: compliance with Annex VI to the Convention United States; ‘‘(2) In addition to the authority the Sec- and this Act. ‘‘(ii) the navigable waters of the United retary has to prescribe regulations under ‘‘(2) If an inspection under this subsection States; this Act, the Administrator shall also pre- or any other information indicates that a ‘‘(iii) an emission control area designated scribe any necessary or desired regulations violation has occurred, the Secretary, or the under section 4; or to carry out the provisions of regulations 12, Administrator in a matter referred by the ‘‘(iv) any other area that the Adminis- 13, 14, 15, 16, 17, 18, and 19 of Annex VI to the Secretary, may undertake enforcement ac- trator, in consultation with the Secretary Convention. tion under this section. ‘‘(3) In prescribing any regulations under and each State in which any part of the area ‘‘(3) Notwithstanding subsection (b) and this section, the Secretary and the Adminis- is located, has designated by order as being paragraph (2) of this subsection, the Admin- trator shall consult with each other, and an area from which emissions from ships are istrator shall have all of the authorities of with respect to regulation 19, with the Sec- of concern with respect to protection of pub- retary of the Interior.’’; and the Secretary, as specified in subsection (b) lic health, welfare, or the environment.’’; (3) by adding at the end of subsection (c), of this section, for the purposes of enforcing (2) in subsection (b)— as redesignated, the following: regulations 17 and 18 of Annex VI to the Con- (A) in paragraph (1) by striking ‘‘paragraph ‘‘(5) No standard issued by any person or vention to the extent that shoreside viola- (2)’’ and inserting ‘‘paragraphs (2) and (3)’’; Federal authority, with respect to emissions tions are the subject of the action and in any and from tank vessels subject to regulation 15 of other matter referred to the Administrator (B) by adding at the end the following: Annex VI to the Convention, shall be effec- by the Secretary.’’. ‘‘(3) With respect to Annex VI the Adminis- tive until 6 months after the required notifi- SEC. 609. AMENDMENTS TO THE PROTOCOL. trator, or the Secretary, as relevant to their cation to the International Maritime Organi- Section 10(b) (33 U.S.C. 1909(b)) is amended authorities pursuant to this Act, may deter- zation by the Secretary.’’. by inserting ‘‘or the Administrator as pro- mine that some or all of the requirements SEC. 606. CERTIFICATES. vided for in this Act,’’ after ‘‘Secretary,’’. under this Act shall apply to one or more Section 5 (33 U.S.C. 1904) is amended— SEC. 610. PENALTIES. classes of public vessels, except that such a (1) in subsection (a) by striking ‘‘The Sec- determination by the Administrator shall Section 9 (33 U.S.C. 1908) is amended— retary’’ and inserting ‘‘Except as provided in (1) by striking ‘‘Protocol,,’’ each place it have no effect unless the head of the Depart- section 4(b)(1), the Secretary’’; ment or agency under which the vessels op- appears and inserting ‘‘Protocol,’’; (2) in subsection (b) by striking ‘‘Secretary (2) in subsection (b)— erate concurs in the determination. This under the authority of the MARPOL pro- paragraph does not apply during time of war (A) by inserting ‘‘, or the Administrator as tocol.’’ and inserting ‘‘Secretary or the Ad- provided for in this Act’’ after ‘‘Secretary’’ or during a declared national emergency.’’; ministrator under the authority of this (3) by redesignating subsections (c) the first place it appears; Act.’’; and (B) in paragraph (2), by inserting ‘‘, or the through (g) as subsections (d) through (h), (3) in subsection (e) by striking ‘‘environ- respectively, and inserting after subsection Administrator as provided for in this Act,’’ ment.’’ and inserting ‘‘environment or the after ‘‘Secretary’’; and (b) the following: public health and welfare.’’. ‘‘(c) APPLICATION TO OTHER PERSONS.—This (C) in the matter after paragraph (2)— SEC. 607. RECEPTION FACILITIES. Act shall apply to all persons to the extent (i) by inserting ‘‘, or the Administrator as Section 6 (33 U.S.C. 1905) is amended— necessary to ensure compliance with Annex provided for in this Act’’ after ‘‘Secretary’’ (1) in subsection (a) by adding at the end VI to the Convention.’’; and the first place it appears; and the following: (ii) by inserting ‘‘, or the Administrator as (4) in subsection (e), as redesignated— ‘‘(3) The Secretary and the Administrator, (A) by inserting ‘‘or the Administrator, provided for in this Act,’’ after ‘‘Secretary’’ after consulting with appropriate Federal the second and third places it appears; consistent with section 4 of this Act,’’ after agencies, shall jointly prescribe regulations ‘‘Secretary’’; (3) in subsection (c), by inserting ‘‘, or the setting criteria for determining the ade- Administrator as provided for in this Act,’’ (B) by striking ‘‘of section (3)’’ and insert- quacy of reception facilities for receiving ing ‘‘of this section’’; and after ‘‘Secretary’’ each place it appears; and ozone depleting substances, equipment con- (4) in subsection (f), by inserting ‘‘, or the (C) by striking ‘‘Protocol, including regu- taining such substances, and exhaust gas lations conforming to and giving effect to Administrator as provided for in this Act’’ cleaning residues at a port or terminal, and after ‘‘Secretary’’ the first place appears. the requirements of Annex V’’ and inserting stating any additional measures and require- ‘‘Protocol (or the applicable Annex), includ- ments as are appropriate to ensure such ade- SEC. 611. EFFECT ON OTHER LAWS. ing regulations conforming to and giving ef- quacy. Persons in charge of ports and termi- Section 15 (33 U.S.C. 1911) is amended to fect to the requirements of Annex V and nals shall provide reception facilities, or en- read as follows: Annex VI’’. sure that reception facilities are available, ‘‘SEC. 15. EFFECT ON OTHER LAWS. SEC. 605. ADMINISTRATION AND ENFORCEMENT. in accordance with those regulations. The ‘‘Authorities, requirements, and remedies Section 4 (33 U.S.C. 1903) is amended— Secretary and the Administrator may joint- of this Act supplement and neither amend (1) by redesignating subsections (b) and (c) ly prescribe regulations to certify, and may nor repeal any other authorities, require- as subsections (c) and (d), respectively, and issue certificates to the effect, that a port’s ments, or remedies conferred by any other inserting after subsection (a) the following: or terminal’s facilities for receiving ozone provision of law. Nothing in this Act shall ‘‘(b) DUTY OF THE ADMINISTRATOR.—In addi- depleting substances, equipment containing limit, deny, amend, modify, or repeal any tion to other duties specified in this Act, the such substances, and exhaust gas cleaning other authority, requirement, or remedy Administrator and the Secretary, respec- residues from ships are adequate.’’; available to the United States or any other

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00044 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.001 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 6927 person, except as expressly provided in this the House of Representatives, the Committee rorism and law enforcement response units Act.’’. on Commerce, Science, and Transportation that can apply advanced interdiction skills TITLE VII—PORT SECURITY of the Senate, and the Committee on Home- in response to threats of maritime terrorism. SEC. 701. MARITIME HOMELAND SECURITY PUB- land Security and Governmental Affairs of ‘‘(2) MINIMIZATION OF RESPONSE TIME.—The LIC AWARENESS PROGRAM. the Senate an assessment of the report’s maritime security response teams shall be The Secretary of Homeland Security shall findings and recommendations. stationed in such a way to minimize, to the establish a program to help prevent acts of SEC. 703. STUDY TO IDENTIFY REDUNDANT BACK- extent practicable, the response time to any terrorism and other activities that jeop- GROUND RECORDS CHECKS. reported maritime terrorist threat. ardize maritime homeland security, by seek- (a) STUDY.—The Comptroller General of ‘‘(d) COORDINATION WITH OTHER AGENCIES.— ing the cooperation of the commercial and the United States shall conduct a study com- To the maximum extent feasible, each mari- recreational boating industries and the pub- paring those background records checks re- time safety and security team and maritime lic to improve awareness of activity in the quired under section 70105 of title 46, United security response team shall coordinate its maritime domain and report suspicious or States Code, and those conducted by States activities with other Federal, State, and unusual activity. for similar homeland security purposes. local law enforcement and emergency re- SEC. 702. TRANSPORTATION WORKER IDENTI- (b) REPORT.—Not later than 6 months after sponse agencies.’’. FICATION CREDENTIAL. the date of enactment of this Act, the Comp- SEC. 706. COAST GUARD DETECTION CANINE (a) ASSESSMENT OF TWIC PROGRAM IMPLE- troller General of the United States shall TEAM PROGRAM EXPANSION. submit a report to the Committee on Home- MENTATION.— (a) DEFINITIONS.—For purposes of this sec- (1) IN GENERAL.—Not later than 120 days land Security of the House of Representa- tion: tives, the Committee on Transportation and after implementing the Transportation (1) CANINE DETECTION TEAM.—The term ‘‘de- Worker Identification Credential program Infrastructure of the House of Representa- tection canine team’’ means a canine and a (in this section referred to as ‘‘TWIC’’) at the tives, the Committee on Commerce, Science, canine handler that are trained to detect ten ports designated top priority by the Sec- and Transportation of the Senate, and the narcotics or explosives, or other threats as retary of Homeland Security, as required by Committee on Homeland Security and Gov- defined by the Secretary. ernmental Affairs of the Senate on the re- section 70105(i)(2)(A) of title 46, United (2) SECRETARY.—The term ‘‘Secretary’’ States Code, the Secretary shall submit to sults of the study, including— means the Secretary of Homeland Security. the Committee on Homeland Security of the (1) an identification of redundancies and (b) DETECTION CANINE TEAMS.— House of Representatives, the Committee on inefficiencies in connection with such checks (1) INCREASED CAPACITY.—Not later than referred to in subsection (a); and Commerce, Science, and Transportation of 240 days after the date of enactment of this (2) recommendations for eliminating such the Senate, and the Committee on Homeland Act, the Secretary shall— redundancies and inefficiencies. Security and Governmental Affairs of the (A) begin to increase the number of detec- Senate and to the Comptroller General of the SEC. 704. REVIEW OF INTERAGENCY OPER- tion canine teams certified by the Coast ATIONAL CENTERS. United States a report containing an assess- Guard for the purposes of maritime-related (a) IN GENERAL.—Within 180 days of enact- ment of the progress of the program’s imple- security by no fewer than 10 canine teams ment of this Act, the Department of Home- mentation. The report shall include— annually through fiscal year 2012; and land Security Inspector General shall pro- (A) the number of workers enrolled in the (B) encourage owners and operators of port vide a report to the Committee on Homeland program to date and the extent to which key facilities, passenger cruise liners, oceangoing Security of the House of Representatives and metrics and contract requirements have been cargo vessels, and other vessels identified by the Committees on Homeland Security and met; and the Secretary to strengthen security Governmental Affairs and Commerce, (B) an overview of the challenges encoun- through the use of highly trained detection Science, and Transportation of the Senate tered during implementation of the enroll- canine teams. ment process, and plans for how these chal- concerning the establishment of Interagency (2) CANINE PROCUREMENT.—The Secretary, Operational Centers for Port Security re- lenges will be addressed as the program is acting through the Commandant of the quired by section 108 of the SAFE Port Act implemented at additional ports. Coast Guard, shall— (Public Law 109–347). (2) GAO ASSESSMENT.—The Comptroller (A) procure detection canine teams as effi- (b) REPORT.—The report shall include— General shall review the report and submit ciently as possible, including, to the greatest (1) an examination of the Department’s ef- to the Committee on Homeland Security of extent possible, through increased domestic forts to establish the Interagency Oper- the House of Representatives, the Committee breeding, while meeting the performance ational Centers; on Commerce, Science, and Transportation needs and criteria established by the Com- (2) a timeline for construction; of the Senate, and the Committee on Home- mandant; (3) a detailed breakdown, by center, as to land Security and Governmental Affairs of (B) support expansion and upgrading of ex- the incorporation of those representatives the Senate an assessment of the report’s isting canine training facilities operated by required by section 70107A(b)(3) of title 46, findings and recommendations. the department in which the Coast Guard is (b) ASSESSMENT OF TWIC PILOT.— United States Code; operating; and (1) IN GENERAL.—Not later than 120 days (4) an analysis of the hurdles faced by the (C) as appropriate, partner with other Fed- after completing the pilot program under Department in developing these centers; eral, State, or local agencies, nonprofit orga- section 70105(k)(1) of title 46, United States (5) information on the number of security nizations, universities, or the private sector Code, to test TWIC access control tech- clearances attained by State, local, and trib- to increase the breeding and training capac- nologies at port facilities and vessels nation- al officials participating in the program; and ity for Coast Guard canine detection teams. wide, the Secretary of Homeland Security (6) an examination of the relationship be- EPLOYMENT.—The Secretary shall shall submit to the Committee on Homeland tween the Interagency Operational Centers (c) D prioritize deployment of the additional ca- Security of the House of Representatives, and State, local and regional fusion centers nine teams to ports based on risk, consistent the Committee on Commerce, Science, and participating in the Department of Home- with the Security and Accountability For Transportation of the Senate, and the Com- land Security’s State, Local, and Regional Every Port Act of 2006 (Public Law 109–347). mittee on Homeland Security and Govern- Fusion Center Initiative under section 511 of mental Affairs of the Senate and to the the Implementing the Recommendations of (d) AUTHORIZATION.—There are authorized Comptroller General a report containing an the 9/11 Commission Act of 2007 (Public Law to be appropriated to the Secretary such assessment of the results of the pilot. The re- 110–53), with a particular emphasis on— sums as may be necessary to carry out this port shall include— (A) how the centers collaborate and coordi- section for fiscal years 2008 through 2012. (A) the findings of the pilot program with nate their efforts; and SEC. 707. COAST GUARD PORT ASSISTANCE PRO- respect to key technical and operational as- (B) the resources allocated by the Coast GRAM. pects of implementing TWIC technologies in Guard to both initiatives. Section 70110 of title 46, United States the maritime sector; SEC. 705. MARITIME SECURITY RESPONSE Code, is amended by adding at the end the (B) a comprehensive listing of the extent TEAMS. following: to which established metrics were achieved (a) IN GENERAL.—Section 70106 of title 46, ‘‘(f) COAST GUARD ASSISTANCE PROGRAM.— during the pilot program; and United States Code, is amended by striking ‘‘(1) IN GENERAL.—The Secretary may lend, (C) an analysis of the viability of those subsection (c) and inserting the following: lease, donate, or otherwise provide equip- technologies for use in the maritime envi- ‘‘(c) MARITIME SECURITY RESPONSE ment, and provide technical training and ronment, including any challenges to imple- TEAMS.— support, to the owner or operator of a for- menting those technologies and strategies ‘‘(1) IN GENERAL.—In addition to the mari- eign port or facility— for mitigating identified challenges. time safety and security teams, the Sec- ‘‘(A) to assist in bringing the port or facil- (2) GAO ASSESSMENT.—The Comptroller retary shall establish no less than two mari- ity into compliance with applicable Inter- General shall review the report and submit time security response teams to act as the national Ship and Port Facility Code stand- to the Committee on Homeland Security of Coast Guard’s rapidly deployable counterter- ards;

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00045 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.001 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6928 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 April 24, 2008 ‘‘(B) to assist the port or facility in meet- in the course of the voyage (or voyage seg- structure and the Committee on Homeland ing standards established under section ment) in which a U.S. person is involved, in Security of the House of Representatives and 70109A of this chapter; and conjunction with any advance notice of ar- the Committee on Commerce, Science, and ‘‘(C) to assist the port or facility in exceed- rival to a United States port required by Transportation of the Senate on the results ing the standards described in subparagraphs part 160 of title 33, Code of Federal Regula- of the study, including— (A) and (B). tions. (1) costs associated in requiring seasonal ‘‘(2) CONDITIONS.—The Secretary— (b) DEFINITIONS.—For the purposes of this employees to obtain TWIC cards on compa- ‘‘(A) shall provide such assistance based section: nies upon an assessment of the risks to the secu- (1) COVERED SECURITY INCIDENT.—The term (2) whether the Coast Guard and Transpor- rity of the United States and the inability of ‘‘covered security incident’’ means any tation Security Administration are proc- the owner or operator of the port or facility criminal act or omission that results in essing TWIC applications quickly enough for otherwise to bring the port or facility into death or bodily injury, all sexual assaults seasonal workers to obtain TWIC certifi- compliance with those standards and to and missing persons, or any other incident cation; maintain compliance with them; that poses a significant threat to the cruise (3) whether TWIC compliance costs or ‘‘(B) may not provide such assistance un- ship, any cruise ship passenger, any port fa- other factors have led to a reduction in serv- less the port or facility has been subjected to cility, or any person in or near the port. ice; a comprehensive port security assessment by (2) CRUISE SHIP.—The term ‘‘cruise ship’’ (3) the impact of TWIC on the recruiting the Coast Guard or a third party entity cer- means a vessel on an international voyage and hiring of seasonal and other temporary tified by the Secretary under section that embarks or disembarks passengers at a employees; and 70110A(b) to validate foreign port or facility port of United States jurisdiction to which (4) an assessment of possible alternatives compliance with International Ship and Port subpart C of part 160 of title 33, Code of Fed- to TWIC certification that may be used for Facility Code standards; and eral Regulations, applies and that provides seasonal employees including any security ‘‘(C) may only lend, lease, or otherwise overnight accommodations. vulnerabilities created by those alternatives. provide equipment that the Secretary has (3) U.S. PERSON.—The term ‘‘U.S. person’’ SEC. 714. COMPARATIVE RISK ASSESSMENT OF first determined is not required by the Coast means a citizen of the United States and an VESSEL-BASED AND FACILITY-BASED Guard for the performance of its missions.’’. alien lawfully admitted for permanent resi- LIQUEFIED NATURAL GAS REGASIFI- SEC. 708. MARITIME BIOMETRIC IDENTIFICA- dence (as defined in section 101(a)(20) of the CATION PROCESSES. TION. Immigration and Nationality Act (8 U.S.C. (a) IN GENERAL.—Within 90 days after the (a) IN GENERAL.—The Secretary of Home- 1101 (a)(20)). date of enactment of this Act, the Secretary land Security, acting through the Com- (4) UNITED STATES.—The term ‘‘United of Homeland Security, acting through the mandant of the Coast Guard, may conduct, States’’ means the 50 States, the District of Commandant of the Coast Guard, shall enter in the maritime environment, a pilot pro- Columbia, Puerto Rico, the Northern Mar- into an arrangement for the performance of gram for the mobile biometric identification iana Islands, the United States Virgin Is- an independent study to conduct a compara- of suspected individuals, including terror- lands, Guam, American Samoa, and any tive risk assessment examining the relative ists, to enhance border security and for other other territory or possession of the United safety and security risk associated with ves- purposes. States. sel-based and facility-based liquefied natural (b) REQUIREMENTS.—The Secretary shall (c) SAVINGS CLAUSE.—Nothing in this sec- gas regasification processes conducted with- ensure that the pilot program is coordinated tion shall be interpreted to discourage im- in 3 miles from land versus such processes with other biometric identification programs mediate notification to the Secretary of a conducted more than 3 miles from land. within the Department of Homeland Secu- covered security incident, nor shall this sec- (b) REPORT.—Not later than 1 year after rity and shall evaluate the costs and feasi- tion prohibit earlier notifications of covered the date of enactment of this Act, the Sec- bility of expanding the capability to all security incidents otherwise required by law retary Homeland Security, acting through Coast Guard cutters, stations and deployable or regulation. the Commandant, shall provide a report on maritime teams, and other appropriate De- SEC. 712. SAFETY AND SECURITY ASSISTANCE the findings and conclusions of the study re- partment of Homeland Security maritime FOR FOREIGN PORTS. quired by this section to the Committees on vessels and units. (a) IN GENERAL.—Section 70110(e)(1) of title Homeland Security, Transportation and In- (c) DEFINITION.—For purposes of this sec- 46, United States Code, is amended by strik- frastructure, and Energy and Commerce of tion, the term ‘‘biometric identification’’ ing the second sentence and inserting the the House of Representatives, and the Com- means use of fingerprint and digital photog- following: ‘‘The Secretary shall establish a mittees on Homeland Security and Govern- raphy images. strategic plan to utilize those assistance pro- mental Affairs and Commerce, Science, and (d) AUTHORIZATION OF APPROPRIATIONS.— grams to assist ports and facilities that are Transportation of the Senate. There are authorized such sums as appro- found by the Secretary under subsection (a) SEC. 715. PILOT PROGRAM FOR FINGERPRINTING priate to carry out this section. not to maintain effective antiterrorism OF MARITIME WORKERS. SEC. 709. REVIEW OF POTENTIAL THREATS. measures in the implementation of port se- (a) IN GENERAL.—Within 180 days after the Not later than 1 year after the date of en- curity antiterrorism measures.’’. date of enactment of this Act, the Secretary actment of this Act, the Secretary of Home- (b) CONFORMING AMENDMENTS.— of Homeland Security shall establish proce- land Security shall submit to the Committee (1) Section 70110 of title 46, United States dures providing for an individual who is re- on Homeland Security of the House of Rep- Code, is amended— quired to be fingerprinted for purposes of ob- resentatives and the Committee on Com- (A) by inserting ‘‘or facilities’’ after taining a transportation security card under merce, Science, and Transportation of the ‘‘ports’’ in the section heading; section 70105 of title 46, United States Code, Senate a report analyzing the threat, vulner- (B) by inserting ‘‘or facility’’ after ‘‘port’’ to be fingerprinted at any facility operated ability, and consequence of a terrorist at- each place it appears; and by or under contract with an agency of the tack on gasoline and chemical cargo ship- (C) by striking ‘‘PORTS’’ in the heading for Department of Homeland Security that fin- ments in port activity areas in the United subsection (e) and inserting ‘‘PORTS, FACILI- gerprints the public for the Department. States. TIES,’’. (b) EXPIRATION.—This section expires on SEC. 710. PORT SECURITY PILOT. (2) The chapter analysis for chapter 701 of December 31, 2012. The Secretary of Homeland Security shall title 46, United States Code, is amended by SEC. 716. TRANSPORTATION SECURITY CARDS ON establish a pilot program to test and deploy striking the item relating to section 70110 VESSELS. preventive radiological or nuclear detection and inserting the following: Section 70105(b)(2) of title 46, United States equipment on Coast Guard vessels and other ‘‘70110. Actions and assistance for foreign Code, is amended— locations in select port regions to enhance ports or facilities and United (1) in subparagraph (B), by inserting after border security and for other purposes. The States territories’’. ‘‘title’’ the following: ‘‘allowed unescorted pilot program shall leverage existing Federal SEC. 713. SEASONAL WORKERS. access to a secure area designated in a vessel grant funding to support this program and (a) STUDY.—The Comptroller General of security plan approved under section 70103 of the procurement of additional equipment. the United States shall conduct a study on this title’’; and SEC. 711. ADVANCE NOTICE OF PORT ARRIVAL OF the effects that the Transportation Worker (2) in subparagraph (D), by inserting after SIGNIFICANT OR FATAL INCIDENTS Identification Card (in this section referred ‘‘tank vessel’’ the following: ‘‘allowed INVOLVING U.S. PERSONS. to as ‘‘TWIC’’) required by section 70105 of unescorted access to a secure area des- (a) REQUIREMENT.—The Secretary of Home- title 46, United States Code, has on compa- ignated in a vessel security plan approved land Security shall require the owner or op- nies that employ seasonal employees. under section 70103 of this title’’. erator of a cruise ship that embarks or dis- (b) REPORT.—Not later than one year after SEC. 717. INTERNATIONAL LABOR STUDY. embarks passengers in a United States port the date of enactment of this Act, the Comp- The Comptroller General of the United to notify the Secretary of any covered secu- troller General shall submit a report to the States shall conduct a study of methods to rity incident that occurs on the cruise ship Committee on Transportation and Infra- conduct a background security investigation

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00046 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.001 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 6929 of an individual who possesses a biometric this Act under section 70103 of title 46, of assistance the Secretary considers appro- identification card that complies with Inter- United States Code, for a liquefied natural priate, with any systems integration func- national Labor Convention number 185 that gas terminal on or adjacent to the navigable tions, from any Federal agency with experi- are equivalent to the investigation con- waters of the United States, or to assist in ence in systems integration involving mari- ducted on individuals applying for a visa to the enforcement of any security zone estab- time vessels and aircraft. enter the United States. The Comptroller lished by the Coast Guard around a tanker (4) ASSISTANCE OF PRIVATE SECTOR ENTI- General shall submit a report on the study containing liquefied natural gas, may not be TIES.—In any case in which the Secretary is within 180 days after the date of enactment based upon the provision of security by a the systems integrator under the Deepwater of this Act to the Committee on Transpor- State or local government unless the State Program, the Secretary may, subject to the tation and Infrastructure and the Committee or local government has entered into a con- availability of appropriations, obtain by on Homeland Security of the House of Rep- tract, cooperative agreement, or other ar- grant, contract, or cooperative agreement resentatives and the Committee on Com- rangement with the terminal operator to any type of assistance the Secretary con- merce, Science, and Transportation of the provide such services and the Secretary of siders appropriate, with any systems inte- Senate. the department in which the Coast Guard is gration functions, from any private sector SEC. 718. MARITIME SECURITY ADVISORY COM- operating, acting through the Commandant entity with experience in systems integra- MITTEES. of the Coast Guard, ensures that the water- tion involving maritime vessels and aircraft. Section 70112 of title 46, United States borne patrols operated as part of that secu- (b) COMPETITION.— Code, is amended— rity arrangement by a State or local govern- (1) IN GENERAL.—Except as otherwise pro- (1) by amending subsection (b)(5) to read as ment have the training, resources, personnel, vided in this subsection, the Secretary shall follows: equipment, and experience necessary to use full and open competition for each class ‘‘(5)(A) The National Maritime Security deter to the maximum extent practicable a of asset acquisitions under the Deepwater Advisory Committee shall be composed of— transportation security incident (as that Program for which an outside contractor is ‘‘(i) at least 1 individual who represents term is defined in section 70101 of title 46, used, if the asset is procured directly by the the interests of the port authorities; United States Code). Coast Guard or by the Integrated Coast ‘‘(ii) at least 1 individual who represents (c) DETERMINATION REQUIRED FOR NEW LNG Guard System acting under a contract with the interests of the facilities owners or oper- TERMINALS.—The Secretary of the depart- the Coast Guard. ators; ment in which the Coast Guard is operating, (2) EXCEPTION.—The Secretary may use a ‘‘(iii) at least 1 individual who represents acting through the Commandant of the procurement method that is less than full the interests of the terminal owners or oper- Coast Guard, may not approve a facility se- and open competition to procure an asset ators; curity plan under section 70103 of title 46, under the Deepwater Program, if— (A) the Secretary determines that such ‘‘(iv) at least 1 individual who represents United States Code, for a new liquefied nat- method is in the best interests of the Federal the interests of the vessel owners or opera- ural gas terminal the construction of which Government; and tors; is begun after the date of enactment of this (B) by not later than 30 days before the ‘‘(v) at least 1 individual who represents Act unless the Secretary determines that the date of the award of a contract for the pro- the interests of the maritime labor organiza- Coast Guard has available to the sector in curement, the Secretary submits to the tions; which the terminal is located the resources Committee on Transportation and Infra- ‘‘(vi) at least 1 individual who represents it needs to carry out the navigation and structure and the Committee on Homeland the interests of the academic community; maritime security risk management meas- Security of the House of Representatives and ‘‘(vii) at least 1 individual who represents ures identified in the waterway suitability the Committee on Commerce, Science, and report prepared pursuant to the Ports and the interests of State or local governments; Transportation of the Senate a report ex- Waterways Safety Act. and plaining why such procurement is in the best ‘‘(viii) at least 1 individual who represents TITLE VIII—COAST GUARD INTEGRATED interests of the Federal Government. the interests of the maritime industry. DEEPWATER PROGRAM (3) LIMITATION ON APPLICATION.—Paragraph ‘‘(B) Each Area Maritime Security Advi- SEC. 801. SHORT TITLE. (1) shall not apply to a contract, sub- sory Committee shall be composed of indi- This title may be cited as the ‘‘Integrated contract, or task order that was issued be- viduals who represents the interests of the Deepwater Program Reform Act’’. fore the date of enactment of this Act, if port industry, terminal operators, port labor SEC. 802. IMPLEMENTATION OF COAST GUARD IN- there is no change in the quantity of assets organizations, and other users of the port TEGRATED DEEPWATER ACQUISI- or the specific type of assets procured. areas.’’; and TION PROGRAM. (c) REQUIRED CONTRACT TERMS.—The Sec- (2) in subsection (g)— (a) USE OF PRIVATE SECTOR ENTITY AS A retary shall include in each contract, sub- (A) in paragraph (1)(A), by striking ‘‘2008;’’ LEAD SYSTEMS INTEGRATOR.— contract, and task order issued under the and inserting ‘‘2010;’’; (1) IN GENERAL.—Except as otherwise pro- Deepwater Program after the date of enact- (B) by repealing paragraph (2); vided in this subsection, the Secretary may ment of this Act the following provisions, as (C) by striking ‘‘(1)’’; and not use a private sector entity as a lead sys- applicable: (D) by redesignating subparagraphs (A) and tems integrator for procurements under, or (1) TECHNICAL REVIEWS.—A requirement (B) as paragraphs (1) and (2). in support of, the Deepwater Program begin- that the Secretary shall conduct a technical SEC. 719. SEAMEN’S SHORESIDE ACCESS. ning on the earlier of October 1, 2011, or the review of all proposed designs, design Each facility security plan approved under date on which the Secretary certifies in writ- changes, and engineering changes, and a re- section 70103(c) of title 46, United States ing to the Committee on Transportation and quirement that the contractor must specifi- Code, shall provide a system for seamen as- Infrastructure and the Committee on Home- cally address all engineering concerns identi- signed to a vessel at that facility, pilots, and land Security of the House of Representa- fied in the technical reviews, before any representatives of seamen’s welfare and tives and the Committee on Commerce, funds may be obligated. labor organizations to board and depart the Science, and Transportation of the Senate (2) RESPONSIBILITY FOR TECHNICAL REQUIRE- vessel through the facility in a timely man- that the Coast Guard has available and can MENTS.—A requirement that the Secretary ner at no cost to the individual. retain sufficient contracting personnel and shall maintain the authority to establish, SEC. 720. WATERSIDE SECURITY AROUND LIQUE- expertise within the Coast Guard, through an approve, and maintain technical require- FIED NATURAL GAS TERMINALS AND arrangement with other Federal agencies, or ments. LIQUEFIED NATURAL GAS TANKERS. through contracts or other arrangements (3) COST ESTIMATE OF MAJOR CHANGES.—A (a) ENFORCEMENT OF SECURITY ZONES.— with private sector entities, to perform the requirement that an independent cost esti- Consistent with other provisions of law, any functions and responsibilities of the lead sys- mate must be prepared and approved by the security zone established by the Coast Guard tem integrator in an efficient and cost-effec- Secretary before the execution of any change around a tanker containing liquified natural tive manner. order costing more than 5 percent of the unit gas shall be enforced by the Coast Guard. If (2) COMPLETION OF EXISTING DELIVERY OR- cost approved in the Deepwater Program the Coast Guard must enforce multiple si- DERS AND TASK ORDERS.—The Secretary may baseline in effect as of May 2007. multaneous security zones, the Coast Guard use a private sector entity as a lead systems (4) PERFORMANCE MEASUREMENT.—A re- shall allocate resources so as to deter to the integrator to complete any delivery order or quirement that any measurement of con- maximum extent practicable a transpor- task order under the Deepwater Program tractor and subcontractor performance must tation security incident (as that term is de- that was issued to the lead systems inte- be based on the status of all work performed, fined in sectin 70101 of title 46, United States grator on or before the date of enactment of including the extent to which the work per- Code). this Act. formed met all cost, schedule, and mission (b) LIMITATION ON RELIANCE ON STATE AND (3) ASSISTANCE OF OTHER FEDERAL AGEN- performance requirements outlined in the LOCAL GOVERNMENT.—Any security arrange- CIES.—In any case in which the Secretary is Deepwater Program contract. ment approved as part of a facility security the systems integrator under the Deepwater (5) EARLY OPERATIONAL ASSESSMENT.—For plan approved after the date of enactment of Program, the Secretary may obtain any type the acquisition of any cutter class for which

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00047 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.001 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6930 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 April 24, 2008

an Early Operational Assessment has not (g) SUBMISSION OF ASSESSMENT RESULTS ‘‘(A) assessing the requirements estab- been developed— AND PLANS TO CONGRESS.—The Commandant lished for Coast Guard personnel regarding (A) a requirement that the Secretary of of the Coast Guard shall submit to the Com- knowledge and skill in acquisition resources the Department in which the Coast Guard is mittee on Transportation and Infrastructure management and the adequacy of such re- operating shall cause an Early Operational and the Committee on Homeland Security of quirements for facilitating the achievement Assessment to be conducted by the Depart- the House of Representatives and the Com- of the performance goals established for ac- ment of the Navy after the development of mittee on Commerce, Science, and Transpor- quisition management; the preliminary design of the cutter and be- tation of the Senate— ‘‘(B) in order to rectify any deficiency in fore the conduct of the critical design review (1) the results of each Early Operational meeting such requirements, developing of the cutter; and Assessment conducted pursuant to sub- strategies and specific plans for hiring, (B) a requirement that the Coast Guard section (c)(5)(A) and the plan approved by training, and professional development; and shall develop a plan to address the findings the Commandant pursuant to subsection ‘‘(C) reporting to the Commandant on the presented in the Early Operational Assess- (c)(5)(B) for addressing the findings of such progress made in improving acquisition man- ment. assessment, within 30 days after the Com- agement capability.’’. (6) TRANSIENT ELECTROMAGNETIC PULSE mandant approves the plan; and (b) CLERICAL AMENDMENT.—The table of EMANATION.—For the acquisition or upgrade (2) a report describing how the rec- sections at the beginning of such chapter is of air, surface, or shore assets for which com- ommendations of each Early Operational As- amended by adding at the end the following: pliance with transient electromagnetic pulse sessment conducted pursuant to subsection ‘‘56. Chief Acquisition Officer.’’. emanation (TEMPEST) is a requirement, a (c)(5)(A) on the first in class of a new cutter (c) SPECIAL RATE SUPPLEMENTS.— provision specifying that the standard for de- class have been addressed in the design on (1) REQUIREMENT TO ESTABLISH.—Not later termining such compliance shall be the air, which construction is to begin, within 30 than 1 year after the date of enactment of surface, or shore asset standard then used by days before initiation of construction. this Act and in accordance with part 9701.333 the Department of the Navy. SEC. 803. CHIEF ACQUISITION OFFICER. of title 5, Code of Federal Regulations, the (7) OFFSHORE PATROL CUTTER UNDERWAY RE- (a) IN GENERAL.—Chapter 3 of title 14, Commandant of the Coast Guard shall estab- QUIREMENT.—For any contract issued to ac- United States Code, is further amended by lish special rate supplements that provide quire an Offshore Patrol Cutter, provisions adding at the end the following: higher pay levels for employees necessary to specifying the service life, fatigue life, days ‘‘§ 56. Chief Acquisition Officer carry out the amendment made by this sec- underway in general Atlantic and North Pa- ‘‘(a) ESTABLISHMENT OF AGENCY CHIEF AC- tion. cific Sea conditions, maximum range, and QUISITION OFFICER.—The Commandant shall (2) SUBJECT TO APPROPRIATIONS.—The re- maximum speed the cutter shall be built to appoint or designate a career reserved em- quirement under paragraph (1) is subject to achieve. ployee as Chief Acquisition Officer for the the availability of appropriations. (8) INSPECTOR GENERAL ACCESS.—A require- Coast Guard, who shall— SEC. 804. TESTING AND CERTIFICATION. ment that the Department of Homeland Se- ‘‘(1) have acquisition management as that (a) IN GENERAL.—The Secretary shall— curity’s Office of the Inspector General shall official’s primary duty; and (1) cause each cutter, other than a Na- have access to all records maintained by all ‘‘(2) report directly to the Commandant to tional Security Cutter, acquired by the contractors working on the Deepwater Pro- advise and assist the Commandant to ensure Coast Guard and delivered after the date of gram, and shall have the right to privately that the mission of the Coast Guard is enactment of this Act to be classed by the interview any contractor personnel. achieved through the management of the American Bureau of Shipping, before accept- (d) LIFE CYCLE COST ESTIMATE.— Coast Guard’s acquisition activities. ance of delivery; (1) IN GENERAL.—The Secretary shall de- ‘‘(b) AUTHORITY AND FUNCTIONS OF THE (2) cause the design and construction of velop an authoritative life cycle cost esti- CHIEF ACQUISITION OFFICER.—The functions each National Security Cutter, other than mate for the Deepwater Program. of the Chief Acquisition Officer shall in- National Security Cutter 1 and 2, to be cer- (2) CONTENTS.—The life cycle cost estimate clude— tified by an independent third party with ex- shall include asset acquisition and logistics ‘‘(1) monitoring the performance of acqui- pertise in vessel design and construction cer- support decisions and planned operational sition activities and acquisition programs of tification to be able to meet a 185-underway- tempo and locations as of the date of enact- the Coast Guard, evaluating the performance day requirement under general Atlantic and ment of this Act. of those programs on the basis of applicable North Pacific sea conditions for a period of (3) SUBMITTAL.—The Secretary shall— performance measurements, and advising the at least 30 years; (A) submit the life cycle cost estimate to Commandant regarding the appropriate busi- (3) cause all electronics on all aircraft, sur- the Committee on Transportation and Infra- ness strategy to achieve the mission of the face, and shore assets that require TEM- structure and the Committee on Homeland Coast Guard; PEST certification and that are delivered Security of the House of Representatives and ‘‘(2) increasing the use of full and open after the date of enactment of this Act to be the Committee on Commerce, Science, and competition in the acquisition of property tested and certified in accordance with TEM- Transportation of the Senate within 4 and services by the Coast Guard by estab- PEST standards and communications secu- months after the date of enactment of this lishing policies, procedures, and practices rity (COMSEC) standards by an independent Act; and that ensure that the Coast Guard receives a third party that is authorized by the Federal (B) submit updates of the life cycle cost es- sufficient number of sealed bids or competi- Government to perform such testing and cer- timate to such Committees annually. tive proposals from responsible sources to tification; and (e) CONTRACT OFFICERS.—The Secretary fulfill the Government’s requirements (in- (4) cause all aircraft and aircraft engines shall assign a separate contract officer for cluding performance and delivery schedules) acquired by the Coast Guard and delivered each class of cutter and aircraft acquired or at the lowest cost or best value considering after the date of enactment of this Act to be rehabilitated under the Deepwater Program, the nature of the property or service pro- certified for airworthiness by an independent including the National Security Cutter, the cured; third party with expertise in aircraft and Offshore Patrol Cutter, the Fast Response ‘‘(3) ensuring the use of detailed perform- aircraft engine certification, before accept- Cutter A, the Fast Response Cutter B, mari- ance specifications in instances in which per- ance of delivery. time patrol aircraft, the aircraft HC–130J, formance-based contracting is used; (b) FIRST IN CLASS OF A MAJOR ASSET AC- the helicopter HH–65, the helicopter HH–60, ‘‘(4) making acquisition decisions con- QUISITION.—The Secretary shall cause the and the vertical unmanned aerial vehicle. sistent with all applicable laws and estab- first in class of a major asset acquisition of (f) TECHNOLOGY RISK REPORT.—The Sec- lishing clear lines of authority, account- a cutter or an aircraft to be subjected to an retary shall submit to the Committee on ability, and responsibility for acquisition de- assessment of operational capability con- Transportation and Infrastructure and the cisionmaking within the Coast Guard; ducted by the Secretary of the Navy. Committee on Homeland Security of the ‘‘(5) managing the direction of acquisition (c) FINAL ARBITER.—The Secretary shall be House of Representatives and the Committee policy for the Coast Guard, including imple- the final arbiter of all technical disputes re- on Commerce, Science, and Transportation mentation of the unique acquisition policies, garding designs and acquisitions of vessels of the Senate a report identifying the tech- regulations, and standards of the Coast and aircraft for the Coast Guard. nology risks and level of maturity for major Guard; SEC. 805. NATIONAL SECURITY CUTTERS. technologies used on each class of asset ac- ‘‘(6) developing and maintaining an acqui- (a) NATIONAL SECURITY CUTTERS 1 AND 2.— quisitions under the Deepwater Program, in- sition career management program in the (1) REPORT ON OPTIONS UNDER CONSIDER- cluding the Fast Response Cutter A (FRC–A), Coast Guard to ensure that there is an ade- ATION.—The Secretary shall submit to the the Fast Response Cutter B (FRC–B), the Off- quate professional workforce; and Committee on Transportation and Infra- shore Patrol Cutter (OPC), and the Vertical ‘‘(7) as part of the strategic planning and structure and the Committee on Homeland Unmanned Aerial Vehicle (VUAV), not later performance evaluation process required Security of the House of Representatives and than 90 days before the date of award of a under section 306 of title 5 and sections the Committee on Commerce, Science, and contract for such an acquisition. 1105(a)(28), 1115, 1116, and 9703 of title 31— Transportation of the Senate—

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00048 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.001 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 6931 (A) within 120 days after the date of enact- meet the operational needs of the Coast (8) Within 90 days after the date of enact- ment of this Act, a report describing in de- Guard, including— ment of this Act, articulation of a doctrine tail the cost increases that have been experi- (A) how many days per year each National and description of an anticipated implemen- enced on National Security Cutters 1 and 2 Security Cutter will be underway at sea; tation of a plan for management of acquisi- since the date of the issuance of the task or- (B) where each National Security Cutter tions programs, financial management (in- ders for construction of those cutters and ex- will be home ported; cluding earned value management and cost plaining the causes of these cost increases; (C) the amount of funding that will be re- estimating), engineering and logistics man- and quired to establish home port operations for agement, and contract management, that in- (B) within 180 days after the date of enact- each National Security Cutter; cludes— ment of this Act, a report on the options (D) the extent to which 8 National Secu- (A) a description of how the Coast Guard that the Coast Guard is considering to rity Cutters deployed without vertical un- will cultivate among uniformed personnel strengthen the hulls of National Security manned aerial vehicles (VUAV) will meet or expertise in acquisitions management and fi- Cutter 1 and National Security Cutter 2, in- exceed the mission capability (including sur- nancial management; cluding— veillance capacity) of the 12 Hamilton-class (B) a description of the processes that will (i) the costs of each of the options under high endurance cutters that the National Se- be followed to draft and ensure technical re- consideration; curity Cutters will replace; view of procurement packages, including (ii) a schedule for when the hull strength- (E) the business case in support of con- statements of work, for any class of assets ening repairs are anticipated to be per- structing National Security Cutters 3 acquired by the Coast Guard; formed; and through 8, including a cost-benefit analysis; (C) a description of how the Coast Guard (iii) the impact that the weight likely to and will conduct an independent cost estimating be added to each the cutter by each option (F) an analysis of how many Offshore Pa- process, including independently developing will have on the cutter’s ability to meet both trol Cutters would be required to provide the cost estimates for major change orders; and the original performance requirements in- patrol coverage provided by a National Secu- (D) a description of how Coast Guard will cluded in the Deepwater Program contract rity Cutter. strengthen the management of change or- and the performance requirements created (2) Within 4 months after the date of enact- ders. by contract Amendment Modification 00042 ment of this Act, a report on— (9) Within 4 months after the date of enact- dated February 7, 2007. (A) the impact that deployment of a Na- ment of this Act, a report on the develop- (2) DESIGN ASSESSMENT.—Not later than 30 tional Security Cutter and other cutter as- ment of a new acquisitions office within the days before the Coast Guard signs any con- sets without the vertical unmanned aerial Coast Guard describing the specific staffing tract, delivery order, or task order to vehicle (VUAV) will have on the amount of structure for that directorate, including— strengthen the hull of either of National Se- patrol coverage that will be able to be pro- (A) identification of all managerial posi- curity Cutter 1 or 2 to resolve the structural vided during missions conducted by the Na- tions proposed as part of the office, the func- design and performance issues identified in tional Security Cutter and all other cutters tions that each managerial position will fill, the Department of Homeland Security In- planned to be equipped with a VUAV; and the number of employees each manager spector General’s report OIG–07–23 dated (B) how the coverage gap will be made up; will supervise; and January 2007, the Secretary shall submit to (C) an update on the current status of the (B) a formal organizational chart and iden- the Committee on Transportation and Infra- development of the VUAV; and tification of when managerial positions are structure and the Committee on Homeland (D) the timeline detailing the major mile- to be filled. Security of the House of Representatives and stones to be achieved during development of (10) Ninety days prior to the issuance of a the Committee on Commerce, Science, and the VUAV and identifying the delivery date Request for Proposals for construction of an Transportation of the Senate all results of for the first and last VUAV. Offshore Patrol Cutter, a report detailing the an assessment of the proposed hull strength- (3) Within 30 days after the elevation to service life, fatigue life, maximum range, ening design conducted by the Naval Surface flag-level for resolution of any design or maximum speed, and number of days under- Warfare Center, Carderock Division, includ- other dispute regarding the Deepwater Pro- way under general Atlantic and North Pa- ing a description in detail of the extent to gram contract or an item to be procured cific Sea conditions the cutter shall be built which the hull strengthening measures to be under that contract, including a detailed de- to achieve. implemented on those cutters will enable the scription of the issue and the rationale un- (11) The Secretary shall report annually on cutters to meet a 185-underway-day require- derlying the decision taken by the flag offi- the percentage of the total amount of funds ment under general Atlantic and North Pa- cer to resolve the issue. expended on procurements under the Deep- cific sea conditions for a period of at least 30 (4) Within 4 months after the date of enact- water Program that has been paid to each of years. ment of this Act, a report detailing the total small businesses and minority-owned busi- (b) NATIONAL SECURITY CUTTERS 3 THROUGH number of change orders that have been cre- nesses. 8.—Not later than 30 days before the Coast ated by the Coast Guard under the Deep- (12) Within 120 days after the date of enact- Guard signs any contract, delivery order, or water Program before the date of enactment ment of this Act, a report on any Coast task order authorizing construction of Na- of this Act, the total cost of these change or- Guard mission performance gap due to the tional Security Cutters 3 through 8, the Sec- ders, and their impact on the Deepwater Pro- removal of Deepwater Program assets from retary shall submit to the Committee on gram schedule. service. The report shall include the fol- Transportation and Infrastructure and the (5) Within 180 days after the date of enact- lowing: Committee on Homeland Security of the ment of this Act, a report detailing the tech- (A) A description of the mission perform- House of Representatives and the Committee nology risks and level of maturity for major ance gap detailing the geographic regions on Commerce, Science, and Transportation technologies used on maritime patrol air- and Coast Guard capabilities affected. of the Senate all results of an assessment of craft, the HC–130J, and the National Secu- (B) An analysis of factors affecting the the proposed designs to resolve the struc- rity Cutter. mission performance gap that are unrelated tural design, safety, and performance issues (6) Not less than 60 days before signing a to the Deepwater Program, including deploy- identified by the Department of Homeland contract to acquire any vessel or aircraft, a ment of Coast Guard assets overseas and Security Office of Inspector General report report comparing the cost of purchasing that continuous vessel shortages. OIG–07–23 for the hulls of those cutters con- vessel or aircraft directly from the manufac- (C) A description of measures being taken ducted by the Naval Surface Warfare Center, turer or shipyard with the cost of procuring in the near term to fill the mission perform- Carderock Division, including a description it through the Integrated Coast Guard Sys- ance gap, including what those measures are in detail of the extent to which such designs tem. and when they will be implemented. will enable the cutters to meet a 185-under- (7) Within 30 days after the Program Exec- (D) A description of measures being taken way-day requirement under general Atlantic utive Officer of the Deepwater Program be- in the long term to fill the mission perform- and North Pacific sea conditions. comes aware of a likely cost overrun exceed- ance gap, including what those measures are SEC. 806. MISCELLANEOUS REPORTS. ing 5 percent of the overall asset acquisition and when they will be implemented. (a) IN GENERAL.—The Secretary shall sub- contract cost or schedule delay exceeding 5 (E) A description of the potential alter- mit the following reports to the Committee percent of the estimated asset construction natives to fill the mission performance gap, on Transportation and Infrastructure and period under the Deepwater Program, a re- including any acquisition or lease considered the Committee on Homeland Security of the port by the Commandant containing a de- and the reasons they were not pursued. House of Representatives and the Committee scription of the cost overrun or delay, an ex- (b) REPORT REQUIRED ON ACCEPTANCE OF on Commerce, Science, and Transportation planation of the overrun or delay, a descrip- DELIVERY OF INCOMPLETE ASSET.— of the Senate: tion of Coast Guard’s response, and a de- (1) IN GENERAL.—If the Secretary accepts (1) Within 4 months after the date of enact- scription of significant delays in the pro- delivery of an asset after the date of enact- ment of this Act, a justification for why 8 curement schedule likely to be caused by the ment of this Act for which a contractually National Security Cutters are required to overrun or delay. required certification cannot be achieved

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00049 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.001 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6932 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 April 24, 2008 within 30 days after the date of delivery or of the Coast Guard shall report to the Com- academic year after the date of the enact- with any system that is not fully functional mittee on Transportation and Infrastructure ment of this title, the Commandant shall for the mission for which it was intended, and the Committee on Homeland Security of submit to the Committee on Transportation the Secretary shall submit to the Committee the House of Representatives and the Com- and Infrastructure and the Committee on on Transportation and Infrastructure and mittee on Commerce, Science, and Transpor- Homeland Security of the House of Rep- the Committee on Homeland Security of the tation of the Senate on the activities under- resentatives and the Committee on Com- House of Representatives and the Committee taken pursuant to such memorandum of un- merce of the Senate a report on the number on Commerce, Science, and Transportation derstanding or memorandum of agreement. of students in the College Student Pre-Com- of the United States Senate within 30 days SEC. 808. DEFINITIONS. missioning Initiative and the number of stu- after accepting delivery of the asset a report In this title: dents in the MSI Student Pre-Commis- explaining why acceptance of the asset in (1) DEEPWATER PROGRAM.—The term ‘‘Deep- sioning Initiative Program, outreach efforts, such a condition is in the best interests of water Program’’ means the Integrated Deep- and demographic information of enrollees in- the United States Government. water Systems Program described by the cluding, age, gender, race, and disability. (2) CONTENTS.—The report shall— Coast Guard in its report to Congress enti- (d) ESTABLISHMENT OF MSI AVIATION OFFI- (A) specify the systems that are not able to tled ‘‘Revised Deepwater Implementation CER CORPS INITIATIVE.—The Commandant of achieve contractually required certifications Plan 2005’’, dated March 25, 2005. The Deep- the Coast Guard shall establish an MSI Avia- within 30 days after the date of delivery and water Program primarily involves the pro- tion Officer Corps Initiative to increase the the systems that are not fully functional at curement of cutter and aviation assets that diversity of the Coast Guard Aviation Officer the time of delivery for the missions for operate more than 50 miles offshore. Corps through an integrated recruiting, ac- which they were intended; (2) SECRETARY.—The term ‘‘Secretary’’ cession, training, and assignment process (B) identify milestones for the completion means the Secretary of the department in that offers guaranteed flight school opportu- of required certifications and to make all which the Coast Guard is operating. nities to students from minority serving in- systems fully functional; and TITLE IX—MINORITY SERVING stitutions. (C) identify when the milestones will be INSTITUTIONS completed, who will complete them, and the (e) AUTHORIZATION OF APPROPRIATIONS.— cost to complete them. SEC. 901. MSI MANAGEMENT INTERNSHIP PRO- There are authorized to be appropriated GRAM. SEC. 807. USE OF THE NAVAL SEA SYSTEMS COM- $3,000,000 to the Commandant to carry out MAND, THE NAVAL AIR SYSTEMS (a) ESTABLISHMENT AND PURPOSE.—The this section. COMMAND, AND THE SPACE AND Commandant of the Coast Guard shall estab- NAVAL WARFARE SYSTEMS COM- lish a two part management internship pro- SEC. 903. COAST GUARD-MSI COOPERATIVE TECHNOLOGY PROGRAM. MAND TO ASSIST THE COAST GUARD gram for students at minority serving insti- IN EXERCISING TECHNICAL AU- tutions (MSI) to intern at Coast Guard head- (a) ESTABLISHMENT.—The Commandant of THORITY FOR THE DEEPWATER quarters or a Coast Guard regional office, to the Coast Guard shall establish a Coast PROGRAM AND OTHER COAST GUARD ACQUISITION PROGRAMS. be known as the ‘‘MSI Management Intern- Guard Laboratory of Excellence-MSI Cooper- ship Program’’, to develop a cadre of civil- ative Technology Program at three minority (a) FINDINGS.—Congress finds that the Coast Guard’s use of the technical, contrac- ian, career mid-level and senior managers for serving institutions to focus on priority se- tual, and program management oversight ex- the Coast Guard. curity areas for the Coast Guard, such as pertise of the Department of the Navy in (b) OPERATION.—The MSI Management In- global maritime surveillance, resilience, and ship and aircraft production complements ternship Program shall be managed by the recovery. Secretary of Homeland Security, acting and augments the Coast Guard’s organic ex- (b) COLLABORATION.—The Commandant pertise as it procures assets for the Deep- through the Commandant of the Coast shall encourage collaboration among the mi- water Program. Guard, in coordination with National Asso- nority serving institutions selected under ciation for Equal Opportunity in Higher Edu- (b) INTER-SERVICE TECHNICAL ASSIST- subsection (a) and institutions of higher edu- cation, the Hispanic Association of Colleges ANCE.—The Secretary may enter into a cation with institutional research and aca- memorandum of understanding or a memo- and Universities, and the American Indian demic program resources and experience. randum of agreement with the Secretary of Higher Education Consortium. (c) CRITERIA FOR SELECTION.—Participation (c) PARTNERSHIPS.—The heads of the lab- the Navy to provide for the use of the Navy oratories established at the minority serving Systems Commands to assist the Coast in the MSI Management Internship Program shall be open to sophomores, juniors, and institutions pursuant to subsection (a) may Guard with the oversight of Coast Guard seek to establish partnerships with the pri- major acquisition programs. Such memo- seniors at minority serving institutions, with an emphasis on such students who are vate sector, especially small, disadvantaged randum of understanding or memorandum of businesses, to— agreement shall, at a minimum provide for— majoring in management or business admin- istration, international affairs, political (1) develop increased research and develop- (1) the exchange of technical assistance ment capacity; and support that the Coast Guard Chief En- science, marine sciences, criminal justice, or any other major related to homeland secu- (2) increase the number of baccalaureate gineer and the Coast Guard Chief Informa- and graduate degree holders in science, tech- tion Officer, as Coast Guard Technical Au- rity. (d) AUTHORIZATION OF APPROPRIATIONS.— nology, engineering, mathematics (STEM), thorities, may identify; and information technology or other fields (2) the use, as appropriate, of Navy tech- There are authorized to be appropriated $2,000,000 to the Commandant to carry out critical to the mission of the Coast Guard; nical expertise; and and (3) the temporary assignment or exchange this section. SEC. 902. MSI INITIATIVES. (3) strengthen instructional ability among of personnel between the Coast Guard and faculty. the Navy Systems Commands to facilitate (a) ESTABLISHMENT OF MSI STUDENT PRE- the development of organic capabilities in COMMISSIONING INITIATIVE.—The Com- (d) AUTHORIZATION OF APPROPRIATIONS.— the Coast Guard. mandant of the Coast Guard shall establish There are authorized to be appropriated (c) TECHNICAL AUTHORITIES.—The Coast an MSI component of the College Student $2,500,000 to the Commandant to carry out Guard Chief Engineer, Chief Information Of- Pre-Commissioning Initiative (to be known this section, including for instrumentation ficer, and Chief Acquisition Officer shall as the ‘‘MSI Student Pre-Commissioning Ini- acquisition and funding undergraduate stu- adopt, to the extent practicable, procedures tiative Program’’) to ensure greater partici- dent scholarships, graduate fellowships, and that are similar to those used by the Navy pation by students from MSIs in the College faculty-post doctoral study. Senior Acquisition Official to ensure the Student Pre-Commissioning Initiative. SEC. 904. DEFINITION. Coast Guard Technical Authorities, or des- (b) PARTICIPATION IN OFFICER CANDIDATE ignated Technical Warrant Holders, approve SCHOOL.—The Commandant of the Coast For purposes of this title, the terms ‘‘mi- all technical requirements. Guard shall ensure that graduates of the MSI nority serving institution’’, ‘‘minority serv- (d) COORDINATION.—The Secretary, acting Student Pre-Commissioning Initiative Pro- ing institutions’’, and ‘‘MSI’’ mean a histori- through the Commandant of the Coast gram are included in the first enrollment for cally Black college or university (as defined Guard, may coordinate with the Secretary of Officer Candidate School that commences in section 322 of the Higher Education Act of the Navy, acting through the Chief of Naval after the date of enactment of this title and 1965), a Hispanic-serving institution (as de- Operations, to develop processes by which each enrollment period thereafter. fined in section 502 of such Act), a Tribal the assistance will be requested from the (c) REPORTS.—Not later than 90 days after College or University (as defined in section Navy Systems Commands and provided to the conclusion of each academic year with 316 of such Act), a Predominantly Black in- the Coast Guard. respect to which the College Student Pre- stitution (as defined in section 499A(c) of (e) REPORT.—Not later than 120 days after Commissioning Initiative and the MSI Stu- such Act), or a Native American-serving non- the date of enactment of this Act and every dent Pre-Commissioning Initiative Program tribal institution (as defined in section twelve months thereafter, the Commandant is carried out beginning with the first full 499A(c) of such Act).

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00050 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.001 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 6933 TITLE X—APPEALS TO NATIONAL may appeal that decision within 30 days to SEC. 1002. AUTHORITIES OF NATIONAL TRANS- TRANSPORTATION SAFETY BOARD the National Transportation Safety Board. PORTATION SAFETY BOARD. (a) REVIEW OF OTHER AGENCY ACTION.—Sec- SEC. 1001. RIGHTS OF APPEAL REGARDING LI- The Board shall affirm or reverse the order CENSES, CERTIFICATES OF REG- after providing notice and an opportunity for tion 1133 of title 49, United States Code, is ISTRY, AND MERCHANT MARINERS’ a hearing on the record. In conducting the amended by striking paragraph (3) and in- DOCUMENTS. hearing under this section, the Board is not serting the following: (a) DENIAL OF ISSUANCE OR RENEWAL.— bound by findings of fact of the Secretary ‘‘(3) the denial, amendment, modification, (1) LICENSES AND CERTIFICATES OF REG- but is bound by all validly adopted interpre- suspension, or revocation of a license, cer- ISTRY.—Section 7101 of title 46, United States tations of laws and regulations the Secretary tificate, document, or register in a pro- Code, is amended by adding at the end the carries out and of written agency policy ceeding under section 7101, 7302, 7503, or 9303, following new subsection: guidance available to the public related to or chapter 77, of title 46; and’’. ‘‘(j) APPEALS TO THE NATIONAL TRANSPOR- sanctions to be imposed under this section, (b) JUDICIAL REVIEW.— TATION SAFETY BOARD.— unless the Board finds an interpretation is (1) IN GENERAL.—Section 1153 of title 49, ‘‘(1) IN GENERAL.—An individual whose ap- arbitrary, capricious, or otherwise not ac- United States Code, is amended— plication for the issuance or renewal of a li- cording to law. (A) in the heading for subsection (b) by in- cense or certificate of registry has been de- ‘‘(b) EFFECTIVENESS OF ORDER PENDING AP- serting ‘‘and maritime’’ after ‘‘aviation’’; nied under this chapter by the Secretary PEAL.— and may appeal that decision to the National ‘‘(1) IN GENERAL.—Except as provided in (B) by adding at the end the following new Transportation Safety Board, unless the in- paragraph (2), upon the filing by an indi- subsection: dividual holds a license or certificate that— vidual of an appeal with the Board under this ‘‘(d) SECRETARY SEEKING JUDICIAL REVIEW ‘‘(A) is suspended at the time of the denial; subsection, the order of the Secretary sus- OF MARITIME MATTERS.—If the Secretary of or pending or revoking the license, certificate the department in which the Coast Guard is ‘‘(B) was revoked within the one-year pe- of registry, or merchant mariners’ document operating decides that an order of the Board riod ending on the date of the denial. is stayed. under chapter 77 of title 46 will have a sig- ‘‘(2) PROCEDURE.—The Board shall conduct ‘‘(2) EXCEPTION.—If the Secretary notifies nificant impact on carrying out this chapter a hearing on the appeal. The Board is not the Board that the Secretary has determined with respect to a maritime matter, the Sec- bound by findings of fact of the Secretary there exists an emergency affecting safety in retary may obtain judicial review of the but is bound by all validly adopted interpre- maritime transportation requires the imme- order. Findings of fact of the Board are con- tations of laws and regulations the Secretary diate effectiveness of the order— clusive in those proceedings if supported by carries out unless the Board finds an inter- ‘‘(A) the order shall remain in effect pend- substantial evidence.’’. pretation is arbitrary, capricious, or other- ing disposition of the appeal; (c) EFFECTIVE DATE.—This section shall wise not according to law. At the end of the ‘‘(B) the Board shall make a final disposi- take effect on October 1, 2008. hearing, the Board shall decide whether the tion of the appeal not later than 60 days SEC. 1003. TRANSFER OF PENDING APPEALS TO individual meets the requirements for after the Secretary so notifies the Board; THE NATIONAL TRANSPORTATION SAFETY BOARD. issuance or renewal of the license or certifi- and (a) ADMINISTRATION OF PENDING DOCKET.— cate of registry under applicable regulations ‘‘(C) if the Board does not act within such 60-day period, the order shall continue in ef- (1) TRANSFER OF PENDING CASES.—On Octo- and standards. The Secretary is bound by the ber 1, 2008, any pending cases remaining un- Board’s decision.’’. fect unless modified by the Secretary. ‘‘(c) REVIEW OF EMERGENCY ORDER.—A per- decided by the Coast Guard Office of Admin- (2) MERCHANT MARINERS’ DOCUMENTS.—Sec- istrative Law Judges shall be transferred to tion 7302 of title 46, United States Code, is son affected by the immediate effectiveness of the Secretary’s order under subsection the National Transportation Safety Board amended by adding at the end the following for adjudication. Such cases shall be new subsection: (b)(2) may petition for a review by the Board under procedures promulgated by the Board sequenced into the docket of the National ‘‘(h) APPEALS TO THE NATIONAL TRANSPOR- of the Secretary’s determination that an Transportation Safety Board Office of Ad- TATION SAFETY BOARD.— emergency exists. Such petition shall be ministrative Law Judges in the same order ‘‘(1) IN GENERAL.—An individual whose ap- filed with the Board not later than 48 hours as the dates of filing with the Coast Guard. plication for the issuance or renewal of a after the order is received by the person. If (2) DETAIL OF ADMINISTRATIVE LAW merchant mariners’ document has been de- the Board finds that an emergency does not JUDGES.—The Secretary of the department in nied under this chapter by the Secretary exist that requires the immediate applica- which the Coast Guard is operating shall, if may appeal that decision to the National tion of the order in the interest of safety in requested by the Chairman of the National Transportation Safety Board, unless the in- maritime transportation, the order shall be Transportation Safety Board, make avail- dividual holds a merchant mariners’ docu- stayed, notwithstanding subsection (b). The able to the Board via temporary detail not to ment that— Board shall dispose of a petition under this exceed 180 days, and thereafter at the discre- ‘‘(A) is suspended at the time of the denial; subsection not later than 5 days after the tion of the Secretary, Administrative Law or date on which the petition is filed. Judges currently employed by the Coast ‘‘(B) was revoked within the one-year pe- ‘‘(d) JUDICIAL REVIEW.—An individual who Guard sufficient to address the docket of riod ending on the date of denial. is substantially affected by an order of the maritime enforcement cases transferred by ‘‘(2) PROCEDURE.—The Board shall conduct Board under this section, or the Secretary if this subsection to the National Transpor- a hearing on the appeal. The Board is not the Secretary decides that an order of the tation Safety Board and those subsequently bound by findings of fact of the Secretary Board will have a significant adverse effect filed with the National Transportation Safe- but is bound by all validly adopted interpre- on carrying out this part, may obtain judi- ty Board. tations of laws and regulations the Secretary cial review of the order. The Secretary shall (3) ADMINISTRATIVE ASSISTANCE.—The Sec- carries out unless the Board finds an inter- be made a party to the judicial review pro- retary of the department in which the Coast pretation is arbitrary, capricious, or other- ceedings. In those proceedings, findings of Guard is operating shall, if requested by the wise not according to law. At the end of the fact of the Board are conclusive if supported Chairman of the National Transportation hearing, the Board shall decide whether the by substantial evidence. Safety Board, make available assistance individual meets the requirements for ‘‘§ 7708. Limitations on the Coast Guard’s con- from the administrative offices of the Coast issuance or renewal of the document under duct of administrative proceedings Guard Office of the Administrative Law applicable regulations and standards. The ‘‘The Coast Guard shall not conduct any Judges sufficient administrative personnel Secretary is bound by the Board’s decision.’’. administrative proceeding under section and other resources adequate to effect an or- (b) SUSPENSION AND REVOCATION.—Chapter 7101, 7302, 7503, chapter 77, or section 9303 of derly transfer of pending cases to the Na- 77 of title 46, United States Code, is amend- this title under any contractual relationship ed— tional Transportation Safety Board. or interagency agreement with the National (b) TRANSFER OF FUNDS.—For each of fiscal (1) in section 7702— Transportation Safety Board after October 1, years 2009 and 2010, 80 percent of all funding (A) by striking subsection (b); and 2009.’’; and appropriated for the Coast Guard’s Office of (B) by redesignating subsections (c) and (d) (3) in the analysis at the beginning of the Administrative Law Judges shall be trans- as subsections (b) and (c), respectively; chapter by adding at the end the following ferred as an interagency transfer to the Na- (2) by adding at the end the following new new items: tional Transportation Safety Board and used sections: ‘‘Sec. 7707. Appeals to the National Trans- for the Safety Board Office of Administra- ‘‘§ 7707. Appeals to the National Transpor- portation Safety Board. tive Law Judges. tation Safety Board ‘‘Sec. 7708. Limitations on the Coast Guard’s (c) MARITIME ENFORCEMENT APPEALS AC- ‘‘(a) IN GENERAL.—An individual whose li- conduct of administrative pro- TIVITY.— cense, certificate of registry, or merchant ceedings.’’. (1) IN GENERAL.—The National Transpor- mariners’ document has been suspended or (c) EFFECTIVE DATE.—This section shall tation Safety Board may establish within revoked under this chapter by the Secretary take effect on October 1, 2008. the National Transportation Safety Board

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00051 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.001 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6934 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 April 24, 2008 Office of Administrative Law Judges a mari- United States Code, is further amended by ‘‘(3) Marine casualty investigators shall time enforcement appeals activity, to oper- adding at the end the following new section: have the training, experience, and qualifica- ate in concert or parallel with the aviation ‘‘§ 100. Marine safety tions in investigation, accident reconstruc- enforcement appeals activity currently ex- ‘‘To protect life, property, and the environ- tion, human factors, and documentation isting, sufficient to handle maritime enforce- ment on, under, and over waters subject to equivalent to that required for a marine cas- ment appeals under title 46, United States the jurisdiction of the United States and on ualty investigator of the National Transpor- Code, as amended by this title. vessels subject to the jurisdiction of the tation Safety Board. (2) FILLING OF ADMINISTRATIVE LAW JUDGE United States, the Commandant shall pro- ‘‘(4) The Chief of Marine Safety of a sector POSITIONS.—Any Administrative Law Judge mote maritime safety as follows: shall be a qualified marine casualty investi- position established by the National Trans- ‘‘(1) By taking actions necessary and in the gator and marine inspector qualified to in- portation Safety Board to address the cases public interest to protect such life, property, spect vessels, vessel systems, and equipment and responsibilities transferred under this and the environment. commonly found in the sector. section shall be filled through the estab- ‘‘(2) Based on the following priorities: ‘‘(5) Each individual signing a letter of lished Administrative Law Judge hiring ‘‘(A) Preventing marine casualties and qualification for marine safety personnel process. threats to the environment. must hold a letter of qualification for the (3) LIMITATION ON EFFECT.—This section ‘‘(B) Minimizing the impacts of marine type they are signing. shall not be construed— casualties and environmental threats. ‘‘(6) The Assistant Commandant for Marine (A) to transfer from the Coast Guard any ‘‘(C) Maximizing lives and property saved Safety shall be a qualified marine casualty personnel, offices, or equipment funded and environment protected in the event of a investigator and a marine inspector qualified under this provision; or marine casualty.’’. for types of vessels, vessel systems, and (B) to authorize requiring any person to (b) CLERICAL AMENDMENT.—The analysis at equipment. transfer from the Coast Guard to the Na- the beginning of such chapter is amended by ‘‘§ 58. Limited duty officers tional Transportation Safety Board. adding at the end the following new item: ‘‘(a) ESTABLISHMENT.—The Commandant (4) EXEMPTION FROM REGULATIONS RELATING ‘‘100. Marine safety.’’. shall establish in the Coast Guard a limited TO REDUCTIONS IN FORCE.—Any redesignation duty officer program for marine safety. of agency responsibilities under this title is SEC. 1102. MARINE SAFETY STAFF. (a) IN GENERAL.—Chapter 3 of title 14, ‘‘(b) OFFICER ELIGIBILITY.—(1) Only com- exempt from subpart C of part 351 of title 5, United States Code, is further amended by missioned officers in the Coast Guard with Code of Federal Regulations, and does not adding at the end the following new section: grade not above commander and chief war- constitute a transfer of function (as that rant officers who have more than four years term is defined in section 351.203 of that ‘‘§ 57. Marine safety staff of marine safety experience may serve as title) for purposes of that subpart. ‘‘(a) ASSISTANT COMMANDANT FOR MARINE limited duty officers under such program. SEC. 1004. RULEMAKING REQUIREMENTS. SAFETY.—(1) There shall be in the Coast Guard an Assistant Commandant for Marine ‘‘(2) The Commandant may establish other (a) INTERIM FINAL RULE.—The National limitations on eligibility that the Com- Transportation Safety Board shall issue an Safety who shall be a Rear Admiral or civil- ian from the Senior Executive Service (ca- mandant believes are necessary for the good interim final rule as a temporary regulation of the marine safety program. implementing this title (including the reer reserved) selected by the Secretary. ‘‘(2) The Assistant Commandant for Marine ‘‘(3) Notwithstanding section 41a and chap- amendments made by this title) as soon as ter 11 of this title, the Commandant shall, by practicable after the date of enactment of Safety shall serve as the principal advisor to regulation, establish procedures pertaining this Act, without regard to chapter 5 of title the Commandant regarding marine safety, to— 5, United States Code. All regulations pre- and carry out the duties and powers dele- ‘‘(A) the promotion of commissioned offi- scribed under the authority of this sub- gated and imposed by the Secretary under cers and chief warrant officers who serve as section that are not earlier superseded by section 631(b). final regulations shall expire not later than ‘‘(b) CHIEF OF MARINE SAFETY.—(1) There limited duty officers, including the mainte- 1 year after the date of enactment of this shall be in each Coast Guard sector a Chief of nance of a separate promotion list for com- Act. Marine Safety who— missioned officers who serve as limited duty (b) INITIATION OF RULEMAKING.—The Board ‘‘(A) shall be at least a Commander or ci- officers; may initiate a rulemaking to implement this vilian at level GS–14; and ‘‘(B) the discharge, retirement, and revoca- title (including the amendments made by ‘‘(B) shall be colocated with the Coast tion of commissions of such officers; and this title) as soon as practicable after the Guard officer in command of that sector. ‘‘(C) the separation for cause of such offi- date of enactment of this Act. The final rule ‘‘(2) The chief of marine safety for a sec- cers. issued pursuant to that rulemaking may su- tor— ‘‘(4) The Commandant shall ensure that persede the interim final rule issued under ‘‘(A) is responsible for all individuals who, the procedures promulgated under paragraph this section. on behalf of the Coast Guard, inspect or ex- (3)(A) encourage a specialization in marine SEC. 1005. ADMINISTRATIVE LAW JUDGE RE- amine vessels, conduct marine casualty in- safety and do not, in any way, inhibit or CRUITING PROGRAM. vestigations, or perform other marine safety prejudice the orderly promotion or advance- (a) IN GENERAL.—Within 60 days after the responsibilities defined in section 631(b) in ment of commissioned officers and chief war- date of enactment of this Act, the Secretary the sector; and rant officers who serve as limited duty offi- of the department in which the Coast Guard ‘‘(B) if not the Coast Guard officer in com- cers. is operating shall establish a program to re- mand of that sector, is the principle advisor ‘‘(5) The Commandant shall, by regulation, cruit qualified individuals from appropriate to that officers regarding marine safety mat- prescribe a step increase in the pay system sources in an effort to achieve a workforce ters in that sector. for limited duty officers in the marine safety drawn from all segments of society in the ‘‘(c) QUALIFICATIONS.—(1) The Assistant program. Coast Guard’s Administrative Law Judge Commandant for Marine Safety and the ‘‘(c) RECRUITMENT.—(1) The Commandant program. This program shall include— Chiefs of Marine Safety of sectors, and all shall, by regulation, establish procedures (1) improved outreach efforts to include or- marine safety inspectors, investigators, ex- pertaining to the recruitment of graduates ganizations outside the Federal Government aminers, and other professional staff as- from the United States Merchant Marine in order to increase the number of minority signed to the marine safety program of the Academy and the State maritime colleges candidates in the selection pool for Adminis- Coast Guard, shall be appointed on the basis and individuals holding licenses issued under trative Law Judges from which the Coast of their— chapter 71 of title 46 to serve as limited duty Guard selects their judges; and ‘‘(A) knowledge, skill, and practical experi- officers. (2) recruitment of minority candidates for ence in— ‘‘(2) Not later than the date of the submis- Coast Guard Administrative Law Judges ‘‘(i) the construction and operation of com- sion of the President’s budget request under from other Federal agencies. mercial vessels; and section 1105 of title 31 for each fiscal year, (b) REPORT.—The Secretary shall provide a ‘‘(ii) judging the character, strength, sta- the Commandant shall submit to the Com- report to the Committee on Transportation bility, and safety qualities of such vessels mittee on Transportation and Infrastructure and Infrastructure of the House of Rep- and their equipment; and of the House of Representatives and the resentatives and the Committee on Com- ‘‘(B) knowledge about the qualifications Committee on Commerce, Science, and merce, Science, and Transportation of the and training of vessel personnel. Transportation of the Senate a report on the Senate by October 1 of each year detailing ‘‘(2) Marine inspectors shall have the train- Coast Guard’s efforts to recruit graduates the activities of the Coast Guard to comply ing, experience, and qualifications equiva- from the United States Merchant Marine with the requirements of this section. lent to that required for a surveyor of a simi- Academy and the State maritime colleges TITLE XI—MARINE SAFETY lar position of a classification society recog- and individuals holding licenses issued under SEC. 1101. MARINE SAFETY. nized by the Secretary under section 3316 of chapter 71 of title 46 to serve as limited duty (a) ESTABLISH MARINE SAFETY AS A COAST title 46 for the type of vessel, system, or officers. The report shall include informa- GUARD FUNCTION.—Chapter 5 of title 14, equipment that is inspected. tion on the number of graduates recruited,

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00052 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.001 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 6935 the lengths of service, the retention rates, signment is an effective use of the Coast ‘‘(A) the funds and staff resources needed and other activities undertaken by the Coast Guard’s funds, taking into account the best to accomplish each activity included in the Guard to sustain or increase the numbers of interests of the Coast Guard and the costs strategy and plans; and recruits and officers. and benefits of alternative methods of ‘‘(B) the staff skills and training needed for ‘‘§ 59. Center for Expertise for Marine Safety achieving the same results and objectives. timely and effective accomplishment of each ‘‘(b) ANNUAL REPORT.—Not later than the goal. ‘‘(a) ESTABLISHMENT.—The Commandant of date of the submission each year of the ‘‘(c) SUBMISSION WITH THE PRESIDENT’S the Coast Guard may establish and operate a President’s budget request under section 1105 BUDGET.—Beginning with fiscal year 2010 and one or more Centers for Expertise for Marine of title 31, the Commandant shall submit to each fiscal year thereafter, the Secretary Safety (in this section referred to as a ‘Cen- the Committee on Transportation and Infra- shall submit to Congress the strategy and ter’). structure of the House of Representatives annual plan at the same time as the Presi- ‘‘(b) MISSIONS.—The Centers shall— and the Committee on Commerce, Science, dent’s budget submission under section 1105 ‘‘(1) be used to provide and facilitate edu- and Transportation of the Senate a report of title 31. cation, training, and research in marine safe- that describes— ‘‘(d) ACHIEVEMENT OF GOALS.— ty including vessel inspection and casuality ‘‘(1) the number of officers, members, and ‘‘(1) PROGRESS ASSESSMENT.—No less fre- investigation; employees of the Coast Guard assigned to quently than semiannually, the Coast Guard ‘‘(2) develop a repository of information on private entities under this section; Commandant and the Assistant Com- marine safety; and ‘‘(2) the specific benefit that accrues to the mandant for Marine Safety shall jointly as- ‘‘(3) perform any other missions as the Coast Guard for each assignment.’’. sess the progress of the Coast Guard toward Commandant may specify. (b) CERTIFICATES OF INSPECTION.—Section achieving the goals set forth in subsection ‘‘(c) JOINT OPERATION WITH EDUCATIONAL 3309 of title 46, United States Code, is amend- (b). The Commandant and the Assistant INSTITUTION AUTHORIZED.—The Commandant ed by adding at the end the following: Commandant shall jointly convey their as- may enter into an agreement with an appro- ‘‘(d) A certificate of inspection issued sessment to the employees of the Assistant priate official of an institution of higher under this section shall be signed by the in- Commandant and shall identify any defi- education to— dividuals that inspected the vessel.’’. ciencies that should be remedied before the ‘‘(1) provide for joint operation of a Center; (c) CLERICAL AMENDMENT.—The table of next progress assessment. and sections at the beginning of such chapter is ‘‘(2) REPORT TO CONGRESS.—The Secretary ‘‘(2) provide necessary administrative serv- amended by adding at the end the following shall report annually to the Committee on ices for a Center, including administration new items: Transportation and Infrastructure of the and allocation of funds. ‘‘57. Marine safety staff. House of Representatives and the Committee ‘‘(d) ACCEPTANCE OF DONATIONS.—(1) Except ‘‘58. Limited duty officers. on Commerce, Science, and Transportation as provided in paragraph (2), the Com- ‘‘59. Center for Expertise for Marine Safety. of the Senate— mandant may accept, on behalf of a Center, ‘‘60. Marine industry training program.’’. ‘‘(A) on the performance of the marine donations to be used to defray the costs of SEC. 1103. MARINE SAFETY MISSION PRIORITIES safety program in achieving the goals of the the Center or to enhance the operation of the AND LONG TERM GOALS. marine safety strategy and annual plan Center. Those donations may be accepted (a) IN GENERAL.—Chapter 21 of title 46, under subsection (a) for the year covered by from any State or local government, any for- United States Code, is further amended by the report; eign government, any foundation or other adding after section 2116, as added by section ‘‘(B) on the program’s mission performance charitable organization (including any that 313 of this Act, the following new section: in achieving numerical measurable goals es- is organized or operates under the laws of a ‘‘§ 2117. Marine Safety Strategy, goals, and tablished under subsection (b); and foreign country), or any individual. performance assessments ‘‘(C) recommendations on how to improve ‘‘(2) The Commandant may not accept a ‘‘(a) LONG-TERM STRATEGY AND GOALS.—In performance of the program.’’. donation under paragraph (1) if the accept- conjunction with existing federally required (b) CLERICAL AMENDMENT.—The analysis ance of the donation would compromise or strategic planning efforts, the Secretary for such chapter is amended by adding at the appear to compromise— shall develop a long-term strategy for im- end the following new item: ‘‘(A) the ability of the Coast Guard or the proving vessel safety and the safety of indi- ‘‘2117. Marine Safety Strategy, goals, and department in which the Coast Guard is op- viduals on vessels. The strategy shall include performance assessments.’’. erating, any employee of the Coast Guard or the issuance each year of an annual plan and SEC. 1104. POWERS AND DUTIES. the department, or any member of the armed schedule for achieving the following goals: Section 631 of title 14, United States Code, forces to carry out any responsibility or ‘‘(1) Reducing the number and rates of ma- is amended— duty in a fair and objective manner; or rine casualties. (1) by inserting ‘‘(a)’’ before the first sen- ‘‘(B) the integrity of any program of the ‘‘(2) Improving the consistency and effec- tence; and Coast Guard, the department in which the tiveness of vessel and operator enforcement (2) by adding at the end the following new Coast Guard is operating, or of any person and compliance programs. subsection: involved in such a program. ‘‘(3) Identifying and targeting enforcement ‘‘(b) The Assistant Commandant for Ma- ‘‘(3) The Commandant shall prescribe writ- efforts at high-risk vessels and operators. rine Safety shall serve as the principle advi- ten guidance setting forth the criteria to be ‘‘(4) Improving research efforts to enhance sor to the Commandant regarding— used in determining whether or not the ac- and promote vessel and operator safety and ‘‘(1) the operation, regulation, inspection, ceptance of a donation from a foreign source performance. identification, manning, and measurement of would have a result described in paragraph ‘‘(b) CONTENTS OF STRATEGY AND ANNUAL vessels, including plan approval and the ap- (2). PLANS.— plication of load lines; ‘‘§ 60. Marine industry training program. ‘‘(1) MEASURABLE GOALS.—The strategy and ‘‘(2) approval of materials, equipment, ap- ‘‘(a) IN GENERAL.—The Commandant shall, annual plans shall include specific numeric pliances, and associated equipment; by policy, establish a program under which or measurable goals designed to achieve the ‘‘(3) the reporting and investigation of ma- an officer, member, or employee of the Coast goals set forth in subsection (a). The pur- rine casualties and accidents; Guard may be assigned to a private entity to poses of the numeric or measurable goals are ‘‘(4) the licensing, certification, docu- further the institutional interests of the the following: mentation, protection and relief of merchant Coast Guard with regard to marine safety, ‘‘(A) To increase the number of safety ex- seamen; including for the purpose of providing train- aminations on all high-risk vessels. ‘‘(5) suspension and revocation of licenses ing to an officer, member, or employee. Poli- ‘‘(B) To eliminate the backlog of marine and certificates; cies to carry out the program— safety-related rulemakings. ‘‘(6) enforcement of manning requirements, ‘‘(1) with regard to an employee of the ‘‘(C) To improve the quality and effective- citizenship requirements, control of log Coast Guard, shall include provisions, con- ness of marine safety information databases books; sistent with sections 3702 through 3704 of by ensuring that all Coast Guard personnel ‘‘(7) documentation and numbering of ves- title 5, as to matters concerning— accurately and effectively report all safety, sels; ‘‘(A) the duration and termination of as- casualty, and injury information. ‘‘(8) State boating safety programs; signments; ‘‘(D) To provide for a sufficient number of ‘‘(9) commercial instruments and maritime ‘‘(B) reimbursements; and Coast Guard marine safety personnel, and liens; ‘‘(C) status, entitlements, benefits, and ob- provide adequate facilities and equipment to ‘‘(10) the administration of bridge safety; ligations of program participants; and carry out the powers and duties delegated ‘‘(11) administration of the navigation ‘‘(2) shall require the Commandant, before and imposed by the Secretary under section rules; approving the assignment of an officer, 631(b). ‘‘(12) the prevention of pollution from ves- member, or employee of the Coast Guard to ‘‘(2) RESOURCE NEEDS.—The strategy and sels; a private entity, to determine that the as- annual plans shall include estimates of— ‘‘(13) ports and waterways safety;

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00053 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.002 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6936 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 April 24, 2008 ‘‘(14) waterways management; including inserting after section 337, as added by sec- (2) Procedures that a cadet should follow in regulation for regattas and marine parades; tion 1107 of this Act, the following new sec- the case of an occurrence of sexual harass- ‘‘(15) aids to navigation; and tion: ment or sexual violence, including— ‘‘(16) other duties and powers of the Sec- ‘‘§ 338. Apprentice program (A) if the cadet chooses to report an occur- rence of sexual harassment or sexual vio- retary related to marine safety and steward- ‘‘Any officer, member, or employee of the lence, a specification of the person or per- ship. Coast Guard in training to become a marine ‘‘(c) OTHER AUTHORITY NOT AFFECTED.— sons to whom the alleged offense should be inspector shall serve a minimum of one-year Nothing in subsection (b) affects— reported and the options for confidential re- apprenticeship, unless otherwise directed by ‘‘(1) the authority of Coast Guard officers porting; the Commandant of the Coast Guard, under and members to enforce marine safety regu- (B) a specification of any other person the guidance of a qualified inspector before lations using authority under section 89 of whom the victim should contact; and conducting unsupervised inspections of ves- this title; or (C) procedures on the preservation of evi- sels under part B of subtitle II of title 46. The ‘‘(2) the exercise of authority under section dence potentially necessary for proof of Commandant may authorize shorter appren- 91 of this title and the provisions of law codi- criminal sexual assault. tice periods for certain qualifications, as ap- fied at sections 191 through 195 of title 50 on (3) Procedures for disciplinary action in propriate.’’. the date of enactment of this paragraph.’’. cases of alleged criminal sexual assault in- (b) CLERICAL AMENDMENT.—The analysis volving a cadet or other Academy personnel. SEC. 1105. APPEALS AND WAIVERS. for such chapter is further amended by add- (a) IN GENERAL.—Chapter 5 of title 14, (4) Any other sanction authorized to be im- ing at the end the following new item: United States Code, is further amended by posed in a substantiated case of sexual har- inserting at the end the following new sec- ‘‘338. Apprentice program.’’. assment or sexual violence involving a cadet tion: SEC. 1109. REPORT REGARDING CIVILIAN MA- or other Academy personnel in rape, ac- RINE INSPECTORS. ‘‘§ 102. Appeals and waivers quaintance rape, or any other criminal sex- Not later than one year after the date of ual offense, whether forcible or nonforcible. ‘‘Except for the Commandant of the Coast enactment of this Act, the Commandant of (5) Required training on the policy for all Guard, any individual adjudicating an appeal the Coast Guard shall submit to the Com- cadets and other Academy personnel, includ- of a decision or granting a waiver regarding mittee on Transportation and Infrastructure ing the specific training required for per- marine safety, including inspection or man- of the House of Representatives and the sonnel who process allegations of sexual har- ning and threats to the environment, shall Committee on Commerce, Science, and assment or sexual violence involving Acad- be a qualified specialist with the training, Transportation of the Senate a report on emy personnel. experience and qualifications in marine safe- Coast Guard’s efforts to recruit and retain (c) ANNUAL ASSESSMENT.— ty to judge the facts and circumstances in- civilian marine inspectors and investigators (1) The Secretary, through the Com- volved in the appeal or waiver and make a and the impact of such recruitment and re- mandant of the Coast Guard, shall direct the judgment regarding the merits of the appeal tention efforts on Coast Guard organiza- Superintendent of the Coast Guard Academy or waiver. In the case of an appeal or waiver tional performance. to conduct an assessment during each Acad- involving an inspected vessel, vessel systems The CHAIRMAN. No amendment to emy program year to determine the effec- or equipment, the individual shall hold a let- tiveness of the Academy’s policies, training, ter of qualification to inspect the type of that amendment shall be in order ex- and procedures on sexual harassment and vessel, vessel systems or equipment involved cept those printed in part B of the re- sexual violence involving cadets and other in the appeal or waiver.’’. port. Each amendment may be offered Academy personnel. (b) CLERICAL AMENDMENT.—The analysis only in the order printed in the report, (2) For the assessment for each of the 2009, for such chapter is further amended by add- may be offered only by a Member des- 2010, 2011, 2012, and 2013 Academy program ing at the end the following new item: years, the Superintendent shall conduct a ‘‘102. Appeals and waivers.’’. ignated in the report, shall be consid- ered read, debatable for the time speci- survey of all Academy personnel— SEC. 1106. COAST GUARD ACADEMY. (A) to measure— (a) IN GENERAL.—Chapter 9 of title 14, fied in the report, equally divided and (i) the incidence, during that program United States Code, is amended by adding at controlled by the proponent and an op- year, of sexual harassment and sexual vio- the end the following new section: ponent, shall not be subject to amend- lence events, on or off the Academy reserva- ‘‘§ 199. Marine safety curriculum ment, and shall not be subject to a de- tion, that have been reported to officials of ‘‘The Commandant of the Coast Guard mand for division of the question. the Academy; and (ii) the incidence, in that program year, of shall ensure that professional courses of AMENDMENT NO. 1 OFFERED BY MR. OBERSTAR study in marine safety are provided at the sexual harassment and sexual violence The CHAIRMAN. It is now in order to events, on or off the Academy reservation, Coast Guard Academy, and during other offi- consider amendment No. 1 printed in cer accession programs, to give Coast Guard that have not been reported to officials of cadets and other officer candidates a back- House Report 110–604. the Academy; and ground and understanding of the marine Mr. OBERSTAR. Mr. Chairman, I rise (B) to assess the perceptions of Academy safety program. These courses may include in strong support of the manager’s personnel on— such topics as program history, vessel design amendment. (i) the policies, training, and procedures on and construction, vessel inspection, casualty The CHAIRMAN. The Clerk will des- sexual harassment and sexual violence in- investigation, and administrative law and ignate the amendment. volving Academy personnel; regulations.’’. (ii) the enforcement of such policies; The text of the amendment is as fol- (iii) the incidence of sexual harassment (b) CLERICAL AMENDMENT.—The analysis lows: for such chapter is further amended by add- and violence involving Academy personnel in ing at the end the following new item: Part B amendment No. 1 offered by Mr. such program year; and ‘‘199. Marine safety curriculum.’’. OBERSTAR: (iv) any other issues relating to sexual har- At the end of title II add the following: assment and violence involving Academy SEC. 1107. GEOGRAPHIC STABILITY. SEC. ll. POLICY ON SEXUAL HARASSMENT AND personnel. (a) IN GENERAL.—Chapter 11 of title 14, SEXUAL VIOLENCE AT THE COAST (d) ANNUAL REPORT.— United States Code, is further amended by GUARD ACADEMY. (1) The Commandant of the Coast Guard inserting after section 336 the following new (a) REQUIRED POLICY.—Under guidance pre- shall direct the Superintendent of the Coast section: scribed by the Secretary of the department Guard Academy to submit to the Com- ‘‘§ 337. Geographic stability in which the Coast Guard is operating, the mandant a report on sexual harassment and ‘‘The Commandant shall establish proce- Commandant of the Coast Guard shall direct sexual violence involving Academy personnel dures that provide geographic stability to in- the Superintendent of the Coast Guard Acad- for each of the 2009, 2010, 2011, 2012, and 2013 terested Coast Guard officers, employees, emy to prescribe a policy on sexual harass- Academy program years. and members assigned to the marine safety ment and sexual violence applicable to the (2) The annual report under paragraph (1) program carried out under section 100 who cadets and other personnel of the Academy. shall contain, for the Academy program year have a minimum of 10 years of service in the (b) MATTERS TO BE SPECIFIED IN POLICY.— covered by the report, the following matters: marine safety program.’’. The policy on sexual harassment and sexual (A) The number of sexual assaults, rapes, (b) CLERICAL AMENDMENT.—The analysis violence prescribed under this section shall and other sexual offenses involving Academy for such chapter is further amended by add- include specification of the following: personnel that have been reported to Acad- ing at the end the following new item: (1) Programs to promote awareness of the emy officials during the program year, and ‘‘337. Geographic stability.’’. incidence of rape, acquaintance rape, and the number of the reported cases that have SEC. 1108. APPRENTICE PROGRAM. other sexual offenses of a criminal nature been substantiated. (a) IN GENERAL.—Chapter 11 of title 14, that involve cadets or other Academy per- (B) The policies, procedures, and processes United States Code, is further amended by sonnel. implemented by the Commandant of the

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00054 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.002 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 6937 Coast Guard and the leadership of the Coast located in that country or operating under a study on the public health, safety, and en- Guard Academy in response to sexual harass- the authority of that country. vironmental concerns related to the under- ment and sexual violence involving Academy ‘‘(3) When an inspection or examination ground petroleum spill on the Brooklyn personnel during the program year. has been delegated under this subsection, the shoreline of Newtown Creek, New York City, (C) In the report for the 2009 Academy pro- Secretary’s delegate— New York, in Greenpoint, Brooklyn, New gram year, a discussion of the survey con- ‘‘(A) shall maintain in the United States York. ducted under subsection (b), together with complete files of all information derived (b) FULL-SITE CHARACTERIZATION AND COL- an analysis of the results of the survey and from or necessarily connected with the in- LECTION OF NEW FIELD EVIDENCE.—In car- a discussion of any initiatives undertaken on spection or examination for at least 2 years rying out the study under this section, the the basis of such results and analysis. after the United States offshore facility Administrator shall conduct a full-site char- (D) In the report for each of the subsequent ceases to be certified; and acterization of the underground petroleum Academy program years, the results of the ‘‘(B) shall permit access to those files at spill, including the investigation, collection, annual survey conducted in such program all reasonable times to any officer, em- and analysis of new and updated data and year under subsection (b). ployee, or member of the Coast Guard des- field evidence on the extent of the petroleum (E) A plan for the actions that are to be ignated— spill, including any portion of the spill that taken in the following Academy program ‘‘(i) as a marine inspector and serving in a has been diluted into surrounding waters, year regarding prevention of and response to position as a marine inspector; or and any surrounding soil contamination or sexual harassment and sexual violence in- ‘‘(ii) in writing by the Secretary to have soil vapor contamination. volving Academy personnel. access to those files. (c) REPORT.—Not later than one year after (3) The Commandant of the Coast Guard ‘‘(4) For purposes of this section— the date of enactment of this Act, the Ad- ‘‘(A) the term ‘offshore facility’ means any shall transmit the annual report on the ministrator shall submit a report containing installation, structure, or other device (in- Coast Guard Academy required under this the results of the study to the Committee on cluding any vessel not documented under subsection, together with the Commandant’s Environment and Public Works and the Com- chapter 121 of this title or the laws of an- comments on the report, to the Secretary mittee on Commerce, Science, and Transpor- other country) that is fixed or floating, dy- and the Board of Visitors of the Academy. tation of the Senate and the Committee on namically holds position or is temporarily or (4) The Secretary shall transmit the an- Transportation and Infrastructure of the permanently attached to the seabed or sub- nual report, together with the Secretary’s House of Representatives. soil under the sea, and is used for the pur- comments on the report, to the Committee (d) AUTHORIZATION OF APPROPRIATIONS.— pose of exploring for, developing, producing, on Transportation and Infrastructure of the There is authorized to be appropriated to or storing the resources from that seabed or carry out this section $5,000,000. House of Representatives and the Committee subsoil; and Page 158, beginning at line 16, strike ‘‘such on Commerce, Science, and Transportation ‘‘(B) the term ‘United States offshore facil- information to the Secretary’’ and insert ‘‘to of the Senate. ity’ means any offshore facility, fixed or the Secretary all the entries entered in the (5) The report for the 2009 Academy pro- floating, that dynamically holds position or gram year for the Academy shall be sub- is temporarily or permanently attached to ballast water record book during the pre- mitted to the Commandant of the Coast the seabed or subsoil under the territorial ceding month, and transmit such additional Guard not later than one year after the date sea of the United States or the outer Conti- information’’. of the enactment of this Act. nental Shelf (as that term is defined in sec- Page 172, after line 17, insert the following: (6) In this subsection, the term ‘‘Academy tion 2 of the Outer Continental Shelf Lands ‘‘The vessels to which this paragraph applies program year’’ with respect to a year, means Act (43 U.S.C. 1331)).’’. shall conduct ballast water treatment in ac- the Academy program year that ends in that At the end of title III add the following: cordance with subsection (f) when it applies. year. SEC. ll. REQUIREMENT FOR PILOTS TO CARRY The CHAIRMAN. Pursuant to House At the end of title II add the following: AND UTILIZE PORTABLE ELEC- Resolution 1126, the gentleman from SEC. ll. HOME PORT OF COAST GUARD VES- TRONIC NAVIGATIONAL DEVICE. Minnesota (Mr. OBERSTAR) and a Mem- SELS IN GUAM. The Ports and Waterways Safety Act (33 Section 96 of title 14, United States Code, U.S.C. 1221 et seq.) is amended by inserting ber opposed each will control 5 min- is amended— after section 4A the following: utes. (1) by striking ‘‘a State of the United ‘‘SEC. 4B. PORTABLE ELECTRONIC DEVICE FOR The Chair recognizes the gentleman States’’ and inserting ‘‘the United States or NAVIGATION PURPOSES. from Minnesota. Guam’’; and ‘‘(a) IN GENERAL.—The Commandant of the Mr. OBERSTAR. Mr. Chairman, I (2) by inserting ‘‘or Guam’’ after ‘‘outside Coast Guard may issue regulations that— yield myself 2 minutes. ‘‘(1) require that any pilot licensed under the United States’’. The manager’s amendment author- At the end of title III add the following: subtitle II of title 46, United States Code, while serving under the authority of that li- izes the Coast Guard to delegate to SEC. ll. DELEGATION OF AUTHORITY TO CLAS- classification societies the Coast SIFICATION SOCIETIES REGARDING cense as pilot on a covered vessel operating OFFSHORE FACILITIES. in waters designated in the regulation shall Guard’s authority for safety plan re- Section 3316 of title 46, United States Code, carry and utilize a portable electronic device view and construction inspections of is amended by adding at the end the fol- that is— offshore oil structures. It allows this lowing new subsection: ‘‘(A) equipped for navigational purposes; authority to be delegated to foreign and ‘‘(d)(1) The Secretary may delegate to the classification societies to the extent American Bureau of Shipping or another ‘‘(B) capable of being connected to an Automatic Identification System; and that the government of the country in classification society recognized by the Sec- which the classification society is retary as meeting acceptable standards for ‘‘(2) require such pilots to obtain training such a society, for a United States offshore in the use of such electronic devices, and pre- headquartered accepts documents pre- facility, the authority to— scribe requirements for such training after pared by our classification society, the ‘‘(A) review and approve plans required for consultation with State or local pilotage au- American Bureau of Shipping, on be- issuing a certificate of inspection or certifi- thorities on specific equipment and practices half of the leaseholder, and does not cate of compliance; and in the waters designated in the regulation. limit the ABS to this process. ETERMINATION OF NEED.—The Com- ‘‘(B) conduct inspections and examina- ‘‘(b) D mandant shall consult with State or local pi- I also want to thank several col- tions. lotage authorities for the waters covered by leagues for agreeing to have their ‘‘(2) The Secretary may make a delegation the regulations to determine if the carriage amendments incorporated into the under paragraph (1) to a foreign classifica- and use of such portable electronic devices tion society only if the foreign classification manager’s amendment to expedite con- would improve safe navigation under local sideration of the bill: The gentlewoman society has offices and maintains records in conditions and whether there is a need for from California (Mrs. TAUSCHER); the the United States and— mandatory carriage requirements. ‘‘(A) if the government of the foreign coun- ‘‘(c) COVERED VESSEL DEFINED.—In this gentlewoman from California (Ms. LO- try in which the society is headquartered section the term ‘covered vessel’ means a RETTA SANCHEZ); the gentleman from delegates that authority to the American self-propelled commercial vessel of 300 gross Wisconsin (Mr. KIND); the gentlewoman Bureau of Shipping; or tons or more that does not have an elec- from Guam (Ms. BORDALLO); and the ‘‘(B) to the extent the government of the tronic chart prescribed under section 4A.’’. gentleman from New York (Mr. foreign country accepts plan review, inspec- At the end of title IV add the following: WEINER). tions, or examinations conducted by the SEC. ll. NEWTOWN CREEK, NEW YORK CITY, American Bureau of Shipping and provides NEW YORK. The Tauscher amendment requires equivalent access to inspect, certify, and (a) STUDY.—The Administrator of the Envi- federally licensed pilots to use portable provide related services to offshore facilities ronmental Protection Agency shall conduct electronic devices with navigational

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00055 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.002 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6938 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 April 24, 2008 charts capable of being connected to an Mr. OBERSTAR. I thank the gen- other speakers and am prepared to Automatic Identification System. tleman for yielding. yield back whenever you are finished. The Sanchez amendment requires the Most certainly. I urged the gen- Mr. OBERSTAR. I yield the balance Superintendent of the Coast Guard to tleman at Rules in discussions to intro- of our time to the gentleman from prescribe a policy on sexual harass- duce a bill dealing with this authority Maryland, the Chair of the sub- ment and sexual violence. under the Clean Water Act so that we committee. The Kind amendment deals with would have a very strong authoritative Mr. CUMMINGS. I want to thank the monthly ballast water treatment re- base for the legislation, and that we chairman for yielding. ports to the Secretary, requiring them. will move quickly in committee to Mr. Chairman, I support the amend- In addition, the amendment provides move it through subcommittee, full ment that you have offered, and I that no-ballast-on-board vessels will be committee and to the House floor as thank you again for your leadership on required to conduct ballast water promptly as the House legislative the Coast Guard authorization and all treatment, when applicable. schedule will permit. of the transportation issues that our The Bordallo amendment requires Mr. LATOURETTE. Reclaiming my Nation faces. Coast Guard vessels homeported in time, I thank the chairman very much. The manager’s amendment includes Guam to be repaired at shipyards in I want to thank the chairman for not provisions offered by several of our col- the U.S., including Guam shipyards. only his work on the bill, the man- leagues that would make a number of The same requirement applies to all ager’s amendment, but also this issue. important improvements to H.R. 2830. other Coast Guard cutters homeported I look forward to working with him to Among other provisions, the manager’s elsewhere in the United States. solve this problem which is looming amendment would implement rec- The Weiner amendment requires the out there for these 16 million boaters ommendations recently made by the Environmental Protection Agency to that never thought they would need a Government Accountability Office to conduct a study on health, safety and discharge petition when they went require the Commandant of the Coast environmental concerns related to an walleye fishing on Lake Erie. Guard to prescribe a policy to combat underground petroleum spill on the Mr. Chairman, I reserve the balance sexual assault and sexual harassment Brooklyn, New York, shoreline. of my time. at the Coast Guard Academy. And I do All those amendments are incor- Mr. OBERSTAR. Mr. Chairman, I commend my colleague, Ms. SANCHEZ, porated into the manager’s amend- yield 1 minute to the gentlewoman for her hard work on this issue. As a ment. ORETTA member of the Naval Academy Board Mr. Chairman, I reserve the balance from California (Ms. L ANCHEZ of Visitors, this is an issue that I have of my time. S ). Mr. LATOURETTE. Mr. Chairman, I Ms. LORETTA SANCHEZ of Cali- worked on very hard, not only there, ask unanimous consent to control the fornia. Mr. Chairman, I thank the gen- but with regard to our Coast Guard time in opposition to the amendment, tleman for yielding, and I rise in sup- Academy. although I don’t oppose the amend- port of the manager’s amendment and The amendment would also allow the ment. the underlying bill. I want to thank Coast Guard to delegate some regu- The CHAIRMAN. Without objection, Chairman OBERSTAR for including the latory functions, including facility in- the gentleman from Ohio is recognized Sanchez amendment in his manager’s spections regarding offshore facilities, for 5 minutes. amendment. to classifications societies. There was no objection. My amendment will require the Further, the amendment would au- Mr. LATOURETTE. Mr. Chairman, I United States Coast Guard Academy to thorize the Coast Guard to issue regu- have asked for the time in opposition establish comprehensive policies, lations to require a pilot to carry on to the amendment for the purpose of training programs, surveys and reports board the vessel he or she is operating engaging the distinguished chairman of on sexual harassment and sexual vio- a computer equipped with electronic the Transportation and Infrastructure lence involving cadets or Academy per- charts of the navigation areas the ves- Committee in a colloquy relative to sonnel. sel will transit. I would strongly support this amend- the issue of recreational boating. b 1145 Mr. Chairman, as you know, during ment, and I thank the sponsors and the consideration of this measure be- Several years ago, I added a similar thank the chairman for sponsoring it. fore the Rules Committee, I offered amendment to the Department of De- Mr. LATOURETTE. Mr. Chairman, I several amendments related to dis- fense authorization bill to require the yield back the balance of my time. charges from recreational vessels. military academies under the Armed The CHAIRMAN. The question is on Those amendments were not made in Services Committee jurisdiction to es- the amendment offered by the gen- order under the rule. tablish the same types of policies, and tleman from Minnesota (Mr. OBER- I am still concerned about the impact I am pleased that this amendment will STAR). the proposed regulations may have on ensure that all of our military service The amendment was agreed to. more than 16 million recreational boat- academies are treated the same; that AMENDMENT NO. 2 OFFERED BY MR. ers in the United States. At the Rules they all have plans to prevent sexual LA TOURETTE Committee, you were more than gra- assault, and that we know the inci- The CHAIRMAN. It is now in order to cious in suggesting that we would work dents and allegations of sexual assault consider amendment No. 2 printed in together to develop legislation, hold and that we know how to handle them. House Report 110–604. hearings in the committee and move This amendment also requires the Mr. LATOURETTE. Mr. Chairman, I legislation quickly to the House on academies to conduct surveys to get have an amendment at the desk made this subject. feedback on sexual harassment and in order under the rule. I would ask the chairman, and in say- sexual violence in the workplace, and The CHAIRMAN. The Clerk will des- ing this I also want to give a tip of the this amendment will help to reduce the ignate the amendment. hat to CANDICE MILLER of Michigan, incidents of sexual assault and it will The text of the amendment is as fol- who has been a real champion on this make our academies safer environ- lows: issue as well, but I would ask the chair- ments. Part B amendment No. 2 offered by Mr. man if you would be willing to work I urge my colleagues to support the LATOURETTE: with us to bring legislation to the manager’s amendment. In section 720 (page 257, line 10), after ‘‘re- House floor and to get it prompt con- Mr. OBERSTAR. May I inquire sources’’ insert ‘‘, including State and local sideration, as this deadline is now ap- whether the gentleman has further government resources available in accord- proaching in September? speakers. ance with subsection (b),’’. I yield to the gentleman from Min- Mr. LATOURETTE. I would advise The CHAIRMAN. Pursuant to House nesota. the distinguished chairman, I have no Resolution 1126, the gentleman from

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00056 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.002 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 6939

Ohio (Mr. LATOURETTE) and a Member the full committee, subcommittee, and mined by the commandant to secure opposed each will control 5 minutes. the former Chair of the Coast Guard LNG operations. The Chair recognizes the gentleman Subcommittee, Mr. LOBIONDO. The Coast Guard will be able to de- from Ohio. Mr. LOBIONDO. I want to thank Mr. pend upon those State and local law Mr. LATOURETTE. Mr. Chairman, I LATOURETTE. enforcement resources that have the yield myself such time as I might con- Mr. OBERSTAR, let me thank you and proven training, resources, personnel, sume. Mr. CUMMINGS for your very thoughtful equipment, and experience necessary Mr. Chairman, I indicated during the approach to these critically important to combat a terrorist attack, to con- opening remarks general debate on this issues, and to Mr. MICA and Mr. duct waterborne patrols around LNG bill that this is an amendment which I LATOURETTE for your diligence in these facilities. cosponsored with Representative areas. I emphasize that the State and local BOUSTANY, and it would authorize the Mr. Chairman, I appreciate your con- law enforcement cannot and should not Coast Guard to consider qualified State sideration of this important issue, and be seen as replacements for the Coast and local security assets, personnel and Mr. LATOURETTE’s thoughtful approach Guard resources, as the Coast Guard is resources, made available to a liquefied to making sure that we do not have a our Nation’s maritime time security natural gas terminal when determining chilling effect on the future develop- agency. whether security resources are avail- ment of LNG in our country. It would Further, having the Coast Guard, our able to carry out necessary security effectively block the construction of a trained maritime security agency, de- measures. widely supported plant that is just fend our communities from the risk of This language carries out an agree- north of my district that could defi- a terrorist attack on an LNG terminal ment that was developed in a colloquy nitely help provide much needed relief in the neighborhood is not an unwar- with Chairman CUMMINGS during our for home heating costs. ranted and unnecessary subsidy. As our subcommittee’s and the full commit- The bill I believe would also have the Nation continues to approve new LNG tee’s consideration of the bill. potential to undermine our security by terminals, we must commit to ensuring Mr. Chairman, all of us want to en- not the allowing the Coast Guard to de- that all of the resources, particularly sure the highest levels of security at termine the personnel and assets nec- Coast Guard resources, necessary to se- LNG terminals and other at-risk as- essary to escort LNG shipments. This cure these facilities are in place. I fully sets. This amendment would do that by should be a decision by the Coast support the amendment. Mr. LATOURETTE. Mr. Chairman, I leveraging the collective resources of Guard. I believe they are best able to yield myself such time as I might con- Federal, State, local, and private sec- do this, and the LaTourette amend- sume to, one, thank the distinguished tor officials. I urge all members to sup- ment represents a very reasonable and chairmen of the subcommittee and the port this amendment. realistic compromise which will give full committee for working with us to I reserve the balance of my time. the Coast Guard the flexibility they massage this language and for accept- Mr. OBERSTAR. Mr. Chairman, I rise need to ensure the security of LNG ing our amendment. to claim time in opposition to the shipments as well as to deal with the It is now my pleasure to yield 1 amendment, though I don’t intend to other potential threats in our ports minute to the coauthor of the amend- oppose it. and waterways. I strongly urge all ment with me, who spoke during the The CHAIRMAN. Without objection, members to support the amendment. course of the general debate and who, the gentleman from Minnesota is rec- Mr. OBERSTAR. How much time re- when this issue was coming up, because ognized for 5 minutes. mains? of the importance of natural gas and There was no objection. The CHAIRMAN. The gentleman because of the importance of natural Mr. OBERSTAR. I indeed support the from Minnesota has 4 minutes remain- gas in the gulf coast, immediately amendment offered by the gentleman ing. The gentleman from Ohio has 3 came to me and said, can we continue from Ohio, who is our ranking member minutes remaining. to work on this as we bring it to the on the Coast Guard subcommittee, Mr. OBERSTAR. I yield such time as floor? And I again want to commend which he offers in conjunction with the he may consume to the distinguished Mr. BOUSTANY and his colleagues from distinguished gentleman from Lou- Chair of the subcommittee, the gen- the gulf coast for bringing this to our isiana (Mr. BOUSTANY), also a very good tleman from Maryland (Mr. CUMMINGS). attention. friend and colleague and committee Mr. CUMMINGS. Mr. Chairman, the Mr. BOUSTANY. Mr. Chairman, I member. amendment offered by Mr. LATOURETTE want to commend the chairman of the The amendment addresses section 720 and Mr. BOUSTANY, the ranking mem- full committee, Mr. OBERSTAR, and the of the substitute regarding waterside ber on the Coast Guard subcommittee, chairman of the subcommittee, Mr. security around LNG tankers and ter- would amend section 720, a section that CUMMINGS, for working with us on this minals. It provides that the Coast addresses waterside security around amendment. It truly was a bipartisan Guard may consider security assets LNG terminals and tankers, and I fully effort as we went through the process, and personnel provided by State and support it. and I think it does strengthen the bill local officials who are contracted for or Subsection C of that section requires overall. It is a good balanced approach. otherwise made available to an LNG that, before the Coast Guard can ap- It helps the Coast Guard, and I think it terminal operator in determining prove a facility’s security plan for a does meet security needs. I sincerely whether security resources are avail- new LNG terminal, the service must thank both of you gentlemen for work- able to carry out our waterside secu- determine that it has available to the ing with us and accepting this amend- rity measures. sector in which the terminal is to be ment. The Coast Guard has, as we have so located the resources it needs to carry I also want to thank my good friend, often discussed, limited resources to out the risk mitigation measures iden- Mr. LATOURETTE, the ranking member undertake its many missions. tified in the waterway suitability re- on the subcommittee, for working with Partnering with State and local offi- port for that terminal. This amend- me step by step through this process, cials or contracted waterside security ment would include State and local re- and I am deeply grateful for the work services will be in effect force multi- sources in the assessment, which is a that he has done on this. I think this pliers for the Coast Guard. So we sup- good thing. amendment will strengthen the bill. It port that initiative. With the adoption of this amendment provides for our security needs, and it I reserve the balance of my time. and with the measures already in- is a sensible approach. Mr. LATOURETTE. Mr. Chairman, at cluded in subsection C, section 720, we Mr. OBERSTAR. Mr. Chairman, I this time it is my pleasure to yield 1 will ensure that the Coast Guard’s re- yield myself 10 seconds. minute to the distinguished gentleman sources do not have to be diverted from Does the gentleman from Ohio have from New Jersey, a valuable member of other high-priority missions as deter- any further speakers?

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00057 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.002 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6940 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 April 24, 2008

Mr. LATOURETTE. I would advise been a victim of a violent crime on a be reported via the Web site and the that I am prepared to close if the gen- cruise ship. manner in which it will be presented, tleman is. As a result of continued cases of but I pledge to work with the amend- Mr. OBERSTAR. If the gentleman is crimes on the high seas, and with the ment’s sponsors as we move this bill to concluding, I will conclude on our side. leadership of Chairman CUMMINGS, this conference to facilitate those. Mr. LATOURETTE. It’s a good Congress has held two hearings on safe- Ms. MATSUI. Madam Chairman, I amendment. I hope we can all vote for ty on cruise ships. We learned that we yield 1 minute to the gentleman from it. must take action to inform people of Texas (Mr. POE). I yield back the balance of my time. exposure to risk while on cruise vaca- Mr. POE. Madam Chairman, I thank Mr. OBERSTAR. We accept the tions. Mr. Chairman, sometimes even the gentlelady from California for amendment on this side, and urge all cruise ships need sunshine. yielding, and I want to thank Ms. MAT- Members to vote for it. Our amendment seeks to do just that SUI and her brave constituent, Laurie I yield back the balance of my time. by requiring the Coast Guard to post Dishman, for bringing this very impor- The CHAIRMAN. The question is on on-line the number of deaths, missing tant issue before Congress. the amendment offered by the gen- persons, and reported crimes com- Every year 10 million American citi- tleman from Ohio (Mr. LATOURETTE). mitted on cruise ships. The amendment zens board cruise ships and sail from The amendment was agreed to. also requires cruise lines to include a American ports. These cruise ships are AMENDMENT NO. 3 OFFERED BY MS. MATSUI link to this data base on their public floating cities. But unlike cities, there The CHAIRMAN. It is now in order to web sites. Our amendment would cre- are no peace officers or properly consider amendment No. 3 printed in ate transparency and promote a cul- trained security personnel to protect House Report 110–604. ture of accountability by allowing the passengers on board these ships. There is really no oversight or accountability Ms. MATSUI. Mr. Chairman, I have public access to the number of crimes for the cruise industry to properly or an amendment at the desk. reported. timely report secret crimes that occur The CHAIRMAN. The Clerk will des- Prevention can be just as powerful as ignate the amendment. on ships. enforcement, and we all know that pre- Our amendment just requires the The text of the amendment is as fol- vention starts with making people lows: Coast Guard to publicly maintain and aware of the potential for a crime to regularly update a numerical account- Part B amendment No. 3 offered by Ms. occur. With prevention and enforce- ing of crimes and number of missing MATSUI: ment, it is our hope that the tragic At the end of section 711 add the following persons on each ship. This is common- events that so many passengers have sense. We value information on college new subsection: endured will not be repeated. I urge my (d) AVAILABILITY OF INCIDENT DATA VIA campuses, and this Congress under the colleagues to support this amendment. INTERNET.— Cleary Act requires reporting of crimes (1) WEBSITE.—The Secretary shall main- I reserve the balance of my time. on college campuses. But when there is tain, on an Internet site of the department b 1200 a crime on the high sea, it is a public in which the Coast Guard is operating, a nu- relations cover-up because of the travel merical accounting of the missing persons Mr. OBERSTAR. Mr. Chairman, I rise to claim the time in opposition to the industry. and alleged crimes in covered security inci- This amendment will create a better- dents for which the Secretary receives noti- amendment, although I don’t intend to informed passenger and, of course, fication under subsection (a). The data shall oppose it. be updated no less frequently than quarterly, safer cruise ships. The CHAIRMAN. Without objection, Mr. OBERSTAR. Madam Chairman, I aggregated by cruise line, and each cruise the gentleman from Minnesota is rec- line shall be identified by name. yield 2 minutes to the distinguish ognized for 5 minutes. (2) ACCESS TO WEBSITE.—Each cruise line Chair of the Rail Subcommittee, the taking on or discharging passengers in the There was no objection. gentlewoman from Florida (Ms. Mr. OBERSTAR. The amendment of United States shall include on its Internet CORRINE BROWN). site a link to the Internet site referred to in the gentlewoman arises out of a very Ms. CORRINE BROWN of Florida. I paragraph (1), that is available to the public. tragic case on which the committee want to start out by thanking Chair- The CHAIRMAN. Pursuant to House held an extensive hearing, and at- men OBERSTAR and CUMMINGS and Resolution 1126, the gentlewoman from tempted to address the issue in lan- Ranking Members MICA and California (Ms. MATSUI) and a Member guage within the pending bill. LATOURETTE for all of their hard work opposed each will control 5 minutes. Her amendment would go to the on this bill. The Chair recognizes the gentle- heart of this issue, establishing a Web We have given the Coast Guard so woman from California. site, updated quarterly, aggregated by much responsibility, and they have Ms. MATSUI. Mr. Chairman, I yield cruise line, and providing a link to the been up to the challenge. myself such time as I might consume. site on their own Web site. These re- I have great respect for my colleague Over 10 million Americans travel on quirements will allow passengers to re- from California, but I rise to express cruise lines each year. Unfortunately, view the safety record of a cruise line my serious concern with her pending many are unaware that they are at risk before booking their cruise. I think amendment. As a Member from the of being victims of crime while on their that is a very important protection, es- State of Florida, which has 14 ports vacations. And, it concerns me even pecially for women who are often alone and numerous cruise lines, I have a more that these victims have inad- and can be subjected to violence, as we particular interest in the cruise indus- equate access to assistance or law en- have seen in the course of these hear- try. The cruise industry is one of the forcement in the aftermath of a crime. ings. I support the amendment. most important economic engines in In recent years, the media has re- Mr. LATOURETTE. Would the gen- the State of Florida. Over 5 million ported on a number of high-profile tleman yield? passengers embarked from Florida in cases of passengers falling overboard, Mr. OBERSTAR. I am delighted to 2005 and the industry contributed more passengers going missing, and pas- yield to the gentleman from Ohio. than $6 billion in direct spending. In sengers being raped and sexually as- Mr. LATOURETTE. I thank the gen- addition, the cruise industry is the sec- saulted. Sadly, many of these cases re- tleman. I had intended to claim the ond largest employer for Florida, gen- main unresolved, and the perpetrators time in opposition, even though I am erating more than 125,000 jobs. of sexual violence and other violent not opposed to the amendment. I would Before coming to Congress I owned a crimes on cruise ships are rarely indicate to the chairman and the spon- travel agency, and I can tell you that a brought to justice. sors of the amendment that we are pre- cruise is one of the most cost-effective, I became personally involved after a pared to accept the amendment. safe and enjoyable vacations one can constituent of mine, Laurie Dishman, I do have some concerns about the take. In fact, I recently sent my moth- came to me for assistance after she had scope of the alleged incidents that will er on a cruise.

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00058 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.002 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 6941 The cruise industry is highly regu- Mr. SHAYS. I thank both Members Mr. POE. Madam Chairman, I have lated by State, Federal and inter- for their courtesy in yielding me this an amendment at the desk made in national laws. They ensure that pas- time. order on behalf of myself and Mr. LUN- sengers are safe and have a sound safe- I have a different view than some of GREN of California. ty and security record. It is apparent my colleagues. This industry may be The Acting CHAIRMAN. The Clerk from the FBI statistics that crime highly regulated by State, Federal and will designate the amendment. against U.S. passengers on cruise ships international governments, but be- The text of the amendment is as fol- are very rare. cause all are involved, no one takes lows: The proposed amendment would un- ownership. I had an experience with a con- Part B amendment No. 4 offered by Mr. fairly penalize the cruise industry and POE: stituent, George Smith, who was lost require the public posting of crime al- At the end of the bill add the following new legations, organized by the name of the at sea on his honeymoon on board a title: cruise line. No other private industry cruise ship in the Mediterranean. We had hearings on this tragedy, and had TITLE ll—ADDITIONAL MISCELLANEOUS is required to provide such information PROVISIONS on an Internet site. people contact us with unbelievable stories of someone missing, the family SEC. ll. OPERATION OF SUBMERSIBLE OR The bill unfairly penalizes the cruise SEMI-SUBMERSIBLE VESSEL WITH- industry without any evidence or jus- never being notified, the cruise line taking the person’s possessions and OUT NATIONALITY. tification for this measure. (a) IN GENERAL.—Chapter 111 of title 18, putting them in a lost-and-found and Requiring the reporting of allega- United States Code, is amended by adding at then selling them, of sexual assaults tions of crimes onboard ships would be the end the following new section: and thefts, and no information being misleading to the public as there is no provided about the crimes to the prop- ‘‘§ 2285. Operation of submersible or semi- distinction between an allegation and submersible vessel without nationality er authorities. an actual crime committed. That is What this language does, the Matsui ‘‘(a) FINDINGS AND DECLARATIONS.—Con- why if a local government requires the amendment, requires the secretary of gress finds and declares that operating or reporting of allegations of crime, no embarking in a submersible or semi-sub- the Department of Homeland Security mersible vessel without nationality and on specific business is identified since in to maintain a numerical account of many instances these allegations are an international voyage is a serious inter- missing persons and alleged crimes national problem, facilitates transnational unfounded. committed on cruise ships. The data- crime, including drug trafficking, and ter- In closing, I will continue to work to base will be updated quarterly and ag- rorism, and presents a specific threat to the make sure that the cruise industry is gregated by the cruise line industry. safety of maritime navigation and the secu- one of the safest industries in this It requires cruise lines to include a rity of the United States. country. link to this database on their public ‘‘(b) OFFENSES.— Ms. MATSUI. Madam Chairman, I Web site. The public has a right to ‘‘(1) IN GENERAL.—Whoever knowingly or yield 1 minute to the gentlewoman know about the exact circumstances intentionally operates by any means or em- from New York (Mrs. MALONEY). that take place on board cruise ships. barks in any submersible or semi-submers- Mrs. MALONEY of New York. I This is a sensible amendment. It ible vessel that is without nationality and thank the gentlelady for yielding and that is navigating or has navigated into, needs to pass. And I thank her for in- through or from waters beyond the outer for her very strong support and troducing it. limit of the territorial sea of a single coun- thoughtful work on this legislation, Ms. MATSUI. In closing, Madam try or a lateral limit of that country’s terri- and I am proud to join Congresswoman Chairman, providing public access and torial sea with an adjacent country, shall be MATSUI and Congressmen SHAYS and crime statistics is an important part of punished as prescribed in subsection (h). POE on this amendment which would crime prevention. I thank my cospon- ‘‘(2) ATTEMPTS AND CONSPIRACIES.—Who- require the Coast Guard to maintain an sors and supporters of this amendment, ever attempts or conspires to violate this online database about missing persons and urge my colleagues to support section shall be punished as prescribed in and alleged crimes committed on transparency in the cruise industries. subsection (h). ‘‘(c) DEFINITIONS.—In this section, the cruise ships and to require cruise lines Madam Chairman, I yield back the balance of my time. term— to include a link to this database on ‘‘(1) ‘submersible vessel’ means a vessel their public Web sites. Mr. OBERSTAR. I yield the balance of my time to the gentleman from that is capable of operating below the sur- Like my good friend from Florida, I face of the water, and includes manned and also represent many fine ports and Maryland (Mr. CUMMINGS). unmanned watercraft. Mr. CUMMINGS. This issue, as the many fine cruise lines that have taken ‘‘(2) ‘semi-submersible vessel’ means any chairman of the subcommittee, I have steps to improve their procedures. But watercraft constructed or adapted to be ca- to tell you that this has been a very, certainly individuals going on trips pable of putting much of its bulk under the very difficult issue. We have done two surface of the water. should know the track records of cruise hearings out of a total of 17. It has been ‘‘(3) ‘vessel without nationality’ has the lines, and know the steps they have extremely emotional. But on balance, I same meaning as section 70502(d) of title 46. taken to improve safety. The absolute think that this is a good amendment. I ‘‘(d) EXTRATERRITORIAL JURISDICTION.— most important part of a vacation is to want to congratulate Ms. MATSUI and There is extraterritorial Federal jurisdiction make sure you have a safe, enjoyable all of the cosponsors. over the offenses described in this section, time. I think we have to protect the public; including an attempt or conspiracy to com- This is a commonsense amendment, but at the same time, we have to make mit such offense. ‘‘(e) CLAIM OF NATIONALITY OR REGISTRY.— and it will provide the public with val- sure that we are fair to the cruise in- uable information before booking their ‘‘(1) A claim of nationality or registry dustry. This is an ongoing thing. We under this section includes only— trips, as well as give an indication of have discussions on other matters re- ‘‘(A) possession on board the vessel and where there are challenges in the in- garding cruise ships and passengers. I production of documents evidencing the ves- dustry and improvements that have think this is a good amendment, and I sel’s nationality as provided in article 5 of taken place. I urge an ‘‘aye’’ vote. support it. the 1958 Convention on the High Seas; Mr. OBERSTAR. Madam Chairman, I The Acting CHAIRMAN (Mrs. JONES ‘‘(B) flying its nation’s ensign or flag; or yield 1 minute to the distinguished of Ohio). The question is on the amend- ‘‘(C) a verbal claim of nationality or reg- gentleman from Connecticut (Mr. ment offered by the gentlewoman from istry by the master or individual in charge of the vessel. SHAYS). California (Ms. MATSUI). Mr. SHAYS. Madam Chairman, be- The amendment was agreed to. ‘‘(2) The failure of any submersible or semi-submersible vessel to display registry fore beginning, Ms. MATSUI, do you AMENDMENT NO. 4 OFFERED BY MR. POE numbers or a national ensign or flag shall have 30 seconds you could yield me? The Acting CHAIRMAN. It is now in create a rebuttable presumption that the Ms. MATSUI. And I yield 30 seconds order to consider amendment No. 4 vessel is without nationality, as defined in to the gentleman from Connecticut. printed in House Report 110–604. this section.

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00059 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.002 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6942 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 April 24, 2008 ‘‘(f) FEDERAL ACTIVITIES.—Nothing in this U.S.S. Cole, or even cruise ships, as we This is an effective means by which section applies to lawfully authorized activi- mentioned earlier. we are giving an additional tool to our ties carried out by or at the direction of the This amendment would simply state Coast Guard men and women around United States Government. the findings of Congress that these the world, and also to our prosecutors, ‘‘(g) APPLICABILITY OF OTHER PROVISIONS.— Sections 70504 and 70505 of title 46 apply to stateless vehicles have no legitimate to ensure that we deal with the con- this section. use on international waters, and the tinuing problem of drug trade. ‘‘(h) PENALTIES.— crew that is operating one of these is But, in addition to that, as the gen- ‘‘(1) VIOLATIONS.—A person violating this committing a Federal crime. tleman from Texas mentioned, this section shall be fined under this title, im- Madam Chairman, I reserve the bal- could be used for delivering weapons of prisoned not more than 20 years, or both. ance of my time. mass destruction to our shores. For ‘‘(2) CONSECUTIVE SENTENCE.—Notwith- Mr. OBERSTAR. Madam Chairman, I that reason, if no other, I would hope standing any other provision of law, a term claim the time in opposition, though I we would get a unanimous vote in sup- of imprisonment imposed under this section do not intend to oppose the amend- port of this amendment. shall be consecutive to the sentence of im- ment. prisonment for any other offense.’’. Mr. OBERSTAR. I will reserve the The Acting CHAIRMAN. Without ob- (b) CONFORMING AMENDMENT.—The table of balance of our time. I will yield to the sections for chapter 111 of title 18, United jection, the gentleman from Minnesota gentleman from Maryland to close on States Code, is amended by adding at the end is recognized for 5 minutes. our side. So the gentleman may pro- the following new item: There was no objection. ceed with his speakers. ‘‘2285. Operation of submersible or semi-sub- Mr. OBERSTAR. I thank the gen- Mr. POE. Madam Chairman, I inquire mersible vessel without nation- tleman from Texas, a member of our as to how much time is left on each ality.’’. committee, for offering this amend- side. The Acting CHAIRMAN. Pursuant to ment. The Acting CHAIRMAN. The gen- House Resolution 1126, the gentleman The Coast Guard in the past 4 months tleman from Texas has 11⁄2 minutes. from Texas (Mr. POE) and a Member op- has had 23 cases involving semi-sub- The gentleman from Minnesota has 4 posed each will control 5 minutes. mersible vessels, and the Coast Guard minutes. The Chair recognizes the gentleman intelligence sector predicts that 85 Mr. POE. Madam Chairman, I yield 30 from Texas. cases will occur this year, possibly a seconds to my friend from Texas (Mr. Mr. POE. Madam Chairman, I yield projection of 120 such cases next year. CULBERSON). myself such time as I may consume. This amendment deals with stateless Mr. CULBERSON. Madam Chairman, This is a photograph regarding the submersible or semi-submersible ves- I won’t take the whole time. Just to amendment we will talk about this sels on international voyages, and tell you I just returned from a briefing morning. These are mini-submarines. makes it a finding of Congress that at the Coast Guard with Admiral Allen. They are currently being made in the they are a serious international prob- They brought this to my attention. jungles of Colombia, alongside much of lem that facilitates transnational One of these vehicles can carry up to a the drugs that they carry, probably crimes, including drug trafficking and billion dollars worth of drugs. They can from the Revolutionary Armed Forces terrorism, a serious threat to U.S. mar- carry weapons of mass destruction. of Colombia which is the military wing itime security navigation, and I appre- If the vessel sinks before the Coast of the Colombian Communist Party. ciate the gentleman offering the Guard can get on it, they lose all the These vessels are made out of fiber- amendment. evidence. So this is a vitally important glass. They are about 100-feet long. I reserve the balance of my time. amendment to the Coast Guard to en- They carry a crew of five and up to 13 Mr. POE. I yield 2 minutes to the force our laws and protect this Nation. tons of drugs with a street value of gentleman from California (Mr. DANIEL And I hope we will all support it. about $300 million. They travel about E. LUNGREN). Mr. OBERSTAR. The gentleman may Mr. DANIEL E. LUNGREN of Cali- 14 miles per hour, and they are barely close and we will close on our side. fornia. I thank the gentleman for yield- Mr. POE. I want to thank the chair- below the surface. They are con- ing. man of the committee and the chair- structed to remain below the surface of Madam Chairman, this is an impor- man of the subcommittee for their sup- the water, making them difficult for tant amendment. This is an attempt by port on this important legislation. It the U.S. Navy and the Coast Guard to us to get our criminal laws to catch up will make our country safer. I hope track. And they can travel all of the with the technology used by the bad that it is adopted by our Congress im- way from the north coast of South guys, essentially. mediately. America to the southeastern United With that, I yield back the remainder States without refueling. b 1215 of my time. These vessels that the Coast Guard If you were to look at one of these in Mr. OBERSTAR. I yield to the gen- are encountering are stateless vessels the open sea, you would find out how tleman from Maryland, Chair of the with no legitimate use. They are built difficult it is to spot them actually, Coast Guard Subcommittee, the bal- for stealth and the capability to rap- even from the air. They are a very ef- ance of our time. idly scuttle the illicit drugs they are fective means by which they can de- Mr. CUMMINGS. Madam Chairman, carrying. liver illegal drugs to this country, may I inquire as to how much time we What happens is when the United which they have done. have. States Coast Guard or the Navy comes The Coast Guard has done a remark- The Acting CHAIRMAN. The gen- upon one of these vessels, the crew able job in fighting this. But this law tleman has 4 minutes. scuttles the ship, it sinks, and all of will give us the ability to prosecute Mr. CUMMINGS. Thank you, Mr. the contraband sinks to the bottom of cases that are, we are incapable of Chairman, for yielding. the ocean. The only one prosecution prosecuting at the present time. I also rise in support of this very im- that has taken place, reflected here on It will also alleviate the danger that portant amendment. This amendment the bottom, occurred when a bale of co- is posed to our members of the Coast would make it a crime to operate on an caine floated back to the surface. The Guard in their attempt to retrieve the international voyage a submersible or five crewmen are now being prosecuted contraband that is thrown overboard semi-submersible vessel utilized to in Tampa, Florida. And let me mention when the perpetrators of these kinds of traffic drugs or support other illegal that these vessels can not only be used activities find that they are being activities. for drugs, they can bring explosives chased by the Coast Guard. In this The use of the submersible vehicles into the United States. They come up case, it will be illegal to be utilizing to attempt to smuggle drugs from for- our waterways. They can attack crude these kind of vessels for this type of eign ports to the United States is on ships, ships that are bringing in oil purpose, but you will not have to prove the rise, and such vehicles are capable tankers, our military ships like the the contraband actually is there. of carrying vast quantities of drugs.

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00060 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.002 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 6943 I’m very familiar with this issue, the gentleman from Texas will be post- allow people into this country who in- having been former ranking member of poned. tend to do us harm or weapons to un- the Drug Subcommittee of the Govern- AMENDMENT NO. 5 OFFERED BY MR. MC NERNEY leash upon us. ment Reform Committee, and now The Acting CHAIRMAN. It is now in We have improved our ability to deal chairman of this subcommittee. The order to consider amendment No. 5 with potential terrorist threats, but we very drugs that these folks are trying printed in House Report 110–604. must keep up the progress. America’s to bring into this country, they’re try- Mr. MCNERNEY. Madam Chairman, I security is our paramount responsi- ing to bring them on these kind of have an amendment at the desk. bility, and our goals must be always to boats. I’ve actually seen these boats. The Acting CHAIRMAN. The Clerk counteract threats against our citi- And someone said it a moment ago. will designate the amendment. zens, address the dangers posed by ter- It is so important that we keep up The text of the amendment is as fol- rorists, and eliminate the potential for with the drug smugglers. They are con- lows: introduction of weapons of mass de- struction. stantly trying to find new methods to Part B amendment No. 5 offered by Mr. My congressional district is home to avoid capture and prosecution, and so MCNERNEY: this is a good thing. At the end of the bill add the following new the Port of Stockton, one of the largest In August of last year, for instance, title. inland ports in the Nation. While it is the Coast Guard and other Federal TITLE ll—ADDITIONAL MISCELLANEOUS an economic engine for California’s partners seized a semi-submersible ves- PROVISIONS Central Valley, moving everything sel carrying cocaine estimated to be SEC. ll. LEGAL AUTHORITY OF THE COAST from agricultural products to wind tur- worth more than $350 million. GUARD TO CARRY OUT ITS HOME- bines, it may be viewed as a potential And, by the way, Madam Chairman, I LAND SECURITY MISSIONS NOT IM- entry point for those who intend to do PAIRED. us harm. Thankfully, the Coast Guard also note that this year the Coast The provisions of this Act governing the Guard has taken in and seized more understands the risk and provides con- marine safety mission of the Coast Guard stant security that insures continued drugs than in any year in its history. shall not impair the legal authority of the As someone who represents the City Coast Guard to carry out its homeland secu- business and peace of mind. of Baltimore, I know firsthand the de- rity missions including— I believe that it’s important to high- struction that drugs can cause. And I (1) protecting ports, waterways, coastal se- light the dual responsibilities of the know that every gram that is kept off curity, and the marine transportation sys- Coast Guard, and we should ensure that our streets is a victory over the forces tem from an act of terrorism; the Coast Guard’s homeland security (2) securing our borders against aliens that destroy lives and communities. missions are not lessened by the licens- seeking to unlawfully enter the United ing and regulatory functions of the I also know that the profit available States, illegal drugs, firearms, and weapons from drug drives and smugglers, they Guard. of mass destruction at ports, waterways, and My amendment is both simple and continually try to come up with these throughout the marine transportation sys- needed. It outlines formally that none new techniques, and this is our effort, tem; of the changes to the marine safeguard Mr. POE’s effort to address this. (3) preventing human smuggling operations mission of the Coast Guard shall im- With that, Madam Chairman, I at ports, waterways, and throughout the ma- pair in any way, the homeland security wholeheartedly support this amend- rine transportation system; (4) maintaining defense readiness to rap- mission of the Coast Guard. It is im- ment. I want to thank Mr. POE for idly deploy defensive port operations and se- portant to note that we are not cre- sponsoring it. curity operations and environmental defense ating new authorizations. We are sim- Mr. PAUL. Madam Chairman, I rise in oppo- operations; ply outlining formally the continued sition to this amendment because it strikes me (5) coordinating efforts and intelligence importance of protecting our water- as unconstitutional to make it a Federal crime with Federal, State, and local agencies to ways and ports, maintaining coastal to operate a submersible or semi-submersible deter, detect, and respond to the threat of security, and securing our borders vehicle that is not registered with a country if terrorism at ports, on waterways, and against aliens seeking to unlawfully it navigates through international waters. I be- throughout the marine transportation sys- enter the United States. lieve that this amendment, aside from being tem; (6) preventing Osama Bin Laden, al Qaeda, Americans deserve to know that our unconstitutional, is dangerously broad and or any other terrorist or terrorist organiza- ports and waterways are protected. may well lead to the persecution of individuals tion from attacking the United States or any This amendment does just that by who are in no way engaging in illegal activity. United States person; clarifying the Coast Guard’s homeland I am concerned that this may lead to the pros- (7) protecting the United States or any security missions are strengthened by United States person from threats posed by ecution of, for example, a scientific organiza- the legislation we are doing today. tion that builds and operates a submersible re- weapons of mass destruction or other threats to national security. I consider all of my colleagues sup- search vessel and operates it in international port for this commonsense amendment, waters. Are these organizations going to be The Acting CHAIRMAN. Pursuant to and I reserve the balance of my time. forced to register their activities with the U.S. House Resolution 1126, the gentleman Mr. LATOURETTE. Madam Chair- Government or face a 20 year jail term? The from California (Mr. MCNERNEY) and a man, I ask unanimous consent to con- real intent of this amendment is to add yet an- Member opposed each will control 5 trol the time in opposition, even other draconian weapon in the arsenal of the minutes. though I am not opposed to the amend- government’s failed war on drugs. This The Chair recognizes the gentleman ment. amendment may well have chilling unintended from California. The Acting CHAIRMAN. Without ob- consequences for individuals and organiza- Mr. MCNERNEY. Madam Chairman, jection, the gentleman from Ohio is tions that have nothing to do with drug or since the terrible events of September recognized for 5 minutes. human smuggling and as such I cannot sup- 11, 2001, we have relied heavily on the There was no objection. port the Poe amendment. brave men and women of the U.S. Coast Mr. LATOURETTE. Madam Chair- The Acting CHAIRMAN. The ques- Guard to be our eyes and ears against man, we are prepared to accept this tion is on the amendment offered by terrorism along our coastal borders amendment. The Coast Guard is a the gentleman from Texas (Mr. POE). and at more than 300 of our Nation’s multi-mission military service that The question was taken; and the Act- ports. must have the ability and flexibility to ing Chairman announced that the ayes The Coast Guard’s homeland security respond to numerous concerns and appeared to have it. mission isn’t new. It began more than threats in the maritime domain. Mr. CUMMINGS. Madam Chairman, I 200 years ago when the service was We share the concern of the sponsor demand a recorded vote. founded. Yet, today, we are more fo- that no one Coast Guard mission The Acting CHAIRMAN. Pursuant to cused on the need to provide maritime should be elevated in precedence to the clause 6 of rule XVIII, further pro- security. The Coast Guard has ramped expense of the service’s many other re- ceedings on the amendment offered by up its efforts to ensure that we don’t sponsibilities.

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00061 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.002 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6944 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 April 24, 2008

I want to congratulate Mr. Mr. MCNERNEY. Madam Chairman, I pilot program to collect biometric in- MCNERNEY, a new Member of the demand a recorded vote. formation on aliens interdicted at sea. House, for bringing this amendment to The Acting CHAIRMAN. Pursuant to My amendment requires the Coast the floor, bringing it to our attention. clause 6 of rule XVIII, further pro- Guard to move forward on this pro- I would be happy to yield to the dis- ceedings on the amendment offered by gram within 1 year, and provide a cost tinguished chairman for any observa- the gentleman from California will be analysis to Congress on expanding tions he would have. postponed. these capabilities in other Coast Guard Mr. OBERSTAR. I thank the gen- AMENDMENT NO. 6 OFFERED BY MR. BILIRAKIS and Department of Homeland Security tleman for yielding time. The Acting CHAIRMAN. It is now in vessels and units. It was our purpose from the very out- As part of this analysis, my amend- set of crafting the marine safety provi- order to consider amendment No. 6 printed in House Report 110–604. ment would encourage DHS to give pri- sions of this bill to delineate clearly ority to expanding mobile biometric the responsibilities of the Coast Guard Mr. BILIRAKIS. Madam Chairman, I have an amendment at the desk made collection capabilities to assets and on safety, on its safety mission, and on areas that are most likely to encounter in order under the rule. the new emphasis within the Depart- illegal border crossings in the mari- The Acting CHAIRMAN. The Clerk ment o Homeland Security on their se- time environment. curity responsibilities. will designate the amendment. In fact, this was an issue, I would say The text of the amendment is as fol- b 1230 to the gentleman from Ohio, that then lows: The efforts of the Coast Guard in this Chairman YOUNG and I raised with the Part B amendment No. 6 offered by Mr. area show great promise. Since the col- President at the White House some 6 BILIRAKIS: lection of limited biometrics on indi- plus years ago when he first proposed Strike section 708 and insert the following: viduals interdicted at sea began, the the Department of Homeland Security, SEC. 708. MARITIME BIOMETRIC IDENTIFICA- Coast Guard has collected biometric that the bill, as proposed, the propo- TION. data from 1,513 migrants resulting in sition set forth by the administration, (a) IN GENERAL.—Within one year after the date of the enactment of this Act, the Sec- nearly 300 matches against databases did not distinguish between search, res- retary of Homeland Security, acting through of wanted criminals, immigration vio- cue, safety responsibilities of the Coast the Commandant of the Coast Guard, shall lators, and others who have previously Guard and these new emphasis duties conduct, in the maritime environment, a encountered government authorities. on security. We do that now in this leg- program for the mobile biometric identifica- Instead of being released to repeat islation. The amendment of the gen- tion of suspected individuals, including ter- their dangerous and illegal behavior, tleman from California will further de- rorists, to enhance border security and for these individuals are now detained and lineate that distinction. other purposes. prosecuted. I thank the gentleman for yielding (b) REQUIREMENTS.—The Secretary shall The U.S. Attorney’s Office in San this time, and I thank the gentleman ensure the program required in this section Juan, Puerto Rico, has prosecuted for his amendment. is coordinated with other biometric identi- fication programs within the Department of more than 118 individuals for violations Mr. LATOURETTE. I would ask the Homeland Security. of U.S. laws, immigration laws, and chairman of the subcommittee, Mr. (c) COST ANALYSIS.—Within 90 days after other offenses based substantially on CUMMINGS, do you want to say any- the date of the enactment of this Act, the information obtained through the bio- thing about the amendment? Secretary shall submit to the Committees on metrics program. I would be happy to yield to the gen- Appropriations and Homeland Security of The Coast Guard reports that illegal tleman from Maryland. the House of Representatives and the Com- migration in the Mona Pass area, an Mr. CUMMINGS. I rise in support of mittees on Appropriations and Homeland Se- area between the Dominican Republic the amendment offered by Mr. curity and Governmental Affairs of the Sen- and Puerto Rico, has been reduced by MCNERNEY. This simple amendment ate an analysis of the cost of expanding the Coast Guard’s biometric identification capa- 50 percent in the past year as a direct clarifies that the provisions included in result of the biometrics program. the Coast Guard authorization per- bilities for use by the Coast Guards Deployable Operations Group, cutters, sta- By leveraging its relationships with- taining to the service’s marine safety tions, and other deployable maritime teams in DHS, the Coast Guard now has ac- function will not in any way affect the considered appropriate by the Secretary, and cess to millions of fingerprint files it Coast Guard’s authority to carry out any other appropriate Department of Home- can use to positively identify individ- its Homeland Security missions. land Security maritime vessels and units. uals encountered at sea, those who are As the chairman has said, basically, The analysis may include a tiered plan for without identification and are sus- what we’re trying to do is make sure the deployment of this program that gives pected of attempting an illegality and priority to vessels and units more likely to that, while we understand that this or- illegally entering the United States. ganization is being stretched, we want encounter individuals suspected of making Now that the Coast Guard has deter- to make sure that it takes on its func- illegal border crossings through the mari- mined the most effective way to collect tions effectively and efficiently. I time environment. (d) DEFINITION.—For the purposes of this biometrics at sea, the Department of think this amendment simply section, the term ‘‘biometric identification’’ Homeland Security needs to determine strengthens the legislation and, there- means use of fingerprint and digital photog- the most appropriate way to move for- fore, I support it. raphy images. ward and expand this effort as cost ef- Mr. LATOURETTE. I thank both The Acting CHAIRMAN. Pursuant to chairmen and want to again congratu- fectively as possible, which is what my House Resolution 1126, the gentleman amendment requires. late Mr. MCNERNEY on his amendment. I would yield back the balance of my from Florida (Mr. BILIRAKIS) and a Given the success of existing efforts time. Member opposed each will control 5 on biometrics by the Coast Guard, I be- Mr. MCNERNEY. Madam Chairman, minutes. lieve it is imperative that we strength- the purpose of this bill is just to erase The Chair recognizes the gentleman en section 708 of the underlying bill on any ambiguity that we want the Coast from Florida. clarifying congressional intent in this Guard to be involved in homeland secu- Mr. BILIRAKIS. I yield myself as area so that these efforts are cost effec- rity. much time as I may consume. tive and will do the most good. It is I yield back the balance of my time. I rise to offer an amendment to the clear the collection of biometrics at The Acting CHAIRMAN. The ques- Coast Guard Authorization Act that sea by the Coast Guard is already help- tion is on the amendment offered by will strengthen maritime security. My ing greatly deter illegal migration and the gentleman from California (Mr. amendment would replace section 708 prevent the capture and release of dan- MCNERNEY). of the bill which incorporates language gerous individuals. The question was taken; and the Act- from a stand-alone bill I have intro- I urge the distinguished Members of ing Chairman announced that the ayes duced with tougher language that this House to help further that effort appeared to have it. would codify and expand a Coast Guard by voting for this amendment.

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00062 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.002 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 6945 Madam Chairman, I reserve the bal- also will allow us to be able to learn culture Committee, Congressman ance of my time. exactly who these terrorists might be HOLDEN and myself, take very seri- Mr. OBERSTAR. Madam Chairman, I and get identification information on ously as we work in that direction. rise to claim the time in opposition, them immediately. Mr. HOLDEN. Madam Speaker, will though I do not intend to oppose the And so I want to thank the gen- the gentleman yield? amendment. tleman for providing us with this Mr. LUCAS. I yield to the gentleman The Acting CHAIRMAN. Without ob- amendment, which makes our bill bet- from Pennsylvania. jection, the gentleman from Minnesota ter. Mr. HOLDEN. Madam Speaker, I is recognized for 5 minutes. Mr. BILIRAKIS. I also want to thank agree with my friend from Oklahoma. There was no objection. Chairman OBERSTAR for the kind words This legislation is desperately needed Mr. OBERSTAR. I do support the and Mr. LATOURETTE, my good friend. in rural America and in agriculture amendment offered by the distin- This is a great amendment. Thanks for country. The conferees are making guished gentleman from Florida with your cooperation. I appreciate it. progress, but Chairman PETERSON and whose father I had the pleasure to The Acting CHAIRMAN. The ques- Ranking Member GOODLATTE are not serve, a person of great personal dis- tion is on the amendment offered by on the floor right now because they are tinction who served this body very well the gentleman from Florida (Mr. BILI- in meetings with the Ways and Means and with whom I had a delightful per- RAKIS). Committee and the Senate Finance sonal relationship. And I always appre- The amendment was agreed to. Committee as progress is being made. ciated that friendship. Mr. OBERSTAR. Madam Chairman, I But we need this one additional week I thank the gentleman for offering move that the Committee do now rise. to iron out the differences with the this amendment which requires bio- The motion was agreed to. other body, and I urge the adoption of metric identification of suspected per- Accordingly, the Committee rose; the bill. sons, including terrorists, to strength- and the Speaker pro tempore (Ms. ZOE Mr. LUCAS. Madam Speaker, I with- en border security. Fingerprinting, dig- LOFGREN of California) having assumed draw my reservation of objection. ital photos, and other technology can the chair, Mrs. JONES of Ohio, Acting The SPEAKER pro tempore. Is there be used to identify illegal migrants, Chairman of the Committee of the objection to the request of the gen- smugglers, and terrorists. It will be Whole House on the state of the Union, tleman from Pennsylvania? useful in establishing a database. reported that that Committee, having There was no objection. It parallels what we do in the TSA had under consideration the bill (H.R. The text of the Senate bill is as fol- for aviation security and in other areas 2830) to authorize appropriations for lows: of security. It will be a valuable asset the Coast Guard for fiscal year 2008, S. 2903 in the ongoing struggle against ter- and for other purposes, had come to no Be it enacted by the Senate and House of Rep- rorism, and I appreciate the gentleman resolution thereon. resentatives of the United States of America in Congress assembled, offering the amendment. f I am happy to yield to the gentleman SECTION 1. ADDITIONAL TEMPORARY EXTEN- from Ohio. TEMPORARY EXTENSION OF FARM SION OF AGRICULTURAL PROGRAMS PROGRAMS AND SUSPENSION OF PERMANENT Mr. LATOURETTE. I want to con- PRICE SUPPORT AUTHORITIES. gratulate Mr. BILIRAKIS on this amend- Mr. HOLDEN. Madam Speaker, I ask Effective April 25, 2008, section 1 of Public ment, and we all had the privilege of unanimous consent to take from the Law 110–196 (122 Stat. 653) (as amended by serving with his dad, Mike, and he’s a Speaker’s table the Senate bill (S. 2903) Public Law 110–200 (122 Stat. 695)) is amend- ‘‘Gus’’ off the old block, and he’s doing to amend Public Law 110–196 to provide ed— a fine job not only in this amendment for a temporary extension of programs (1) in subsection (a), by striking ‘‘April 25, but also the Waterway Watch program. authorized by the Farm Security and 2008’’ and inserting ‘‘May 2, 2008’’; and (2) in subsection (d), by striking ‘‘April 25, We’re prepared to accept the amend- Rural Investment Act of 2002 beyond 2008’’ and inserting ‘‘May 2, 2008’’. ment. The Coast Guard has operated a April 25, 2008, and ask for its imme- The Senate bill was ordered to be pilot program in Mona Pass, Puerto diate consideration in the House. read a third time, was read the third Rico. It has been extremely successful. The Clerk read the title of the Senate time, and passed, and a motion to re- We’re aware that the Coast Guard in- bill. consider was laid on the table. tends to expand the program in the The SPEAKER pro tempore. Is there Caribbean Basin to make it a perma- objection to the request of the gen- f nent program. His amendment would tleman from Pennsylvania? GENERAL LEAVE Mr. LUCAS. Madam Speaker, reserv- accomplish these goals. Mr. HOLDEN. Madam Speaker, I ask ing the right to object, I rise in support For that reason, I support the amend- unanimous that all Members may have of the temporary farm bill extension. It ment and congratulate Mr. BILIRAKIS. 5 legislative days in which to revise will extend the provisions of the 2002 Mr. BILIRAKIS. Madam Chairman, I and extend their remarks on the bill HOMP farm bill an additional week to give would like to thank Chairman T - just considered. SON and also thank Ranking Member our committee more time to finish the The SPEAKER pro tempore. Is there KING for supporting this good bill and farm bill. objection to the request of the gen- my amendment. Thank you very much. We continue to work towards an tleman from Pennsylvania? Mr. OBERSTAR. I yield to close on agreement on this very complex piece There was no objection. our side to the gentleman from Mary- of legislation. While there is a signifi- land. cant amount of work that has been ac- f Mr. CUMMINGS. Madam Chairman, complished, there is more that remains COAST GUARD AUTHORIZATION this amendment merely, simply stated, to be done. And the House and Senate ACT OF 2008 makes sense. It amends section 708 to conferees have been meeting this week The SPEAKER pro tempore. Pursu- require the creation of a program that and continue to meet. The staff has ant to House Resolution 1126 and rule will enable the Coast Guard to test the worked diligently to bring this bill to- XVIII, the Chair declares the House in use of biometrics technology to iden- gether. the Committee of the Whole House on tify individuals intercepted by the The farm bill is a critical piece of the state of the Union for the further service. I have actually seen this proce- legislation for this country. It’s the consideration of the bill, H.R. 2830. dure and have seen this biometric commodity title, it’s the social attri- equipment in operation. This allows us tion problems, conservation, rural de- b 1240 to use our resources, our limited re- velopment and a variety of other IN THE COMMITTEE OF THE WHOLE sources that the Coast Guard has, in an things. It is something that must be Accordingly, the House resolved efficient and effective manner; and it accomplished and we on the Agri- itself into the Committee of the Whole

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00063 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.002 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6946 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 April 24, 2008 House on the state of the Union for the My amendment requires the Depart- that there is better coordination so further consideration of the bill (H.R. ment of Homeland Security to notify that the FERC is not approving pro- 2830) to authorize appropriations for the Federal Energy Regulatory Com- posed facilities only to have the Coast the Coast Guard for fiscal year 2008, mission of the Homeland Security De- Guard, years later, reject the proposals and for other purposes, with Mrs. partment’s determination of whether due to concerns over the suitability of JONES of Ohio (Acting Chairman) in the the waterway to a proposed liquefied the waterway to the facilities. chair. national gas facility is suitable for the At this point, I reserve the balance of The Clerk read the title of the bill. marine traffic associated with the pro- my time. The Acting CHAIRMAN. When the posed facility. Mr. OBERSTAR. Madam Chairman, I Committee of the Whole rose earlier The Federal Energy Regulatory Com- ask unanimous consent to claim the today, amendment No. 6 printed in part mission in turn must respond to the time in opposition, though I do not in- B of House Report 110–604 offered by Department of Homeland Security tend to oppose the amendment. the gentleman from Florida (Mr. BILI- within 90 days or at the conclusion of The Acting CHAIRMAN. Without ob- RAKIS) had been disposed of. any available appeals process of what jection, the gentleman from Minnesota the action the commission will take on is recognized for 5 minutes. AMENDMENT NO. 7 OFFERED BY MR. MARKEY There was no objection. The Acting CHAIRMAN. It is now in the LNG application. Mr. OBERSTAR. It was truly delight- order to consider amendment No. 7 My amendment does not dispute the ful to hear the discourse of the gen- printed in House Report 110–604. need for more LNG. We need more tleman from Massachusetts, per- Mr. MARKEY. Madam Chairman, I LNG. What my provision says is that spicacious, omniscient. It is rare that have an amendment at the desk. before we build a new LNG facility, we tediological inquiries occur in this The Acting CHAIRMAN. The Clerk must first make sure we are not cre- body. And for that reason, it is rare to will designate the amendment. ating a giant terrorist tiger. In Boston, hear such felicitous language used in The text of the amendment is as fol- we’ve always known that the LNG fa- discourse on the floor, especially im- lows: cility on land in my congressional dis- portant on this aftermath, the day Part B amendment No. 7 offered by Mr. trict was a huge potential fire hazard. after the 444th celebration of the birth MARKEY: But after the September 11 attacks, of Shakespeare. I thank the gentleman At the end of title VII add the following: when we learned how many terrorists for his distinguished presentation. SEC. 708. REVIEW OF LIQUEFIED NATURAL GAS had actually gotten off the LNG ships Madam Chairman, I would be happy FACILITIES. themselves in Boston coming in from to yield to the distinguished gentleman (a) NOTICE OF DETERMINATION.—Consistent overseas, we learned that it was a huge with other provisions of law, the Secretary from Ohio. potential terrorist tiger. Mr. LATOURETTE. I thank the of Homeland Security must notify the Fed- In the face of this kind of risk, my eral Energy Regulatory Commission when a chairman for yielding. We are also pre- determination is made that the waterway to provision mandates that we should pared to accept this amendment. We a proposed waterside liquefied natural gas have the Homeland Security Depart- think it’s a good amendment. facility is suitable or unsuitable for the ma- ment involved at the beginning when Although I was very taken by the rine traffic associated with such facility. any new LNG facilities are being pro- gentleman from Massachusetts’ prose, (b) FEDERAL ENERGY REGULATORY COMMIS- posed so that the department can as- I would indicate we did have a pretty SION RESPONSE.—The Federal Energy Regu- sess the potential homeland security extensive hearing in the Coast Guard latory Commission shall respond to the Sec- risk of building one of these facilities Subcommittee on this particular retary’s determination under subsection (a) before we blindly move forward to put by informing the Secretary within 90 days of bridge and this waterway up in Fall notification or at the conclusion of any more LNG terminals in various parts of River. I’m never caught short about available appeal process, whichever is later, the country. the imagination of the Massachusetts of what action the Commission has taken, The need for coordination between delegation. pursuant to its authorities under the Natural the Coast Guard and the commission Just to be clear, the FERC approval Gas Act, regarding a proposal to construct was recently reinforced in Fall River, of that site was based upon one bridge. and operate a waterside liquefied natural gas Massachusetts. In Fall River, the Fed- After the delegation applied for the facility subject to a determination made eral Energy Regulatory Commission construction of a new bridge and there under subsection (a). approved the construction of an LNG was a proposal to demolish the old The Acting CHAIRMAN. Pursuant to facility in 2005. Two years later, the bridge 100 yards from the new bridge, House Resolution 1126, the gentleman Coast Guard determined that the wa- the Massachusetts delegation has fall- from Massachusetts (Mr. MARKEY) and terway was not suitable for the marine en in love with this old bridge. As a re- a Member opposed each will control 5 traffic associated with it. So we have a sult, it is not a navigable waterway. minutes. situation where the FERC has ap- That was the basis for the Coast The Chair recognizes the gentleman proved a license for the LNG facility Guard’s decision in this matter. I con- from Massachusetts. that the Coast Guard says, 2 years gratulate Mr. MARKEY for not only his Mr. MARKEY. Madam Chairman, it’s later, shouldn’t be built because the good amendment but also the Massa- good to see you back up in the Chair waterway to the facility is not suit- chusetts delegation in general for their again. I’m glad that you have returned able. ingenious work. up there. b 1245 Mr. OBERSTAR. Madam Chairman, I I would like to thank, first of all, reserve the balance of my time. Chairman JIM OBERSTAR, a great chair- But despite this action by the Coast Mr. MARKEY. How much time do I man of the Transportation Committee Guard, which effectively blocks the fa- have remaining? for his excellent work; Chairman cility, the FERC license remains in The Acting CHAIRMAN. The gen- BENNIE THOMPSON for his perspicacious place. This lack of coordination makes tleman from Massachusetts has 1 leadership; to Chairman JOHN DINGELL, no sense. minute. whose omniscient and ubiquitous pres- There currently is an interagency Mr. MARKEY. The purpose of my ence on so many issues is always an es- agreement among the FERC, the Coast amendment is not the prevention of sential ingredient in passing legisla- Guard and the Office of Pipeline Safety LNG facilities, but rather to promote tion of this magnitude. that is supposed to coordinate efforts coordinate between the Coast Guard And I encourage all of my colleagues on the siting of LNG facilities and safe- and the FERC in siting. We have two to ensure that this commonsense provi- ty and security issues associated with other offshore facilities which we are sion, which will ensure that siting deci- proposed sites. But as the review proc- also going to be licensing in Massachu- sions for proposed LNG facilities are ess for the proposed LNG facility in setts. We need more LNG. We just want coordinated and informed by homeland Fall River makes clear, more structure to make sure that there is good policy, security considerations. and a timeline is needed to make sure good sense, good coordination.

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00064 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.002 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 6947 Again, it’s my great honor to have SEC. ll. USE OF SECONDARY AUTHENTICATION ditional check of the name, but in the the support of the polysyllabic pro- FOR TRANSPORTATION SECURITY future, when the technology has been CARDS. fessor of transportation legislation, the The Secretary of Homeland Security may accepted for broad use, it could also in- gentleman from Minnesota, who has a use a secondary authentication system for clude the use of other biometrics, such mastery of the English language that individuals applying for transportation secu- as iris, facial or retina scans, voice rec- when the CONGRESSIONAL RECORD is re- rity cards when fingerprints are not able to ognition and the like. It merely gives viewed, no matter how many com- be taken or read to enhance transportation discretion to the Secretary to either do pound, complex sentences that he ut- security. the name check, or use alternative bio- ters, they always parse. And that’s a The Acting CHAIRMAN. Pursuant to metrics. special gift that the chairman has. In House Resolution 1126, the gentle- The point of this amendment is to the area of transportation that is so woman from California (Ms. ZOE enhance security, but also to allow complex, we need people with those LOFGREN) and a Member opposed each workers who are applying for TWIC to abilities to be able to put together will control 5 minutes. avoid being rejected unfairly. complex policies as he does. I thank The Chair recognizes the gentle- I urge all of my colleagues to vote in the gentleman. woman from California. favor of this amendment as well as the Madam Chairman, I yield back the Ms. ZOE LOFGREN of California. underlying bill. I would like to thank balance of my time. Madam Chairman, I yield myself such the chairman, Mr. OBERSTAR, and also Mr. OBERSTAR. I thank the gen- time as I may consume. Mr. CUMMINGS for their wonderful work on this bill. tleman for those thoughtful remarks. My amendment is a simple one. It al- Madam Chairman, I reserve the bal- I yield the balance of our time to the lows the Secretary of the Department of Homeland Security to use a sec- ance of my time. distinguished Chair of the Coast Guard Mr. LATOURETTE. Madam Chair- Subcommittee, Mr. CUMMINGS. ondary authentication system to verify the identity of individuals who are ap- man, I ask unanimous consent to con- Mr. CUMMINGS. Madam Chairman, trol the time in opposition although I how much time do we have remaining? plying for transportation worker iden- tification credentials when those indi- will not oppose the amendment. The Acting CHAIRMAN. The gen- The Acting CHAIRMAN. Without ob- viduals have failed in their biometric tleman has 31⁄2 minutes. jection, the gentleman from Ohio is verification due to the quality of their Mr. CUMMINGS. Madam Chairman, I recognized for 5 minutes. fingerprints. rise in full support of this amendment. There was no objection. Since this is the Department of It is another one of those makes-sense Mr. LATOURETTE. Madam Chair- Homeland Security, these credentials amendments that strengthens the leg- man, we’re prepared to accept this are called TWICs. And it is necessary islation. amendment, although I must say we currently, in the bill and under law, to We have a situation here where cur- have concerns about the overall effect have your fingerprints taken to enroll the language will have on the require- rently, under an existing memorandum to get this TWIC. However, and this is of understanding between FERC and ments under the Transportation Work- very interesting, Stanford University er Identification Credential program the Coast Guard, the Coast Guard al- has done the research. It turns out that ready provides the results of its water- and port security levels in general. about 5 percent of the population is un- As we all know, and the committee way suitability reports to FERC. This able to have their fingerprints taken. amendment would simply codify that has received voluminous testimony, Now the reasons for this can be many; TWIC readers will not be available for practice. The amendment would then genetics, age, there is an ethnicity require FERC to inform the Secretary some time. However, in my opinion, we component, illness, hard labor. And should not relax identification require- of the actions the commission has when that happens, what that means is taken regarding the proposed termi- ments once the readers are in place in that individuals who would otherwise our Nation’s ports. The evidence at the nal’s application. need the card will not be able to get It simply makes sense. We’ve got to committee is that we’re not dealing the card unless this amendment is with an unknown universe of individ- have the Coast Guard and FERC work- adopted. ing together. Of course the Coast uals, we’re dealing with a universe any- I’ll give you an example of an indi- where from 750,000 to 1.5 million people Guard determines suitability of the wa- vidual who has been impacted. George terway leading into the location where who will eventually come and require a Thomas of Houston, Texas. Mr. Thom- TWIC card. the LNG is going to be, and then of as is 85 years old and he is the presi- course FERC takes a look at other I look forward to working with Rep- dent of Higman Marine Services. resentative ZOE LOFGREN and commend things. So the combination of them Higman Marine has been in the inland working together is so very, very, very her on behalf of this 85-year-old gen- towing business since 1917. When Mr. tleman, and others, for bringing this important, and so we wholeheartedly Thomas applied for his TWIC card, he support the amendment. matter to our attention. I look forward was told that his skin was too thin to to working with Chairman OBERSTAR The Acting CHAIRMAN. The ques- have his fingerprints read and to come and Chairman CUMMINGS and Rep- tion is on the amendment offered by back in a couple of months to apply resentative ZOE LOFGREN in the con- the gentleman from Massachusetts again. Well, what happens to Mr. ference to perhaps tweak the TWIC lan- (Mr. MARKEY). Thomas, his company, and all his em- guage and make sure that we’re not The amendment was agreed to. ployees? What happens to his business saying that, in fact, the alternative AMENDMENT NO. 8 OFFERED BY MS. ZOE without the president able to comply identification measures are biometric, LOFGREN OF CALIFORNIA with TWIC requirements through no and they’re not saying that we’re going The Acting CHAIRMAN. It is now in fault of his own? to use someone’s driver’s license as a order to consider amendment No. 8 The TWIC procedure already requires substitute for those procedures. printed in House Report 110–604. TSA to send pertinent parts of the en- I look forward to the conference, and Ms. ZOE LOFGREN of California. rollment record to the FBI as well as would be happy to yield to the chair- Madam Chairman, I have an amend- within the Department of Homeland man for his observations on the amend- ment at the desk. Security so that appropriate terrorist ment. The Acting CHAIRMAN. The Clerk threat, criminal history and immigra- Mr. OBERSTAR. I thank the gen- will designate the amendment. tion checks can be performed. This tleman for yielding. And I share those The text of the amendment is as fol- amendment authorizes the Secretary of concerns. lows: DHS to perform a secondary check if a Lockheed Martin, which has the con- Part B amendment No. 8 offered by Ms. person’s prints cannot be read instead tractor responsibility for issuance of ZOE LOFGREN of California: of telling them to come back in a cou- TWIC cards, has reported that finger- At the end of title VII add the following: ple of months. This would mean an ad- print rejection rate due to poor print

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00065 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.002 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6948 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 April 24, 2008 quality has been in the range of 2 per- currence, age, genetics, disease can working people who just can’t get their cent. If you happen to be one of those also cause dry skin. We need to address fingerprints taken to be put out of a 2 percent, then you really have a prob- this. job. So we are of one mind on this. I lem. And so that requires those who As you know, the TSA is supposed to thank the committee, all the Members. are rejected to keep coming back to an issue credentials to at least 850,000 Madam Chairman, I yield back the enrollment center. And the amendment workers by the end of September. Be- balance of my time. would alleviate mariners from having cause of these limitations, we need to The Acting CHAIRMAN. The ques- to make several trips. have a plan, TSA needs to have a plan, tion is on the amendment offered by I remember myself, when I was work- and this is why this amendment is im- the gentlewoman from California (Ms. ing my way through college, I was portant. A person’s skin should not ZOE LOFGREN). working at a concrete block factory. I prevent them from getting The amendment was agreed to. eventually wore out gloves and I said I credentialed for a job that they need. I AMENDMENT NO. 9 OFFERED BY MR. BISHOP OF can’t afford any more gloves, so I just urge support of this amendment. NEW YORK moved the concrete blocks with my The Acting CHAIRMAN. Who seeks The Acting CHAIRMAN. It is now in hands until eventually I had such thick time? order to consider amendment No. 9 calluses I had no fingerprint whatever, Ms. ZOE LOFGREN of California. printed in House Report 110–604. no markings on any of my fingers. It Madam Chairman, I would reserve the Mr. BISHOP of New York. Madam took months afterwards, back in col- balance of my time. Chairman, I have an amendment at the lege, to shed those calluses. So I can Mr. LATOURETTE. I would indicate desk. imagine workers on the docks and all to the gentlelady that if you’re pre- The Acting CHAIRMAN. The Clerk having similar problems. And I think pared to close, I will yield back when will designate the amendment. this relief for mariners will be very, you’re done. The text of the amendment is as fol- very beneficial. Ms. ZOE LOFGREN of California. Be- lows: I thank the gentleman for yielding. fore I yield back, let me just note that Part B amendment No. 9 offered by Mr. Mr. LATOURETTE. I would ask the I have no motivation to weaken the se- BISHOP of New York: distinguished chairman of the sub- curity of the—— At the end of title VII add the following: committee if he has any observations. The Acting CHAIRMAN. The gentle- SEC. ll. REPORT ON STATE AND LOCAL LAW Mr. CUMMINGS. I thank the gen- woman will suspend. ENFORCEMENT AUGMENTATION OF tleman for yielding. The Chair would note that the gen- COAST GUARD RESOURCES WITH RE- SPECT TO SECURITY ZONES AND I support this amendment, also. tlewoman from California has the right UNITED STATES PORTS. Under section 7–105 of title 46, United to close. Not later than 180 days after the date of States Code, the Department of Home- Mr. LATOURETTE. Then I am happy enactment of this Act, the Secretary of the land Security is required to issue a bio- to yield back the balance of my time. department in which the Coast Guard is op- metric credential to individuals who erating shall submit to the Committees on b 1300 are authorized to have unescorted ac- Transportation and Infrastructure and cess to secure areas, vessels and facili- The Acting CHAIRMAN. Because the Homeland Security of the House of Rep- ties. And some people are unable to ac- gentleman is not managing time in op- resentatives and the Committees on Com- complish that. I was just talking to my position, the proponent has the right merce, Science, and Transportation and to close. Homeland Security and Governmental Af- aid, who said that she went to see the fairs of the Senate a report on the extent to rollout and they didn’t pick up her fin- Mr. LATOURETTE. I just want to be which State and local law enforcement enti- gerprints, which was a bad day for clear as we move forward, Madam ties are augmenting Coast Guard resources them. And so I think we have to ad- Chairman. This has happened a couple by enforcing Coast Guard-imposed security dress this. of times. And I am not questioning the zones around vessels transiting to, through, We will work to ensure that this ruling of the Chair, but a couple of or from United States ports and conducting amendment would not alter the stand- times, the chairman of the committee, port security patrols. At a minimum, the re- ards in which a TWIC is issued in any Mr. OBERSTAR, has risen to claim time port shall specify– in opposition without being opposed to (1) the number of ports in which State and way; however, we need to provide op- local law enforcement entities are providing tions for individuals whose finger- the amendment and has claimed the any services to enforce Coast Guard-imposed prints, like my aid’s, cannot be used to right to close, and I just want to make security zones around vessels transiting to, authenticate the cards. sure we’re all squared away. through, or from United States ports or to I strongly support the amendment, The Acting CHAIRMAN. The asser- conduct security patrols in United States and we will tweak the TWIC. I thank tions of a Member from the floor are ports; the gentleman for yielding. not rulings. (2) the number of formal agreements en- tered into between the Coast Guard and Mr. LATOURETTE. I thank the Mr. LATOURETTE. No. You’re doing a great job and making great rulings. I State and local law enforcement entities to chairman and reserve the balance of engage State and local law enforcement enti- my time. just want to be clear as we move for- ties in the enforcement of Coast Guard-im- Ms. ZOE LOFGREN of California. At ward, because we have about six more posed security zones around vessels this point, I would also like to thank amendments. It is my understanding transiting to, through, or from United States Chairman THOMPSON of the Homeland that the chairman closed because he ports or the conduct of port security patrols Security Committee for his hard work was defending the position of the com- in United States ports, the duration of those on this bill. mittee, which I’m doing. If that’s not agreements, and the aid that State and local I yield 1 minute to the gentleman the ruling of the Chair, I’m happy to entities are engaged to provided through from Texas. live with the ruling of the excellent these agreements; (3) the extent to which the Coast Guard has Mr. CUELLAR. Madam Chairman, I Chair, but I just want to make sure set national standards for training, equip- rise in support of the amendment of- we’re squared away. ment, and resources to ensure that State and fered by Representative ZOE LOFGREN. But in the meantime, I’m yielding local law enforcement entities engaged in As you know, in order to obtain a back my time. enforcing Coast Guard-imposed security TWIC, a port worker must be Ms. ZOE LOFGREN of California. zones around vessels transiting to, through, fingerprinted. The problem is that it’s Madam Chairman, I will just note or from United States ports or in conducting not always possible to get an image of there is not much of a closing. We are port security patrols in United States ports the person’s fingerprint, as has been in agreement on this amendment. I ap- (or both) can deter to the maximum extent practicable a transportation security inci- mentioned a few minutes ago. From ex- preciate the support. I look forward to dent (as that term is defined in section 70101 cessive sweating to dry skin, all of that working further on this. of title 46, United States Code); can impede the capture of a useable Certainly, we don’t want to weaken (4) the extent to which the Coast Guard has fingerprint. Dry skin is a common oc- our security, but we don’t want hard- assessed the ability of State and local law

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00066 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.002 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 6949 enforcement entities to carry out the secu- A 2007 GAO report states that the as- and the extent to which law enforce- rity assignments which they have been en- sistance the Coast Guard already re- ment can meet those standards. I think gaged to perform, including their ability to ceives from State and local law en- it’s useful to have that information. meet any national standards for training, forcement is vital to meet security re- Madam Chairman, I would be happy equipment, and resources that have been es- tablished by the Coast Guard in order to en- quirements with limited resources. to yield to the gentleman from Ohio. sure that these entities can deter to the Some may point to this as a vindica- Mr. LATOURETTE. I thank the maximum extent practicable a transpor- tion of local law enforcement’s ability chairman very much for yielding. tation security incident (as that term is de- to share in the responsibilities of pro- Madam Chairman, we have no objec- fined in section 70101 of title 46, United tecting hazardous cargo from potential tion to the amendment and are pleased States Code); threats. I would argue that the GAO to accept it. I want to congratulate Mr. (5) the extent to which State and local law has shed a light on a more fundamental BISHOP, a valued member of the com- enforcement entities are able to meet na- issue: a lack of adequate Coast Guard mittee and the subcommittee. tional standards for training, equipment, and This will require the Coast Guard to resources established by the Coast Guard to resources and a potential new role for ensure that those entities can deter to the local law enforcement that has histori- report on the use and qualification of maximum extent practicable a transpor- cally been reserved for the Coast State and local officials used in a secu- tation security incident (as that term is de- Guard. This issue requires increased rity capacities at LNG facilities. fined in section 70101 of title 46, United scrutiny. I would just remark parenthetically States Code); After 9/11 and the absorption of the that I assume that the chairman was (6) the differences in law enforcement au- Coast Guard by the Department of able to close because he is much more thority, and particularly boarding authority, Homeland Security, considerable revered in the institution than I am, between the Coast Guard and State and local and I accept that and I also agree with law enforcement entities, and the impact strain was placed on Coast Guard re- that these differences have on the ability of sources. This shortfall is apparent as that assessment. State and local law enforcement entities to dozens of LNG proposals across the Mr. OBERSTAR. I thank the gen- provide the same level of security that the country compete for Coast Guard re- tleman. I think we got away with one Coast Guard provides during the enforce- sources to make waterways suitable for for a while. ment of Coast Guard-imposed security zones hazardous cargo. The Coast Guard on Madam Chairman, I yield such time and the conduct of security patrols in United several occasions has expressed its con- as he may consume to the distin- States ports; and cerns to Congress about the prolifera- guished Chair of the subcommittee. (7) the extent of resource, training, and Mr. CUMMINGS. I thank the chair- equipment differences between State and tion of LNG proposals that require ex- local law enforcement entities and the Coast tensive Coast Guard oversight. The man for yielding. Guard units engaged in enforcing Coast limited public discussion about who Madam Chairman, I fully support Guard-imposed security zones around vessels should provide these resources has led this amendment by Mr. BISHOP, the transiting to, through, or from United States to unanswered questions. Is this some- Vice Chair of our subcommittee. ports or conducting security patrols in thing that should be passed on to the This amendment would require the United States ports. consumer through the price of goods? Coast Guard to detail the extent to The Acting CHAIRMAN. Pursuant to Is this a local responsibility? Is this a which State and local law enforcement House Resolution 1126, the gentleman Federal responsibility? This amend- entities are augmenting Coast Guard from New York (Mr. BISHOP) and a ment begins the dialogue necessary to resources by conducting port security Member opposed each will control 5 clarify what ratio of responsibility is patrols and by aiding in the enforce- minutes. appropriate to protect hazardous cargo. ment of Coast Guard-imposed security The Chair recognizes the gentleman It is vital to maritime security to de- zones around vessels entering our from New York. termine the role local law enforcement ports. Mr. BISHOP of New York. Madam should play in protecting hazardous While I have the utmost respect for Chairman, I yield myself such time as cargo so that, as policymakers, we can State and local law enforcement, the I may consume. determine exactly what the Coast subcommittee is concerned that such Let me start by thanking Chairman Guard needs to protect and preserve entities may be undertaking maritime OBERSTAR and Chairman CUMMINGS and America’s waterways. patrols to augment the Coast Guard’s Ranking Member LATOURETTE for their Madam Chairman, I encourage my resources without having previously leadership and tireless advocacy on be- colleagues to support this amendment. had experience performing law enforce- half of the Coast Guard. I would also Madam Chairman, I reserve the bal- ment functions on the water and with- like to express my gratitude for the in- ance of my time. out fully understanding what it takes valuable service provided by our exem- Mr. OBERSTAR. Madam Chairman, I to respond to the unique threats that plary Coast Guardsmen and women ask unanimous consent to claim time confront our Nation in the maritime every day. in opposition to the amendment, even environment. My amendment would require the though I am not opposed. The study required by Mr. BISHOP’s Coast Guard to study the extent to The Acting CHAIRMAN. Without ob- amendment would provide the critical which State and local law enforcement jection, the gentleman from Minnesota assessment that is needed both of augment Coast Guard resources by en- is recognized for 5 minutes. whether the Coast Guard has estab- forcing Coast Guard-imposed security There was no objection. lished adequate training, resource, and zones around vessels transiting to and Mr. OBERSTAR. I want to start by equipment standards for State and from U.S. ports and conducting port se- thanking the Chair and the Parliamen- local law enforcement units performing curity patrols. The amendment re- tarian for clarification of a rule of the maritime patrols and the extent to quires the Coast Guard to study and House that somehow escaped my un- which law enforcement can meet these clarify their relationship with local derstanding, and it was interesting to standards. law enforcement, the standards set to have that explanation. I apologize to I fully support the amendment. ensure that local law enforcement of the gentleman from Ohio if we had Mr. BISHOP of New York. Madam Coast Guard security zones can deter a some missteps even to the advantage of Chairman, let me simply close by security incident. The amendment also the committee. thanking Chairman OBERSTAR and seeks to identify the differences in law Of course, I support the amendment, Chairman CUMMINGS and Mr. enforcement authority, particularly as I said at the outset. It’s a study and LATOURETTE for their support of this boarding authority, between the Coast report amendment to provide a critical amendment. Guard and local law enforcement. This assessment of how much the Coast Madam Chairman, I yield back the amendment is necessary given evidence Guard has done to establish standards balance of my time. that the Coast Guard is overextended for State and local law enforcement The Acting CHAIRMAN. The ques- around the country. units that perform maritime patrols tion is on the amendment offered by

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00067 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.002 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6950 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 April 24, 2008 the gentleman from New York (Mr. funds to start off. So the legislation Mr. CUMMINGS. Will the gentleman BISHOP). limits that transfer of dollars to 1 year, yield? The amendment was agreed to. and we will work to assure the Mr. BROUN of Georgia. I yield to the AMENDMENT NO. 10 OFFERED BY MR. BROUN OF strengthening of that language to gentleman from Maryland. GEORGIA make sure that that’s only for 1 year. Mr. CUMMINGS. I thank the gen- The Acting CHAIRMAN. It is now in And then in the meantime, as I said in tleman for yielding. order to consider amendment No. 10 an earlier discussion on this matter, we I just wanted to say that we are very printed in House Report 110–604. will go to the Appropriations Com- concerned, as you are, and please note Mr. BROUN of Georgia. Madam mittee, I hope in a bipartisan effort, to that no TWIC applicants have re- Chairman, I have an amendment at the ask them to provide sufficient addi- quested an ALJ hearing as of April 13. desk that has been made in order by tional funding for the Coast Guard to The Acting CHAIRMAN. The gen- the rule. continue to carry out its missions. tleman from Georgia’s time has ex- The Acting CHAIRMAN. The Clerk Mr. BROUN of Georgia. I thank you pired. will designate the amendment. for that assurance. It’s certainly a Mr. LATOURETTE. Madam Chair- The text of the amendment is as fol- huge issue, as far as I’m concerned, as man, I would like to claim the time in lows: we deal with Homeland Security and opposition to the amendment even Part B amendment No. 10 offered by Mr. TWIC cards. So I greatly appreciate the though I am not opposed and would BROUN of Georgia: chairman’s assurance of that, and I’m continue to yield to the distinguished Strikes titles X and XI. looking forward to that bipartisan ef- chairman of the subcommittee. The Acting CHAIRMAN. Pursuant to fort. We, unfortunately, don’t have The Acting CHAIRMAN. Without ob- House Resolution 1126, the gentleman enough bipartisanship and bipartisan jection, the gentleman from Ohio is from Georgia (Mr. BROUN) and a Mem- effort here; so I thank the chairman for recognized for 5 minutes. ber opposed each will control 5 min- that. There was no objection. utes. Reclaiming my time, Madam Chair- Mr. CUMMINGS. I thank the gen- The Chair recognizes the gentleman man, with respect to title XI, I’m con- tleman for yielding. from Georgia. cerned that the current language Madam Chairman, I want to join might give the appearance of elevating Mr. BROUN of Georgia. Madam with Chairman OBERSTAR in strongly Chairman, I yield myself such time as the Coast Guard’s marine safety mis- opposing this amendment. But we do I may consume. sion above its other critical missions, plan to work with the gentleman on I am offering this amendment be- such as search and rescue, national de- this. fense, and port security. cause I am concerned about the intent Title X grants mariners a ‘‘change of Can you confirm for me, Mr. Chair- and the function of title X and title XI. venue’’ when they appeal the suspen- I would like to seek some clarification man, that it is not your intent to ele- vate this one mission above other mis- sion and revocation of their profes- from the chairman of the Committee sional credentials from an Administra- on Transportation and Infrastructure, sions that are critical for the Coast Guard? tive Law Judge system controlled by my friend from Minnesota (Mr. OBER- I yield to the gentleman from Min- the very same Coast Guard that is STAR), if he would join me in a discus- nesota. seeking to take their credentials to a sion. Mr. OBERSTAR. Again I thank the system located in a neutral agency, the Mr. OBERSTAR, with respect to title gentleman for yielding. National Transportation Safety Board. X, I’m concerned that if we transfer 80 It is certainly not our intent to ele- b 1315 percent of the funding for the Coast vate marine safety. Marine safety is Guard Administrative Law Judge func- one of several functions of the Coast I note that title X would move only tions to the National Transportation Guard. But as I said in earlier debates, Coast Guard suspension and revocation cases to NTSB. All other cases cur- Safety Board, the Coast Guard will not when Mr. YOUNG, then chairman of the be able to manage the appeals process committee, and I were at the White rently heard by the Coast Guard ALJ, of any of the truck, rail, and port House at the earliest stages of creating including cases from TSA, would be un- workers who might be denied the the Department of Homeland Security, affected by title X. I know that the Transportation Worker Identification we raised this issue at the White House concerns have been raised by the gen- Credential, or TWIC, card. My concern and said, You’re not making clear tleman and that the changes proposed is that we will create a bottleneck in enough distinction between the home- in title X would leave the Coast Guard the appeals process, effectively slowing land security role of the Coast Guard ALJ program without the resources to TWIC appeals and preventing American and the other functions, search and handle the TSA, but we certainly ques- workers from gainful employment rescue, marine safety, aid in naviga- tion that. However, I note that the while appeals are adjudicated. tion, and so on. So we’re now providing cases heard by the Coast Guard’s ALJ Can you assure us that when this bill that clear delineation, assuring there for TSA and for other agencies, like emerges from conference that you will are adequate resources, providing addi- NOAA, are heard on a cost reimburse- make sure that the Coast Guard re- tional personnel to the Coast Guard, ment basis. Title X would continue to tains sufficient resources to address the first really substantial increase in allow agencies to reimburse the Coast the expected TWIC appeal workload re- Coast Guard personnel since I came to Guard ALJ for the costs associated sulting from the million workers that Congress in 1975. And I’m really insist- with adjudication of those cases are applying? ent on this, that we do not elevate Further, I’d note that since TSA was I yield to the gentleman from Min- above that but that we clearly delin- established, that agency has filed 504 nesota. eate the marine safety function of the civil penalty cases with the Coast Mr. OBERSTAR. I thank the gen- Coast Guard. Guard ALJ, 60 cases remain pending, a tleman for yielding. Mr. BROUN of Georgia. Certainly total of 230 cases did not proceed to an Certainly it’s our intention to pro- that’s important. adjudication. Orders granting motions tect the resources of the Coast Guard. And reclaiming my time, I thank the for a decision were issued in 156 cases, We will work to assure that when a bill gentleman for his assurances, and I ap- and dismissal orders were granted in emerges from conference that there preciate his willingness to engage in four cases. will be sufficient change, that we will this dialogue to clarify the intent of Finally, let me say this. No TWIC ap- not elevate one mission above any these two titles and his commitment to plicants have requested an ALJ hear- other critical Coast Guard mission. work with me in conference to ensure ing as of April 13, though there have And as further clarification, it was that the Coast Guard has the authori- been 230 enrollments, and they started simply a request from NTSB that at ties and resources it needs to secure enrolling back in October of 2007. Deci- least for 1 year we transfer adequate our homeland. sions and orders were issued in only 54

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00068 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.002 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 6951 cases, which would be an average of Mr. BROUN of Georgia. Madam Congressional nomination process deserves about nine cases per year. Chairman, I submit for the RECORD two full discussion and deliberate consideration. So, again, we have the same con- letters, a statement from the Com- Other new provisions that affect how we exe- cerns, and I hope you understand why mandant of the Coast Guard, as well as cute our missions deserve similar scrutiny. Conversely, the bill omits the Administra- this even came about, because we have the letter from TSA stating their con- tion proposal for much needed enhanced au- some very painful testimony from cern on these titles. thority to prosecute those who would smug- mariners about how they felt that the U.S. DEPARTMENT OF HOMELAND SE- gle undocumented aliens into the United system was already set up against CURITY, UNITED STATES COAST States by sea (Maritime Alien Smuggling them before they got into the hearing GUARD, Law Enforcement Act) and the Administra- room. And we had testimony from Ad- Washington, DC, April 23, 2008. tion’s proposal to protect seafarers who par- ministrative Law Judges who were con- Hon. JAMES L. OBERSTAR, ticipate in investigations and adjudication of cerned that an atmosphere of unfair- Chairman, Committee on Transportation and environmental crimes or who have been Infrastructure, House of Representatives, abandoned in the United States (Protection ness was being pushed upon them by Washington, DC. of and fair treatment of seafarers). those who may have been above them. DEAR CHAIRMAN OBERSTAR: On April 18, the Over the last year in the course of hear- So I think that the ranking member Committee filed with the Rules Committee ings, personal meetings with you, and re- and I and other members of our com- an amendment in the nature of a substitute gional forums with industry, as well as in mittee agreed that we needed to do to H.R. 2830, that would be retitled the my public statements, I have assured you something, and we thought this was ‘‘Coast Guard Authorization Act of 2008.’’ and the public that we share a common ob- the best vehicle. We have the same During numerous meetings and staff-level jective: a robust marine safety program suit- concerns that you have. discussions over several months, we have de- ed to meet the evolving demands of industry With that, I want to thank the gen- scribed how a number of provisions that ap- and the marine public. I am already taking pear in this amendment would compromise aggressive steps to right the balance between tleman for yielding. organizational efficiency and operational ef- our marine safety mission and our other Mr. BROUN of Georgia. Will the gen- fectiveness, diminish my command and con- vital responsibilities, and improve the effec- tleman yield? trol, and ultimately reduce the Coast tiveness, consistency, and responsiveness of Mr. LATOURETTE. I yield to the Guard’s effectiveness in carrying out its our marine safety program, consistent with gentleman from Georgia. safety, security, and stewardship missions. the framework I presented to you last Sep- Mr. BROUN of Georgia. My concern We have expressed these and other concerns tember. Legislation such as the provisions I was that the GAO is going to inves- in Department of Homeland Security views describe above was unnecessary to start this tigate any improprieties within the letters concerning earlier bill language. The process. As I have stated on several occa- current Administrative Law Judge amendment also contains provisions neither sions, I am the Commandant and am ac- previously shared nor discussed with the countable to you to produce the changes System, and that GAO report hasn’t Coast Guard. needed to improve program performance. been completed. This just seems pre- One provision requiring that the Coast Including these provisions and others in an mature. That is what drew my concern, Guard provide security around liquefied nat- Authorization Act that would otherwise be and I appreciate the chairman’s assur- ural gas terminals and tankers is contrary to welcome compels me to strongly oppose the ances. the existing assistance framework, at odds bill. With that, I have got one more state- with accepted risk management practices, Sincerely, ment. and would divert finite Coast Guard assets T.W. ALLEN, from other high-priority missions. I rec- Admiral, U.S. Coast Guard Commandant. Mr. LATOURETTE. Reclaiming my ommend a broader discussion of security time for a minute, it is my under- measures for all extremely hazardous car- U.S. DEPARTMENT OF HOMELAND SE- standing that the gentleman from goes. In the Statement of Administration CURITY, TRANSPORTATION SECU- Georgia is going to ask unanimous con- Policy on H.R. 2830, the Administration has RITY ADMINISTRATION, sent to withdraw his amendment, and I stated that, if the bill is presented to the Arlington, VA, April 22, 2008. want to express my appreciation be- President with this provision, his senior ad- Hon. PETER T. KING, cause the amendment, from my per- visors would recommend that he veto the Ranking Member, Committee on Homeland Se- spective, is problematic. We do concur bill. curity, House of Representatives, Wash- in the concerns that have been ex- Among the others is one that, while simi- ington, DC. lar to the Administration’s proposal, fails to DEAR CONGRESSMAN KING: I am writing to pressed in the colloquy between the authorize the President to appoint officers to express the Transportation Security Admin- chairman and Mr. BROUN, and I want to positions of importance and responsibility to istration’s (TSA) strong opposition to Title congratulate Dr. BROUN as another new accommodate organizational change in the X—Appeals to National Transportation Safe- Member of the House who has really future (Admirals and Vice Admirals). Others, ty Board (NTSB) of the manager’s amend- stepped up to the plate and brought im- primarily involving our important marine ment to H.R. 2830, the ‘‘Coast Guard Author- portant issues before this body. safety mission, would statutorily fix the des- ization Act of 2007.’’ Title X would transfer I would tell the gentleman that we ignation and duties of other senior Coast Coast Guard Administrative Law Judge did have some pretty illuminating Guard officials and officials at all levels of (ALJ) authority for review of merchant mar- command, and prescribe inflexible personnel iner documentation and 80 percent of the hearings on the Administrative Law qualification requirements. Still other provi- Coast Guard ALJ budget to the NTSB. This Judge, and the current Acting Chair- sions would diminish the Coast Guard’s ca- could have an adverse impact upon the adju- man and I both served as prosecuting pacity to adjudicate merchant mariner li- dication of TSA’s civil enforcement cases attorneys, she was also a judge, and I censing matters efficiently and effectively and anticipated cases dealing with the would tell you that my experience, and and support other vital security adjudica- Transportation Worker Identification Cre- I think she would echo this, is that tions of the Department of Homeland Secu- dential (TWIC) program. people can accept when they come into rity (Appeals to National Transportation TSA questions whether sufficient legal, ad- a forum if they lose, as long as they be- Safety Board). Still more provisions would ministrative, and budget resources will con- prescribe contracting and acquisition prac- tinue to be provided to the Coast Guard to lieve that they have lost fairly. The tices for the Deepwater program, thereby in- support its remaining ALJ functions, includ- testimony that we received was that creasing the cost of, and adding delay to, the ing adjudication of TSA security cases. there are a number of people that don’t Deepwater acquisition process, as well as cir- For more than 5 years, TSA has been ex- have that feeling going in. It was our cumventing the review and approval author- tremely well served by the Coast Guard hope by making this small adjustment ity of Coast Guard technical authorities ALJs as fair, impartial, and responsive adju- that even when they are ruled against, (Coast Guard Integrated Deepwater Pro- dicators in security cases involving individ- they will say, I got my day in court. gram). uals in the transportation sector. Under an That was the objective. I do appre- Among the new provisions is one that dra- interagency agreement, Coast Guard ALJs ciate the gentleman’s concern. I prom- matically alters admission procedures for play a major role in TSA’s enforcement and the U.S. Coast Guard Academy. While I have security credentialing programs. They adju- ise him that we will continue to work discussed Academy admissions several times dicate aviation security civil penalty cases, on it as it goes to conference. with Chairman Cummings and we agree that Hazardous Materials Endorsement (HME) I would be happy to yield once again our process should yield successful cadets and TWIC denials of requests for waivers and to the gentleman from Georgia. and reflect our diverse society, the proposed appeals from individuals who have received a

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00069 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.002 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6952 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 April 24, 2008 Final Determination of Threat Assessment; TITLE ll—ADDITIONAL MISCELLANEOUS I am consistently asked and con- appeals by air cargo workers who have re- PROVISIONS tacted by local officials in my district ceived a Final Determination of Threat As- SEC. ll. MISSION REQUIREMENT ANALYSIS FOR who are asking for more support in sessment; and appeals by individuals holding NAVIGABLE PORTIONS OF THE RIO their border security effort, specifi- or applying for Federal Aviation Administra- GRANDE RIVER, TEXAS, INTER- tion certificates, ratings, or authorizations NATIONAL WATER BOUNDARY. cally for help in patrolling the inter- who have received a Final Determination of Not later than 90 days after the date of the national waters of the Rio Grande. Un- Threat Assessment. enactment of this Act, the Secretary of the fortunately, the local law enforcement In the absence of sufficient ALJ legal and department in which the Coast Guard is op- agencies and the border patrol have administrative resources at the Coast Guard, erating shall prepare a mission requirement limited resources for patrolling the TSA does not regard NTSB ALJs as a good analysis for the navigable portions of the Rio international water boundary. As the alternative. Coast Guard ALJs have substan- Grande River, Texas, international water Rio Grande represents over 1,200 miles tial expertise in fair adjudication of security boundary. The analysis shall take into ac- count the Coast Guard’s involvement on the of international border, I believe that programs. NTSB ALJs do not have expertise it is time to address the critical need in transportation security matters. As TSA Rio Grande River by assessing Coast Guard continually expands the implementation of missions, assets, and personnel assigned to provide security on the Rio Grande the TWIC program and the Coast Guard en- along the Rio Grande River. The analysis River and not just along the shores of forces it at our Nation’s seaports, TSA and shall also identify what would be needed for the Rio Grande River. TWIC applicants will benefit from the sub- the Coast Guard to increase search and res- My amendment would charge the stantial experience Coast Guard ALJs have cue operations, migrant interdiction oper- U.S. Coast Guard to analyze what the in the maritime security environment. ations, and drug interdiction operations. current mission is along the inter- In addition, Coast Guard ALJs have been The Acting CHAIRMAN. Pursuant to national waters, including personnel sensitive to the challenges faced by individ- House Resolution 1126, the gentleman and assets assessment. My amendment uals representing themselves in a formal ad- from Texas (Mr. CUELLAR) and a Mem- also asks the U.S. Coast Guard to iden- ministrative process and have worked with ber opposed each will control 5 min- TSA to develop simplified procedures. tify what resources will be needed to utes. TSA and Coast Guard have worked to- increase the Coast Guard presence gether for years to establish caseload man- The Chair recognizes the gentleman along the international boundary. agement procedures, agreements, and fund- from Texas. Madam Chair, there has been many ing processes to efficiently handle TSA Mr. CUELLAR. Thank you, Madam discussions as to how to best secure the cases. For example, the Coast Guard serves Chair. I yield myself such time as I United States border along with Mex- as TSA’s Docketing Center for its formal may consume. ico. My amendment would simply hearing process. Shifting the workload to First, I want to thank Chairman allow us to consider the possibility of ALJs of another agency would create a huge OBERSTAR and also Chairman increasing the Coast Guard’s presence setback for TSA enforcement and adminis- CUMMINGS and the ranking member tration. ALJ coverage, budgeting, processing in the area of unquestionable, the time, and even geographic availability would from Ohio for the work that they have international waters of the Rio Grande have to be reassessed and reestablished, a done on this particular bill, and also, River. process that may take several years. Chairman THOMPSON, from the I reserve the balance of my time. In addition, TSA’s HME and TWIC are fee- Committe on Homeland Security, for Mr. MCCAUL of Texas. Madam Chair- based programs. TSA developed its fee mod- the work that they did on this bill to- man, I ask for unanimous consent to els based on Coast Guard cost estimates and gether. claim time, although I am not opposed processing models. If conditions necessitate I also understand, Madam Chair, that to the amendment. TSA’s seeking ALJ services outside Coast this amendment is acceptable both to The Acting CHAIRMAN. Without ob- Guard, this could affect program costs, and the majority and the minority, and it’s consequently, fees for applicants. jection, the gentleman is recognized also bipartisan. I believe Congressman I would appreciate your consideration of for 5 minutes. TSA’s concerns about the potential adverse MCCAUL will be speaking on this There was no objection. impact of Title X on the efficient adjudica- amendment in a few minutes. Mr. MCCAUL of Texas. I rise in sup- tion of important TSA security cases. Madam Chair, today the U.S. House port of this amendment. I want to com- Identical letters have been sent to the of Representatives has an opportunity mend my colleague, Congressman Chairman of the House Homeland Security to improve the important and critical CUELLAR, for bringing this amendment Committee as well as the Chairman and mission of the United States Coast to the floor, and I am honored to sup- Ranking Member of the House Committee on Guard. One of the Coast Guard’s most port it. He has a great deal of expertise Transportation and Infrastructure. Please do important functions is providing safety in this area. We have traveled to the not hesitate to contact Ms. Claire Heffernan, and security in international waters. I Acting Assistant Administrator for Legisla- border towns together, both on the tive Affairs, at (571) 227–2717 if you have any was born in Laredo, Texas. Laredo is United States side and in Mexico, and I questions about this matter. located on the international border be- met with law enforcement on both Sincerely yours, tween the United States and Mexico. sides of the aisle and with government KIP HAWLEY, Our border is divided by the inter- officials and we served on the United Assistant Secretary. national waters called the Rio Grande States-Mexico Interparliamentary I ask unanimous consent to withdraw River. Group. He understands the importance my amendment. There have been many efforts to im- of security at the border, and particu- The Acting CHAIRMAN. Without ob- prove security along the U.S.-Mexico larly in the post 9/11 world. jection, the amendment is withdrawn. border. Some of those partnerships be- Currently, there is little Coast Guard There was no objection. tween the local and Federal Govern- presence on international waterways ment law enforcement agencies have shared with Mexico. This amendment AMENDMENT NO. 11 OFFERED BY MR. CUELLAR proven to be beneficial. The border se- would require the United States Coast The Acting CHAIRMAN. It is now in curity responsibilities shared by law Guard to provide an analysis of their order to consider amendment No. 11 enforcement departments are com- mission strength for the navigable por- printed in House Report 110–604. plicated for the first responders from tions of the Rio Grande River in Texas. Mr. CUELLAR. Madam Chairman, I the local communities that are located The amendment also asks the U.S. have an amendment at the desk. on the international waters of the Rio Coast Guard to identify what resources The Acting CHAIRMAN. The Clerk Grande. The safety of the international would be needed to increase the Coast will designate the amendment. boundary is a national security con- Guard’s presence along the inter- The text of the amendment is as fol- cern, as the level of violence in Mexico national boundary of the Rio Grande lows: increases and spills across the border. River. Part B amendment No. 11 offered by Mr. Drugs, cash, and people continue to One of the Coast Guard’s most impor- CUELLAR: cross the border into the United tant functions is providing safety and Add at the end the following: States, despite our efforts. security in international waters, and

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00070 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.002 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 6953

the safety of the international border thored with Mr. EMANUEL in H.R. 801, have been a cross-reference as we in- is a national security concern as the will close this dangerous and expensive serted one provision in the bill so that level of violence in Mexico increases loophole that, unfortunately, has so the interlake transfer of ballast water and continues to spill across our bor- radically changed the Great Lakes en- would have been covered. Unfortu- der. Contraband and undocumented vironment. nately, it was an oversight that the people continue to pass and cross the However, there is another loophole legislative counsel did not catch in border into the United States, despite which currently exists in the bill which time, and our committee staff found it our best efforts. This amendment may could help spread endemic diseases af- after the manager’s amendment had also pave the way for future studies as- fecting a myriad of Great Lakes fish. been already presented. So through the sessing the need for Coast Guard pres- Viral hemorrhagic septicemia, or VHS, vigilance of the gentleman from Illi- ence in other areas of the United is a highly contagious viral disease nois and his concern for interlake States where waterways are shared on that caused a significant number of transfer, we certainly accept this pro- the border of Mexico and with Canada. fish deaths in North America since its vision. So having said that, I want to thank introduction just in 2005. This virus is I am very happy to report that not my colleague, Mr. CUELLAR, for bring- only present in four of the five Great only did we deal with invasive species ing this amendment, and I rise in sup- Lakes so far, and threatens to cost bil- in the WRDA bill, but also in this port. lions of dollars to the region in lost Coast Guard bill. It is the first time we I yield to my colleague from Ohio. fishing and tourism revenue. have enforcement language on invasive Mr. LATOURETTE. I thank the gen- While the bill currently requires for- species and interlake transfer. As the tleman for yielding. eign ships to treat their ballast tanks gentleman from Michigan (Mr. EHLERS) We are not opposed to this amend- in order to prevent new diseases from said earlier today, this is a bad day for ment. We are willing to accept the entering the Great Lakes, it exempts invasive species. This is another bad amendment, which requires the Coast vessels from treating their ballast moment for invasive species. Guard to develop mission needs down tanks when they operate exclusively I also want to mention that either on the Rio Grande. I want to congratu- inside the Great Lakes. This is a loop- next week or the following week I have late Mr. CUELLAR and Mr. MCCAUL, who hole which should be closed in the a meeting, the subject of which I have looks remarkably like Mr. event of an emergency pathogen out- already discussed with Mr. FORTENBERRY, for bringing this amend- break. While the Great Lakes ships do LATOURETTE, with one of our major ment before the House. We accept it. not introduce new pathogens into the interlake shipping companies and other Mr. CUELLAR. I just want to thank lakes, they can fully transmit a disease entities to put in place this shipping again the Chairman, Mr. OBERSTAR; from one lake to another. Currently, season a control pilot program for bal- Mr. THOMPSON, Mr. CUMMINGS, the Lake Superior is not yet infected with last water for lakers. The lakers ranking member from Ohio, and of VHS. present a more complicated challenge course the gentleman from Texas (Mr. My amendment would close the loop- on ballast water exchange because they MCCAUL). hole by providing the Secretary of Ag- have four or five times as many ballast I yield the balance of my time. riculture with the authority to request chambers as do the salties coming into The Acting CHAIRMAN. The ques- that Great Lakes vessels install ballast the Great Lakes, and dealing with the tion is on the amendment offered by water treatment systems approved by volume of water and the number of bal- the gentleman from Texas (Mr. the Coast Guard, should the Secretary last chambers and the treatment tech- CUELLAR). deem it necessary in order to prevent nology, it becomes much more com- The amendment was agreed to. the spread of an infectious disease from plicated for interlake shipping. AMENDMENT NO. 12 OFFERED BY MR. KIRK one Great Lake to another. The amend- We are going to address that this The Acting CHAIRMAN. It is now in ment is supported by the Healing Our summer. We are going to put in place a order to consider amendment No. 12 Waters, Great Lakes Coalition. pilot program and explore all of the printed in House Report 110–604. I want to thank the chairman and treatment methodologies and equip- Mr. KIRK. Madam Chairman, I have ranking minority member, my col- ment and chemicals and how to treat an amendment at the desk. league from Ohio, for working with me those chemicals before they are again The Acting CHAIRMAN. The Clerk on this very important amendment. discharged back into the waters of the will designate the amendment. It’s crucial that we provide the Depart- Great Lakes. And the viral hemor- The text of the amendment is as fol- ment of Agriculture with the authority rhagic septicemia issue is chief among lows: to prevent the spread of VHS to a lake those. I think science still doesn’t Part B amendment No. 12 offered by Mr. like Lake Superior and to give them know how to address it. But it and KIRK: the authority to slow down or stop the other such assaults upon this one-fifth Page 184, line 22, after ‘‘subparagraph (A)’’ spread of other infectious pathogens. of all the fresh water upon the face of insert ‘‘or (B).’’ We must provide officials with all the the Earth is vital. We make an assault The Acting CHAIRMAN. Pursuant to necessary tools that they need to pro- upon it in this legislation, and we are House Resolution 1126, the gentleman tect this critical ecosystem, the crown determined to follow it through. from Illinois (Mr. KIRK) and a Member jewel of the Midwest environment. I thank the gentleman for his amend- opposed each will control 5 minutes. I reserve the balance of my time. ment. The Chair recognizes the gentleman I yield to the gentleman from Ohio. 1330 from Illinois. b Mr. LATOURETTE. I thank the Mr. KIRK. I rise in strong support of Mr. OBERSTAR. Madam Chairman, I chairman for yielding. the underlying legislation, which pro- ask unanimous consent to claim the Madam Chairman, we wholeheartedly vides critical protection for our Na- time in opposition, though I do not in- support this amendment and congratu- tion’s waterways. For the first time, tend to oppose the amendment. late the gentleman from Illinois (Mr. this legislation requires ballast water The Acting CHAIRMAN. Without ob- KIRK) for his catch and for his unwav- treatment of ships entering the Great jection, the gentleman from Minnesota ering diligence and vigilance on Great Lakes, which claim to have no ballast is recognized for 5 minutes. Lakes water quality issues. Those of us water on board. These ships were pre- There was no objection. that have the pleasure to represent dis- viously not subject to any exchange or Mr. OBERSTAR. Madam Chairman, I tricts that are near or abut the Great treatment requirements, and that cre- want to thank the distinguished gen- Lakes know the damage that has been ated a massive loophole through which tleman from Illinois (Mr. KIRK) for of- done by invasive species, both plants, invasive species were introduced in our fering this amendment. It does indeed animals and pathogens. The gentle- precious Great Lakes. I am very happy correct a technical mistake and over- man’s amendment improves upon our that this provision, similar to one I au- sight in drafting the bill. There should bill.

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00071 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.002 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6954 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 April 24, 2008 As I said before during general de- Part B amendment No. 14 offered by Ms. The assessment should at a minimum bate, I am so proud of this committee’s JACKSON-LEE of Texas: examine the feasibility of keeping work on this ballast water exchange At the end of title VII add the following those enrollment sites open 24 hours new section: program. It really is a shining example per day, 7 days per week, in order to SEC. ll. ASSESSMENT OF TRANSPORTATION SE- of how Members of both parties can CURITY CARD ENROLLMENT SITES. better handle the large number of ap- come together and do the right thing (a) IN GENERAL.—Not later than 30 days plicants for such cards, the feasibility and the noble thing, and that, of after the date of the enactment of this Act, of keeping those enrollment sites open course, all begins at the top with the Secretary of Homeland Security shall after September 25, 2008, and the qual- Chairman OBERSTAR’s leadership. prepare an assessment of the enrollment ity of customer service, including the Mr. OBERSTAR. Madam Chairman, I sites for transportation security cards issued periods of time individuals are kept on under section 70105 of title 46, United States yield to the chairman of the sub- Code, including— hold on the telephone, appointments committee. (1) the feasibility of keeping those enroll- are kept, and processing times for ap- Mr. CUMMINGS. I want to thank the ment sites open 24 hours per day, and 7 days plications. We are here to help. gentleman for the amendment. With- per week, in order to better handle the large In our committee, we have heard out a doubt, it makes the bill better. I number of applications for such cards; over and over again, everyone is trying too am very proud of what we have (2) the feasibility of keeping those enroll- to meet the deadline. DHS, the Depart- been able to accomplish with regard to ment sites open after September 25, 2008; ment of Homeland Security, has a ballast water. We have a duty to pro- (3) the quality of customer service, includ- deadline. We believe as Members of ing the periods of time individuals are kept tect our environment, and this goes a on hold on the telephone, whether appoint- Congress they should have a deadline long ways towards it. ments are kept, and processing times for ap- to secure America, but we must make Mr. OBERSTAR. Again, it is not just plications. sure that the deadline is realistic in the Great Lakes, it’s the saltwater (b) TIMELINES AND BENCHMARKS.—The Sec- light of the resources and the tools ports as well. Our colleagues on the retary shall develop timelines and bench- that they have to comply. west coast for many years, I remember marks for implementing the findings of the Madam Chairman, I continue to re- in the seventies and eighties, were say- assessment as the Secretary deems nec- ceive firsthand accounts from my con- essary. ing, what are you worried about stituents in and around the Nation invasive species for? Then curious crea- The Acting CHAIRMAN. Pursuant to that deal with the question of trans- tures began to appear in the waters of House Resolution 1126, the gentle- portation workers and operators who the ports on the west coast from bal- woman from Texas (Ms. JACKSON-LEE) are frustrated because of sometimes last water discharged in those ports and a Member opposed each will con- the unsatisfactory performance of from vessels leaving the Pacific Rim, trol 5 minutes. TWIC enrollment sites. The Chair recognizes the gentle- from Japan to Korea to the South I have spoken with a multitude of woman from Texas. people from throughout the country China Sea. So this is a unified effort Ms. JACKSON-LEE of Texas. Madam who have shared with me the great dif- here. Chairman, as I indicated in the general Mr. KIRK. Madam Chairman, just to debate, this is an exercise in unity as ficulty they experience due to adminis- conclude, the West has the Grand Can- relates to the safety and security of trative obstacles obtaining their TWIC yon as its crown jewel of the environ- the Nation and, of course, the reau- cards. These obstacles include the lack ment. Florida has the Everglades. But thorization and the emphasis of the of enrollment sites or the difficulty in for us in the Midwest, it is the Great specialness of the Coast Guard. I am getting to the enrollment sites, mak- Lakes. delighted to come from the fourth larg- ing appointments at enrollment sites We have seen a failure to properly est city in the Nation and to have a which are not kept, long processing manage shipping in the past introduce very large port that benefits from the lines for applications, and staying on a number of alien species. Our environ- outstanding service of the U.S. Coast hold for hours on the telephone. While ment has suffered from the introduc- Guard. we have made securing our Nation a tion of the lamprey eel, the rock goby, I want to thank Chairman OBERSTAR priority, we must ensure we do so in the fishhook flea, and now viral hemor- for not only his eloquence, but his the most productive way. rhagic septicemia. This legislation is long-standing history and knowledge of Let me just briefly say what we have essential to slow down the assault on what we needed to do in this Congress, seen from the State of Texas and the Great Lakes with these new species the chairman of the subcommittee, Mr. around the Nation. For example, a ma- introduced into our critical ecosystem. CUMMINGS, and as well the distin- rine worker at the Houston Port en- I want to thank my colleagues from guished, as they all are distinguished, rolled on December 13, 2007, at the Minnesota and from Ohio for joining ranking member of the full committee, Houston center. To this date, he does together with this critical legislation, the distinguished gentleman from not have a card. He remained on hold and urge adoption of the amendment. Ohio, working on this along with my for 4 hours and 10 minutes and was fi- Madam Chairman, I yield back the full committee chair, Mr. THOMPSON. I nally told by the operator that he balance of my time. serve as the Subcommittee Chair on would have to return to Houston to be The Acting CHAIRMAN. The ques- Transportation, Security, and Infra- fingerprinted again after April. Inci- tion is on the amendment offered by structure Protection. We have had a dentally, a representative of the the gentleman from Illinois (Mr. KIRK). number of opportunities to work to- Higman Marine Services asked the The amendment was agreed to. gether. So we are filled with tasks, and same question about the employee. The Acting CHAIRMAN. It is now in those tasks must be addressed. That person was told that they should order to consider amendment No. 13 I rise in support of the legislation. not return until June. printed in House Report 110–604. My amendment is a simple but impor- These inconsistencies in service and AMENDMENT NO. 14 OFFERED BY MS. JACKSON- tant addition to this vital legislation, information are not helping us get our LEE OF TEXAS which I believe can be supported by TWIC cards to those individuals, hard- The Acting CHAIRMAN. It is now in every Member of the House. working Americans who need to have a order to consider amendment No. 14 My amendment calls for the Sec- job and a TWIC card to work. printed in House Report 110–604. retary of Homeland Security to prepare Furthermore, another transportation Ms. JACKSON-LEE of Texas. Madam an assessment of the enrollment site worker went to the Beaumont center Chairman, I have an amendment at the for the Transportation Worker Identi- about 3 weeks ago to pick up his TWIC desk. fication Credential, TWIC, which we after being notified it was ready. He The Acting CHAIRMAN. The Clerk have heard so much about. These cards traveled from a place in Texas. He was will designate the amendment. are issued under section 70105 of Title told that the card was accidentally The text of the amendment is as fol- 46 USC within 30 days of the enactment shipped to Houston and he could drive lows: of this act. 85 miles to pick it up. He presently

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00072 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.002 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 6955 does not have a card, and therefore he card. He remained on hold for 4 hours and 10 sion, nobody has been prevented from is not able to move forward. The list of minutes and was finally told by the operator working yet, because the TWIC re- incidents go on. that he would have to return to Houston to be quirements don’t go into effect until My amendment calls for the Sec- fingerprinted again after APR. Incidentally, a September. But we support the gentle- retary to assess within a month of the representative of Higman Marine Services, woman’s amendment. We think it is a enactment these TWIC enrollment Inc., asked the same question about their em- thoughtful amendment. sites to determine the feasibility of ployee, and she was told that he should not I would be happy to yield to the having them open at times when trans- return until June. This blatant inconsistency in chairman of the full committee for his portation workers can come and im- service and information is simply unaccept- thoughts. prove the quality of processing proce- able. Furthermore, another transportation Mr. OBERSTAR. I thank the gen- dures. Furthermore, my amendment worker went to the Beaumont center about 3 tleman for yielding and the gentle- calls on the Secretary to develop weeks ago to pick up his TWIC after being no- woman for offering the amendment and timelines and benchmarks on their as- tified it was ready. He traveled from Hemphill, her deep concern, which we share on sessment. Finally, it calls for them to TX (117 miles) and was told that the card was the committee, for those maritime implement any changes necessary, in- accidentally shipped to Houston and he could workers. cluding keeping it open 24 hours a day, drive there (85 miles) to pick it up. He pres- Madam Chairman, 230,000 applied and keeping it open 7 days a week, but real- ently does not have his card. The list of 64,000 have actually received their ly at the assessment of the Department incidences in which workers have to contin- cards. There is a bottleneck at TSA of Homeland Security. ually overcome structural impediments is too principally in printing out those cards, Workers are trying to do what they long for me to name. It is from my concern for and the amendment just provides a are supposed to do. We have to do what these workers that I have introduced my margin of safety and a time to accom- we have to do. I believe this amend- amendment. plish the objective. ment will help do it better, and I be- That is why my amendment calls for the I thank the gentleman for yielding. lieve it is part of the security fabric, Secretary of Homeland Security to assess, Mr. LATOURETTE. I am happy to and I hope that we will pass this within a month of this Act’s enactment, these yield to the chairman of the sub- amendment. TWIC enrollment sites to determine the feasi- committee for his observations. Mr. CUMMINGS. I thank the gen- Thank you, Madam Chairman, for affording bility of having them open at times where tleman for yielding. We have convened me this opportunity to address the Members of transportation workers can come and to im- two hearings, Madam Chairman, in the the House of Representatives and explain my prove the quality of their processing proce- Coast Guard Subcommittee on the amendment to H.R. 2830, the ‘‘Coast Guard dures. Furthermore, my amendment calls on TWIC card. Our most recent hearing Authorization Act of 2007.’’ My amendment is the Secretary of Homeland Security to develop was held in January after the enroll- a simple but important addition to this impor- timelines and benchmarks for implementing ment process had been underway for a tant legislation, which I believe can be sup- the findings of the assessment as the Sec- ported by every Member of this House. few months. retary deems necessary. By identifying the During that hearing, we heard about My amendment calls for the Secretary of areas in which enrollment sites for homeland Homeland Security to prepare an assessment some of the glitches that individuals security cards are ineffective and inefficient attempting to enroll have encountered. of the enrollment sites for Transportation and creating a timeline through which to im- Worker Identification Credential, TWIC, cards Such glitches are unacceptable when plement necessary changes and benchmarks workers must pay $132.50 and take time issued under section 70105 of title 46, United to ensure their progress and accountability, we States Code, within 30 days of the enactment off from work to obtain a card that will make this nation a safer place—accessible they are required to have to do their of this Act. This assessment should, at a min- to labor and operators alike. imum, examine: the feasibility of keeping job and to provide for their families. In short, Madam Chairman, my amendment TWIC is an essential part of our post- those enrollment sites open 24 hours per day, can be summed up as follows: for those who security regime and is intended to en- and 7 days per week, in order to better handle have confidence in how these TWIC enroll- sure that those who pose a threat to the large number of applicants for such cards; ment sites are administering this program, my our maritime infrastructure do not the feasibility of keeping those enrollment sites amendment offers vindication. For those who gain access to the secure areas of ves- open after September 25, 2008; and the qual- are skeptical and have seen firsthand the sels or port facilities. ity of customer service, including the periods problems apparent at these enrollment sites, of time individuals are kept on hold on the my amendment will provide the information b 1345 telephone, whether appointments are kept, necessary to rectify the causes for their frus- However, enrollment must be con- and processing times for applications. trations and a way forward to ensure that the ducted as seamlessly as possible to Madam Chairman, I continue to receive first- results of this assessment are actually imple- cause the least burden to those work- hand accounts from my constituents in Hous- mented. ers. And I want to thank Ms. JACKSON- ton and from other transportation workers and Mr. LATOURETTE. Madam Chair- LEE for her amendment. It helps to operators around the country regarding their man, I ask unanimous consent to con- make our bill a better bill. frustrations and the unsatisfactory perform- trol the time in opposition, even Ms. JACKSON-LEE of Texas. Will the ance of TWIC enrollment sites. I have spoken though I am not opposed to the amend- gentleman yield? with a multitude of people from throughout the ment. Mr. LATOURETTE. It is my under- country who have shared with me the great The Acting CHAIRMAN. Without ob- standing that the gentlelady’s time has difficulties they experienced due to administra- jection, the gentleman from Ohio is expired. I learned the hard way today tive obstacles in obtaining their TWIC cards. recognized for 5 minutes. that I don’t have the right to close. But These obstacles include the difficulty of going There was no objection. I would be happy to yield the balance to enrollment sites, making appointments at Mr. LATOURETTE. Madam Chair- of our time to the sponsor of the legis- enrollment sites which are not kept, long proc- man, I want to congratulate the gen- lation, Ms. JACKSON-LEE. essing times for applications, and staying on tlewoman from Texas (Ms. JACKSON- Ms. JACKSON-LEE of Texas. I just hold for hours on the telephone. While we LEE) for her thoughtful amendment. want to thank all of you, and I believe have made securing our Nation a priority, we We are willing to accept her amend- that this is the right step. The action must ensure that we do so in the most effec- ment, which will require the Depart- item is that they should implement the tive and efficient way possible. ment of Homeland Security to assess process of their study to make it work I would like to reiterate only few of the ob- measures that may encourage mari- for our various mariners so that they stacles that workers have faced in my State of time workers to accelerate application can be part of the security of America. Texas as well in my district of Houston. For rates for the TWIC card. We all know a I ask my colleagues to support the example, a marine worker enrolled at the deadline is looming. amendment. Houston Port enrolled on December 13, 2007. The only observation I would make Mr. LATOURETTE. I yield back the To this date, he still does not yet have a TWIC so that no one is under a misapprehen- balance of my time.

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00073 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.002 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6956 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 April 24, 2008 The Acting CHAIRMAN. The ques- the survey shall be borne by the United least 300 miles of shoreline on Lake Su- tion is on the amendment offered by States. perior. This is a win-win for the Coast the gentlewoman from Texas (Ms. (h) ADDITIONAL TERMS AND CONDITIONS.— Guard and the City of Marquette. The Commandant of the Coast Guard may JACKSON-LEE). I urge my colleagues to join me in require such additional terms and conditions voting for this amendment, and I en- The amendment was agreed to. in connection with the conveyance author- AMENDMENT NO. 15 OFFERED BY MR. STUPAK ized by subsection (a) as the Commandant courage members to vote for final pas- The Acting CHAIRMAN. It is now in considers appropriate to protect the inter- sage of the Coast Guard Authorization order to consider amendment No. 15 ests of the United States. Act. Vote ‘‘yes’’ on the Stupak amend- printed in House Report 110–604. The Acting CHAIRMAN. Pursuant to ment. House Resolution 1126, the gentleman Mr. STUPAK. Madam Chairman, I I reserve the balance of my time. have an amendment at the desk. from Michigan (Mr. STUPAK) and a Mr. OBERSTAR. I ask unanimous The Acting CHAIRMAN. The Clerk Member opposed each will control 5 consent to claim time in opposition to will designate the amendment. minutes. the amendment, though I do not oppose The text of the amendment is as fol- The Chair recognizes the gentleman it. lows: from Michigan. The Acting CHAIRMAN. Without ob- Part B amendment No. 15 offered by Mr. Mr. STUPAK. Madam Chairman, my jection, the gentleman from Minnesota STUPAK: amendment will facilitate a simple is recognized for 5 minutes. At the end of title IV add the following land transfer between the U.S. Coast There was no objection. new section: Guard and the city of Marquette, Mr. OBERSTAR. The amendment is SEC. ll. LAND CONVEYANCE, COAST GUARD Michigan. very limited in nature, very specific, to PROPERTY IN MARQUETTE COUNTY, The Coast Guard is currently located deal with the transfer of property that MICHIGAN, TO THE CITY OF MAR- QUETTE, MICHIGAN. at the Coast Guard Station Marquette will not take place until the Coast (a) CONVEYANCE AUTHORIZED.—The Com- and Lighthouse Point in Marquette Guard has relocated the station at fa- mandant of the Coast Guard may convey, County on nine acres of land east of cilities that are yet to be built. It will without consideration, to the City of Mar- the Marquette Maritime Museum. This also not take place until environ- quette, Michigan (in this section referred to facility was originally constructed in mental cleanup has occurred on the ex- as the ‘‘City’’), all right, title, and interest 1891, and is the oldest of all U.S. Coast isting site. And that is important. The of the United States in and to a parcel of Guard lifesaving facilities in the Na- commandant has determined that re- real property, together with any improve- tion. tention of property is not required to ments thereon, located in Marquette County, carry out any other Coast Guard mis- Michigan, that is under the administrative The Coast Guard is in the process of control of the Coast Guard, consists of ap- relocating to a new location just south sion. So protection for the Coast proximately 5.5 acres, and is commonly iden- of the Marquette Maritime Museum. Guard, protection for the City and the tified as Coast Guard Station Marquette and This location will bring the Coast cleanup provisions, and it is a very Lighthouse Point. Guard closer to where their boats are beneficial amendment. (b) RETENTION OF CERTAIN EASEMENTS.—In docked and will help the Coast Guard I want to address another matter, the conveying the property under subsection (a), respond to emergencies more quickly. concern of the gentleman from Michi- the Commandant of the Coast Guard may re- The City of Marquette sold this prop- gan about the transfer of excess prop- tain such easements over the property as the erty for the new facility, 1.5 acres on erty to the Christian Cornerstone Commandant considers appropriate for ac- the waterfront, to the Coast Guard for Academy, a land transfer that is sup- cess to aids to navigation. ported by the Coast Guard, by the (c) LIMITATIONS.—The property to be con- $1. In addition, the City of Marquette veyed by subsection (a) may not be conveyed has committed $170,000 to reroute bike Academy, and the community of She- under that subsection until— trails, make roadway improvements boygan. We had already filed the man- (1) the Coast Guard has relocated Coast and other necessary infrastructure im- ager’s amendment at the time that this Guard Station Marquette to a newly con- provements in order to prepare the issue came to the attention of the gen- structed station; property for the new Coast Guard facil- tleman from Michigan, and it was not (2) any environmental remediation re- ity. possible to include that in the man- quired under Federal law with respect to the On April 7, 2008, the City of Mar- ager’s amendment nor in the amend- property has been completed; ments considered by the Rules Com- (3) the Commandant of the Coast Guard de- quette signed the official documents to turn over the City property to the mittee. termines that retention of the property by But I do want to assure the gen- Coast Guard. Upon moving to this new the United States is not required to carry tleman that we will work to accom- out Coast Guard missions or functions. property, the Coast Guard will vacate plish the purposes of this land transfer (d) CONDITIONS OF TRANSFER.—All condi- their existing location. as we get into conference with the tions placed within the deed of title of the My amendment will convey the prop- other body. Or, should such language property to be conveyed under subsection (a) erty of the old Coast Guard facility to be included by the other body in their shall be construed as covenants running with the City of Marquette. This is a the land. version of the Coast Guard, which is straightforward amendment. The Coast (e) INAPPLICABILITY OF SCREENING OR OTHER now working its way to the floor of the REQUIREMENTS.—The conveyance of property Guard supports the conveyance of the other body, that we should expect to authorized by subsection (a) shall be made existing property to the City. The City meet in conference and recognize the without regard to the following; of Marquette is also in support of the special needs in this matter. The Coast (1) Section 2696 of title 10, United States land transfer, which would assist in ac- Guard executed a 10-year, no cost lease Code. complishing the goals outlined in the (2) Chapter 5 of title 40, United States for the construction of the Cornerstone City’s strategic Harbor Master Plan. Christian Academy in Sheboygan. The Code. The Coast Guard Station in Mar- (3) Any other provision of law relating to lease has been renegotiated to fair the screening, evaluation, or administration quette plays a vital role in responding market value. The Coast Guard has of excess or surplus Federal property prior to to emergencies in the City of Mar- deemed 6 acres of the property as ex- conveyance by the Administrator of General quette, the surrounding area, and on cess, if I have described the matter Services. Lake Superior. This land transfer will rightly. (f) EXPIRATION OF AUTHORITY.—The author- facilitate a continued Coast Guard I yield to the gentleman from Michi- ity in subsection (a) shall expire on the date presence within the Marquette area. gan. that is five years after the date of the enact- Without a well-equipped and state-of- Mr. STUPAK. I thank the distin- ment of this Act. the-art Coast Guard Station in Mar- (g) DESCRIPTION OF PROPERTY.—The exact guished chairman. acreage and legal description of the property quette, there would be virtually no The gentleman is correct, not only to be conveyed under subsection (a) shall be presence of the Coast Guard between on Marquette but on the Christian Cor- determined by a survey satisfactory to the Sault Ste. Marie and Houghton, Michi- nerstone Academy. We have been work- Commandant of the Coast Guard. The cost of gan, which represents a stretch of at ing to transfer this excess land. It

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00074 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.002 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 6957 would have been a straightforward on the Great Lakes. This year’s cold The first electronic vote will be con- transfer and supported by the Coast winter showcased the need for a cutter ducted as a 15-minute vote. The second Guard to Christian Cornerstone Acad- presence when Beaver Island once electronic vote will be conducted as a emy in the Sheboygan community. again had to make an emergency call 5-minute vote. I appreciate the chairman’s willing- to the Coast Guard to break ice for a AMENDMENT NO. 4 OFFERED BY POE ness to work with us to have this in- shipment of fuel for the island. This, The Acting CHAIRMAN. The unfin- serted either at the Senate level or in unfortunately, is a common occurrence ished business is the demand for a re- conference. And, as always, I appre- during the cold winter months, and corded vote on the amendment offered ciate the gentleman’s knowledge and this winter was exceptionally long and by the gentleman from Texas (Mr. POE) wisdom on Coast Guard and Great cold. on which further proceedings were Lakes issues, and look forward to con- It is important that this new Coast postponed and on which the ayes pre- tinuing to work with him on this and Guard cutter or similar asset be sta- vailed by voice vote. thank him for his courtesies on this tioned in Charlevoix. To facilitate this, The Clerk will redesignate the amendment. I worked closely with the chairman to amendment. Mr. OBERSTAR. I yield to the distin- include language in the Coast Guard The Clerk redesignated the amend- guished ranking member of the sub- Authorization Act 2006 to require the ment. committee. Coast Guard Station to sustain RECORDED VOTE Mr. LATOURETTE. I thank the icebreaking vessel capabilities in the chairman for yielding. Great Lakes. Unfortunately, the Coast The Acting CHAIRMAN. A recorded We are also willing to accept the gen- Guard has ignored congressional in- vote has been demanded. tleman from Michigan’s amendment, tent. A recorded vote was ordered. which authorizes the conveyance of I appreciate the chairman’s support The vote was taken by electronic de- property and the light station to Mar- in our efforts, and I look forward to vice, and there were—ayes 408, noes 1, quette, Michigan. This provision fol- working with the chairman and rank- not voting 27, as follows: lows the standard language that has ing member, and the chair of the Coast [Roll No. 220] been used by the committee in other Guard subcommittee, to ensure that AYES—408 light station conveyances in previous the Coast Guard honors congressional Abercrombie Castle Forbes years. intent and provides adequate Ackerman Castor Fortenberry I would just note, I know the chair- icebreaking services in the Northern Aderholt Chabot Fortun˜ o man of the full committee represents Great Lakes. Akin Chandler Fossella Allen Christensen Foster very hearty folk. When he came to I yield to the chairman for comment. Altmire Clarke Foxx Akron and said that it was 41 below, I Mr. OBERSTAR. I share the gentle- Arcuri Clay Frank (MA) think, at International Falls, I also man’s concern for adequate Baca Cleaver Franks (AZ) icebreaking capability on the Great Bachmann Clyburn Frelinghuysen know the gentleman from Michigan, Bachus Coble Gallegly having gone to school in Michigan rep- Lakes. We have the new icebreaker Baird Cohen Garrett (NJ) resenting the UP, represents very Mackinaw. The Coast Guard has small- Baldwin Cole (OK) Gerlach hearty folk. And so I hope we not only er harbor icebreakers. But they simply Barrett (SC) Conaway Giffords Barrow Conyers Gilchrest give them what he wants in Marquette, are not sufficient to keep channels Bartlett (MD) Cooper Gillibrand but Sheboygan as well, because they open. This past shipping season, the Barton (TX) Costa Gingrey deserve it because it is really cold. Coast Guard failed to send the Macki- Bean Costello Gohmert Mr. OBERSTAR. I yield to the Chair naw upstream, up lake, to keep chan- Becerra Courtney Gonzalez Berkley Crenshaw Goode of the subcommittee, Mr. CUMMINGS. nels open for shipping of iron ore to Berman Crowley Goodlatte Mr. CUMMINGS. I heartily support lower lake steel mills. Berry Cubin Gordon the amendment of Mr. STUPAK. I assure the gentleman, I will work Biggert Cuellar Granger Bilbray Culberson Graves The amount of land being conveyed diligently with the Coast Guard to Bilirakis Cummings Green, Al here under this amendment is only 5.5 keep their attention focused on our Bishop (GA) Davis (AL) Green, Gene acres, and I believe it is appropriate needs for icebreaking capability on the Bishop (NY) Davis (CA) Grijalva that once the Coast Guard leaves this Great Lakes. On the Chesapeake Bay, I Bishop (UT) Davis (IL) Gutierrez Blumenauer Davis (KY) Hall (NY) site, the land and the lighthouse be said to the chairman of the sub- Blunt Davis, David Hall (TX) made available to a local municipality committee, you don’t have that prob- Boehner Davis, Lincoln Hare that can preserve these resources and lem. It doesn’t freeze over. Bonner Davis, Tom Harman Mr. STUPAK. I thank the gentleman Bono Mack Deal (GA) Hastings (FL) utilize them for the public purpose. Boozman DeFazio Hastings (WA) Mr. OBERSTAR. Madam Chairman, I for his words. I thank the work from Bordallo DeGette Hayes yield back the balance of my time. the chairman on all Coast Guard and Boren Delahunt Heller Mr. STUPAK. Madam Chairman, I Great Lakes issues. I thank Mr. Boswell DeLauro Hensarling Boucher Dent Herger yield myself the balance of my time. CUMMINGS and Mr. LATOURETTE for Boustany Diaz-Balart, M. Herseth Sandlin The Acting CHAIRMAN. The gen- their help and support. Boyd (FL) Dicks Hill tleman from Michigan is recognized for Madam Chairman, I yield back the Boyda (KS) Dingell Hinchey 3 minutes. balance of my time. Brady (PA) Donnelly Hinojosa Brady (TX) Doolittle Hirono Mr. STUPAK. I thank the gentleman The Acting CHAIRMAN. The ques- Braley (IA) Doyle Hobson from Minnesota for his work to craft tion is on the amendment offered by Broun (GA) Drake Hodes the Coast Guard Authorization Act, the gentleman from Michigan (Mr. Brown (SC) Dreier Hoekstra Brown, Corrine Duncan Holden TUPAK and for recognizing the need for a S ). Buchanan Edwards Holt Coast Guard presence on the Great The amendment was agreed to. Burton (IN) Ehlers Honda Lakes. ANNOUNCEMENT BY THE ACTING CHAIRMAN Butterfield Ellison Hooley The Coast Guard Cutter ACACIA was The Acting CHAIRMAN. Pursuant to Buyer Ellsworth Hoyer Calvert Emanuel Hunter decommissioned on June 7, 2006, after clause 6 of rule XVIII, proceedings will Camp (MI) Emerson Inglis (SC) over 60 years of service to this country. now resume on those amendments Cannon Engel Inslee The ACACIA has been stationed in printed in part B of House Report 110– Cantor English (PA) Israel Capito Eshoo Issa Charlevoix, Michigan since 1990. 604 on which further proceedings were Capps Etheridge Jackson (IL) The ACACIA provided essential navi- postponed, in the following order: Capuano Fallin Jackson-Lee gational and search and rescue services Amendment No. 4 by Mr. POE of Cardoza Farr (TX) in the northern Great Lakes. This work Texas. Carnahan Fattah Jefferson Carney Ferguson Johnson (GA) is important for the safety as well as Amendment No. 5 by Mr. MCNERNEY Carson Filner Johnson (IL) for businesses and individuals that rely of California. Carter Flake Johnson, E. B.

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00075 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.002 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6958 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 April 24, 2008 Johnson, Sam Mollohan Sessions b 1421 Hill McHugh Saxton Jones (NC) Moore (KS) Sestak Hinchey McIntyre Schakowsky Jones (OH) Moore (WI) Shadegg Messrs. MILLER of North Carolina Hinojosa McKeon Schiff Jordan Moran (KS) Shays and ISSA changed their vote from ‘‘no’’ Hirono McMorris Schmidt Kagen Moran (VA) Shea-Porter to ‘‘aye.’’ Hobson Rodgers Schwartz Kanjorski Murphy (CT) Sherman Hodes McNerney Scott (GA) Kaptur Murphy, Patrick Shimkus So the amendment was agreed to. Hoekstra McNulty Scott (VA) Keller Murphy, Tim Shuler The result of the vote was announced Holden Meek (FL) Sensenbrenner Kennedy Murtha Shuster as above recorded. Holt Meeks (NY) Serrano Kildee Musgrave Simpson Honda Melancon Sessions AMENDMENT NO. 5 OFFERED BY MR. MC NERNEY Kilpatrick Myrick Sires Hooley Mica Sestak King (IA) Napolitano Skelton The Acting CHAIRMAN (Mr. JACKSON Hoyer Michaud Shadegg King (NY) Neal (MA) Slaughter of Illinois). The unfinished business is Hunter Miller (FL) Shays Miller (MI) Kingston Neugebauer Smith (NE) the demand for a recorded vote on the Inglis (SC) Shea-Porter Kirk Norton Smith (NJ) Inslee Miller (NC) Sherman amendment offered by the gentleman Israel Miller, Gary Klein (FL) Nunes Smith (TX) Shimkus Issa Miller, George Kline (MN) Oberstar Smith (WA) from California (Mr. MCNERNEY) on Shuler Jackson (IL) Mitchell Shuster Knollenberg Obey Snyder which further proceedings were post- Jackson-Lee Mollohan Simpson Kucinich Olver Solis poned and on which the ayes prevailed (TX) Moore (KS) Sires Kuhl (NY) Ortiz Souder by voice vote. Jefferson Moore (WI) Skelton Lamborn Pallone Space Johnson (GA) Moran (KS) Slaughter Lampson Pastor Speier The Clerk will redesignate the Johnson (IL) Moran (VA) Smith (NE) Langevin Payne Spratt amendment. Johnson, E. B. Murphy (CT) Smith (NJ) Larsen (WA) Pearce Stark The Clerk redesignated the amend- Johnson, Sam Murphy, Patrick Smith (TX) Larson (CT) Pence Stearns ment. Jones (NC) Murphy, Tim Smith (WA) Latham Perlmutter Stupak Jones (OH) Murtha RECORDED VOTE Snyder LaTourette Peterson (MN) Sullivan Jordan Musgrave Solis Latta Peterson (PA) Sutton The Acting CHAIRMAN. A recorded Kagen Myrick Souder Lee Petri Tancredo vote has been demanded. Kanjorski Napolitano Space Levin Pickering Tanner A recorded vote was ordered. Kaptur Neal (MA) Speier Lewis (CA) Pitts Tauscher Keller Neugebauer Spratt Lewis (GA) Platts Taylor The Acting CHAIRMAN. This will be Kennedy Norton Stark Lewis (KY) Poe Terry a 5-minute vote. Kildee Nunes Stearns Linder Pomeroy Thompson (CA) The vote was taken by electronic de- Kilpatrick Oberstar Stupak Kind Obey Lipinski Price (GA) Thompson (MS) vice, and there were—ayes 408, noes 0, Sullivan LoBiondo Price (NC) Thornberry King (IA) Olver Sutton Loebsack Putnam Tiahrt not voting 28, as follows: King (NY) Ortiz Tancredo Lofgren, Zoe Radanovich Tiberi [Roll No. 221] Kingston Pallone Tanner Kirk Pastor Lowey Rahall Tierney Tauscher AYES—408 Klein (FL) Paul Lucas Ramstad Towns Taylor Kline (MN) Payne Lynch Rangel Tsongas Abercrombie Capps Edwards Terry Knollenberg Pearce Mack Regula Turner Ackerman Capuano Ehlers Thompson (CA) Kucinich Pence Mahoney (FL) Rehberg Udall (CO) Aderholt Cardoza Ellison Thompson (MS) Akin Carnahan Ellsworth Kuhl (NY) Perlmutter Maloney (NY) Reichert Upton Thornberry Allen Carney Emanuel Lamborn Peterson (MN) Manzullo Renzi Van Hollen Tiahrt Altmire Carson Emerson Lampson Peterson (PA) Marchant Reyes Vela´ zquez Tiberi Arcuri Carter Engel Langevin Petri Markey Reynolds Tierney Visclosky Baca Castle English (PA) Larsen (WA) Pickering Marshall Richardson Towns Walberg Bachmann Castor Eshoo Larson (CT) Pitts Matheson Rodriguez Tsongas Walden (OR) Bachus Chabot Etheridge Latham Platts Turner Matsui Rogers (AL) Walsh (NY) Baird Chandler Fallin LaTourette Poe Udall (CO) McCarthy (CA) Rogers (KY) Walz (MN) Baldwin Christensen Farr Latta Pomeroy Upton McCarthy (NY) Rogers (MI) Wamp Barrett (SC) Clarke Fattah Lee Price (GA) Van Hollen McCaul (TX) Rohrabacher Wasserman Barrow Clay Ferguson Levin Price (NC) Vela´ zquez McCollum (MN) Ros-Lehtinen Schultz Bartlett (MD) Cleaver Filner Lewis (CA) Putnam Visclosky McCotter Roskam Waters Barton (TX) Clyburn Flake Lewis (GA) Rahall Walberg McDermott Ross Watson Bean Coble Forbes Lewis (KY) Ramstad Walden (OR) McGovern Rothman Watt Becerra Cohen Fortenberry Linder Rangel Walsh (NY) McHenry Roybal-Allard Weiner Berkley Cole (OK) Fortun˜ o Lipinski Regula Walz (MN) McHugh Royce Welch (VT) Berman Conaway Fossella LoBiondo Rehberg McIntyre Ruppersberger Berry Conyers Foster Lofgren, Zoe Reichert Wamp Weldon (FL) Wasserman McKeon Ryan (OH) Westmoreland Biggert Cooper Foxx Lowey Renzi Bilbray Costa Frank (MA) Schultz McMorris Salazar Wexler Lucas Reyes Bilirakis Costello Franks (AZ) Lungren, Daniel Richardson Waters Rodgers Sali Whitfield (KY) ´ Bishop (GA) Courtney Frelinghuysen E. Rodriguez Watson McNerney Sanchez, Linda Wilson (NM) McNulty T. Bishop (NY) Crenshaw Gallegly Lynch Rogers (AL) Watt Wilson (OH) Meek (FL) Sanchez, Loretta Bishop (UT) Crowley Garrett (NJ) Mack Rogers (KY) Waxman Wilson (SC) Meeks (NY) Sarbanes Blunt Cubin Gerlach Mahoney (FL) Rogers (MI) Weiner Wittman (VA) Melancon Saxton Boehner Cuellar Giffords Maloney (NY) Rohrabacher Welch (VT) Wolf Mica Schakowsky Bonner Culberson Gilchrest Manzullo Ros-Lehtinen Weldon (FL) Woolsey Michaud Schiff Bono Mack Cummings Gillibrand Marchant Roskam Westmoreland Wu Boozman Davis (AL) Gingrey Wexler Miller (FL) Schmidt Markey Ross Wynn Bordallo Davis (CA) Gohmert Whitfield (KY) Miller (MI) Schwartz Matheson Rothman Yarmuth Boren Davis (IL) Gonzalez Wilson (NM) Miller (NC) Scott (GA) Matsui Roybal-Allard Young (AK) Boswell Davis (KY) Goode Wilson (OH) Miller, Gary Scott (VA) McCarthy (CA) Royce Young (FL) Boucher Davis, David Goodlatte Wilson (SC) Miller, George Sensenbrenner McCarthy (NY) Ruppersberger Boustany Davis, Lincoln Gordon Wittman (VA) Mitchell Serrano McCaul (TX) Ryan (OH) Boyd (FL) Davis, Tom Granger McCollum (MN) Salazar Wolf Boyda (KS) Deal (GA) Graves McCotter Sali Woolsey NOES—1 Brady (PA) DeFazio Green, Al McCrery Sa´ nchez, Linda Wu Paul Brady (TX) DeGette Green, Gene McDermott T. Wynn Braley (IA) Delahunt Grijalva McGovern Sanchez, Loretta Young (AK) NOT VOTING—27 Broun (GA) DeLauro Gutierrez McHenry Sarbanes Young (FL) Brown (SC) Dent Hall (NY) Alexander Everett Nadler Brown, Corrine Diaz-Balart, L. Hall (TX) NOT VOTING—28 Andrews Faleomavaega Pascrell Buchanan Diaz-Balart, M. Hare Blackburn Feeney Porter Burton (IN) Dicks Harman Alexander Cramer Loebsack Brown-Waite, Higgins Pryce (OH) Butterfield Dingell Hastings (FL) Andrews Doggett Marshall Ginny Hulshof Rush Buyer Donnelly Hastings (WA) Blackburn Everett Nadler Burgess Kind Ryan (WI) Calvert Doolittle Hayes Blumenauer Faleomavaega Pascrell Campbell (CA) LaHood Udall (NM) Camp (MI) Doyle Heller Brown-Waite, Feeney Porter Cramer Lungren, Daniel Waxman Cannon Drake Hensarling Ginny Higgins Pryce (OH) Diaz-Balart, L. E. Cantor Dreier Herger Burgess Hulshof Weller Radanovich Doggett McCrery Capito Duncan Herseth Sandlin Campbell (CA) LaHood

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00076 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.002 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 6959 Reynolds Ryan (WI) Weller The SPEAKER pro tempore. Is there operate, in accordance with the safety Rush Udall (NM) Yarmuth objection to the request of the gen- notification requirements set forth in ANNOUNCEMENT BY THE ACTING CHAIRMAN tleman from Ohio? section 3503(b) of the United States The Acting CHAIRMAN (during the Mr. OBERSTAR. I object. Code and the Coast Guard. vote). Approximately 2 minutes remain The SPEAKER pro tempore. Objec- In addition, the Delta Queen has gone in this vote. tion is heard. above and beyond these requirements, The Clerk will read. installing state-of-the-art fire and b 1430 The Clerk continued to read. smoke detection and sprinkler sys- So the amendment was agreed to. The SPEAKER pro tempore. The gen- tems, as well as mandating fire train- The result of the vote was announced tleman from Ohio is recognized for 5 ing for its crew, all of which have been as above recorded. minutes. approved by the Coast Guard. Every Stated for: Mr. CHABOT. Mr. Speaker, this mo- single stateroom on there has sprin- Mr. LOEBSACK. Mr. Chairman, on rollcall tion is really quite simple. It continues klers within it. In fact, just last vote 221, I was unavoidably detained. Had I the will of Congress, a will dating as month, the owners of the Delta Queen been present, I would have voted ‘‘aye.’’ far back as 1968 to allow the Delta replaced the vessel’s boiler at the re- The Acting CHAIRMAN. The ques- Queen to operate within the inland wa- quest of the Coast Guard. And just last tion is on the amendment in the nature ters of the United States. It’s an ex- month, the Delta Queen was most re- of a substitute, as amended. emption that’s been granted by Con- cently inspected by the Coast Guard The amendment in the nature of a gress on a number of occasions, eight and was given a clean bill of health. substitute, as amended, was agreed to. times to be exact, most recently in Mr. Speaker, I don’t understand why The Acting CHAIRMAN. Under the 1996. However, unless it is renewed this continuing the Delta Queen’s current rule, the Committee rises. year, this national treasure will be exemption for an additional 10 years Accordingly, the Committee rose; forced ashore unnecessarily. And unfor- has generated such opposition. In fact, and the Speaker pro tempore (Mr. tunately, an important chapter in our last session, this body unanimously SERRANO) having assumed the chair, Nation’s history will close. supported this exemption, passing it by Mr. JACKSON of Illinois, Acting Chair- For those who may be unfamiliar a voice vote. Just last year we did this man of the Committee of the Whole with the Delta Queen, and this is her exact thing that I am asking to be done House on the state of the Union, re- right here, and its significance to this today. Unfortunately, it was stalled ported that that Committee, having Nation, let me give you a brief history over in the Senate. had under consideration the bill (H.R. of what the Delta Queen is and is not. I can only conclude that the opposi- 2830) to authorize appropriations for The Delta Queen is a symbol of our Na- tion that we’re seeing is not really the Coast Guard for fiscal year 2008, tion’s past serving as the last over- about the Delta Queen. It’s really about and for other purposes, pursuant to night operational steam paddle wheel- a labor dispute. If this is true, why House Resolution 1126, he reported the er. She represents where we started as should the American people be victims, bill back to the House with an amend- a Nation and our trials and tribu- losing access to this national land- ment adopted by the Committee of the lations and our progress over the years. mark? Why should American jobs be Whole. The Delta Queen is a registered na- lost? Why should local businesses be The SPEAKER pro tempore. Under tional historic landmark and is a mem- literally ruined all because of a labor the rule, the previous question is or- ber of the National Maritime Hall of dispute? I hope that unions do not have dered. Fame. She is part of the greatest gen- that type of influence here in Wash- Is a separate vote demanded on any eration, honorably serving our country ington or here in this Congress. amendment to the amendment re- during World War II, first as a Navy Let’s put all of the politics aside and ported from the Committee of the barracks and later transporting serv- do the right thing here, and I urge my Whole? If not, the question is on the icemen to and from the Navy shipyards colleagues to stand up for the Delta amendment. docked in the San Francisco harbor. Queen right here. 1926, no major inci- The amendment was agreed to. The Delta Queen provides jobs to dence since that entire time. And there The SPEAKER pro tempore. The American families and is a critical is no reason why we shouldn’t save this question is on the engrossment and source of revenue for local commu- historic ship here. Keep part of our his- third reading of the bill. nities, opening up towns and commu- tory alive here by supporting this mo- The bill was ordered to be engrossed nities located along the Ohio, Missouri, tion. This really ought to be bipar- and read a third time, and was read the and Mississippi Rivers such as Ashland, tisan, and I urge you to support this third time. Kentucky; Gallipolis, Ohio; and Clarks- motion to recommit. MOTION TO RECOMMIT OFFERED BY MR. CHABOT ville, Indiana, to tourists and allowing Mr. OBERSTAR. Mr. Speaker, I rise Mr. CHABOT. Mr. Speaker, I have a mom-and-pop businesses to flourish. in opposition to the motion. motion to recommit at the desk. Contrary to what some opponents to The SPEAKER pro tempore. The gen- The SPEAKER pro tempore. Is the this motion would have you believe, tleman from Minnesota is recognized gentleman opposed to the bill? the Delta Queen is not a safety risk. In for 5 minutes. Mr. CHABOT. Yes, in its current fact, the Delta Queen is inspected by Mr. OBERSTAR. Mr. Speaker, I enor- form. the United States Coast Guard more mously respect the distinguished and The SPEAKER pro tempore. The than six times a year and has operated amiable gentleman from Ohio, the Clerk will report the motion. since 1968 without significant incident. weight-lifting champ of the House gym. The Clerk read as follows: Indeed, when Congress first created When he walks on the floor, the the inland water exemption from fire weights quiver and shake in awe of his Mr. Chabot moves to recommit the bill retardant regulation, it recognized appearance. H.R. 2830 to the Committee on Transpor- tation and Infrastructure with instructions that vessels such as the Delta Queen He has been an advocate for the Delta to report the same back to the House forth- would never be more than a short dis- Queen even back to last fall when I was with with the following amendment: tance from shore, circumstances much in the Bethesda Naval Hospital for an At the end of title IV add the following: different than ocean liners and other operation to correct a long-standing in- SEC. ll. EXTENSION OF EXEMPTION. vessels that traverse the oceans. jury to my neck. He sent a sheet cake Section 3503(a) of title 46, United States House Report 93–289 indicates that an with the Delta Queen emblazoned upon Code, is amended by striking ‘‘2008’’ and in- inclusion of this was inadvertent. it to remind me of his diligence and of serting ‘‘2018’’. That’s why Congress has granted this his enthusiasm for the Delta Queen. I Mr. CHABOT (during the reading). exception eight times since 1968. Eight could only eat one slice of it, but I as- Mr. Speaker, I ask unanimous consent times. Moreover, despite its exemption, sured him that the staff at the hos- that the motion be considered as read. the Delta Queen has, and continues to pital, who had no idea what the Delta

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00077 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.002 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6960 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 April 24, 2008 Queen was all about, appreciated this wing exits from a 747. Congressman Bill Shays Taylor Wamp sheet cake from the very distinguished Clinger, Pennsylvania’s ranking Re- Shimkus Terry Weldon (FL) Shuster Thornberry Westmoreland and caring gentleman from the State of publican on the Committee on Aviation Simpson Tiahrt Whitfield (KY) Ohio. with me, we stopped them from doing Smith (NE) Tiberi Wilson (NM) But labor has nothing to do with this that. We stopped the FAA from allow- Smith (TX) Turner Wilson (OH) issue. I haven’t heard from a single per- ing that risk to safety. We should stop Souder Upton Wilson (SC) son in any labor union about this mat- Stearns Walberg Wittman (VA) this risk to safety here. Fire at night is Sullivan Walden (OR) Wolf ter. terrifying. Oppose the amendment. Tancredo Walsh (NY) Young (FL) The Delta Queen was built in 1926 and The SPEAKER pro tempore. Without Tanner Walz (MN) carried 174 passengers, 88 state rooms. objection, the previous question is or- It has extensive wood superstructure. dered on the motion to recommit. NOES—208 It has extensive wood interior and fur- There was no objection. Abercrombie Hall (NY) Obey niture, and for those reasons, the Coast The SPEAKER pro tempore. The Ackerman Harman Olver Allen Hastings (FL) Ortiz Guard will not certify this vessel. Op- question is on the motion to recommit. Arcuri Herseth Sandlin Pallone position is clear. The combustible con- The question was taken; and the Baca Hinchey Pastor struction of the vessel presents an un- Speaker pro tempore announced that Baldwin Hinojosa Payne acceptable fire risk that cannot be the noes appeared to have it. Barrow Hirono Perlmutter Bean Hodes mitigated by the addition of fire-sup- Peterson (MN) RECORDED VOTE Becerra Holden Pomeroy pression measures, says the Coast Mr. CHABOT. Mr. Speaker, I demand Berkley Holt Price (NC) Guard. Berman Honda Rahall a recorded vote. Berry Hooley As such, the Coast Guard’s position A recorded vote was ordered. Rangel Bishop (GA) Hoyer Reyes remains unchanged. The Delta Queen The SPEAKER pro tempore. Pursu- Bishop (NY) Inslee should be prohibited from operating Richardson ant to clause 9 of rule XX, the Chair Blumenauer Israel Rodriguez Boren Jackson (IL) with overnight passengers. Ross will reduce to 5 minutes the minimum Boswell Jackson-Lee Since May 28, 1936, the United States Rothman time for any electronic vote on the Boucher (TX) Roybal-Allard has required that passenger vessels be Boyd (FL) Johnson (GA) question of passage. Ruppersberger constructed essentially of fire retard- The vote was taken by electronic de- Brady (PA) Johnson, E. B. Brown, Corrine Jones (OH) Ryan (OH) ant material. In the interest of mari- vice, and there were—ayes 195, noes 208, Salazar time safety, the Coast Guard, con- Butterfield Kagen not voting 28, as follows: Capps Kanjorski Sa´ nchez, Linda tinuing their quote, has consistently T. [Roll No. 222] Capuano Kaptur opposed legislation to prolong the serv- Cardoza Kennedy Sanchez, Loretta ice of the Delta Queen. A vessel con- AYES—195 Carnahan Kildee Sarbanes Schakowsky structed of wood operating in the over- Aderholt Emerson Lucas Carney Kilpatrick Akin Fallin Lungren, Daniel Carson Klein (FL) Schiff night passenger trade presents an un- Altmire Ferguson E. Castor Kucinich Schwartz acceptable fire risk to its passengers Bachmann Flake Mack Clarke Lampson Scott (GA) and crew. Bachus Forbes Manzullo Cleaver Langevin Scott (VA) Clyburn Larsen (WA) Serrano It goes on at great length. Baird Fortenberry Marchant Barrett (SC) Fossella Marshall Conyers Larson (CT) Sestak The Delta Queen can operate in day- Bartlett (MD) Foster McCarthy (CA) Cooper LaTourette Shea-Porter time but not at night. Barton (TX) Foxx McCaul (TX) Costa Lee Sherman In the operation of the trade on the Bilbray Franks (AZ) McCotter Courtney Levin Shuler Bilirakis Frelinghuysen McCrery Crowley Lewis (GA) Sires Mississippi River, the worst disaster in Bishop (UT) Gallegly McHenry Cuellar Lipinski Skelton history occurred, fire onboard a paddle Blunt Garrett (NJ) McKeon Cummings LoBiondo Smith (NJ) wheeler. Yes, in the 19th century, but Boehner Gerlach McMorris Davis (CA) Lofgren, Zoe Smith (WA) 1,700 people died 100 yards from shore. Bonner Gilchrest Rodgers Davis (IL) Lowey Snyder Bono Mack Gingrey McNerney Davis, Lincoln Lynch On March 22 of this year, of this year, Solis Boozman Gohmert Melancon DeFazio Mahoney (FL) Space the Delta Queen had a fire in the gener- Boustany Goode Mica DeGette Maloney (NY) Speier ating room requiring the use of their Boyda (KS) Goodlatte Miller (FL) Delahunt Markey Spratt Brady (TX) Granger Miller, Gary DeLauro Matheson Stark fixed C02 extinguishing system. Fortu- Braley (IA) Graves Moran (KS) Diaz-Balart, L. Matsui Stupak nately, no one was injured. The gener- Broun (GA) Hall (TX) Musgrave Diaz-Balart, M. McCarthy (NY) Sutton Brown (SC) Hare Myrick Dicks McCollum (MN) ator shorted, caused flames to shoot Tauscher Buchanan Hastings (WA) Neugebauer Dingell McDermott out the generator end. Thompson (CA) Burton (IN) Hayes Nunes Donnelly McGovern Thompson (MS) Earlier this month, the Queen of the Buyer Heller Paul Doyle McHugh Tierney West, this April, a similar paddle wheel Calvert Hensarling Pearce Edwards McIntyre Towns Camp (MI) Herger Pence Ellison Meek (FL) operated by the very same company Tsongas that owns and operates the Delta Queen Cannon Hill Peterson (PA) Emanuel Meeks (NY) Cantor Hobson Petri Engel Michaud Udall (CO) had a fire in the engine room, required Capito Hoekstra Pickering English (PA) Miller (MI) Van Hollen ´ evacuation of 177 passengers and crew. Carter Hunter Pitts Eshoo Miller (NC) Velazquez Three crew members were treated for Castle Inglis (SC) Platts Etheridge Miller, George Visclosky Chabot Issa Poe Farr Mitchell Wasserman smoke inhalation. Chandler Jefferson Price (GA) Fattah Mollohan Schultz b 1445 Clay Johnson (IL) Putnam Filner Moore (KS) Waters Coble Johnson, Sam Ramstad Frank (MA) Moore (WI) Watson Last year, in May, the Empress of the Cohen Jones (NC) Regula Giffords Moran (VA) Watt North, another excursion vessel oper- Cole (OK) Jordan Rehberg Gillibrand Murphy (CT) Waxman Conaway Keller Reichert Weiner ated by the same company owning the Gonzalez Murphy, Patrick Crenshaw Kind Renzi Gordon Murphy, Tim Welch (VT) Delta Queen, ran aground in southeast Cubin King (IA) Reynolds Green, Al Murtha Wexler Alaska, evacuating over 200 passengers Culberson King (NY) Rogers (AL) Green, Gene Napolitano Woolsey Davis (AL) Kingston Rogers (KY) and crew; fourth grounding of that ves- Grijalva Neal (MA) Wu Davis (KY) Kirk Rogers (MI) Gutierrez Oberstar Young (AK) sel in less than 4 years. Davis, David Kline (MN) Rohrabacher Davis, Tom Knollenberg Ros-Lehtinen Now I can understand those who live NOT VOTING—28 along the Mississippi River, which Deal (GA) Kuhl (NY) Roskam Dent Lamborn Royce Alexander Costello McNulty starts nearly in my district all the way Doolittle Latham Sali Andrews Cramer Nadler down to the Gulf, but friends, we would Drake Latta Saxton Biggert Doggett Pascrell never stand for limiting safety on a 747 Dreier Lewis (CA) Schmidt Blackburn Everett Porter Duncan Lewis (KY) Sensenbrenner aircraft. And over a decade ago, a for- Brown-Waite, Feeney Pryce (OH) Ehlers Linder Sessions Ginny Higgins Radanovich eign airline was trying to remove over- Ellsworth Loebsack Shadegg Burgess Hulshof Rush Campbell (CA) LaHood

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00078 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.002 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 6961 Ryan (WI) Udall (NM) Wynn Heller McCollum (MN) Sarbanes Everett Miller, George Rush Slaughter Weller Yarmuth Hensarling McCotter Saxton Feeney Nadler Ryan (WI) Herger McCrery Schakowsky Higgins Pascrell Udall (NM) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Herseth Sandlin McDermott Schiff Hulshof Porter Weldon (FL) The SPEAKER pro tempore (during Hill McGovern Schmidt LaHood Pryce (OH) Weller the vote). There are 2 minutes remain- Hinchey McHenry Schwartz McNulty Radanovich Yarmuth Hinojosa McHugh ing in this vote. Scott (GA) Hirono McIntyre Scott (VA) b 1513 Hobson McKeon b 1504 Sensenbrenner So the bill was passed. Hodes McMorris Serrano The result of the vote was announced Hoekstra Rodgers Sessions Messrs. BISHOP of Georgia, LIN- Holden McNerney as above recorded. COLN DAVIS of Tennessee, Sestak Holt Meek (FL) Shadegg A motion to reconsider was laid on PERLMUTTER, and ENGLISH of Honda Meeks (NY) Shays the table. Pennsylvania changed their vote from Hooley Melancon Shea-Porter Hoyer Mica f Sherman ‘‘aye’’ to ‘‘no.’’ Hunter Michaud Shimkus AUTHORIZING THE CLERK TO Mr. HARE changed his vote from Inglis (SC) Miller (FL) Shuler Inslee Miller (MI) MAKE CORRECTIONS IN EN- ‘‘no’’ to ‘‘aye.’’ Shuster Israel Miller (NC) GROSSMENT OF H.R. 2830, COAST So the motion to recommit was re- Simpson Issa Miller, Gary GUARD AUTHORIZATION ACT OF jected. Jackson (IL) Mitchell Sires The result of the vote was announced Jackson-Lee Mollohan Skelton 2008 (TX) Moore (KS) Slaughter as above recorded. Smith (NE) Mr. OBERSTAR. Mr. Speaker, I ask Jefferson Moore (WI) unanimous consent that the Clerk be The SPEAKER pro tempore. The Johnson (GA) Moran (KS) Smith (NJ) question is on the passage of the bill. Johnson (IL) Moran (VA) Smith (TX) authorized to make technical correc- The question was taken; and the Johnson, E. B. Murphy (CT) Smith (WA) tions in the engrossment of H.R. 2830, Johnson, Sam Murphy, Patrick Snyder including corrections in spelling, punc- Speaker pro tempore announced that Jones (NC) Murphy, Tim Solis the ayes appeared to have it. Jones (OH) Murtha Souder tuation, section and title numbering, Space RECORDED VOTE Jordan Musgrave cross-referencing, conforming amend- Kagen Myrick Speier Mr. OBERSTAR. Mr. Speaker, I de- ments to the table of contents and Kanjorski Napolitano Spratt short titles, and the insertion of appro- mand a recorded vote. Kaptur Neal (MA) Stark priate headings. A recorded vote was ordered. Keller Neugebauer Stearns The SPEAKER pro tempore. Is there The SPEAKER pro tempore. This Kennedy Oberstar Stupak Kildee Obey Sullivan objection to the request of the gen- will be a 5-minute vote. Kilpatrick Olver Sutton tleman from Minnesota? The vote was taken by electronic de- Kind Ortiz Tanner There was no objection. vice, and there were—ayes 395, noes 7, King (IA) Pallone Tauscher King (NY) Pastor Taylor f not voting 29, as follows: Kingston Payne Terry [Roll No. 223] Kirk Pearce Thompson (CA) b 1515 Klein (FL) Pence AYES—395 Thompson (MS) LEGISLATIVE PROGRAM Kline (MN) Perlmutter Thornberry Abercrombie Cantor Drake Knollenberg Peterson (MN) Tiahrt (Mr. BLUNT asked and was given Ackerman Capito Dreier Kucinich Peterson (PA) Tiberi permission to address the House for 1 Aderholt Capps Edwards Kuhl (NY) Petri Tierney Akin Capuano Ehlers Lamborn Pickering minute.) Towns Mr. BLUNT. I yield to my friend, the Allen Cardoza Ellison Lampson Pitts Tsongas Altmire Carnahan Ellsworth Langevin Platts Turner gentleman from Maryland, the major- Arcuri Carney Emanuel Larsen (WA) Poe Udall (CO) ity leader, for information about the Baca Carson Emerson Larson (CT) Pomeroy Upton Bachmann Carter Engel Latham Price (GA) schedule. Van Hollen Bachus Castle English (PA) LaTourette Price (NC) Mr. HOYER. I thank the Republican Vela´ zquez Baird Castor Eshoo Latta Putnam Visclosky whip. Baldwin Chabot Etheridge Lee Rahall On Monday, the House is not in ses- Barrett (SC) Chandler Fallin Levin Ramstad Walberg Barrow Clarke Farr Lewis (CA) Rangel Walden (OR) sion. On Tuesday, the House will meet Bartlett (MD) Clay Fattah Lewis (GA) Regula Walsh (NY) at 12:30 p.m. for morning hour and 2 Barton (TX) Cleaver Ferguson Lewis (KY) Rehberg Walz (MN) p.m. for legislative business. On Wamp Bean Clyburn Filner Linder Reichert Wednesday and Thursday, the House Becerra Cohen Forbes Lipinski Renzi Wasserman Berkley Cole (OK) Fortenberry LoBiondo Reyes Schultz will meet at 10 a.m. for legislative Berman Conaway Fossella Loebsack Reynolds Waters business. On Friday, no votes are ex- Berry Conyers Foster Lofgren, Zoe Richardson Watson pected. Biggert Cooper Foxx Lowey Rodriguez Watt We will consider several bills under Bilbray Costa Frank (MA) Lucas Rogers (AL) Waxman Bilirakis Courtney Franks (AZ) Lungren, Daniel Rogers (MI) Weiner suspension of the rules. The final list of Bishop (GA) Crenshaw Frelinghuysen E. Rohrabacher Welch (VT) suspension bills, as usual, will be an- Bishop (NY) Crowley Gallegly Lynch Ros-Lehtinen Westmoreland nounced by the close of business to- Bishop (UT) Cubin Garrett (NJ) Mack Roskam Wexler morrow. We will consider H.R. 493, the Blumenauer Cuellar Gerlach Mahoney (FL) Ross Whitfield (KY) Blunt Culberson Giffords Maloney (NY) Rothman Wilson (NM) Genetic Information Nondiscrimina- Boehner Cummings Gilchrest Manzullo Roybal-Allard Wilson (OH) tion Act, and H.R. 5522, the Combus- Bonner Davis (AL) Gillibrand Marchant Royce Wilson (SC) tible Dust Explosion and Fire Preven- Bono Mack Davis (CA) Gingrey Markey Ruppersberger Wittman (VA) Boozman Davis (IL) Gohmert Marshall Ryan (OH) Wolf tion Act. Boren Davis (KY) Gonzalez Matheson Salazar Woolsey Finally, Members should note that Boswell Davis, David Goode Matsui Sali Wu on Wednesday, the Prime Minister of Boucher Davis, Lincoln Goodlatte McCarthy (CA) Sa´ nchez, Linda Wynn Ireland, The Honorable Bertie Ahern, Boustany Davis, Tom Gordon McCarthy (NY) T. Young (AK) Boyda (KS) Deal (GA) Granger McCaul (TX) Sanchez, Loretta Young (FL) will address a joint meeting of the Brady (PA) DeFazio Graves House and Senate. Brady (TX) DeGette Green, Al NOES—7 Mr. BLUNT. I thank the gentleman Braley (IA) Delahunt Green, Gene Coble Nunes Tancredo for that information. Broun (GA) DeLauro Grijalva Duncan Paul Will the Combustible Dust Explosion Brown (SC) Dent Gutierrez Flake Rogers (KY) Brown, Corrine Diaz-Balart, L. Hall (NY) and Fire Prevention Act, will that act Buchanan Diaz-Balart, M. Hall (TX) NOT VOTING—29 be under a rule? Burton (IN) Dicks Hare Mr. HOYER. Yes. Butterfield Dingell Harman Alexander Brown-Waite, Campbell (CA) Mr. BLUNT. And the Genetic Infor- Calvert Donnelly Hastings (FL) Andrews Ginny Costello Camp (MI) Doolittle Hastings (WA) Blackburn Burgess Cramer mation Nondiscrimination Act will be Cannon Doyle Hayes Boyd (FL) Buyer Doggett as well?

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00079 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.002 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6962 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 April 24, 2008 Mr. HOYER. Yes. are trying to proceed in a way that will think something can be done. Whether Mr. BLUNT. I thank the gentleman facilitate the passage of this bill to the or not the supplemental is the place or for that. I notice the schedule doesn’t Senate and hopefully transmittal to not, I don’t know. I do believe that include anything yet on the supple- the President prior to the Memorial whatever we do should become perma- mental. I continue to see reports sug- Day break. nently part of the benefits that vet- gesting that the supplemental may Mr. BLUNT. Well, I thank the gen- erans should anticipate being able to come directly to the floor and not tleman for that. I do think the time have in the future and not have any through committee. I wonder if the does matter here because of the poten- kind of a temporary aspect to it. gentleman has any indication of what tial for furlough notices and other The other question I had of my friend might be the schedule at this time on things for troops if we let this bill go are just about the conferences that I the supplemental. much beyond the work period we are in haven’t asked about in a couple of I would yield. right now between now and Memorial weeks. There are really three of them I Mr. HOYER. I thank my friend for Day. am wondering about, and that would be yielding. One of the items that I keep seeing the conference on the farm bill, the As you have read, we are discussing reports that could be in this bill would conference on the higher education how to process the supplemental. As I be enhanced GI benefits. The cost esti- bill, or the budget itself. indicated to you, it is my intention mates I have seen from a Senate cost I would yield. that we will pass the supplemental estimate on a bill over there, to a bill Mr. HOYER. I thank the gentleman prior to Memorial Day. By that, I mean here, have been anywhere from a low of for yielding. in sufficient time so the Senate can do $20 billion to a high of $60 billion over I think the good news is that cer- so as well so we can pass it finally. 10 years. I know a number of Repub- tainly on the farm bill, Mr. PETERSON That is my hope and my intention. licans have been working on that as indicates that progress is being made. We are still working on the compo- well. Some of them have reached out to As you know, we extended it to May 2 nents of the supplemental, and very Democrats this week, saying, We hope to give the conference committee a lit- frankly, it has not yet been finally de- we can find a way to pay for this. tle more time. cided as to how that might be proc- Does the gentleman have any knowl- They have been working at it very essed. Obviously, at times in the past it edge of whether or not that GI bill, ex- diligently. It’s difficult. There were has been added to other legislation. In panded GI benefits, is being actively substantial differences, not so much other times, it has been passed as a discussed as part of the bill? partisan differences, but substantial free-standing bill. Committee consider- I would yield. differences between the two Houses. ation, obviously, is part of the regular Mr. HOYER. I thank the gentleman The Democrats and Republicans, frank- order, if we go that way, but there are for yielding. ly, on both sides of the issues. other ways to go. We want to facilitate I will tell the gentleman that very We believe that progress is being the passage of it as quickly as possible. definitely it’s being discussed. We be- made. I am hopeful that we can, in the Mr. BLUNT. I appreciate the need to lieve this is a cost of war. We have over next week, have a conference report on get this war supplemental done. Of 4,000 families who have lost husbands, the farm bill on the floor. I am hopeful. course we have been talking about it wives, brothers and sisters. We have I am not predicting that, but I am during this entire work period for the over 30,000 severely injured. Obviously, hopeful. last 4 weeks now. Since 1989, the Con- the GI bill for those who came home As to the budget, I think progress is gress has passed 36 supplementals. All from World War II and Korea had very being made there as well. There are but seven of them went through the good benefits that were helpful to some thorny issues. We are very com- committee process. On those seven oc- them. Unfortunately, particularly with mitted to PAYGO. You mentioned casions—it was the supplemental right respect to our Guard and Reserve, that PAYGO as it relates to the GI bill. We after 9/11, the supplemental right after is not the case. are committed to PAYGO. I was very Katrina. I would just say to the gen- JIM WEBB, the former Secretary of pleased to hear that some of your tleman that I know our members of the the Navy, now the Senator from Vir- members want to make sure that the Appropriations Committee today have ginia, as you know, has introduced a veterans bill is paid for. The war costs, expressed great concern if the com- bill. STEPHANIE HERSETH SANDLIN on which we believe the veterans benefit mittee doesn’t have the opportunity to this side has also introduced a bill. are a part of, are not paid for, as you mark this up in regular order, and I Others have introduced legislation try- know, in the President’s proposal. don’t know that that has anything ing to make sure that the veterans who But with respect to the third con- other than informational value to you, are coming home from Iraq that have ference, the higher education bill, let it may very well go through the com- been deployed for long periods of time, me see if I have a note here. We are mittee. If it doesn’t, I have heard a lot have had their lives very substantially also making progress, it says, on the of concern expressed about why, with disrupted, their families’ lives dis- higher education conference. But it is the amount of time we have had here, rupted, fighting for their country, that likely, according to the chairman, that we would do what is a relatively ex- this is a cost of war. we will need a short-term extension traordinary thing. We are trying to address this, and the next week because apparently they are I would be glad to yield. gentleman is correct, there is discus- not sure that they will get it finished Mr. HOYER. I appreciate the gen- sion about, as a cost of war, having this by next week. So we may need an ex- tleman yielding. proceed to the President perhaps on tension. If so, we will bring one to the Our intent obviously, as I said, is to the supplemental. That is under discus- floor. I presume that will be in agree- pass this bill. Obviously we are consid- sion. That decision has not been made. ment with both the ranking member ering the best way to do so, giving But it’s certainly very high on our pri- and the chairman. every Member an opportunity to vote ority list to take care of these veterans Mr. BLUNT. I thank the gentleman as they see fit on various component that have come home and give them for that. Of course we did a 1-week ex- parts of the supplemental, and we are the kind of benefits that we think they tension on the farm bill again today. considering how best to do that. are due as great patriots who have sac- We have done several extensions now. I I understand, certainly, the commit- rificed for our country. hope we get to a point where we have a tee’s concern, having served on that Mr. BLUNT. I thank the gentleman bill on the floor or have some ongoing committee for about 24 years, and hav- for that information. I know Senator policy that farmers can rely on, even if ing considered a number of MCCAIN on the other side of the build- that is an extension of the bill we have, supplementals. As a member of that ing also has come up with a proposal in but some ongoing policy really does committee, I understand that concern. this area. He introduced legislation in matter, and I hope we get there. But I will tell the gentleman that we this area. So it’s widely discussed. I I thank the gentleman.

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00080 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.002 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 6963 Mr. HOYER. I would just say we are SECTION 1. EXPENSES OF SELECT COMMITTEE. COMMUNICATION FROM DISTRICT in agreement. (a) PAYMENT OF EXPENSES.—In addition to DIRECTOR, THE HONORABLE the amounts authorized under House Resolu- SUSAN A. DAVIS, MEMBER OF f tion 723, as agreed to October 10, 2007, there CONGRESS AUTHORIZING THE SPEAKER TO shall be paid out of the applicable accounts of the House of Representatives not more The SPEAKER pro tempore laid be- DECLARE A RECESS ON WEDNES- than $150,000 for the expenses of the select DAY, APRIL 30, 2008, FOR THE fore the House the following commu- committee established under House Resolu- nication from Todd Gloria, District Di- PURPOSE OF RECEIVING IN tion 611, as agreed to August, 3, 2007 (here- rector, the Honorable SUSAN A. DAVIS, JOINT MEETING HIS EXCEL- after referred to as the ‘‘select committee’’). Member of Congress: LENCY BERTIE AHERN, PRIME (b) VOUCHERS.—Payments under this reso- MINISTER OF IRELAND lution shall be made on vouchers authorized HOUSE OF REPRESENTATIVES, by the select committee, signed by the chair- Washington, DC, April 16, 2008. Mr. HOYER. Mr. Speaker, I ask man of such committee, and approved in the Hon. NANCY PELOSI, unanimous consent that it may be in manner directed by the Committee on House Speaker, House of Representatives, order at any time on Wednesday, April Administration. Washington, DC. 30, 2008, for the Speaker to declare a re- (c) REGULATIONS.—Amounts made avail- DEAR MADAM SPEAKER: This is to formally cess, subject to the call of the Chair, able under this resolution shall be expended notify you, pursuant to Rule VIII of the for the purpose of receiving in joint in accordance with regulations prescribed by Rules of the House of Representatives, that I the Committee on House Administration. have been served with two criminal trial sub- meeting His Excellency Bertie Ahern, poenas for testimony issued by the Superior Prime Minister of Ireland. The resolution was agreed to. A motion to reconsider was laid on Court for San Diego County, California. The SPEAKER pro tempore (Mr. After consulting with the Office of General ALTMIRE). Is there objection to the re- the table. Counsel, I have determined that compliance quest of the gentleman from Maryland? f with the subpoenas is consistent with the There was no objection. COMMUNICATION FROM DEPUTY privileges and rights of the House. Sincerely, DISTRICT DIRECTOR, THE HON- f TODD GLORIA, ORABLE SUSAN A. DAVIS, MEM- District Director. ADJOURNMENT FROM FRIDAY, BER OF CONGRESS APRIL 25, 2008, TO TUESDAY, f The SPEAKER pro tempore laid be- APRIL 29, 2008 b 1530 fore the House the following commu- Mr. HOYER. Mr. Speaker, I ask nication from Jessica Poole, Deputy HIGHLIGHTING APRIL AS NA- unanimous consent that when the District Director, the Honorable SUSAN TIONAL STD AWARENESS MONTH House adjourns tomorrow, it adjourn A. DAVIS, Member of Congress: to meet at 12:30 p.m. on Tuesday next (Ms. WASSERMAN SCHULTZ asked HOUSE OF REPRESENTATIVES, for morning-hour debate. and was given permission to address Washington, DC, April 16, 2008. the House for 1 minute.) The SPEAKER pro tempore. Is there Hon. NANCY PELOSI, objection to the gentleman from Mary- Ms. WASSERMAN SCHULTZ. Mr. Speaker, House of Representatives, Speaker, I rise to recognize April as land? Washington, DC. National STD Awareness Month. As There was no objection. DEAR MADAM SPEAKER: This is to formally notify you, pursuant to rule VIII of the Rules you may know, the Centers for Disease f of the House of Representatives, that I have Control and Prevention recently re- DISPENSING WITH CALENDAR been served with two criminal trial sub- leased a disturbing statistic. One in WEDNESDAY BUSINESS ON poenas for testimony issued by the Superior four young women between the ages of WEDNESDAY NEXT Court for San Diego County, California. 14 to 19 has a sexually transmitted dis- After consulting with the Office of General ease, and it is likely that she does not Mr. HOYER. Mr. Speaker, I ask Counsel, I have determined that compliance even know it. This amounts to an esti- unanimous consent that the business with the subpoenas is consistent with the mated 3.2 million teen girls in America in order under the Calendar Wednesday privileges and rights of the House. with at least one of four common rule be dispensed with on Wednesday Sincerely, JESSICA POOLE, STDs, including chlamydia and HPV. next. Deputy District Director. The good news is that these diseases The SPEAKER pro tempore. Is there and infections are preventable. We objection to the request of the gen- f have a responsibility to make sure that tleman from Maryland? COMMUNICATION FROM STAFF AS- parents and teenagers have the re- There was no objection. SISTANT, THE HONORABLE sources they need to make smart f SUSAN A. DAVIS, MEMBER OF CONGRESS choices for their health and well-being. This includes access to education and PROVIDING ADDITIONAL AMOUNTS The SPEAKER pro tempore laid be- FOR EXPENSES OF SELECT COM- access to affordable preventive health fore the House the following commu- care and screening. MITTEE ESTABLISHED UNDER nication from Nicholaus Norvell, Staff HOUSE RESOLUTION 611 As a Co-Chair of the Young Women’s Assistant, the Honorable SUSAN A. Task Force for the Women’s Caucus, I Mr. DAVIS of Alabama. Mr. Speaker, DAVIS, Member of Congress: call on my colleagues to take note of I ask unanimous consent for the imme- HOUSE OF REPRESENTATIVES, the CDC’s startling statistic, and I con- diate consideration of the resolution Washington, DC, April 16, 2008. gratulate Congresswoman STEPHANIE Hon. NANCY PELOSI, (H. Res. 1148) providing additional TUBBS JONES for introducing a resolu- amounts for the expenses of the select Speaker, House of Representatives, Washington, DC. tion supporting National STD Aware- committee established under House ness Month. Resolution 611. DEAR MADAM SPEAKER: This is to formally notify you, pursuant to Rule VIII of the f The Clerk read the title of the resolu- Rules of the House of Representatives, that I tion. have been served with two criminal trial sub- RECOGNIZING THE IMPORTANCE The SPEAKER pro tempore. Is there poenas for testimony issued by the Superior OF PRAYER IN AMERICAN LIFE objection to the request of the gen- Court for San Diego County, California. AND HISTORY tleman from Alabama? After consulting with the Office of General (Mr. GARRETT of New Jersey asked There was no objection. Counsel, I have determined that compliance and was given permission to address with the subpoenas is consistent with the The text of the resolution is as fol- the House for 1 minute.) lows: privileges and rights of the House. Sincerely, Mr. GARRETT of New Jersey. Mr. H. RES. 1148 NICHOLAUS NORVELL, Speaker, I rise today as a member of Resolved, Staff Assistant. the bipartisan Congressional Prayer

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00081 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.003 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6964 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 April 24, 2008 Caucus, as we do each week, to for- Shawn, and Adrianna; his 11 brothers Chamber. We use words like ‘‘supple- mally acknowledge the importance of and sisters; his mother and his father. mental,’’ ‘‘counterinsurgency,’’ ‘‘rede- prayer in American life and history. Last week I had the opportunity to ployment.’’ But behind each of these Today I remind my colleagues, con- talk to his father about the loss of his words is a young life like Sergeant stituents and country of our need for son in Iraq as he disabled an IED and it Capra’s. More than 4,000 Americans, prayer by reading a portion of a procla- exploded. Obviously, he saved scores of like Tony Capra, have paid the ulti- mation by John Hancock 220 years ago others, and paid the ultimate price. His mate price, have given the ultimate in 1783 while he was Governor of the dad, as one would imagine, was ex- sacrifice for our Nation in Iraq and Af- Commonwealth of Massachusetts. traordinarily sad, but also exception- ghanistan. They bear the burden of the He said, ‘‘It has been the laudable ally proud of the duty his son had per- decisions we make here almost every Practice of this Country, to open the formed. day. And we have a responsibility, in- Business of the Year, by setting apart a I am sure I could have seen in his de- deed, we have a moral obligation, to Day for Religious Exercise, thereby to votion to our Armed Forces an abso- never forget the Tony Capras and the implore the Blessing of God upon all lute commitment to their mission, to 4,000 others whom we have lost. the Undertakings of his People. his duty, to his country. Mr. Speaker, may God bless Tony ‘‘He hath been graciously pleased to Sergeant Tony Capra, 31 years of age, Capra, a man of courage, patriotism, hear our Prayers. At such a Time then, died on April 9th in Iraq. He was an Air valor and commitment, and may He it is peculiarly fit and becoming for us Force Ordnance Technician based in In- console and strengthen those who grieve his loss. as a People, while we express our Grat- dian Head City, Maryland, in my dis- trict, an expert diffuser of improvised itude to Almighty God for his numer- f explosive devices. Quoting from the re- ous and unmerited Favors, to humble TIME FOR A DIVORCE FROM CORN- port about him, his ‘‘keen eye for de- ourselves before Him for our manifold BASED ETHANOL tails, astounding memory, and courage Sins, and to profess our entire Depend- without measure,’’ in the words of his The SPEAKER pro tempore. Under a ence upon his paternal Care, beseech- commanding officer, as I have said, previous order of the House, the gen- ing Him to give us his Grace that we saved countless lives. tleman from Texas (Mr. POE) is recog- may be able to improve his Mercies to But in the middle of an Iraqi road, nized for 5 minutes. his Honor and Glory.’’ not far from Balad Air Force Base, an Mr. POE. Mr. Speaker, Congress has f explosion took his life. Sergeant Capra a love affair with corn-based ethanol, was on his fourth tour in Iraq. When he and that love affair, Mr. Speaker, is on ANNOUNCEMENT BY THE SPEAKER could have rested at home, he volun- the rocks. PRO TEMPORE teered to return to work, to work Ethanol has led to increased food The SPEAKER pro tempore. The against explosive devices designed to prices, food shortages, and more pollu- Chair will remind visitors in the gal- maim and kill his fellow soldiers, as tion and less energy. As we have in- lery not to show approval or dis- well as innocent Iraqi men and women, creased our reliance on ethanol, food approval of the proceedings. and, yes, too many children. He placed supplies and prices have soared and have led to a global food shortage as f his body in harm’s way. He laid his life down for others. He died in our coun- customers stock up before stores run SPECIAL ORDERS try’s service and was posthumously out. Shortages have led to food riots in awarded a second Bronze Star. Egypt, Haiti and other nations. There The SPEAKER pro tempore. Under is an international shortage of basic the Speaker’s announced policy of Jan- But this great Nation owes him a debt far beyond its power to repay. It is commodities such as rice and wheat, uary 18, 2007, and under a previous and this has resulted in protests and order of the House, the following Mem- because of the bravery and sacrifice of American patriots like Tony Capra riots. bers will be recognized for 5 minutes American consumers are reactionary. that a dangerous dictator no longer each. They read about the international menaces his own people and the world, shortage and the riots and they run to f and that 25 million human beings who the store to buy more food, stocking were oppressed for a quarter of a cen- TRIBUTE TO TECHNICAL up. Yesterday, Wal-Mart and Costco tury are currently struggling to estab- SERGEANT ANTHONY CAPRA announced they were limiting pur- lish a democratic government that an- The SPEAKER pro tempore. Under a chases of rice. You can only buy four swers to its own people, that stands for bags of rice on any one trip at Wal- previous order of the House, the gen- freedom, and respects the rule of law. tleman from Maryland (Mr. HOYER) is Mart. That was Tony Capra’s vision. That is Mr. Speaker, who would have recognized for 5 minutes. why he served his country so well. Mr. HOYER. Mr. Speaker, I quote: thought that in the United States we I hope, in time, that Tony’s unwaver- would start having food rationing? ‘‘Somehow or other their faces seemed ing patriotism and courage gives some different from those of ordinary men.’’ Also, because of inflation of the comfort to his family. I know it does. prices of corn-based ethanol, other food Winston Churchill wrote those words But, today, there is so little we can say products are going up. Prices on beer, about volunteers who risked their lives to soften this blow. As his young broth- bread, coffee, pizza and rice are dra- defusing bombs in wartime. I imagine er James said shortly after his death, matically increasing. Anything that that he saw in their faces the constant ‘‘It’s like a puzzle. Our family is not has a corn-based product has also in- strain of knowing that their smallest complete without all the pieces to- creased in price. movements over the bomb could mean gether.’’ In Mexico, cornmeal prices are up 60 the difference between life and death. I Memories of Tony are all that can be percent. In Pakistan, flour prices have imagine that he saw in the lines and put in his place, and I know how insuf- doubled. And even China is having a creases the evidence of the burden they ficient they must seem right now. But food inflation problem. In America, the carried for their comrades; and, deeper my sincere hope for you, the family cost of all groceries is skyrocketing. still, some indefinable quality that and friends of Sergeant Capra, is that The shortage of staple food has larger made them willing to take that burden those memories will turn in time from consequences for our country, and, of on again and again. a source of grief to a well of comfort; course, it adds to inflation. Mr. Speaker, I never met Technical that you will be consoled by the loving Also, we are now finding out that Sergeant Tony Capra. But underneath and devoted way he lived, and the fear- corn-based ethanol contributes to glob- all the marks of strain and stress, I am less way he died in the service of oth- al warming. In March, Science Maga- sure I could have seen there his love for ers. zine reported that ‘‘Using good crop- his family: His wife, Angie; his five Let me end with this thought. We land to expand biofuels increases glob- children, Mark, Victoria, Jared, often speak in abstractions in this al warming.’’

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00082 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.003 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 6965 Under Congress’ ethanol mandates, Mr. SKELTON. Mr. Speaker, last contractors, who pay them for serving farmers must plow more land to grow Sunday the front page of the New York on boards for their defense expertise enough corn to use in our vehicles. Times included a story about the ef- and, perhaps more to the point, for This releases carbon stored in plants forts of the Pentagon’s public affairs their Pentagon connections? and in the soil. And Science Magazine operation to influence retired military Will their analysis, either by design continues to say that corn-based eth- officers now working as military ana- or just by lucky coincidence, result in anol will increase greenhouse gasses by lysts for some of our Nation’s largest contracts or other advantages for the 93 percent in 30 years. media organizations. companies from which they take home Ethanol also pollutes. Factories that Mr. Speaker, I am very angry about a paycheck? convert corn into ethanol release car- the issues raised by the New York Mr. Speaker, it hurts me to my core bon monoxide, methanol and some car- Times story, as are many of my col- to think that there are those from the cinogens at a very high level. The leagues who have called me aside to ranks of our retired officers who have science that predicted less CO2 from discuss it. The story does not reflect decided to cash in and essentially pros- corn ethanol is now being questioned well on the Pentagon, on the military titute themselves on the basis of their as junk science. analysts in question, or on the media previous positions with the Depart- Ethanol pollution has also contrib- organizations that employ them. ment of Defense. I would hate to think uted to the dead zone in the Gulf of Mr. Speaker, maybe I am too ideal- that, because a few people have blurred Mexico. What that is, Mr. Speaker, is istic, but this story is appalling to me ethical boundaries and cashed in on the water that runs down into the Gulf on a number of levels. For me, it all their former positions, that we might of Mexico at the mouth of the Mis- comes down to trust and credibility. tarnish the military’s hard-won reputa- sissippi, because of the pollutants in And it would be a dangerous thing for tion for professionalism and objec- that water, it causes a dead zone about the American people to lose trust in tivity and love of country first and the size of New Jersey where nothing the Pentagon, in our retired officers foremost. lives and nothing grows. corps, and in the press, each of which Finally, I think our media have a se- As Congress continues to subsidize has a critical role to play in preserving rious responsibility to disclose poten- corn-based ethanol, farmers are using our Nation’s freedoms. tial conflicts of interest when they do more and more fertilizer to plant corn, Through the years, I have frequently their reporting. This applies to all of and thus more fertilizer runs into the urged our military services to improve their stories, of course, and not just to Mississippi River, down the river to the their efforts to tell America about the those that include retired officer mili- Gulf of Mexico, and the dead zone con- good work that is being done by our tary analysts. I understand that dif- tinues to grow. country’s sons and daughters in the ferent organizations have different You see, we don’t eat corn anymore. uniform. Our military services have an rules, but perhaps it would not be out We burn it in our cars. Farmers plant- important story to tell, and public af- of order for our journalism schools and ing more corn only increase the dead fairs offices are critical to that task. professional journalism organizations zone problem. So now we are having a But credibility is paramount. Once to develop ethical guidelines for deal- problem with food production that lost, it is difficult or impossible to re- ing with such issues. comes from the sea, from the Gulf of gain. Mr. Speaker, our Nation’s military Mexico, all because of corn-based eth- There is nothing inherently wrong exists to protect America’s freedoms anol. with providing information to the pub- for its citizens today and for future And, of course, ethanol hurts other lic and to the press; but, there is a generations. The First Amendment industries. While grain producers have problem if the Pentagon is providing guarantees the right of all Americans, benefited from ethanol mandates be- special access to retired officers, and including retired servicemembers and cause of record profits, some other in- then basically using them as pawns to members of the press, to speak freely dustries are hurting. The losers are spout the administration’s talking and without restraint. But with our livestock farmers and ranchers, who points of the day. There are allegations rights come responsibilities to act hon- have lost about $30 more an animal that analysts who failed to deliver the estly and ethically. since the fall. message required by the administra- I have no doubt we will continue to tion mysteriously lost access to future discuss these matters in the days b 1545 briefings and information. I find this ahead. In other words, corn prices going up deeply troubling. We deserve to be able f cost more to feed their beef, and then to trust the actions of the Pentagon. beef prices continue to go up as well. We also deserve a retired officer 93RD ANNIVERSARY OF THE And we pay. The consumer always corps that is worthy of the respect it ARMENIAN GENOCIDE pays. receives from the American people, The SPEAKER pro tempore. Under a So, Mr. Speaker, Congress needs to who place great faith in their judgment previous order of the House, the gen- rethink its love affair with ethanol. We and their loyalty to our Nation. Ameri- tleman from New Jersey (Mr. GARRETT) need to lift the offshore drilling prohi- cans trust our Active Duty and retired is recognized for 5 minutes. bition against drilling for crude oil and military, and rightly so. Mr. GARRETT of New Jersey. Mr. for natural gas. We need to develop our I know a number of the retired offi- Speaker, today we mark the 93rd anni- own natural resources. We need to cers employed by the media as military versary of the onset of the Armenian allow permits for clean coal produc- analysts to be honorable people. But genocide. It is on this date that the tion. We need to use safe nuclear en- the special access they are alleged to Ottoman officials captured more than ergy. And, we need to get back to eat- have received and the circumstances of 200 Armenian intellectual leaders and ing corn instead of burning it in our ve- their employment, without proper dis- placed them in prison. Unfortunately, hicles. It is time for us to get a divorce closure of their outside interests or bi- these actions were only the beginning from corn-based ethanol. ases, raise a number of uncomfortable of the Ottoman-led atrocities against And that’s just the way it is. questions that deserve serious answers. the Armenians. f Which master do these analysts During the following years, at least serve: The United States Government, 1.5 million Armenians were arrested RETIRED OFFICERS AS PAWNS OF which supplies their retirement pay? and compelled to march hundreds of THE PENTAGON The Pentagon, which may reduce the miles to what is today the Syrian The SPEAKER pro tempore. Under a amount of analysis they actually need desert. And along the way, prisoners of previous order of the House, the gen- to do by providing detailed talking all ages endured hunger, thirst, rape, tleman from Missouri (Mr. SKELTON) is points promoting the current adminis- sexual abuse, and other forms of tor- recognized for 5 minutes. tration’s message agenda? The defense ture.

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00083 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.003 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6966 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 April 24, 2008 While it is difficult for us to com- on human rights. It has been con- waterboarding is just the latest exam- memorate these terrible acts each demned for its recent crackdown on ple of what I am talking about. year, we must continue to remember Tibet, its oppression of dissidents at And what was gained by trashing our those horrors that can occur when gov- home, and its support for the regime in values? Nothing. A report written by ernments persecute citizens based on Sudan that is responsible for the geno- the National Defense University, the ethnicity or religious affiliation. cide in Darfur. Pentagon’s premier military edu- We often hear those words of George Russia is another country that has cational institute, called our occupa- Santayana’s famous quote that, received justifiable criticism for crack- tion of Iraq a major debacle. ‘‘Those who cannot remember the past ing down on freedom. President Putin Mr. Speaker, 92 Members of the are condemned to repeat it.’’ And these has rolled back many of the demo- House have written to the President to words are ringing true today as well. cratic gains Russia made after the Cold tell him that we will fully fund the re- Already, there are those who deny that War. And the recent elections in Russia sponsible redeployment of our troops the Armenian genocide occurred de- were a sham, clearly rigged to favor out of Iraq, but we will not approve an- spite the vast evidence to the contrary. Putin’s candidate. other penny to support the disastrous Meanwhile, our generation has seen its Because of all of this, you would policy of open-ended occupation. own mass murders occur in Rwanda think that the people of the world After more than 5 years of occupa- and Sudan. would have a much higher opinion of tion, it is time for us to redeem Amer- So, I urge my colleagues in the ma- the United States, the world’s greatest ica’s reputation, restore our values, re- jority to bring House Resolution 106, democracy, than they would have of build Iraq, and lead the world in the which commemorates these atrocities anti-democratic China and Russia. But fight for peace once again. that occurred only a few generations that just isn’t the case. Incredibly, ac- f ago, to the House Floor for a vote. Now cording to the most recent annual sur- is the time for America to officially en- vey of international attitudes, America CELEBRATING EARTH DAY sure that U.S. foreign policy reflects is viewed more negatively around the The SPEAKER pro tempore. Under a sensitivity concerning human rights world than China and Russia. previous order of the House, the gen- issues. The Study of World Opinion was con- tleman from California (Mr. SCHIFF) is Just yesterday, I had the privilege of ducted by the BBC World Survey. Ac- recognized for 5 minutes. meeting Alice Khachadoorian- cording to the BBC, America’s image Mr. SCHIFF. Mr. Speaker, 2 days ago Shnorhokian. Alice is a resident of abroad plummeted after our invasion of we celebrated Earth Day, a holiday Mahwah, New Jersey, which is a town Iraq in the year 2003, and continued to that began in 1970, when Senator Gay- in my district. Alice was born in Tur- decline in the following years. lord Nelson recognized the growing key in 1912 to a successful, respected The latest survey, which was released public movement that we now know as Armenian family of eight. And when on April 1, however, has shown some environmentalism, and called on envi- Turkish officials ordered Armenians to good news. America’s image is a little ronmentally concerned citizens to join denounce their faith and nationality, better than it was last year. But it is him in cities around the world to dem- she and her parents refused. As a re- not because the world has suddenly onstrate, teach, and learn about pre- sult, her family was rounded up and or- changed its opinion about the Bush ad- serving the world’s natural wonders. dered to march into the desert. Alice ministration and its policies in Iraq. Speaking on that occasion, Senator and her brother were too young, of The director of the survey was Nelson said of the first Earth Day, ‘‘It course, at that age to walk, so her par- quoted as saying, ‘‘It may be that, as may be the birth date of a new Amer- ents had to put them in boxes on either the U.S. approaches a new presidential ican ethic that rejects the frontier phi- side of a donkey and march into the election, views of the U.S. are being losophy that the continent was put desert. mitigated by hope that a new adminis- here for our plunder and accepts the When they arrived in Aintab, her tration will move away from foreign idea that even urbanized, affluent, mo- mother befriended their Turkish neigh- policies that have been so unpopular in bile societies are interdependent with bors, and these neighbors ultimately the world.’’ the fragile life-sustaining systems of enabled them to get a permit which al- Mr. Speaker, what the world thinks the air, the water, and the land.’’ lowed Alice and her family to escape. of America matters. And it is not just Today, we have accomplished many Alice moved to the United States in because we want to win popularity con- of the goals of the first environmental- 1980, and became a citizen of the U.S. tests. It is far more serious than that. ists: Cleaning up rivers so polluted by just 5 years later. And, as a survivor, Our ability to lead the world is badly industrial waste that they burned, and she says she wants to, ‘‘see justice so damaged when our reputation is in tat- air polluted with lead, mercury, and that the words ‘never again’ become a ters. We cannot lead the world in the sulfur. But there are still many pollut- reality.’’ fight against terrorism when so many ants that we have not eliminated, and So, while I am a Member of Congress, people in the world, even our best we have come to realize that pollution I will always remember Alice’s words friends, believe that we are a threat to is not a local problem, but a global one and her wish. We must fully recognize peace ourselves. We cannot lead the as well. the friendship with our allies in Tur- world in the fight against the many b 1600 key today, but we cannot change nor other global problems, including pov- should we forget the past. I hope that erty, disease, climate change, and the We alter the environment with fac- there can be some reconciliation be- lack of educational opportunity when tories and refineries, but also through tween Turkey and Armenia, and that a we have lost our moral authority and agriculture, fishing and mining. In proper acknowledgement of the crimes credibility. many ways we are lucky. Drawing on of the past can now allow them to When you go to war under false pre- our long experience of environmental move forward into a future of peace tenses, devastate a nation that never remediation and policy-making, we and also of mutual understanding. attacked you, and condone torture, you know some of the solutions to the en- f don’t make America stronger, you demic, international problem of cli- make America weaker, because you un- mate change. WAR IN IRAQ dermine values that are the real source This is a problem of such scope and The SPEAKER pro tempore. Under a of our strength. America’s great values depth that it can seem daunting at previous order of the House, the gentle- are democracy, the rule of law, peace, times. But if I were ever tempted to re- woman from California (Ms. WOOLSEY) and compassion for the people of the treat from confronting this problem be- is recognized for 5 minutes. world. Our occupation of Iraq has cause of its size, I need only look at my Ms. WOOLSEY. Mr. Speaker, China is trampled on all of these values. The daughter Alexa, who is here with me facing growing criticism for its record veto of Congress’ effort to outlaw today, and my son Eli and realize that

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00084 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.003 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 6967 this is not a problem I am willing to children to be environmentalists so Limiting the Intrusive Miles of Inter- leave to them. that their children will have the same national Terrorist Sponsors Act of 2008, But Earth Day was first a day for healthy home. would limit the vicinity for state spon- awareness, and I would like to continue f sors of terrorism to a half-mile radius that tradition today by taking a short of the U.N. complex. Half of a mile is LIMITS ACT OF 2008 break from the important debates we more than enough space for personnel had earlier today, and celebrate some The SPEAKER pro tempore (Ms. to obtain lodging, food and other neces- of the small steps people around the TSONGAS). Under a previous order of sities, even medical care, and it will be country are taking to reduce their im- the House, the gentleman from Georgia easier and more cost effective for the pact on the world we all share. (Mr. BROUN) is recognized for 5 min- U.S. intelligence community and law Some Americans have found that the utes. enforcement to monitor suspected indi- wind passing over their farms and Mr. BROUN of Georgia. Madam viduals when necessary. ranches is as valuable a resource as the Speaker, is America giving visas and Current mileage restrictions are far oil beneath the farm or ranch once was, diplomatic immunity to terrorist spon- too lax to be effective. Some individ- and have replaced their oil wells with sors who wish to destroy our country? uals from countries designated as state windmills. The United States has designated sponsors of terrorism are permitted to Some have jumped on board in the North Korea, Iran, Cuba, Syria, and travel within a 25-mile radius of Co- most American of ways—by starting a Sudan as state sponsors of terrorism. lumbus Circle in New York City. That business. The green-tech sector is These terrorist-sponsoring states are is 50 miles from end to end which is a growing by leaps and bounds with com- actively engaged in espionage against horrendously large area to effectively panies developing technologies for America. monitor hundreds of terrorist sponsors. solar, wind and geothermal energy, Two months ago reports surfaced And yet some countries designated as biofuels, carbon capture and storage, that Cuba is placing top intelligence state sponsors of terrorism have no energy efficiency, smart electric grids, operatives known as ‘‘ambassador mileage restrictions at all. and low-carbon agriculture, to name a spies’’ in key embassies worldwide to This is a vulnerability that we have few. gather information and provide intel- ignored for way too long. Foreign espi- Some have replaced their windows ligence to America’s enemies. In July onage against the United States has in- and washing machines with more en- of last year, Germany expelled an Ira- creased in recent years. In the case of ergy-efficient ones, and installed extra nian diplomatic for attempting to ac- the United Nations, there is no trade- insulation to reduce their heating bills. quire nuclear components for the Is- off or reciprocity. All of the risk is They have discovered that just chang- lamic Republic’s nuclear program. In borne by the United States. Why are ing the light bulbs to an energy-effi- December of 2006, South Korea indicted we continuing to ignore this problem? cient model will reduce their electric five people on charges of spying for It is time to level the playing field by bill dramatically and save energy. North Korea for allegedly passing on providing a consistent, strict standard Some companies now offer transit ‘‘national secrets’’ such as U.S. troop for personnel from state sponsors of passes and bike racks to encourage movements, among other things. terrorism, while simultaneously easing their employees to commute effi- Let me give you another example. the burden on the U.S. intelligence ciently, and many employees are tak- Three years in a row, in 2002, 2003 and community and the law enforcement ing up that challenge. 2004, personnel from the Iranian Mis- community responsible for ensuring But Earth Day is also a day to look sion to the United Nations were actu- our safety. forward to see what we can do next. ally caught, they were actually caught, I urge all of my colleagues that have Many Americans will install solar photographing and videotaping the not done so already to cosponsor this panels, solar water heaters, attic fans New York subway and other popular bill, the LIMITS Act of 2008. I encour- and geothermal heat pumps in our landmarks in New York City. Who age the leadership of the House of Rep- homes to reduce our dependence on the knows what other things they were in- resentatives to bring this bill to the power company. Many Americans will volved in that we do not know about? floor for a vote as soon as possible. Our buy houses made of renewable mate- These are not our friends, and yet we security depends upon it. rials and cars that run on biofuels. allow them to use the United Nations f Those same cars will plug into a grid as a cover for their activities. Over during the day, providing a buffer 6,600 visas have been issued to dip- HOMELAND SECURITY against blackouts and brownouts. lomats, representatives, and other indi- The SPEAKER pro tempore. Under a Other Americans will enjoy public viduals from state sponsors of ter- previous order of the House, the gentle- transportation that reaches further out rorism for the past 5 years. Some of woman from Texas (Ms. JACKSON-LEE) into our suburbs and links our commu- these individuals with diplomatic im- is recognized for 5 minutes. nities more tightly together. And still munity have already been expelled for Ms. JACKSON-LEE of Texas. Madam other Americans will work for compa- spying, or in diplomatic terms, ‘‘engag- Speaker, I rise today to talk about the nies that build green technologies and ing in activities inconsistent with their issues of homeland security and ask sell them all over the world to coun- duties.’’ Most of these individuals my colleagues to reflect upon the legis- tries desperate for an answer to their would not be otherwise allowed into lation, historic legislation that we polluted water and air, and mounting our country. have just passed regarding the U.S. energy needs. U.S. Public Law 357, enacted in 1947, Coast Guard. We have added enough These are the efforts that we must clarified the United Nations Head- new Coast Guard to raise the number begin today so we can see the fruits of quarters Agreement of November 21, to 47,000 members of the U.S. Coast our labor tomorrow. But today, we 1947. In section 6, this law states that Guard. That is something to applaud. must all remember that Earth Day is ‘‘nothing in the agreement shall be We have provided an opportunity for an opportunity to teach our children to construed as in any way diminishing, securing our LNG, liquid natural gas, respect the planet we live on. By tak- abridging or weakening the right of the in the number of ports around America ing them hiking or fishing or camping United States to safeguard its own se- where surrounding communities exist. or bicycling, we introduce them to a curity,’’ and in particular, ‘‘completely We have created a format to secure our world of mountains and forests and to control the entrance of aliens into waterways where the U.S. Coast Guard beaches that they will continue to any territory of the United States is involved. We have provided for an en- enjoy and appreciate for the rest of other than the U.N. headquarters dis- hanced expedited process for securing their lives. We protect the environment trict and its immediate vicinity.’’ what we call TWIC cards. These are so our children will have a healthy The bill I am introducing with my documentation for port workers to planet to live on, and we teach our colleagues today, the LIMITS Act, have after September 25, 2008.

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00085 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.003 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6968 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 April 24, 2008 Today I rise to offer a resolution that Do-Nuts, so that people in an apart- Or perhaps we mean Hamas, will acknowledge the Transportation ment building are jumping out of Hezbollah, or the myriad religious na- Security Administration addressing apartment building windows out of tionalist organizations across the Mus- the question of security as relates to fear. You are not going to deport 12 lim world that share neither the ide- our transportation security that would million people. Get a life. It is impor- ology nor the aspirations of global mandate the implementation of the tant to know who everyone is, and I transnational groups like al Qaeda that recommendations of the 9/11 Commis- want to make sure that we do so. have, nevertheless, been dumped into sion Act of 2007 that enhances security I want it to be known that I stand the same category, them. against terrorist attack and other se- against random ICE raids. I am not I would submit that we are primarily curity threats to our Nation’s rail and against immigration reform in a right talking about al Qaeda and its minions, mass transit. way. I am not for illegal immigration. as well as those whose behavior is imi- I am doing this along with a number But I will tell you it will not work. It tative of al Qaeda’s, or any person or of Members, including Chairman will be deadly and it will be dev- group which seeks to kill innocent ci- BENNIE THOMPSON of the full com- astating. It is important for employers vilian life for the purpose of coercing, mittee. It is important to note that to hire documented workers and be through intimidation, fear and death, transportation systems are systems under the eye of the law, and we should political, economic or cultural change. that have been under attack, particu- enforce this idea of making sure people While their aims and purposes may be somewhat divergent, depending on larly mass transit, and I believe it is are documented. the geographical and geopolitical loca- important to encourage TSA to con- b 1615 tion of the perpetrator, wanton vio- tinue to developed the National Explo- But it’s up to the government to get lence, death and destruction are their sive Detection Canine Team Program a system that works so that we can trademarks. which is supported in a bipartisan man- give documentation to individuals who As the American people know, these ner, one that I have seen work and has are here simply to work, and we can aims and purposes did not originate on been very effective to improve the suc- weed out the terrorists. September 11, 2001. On February 26, cess of the Online Learning Center by People who are working at Shipley’s 1993, murderous killers, using a Ryder providing increased person-to-person Do-Nuts, people who are in hotels and van, bombed the World Trade Center, professional development programs to restaurants, who are not taking Amer- killing seven and wounding over 1,000. ensure those responsible for securing ican jobs, are doing the work that this In 1996, the Khobar Towers, barracks against terrorist attacks on our trans- Nation needs. for our U.S. Army, were attacked in portation systems are highly trained We need to hire Americans first. But Saudi Arabia. and to continue to serve our Nation’s we cannot, by a raid, end the immigra- In 1998 the American embassies in mass transit and rail systems against tion crisis. We need to fix it, and we Kenya and Tanzania were bombed. terrorist attack and other security need to fix it now. USS Cole was attacked October 2000, threats so as to ensure the safety of and September 11, 2001 soon followed. f our commuters on our Nation’s mass Since 2001, attacks, actual and pre- transit. THE THREAT meditated, have been a constant fact of This is a resolution to encourage the The SPEAKER pro tempore. Under life across the globe. There have been TSA to improve their work product, to the Speaker’s announced policy of Jan- attacks in Bali, Indonesia in 2001 and thank them for the work product that uary 18, 2007, the gentleman from Cali- 2005, a planned attack in Barcelona in 2003, the deadly attack in Riyadh, they are doing, but also to encourage fornia (Mr. DANIEL E. LUNGREN) is rec- them to work diligently in compliance ognized for 60 minutes as the designee Saudi Arabia in 2003, a foiled plot in with the new legislation that we just of the minority leader. Istanbul, Turkey in 2003, a deadly at- passed. Mr. DANIEL E. LUNGREN of Cali- tack in Casablanca, Morocco in 2003, a I also want to speak to the phe- fornia. Madam Speaker, today is over terrible attack in Madrid, Spain in nomenon that is being used across 79 months after September 11, 2001. I 2004, March 2004, attempted attacks in America called ICE raids. I am very rise today to discuss the grave matter the Philippines in 2004, the deadly Lon- well aware that the Secretary of Home- that still lies before this Nation, now don attack in July, 2005, an attack in Algeria in 2006, an intended attack in land Security believes that he has been 61⁄2 years after those horrendous at- Denmark in 2007, and a planned attack forced to use a new tactic in immigra- tacks. Jihadism, or radical jihad, was tion reform because this Congress has in Germany in 2007. with us before 9/11, has been with us Al Qaeda has also tried to overthrow not been able to shed itself of obstacles since 9/11, and unfortunately, will con- the governments of Egypt in 2004, Jor- of bias and disagreement, to get into a tinue to be with us into the foreseeable dan in 2005, and Saudi Arabia in 2007. room and truly provide for comprehen- future in this, the 21st century. Let us not forget the organization sive reform of the immigration system, It bears repeating what al Qaeda has functioning in Iraq, fomenting violence something I have worked on for 6 done and intends to do to us, to our al- and death as they speak, al Qaeda in years. lies, to fellow nation states, and to fel- Iraq. I appreciate the leadership from both low human beings around the globe. I found the following summation of sides of the aisle with their different This is, in my judgment, the para- events and actors from one contem- perspectives. I am delighted to serve on mount issue of our time. porary scholar quite informative, and the Judiciary Committee with JOHN As one scholar wrote 1 month after 9/ wanted to share with those of you lis- CONYERS and ZOE LOFGREN, who have 11, for Osama bin Laden and his fol- tening this evening. He says this: 9/11 been champions of this reform process, lowers, this is a holy war between was an epic intercontinental version of along with BENNIE THOMPSON and LO- Islam and the western world. If that is the violence Islamists visited upon Al- RETTA SANCHEZ on Homeland Security. true, if it is also true, as stated re- geria and Egypt in the mid 1990s. In But we cannot stand by and allow our cently in foreign affairs, that al Qaeda other words, it was the culmination of immigration system to be formed by is a more dangerous enemy today than years of failure. massive raids on individuals who are it’s ever been before, this discussion is From 1992 to 1996, while Osama Bin here only to work. My fear is that a po- certainly worth having. Laden and his top deputy, Ayman al- tential violent act may occur out of Let me briefly discuss what we are Zawahiri, were based in the Sudan, fear and apprehension. So I believe it is talking about. Who exactly are these they, like other veterans of the Afghan important for the administration, the jihadists? Are we referring to al Qaeda jihad, focused on overthrowing apos- White House, to stand up and be count- and its cohorts? Are we talking about tate, as they called it, Muslim regimes. ed, to go to the bully pulpit and insist Iran, Syria and the other nation states Bin Laden’s primary foe at that time on a comprehensive response to immi- whose interests in the Middle East do was the Saudi monarchy which had in- gration, not the raiding of Shipley’s not properly align with America’s? curred his wrath by inviting the U.S.

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00086 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.003 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 6969 troops, after Iraq’s invasion of Kuwait, the Shari’ah, or the Sunnah, to explain and the tactic of mass terror was well for protection against Saddam Hussein. that these actions are beyond the pale chosen. The attacks significantly exac- Al-Zawahiri, an Egyptian, was particu- of historic civilizational values. What- erbated a damaging recession, and the larly concerned with Hosni Mubarak, ever their source, reason and common potential that terrorists would smug- whom he had unsuccessfully plotted to sense dictate that these actions are gle weapons of mass destruction into assassinate in 1995. hideous, egregious, murderous and un- New York or other major cities threat- Al Qaeda tried to help Islamists take equivocally unacceptable in a civilized ened the rapid flow of goods and people power in Chechnya, where they had world. They would lead directly to on which the American trading system modest success, and Bosnia, where they local and international anarchy were depends. had none. Gradually, al Qaeda’s leaders they to be offered the least bit of im- The stated goal of al Qaeda’s leaders, realized that Islamism was losing its plicit or explicit approbation. to build a fundamentalist Islamic ca- struggle against the regimes of the Nonetheless, even those who agree liphate in Saudi Arabia that can unite Muslim world. And as if to underscore with the quoted statement above have Muslims into a common struggle this point, in 1996, Khartoum, that is, many times struggled to properly de- against the west, using the oil wealth the Sudanese government, began mend- fine our common enemy. Are they rep- of the region as a key weapon, is a di- ing fences with the West. And Bin resentatives of an Islamic insurgency? rect threat to the American presence Laden and al-Zawahiri were shipped off Do they symbolize a turn to Arabian in a region that every president, since to Afghanistan. Fascism, a totalitarian ideology in- Franklin Delano Roosevelt, has seen as It was there that al Qaeda adds a new spired by a mythologic vision of the vital to the national interests. strategy. Instead of going country by past which does not attract Arabs only While many of the measures that will country, painstakingly trying to build but only those for whom the early Is- be taken against al Qaeda and its allies local movements capable of over- lamic wars of religion and conquest will look more like police work, or at throwing individual regimes, it would represent a golden age, which aims by most, covert action by intelligence attack the far away enemy, the United force to restore this past not only in agencies and special forces than con- States, in the hope that by humiliating the world of Islam but ultimately ventional war, the scale of the violence the superpower that guaranteed polit- throughout the world? the terrorists are ready to use and the ical order in the Middle East, it would Others prefer the term, Islamicism, total nature of their demands are more embolden the Muslim masses against or Islamist descriptions and cat- like the actions of a hostile great their governments. egorizations. I don’t believe that these power than like those of an ethnic re- As was explained in the book, ‘‘The are quite precise enough. As Walter sistance movement. Well said, I be- War for Muslim Minds’’, al-Zawahiri Russell Mead stated 4 years ago, we was the first al Qaeda leader to switch lieve, by Walter Russell Mead. must find a better name for what we gears and give priority to the inter- Because of these stark facts, as just are opposing. Islamicism is an ugly national struggle. The author con- articulated, I prefer the simple term term that also silently concedes that tinues, in an age of satellite television, jihadism or radical jihad, for that is Bin Laden’s ideology has a claim to be Zawahiri reasoned, international specifically about which we are speak- regarded as a legitimate form of Islam. media attention must replace the pa- ing. The phrase ‘‘War on Terror’’ has been tient, close work of recruitment b 1630 the preferred nomenclature of this ad- through Islamic charity organizations ministration and others. I think it has As George Weigel argues in his new that in the past had targeted potential its deficiencies. As one scholar has book, ‘‘The War Against Jihadism,’’ sympathizers and militants. written, the War on Terror is a catchy jihadism is the ‘‘religiously inspired The first sign of this new offensive ideology which teaches that it is every came in June of 1996, only a month phrase, but a clumsy and misleading Muslim’s duty to use any means nec- after Osama Bin Laden had arrived in one too. In fact, the United States is essary to compel the world’s submis- Afghanistan, when a truck bomb ex- not fighting a generic war on generic sion to Islam.’’ ploded outside of the Khobar Towers, a terror. Our concern is with what Rob- This ideology has nothing to do with U.S. Army barracks in Saudi Arabia. 2 ert Art calls grand terror, terrorism a humble commitment to bettering months later, Osama Bin Laden issued like the attacks on the World Trade mankind, reflecting on theological in- a declaration of jihad against Ameri- Center and Pentagon that create devas- spiration or transcendence, or fur- cans occupying the land of the two tation and economic dislocation on a thering a collective knowledge of the holy sites. scale approximating that of a war. In February of 1998, Bin Laden, al- Currently, the only organizations in physical and metaphysical world. No, Zawahiri and other Islamist leaders the world with both the will and the its identity can be judged by its ac- broadened the new jihad, calling, in means to attack the United States on tions. Its commitment to death, de- their words, for the killing of Ameri- that scale are radical terror groups struction, and chaos, regardless of the cans and Jews wherever they may be. based in the Islamic world. It is this victims’ gender, education, age, skin Six months later, al Qaeda destroyed kind of terror by these people that we color, creed, or socioeconomic status. the U.S. Embassies in Kenya and Tan- are fighting, so says Walter Russell It is cold-blooded and ruthless. It be- zania. The date of the attack, August 7, Mead in his book, ‘‘Power, Terror, lieves grievances, serious or super- was no accident, for it was the 8th an- Peace and War: America’s Grand Strat- ficial, are helped to resolve not niversary of Riyadh’s decision to allow egy in a World At Risk’’. through consultation, deliberation, and U.S. troops on Saudi soil. The al Qaeda attacks were more than self-government but rather through in- Two years later, in October, 2000, al a hideous act of terrorism. They chal- timidation, death and carnage. Qaeda operatives detonated an explo- lenged core elements of American How can one be so certain of this sive-laden dinghy alongside the USS grand strategies in ways that Basque characterization? How can one attempt Cole, docked at a port in Yemen, kill- and IRA terrorism never challenged to perceive and interpret what guides ing 17 of our Marines. basic elements of British and Spanish the hearts and minds of others on our This strategy reached fruition, of security. planet? All you or I have to do is sim- course, with the massive attack on 9/11, Besides endangering the security of ply listen, listen to the words and ideas which garnered al Qaeda more media Americans in their our own hemisphere expressed by such persons. attention than it could ever have and nation, the al Qaeda attacks pose a So let me begin in 1993. dreamed. Thus we have a general syn- direct threat to the ever closer eco- As I have mentioned, it was in that opsis of al Qaeda’s actions and behavior nomic ties the United States seeks to year that the World Trade Center was in recent history. built in the world. The symbolic choice bombed and several persons lost their We do not need to dissect the Koran, of target, the World Trade Center, indi- lives and 1,000 were injured. The mas- the Hadith, consult with the Ulama, cated a sophisticated mind at work, termind of the attack, Omar Abdel

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00087 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.003 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6970 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 April 24, 2008 Rahman, the blind sheik, referred to Then, following the exemplary at- of Allah; the ties of brotherhood be- the cells then as emerging jihad army tacks on the far enemy, unspecified tween the Muslims have become as the Battalion of Islam. Just a few process would lead to the collapse of stronger, which is a very good sign, a weeks before the bombing on February apostate regimes and the creation of great step toward the unity of Muslims 26, 1993, Rahman said at a rally in Islamic states. These states would form and establishing the righteous Islamic Brooklyn, New York, God has obliged the core of an Islamic caliphate that Khilafah insha-Allah.’’ us to perform jihad. The battalions of would eventually rule the planet. Al-Zawahiri has said, ‘‘the war with Islam and its divisions must be in the Osama bin Laden has openly justified Israel is not about a treaty, a cease-fire state of continuous readiness to hit the brutality in the innocent deaths of agreement, Sykes-Picot borders, na- their enemies with strength and power. 9/11. He said this: ‘‘America and its al- tional zeal or disputed borders. It is, Nidal Ayyad was one of the Trade lies are massacring us in Palestine, rather, a jihad for the sake of God until Center bombers arrested in March 1993. Chechnya, Kashmir, and Iraq. The Mus- the religion of God is established. It is On his hard drive, the FBI recovered a lims have the right to attack American jihad for the liberation of Palestine, all ‘‘claim of responsibility’’ letter. In it, reprisal. The September eleven attacks Palestine, as well as every land that it says, ‘‘We are the Liberation Army were not targeted at women and chil- was a home for Islam from Andalusia fifth battalion. Unfortunately, our cal- dren. The real targets were America’s to Iraq. The whole world is an open culations were not very accurate this icons of military and economic power.’’ field for us. time. However, we promise you that In the same interview, bin Laden ‘‘Supporting the jihad in Palestine next time it will be very precise, and openly discussed his willingness to use with one’s life, money, and opinion is the World Trade Center will continue nuclear weapons. In October 2001, one the individual duty of every Muslim to be one of our targets unless our de- month after September 11, bin Laden because Palestine was a land of Islam mands have been met.’’ What a shame said, ‘‘If inciting people to do that, re- that was occupied by the infidels. This we didn’t listen. ferring to 9/11, is terrorism, and if kill- means that its liberation and rein- In February 1998, Osama bin Laden ing those who are killing our sons is statement of Islamic rule there is the published a declaration of holy war terrorism, then let history be witness individual duty of every Muslim as against America. He said this: To kill that we are terrorists.’’ He said, ‘‘We unanimously decided by the nation’s Americans and their allies, both civil practice the good terrorism.’’ scholars, and such as the case with and military, is the individual duty of The next year Osama bin Laden every land occupied by infidels.’’ every Muslim who is able. Those are issued a fatwa authorizing the killing Examples of jihadist contempt and hatred for the infidels are. Bin Laden the words of Osama bin Laden in 1998. of up to 4 million Americans and speci- has said, ‘‘this Is a War of Destiny Be- Jihadist leaders have delineated a ter- fying in that fatwa that half of them tween Infidel and Islam’’ and that ‘‘the rible difference between themselves should be children. This he calculated whole world is watching this war and and Americans. Shortly after 9/11, as a proportionate response to the the two Adversaries; the Islamic Na- Osama bin Laden told a reporter this: number of Arabs killed by U.S. and tion on the one hand, and the United We love death. The U.S. loves life. That Israeli actions, and the only way to States and its allies on the other. It is is the big difference between us. really kill on this scale would be with either victory and glory or misery and Afghani al Qaeda operative Maulana a nuclear weapon. In relation to 9/11 itself, bin Laden humiliation.’’ Inyadullah has said, ‘‘the Americans He’s also said, ‘‘O, young people of said, ‘‘Here is America struck by God love Pepsi Cola. We love death.’’ Sheik Islam, follow the orders of O Mighty almighty in one of its vital organs so Feiz Mohammed, leader of the Global God, his messenger and kill these peo- that its greatest buildings are de- Islamic Youth Center in Sydney, Aus- ple. Follow the example of Muhammad tralia, preached these words: ‘‘We want stroyed. Grace and gratitude to God. Bin-Musallamah and his companions. to have children and offer them as sol- America has been filled with horror Death is better than living on this diers defending Islam. Teach them this: from north to south and east to west, Earth with the unbelievers amongst us There is nothing more beloved to me and thanks be to God. God has blessed making a mockery of our religion and than wanting to die as a mujahid.’’ a group of vanguard Muslims, the fore- prophet, God’s peace and blessings Ayatollah Ali Khamenei, Iran’s spir- front of Islam, to destroy America. upon him. Fear God, try to please Him, itual leader, said in a speech, ‘‘It is the May God bless them and allot them a and do not consult with anyone regard- zenith of honor for a man, a young per- supreme place in heaven. As to Amer- ing the killing of those unbelievers.’’ son, boy or girl, to be prepared to sac- ica, I say to it and its people a few One al Qaeda stated, ‘‘There Will Be rifice his life in order to serve in the words: I swear to God that America Continuing Enmity Until Everyone Be- interest of his nation and his religion.’’ will not live in peace before peace lieves in Allah. We Will Not Meet the Hassan Nasrallah, the leader of reigns in Palestine and before all of the Enemy Halfway and There Will Be No Hezbollah, has said, ‘‘We are going to army of infidels depart the land of Mu- Room For Dialogue With Them Until win because they love life and we love hammad, peace be upon him.’’ Everyone Believes in Allah. We Will death.’’ He’s also said, ‘‘Each of us He continued, ‘‘On the blessed Tues- Not Meet the Enemy Halfway and lives his days and nights hoping more day 11, September 2001, they launched There Will Be No Room For Dialogue than anything to be killed for the sake their attacks with their planes and in With Them.’’ of Allah.’’ an unparalleled and magnificent feat of An al Qaeda training manual gave Furthermore, jihadist leaders have valor unmatched by any in humankind ‘‘guidelines for beating and killing hos- been quite explicit about their goals before them. Yet with the destruction tages: Religious scholars have per- and aspirations. Al-Zawahiri has said, of the Twin Towers in New York, there mitted beating. In this tradition, we Like our glorious ancestors, the Af- occurred an even bigger destruction, find permission to interrogate the hos- ghan jihadists believe that they, too, that of the American Dream and legend tage for the purpose of obtaining infor- had brought down one global super- of democracy.’’ mation. It is permitted to strike the power, and now these modern-day Osama bin Laden and al-Zawahiri nonbeliever who has no covenant until knights must recommit their efforts to have been quite open about their desire he reveals the news, information, and wreaking havoc on the remaining one, to institute a new caliphate. Osama bin secrets of his people. The religious the United States. Laden has said, ‘‘These attacks took scholars have also permitted the kill- One scholar has noted that the con- off the skin the American wolf and ing of a hostage if he insists on with- tents of one of al-Zawahiri’s texts de- they’ve been left standing in their holding information from Muslims.’’ picted ordinary Muslims as passive, filthy, naked reality. Thus, the whole Again, an al Qaeda training manual sickly, and devoid of conscience for world awoke from its sleep and the says, Islam does not coincide or make which the only cure was an apocalyptic Muslims realized the importance of the a truce with unbelief, but rather con- jihad. belief of loving and hating for the sake fronts it. The confrontation that Islam

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00088 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.003 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 6971 calls for with these godless and apos- ate. Al-Zawahiri has stated, ‘‘So we major powers—‘‘if you do not abandon tate regimes, does not know Socratic must think for a long time about our the path of falsehood and return to the debates, Platonic ideals, nor Aristote- next step and how we want to attain it. path of justice, your doomed destiny lian diplomacy. But it knows the dia- It is my humble opinion that the jihad will be annihilation, misfortune and logue of bullets, the ideals of assassina- in Iraq requires several incremental abjectness.’’ tion, bombing, and destruction and the goals. Again, Ahmadinejad said, ‘‘The anger diplomacy of the cannon and machine ‘‘The first stage: expel the Americans of Muslims may reach an explosion gun.’’ from Iraq; the second stage: establish point soon. If such a date comes, they— After a group of Saudis wrote an an Islamic authority or amirate, then referring to the Western governments— open letter to the United States ex- develop it and support it until it should know that the waves of the pressing their belief that Islam was achieves the level of a caliphate—over blast will not remain within the bound- peace and tolerant, bin Laden wrote in as much territory as you can to spread aries of our region and will engulf the response: ‘‘As to the relationship be- its power in Iraq . . . the third stage: corrupt powers that support this fake tween Muslims and infidels, this is extend the jihad wave to the secular regime too.’’ summarized by the Most High’s Word: countries neighboring Iraq. The fourth In relation to America, Osama bin Laden has said, ‘‘It’s been made clear ‘We renounce you. Enmity and hate stage: It may coincide with what came during our defending and fighting shall forever reign between us—till you before: The clash with Israel, because against the American enemy that this believe in Allah alone.’ Israel was established only to chal- enemy’s combat strategy is heavily de- ‘‘So there is an enmity evidenced by lenge any new Islamic entity. fierce hostility from the heart, and this pendent on the psychological aspect of b 1645 fierce hostility, that is, battle, ceases war due to its large and efficient media only if the infidel submits to the au- Bin Laden added: ‘‘Finally, I’d like to apparatus, and of course its indiscrimi- nate aerial bombing which hides the thority of Islam or if his blood is for- tell you that the war is for you or for cowardice and lack of fighting spirit of bidden from being shed or if Muslims us to win. If we win it, it means your the American soldier. Likewise, let me are at that point weak and incapable. defeat and disgrace forever as the remind you of the defeat of the Amer- But if the hate at any time extin- winds blow in this direction with God’s ican forces in Beirut in 1982, soon after guishes from the heart, this is great help.’’ the Israeli invasion of Lebanon, when apostasy! Allah almighty’s Word to his So the war in Iraq, according to bin the Lebanese resistance was personi- Prophet recounts in summation the Laden, is ‘‘a war over the destiny of fied by the truck laden with explosives true relationship: ‘O Prophet! Wage the entire worldwide Muslim commu- nity.’’ that struck the main military base of war against the infidels and hypocrites the U.S. Marines in Beirut, killing 242 and be ruthless. Their abode is hell—an Also in Iraq, Abu Musab al-Zarqawi was responsible for three lethal hotel soldiers—towards hell was their des- evil fate!’ Such then is the basis and tination, and what an evil destination foundation of the relationship between bombings in Amman, Jordan, numer- ous beheadings, including that of Nich- that is.’’ Bin Laden continued, ‘‘We the infidel and the Muslim. Battle, ani- found that out from our brothers who mosity, and hatred direct—directed olas Berg, the bombing of the United Nations headquarters in Iraq, where 22 fought the Americans in Somalia. They from the Muslim to the infidel—is the did not see it as a power worthy of any foundation of our religion. And we con- perished, the murder of Ayatollah Mu- hammad Baqr al-Hakim, a revered cler- mention. It was the big propaganda sider this a justice and kindness to that the United States used to terrify ic, in a car bomb that killed him and them.’’ people before fighting them. Our broth- over 100 people outside Shia Islam’s That’s Osama bin Laden’s response to ers, who were here in Afghanistan, also holy shrine in Najaf. Muslims who wrote an open letter to tried the Americans. God gave them In the background of one of this mur- the United States describing their reli- and the mujahideen success in Soma- der’s filmed beheadings was the trade- gion and peace and tolerant, and he re- lia, and the United States pulled out, mark black banner of al-Zarqawi’s jected that. trailing disappointment, defeat and newest group, al-Tawhid wa al-Jihad, Slow debilitating attrition of will failure behind it. It achieved nothing. or Monotheism and Jihad. and resources in Iraq, and in general, It left quicker than people had imag- Jihadist leaders have not been am- are what jihadists openly desire as well ined.’’ as the importance of Iraq to the im- biguous in their characterization of the Al-Zawahiri added, ‘‘This is the fum- pending Islamic rule. Bin Laden said United States. Hezbollah leader bling that precedes the defeat. Bush this: ‘‘America is definitely a great Nasrallah has said, ‘‘Let the entire and Blair are hiding the true disaster power, with an unbelievable military world hear me. Our hostility to the they’re facing in Iraq and Afghanistan. strength and a vibrant economy, but Great Satan is absolute. I conclude my They know better than others that all of these have been built on a very speak with a slogan that will continue there is no hope in victory. The Viet- weak and hollow foundation. There- to reverberate on all occasions so that nam specter is closing every outlet.’’ fore, it is very easy to target that flim- nobody will think that we have weak- These thoughts should give us pause, sy base and concentrate on their weak ened. Regardless of how the world has and they remind us of how irrational points. And even if we are able to tar- changed after 11 September, death to and bloodthirsty are enemies truly are. get 1⁄10 of these weak points, we will be America will remain a reverberating After all, are any of Osama bin Laden’s able to crush and destroy them and re- and powerful slogan: Death to Amer- complaints really meant to be sincere? move them from ruling and conquering ica.’’ He complained about economic sanc- the world.’’ Iranian President Mahmoud tions against Saddam Hussein. Well, Osama bin Laden has called Baghdad, Ahmadinejad has said, ‘‘Undoubtedly, I did he encourage Saddam Hussein to ‘‘The Capital of the Caliphate,’’ and say that this slogan and goal is achiev- abide by the U.N. resolutions to accel- said, ‘‘I now address my speech to the able, and with the support and power of erate the cessation of such sanctions? whole of the Islamic Nation. Listen and God we will soon experience a world He complained about U.S. troops in understand. The issue is big and the without the United States and Zionism Saudi Arabia. Did he offer his advice to misfortune is momentous. The most and will breathe in the brilliant time of persuade Saddam Hussein to change his important and serious issue today for Islamic sovereignty over today’s ways so that U.S. troops could leave the whole world is this Third World world.’’ Saudi Arabia? He criticized U.S. sup- War, which the Crusader-Zionist coali- ‘‘Open your eyes and see the fate of port of oppressive regimes. Has he spo- tion began against the Islamic nation. Pharaoh. Open your eyes and see what ken out forcefully for minority rights, It is raging in the land of the two riv- happened to the Portuguese Empire, democratic freedoms, the strength- ers. The world’s millstone and pillar is see the final fate of the British Empire. ening of civil society, the rule of law in Baghdad, the capital of the caliph- I’m telling you’’—referring to the and economic transparency?

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00089 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.003 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6972 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 April 24, 2008 He criticized U.S. support of Israel. at our disposal, within our grasp, that In testimony before the House Judi- Has he in any way issued thoughtful is, when we try and figure out vulnera- ciary Committee, Admiral McConnell, statements outlining a path forward bility, we look at perspective targets of the Director of National Intelligence, towards peace, articulating areas of the enemy, and we can assess what our stated that prior to the enactment of compromise and concessions that can vulnerabilities are. We can look at a the Protect America Act—that is the be worked out on both sides of the dam, we can look at a building, we can FISA fix that we did last August which Israeli-Palestinian divide? look at the Capitol and we can say, has now been allowed to expire—‘‘we He has criticized American pressure what are the possibilities of attack were not collecting somewhere between on OPEC to keep oil prices low. Besides here? How can we protect ourselves half and two-thirds of the foreign intel- being contrary to the petroprofits against those areas that we have not ligence information which would have which demand provides, which would defended or thought of defending in the been collected were it not for the re- be in his economic self-interest, has he past? cent legal interpretations of FISA spoken up for responsible economic Consequence. We can do models which required the government to ob- policies such oil-producing states could ahead of time to figure out what the tain FISA warrants for overseas sur- turn to in order to turn their back on consequence of an attack would be veillance.’’ the need to produce oil? If he is so crit- against the Capitol, against a dam, Admiral McConnell said he came ical of America’s demand, does he thus against a set of highways, against a onto his job coming out of the private support ending OPEC’s monopolistic number of large buildings in a metro- sector to return to government service tendencies so that other consumers can politan area and so forth. with the responsibility of collecting in- rightly partake in the legitimate capi- What we don’t have within our own formation, that kind of information talist practice of supply and demand? information base is the third part of a that would provide us with forewarning He has criticized the United States risk assessment, that is, what is the of what the terrorists intended to do. for being in Afghanistan and Iraq. Has threat? Because the only way we can But he discovered that as a result of a he offered any thoughtful solutions to determine the threat is by gathering decision made by the FISA court which those two geopolitical challenges? information from the enemy; in other changed the rules of the game because Surely a man who has criticized Presi- words, intelligence gathering; in other of technology changes, we were unable dent Bush for not signing the Inter- words, listening in on what the other to do the job that he was given the re- national Criminal Court and for Amer- side has to say; in other words, cap- sponsibility for. Think about that. We ica’s campaign finance problems can turing their communications. had blinded ourselves to somewhere be- muster the intellectual strength to And it’s not easy; intelligence gath- tween one-half and two-thirds of the le- offer such astute suggestions as must ering is difficult. And as pointed out by gitimate foreign intelligence targets be at the brim of his cerebral store- some in that arena, all intelligence bu- that otherwise we would have been house of knowledge. reaus get things spectacularly wrong looking at. Now, we had the Protect But we know the answers to these much of the time, which just goes to America Act, which was the fix for questions. Osama bin Laden has no de- the point of how difficult it is to be FISA, Foreign Intelligence Surveil- sire to do any of these obvious sugges- able to gather the information, analyze lance Act, and that was in effect from tions, they’re merely a mirage for his the information, draw conclusions from the end of August until February 16 of murderous ideology. As Hassan Butt, a that information, and then make sure this year. And what happened after it former jihadist, explained, ‘‘I was a fa- that in a timely fashion we distribute expired? Admiral McConnell and Attor- natic. I know their thinking. When I that information or the conclusions was still a member of what is probably ney General Mukasey said, ‘‘Because best termed the British Jihadi Net- that we’ve obtained from them. we’ve allowed it to expire, we have lost In fact, one of the reasons we didn’t work, I remember how we used to intelligence this past week as a direct prevent 9/11 is simple: Neither the CIA laugh in celebration whenever people result of the uncertainty created by nor its intelligence agencies, Western on TV proclaimed that the sole cause Congress’ failure to act.’’ or Muslim, had a spy or an informant Now, we’ve heard some say that real- for Islamic acts of terror like 9/11, the ly that’s not true because all of those Madrid bombings and 7/7 was Western inside al Qaeda’s command structure. intercepts that were in effect as a re- foreign policy.’’ He adds, ‘‘By blaming And the stark reality is that our the government for our actions, those human intelligence against al Qaeda sult of the new law that we had from who pushed this ‘Blair’s bombs’ line did and other Sunni militants will prob- the end of August until February con- our propaganda work for us. More im- ably never be as good as what we had tinue in effect for a year, and that hap- portant, they also helped draw away against the Soviet system during the pens to be true. But that only solves any critical examination from the real Cold War. part of the problem because, unless one engine of our violence, Islamic the- Nevertheless, the importance of in- believes that al Qaeda and its affiliates ology.’’ telligence is why I’ve been working so and its associates around the world Now, I would not call it ‘‘Islamic the- hard to find a long-term solution to have put their feet up on the desk and ology.’’ I myself would call it jihadism our surveillance situation. As one dis- said, you know something, we’re not or radical jihad to make clear what tinguished Member of the other body going to plan anything else because the Rudy Giuliani said some 4 years ago. has said, without a long-term solution, Congress can’t listen in on what we’re He said, ‘‘Those who attacked us on 9/ ‘‘the quality of the intelligence we’re doing, unless that’s a reality, we have 11 not only hijacked airliners, but they going to be receiving is going to be de- put ourselves at jeopardy because we hijacked a noble religion.’’ And we graded. It is going to be degraded. It is don’t know what we don’t know. We ought to keep that in mind. already going to be degraded as tele- don’t know the kinds of information As we’ve recently been debating in communications companies lose inter- that otherwise we would be able to this war, the nature of intelligence has est.’’ gather, the kind of information that changed, but it is still indispensable. In a letter dated February 22 of this has allowed us to protect ourselves. It’s an essential element of any effec- year, Director of National Intelligence That’s why many of us on this floor tive risk assessment. If we’re going to Mike McConnell and Attorney General have come and said, well, why not pass effectively be able to protect ourselves Michael Mukasey both wrote to the the bipartisan Senate FISA bill now? against terrorist attack, we need to be chairman of the House Intelligence We have almost every Member on involved in risk assessment. Risk as- Committee. In it they said this: ‘‘We this side of the aisle who is committed sessment simply is looking at threat, have lost intelligence information this to it, and we have, I think, over 20 looking at vulnerability, looking at past week as a direct result of the un- Members on the Democratic side who consequence. certainty created by Congress’ failure have, in writing, said they support it. We can look at vulnerability and con- to act.’’ What were they talking about? Together, that is more than a majority sequence with the information that is Well, let me explain. in this House. So in other words, we

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00090 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.003 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 6973 could form a majority if we brought 9/11 was one of the worst moments in and women, east and west, north and that bill up on our next legislative day American history. And we can cer- south, if our dams, our transportation that would allow us to accept the Sen- tainly agree that al Qaeda must be structure, our trains, our subways, our ate bill. And we could have it signed completely eliminated. But the group purification system, our ports, our into law by the President and we would has never come close to duplicating 9/ electrical grids, or our energy sources no longer find ourselves as vulnerable 11. Even the train bombings in London were to be maliciously struck? The re- as we are today. and Madrid that were attributed to al sults, both real and psychological, Congress should act because we are Qaeda-inspired cells were minor in would be catastrophic. in the legislative branch and have the comparison . . . The rational policy Nevertheless, we must not give in to responsibility to act. Let me repeat would be to replace the overblown ‘war fear. Instead, we must think about that. Congress has the responsibility to on terror’ with what we should have what victory will mean in this con- act. These issues should not and were been engaged in every day since 9/11: a frontation, and whatever the definition not intended to be left to unelected, war of annihilation against al Qaeda, of our terms of multifaceted success, more cumbersome aspects of our gov- an all-out effort to rid the Earth com- we must continue to properly consider ernment. They’re inherently about leg- pletely of the small, lunatic group that the possibility of what success means islating and about us, representatives attacked us on that day. This is a task to al Qaeda. Those in the United States of the people, doing our duty to protect we should apply ourselves to fully, at may not have an agreed theory of vic- the people. long last. But it is absurd to assign the tory or path to get there, but Osama term ‘transcendent challenge’ to such a bin Laden and his cohorts certainly b 1700 band of murderous anarchists, who have. Bin laden’s goal, as he; his dep- After all, as Andrew McCarthy said have about as much hope of achieving uty, Ayman al-Zawahiri; and others in a National Review article dated their grand dream of turning the Mid- have often articulated, is to drive the March 4 of this year, ‘‘At bottom the east into an Islamist caliphate as sci- United States out of Muslim lands, top- dispute over the warrantless surveil- entists have of proving one day that ple the region’s current rulers, and es- lance program is about the division of the moon is made of green cheese. Ter- tablish Islamic authority under a new power between the political branches: ror cells may be spreading, but their caliphate. The path to this goal, they Is it the executive or the legislative de- ideology, such as it is, keeps dying have made clear, is to ‘‘provoke and partment that has ultimate authority every time it is exposed to the open bait’’ the United States into ‘‘bleeding over foreign intelligence collection? By air. Even in the tribal regions of Paki- wars’’ on Muslim lands. Since Ameri- nature that is a political question, not stan, safe haven to the newly re- cans, the argument goes, do not have a legal one. In our system such issues grouped Taliban and al Qaeda, voters the stomach for a long and bloody are supposed to be worked out through last week turned out radical religious fight, they will eventually give up and the normal democratic process: legisla- groups because of their ineffectiveness. leave the Middle East to its fate. Once tion and elections. They are not the Al Qaeda and related terror groups are the autocratic regimes responsible for province of lawsuits in which, A, the hardly the ‘heirs’ to communism and the humiliation of the Muslim world public’s interest is purportedly rep- totalitarianism, as Bush has described have been removed, it would be pos- resented by groups like the ACLU, them.’’ sible to return to the idealized state of which, let’s face it, holds views much With all due respect, I profoundly Arabia at the time of the Prophet Mu- different from those of the American disagree. Does anybody believe, for in- hammad. A caliphate is in vision from people at large, and, B, the final policy stance, that Libya, with its leader, Morocco to Central Asia, sharia rule determination is made by the judici- gave up its nuclear weapons, its weap- prevailing, Israel destroyed, oil prices ary, that is, the unaccountable non- ons of mass destruction, because they skyrocketing, the United States recoil- political branch . . . The genius of our just wanted to sit down and reason to- ing in humiliation and perhaps even system is that it does not draw many gether? Is it by accident that Libya, collapse just as the Soviet Union did fixed, immutable lines between execu- Khadafi, changed their position after after the mujahideen defeated it in Af- tive and legislative authority or be- we moved aggressively to respond to ghanistan. These are their goals, and tween liberty and security. We have terrorism in the Middle East? I think these are the goals we must understand the capacity to rachet up or down de- not. And with all due respect, I do be- if we are to be successful in defeating pending on threat conditions. We rely lieve these threats I’ve outlined here al Qaeda. confidently on our politics and the today are real and that they are the Remember, they warned us prior to 9/ sound judgment of the American peo- heirs to communism and totali- 11 as to what they intended. They ple. Voters can remove a President or tarianism. And while their victims issued a fatwa. They said they would lawmaker who strikes the wrong bal- may not as yet add up numerically to go after the World Trade Center once ance.’’ the quantified brutality of previous again. And we, as a Nation, didn’t take I have taken the time to speak on dictators and killers, nonetheless, their them seriously enough. these threats today because I believe potential to do equivalent destruction We are facing a strange ruthless unequivocally that they are real is without question. The focus on ‘‘one ‘‘hydra-headed’’ enemy. As some have threats. They are why I have worked so lucky day,’’ while disrespectful to the recently demonstrated in their re- hard to pass legislation such as the bi- other victims of jihadism before and search into the biographical back- partisan SAFE Ports Act of 2006. There after 9/11, cannot be allowed to turn grounds of jihadists, many of these in- are legitimate threats out there to into ‘‘many’’ lucky days. dividuals are simply driven by indi- which we must respond. But I must say We also have a situation today where vidual alienation and group dynamics, there are those who take an opposite the possibility of obtaining a nuclear while, as I have pointed out, the leader- view. weapon and exploding it in a metro- ship often has more ideological views. Recently one commentator, Michael politan area cannot be swept off the These differences must be exploited. Hirsh, in the Newsweek Web Exclusive table as unthinkable. In fact, we ought Also, as the RAND Corporation has re- of February 21, asked his readers this: to be thinking about it every day and cently reported, our ability to help ‘‘Think about this for a moment. A thinking about how we prevent it. states with their counterinsurgency small group of ragged American haters, We have seen and can envision with- measures has to be greatly enhanced. who had one lucky day of mass murder out straining credulity what would So, Madam Speaker, whatever the nearly 7 years ago, will continue to de- happen in our large cities and our means, whatever the solutions, what- fine the foreign policy of the lone su- places of governance or commerce were ever the minor delineations between perpower for years, possibly decades to other attacks such as 9/11 to be initi- the terror-using groups, whatever the come. There’s something wrong with ated. What would happen to us all, tactics we must use, we must take this this picture. Yes, we can all agree that urban and rural, large and small, men jihadist threat seriously. It is our first

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00091 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.003 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6974 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 April 24, 2008 duty as representatives in a constitu- time record for profit in one quarter in to crack down on gas price gouging. tional government and as trustees the history of American business. So That passed 284–141, overwhelmingly charged with preserving and protecting there is no need for them to have that bipartisan; yet the President, again, our Constitution, which upholds our subsidy, and the majority of this House has threatened to veto that legislation. equal natural rights as citizens in this overwhelmingly agreed. Last year not As I talked about, we voted to repeal great land and as a part of this es- once but twice, we passed legislation the subsidies of the big oil companies teemed republic. Let us be wise. Let us out of this House, in 2007, sent it over at a time when they’re making all-time be discerning. Let us be steadfast. Let to the Senate, that would say that we record profits and redirect every penny us uphold our Constitution. And in the are going to redirect every penny of into alternative sources of energy. Un- end, let us be successful. that $14 billion away from the big oil fortunately, that faced a veto threat, f companies and into research and devel- and we were unable to get it through opment on alternative sources of en- the Senate. FURTHER MESSAGE FROM THE ergy, alternative fuels. And what we But what did become law, and at this SENATE sent over to the Senate was legislation point I would turn it over to the gen- A further message from the Senate that had bipartisan support in this tleman from Florida, was our new en- by Ms. Curtis, one of its clerks, an- House. ergy independence law, which, for the nounced that the Senate has passed Now, we sent it over to the Senate, first time in 30 years, increased the with an amendment in which the con- and, unfortunately, as the gentleman cafe standards, the miles-per-gallon av- currence of the House is requested, a from Florida knows, the rules in the erage that we see in our cars that are bill of the House of the following title: Senate are different than the rules of made in this country, for the first time H.R. 493. An act to prohibit discrimination the House. So they have to have 60 in 30 years, from an average of 24 miles on the basis of genetic information with re- votes to bring a bill to the floor, and per gallon to an average of 35 miles per spect to health insurance and employment. they didn’t have the 60 votes to bring it gallon. That by itself, when it’s fully The message also announced that the to the floor, but they had enough to phased in, is going to save the average Senate has passed a bill of the fol- pass the bill. But the point of this is we individual in this country about $1,000 lowing title in which the concurrence in this House took affirmative action, a year on their fuel bill. That is real re- of the House is requested: not once but twice, to find alternative form, and that is something that this S. 1315. An act to amend title 38, United sources of energy, to create a national House did, working with the Senate. States Code, to enhance veterans’ insurance commitment, and to provide the fund- We sent it to the President. He signed and housing benefits, to improve benefits ing that’s necessary for R and D on al- it. And that’s something that we can and services for transitioning servicemem- ternative sources of energy. definitely look forward to in the fu- bers, and for other purposes. But that’s not all that this House has ture. Now, again, that is not by itself f done. Today the leadership of the going to lower the price of gas. The House called on President Bush to stop Strategic Petroleum Reserve ship- THE 30-SOMETHING WORKING filling the Strategic Petroleum Re- GROUP ments that we are talking about is serve. Now, that’s something that I going to have an impact but not a long- The SPEAKER pro tempore. Under sent a letter to President Bush about term impact. The only thing that we the Speaker’s announced policy of Jan- last month and something that would can do to solve this problem in the long uary 18, 2007, the gentleman from Flor- save from the price of gas between 4 term is to get ourselves off of oil. ida (Mr. MEEK) is recognized for 60 min- and 24 cents. Now, that’s not going to That’s what this should be about. And utes as the designee of the majority make the difference. When gas is at we do have a healthy debate in this leader. $3.55 a gallon, 24 cents may not seem House and among our colleagues on Mr. MEEK of Florida. Madam Speak- like a lot. But at least it’s an affirma- how to achieve that. er, it’s an honor for the 30-Something tive step in the right direction that we There are some folks who believe Working Group to come to the floor need to recognize, A, that we do have that the issue is entirely supply and once again. As you know, I’m a proud the responsibility in this country to do that we should spend our money at the Member of the ‘‘Something’’ part of everything that we possibly can to re- Federal level in ways that will further that 30-Something. lieve the burden on individuals, fami- our dependence on foreign oil. Build I yield to my colleague from the lies, and businesses in this country and more refineries, drill in the Arctic Na- great State of Pennsylvania (Mr. that burden that has been brought tional Wildlife Refuge, drill off the ALTMIRE). upon them by the incredible increase in coast of Mr. MEEK’s Florida, drill in Mr. ALTMIRE. Madam Speaker, I gas prices. And what that is going to do the Outer Continental Shelf, that is know that the gentleman from Florida, is, for the temporary time being, lower one school of thought. And those are and I appreciate his yielding, is going costs a little bit, which is going to folks in this House that have the in- to spend the bulk of his time here on make a difference for families in this tent to bring down gas prices. They the 30-Something Working Group talk- country. It’s not going to solve the definitely have good thoughts in mind ing about gas prices and the increase problem. It’s certainly not a long-term on that. that we have seen and some things that solution. But it’s something that we all this Congress has done to address the can agree on in this Congress is a nec- b 1715 issue. essary step to suspend shipments into We just have a very strong disagree- And I wanted to talk a little bit the Strategic Petroleum Reserve. ment. We don’t question their motives. about the energy bill that we passed That’s something that President Bush We just believe there’s a better way. last year and the debate that took has not joined us in yet, but I’m hope- That is to use every penny that we place along the way, one of which was ful that we will be able to work to- spend in this country, whatever dollar what we should do about these tax- gether and find solutions to the prob- amount that may be, on alternative en- payer subsidies, $14 billion, that we’re lem. ergy. Whatever we determine to spend, giving to the big oil companies at a Now, we, last year this Congress, spend it all in getting us off of oil. time when they’re making all-time passed a number of other pieces of leg- Don’t spend one penny in furthering record profits, your money and mine, islation dealing specifically with rising our dependence on oil because that is taxpayer subsidies. gas prices, trying to head them off. We not going to solve the problem in the And it’s clear that with oil at $117 a voted to hold OPEC accountable for oil short-term and certainly not in the barrel and rising that ExxonMobil does price fixing. It passed this House 345–72, long-term. not need taxpayer subsidies. They’re overwhelming bipartisan support. It So that is the difference of opinion going to make their money. They’re faces the threat of a veto on the other that exists, should we invest in re- doing quite well. They just set the all- end of Pennsylvania Avenue. We voted search and development and finding an

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00092 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.003 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 6975 alternative source of energy, getting us legislative business for this week and stand ready to work with Democratic off of oil, or should we invest on the as we start our legislative business for colleagues in a bipartisan fashion to supply side for today in a way that is next week and as we go home to talk to address America’s energy prices. An- going to further and even deepen our our constituents this weekend, I think other line I want to take out, And in dependence on oil. That is the debate it’s important for us to reflect on the light of skyrocketing gas prices affect- that exists in this House. real reality of what is going on with so ing working families in an economy So at that point I would thank the many military families’ communities. that is struggling, we stand ready to gentleman from Florida for his strong As of today, April 24, we have the assist. leadership on this issue, for allowing total number of deaths out of Iraq, Now I just wanted to read that and I me the time to speak, and I would turn 4,046; the total number of wounded in just want to point to what the facts the time over to Mr. MEEK from Flor- action and returned to duty, 16,520; and are. Now I can go back to my office and ida. the total number of wounded in action, write a letter that I feel good about, Mr. MEEK. Thank you, Mr. ALTMIRE. not returning to duty, is reported at even if I didn’t want to fact check it. I I want to thank you so very much for 13,309. That number could have gone up can go and say, Well, let me see; let me coming to the floor. You have to run since we last checked. But I think that write a letter that makes me feel good back and do the work for your con- it’s important that we continue to put as an individual. Well, I mean that is stituents back in your district. that into the RECORD so that people fine if I am writing it to a friend of Madam Speaker, I am going to do an can reflect on our efforts in trying to mine that I went to college with and abbreviated 30-Something today. Last draw down our troops in Iraq but mak- we are going back and forth about our night, we were on the floor talking ing sure the necessary personnel stays different opinions on politics or what- about a letter that our friends on the there, a very small number, not 142,000 ever the case may be. other side, Republican colleagues, that is there now, and above. But when you’re a part of the leader- wrote to Speaker PELOSI. It was just, I want to, Madam Speaker, pick up ship of the United States Congress and based on the information that I re- where I left off last evening. I think you write a letter to the Speaker to ceived from the letter and some of the it’s important because there was some make a point on the floor on a motion reading that I have done and the re- action on the floor yesterday and I to recommit to say I wrote you, and search that we have done here on the didn’t want any of the Members to get have the Members here thinking good- 30-Something Working Group, I just confused when they go back to their ness, am I voting the right way or the had to come back today to finish mak- district saying, Well, I voted on a mo- wrong way, when the evidence in your ing the point. So I think it’s impor- tion to recommit, which, as we know, voting record doesn’t stand towards tant, since the letter from the Repub- which is a procedural motion here on what you said you want to do, or that lican leadership is talking about how the floor, that really didn’t make a lot you would like to do if you have the we need to work together in a bipar- of sense and really was counter- opportunity to do it. Yes, gas prices are high. I said last tisan way. productive versus productive. We had a night that many of my friends on the Madam Speaker, I know that you debate here, and it’s nothing wrong other side of the aisle, they are real have heard me before say that biparti- with that because we can go back and people the too. They have to put gas in sanship is only achieved when the ma- forth. But let’s go back and forth on their tanks too. They have constitu- jority allows it. I have said that in the fact and not fiction. ents that are sitting there trying to two previous Congresses, hoping that What I did not have last night, figure out, playing what I call the gas Republican leadership will work with Madam Speaker and Members, what I pump game, trying to stop at $10 and the Democratic minority at that time have right now is the actual letter that make it to work, and you have a little to achieve this bipartisanship. We have went to the Speaker from the Repub- bit over, 2, 21⁄2 gallons, maybe 3, if worked time after time here on this lican leadership on this very issue. But you’re lucky. I know those individuals. side of the aisle to make sure that we I had to go further and we had to make I know what it means to sit at the din- can include Republicans and all Mem- sure that not only we had the letter ing room table, trying to figure out bers of the House in good legislation. that went to the Speaker and read that what you’re going to pay and what you The legislation dealing with price letter and the full text. I can contest to can’t pay because the gas price has gouging on the military contract that two pages. You have all of the Repub- gone up, you have children, you have was on the floor yesterday; unanimous lican leadership that is elected. I won’t bills to pay, leave alone trying to pay vote. Never would have made it if it call any names out. You know who for college. wasn’t for the Democratic leadership they are. Let me just make this quick point. I allowing it to come to the floor. That They wrote this letter to the Speaker didn’t have this last night, Madam bill would have never seen the light of and in this letter it talks about how 2 Speaker, but thanks to the 30-Some- day, leave alone the crack under the years ago this week you stated that thing Working Group and the people door, if we were under the Republican House Democrats had a commonsense that support us, they blew this up for leadership that we used to be. But I am plan to lower gas prices. In light of me because I wanted to make the point so glad that the American people found skyrocketing gas prices affecting the a little clearer because I like to break it fit to make sure that we allow working families, and it goes on, the this thing down so all the Members Democrats to be in charge of this public sector, and it says to date the know exactly what is going on. House so that those kinds of pieces of national average stands at $3.51 a gal- Now I would say that the folks that legislation were able to get to the lon, and according to AAA, it’s $1.18 assist us in getting together, they went floor. higher than it was before the 110th a little further, making sure we had As you know, Madam Speaker and Congress started. Then it goes on to the names and signatures on the letter. Members, I always remind the Mem- say, More than 50 percent increase. It I like to cover those names and signa- bers of the daily report on what’s going goes on and on and on. And, once a tures because I can tell you at the 30- on in Iraq. We had a lot of chest beat- nightmare scenario, $4 a gallon is now Something Working Group we never in- ing going on in this chamber for about very real and possibly becoming reality dividually pointed any Member of Con- 4 or 5 years of who loves the troops, in the summer. Now let me just say gress out as it relates to what we dis- who supports the troops, and all of this this. I also owe credit to the Repub- agree with them. So I want to continue and all of that and going back and lican leadership. They said, We are with that philosophy as part of the forth. I have a tattoo on my arm say- looking forward to working toward a leadership of the 30–Something Work- ing I support the troops. That is not commonsense plan. ing Group. But I just want to make what they are looking for. Well, that’s the letter. In the release, this point. But I think it’s very, very important Madam Speaker, they go on to say, Now this goes down the Republican that the Members realize as we end our using words like, House Republicans leadership. You can read the letter, and

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00093 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.003 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6976 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 April 24, 2008 you can probably get the letter some- am going to say Members. Clean sweep. the red part is actually the leases. And how under all of this transparency we I just want to make sure. From the you can see from 1994, here are the see now, especially for the Members, top, all the way to the bottom, no. I leases. These are the actual wells that and if the Members want to get a copy guess that was the ultimate insult to are out there. from me, I will be more than happy to those that had been celebrating the Well, under the Republican leader- supply you with it if you were unaware protection of the Republican Congress ship of the previous Congress and the your leadership wrote this letter. for so many years, and now the Demo- one before that, those are the ones I We had a piece of legislation that Mr. cratic Congress is now elected and we can attest for, because I was here. They ALTMIRE talked about on the no oil are doing what we said we would do if did all they could to continue as many producing and exploitation cartels. we had the opportunity to do it. leases as they could. You know, we That is H.R. 2264. This legislation en- Now we are going green instead of want to give it. If big oil wanted it, ables the Department of Justice to going into profit making for big oil they can get it. It was an open door take action against OPEC-controlled companies. The protection is no longer policy. Whatever you guys want, we entities for participating in oil cartels there. I have no problem with Mobil or want to take care of it. that drive up the price of oil globally any of them out there. I don’t have any I have another chart to talk about, and in the United States. problem with them. I mean they are the 2001 meeting that took place in I am just going to point to right businesses, and I don’t think that prof- Vice President DICK CHENEY’s office, here. It goes from the top of the power, its are a bad word. this energy conference that took place down to the bottom, voted no. That is and how it took off for big oil and how b 1730 no. Second in control voted no. The it went against the American people. fifth in control voted no. Going all the But when you have the former Con- But as you start looking at the drill- way down, they all voted no against gress in the front seat protecting and ing leases now, you see all the leases that. have your back versus the American that are there and we see all of the Now that is something to give our people, I got a problem with that. And wells that have been drilled and we see Department of Justice the teeth it so I think that it is important, and gas prices going up. So to say more needs to go after those individuals that that is the reason why I came back leases, more drilling is better, it are not holding the interests of the here today on this last day of our legis- doesn’t speak to that. That was the old American people, and they are holding lative business to point this out. strategy, Madam Speaker and Mem- greed. They voted no on it. I don’t un- Clean sweep. Clean sweep. Every last bers, that the Republican leadership derstand it because I want to make one of the Republican leadership voted used to take. Give them what they sure when individuals come to this no against that legislation. And I am asked for and gas prices will go down. floor, and it’s a legitimate argument, I going to make a point on that piece Well, that has not worked. So for the don’t have any issues with it. But I that I am going to point out this last pot trying to call the kettle black, or want to make sure that the Members vote. But I am going to make a point saying Democrats have been doing know if you’re going to come to the on why this clean sweep did not make something bad or something like that, floor, come right. If you’re going to sense as it relates to the policy of the or you haven’t done anything, you come right, make sure that you’re not vote that took place from the entire can’t forget that the President of the trying to fake anybody out. Because 30- Republican leadership. United States is a Republican too and Something Working Group is going to The market manipulation provision has been a part of what the American be on the floor and we are going to set in the Energy Independence and Secu- people are experiencing. the record straight. I just want to rity Act of 2007. It goes on that it was Now, let me just share this with you. make sure that folks understand that signed into law in December, and this I had this chart last night, but I want this is serious business, because my deals with the wholesale price of gaso- to bring it out again because some of constituents are paying too much for line and petroleum, and required the the Members might not have been up gas and we are up here trying to do Federal Trade Commission to enforce last night at 10 p.m. I was. something about it. and punish those. Again, that is part of May 16th of 2001. You heard me refer The Energy Price Gouging Act, H.R. the market manipulation scheme. to the White House energy plan that 1252. This legislation empowers the The top voted no, and next two in was submitted. This is Mr. CHENEY’s Federal Trade Commission and gives it charge I assume voted yes. And then task force. They were meeting. And I the authority to investigate and punish the rest voted no, all the way going believe also this is a quote. ‘‘If you those who artificially inflate energy down to the bottom of the Republican look at future prices with respect to prices. Again, this is the Democratic leadership that voted yes. So we have gasoline, they will appear to be headed Congress, just exactly as the Speaker six of the Republican leadership voting down.’’ This what was said out of the said that we would do to drive gas no, and we had three of the Republican White House at that particular time. prices down. What happened on that leadership voting yes. But you can see it had a reverse effect second piece of legislation? No. Second I said all of that to say that if we are on what the American people were told in control, no. Third person in control going to sign a letter, you have got to at that time. Gas prices continued, as of the Republican conference, no. Fifth fact check your own voting record if you see the goal here, to go up. person, no. No, no, no. And they all you are going to try to make a state- Here is the meaning of the meeting signed the letter talking about what ment and put a press release out to the here, I believe somewhere around June are you going to do about gas prices. media to say that we are pushing them. of 2005, of course, our leader with the I just want to make sure that this is It may look good on the website, but Saudi Arabian king there, trying to serious. Renewable Energy and Energy you don’t want to put this on your build relations hopefully that we were Conservation Act, a tax act of 2008, website, because it doesn’t speak to- all hoping would drive gas prices down. that is H.R. 5351. This bill will end un- ward the words. But as you can see, they continued to necessary subsidies to big oil compa- Now I am going to tell you the rea- go up, and oil sets a new record above nies and invest in clean and renewable son why. Where is that chart? I need $119 a barrel and the retail gas raises to energy and energy efficiency. It also my chart on how many leases that are the national average of $3.51. Some expands tax incentives for renewable out there and what has happened. people may say, where are you buying energy programs. Madam Speaker, we love charts here that gas, because that is cheap. That is I tell you, we want through for clean in the 30-Something Working Group. an AP report of 4–22–08. sweep on that one because that was This is what we do. I think it is important that we look taking money out of the pockets of This chart here shows how many at this chart. I hope that we can put those that have made record profits leases that are out there and how many this chart on our 30-Something Work- worldwide. Clean sweep here, folks. I wells that are actually out there. On ing Group website. It is not there yet,

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00094 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.003 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 6977 I don’t think, but we will get it on lieve it will be Wednesday, I want to Mr. Popps has expressed interest in serving there. Hopefully by the end of this talk about the initiatives that we have in this capacity and I am pleased to fulfill week we will have it up, if Members going on right here in this Capitol, all his request. Sincerely, want to pull that down and take a look the way down. I just wrote an article JOHN A. BOEHNER, at it. for one of the local publications here in Republican Leader. Now, again, I am stating the obvious. Washington, D.C. talking about what f January 22nd, 2001, $1.47; today, $3.53. we are doing. That is as of 4–23–08. So we know that Think about it. Greening the Capitol ISSUES AFFECTING THE WORLD is today where we are on the gas price. was not even a discussion until we, and The SPEAKER pro tempore. Under And that source is AAA. Can we put when I say ‘‘we,’’ the Democrats took the Speaker’s announced policy of Jan- that on our website, too? That would control of the House, empowered by the uary 18, 2007, the gentleman from Iowa be very helpful. American people. I will talk about (Mr. KING) is recognized for 60 minutes. I think what else is important, that, and I will maybe enter it into the Mr. KING of Iowa. Madam Speaker, I Madam Speaker, as I start to come in CONGRESSIONAL RECORD so it will be am quite pleased to come to the floor here for a landing here, the average there to highlight exactly what the and be recognized to address you. I am price per gallon of fuel paid by the U.S. House Administration Committee and especially honored to be the first Mem- military units in Iraq is $3.23 a gallon. other committees that the Speaker has ber of Congress to address this Con- That is how much they are paying. appointed to deal with this very issue gress after Dean Popps has been ap- That is an AP fact from the Associated are doing. pointed, as has just been read into the Press. That is 4–22–08. Then it goes on, But, in closing, if you are going to RECORD. I want to talk about two pa- the price per gallon of gasoline for send a letter to the Speaker, the Re- triotic Americans this evening, and Iraqi residents is $1.36, and that is the publican leadership, if you are going to then transition to some other subject AP on the same date, on 4–22–08. send a letter to the Speaker, make sure matter. Let me just finish with two other you fact check your own letter. That is Dean Popps is one of those who has points here. The cost for fuel the U.S. the message of today. And if you don’t served his country, and done it very military consumes per month is $153 fact check it, I guarantee you that well. He was one of the first people to million, and oil revenues that the Iraqi those of us that are in the Capitol will go into Iraq as part of the team with government is expected to take in this find the time to do it, especially on an Paul Bremer, a person who gave up a year is $70 billion. issue that hits such a chord with so pretty easy path here in the United Now, this leads to another point. If I many Americans. States that he had earned for himself had enough time I would make it, but So, let’s try to vote together. Let’s to take on a very difficult and chal- I am going to cut my 30-something try to work together. Let’s try to re- lenging path to serve his country. I piece short today, because if I was to solve the problems of everyday Ameri- have seen him stand as we loaded start talking about the Iraqi govern- cans as it relates to the economy, as it wounded on to planes at Landstuhl, his ment, and that is the whole failure of relates to health care, as it relates to hand over his heart and a tear in his the whole piece, what they are not what is going on in Iraq together. Let’s eye. doing to assist us. Because when you not stand in the schoolhouse door and b 1745 look at it, I think the U.S. military then, you know, write a letter and say, And he will serve this country very should be paying the price that Iraqis oh, well, we don’t know what you guys well on the appointment that has just are paying. are doing. We would love to be a part of been read into the RECORD. And I look Since we are over there carrying out it. I don’t know why you are sitting on forward to the results of that service as this great deed, why are we spending your hands. You said 2 years ago you I have seen the results of his past serv- $3.23 a gallon? I don’t know why. And would do something. You haven’t done ice. It is a matter of coincidence that I when we have just average Iraqis that it as of yet, as though we are working arrive here to hear the reading, and I are not taking the incoming that our hand-in-hand. When I say ‘‘we,’’ I am can’t pass up the opportunity to say a troops are taking—they are paying a talking about the Republican leader- few kind words about the most quali- price, the Iraqi civilians, I must add— ship, and making sure that we achieve fied individual that could possibly but the individuals that have to go out that. come forward to serve on the commis- there on that midnight shift to protect Madam Speaker, with that, it is al- sion. I look forward to that service, the streets of Iraq are paying $3.23. I ways an honor coming before the Madam Speaker. mean, we are just in the business of House. It is always good bringing this Then, I also have come to the floor to making sure that Americans pay more great information. I would like to convey a message, that conveys a mes- than anyone else. thank the working members of the 30– sage to you, Madam Speaker, that re- So I am just going to put it that way. Something Working Group and our flects across the United States Con- I just want to lay that out. Maybe staff. gress in listening to the remarks that somebody at the White House may hear f were made by the previous speakers, me and may call somebody over in the including the gentleman from Florida, COMMUNICATION FROM THE HON- parliament over in Iraq, if they are about our operations in this global war ORABLE JOHN A. BOEHNER, RE- meeting, if they even have a quorum, on terror; and global war on Islamic to be able to deal with that issue. PUBLICAN LEADER Jihadists is a more appropriate way to This issue as it relates to gas is The SPEAKER pro tempore laid be- address our enemy. something that is very personal to fore the House the following commu- Our enemy has a global presence, and many Americans. Again, I just want to nication from the Honorable JOHN A. they are attacking us globally and make sure that the record was set BOEHNER, Republican Leader: they have been doing that for 20 or straight on the CONGRESSIONAL RECORD CONGRESS OF THE UNITED STATES, more years, perhaps more than 25 as it relates to what Democrats have HOUSE OF REPRESENTATIVES, years, in the modern era here, and we done to bring down gas prices. But, of Washington, DC, April 7, 2008. need to recognize who they are. Our course, we do not have the presidency Hon. NANCY PELOSI, soldiers and our troops recognize who of the United States, not as of yet, to Speaker, U.S. Capitol, they are, but there seems to be a my- be able to fulfill the total reality of Washington, DC. opic vision on the part of a lot of Mem- how do we move towards alternative DEAR SPEAKER PELOSI: Pursuant to Section 841(b) of the National Defense Authorization bers of Congress that happen to be fuels, how do we go greener, even Act for Fiscal Year 2008 (P.L. 10–181), I am right now in the majority. And I regret greening the Capitol. pleased to appoint Mr. Dean G. Popps of Vir- that I have seen this war turned into a Madam Speaker and Members, when I ginia to the Commission on Wartime Con- political tug-of-war rather than a pol- come back to the floor next week, I be- tracting. icy that we are committed to, and we

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00095 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.003 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6978 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 April 24, 2008 are committed to in large numbers, to know that some had to serve and some neighbors’s house burn to the ground. grant the authority to engage in the would sacrifice, and he volunteered to It is irresponsible and it is morally liberation of the Iraqi people. do so. He is a decorated veteran. He re- wrong to ever consider such a thing. And now that this has gone on for a ceived a Purple Heart in Afghanistan, Freedom is so important. It is one while, and even though the casualties and went back into the theater of war thing to say it; it is another com- in the beginning were far, far less than and now he is there in Iraq. And he pletely to watch someone die for it or those predicted by the very detractors sent this e-mail to me, and, Madam for someone else’s. today that say that the accumulated Speaker, I would like to read it into All citizens and all governments are casualties over the last 5 years are the RECORD. Captain Sean P. O’Brien. obliged to work for the avoidance of more than this Nation can bear and Hello again from Baghdad. I am not war. However, as long as the danger of that we should leave Iraq under any sure what is going on in the news these war persists and there is no internal circumstances, according to their view, days, but I would like to offer another authority with the necessary com- and let the calamity begin. perspective. petence and power, governments can- Well, the calamity began in the As important as it is to the media to not be denied the right of lawful self- aftermath of Vietnam, and the body sensationalize a story, the nuisance of defense once all peace efforts have count by the time the killing fields in these attacks is just that. If there was failed. Cambodia were totaled up was some ever a time that we were taking the It is personal. The enemy wants to number between 2 million and 3 million wood to these jerks, it is now. The few kill us because we are Americans. people. that are causing the problems, and I There is nothing else they want. They But today, because of the courageous mean the few, seem to be cut off, and hate us; they hate who we are and what actions on the part of all of our mili- they are fighting like it. They are we represent. There is nothing to offer tary, and that absolutely includes our making incredibly huge tactical errors, an extremist except extreme measures. Commander in Chief, the 25 or 26 or so and their support seems to wane very However, all of that is just an effect. million in Afghanistan breathe free. easily in the face of the coalition and Is it moral to fight an effect and not They voted for the first time on that Iraqi Security Forces’ resolve. a cause? Yes; when your inaction piece of real estate on the planet, ever, I have seen with my own eyes the means a culture will suffer for genera- because of U.S. and coalition forces lib- bravery of the Iraqi Army. They really tions. The real issue to consider is possibly: erating them. And there have been a are fighting for their country, and they What is there to gain by a destabilized number of elections in Iraq and an- are making the kinds of sacrifices we Iraq? And, who is to gain? other one coming up, a place where we like to remind ourselves of our own he- roes. The Iraqi police, not as success- At the end of the day, the evaluation can’t say that they actually had a rep- of these conditions and for the moral resentative form of government. No ful, but still holding their own, espe- cially when they know that we have legitimacy belongs to the prudential constitutional republic existed there. judgment of those who have the re- Today, they have a significant meas- got their backs. I hate this job. I hate being away sponsibility for the common good. That ure of freedom, and in fact their safety from Dawn and the kids, but I love see- is you and me, the American. and security has improved dramati- ing the enemy’s cowardice and the in- And back to the destabilizers. Imag- cally, partly and in a large way be- consistencies disintegrate into their ine a few of these cowards kidnapping a cause of the result of the surge, also death when they are met with delib- loved one of yours, beating them, and because of the result of the diplomacy erate and disciplined prosecution. They then filming your loved one on their that takes place, not on the part of push teachers and kids out of schools knees. You hear the words ‘‘Allahu some of the self-appointed emissaries and fight from the schoolhouses. They Akbar’’ chanting in the background, that think that they should be the arrange coordinated attacks from meaning ‘‘God is great,’’ and then you Lone Ranger on American foreign pol- mosques. I suppose, as any insurgent watch these hooded cowards saw the icy, those who don’t seem to under- would, their best weapon is a booby head off of your loved one with a dull stand our Constitution or the Logan trap. knife. Fear is their only actual weapon, Act. By the way, a person who revolts and this weapon is not effective in the No, Madam Speaker. I am talking against civil authority or an estab- face of a self-aware citizen army and about the American soldier, the Amer- lished government is an insurgent. populous such as the Americans and, ican Marine, the American Airman, Please note, established government. soon, as the Iraqis will be. and the Sailors too, and particularly The largest share of the attacks has Interesting that Senator OBAMA the Seabees that are on the ground, been aimed at anything that represents wants to immediately sully the pres- that are playing soccer with the Iraqi the government, not so much coalition tige of his sought office by offering an kids and handing out candy and nur- forces. Our mission is to protect the open meeting to those who want our turing them and saving children, sav- populous. The populous wants to be Nation to burn. To give away the store ing their lives, and teaching them a lit- safe, and they demonstrate it. The is the best analogy I can think of. No tle bit of English and learning a little Iraqi Army is getting stronger every matter. bit of Arabic and being part of the cul- day, and they give their lives for it. Captain O’Brien goes on: I have faith tural exchange. Those are the people The enemy is very reactive and there- in the American people not to allow that are earning the peace, and their fore easily predicted. that conflicted man to represent the lives are on the line, and every one of Something to think about. We are United States in any way. So naive, them is a volunteer. And they want to not leaving here. No one has told me yet the amount of naivety seems to complete their mission, Madam Speak- this, but I do know that over the last 60 demonstrate that his intentions are er. years we still have troops in the fol- calculated. This brings me to a message that I lowing places: Korea, Japan, and Ger- You should be proud of our Joes and received in my e-mail, I am going to many. What is the difference? Hazard Joeys over here. All are still giving say a couple of weeks ago that I re- pay? Only a rhetorical question, he some, and some have and are going to ceived this e-mail. It is from a Captain notes. give all. But don’t mourn them; honor Sean P. O’Brien, 5th Battalion, 25th And Captain O’Brien goes on: them, and understand the sacrifice Field Artillery, 4th Brigade, 10th All countries are now contributing they are making and for whom they Mountain Division, a forward operating culturally and economically. Is the are making it. base somewhere in Iraq, and I will not sacrifice any different now than it was Have a great day. It will be good to divulge that location. I have watched then? Was it worth it to help them out? come back when we are done. as an older boy and then a young man, Is it worth it now? Captain Sean P. O’Brien, 5th Bat- Sean O’Brien, grow up and learn patri- To leave this place would be the same talion, 25th Field Artillery, 4th Bri- otism and the cost of freedom, and as standing by, idly watching your gade, 10th Mountain Division, Baghdad.

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00096 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.003 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 6979 Madam Speaker, that is a sample of have it, because it is the bullies of the brinksmanship, taking some risks, the e-mails that I get. And that I think world that will poke their finger in being bold, doing the American thing, is the most profound one and among your chest. And if you fear the con- doing the free world thing, and the con- the most compelling, and I think it frontation and step backwards to avoid test was this. And Jean Kirkpatrick tells the body and the American people the finger in your chest, then the bully said it as she stepped down as ambas- what goes on in the minds and the will take a step forward and poke his sador to the United Nations, I think hearts of our uniformed Soldiers, Air- finger in your chest again and again the year was 1984. Ironic that it would men, Marines, and Sailors over there. and again. be, actually. But I remember her say- And as I looked them in the eye on Countries, dictators, tyrants are the ing, and I read this in an article in the that soil and they ask me, how could bullies of the world. And when you newspaper about page 3 or 4 in a tiny anyone consider calling us home before reach the point where you are up little three column inches; she said, we finish our mission? And they repeat against the wall, then you can decide what is going on as she resigned her to me that they are all volunteers. whether you are going to fight or ambassadorship to the United Nations: Every single one that serves in that whether you are going to grovel. But I What is going on here in the conflict in theater is a volunteer. They volun- can tell you, he has chosen that the world, the Cold War, is the equiva- teered for their branch of the service. ground, and you make that decision on lent of playing chess and Monopoly on They have, in doing so, that period of his terms, not yours. the same board. And the question was, time that they have signed up or re- The American people have been a would the United States of America upped for is certainly a period of time bold people that have made the deci- bankrupt the Soviet Union economi- in which they knew that they were sions on which ground to fight on our cally before the Soviet Union check- likely to be deployed over to that part terms, not theirs. And Ronald Reagan mated the United States militarily? of the world. made that decision when he stepped up b 1800 They are willing to put their lives on and said, ‘‘Mr. Gorbachev, tear down the line for our freedom, our liberty, this wall.’’ And that laid out that in- Mr. Speaker, that was the contest and our posterity, Madam Speaker. spiration. And a few years later, the that was going on. Ronald Reagan un- And for us to sit back here and argue wall came tumbling down. derstood that. Margaret Thatcher un- that we are tired; we are tired, when When that wall fell down in Berlin, I derstood that, and I think Pope John they are the ones that are fighting this watched this unfold on the news, and Paul the Great understood that and war? What has America sacrificed? We that was when I knew I needed to go upped the ante and took the risk and have sacrificed some of our sons and get cable TV and a broader news cycle, did the bold thing and challenged. daughters. We have given them a great because the whole story for the ana- When he challenged, it added inspira- deal in Iraq and around the world. lysts was how families that had been tion to a people. When they found that Blood and treasure is priceless, and divided by the wall could now come to- the emperor had no clothes, that the blood is far more priceless than treas- gether, and they were breaking cham- bear had no teeth, the bear had no ure. pagne bottles in their family reunions claws, and they found that the will was We have given them a great deal, but on the wall. And some were there with not there any longer on the part of the the price that has been paid by the in- hammers chiseling away at the Berlin Soviet Union to exterminate people dividual American is small in compari- wall. who were just trying to get over the son to what is being paid by our mili- They missed the point. It was weeks wall for their freedom, then they defied tary that are standing there in their and weeks and weeks before you could authority, and almost bloodlessly the uniforms, volunteering, saying: Let us find a mainstream media, talking head wall came down. The Iron Curtain complete our mission. Let us be vic- pundit that even would utter the words came crashing down and freedom torious and then come home. Let us that were close to the truth that most echoed all of the way across Europe leave a legacy of freedom in Iraq and in of us commonsense American people clear to the Pacific Ocean. Afghanistan and across the world. saw as we watched it on TV when the Hundreds of millions of people And think what the map of the world Berlin wall came down, hammers and breathed free because of that courage looks like. It sometimes takes courage. chisels, a piece at a time. That was lit- and that boldness and that nobility of Sometimes it takes a level of leader- erally, literally, the Iron Curtain came Ronald Reagan, Margaret Thatcher, ship to do the noble thing. And, Madam crashing down. and Pope John Paul. Speaker, I wonder sometimes if we The Iron Curtain that was con- That kind of bold move is what it have lost our ability to take ourselves structed across Europe at Yalta on takes for people to achieve freedom. It back to what is noble and what is right February 11, 1945 came crashing down was a bold move to draft and sign the and what is good and what is just. beginning November 9, 1989. And the Declaration of Independence and hang But Ronald Reagan did the noble analysts in America didn’t understand that out in the public square and un- thing. He did the noble thing when he what that meant, and they didn’t un- derstand that as they pledged their gave the speech when he said, ‘‘Mr. derstand what it meant when Ronald lives, their fortunes and their sacred Gorbachev, tear down this wall.’’ Reagan said, ‘‘Mr. Gorbachev, tear honor, they well might be hanging in And, Madam Speaker, if the Amer- down this wall.’’ They didn’t under- the public square as well, our Found- ican people knew the story on how dif- stand what it meant when Pope John ers, that signed the Declaration. ficult it was for that language to re- Paul, now The Great, uttered his words They took that risk, and many of main in President Reagan’s speech, and weighed in on this and gave an in- their lives were ruined. But the birth of how many Chicken Littles, how many spiration to the Christian reformation this country began and freedom was in- people that wanted to play the cau- of Europe. And, how those minds and spired. A bold and noble act brought tious route, those that didn’t have the those voices together gave inspiration, forth the United States of America. A courage, those that didn’t want to be, along with Margaret Thatcher who, bold and noble act brought down the could not and did not have the courage when she looked at Gorbachev and Berlin Wall, crashed the Iron Curtain, to do the noble thing, tried to pull that talked with him and met him, said to and a bold and noble act freed the Iraqi language out of Ronald Reagan’s Ronald Reagan, ‘‘This is a man with and the Afghani people. speech because they were afraid of whom we can do business.’’ Mr. Speaker, taking myself back to what Gorbachev might do. They didn’t And I don’t know how good of a busi- those moments in history, the noble like the idea that it would be adding to ness he did for the interests of the So- times when people have been bold and the tension and adding to the friction, viet Union since it collapsed some time had the courage to take a risk and because they were afraid of confronta- later, but the business that got done know that bad things could come out tion, Madam Speaker. And to fear con- was this, Madam Speaker. The strat- of a bold decision, but seldom do any frontation means eventually you will egy, the noble strategy of playing some better things come out of decisions

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00097 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.003 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6980 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 April 24, 2008 that are not so bold. I could go through way around the cabinet table. Every to this temporal world that we are in history and talk about the Declaration cabinet member advised President Lin- at this time. I got to know her and I of Independence, as I stated. And addi- coln do not sign the Emancipation had a number of conversations with tionally, Abraham Lincoln’s signing of Proclamation. her. Upon our first meeting, it was the Emancipation Proclamation, the And the leadership of courage, the shortly after September 11, and I sat boldness with which he stuck to his nobility of the man, President Lincoln down with her one-on-one in Storm guns and said we will preserve the looked at his cabinet members and he Lake, Iowa, I would add. And I asked Union, and almost at any cost, and it said, ‘‘Well, gentlemen, the aye has it.’’ her a series of questions. was a high price that was paid. ‘‘The aye has it,’’ Mr. Speaker. That One of my questions was, How do we And the boldness to which Abraham is courage. That is vision. That is no- get to the point where we can achieve hung to the principle of freedom for all bility. That’s the thing that we see out victory in this war since this is an people. He said, ‘‘As I would not be a of our soldiers in places like Iraq and amorphous enemy and it is not a com- slave, I would not be a master,’’ and he Afghanistan. And it is not getting easi- mand-and-control structure and there acted on it. er in Afghanistan. The casualties are is not a piece of real estate that we can My information from an accom- going up there. We do have support go and capture and occupy and say we plished historian is a story that I have from a lot of our allies in Afghanistan, won? How do we win and declare vic- to qualify because even though I am as- and we have significant support in Iraq tory? How do we know when we have sured it is a true story, it is such a from our allies there. won? good story. Many things are attributed But we must not fold, we must not Her answer was you’ve got to give to Abraham Lincoln, so I am a little blink, we must not fail. We should lis- them freedom. You’ve got to give them cautious. It is inspirational regardless ten to our uniformed military who are a chance at democracy. If you do that, of whether we can verify it to be fact. putting up the sacrifice. If I hear over they will change their focus from ha- I have done some steps to verify. I be- here again, ‘‘I am tired of this war,’’ tred and terror toward their families, lieve it to be a fact, but I am not cer- find me a volunteer soldier that is not their communities, their neighbor- tain. tired of war. But the numbers of those hoods, their country, and their So I put that caveat in there, but I who support finishing this thing with mosques. If they do that, they will no think it is important to consider this the honor of a victory, and those who longer be focused on hatred and I will inspiration. anticipate, as I do, an Iraq that is free, pick it up from there. That is how we As Abraham Lincoln was considering a moderate, Arabic nation that will be erase the habitat that breeds terror- whether to sign the Emancipation an ally that has significant oil re- ists. Proclamation, he had deliberated on it sources in the Middle East, one who Another way to describe it, Mr. for some time. The political climate will be inspiring to the rest of that Speaker, is if you’re sitting on your was different then than we imagine it part of the world, that part of the porch and a hornet should fly along might be. And he called his cabinet to- world that has been in constant con- and sting you on the arm, you are like- gether. He spoke to the cabinet. flict and turmoil for centuries, we need ly to swat the hornet and rub the arm He said I have this Emancipation to work with this principle that free a little bit. If it happens 2 weeks later, Proclamation, and I am seeking your people don’t go to war against other that is two too many, but it is not so counsel as to whether I should sign it. free people. alarming. But if the whole hive comes So he went around the table. They If we have free people in Iraq and Af- and stings one of your children or were all men in those days. And the ghanistan, and we do, that happens to grandchildren to death, maybe 200 or first cabinet member, the first man be on the west and the east border of 300 stings by 200 or 300 hornets, and for said Mr. President, I don’t think you Iran, respectively. As they see the an unforeseen reason kills one of your should sign the Emancipation Procla- prosperity and the peacefulness and the family members, you no longer sit on mation because, after all you can’t free opportunity and the freedom that ex- the porch with your Raid can and your anybody south of the Mason-Dixon ists today and will be an expanding fly swatter. You go find the hive or Line because we don’t occupy any of freedom in Iraq and Afghanistan, can hives, and you eradicate the habitat that territory and we have no author- anybody imagine that the Iranian peo- that breeds that kind of venom. ity since they have seceded from the ple will not want to partake in that We are going another step here. We Union, so it would be meaningless. freedom and prosperity? They will be are eradicating the habitat that breeds President Lincoln listened. inspired by their neighbors. that kind of venom, and we are replac- Then he went to the next cabinet We can see that part of the globe ing it with a positive habitat that member. The next cabinet member bond together, free people, moderate breeds brotherly love and neighborly said, Mr. President, I think it is mean- Islamic nations who control their own cooperation and common interest of ingless because you can’t free anybody government, people with a voice in the commercial opportunity and an oppor- by signing the Emancipation Procla- destiny of their nation. That is what I tunity to weigh in to promote the des- mation. And furthermore, the African envision and what President Bush envi- tiny of their country. Americans who live north of the sions. That is what we need to have the All of those things come from the Mason-Dixon Line are already free. So courage and the nobility to stand with. kind of mission that our military has it would be meaningless. In the long run, first it saves American been on, the kind of mission that Sean So he went to the third cabinet mem- lives in the long run. Second, it O’Brien has been on, and these things ber who said, We have some people changes the habitat that breeds terror. can and will flow from our efforts wearing our Union uniform that are If you look around the world, we should we have the courage and the no- fighting against the Confederates for have a list of countries that are called bility to stand. other reasons. They want to bring the nations of interest. The nations of in- As I listened to my predecessor Union together, but they believe in terest are the nations that produce ter- speakers, I am going to say illogical slavery, and so you will lose some of rorists. The reason they do is because language about energy keeps coming the support of those soldiers who really they have the habitat that produces forth from the microphones over on aren’t against slavery. They are there terrorists. Some is poverty, some is re- that side. because they want to hold the Union ligion, some is culture. There is a ha- I would challenge them, and I would together. tred of freedom there and there is a yield to anybody that comes up with a They went around the table. The cab- love of death, as we heard the gen- single thing that the Pelosi Congress inet was smaller then, but there was a tleman from California in his presen- has offered that put more energy on different reason from each cabinet tation earlier this afternoon. the market, anything that puts more member. But each one advised Presi- That habitat can be changed. And we Btus in the marketplace, that puts dent Lincoln, no, no, no, no, all of the have lost Benazir Bhutto to this world, more gas into the market, more diesel

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00098 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.003 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 6981 fuel, more ethanol, more biodiesel, bring that down into the heart of the remainder of the biomass component of more wind or coal or nuclear or solar? United States and refine that crude oil this. Any single thing that has been pro- of the Canadians and that huge supply The thing we need to do for energy in posed by the other side of the aisle that that’s there, and we need to tap into the United States is expand every one has put more energy into the market- ANWR, and move to the east from of these slices of the energy pie; put place? where the north slope is, similar ter- more Btus out in each one of these col- I will yield if you can come up with rain and topography, and bring that oil ored pie categories that we have; make an example. But I am going to say that into the domestic market of the United this circle a lot bigger so that the num- answer is zilch. Not one, nada, no Btus States; more importantly, get it on to ber of Btus that we produce is great more on the market. Every single move the world market so we can cut down enough that it puts pressure and down- in these 15, going on 16 months of the on, increase the supply so we can re- ward pressure on the market prices. 110th Congress, every single move by duce the cost of the energy that we That’s our mission. That’s an energy the Speaker’s leadership has been to have. policy. take energy off the market, make it If you saw that there was a report by And by the way, another slice of that more scarce. USGS that they had identified an oil pie needs to be conservation. That’s I don’t understand how the constitu- reserves in North Dakota, some spill- not in there. We need to add conserva- ents for the people who advocate such ing over into Montana; hopefully Mr. tion to that as well, Mr. Speaker. a thing can tolerate suspending the law POMEROY knows about this. I’m sure he So as we move forward in this policy, of supply and demand, making energy does. 3.4 billion barrels of oil up there. let’s keep in mind you can’t suspend more scarce, driving the prices up. Gas And they have to go down nearly 2 the law of supply and demand. We can’t prices are up 50 percent since NANCY miles and do horizontal sand be living in ‘‘Pah-la-la-losi Land.’’ PELOSI took the gavel; 50 percent. fractionalization to make that happen. We’ve got to understand that what We are paying $3.51 a gallon for gaso- But that’s a tremendous amount of oil goes up must come down. That’s the line today. Crude oil prices dropped a that’s domestic, two big oil finds. law of gravity. little today. They were almost $120 a We also have the Chevron find down The sun comes up in the east, not the barrel. They dropped about $6. That is on the Gulf Coast within the last two west. It doesn’t come up in San Fran- about 5 percent. That is a good thing. years, a huge oil find. And the Brazil- cisco, it comes up over on the Atlantic But to listen to the other side, Mr. ians have tapped into an oil find, a cou- ocean side of this. That’s not going to Speaker, they ask us to believe the ple of different ones that look like they change, and no amount of talking idea that somehow George Bush con- could rank in the top three of the oil about it will change where the sun reserves for the world. And we know trols global oil prices, as if $120 a barrel comes up. And no amount of talking is that the west coast of Africa has a tre- for crude oil is something that only going to change the law of supply and mendous amount of oil. Americans are paying, but Europeans demand, except taxes and regulation, So let’s get this going. Let’s put a lot which are going up on our energy pro- are not and Australians are not and Af- of oil on the market, a lot of energy on ricans and South Americans are not. ducers, not down. the market. So I’ll argue, Mr. Speaker, we need to The truth is this is a global market. And, Mr. Speaker, I’d direct the supply more energy, not less. The idea If you really want to protect yourself body’s attention to what really does that more expensive energy is a good from rising oil prices, you can hedge control the cost of energy. This is a lit- thing for Mother Nature, that some- that on the futures market. Go buy tle chart that we made up that, it is a how, if you raise the price of gas to yourself some barrels of oil. If you pie chart. And this represents, this pie $3.51 or $4.50 or six bucks or seven think oil is going up to $200 or $300 or chart is 360 degrees. It is the whole of $400 a barrel, buy some now. Invest in the energy that, as energy consumed in bucks, that somebody’s going to get on that now. the United States, last year in 2007. a bicycle and ride around town instead of driving around in their car, that b 1815 This is in Btus. So in case you’ll know what this number is, Mr. Speaker, may work in some occasions, but it Invest that in the futures. You can being an astute individual. doesn’t work out very good for Grand- protect your interest on that. But this We consumed 101.5 quadrillion Btus ma that’s got to go 10 miles to town in is a global price. George Bush can’t last year in the United States of Amer- January in Iowa. She can’t put the control the oil prices. Here’s a news ica. Of those 101.5 quadrillion Btus, it chains on her bicycle and do that. flash. A President of the United States breaks out this way as a percentage: 23 She’ll get in her car and she’ll drive, can’t do that. He can affect them, yes. percent natural gas, petroleum, gas, and she’ll pay a higher price out of her This Congress can affect them too. But 39.24 percent, and you go on up the line. Social Security and her fixed limited it has to do with how you affect the We’ve got coal at 22.4 percent, nuclear income because you’re driving up the supply and what you do with the tax at 8.29. That’s got to be a diminishing price of gas; you’re not driving it down. and the regulatory structure. number because we haven’t built a nu- And it’s limiting the quality of life, We need more refineries. We need to clear plant in the United States since and people are having to make tough drill ANWR. We need to drill the Outer about 1975 or maybe 1978. There hap- decisions. Continental Shelf. We need to drill the pens to be one going in now in South We need to take action to put more non national park public lands in Carolina. I am glad to see that. energy on the market, not less. And if America, and we need to build roads in Let’s expand the nuclear. It’s very we do that, we can see these prices go distribution areas so that we can do clean and very safe. It’s the safest elec- down, not up. that, so that we can deliver that oil to trical supply that we have in the And I’d add to that that the value of the marketplace. United States. the dollar is a significant factor in And if we look around at what tech- The hydroelectric has not been ex- this. The depreciation of the dollar, the nology is doing, when oil prices went panding, either, and I’m all for expand- dollar value needs to be shored up. A up, what happened? ing that. That sits at 2.3. Geothermal, significant part of the cost of energy is Well, we know there’s a huge oil sup- small little piece there, wind, small lit- because it takes more dollars to com- ply in Northern Alberta in the tar tle piece, solar, very small piece. Fuel pete with the higher value currency in sands, and we’re working with the Ca- ethanol, not as big as someone might foreign countries, Mr. Speaker. nadians, and I hope the deal doesn’t get think. .94 of 1 percent of the energy we And so that is a summary of some of destroyed by initiatives here that are consume in the United States is eth- the things I came to the floor here to anti-energy in this Congress, Mr. anol. And the biodiesel is .06 percent, address. I want to thank you for recog- Speaker. not very big. nizing me and the privilege of speaking But we need to bring that pipeline And then wood and waste is bigger. I here on the floor of the House of Rep- down from Northern Alberta, and we think that’s going to be your biomass, resentatives.

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00099 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.003 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6982 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 April 24, 2008 LEAVE OF ABSENCE ADJOURNMENT 6235. A letter from the White House Liai- son, Department of Education, transmitting By unanimous consent, leave of ab- Mr. KING of Iowa. Mr. Speaker, I a report pursuant to the Federal Vacancies sence was granted to: move that the House do now adjourn. Reform Act of 1998; to the Committee on Mr. MCNULTY (at the request of Mr. The motion was agreed to; accord- Oversight and Government Reform. HOYER) for today after 2:30 p.m. ingly (at 6 o’clock and 21 minutes 6236. A letter from the Chief Human Cap- Mr. WELLER of Illinois (at the request p.m.), the House adjourned until to- ital Officer, Department of Energy, trans- of Mr. BOEHNER) for today on account morrow, Friday, April 25, 2008, at 10 mitting a report pursuant to the Federal Va- of personal reasons. a.m. cancies Reform Act of 1998; to the Com- mittee on Oversight and Government Re- Mr. RYAN of Wisconsin (at the re- f form. quest of Mr. BOEHNER) for today on ac- EXECUTIVE COMMUNICATIONS, 6237. A letter from the White House Liai- count of attending the funeral of a fall- ETC. son, Department of Health and Human Serv- en soldier. ices, transmitting a report pursuant to the Under clause 8 of rule XII, executive Federal Vacancies Reform Act of 1998; to the f communications were taken from the Committee on Oversight and Government SPECIAL ORDERS GRANTED Speaker’s table and referred as follows: Reform. 6228. A letter from the Director, Regu- 6238. A letter from the White House Liai- By unanimous consent, permission to latory Management Division, Environmental son, Department of Justice, transmitting a address the House, following the legis- Protection Agency, transmitting the Agen- report pursuant to the Federal Vacancies Re- lative program and any special orders cy’s final rule — Prothioconazole; Pesticide form Act of 1998; to the Committee on Over- heretofore entered, was granted to: Tolerance [EPA-HQ-OPP-2007-0178; FRL-8353- sight and Government Reform. (The following Members (at the re- 2] received March 18, 2008, pursuant to 5 6239. A letter from the Acting Associate quest of Ms. WOOLSEY) to revise and ex- U.S.C. 801(a)(1)(A); to the Committee on Ag- Attorney General, Department of Justice, tend their remarks and include extra- riculture. transmitting the Department’s annual re- port on activities under the Freedom of In- neous material:) 6229. A letter from the Director, Regu- latory Management Division, Environmental formation Act for calendar year 2007, pursu- Mr. HOYER, for 5 minutes, today. Protection Agency, transmitting the Agen- ant to 5 U.S.C. 552(d); to the Committee on Mr. SKELTON, for 5 minutes, today. cy’s final rule — Approval and Promulgation Oversight and Government Reform. Ms. WOOLSEY, for 5 minutes, today. of Air Quality Implementation Plans; New 6240. A letter from the Assistant Secretary Mr. ELLISON, for 5 minutes, today. Hampshire; Determination of Attainment of for Legislative Affairs, Department of State, Mr. SCHIFF, for 5 minutes, today. the Ozone Standard [EPA-R01-OAR-2008-0069; transmitting the Department’s Annual No Ms. KAPTUR, for 5 minutes, today. A-1-FRL-8543-4] received March 18, 2008, pur- Fear Report to Congress for FY 2007, pursu- ant to Section 203 of the Notification and Mr. DEFAZIO, for 5 minutes, today. suant to 5 U.S.C. 801(a)(1)(A); to the Com- mittee on Energy and Commerce. Federal Employee Antidiscrimination and Mr. KLEIN of Florida, for 5 minutes, 6230. A letter from the Director, Regu- Retaliation Act of 2003, Pub. L. 107-174; to today. latory Management Division, Environmental the Committee on Oversight and Govern- (The following Members (at the re- Protection Agency, transmitting the Agen- ment Reform. quest of Mr. POE) to revise and extend cy’s final rule — Approval and Promulgation 6241. A letter from the Attorney Advisor, their remarks and include extraneous of Implementation Plans; Revisions to the Department of Transportation, transmitting material:) Nevada State Implementation Plan; Sta- a report pursuant to the Federal Vacancies Mr. POE, for 5 minutes, May 1. tionary Source Permits [EPA-R09-OAR-2007- Reform Act of 1998; to the Committee on Oversight and Government Reform. Mr. JONES of North Carolina, for 5 0165; FRL-8543-6] received March 18, 2008, pur- 6242. A letter from the Secretary, Depart- minutes, May 1. suant to 5 U.S.C. 801(a)(1)(A); to the Com- mittee on Energy and Commerce. ment of Veterans Affairs, transmitting the Mr. BROUN of Georgia, for 5 minutes, 6231. A letter from the Director, Regu- Department’s annual report for fiscal year today. latory Management Division, Environmental 2007, in accordance with Section 203(a) of the Mr. GARRETT of New Jersey, for 5 Protection Agency, transmitting the Agen- Notification and Federal Employee Anti- minutes, April 30 and May 1. cy’s final rule — Approval and Promulgation discrimination and Retaliation Act of 2002 Mr. TANCREDO, for 5 minutes, today. of Ohio SO2 Air Quality Implementation (No FEAR Act), Public Law 107-174; to the (The following Member (at her re- Plans and Designation of Areas [EPA-R05- Committee on Oversight and Government quest) to revise and extend her re- OAR-2006-0546; FRL-8534-4] received March Reform. 6243. A letter from the Chair, Equal Em- marks and include extraneous mate- 18, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Energy and Commerce. ployment Opportunity Commission, trans- rial:) 6232. A letter from the Director, Regu- mitting the Commission’s annual reports for Ms. JACKSON-LEE of Texas, for 5 min- latory Management Division, Environmental FY 2007 prepared in accordance with Section utes, today. Protection Agency, transmitting the Agen- 203 of the Notification and Federal Employee cy’s final rule — Determination of Non- Antidiscrimination and Retaliation Act of f attainment and Reclassification of the Baton 2002 (No FEAR Act), Public Law 107-174; to SENATE CONCURRENT Rouge 8-Hour Ozone Nonattainment Area; the Committee on Oversight and Govern- RESOLUTION REFERRED State of Louisiana [EPA-R06-OAR-2007-0967; ment Reform. FRL-8544-6] received March 18, 2008, pursuant 6244. A letter from the United States Trade A Concurrent Resolution of the Sen- to 5 U.S.C. 801(a)(1)(A); to the Committee on Representative, Executive Office of the ate of the following title was taken Energy and Commerce. President, transmitting a report on the Stra- from the Speaker’s table and, under 6233. A letter from the Director, Regu- tegic Plan FY 2007 — FY 2012; to the Com- the rule, referred as follows: latory Management Division, Environmental mittee on Oversight and Government Re- Protection Agency, transmitting the Agen- form. S. Con. Res. 77. Concurrent Resolution sup- cy’s final rule — Determination of Non- 6245. A letter from the Staff Director, Fed- porting the goals and ideals of National Sex- attainment and Reclassification of the Beau- eral Election Commission, transmitting the ual Assault Awareness and Prevention mont/Port Arthur 8-hour Ozone Nonattain- Commission’s annual report for FY 2007 pre- Month 2008; to the Committee on the Judici- ment Area; State of Texas; Final Rule [EPA- pared in accordance with the Notification ary. R06-OAR-2007-0969; FRL-8543-5] received and Federal Employee Antidiscrimination f March 18, 2008, pursuant to 5 U.S.C. and Retaliation Act of 2002 (No FEAR Act), 801(a)(1)(A); to the Committee on Energy and Pub. L. 107-174; to the Committee on Over- SENATE ENROLLED BILL SIGNED Commerce. sight and Government Reform. The Speaker announced her signa- 6234. A letter from the Director, Regu- 6246. A letter from the General Counsel, latory Management Division, Environmental General Accountability Office, transmitting ture to an enrolled bill of the Senate of Protection Agency, transmitting the Agen- the information required pursuant to the an- the following title: cy’s final rule — National Ambient Air Qual- nual reporting requirement set forth in Sec- S. 2903. To amend Public Law 110–196 to ity Standards for Ozone [EPA-HQ-OAR-2005- tion 203 of the ‘‘Notification and Federal Em- provide for a temporary extension of pro- 0172; FRL-8544-3] (RIN: 2060-AN24) received ployee Antidiscrimination and Retaliation grams authorized by the Farm Security and March 18, 2008, pursuant to 5 U.S.C. Act of 2002’’ (No Fear), Pub. L. 107-174; to the Rural Investment Act of 2002 beyond April 801(a)(1)(A); to the Committee on Energy and Committee on Oversight and Government 25, 2008. Commerce. Reform.

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00100 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.003 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 6983 6247. A letter from the Chairman, Merit the Committee on Transportation and Infra- [Docket No. FAA-2008-0121; Directorate Iden- Systems Protection Board, transmitting the structure. tifier 2007-NM-277-AD; Amendment 39-15363; Board’s report entitled, ‘‘In Search of Highly 6257. A letter from the Program Analyst, AD 2008-03-13] (RIN: 2120-AA64) received April Skilled Workers: A Study on the Hiring of Department of Transportation, transmitting 10, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to Upper Level Employees from Outside the the Department’s final rule — Airworthiness the Committee on Transportation and Infra- Federal Government,’’ pursuant to 5 U.S.C. Directives; Saab Model SAAB SF340A and structure. 1204(a)(3); to the Committee on Oversight Model SAAB 340B Airplanes [Docket No. 6265. A letter from the Program Analyst, and Government Reform. FAA-2007-0298; Directorate Identifier 2007- Department of Transportation, transmitting 6248. A letter from the Chairman, Merit NM-238-AD; Amendment 39-15369; AD 2008-03- the Department’s final rule — Airworthiness Sytems Protection Board, transmitting the 18] (RIN: 2120-AA64) received April 10, 2008, Directives; EADS SOCATA Model TBM 700 Board’s annual report pursuant to the Notifi- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Airplanes [Docket No. FAA-2007-0349 Direc- cation and Federal Employee Antidiscrimi- mittee on Transportation and Infrastruc- torate Identifier 2007-CE-094-AD; Amendment nation and Retaliation Act of 2002; to the ture. 39-15366; AD 2008-03-15] (RIN: 2120-AA64) re- Committee on Oversight and Government 6258. A letter from the Program Analyst, ceived April 10, 2008, pursuant to 5 U.S.C. Reform. Department of Transportation, transmitting 801(a)(1)(A); to the Committee on Transpor- 6249. A letter from the Director, Office of the Department’s final rule — Airworthiness tation and Infrastructure. Federal Housing Enterprise Oversight, trans- Directives; Saab Model SAAB SF340A and 6266. A letter from the Program Analyst, mitting the Office’s FY 2007 Annual Report SAAB 340B Airplanes [Docket No. FAA-2007- Department of Transportation, transmitting required by Section 203 of the Notification 0212; Directorate Identifier 2007-NM-237-AD; the Department’s final rule — Airworthiness and Federal Antidiscrimination and Retalia- Amendment 39-15368; AD 2008-03-17] (RIN: Directives; Saab Model SAAB 2000 Airplanes tion Act of 2002, Pub. L. 107-174; to the Com- 2120-AA64) received April 10, 2008, pursuant [Docket No. FAA-2007-0299; Directorate Iden- mittee on Oversight and Government Re- to 5 U.S.C. 801(a)(1)(A); to the Committee on tifier 2007-NM-239-AD; Amendment 39-15358; AD 2008-03-08] (RIN: 2120-AA64) received April form. Transportation and Infrastructure. 10, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to 6250. A letter from the Director, Office of 6259. A letter from the Program Analyst, the Committee on Transportation and Infra- Personnel Management, transmitting a copy Department of Transportation, transmitting structure. of a legislative proposal entitled, ‘‘Grade Re- the Department’s final rule — Airworthiness 6267. A letter from the Program Analyst, tention Modification Act of 2008’’; to the Directives; Fokker Model F.27 Mark 050 Air- Department of Transportation, transmitting Committee on Oversight and Government planes [Docket No. FAA-2008-0153; Direc- the Department’s final rule — Airworthiness Reform. torate Identifier 2007-NM-243-AD; Amend- Directives; McDonnell Douglas Model DC-8- 6251. A letter from the Chairman, Presi- ment 39-15372; AD 2008-03-21] (RIN: 2120-AA64) 11, DC-8-12, DC-8-21, DC-8-31, DC-8-32, DC-8-33, dent’s Council on Integrity and Efficiency, received April 10, 2008, pursuant to 5 U.S.C. DC-8-41, DC-8-42, and DC-8-43 Airplanes; transmitting the Council’s annual report en- 801(a)(1)(A); to the Committee on Transpor- Model DC-8F-54 and DC-8F-55 Airplanes; titled, ‘‘A Progress Report to the President, tation and Infrastructure. Model DC-8-50, -60, -60F, -70, and -70F Series Fiscal Year 2007’’; to the Committee on Over- 6260. A letter from the Program Analyst, Airplanes; Model DC-9-10, -20, -30, -40, and -50 sight and Government Reform. Department of Transportation, transmitting Series Airplanes; Model DC-9-81 (MD-81), DC- 6252. A letter from the President and Chief the Department’s final rule — Airworthiness 9-82 (MD-82), DC-9-83 (MD-83), and DC-9-87 Executive Officer, Tennessee Valley Author- Directives; Eurocopter Deutschland GmbH (MD-87) Airplanes; and Model MD-88 Air- ity, transmitting the Authority’s Annual Model EC135 Helicopters [Docket No. FAA- planes [Docket No. FAA-2007-29061; Direc- Performance Report for FY 2007, in accord- 2008-0101; Directorate Identifier 2007-SW-76- torate Identifier 2006-NM-243-AD; Amend- ance with the requirements of the Govern- AD; Amendment 39-15357; AD 2007-26-51] (RIN: ment 39-15362; AD 2008-03-12] (RIN: 2120-AA64) ment Performance and Results Act of 1993; 2120-AA64) received April 10, 2008, pursuant Received April 10, 2008, pursuant to 5 U.S.C. to the Committee on Oversight and Govern- to 5 U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Transpor- ment Reform. Transportation and Infrastructure. tation and Infrastructure. 6253. A letter from the Executive Vice 6261. A letter from the Program Analyst, 6268. A letter from the Program Analyst, President and Chief Human Resources Offi- Department of Transportation, transmitting Department of Transportation, transmitting cer, U.S. Postal Service, transmitting the the Department’s final rule — Airworthiness the Department’s final rule — Airworthiness Service’s annual report for fiscal year 2007, Directives; CFM International, S.A. CFM56- Directives; Alpha Aviation Design Limited in accordance with Section 203 of the Notifi- 7B Series Turbofan Engines [Docket No. Model R2160 Airplanes [Docket No. FAA-2007- cation and Federal Employee Antidiscrimi- FAA-2007-27229; Directorate Identifier 2007- 0249; Directorate Identifier 2007-CE-088-AD; nation and Retaliation Act of 2002 (No FEAR NE-03-AD; Amendment 39-15359; AD 2008-03- Amendment 39-15361; AD 2008-03-11] (RIN: Act), Public Law 107-174; to the Committee 09] (RIN: 2120-AA64) received April 10, 2008, 2120-AA64) received April 10, 2008, pursuant on Oversight and Government Reform. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- to 5 U.S.C. 801(a)(1)(A); to the Committee on 6254. A letter from the Program Analyst, mittee on Transportation and Infrastruc- Transportation and Infrastructure. Department of Transportation, transmitting ture. 6269. A letter from the Program Analyst, the Department’s final rule — Airworthiness 6262. A letter from the Program Analyst, Department of Transportation, transmitting Directives; Boeing Model 747-100, 747-100B, Department of Transportation, transmitting the Department’s final rule — Airworthiness 747-100B SUD, 747-200B, 747-200C, 747-200F, 747- the Department’s final rule — Airworthiness Directives; Rolls Royce plc RB211 Series Tur- 300, 747-400, 747-400D, 747-400F, 747SR, and Directives; Cessna Aircraft Company Models bofan Engines [Docket No. FAA-2007-27824; 747SP Series Airplanes [Docket No. FAA- 525, 525A, and 525B Airplanes [Docket No. Directorate Identifier 2003-NE-12-AD; 2008-0411; Directorate Identifier 2007-NM-291- FAA-2007-28956; Directorate Identifier 2007- Amendment 39-15364; AD 2006-11-05R2] (RIN: AD; Amendment 39-15326; AD 2004-07-22 R1] CE-068-AD; Amendment 39-15360; AD 2008-03- 2120-AA64) received April 10, 2008, pursuant (RIN: 2120-AA64) received April 10, 2008, pur- 10] (RIN: 2120-AA64) received April 10, 2008, to 5 U.S.C. 801(a)(1)(A); to the Committee on suant to 5 U.S.C. 801(a)(1)(A); to the Com- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Transportation and Infrastructure. mittee on Transportation and Infrastruc- mittee on Transportation and Infrastruc- 6270. A letter from the Program Analyst, ture. ture. Department of Transportation, transmitting 6255. A letter from the Program Analyst, 6263. A letter from the Program Analyst, the Department’s final rule — Airworthiness Department of Transportation, transmitting Department of Transportation, transmitting Directives; Airbus Model A300, A310, and the Department’s final rule — Airworthiness the Department’s final rule — Airworthiness A300-600 Series Airplanes [Docket No. FAA- Directives; Boeing Model 737-300, -400, and Directives; Boeing Model 747-100, 747-100B, 2007-29336; Directorate Identifier 2007-NM-143- -500 Series Airplanes [Docket No. FAA-2007- 747-100B SUD, 747-200B, 747-200C, 747-200F, 747- AD; Amendment 39-15373; AD 2008-04-01] (RIN: 28921; Directorate Identifier 2007-NM-091-AD; 300, 747-400, 747-400D, 747-400F, 747SR, and 2120-AA64) received April 10, 2008, pursuant Amendment 39-15371; AD 2008-03-20] (RIN: 747SP Series Airplanes; and Model 767-200 to 5 U.S.C. 801(a)(1)(A); to the Committee on 2120-AA64) received April 10, 2008, pursuant and -300 Series Airplanes; Equipped with Cer- Transportation and Infrastructure. to 5 U.S.C. 801(a)(1)(A); to the Committee on tain Goodrich Evacuation Systems [Docket 6271. A letter from the Program Analyst, Transportation and Infrastructure. No. FAA-2007-28299; Directorate Identifier Department of Transportation, transmitting 6256. A letter from the Program Analyst, 2005-NM-139-AD; Amendment 39-15354; AD the Department’s final rule — Airworthiness Department of Transportation, transmitting 2008-03-05] (RIN: 2120-AA64) received April 10, Directives; Viking Air Limited Model (Car- the Department’s final rule — Airworthiness 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the ibou) DHC-4 and (Caribou) DHC-4A Airplanes; Directives; Bombardier Model CL-600-2B19 Committee on Transportation and Infra- and Boeing Model 747-100, 747-100B, 747-100B (Regional Jet Series 100 & 440) Airplanes structure. SUD, 747-200B, 747-200C, 747-200F, 747-300, 747- [Docket No. FAA-2007-0262; Directorate Iden- 6264. A letter from the Program Analyst, 400, 747-400D, 747-400F, 747SR, and 747SP Se- tifier 2007-NM-247-AD; Amendment 39-15370; Department of Transportation, transmitting ries Airplanes [Docket Nos. FAA-2007-0410, AD 2008-03-19] (RIN: 2120-AA64) received April the Department’s final rule — Airworthiness FAA-2007-0411, and FAA-2007-0412; Direc- 10, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to Directives; ATR Model ATR42-500 Airplanes torate Identifiers 2007-NM-338-AD, 2007-NM-

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00101 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.003 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6984 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 April 24, 2008 291-AD, and 2007-NM-290-AD; Amendments 39- Energy and Commerce, and in addition to the Judiciary, for a period to be subse- 15325, 39-15326, 39-15327; ADs 2008-01-02, 2004-07- the Committee on Ways and Means, for a pe- quently determined by the Speaker, in each 22 R1, and 90-25-05 R1] (RIN: 2120-AA64) Re- riod to be subsequently determined by the case for consideration of such provisions as ceived April 10, 2008, pursuant to 5 U.S.C. Speaker, in each case for consideration of fall within the jurisdiction of the committee 801(a)(1)(A); to the Committee on Transpor- such provisions as fall within the jurisdic- concerned. tation and Infrastructure. tion of the committee concerned. By Ms. MOORE of Wisconsin: 6272. A letter from the Program Analyst, By Mr. BROUN of Georgia (for himself, H.R. 5894. A bill to provide funding for the Department of Transportation, transmitting Mrs. MYRICK, Mr. AKIN, Mr. MAN- Emergency Food and Shelter Program of the the Department’s final rule — Airworthiness ZULLO, Mr. BARTLETT of Maryland, Federal Emergency Management Agency for Directives; Viking Air Limited Model (Car- Mr. GOODE, Mr. BURTON of Indiana, housing-related assistance needed to prevent ibou) DHC-4 and (Caribou) DHC-4A Airplanes Mr. DOOLITTLE, Mr. PITTS, Mr. homelessness of families in connection with [Docket No. FAA-2008-0410; Directorate Iden- GINGREY, Mr. GARRETT of New Jer- foreclosures on their residences; to the Com- tifier 2007-NM-338-AD; Amendment 39-15325; sey, Mr. LINCOLN DIAZ-BALART of mittee on Financial Services. AD 2008-01-02] (RIN: 2120-AA64) received April Florida, Mr. KLINE of Minnesota, Mr. By Mr. ACKERMAN: 10, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to SESSIONS, and Mr. SALI): H.R. 5895. A bill to require certain labeling the Committee on Transportation and Infra- H.R. 5886. A bill to restrict the diplomatic of unsolicited commercial mail; to the Com- structure. travel of officials and representatives of mittee on Financial Services. 6273. A letter from the Program Analyst, By Ms. SOLIS (for herself and Mr. Department of Transportation, transmitting state sponsors of terrorism, and for other purposes; to the Committee on Foreign Af- HASTINGS of Florida): the Department’s final rule — Airworthiness H.R. 5896. A bill to restore, reaffirm, and fairs. Directives; Empresa Brasileira de reconcile legal rights and remedies under By Mr. MCKEON: Aeronautica S.A. (EMBRAER) Model EMB- civil rights statutes; to the Committee on H.R. 5887. A bill to provide to the Secretary 135ER, -135KE, -135KL, and -135LR Airplanes the Judiciary. of Interior a mechanism to cancel contracts and Model EMB-145, -145ER, -145MR, -145LR, By Mr. BARROW (for himself, Mr. for the sale of materials CA-20139 and CA- -145XR, -145MP, and -145EP Airplanes [Dock- THOMPSON of Mississippi, and Mr. 22901, and for other purposes; to the Com- et No. FAA-2007-28987; Directorate Identifier TOWNS): 2007-NM-127-AD; Amendment 39-15269; AD mittee on Natural Resources, and in addition H.R. 5897. A bill to establish a health reg- 2007-24-03] (RIN: 2120-AA64) received April 10, to the Committee on Ways and Means, for a istry to ensure that certain individuals who 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the period to be subsequently determined by the may have been exposed to formaldehyde in a Committee on Transportation and Infra- Speaker, in each case for consideration of travel trailer have an opportunity to register structure. such provisions as fall within the jurisdic- for such registry and receive medical treat- 6274. A letter from the Acting Chief, Border tion of the committee concerned. ment for such exposure, and for other pur- Security Regulations Branch, Department of By Mr. FILNER: poses; to the Committee on Energy and Com- Homeland Security, transmitting the De- H.R. 5888. A bill to amend title 38, United merce. partment’s ‘‘Major’’ final rule — Documents States Code, to expand veteran eligibility for By Mr. BILIRAKIS: Required for Travelers Departing From or reimbursement by the Secretary of Veterans H.R. 5898. A bill to authorize a grant pro- Arriving in the United States at Sea and Affairs for emergency treatment furnished in gram to help establish and improve State-ad- Land Ports-of-Entry from Within the West- a non-Department facility; to the Committee ministered notification systems to help lo- ern Hemisphere [USCBP 2007-0061] (RIN: 1651- on Veterans’ Affairs. cate missing individuals with Alzheimer’s AA69) received April 3, 2008, pursuant to 5 By Mr. BERMAN (for himself, Mr. disease and other dementia-related illnesses, U.S.C. 801(a)(1)(A); to the Committee on SMITH of Texas, Mr. CONYERS, and and for other purposes; to the Committee on Homeland Security. Mr. COBLE): the Judiciary. f H.R. 5889. A bill to provide a limitation on By Mr. BOYD of Florida: judicial remedies in copyright infringement H.R. 5899. A bill to require funding under REPORTS OF COMMITTEES ON cases involving orphan works; to the Com- the Iraq Security Forces Fund to be provided PUBLIC BILLS AND RESOLUTIONS mittee on the Judiciary. in the form of loans and to require the Gov- Under clause 2 of rule XIII, reports of By Mr. CUELLAR (for himself, Mr. ernment of Iraq to provide matching funds committees were delivered to the Clerk DENT, Mr. THOMPSON of Mississippi, under the Commanders’ Emergency Response Ms. JACKSON-LEE of Texas, Mr. ROG- for printing and reference to the proper Program to be used for agreed-upon purposes ERS of Alabama, Mr. PASCRELL, Mrs. which enable military commanders in Iraq calendar, as follows: CHRISTENSEN, and Mr. ETHERIDGE): to respond to urgent humanitarian relief and Mr. GORDON: Committee on Science and H.R. 5890. A bill to amend the Homeland reconstruction requirements; to the Com- Technology. H.R. 906. A bill to promote and Security Act of 2002 to establish the Commu- mittee on Armed Services, and in addition to coordinate global change research, and for nity Preparedness Division of the Depart- the Committee on Foreign Affairs, for a pe- other purposes; with an amendment (Rept. ment of Homeland Security and the Citizen riod to be subsequently determined by the 110–605 Pt. 1). Ordered to be printed. Corps Program, and for other purposes; to Speaker, in each case for consideration of Mr. RANGEL: Committee on Ways and the Committee on Transportation and Infra- such provisions as fall within the jurisdic- Means. H.R. 5720. A bill to amend the Inter- structure, and in addition to the Committee tion of the committee concerned. nal Revenue Code of 1986 to provide assist- on Homeland Security, for a period to be By Ms. GINNY BROWN-WAITE of Flor- ance for housing; with an amendment (Rept. subsequently determined by the Speaker, in ida: 110–606). Referred to the Committee of the each case for consideration of such provi- H.R. 5900. A bill to amend the Homeland Whole House on the State of the Union. sions as fall within the jurisdiction of the Security Act of 2002 to require, as a condi- Mr. RANGEL: Committee on Ways and committee concerned. tion of receipt of certain State homeland se- Means. H.R. 5749. A bill to provide for a pro- By Mr. BRADY of Texas: curity grants, that a State include a rep- gram for emergency unemployment com- H.R. 5891. A bill to adjust the boundary of resentative of the State department of edu- pensation; with an amendment (Rept. 110– Big Thicket National Preserve in Texas and 607). Referred to the Committee of the Whole cation in homeland security decisionmaking provide for three ecotourism projects within House on the State of the Union. bodies of the State; to the Committee on the preserve, and for other purposes; to the Homeland Security. DISCHARGE OF COMMITTEE Committee on Natural Resources. By Ms. CASTOR (for herself and Mrs. Pursuant to clause 2 of rule XII, the By Mr. HALL of New York: CHRISTENSEN): Committee on Foreign Affairs dis- H.R. 5892. A bill to amend title 38, United H.R. 5901. A bill to amend title XVIII of the charged from further consideration. States Code, to direct the Secretary of Vet- Social Security Act to eliminate contrib- H.R. 906 referred to the Committee of erans Affairs to modernize the disability uting factors to disparities in breast cancer the Whole House on the State of the benefits claims processing system of the De- treatment through the development of a uni- Union. partment of Veterans Affairs to ensure the form set of consensus-based breast cancer accurate and timely delivery of compensa- treatment performance measures for a 6-year f tion to veterans and their families and sur- quality reporting system and value-based PUBLIC BILLS AND RESOLUTIONS vivors, and for other purposes; to the Com- purchasing system under the Medicare Pro- mittee on Veterans’ Affairs. gram; to the Committee on Ways and Means, Under clause 2 of rule XII, public By Mr. BRADY of Pennsylvania: and in addition to the Committee on Energy bills and resolutions were introduced H.R. 5893. A bill to reauthorize the sound and Commerce, for a period to be subse- and severally referred, as follows: recording and film preservation programs of quently determined by the Speaker, in each By Mr. BURGESS: the Library of Congress, and for other pur- case for consideration of such provisions as H.R. 5885. A bill to promote a better health poses; to the Committee on House Adminis- fall within the jurisdiction of the committee information system; to the Committee on tration, and in addition to the Committee on concerned.

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00102 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.003 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 6985

By Ms. CLARKE: SOUDER, Ms. FALLIN, Mr. RENZI, and mental and otherwise, along with treatments H.R. 5902. A bill to enhance environmental Mr. HUNTER): and workforce strategies to support individ- justice education in middle and high schools H.R. 5910. A bill to amend title 18, United uals with sarcoidosis; to the Committee on that serve disadvantaged students; to the States Code, to prohibit human-animal hy- Education and Labor. Committee on Education and Labor. brids; to the Committee on the Judiciary. By Ms. JACKSON-LEE of Texas (for By Mr. CONAWAY (for himself, Mr. By Mr. FORTENBERRY (for himself herself and Mr. THOMPSON of Mis- BRADY of Texas, Mr. HINOJOSA, Mr. and Mr. DELAHUNT): sissippi): MARCHANT, Mr. SMITH of Texas, Mr. H. Con. Res. 332. Concurrent resolution rec- H. Res. 1150. A resolution expressing the CARTER, Mr. CULBERSON, Mr. HALL of ognizing the 60th anniversary of the Uni- sense of the House of Representatives that Texas, Ms. GRANGER, Mr. BURGESS, versal Declaration of Human Rights; to the the Transportation Security Administration Mr. GOHMERT, Mr. NEUGEBAUER, Mr. Committee on Foreign Affairs. should, in accordance with the congressional HENSARLING, Mr. TOM DAVIS of Vir- By Mr. HINCHEY (for himself and Mr. mandate provided for in the Implementing ginia, Mr. FORBES, Mr. SAM JOHNSON ROHRABACHER): Recommendations of the 9/11 Commission of Texas, Mr. BONNER, Mr. BARRETT H. Con. Res. 333. Concurrent resolution ex- Act of 2007, enhance security against ter- of South Carolina, Mr. THORNBERRY, pressing continued support for employee rorist attack and other security threats to Mr. HOEKSTRA, Mr. WESTMORELAND, stock ownership plans; to the Committee on our Nation’s rail and mass transit lines; to Mr. BARTON of Texas, Mrs. Education and Labor. the Committee on Homeland Security. MUSGRAVE, Mr. KLINE of Minnesota, By Mr. SHAYS (for himself, Mr. By Mr. DUNCAN (for himself, Mr. Mr. BOUSTANY, and Mr. MCCAUL of FALEOMAVAEGA, Mr. KUHL of New DAVID DAVIS of Tennessee, Mr. WAMP, Texas): York, Mr. DAVID DAVIS of Tennessee, Mr. LINCOLN DAVIS of Tennessee, Mr. H.R. 5903. A bill to redesignate the Federal Mrs. BLACKBURN, Mr. KELLER, Mr. COOPER, Mr. GORDON, Mrs. building and United States Courthouse lo- JONES of North Carolina, Mr. BLACKBURN, Mr. TANNER, and Mr. cated at 200 East Wall Street in Midland, FOSSELLA, Mr. MCCAUL of Texas, Mr. COHEN): Texas, as the ‘‘George H. W. Bush and George LATHAM, Mr. DAVIS of Kentucky, Mr. H. Res. 1151. A resolution congratulating W. Bush United States Courthouse and POE, Mr. HALL of Texas, Mr. MCKEON, the University of Tennessee women’s basket- George Mahon Federal Building’’; to the Mr. REICHERT, Mr. HOBSON, Mr. WOLF, ball team for winning the 2008 National Col- Committee on Transportation and Infra- Mr. MCCOTTER, and Mr. WESTMORE- legiate Athletic Association Division I Wom- structure. LAND): en’s Basketball Championship; to the Com- By Mr. COSTA (for himself, Mr. PUT- H. Con. Res. 334. Concurrent resolution mittee on Education and Labor. NAM, Mr. CARDOZA, Mr. NUNES, and supporting the goals and objectives of a Na- By Mr. FERGUSON (for himself and Mr. FARR): tional Military Appreciation Month; to the Mr. BACA): H.R. 5904. A bill to amend the Federal Committee on Oversight and Government H. Res. 1152. A resolution honoring Arnold Food, Drug, and Cosmetic Act to establish Reform. Palmer for his distinguished career in the new procedures and requirements to improve By Ms. WATSON (for herself, Ms. EDDIE sport of golf and his commitment to excel- the safety of food, whether produced and dis- BERNICE JOHNSON of Texas, and Ms. lence and sportsmanship; to the Committee tributed domestically or imported into the JACKSON-LEE of Texas): on Oversight and Government Reform. United States, by providing for improved in- H. Con. Res. 335. Concurrent resolution au- By Ms. HIRONO (for herself, Mr. formation technology to identify high-risk thorizing the use of the Capitol Grounds for HONDA, Mr. WU, Mr. ABERCROMBIE, imports and for enhanced capacity in the a celebration of the 100th anniversary of Mr. AL GREEN of Texas, Mr. SCOTT of United States and in foreign governments to Alpha Kappa Alpha Sorority, Incorporated; Virginia, Ms. BORDALLO, Mr. BECER- identify and address food safety issues on a to the Committee on Transportation and In- RA, Mr. FALEOMAVAEGA, Ms. MATSUI, scientific basis, and for other purposes; to frastructure. Ms. ZOE LOFGREN of California, Mr. the Committee on Energy and Commerce. By Mr. MCHUGH (for himself and Ms. GRIJALVA, Ms. ROYBAL-ALLARD, and By Mr. MARIO DIAZ-BALART of Flor- SLAUGHTER): Mr. STARK): ida (for himself, Mr. KIRK, Mr. LIN- H. Res. 1146. A resolution expressing the H. Res. 1153. A resolution celebrating Asian COLN DIAZ-BALART of Florida, Ms. sense of the House of Representatives that Pacific American Heritage Month; to the ROS-LEHTINEN, Mr. KELLER, Mr. TIM the International Joint Commission should Committee on Oversight and Government MURPHY of Pennsylvania, Mr. ALEX- adopt a water level management plan for Reform. ANDER, and Mr. DOOLITTLE): H.R. 5905. A bill to amend the Internal Rev- Lake Ontario and the St. Lawrence River By Ms. EDDIE BERNICE JOHNSON of enue Code of 1986 to provide individuals a de- that strongly takes into account environ- Texas (for herself, Ms. LINDA T. ´ duction for commuting expenses; to the mental considerations and the concerns of SANCHEZ of California, Mr. MICHAUD, Committee on Ways and Means. the public and the affected States and maxi- Ms. WOOLSEY, Mr. GUTIERREZ, Ms. By Mr. FOSSELLA (for himself, Mr. mizes hydropower production at existing fa- MCCOLLUM of Minnesota, Ms. SUTTON, cilities, and further urges the Secretary of Mr. ELLISON, Mr. ALLEN, Ms. NORTON, BOREN, and Mr. HERGER): H.R. 5906. A bill to amend the Internal Rev- State not to approve a plan that fails to do Mr. HARE, Mr. YOUNG of Alaska, Mr. enue Code of 1986 to allow the expensing of so; to the Committee on Transportation and AL GREEN of Texas, Mr. DAVIS of Illi- certain real property; to the Committee on Infrastructure, and in addition to the Com- nois, Mr. DOYLE, Mr. PAYNE, Mr. Ways and Means. mittee on Foreign Affairs, for a period to be SCOTT of Georgia, Ms. KILPATRICK, By Mr. GERLACH: subsequently determined by the Speaker, in Mr. JOHNSON of Georgia, Mr. MCGOV- H.R. 5907. A bill to provide a Federal in- each case for consideration of such provi- ERN, Mr. LANGEVIN, and Ms. LEE): come tax credit for Eagle employers, and for sions as fall within the jurisdiction of the H. Res. 1154. A resolution supporting the other purposes; to the Committee on Ways committee concerned. mission and goals of Workers Memorial Day and Means. By Mr. DAVIS of Kentucky (for him- in order to honor and remember the workers By Mr. HERGER (for himself, Mr. self, Mr. LEWIS of Kentucky, Mr. who have been killed or injured in the work- DREIER, Mr. SAM JOHNSON of Texas, WHITFIELD of Kentucky, Mr. ROGERS place; to the Committee on Education and Mr. BRADY of Texas, Mr. CANTOR, Mr. of Kentucky, Mr. CHANDLER, and Mr. Labor. LINDER, Mr. CAMPBELL of California, YARMUTH): f and Mr. CONAWAY): H. Res. 1147. A resolution congratulating H.R. 5908. A bill to amend the Internal Rev- the Northern Kentucky University Norse ADDITIONAL SPONSORS enue Code of 1986 to provide a permanent women’s basketball team, champions of the Under clause 7 of rule XII, sponsors 2008 National Collegiate Athletic Association zero percent capital gains rate for individ- were added to public bills and resolu- uals and corporations; to the Committee on Division II tournament; to the Committee on Ways and Means. Education and Labor. tions as follows: By Mrs. LOWEY: By Mr. DAVIS of Alabama: H.R. 39: Ms. TSONGAS. H.R. 5909. A bill to amend the Aviation and H. Res. 1148. A resolution providing addi- H.R. 45: Mr. CARSON. Transportation Security Act to prohibit ad- tional amounts for the expenses of the select H.R. 223: Mr. SOUDER. vance notice to certain individuals, includ- committee established under House Resolu- H.R. 406: Mr. BARTLETT of Maryland, Mr. ing security screeners, of covert testing of tion 611; considered and agreed to. BOEHNER, Mr. CANTOR, Mr. CHABOT, Mr. DEAL security screening procedures for the pur- By Mr. DAVIS of Illinois: of Georgia, Mr. FORBES, Mr. JORDAN, Mr. pose of enhancing transportation security at H. Res. 1149. A resolution expressing sup- PITTS, Mr. WELDON of Florida, Mr. CAMP of airports, and for other purposes; to the Com- port for the designation of April 2008 as Na- Michigan, Mr. CASTLE, Mr. CULBERSON, Mr. mittee on Homeland Security. tional Sarcoidosis Awareness Month, and GRAVES, Mr. KNOLLENBERG, Mr. LAMBORN, By Mr. SMITH of New Jersey (for him- supporting efforts to devote new resources to Mr. PENCE, Mr. ROGERS of Michigan, and Mr. self, Mr. LAMBORN, Mr. PITTS, Mr. research the causes of the disease, environ- WHITFIELD of Kentucky.

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00103 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.003 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6986 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 April 24, 2008

H.R. 436: Mr. MACK and Ms. ZOE LOFGREN of H.R. 2965: Ms. RICHARDSON, Mr. WAXMAN, H.R. 5573: Mr. SCOTT of Virginia, Mr. California. Mr. RODRIGUEZ, and Ms. HIRONO. GRIJALVA, and Mr. UPTON. H.R. 549: Mr. WITTMAN of Virginia. H.R. 3001: Mr. CARSON. H.R. 5580: Ms. LEE. H.R. 643: Mr. GOODLATTE and Mr. H.R. 3024: Mr. RYAN of Ohio. H.R. 5592: Mr. FILNER. COURTNEY. H.R. 3054: Mr. POMEROY. H.R. 5656: Mr. SMITH of Texas. H.R. 676: Mr. CLYBURN. H.R. 3212: Mr. HIGGINS. H.R. 5663: Mr. PASTOR. H.R. 695: Mr. CARSON and Mr. AL GREEN of H.R. 3267: Mrs. EMERSON, Mr. JEFFERSON, H.R. 5664: Mr. PASTOR. Texas. Mr. DAVIS of Illinois, Mr. MCGOVERN, and Mr. H.R. 5669: Mr. LINCOLN DIAZ-BALART of H.R. 726: Mr. CARSON. GRIJALVA. Florida, Ms. CORRINE BROWN of Florida, Mr. H.R. 861: Mr. ROSS, Mr. SHULER, and Mr. H.R. 3273: Mr. CROWLEY and Mr. HONDA. CUMMINGS, Mr. REGULA, and Mr. HELLER. H.R. 3326: Mr. DELAHUNT, Mr. CARSON, and FORTENBERRY. H.R. 1000: Mr. GUTIERREZ, Mr. PETERSON of Mr. PAYNE. H.R. 5673: Mr. NUNES, Mr. FORTUN˜ O, Mr. Minnesota, Mr. BERMAN, Mr. BERRY, Mr. H.R. 3334: Mr. ROSS. TERRY, Mrs. BLACKBURN, and Mr. PEARCE. BOREN, Mr. BOYD of Florida, Mr. CARSON, Mr. H.R. 3362: Mrs. MYRICK. H.R. 5684: Mr. YOUNG of Alaska, Mr. PAYNE, ETHERIDGE, Mr. INSLEE, Mr. LARSEN of Wash- H.R. 3363: Mr. ALTMIRE. and Mr. MCGOVERN. ington, Mr. LARSON of Connecticut, Ms. ZOE H.R. 3377: Mr. FERGUSON. H.R. 5731: Mr. MCCARTHY of California. LOFGREN of California, Mr. MATHESON, Ms. H.R. 3430: Mr. CARSON. H.R. 5740: Mr. LIPINSKI, Mr. REHBERG, Mr. WASSERMAN SCHULTZ, and Ms. SCHAKOWSKY. H.R. 3453: Mrs. EMERSON. CONYERS, Mr. MEEKs of New York, Mr. H.R. 1029: Mr. COURTNEY and Mrs. H.R. 3457: Mr. GOODLATTE. HASTINGS of Florida, Mr. SHIMKUS, and Ms. BACHMANN. H.R. 3533: Mr. CARSON. SCHWARTZ. H.R. 1134: Mr. GENE GREEN of Texas, Ms. H.R. 3543: Ms. LEE, Mr. JEFFERSON, Mr. AN- H.R. 5748: Mrs. EMERSON. EDDIE BERNICE JOHNSON of Texas, Mr. PAS- DREWS, and Mr. GENE GREEN of Texas. H.R. 5766: Mr. CARSON of Indiana, Ms. TOR, Mr. MARKEY, Ms. SHEA-PORTER, and Mr. H.R. 3618: Mr. CARSON. WASSERMAN SCHULTZ, and Mr. GUTIERREZ. SALAZAR. H.R. 3689: Mr. CARSON. H.R. 5767: Mr. GUTIERREZ, Mr. KING of New H.R. 1232: Mr. OLVER. H.R. 3769: Mr. BOREN. York, Mr. WEXLER, Mr. CLAY, Mr. ACKERMAN, H.R. 1282: Mr. ELLISON. H.R. 3817: Mr. JOHNSON of Illinois. Ms. BERKLEY, Mr. HONDA, Mr. MCGOVERN, H.R. 1293: Mr. TIAHRT. H.R. 3820: Mr. DAVIS of Kentucky. Mr. MORAN of Virginia, and Mr. FILNER. H.R. 1295: Mrs. MYRICK. H.R. 3874: Mr. GOODLATTE. H.R. 5785: Mr. BRALEY of Iowa. H.R. 1303: Mr. HODES. H.R. 3995: Mr. FILNER. H.R. 5788: Mrs. MYRICK, Mr. BLUMENAUER, H.R. 1359: Mr. TIAHRT. H.R. 4044: Mr. HINCHEY. Mr. BAIRD, Mr. UDALL of Colorado, Mr. H.R. 1419: Mr. KIRK, Mr. CARSON, and Mr. H.R. 4054: Mr. CARSON. WAMP, and Ms. DEGETTE. PICKERING. H.R. 4059: Mr. CARNAHAN. H.R. 5793: Mr. MCCOTTER, Mrs. BONO MACK, H.R. 1422: Mr. SHULER. H.R. 4141: Mr. DAVID DAVIS of Tennessee. and Mr. HONDA. H.R. 1474: Mr. SESSIONS. H.R. 4218: Mr. MEEKS of New York. H.R. 5794: Mr. SALI. H.R. 1552: Mrs. EMERSON, Mr. SALAZAR, Mr. H.R. 4236: Ms. EDDIE BERNICE JOHNSON of H.R. 5798: Mr. FOSTER and Mr. BRALEY of BROWN of South Carolina, Mr. WILSON of Texas, Mr. PETERSON of Minnesota, Iowa. South Carolina, and Mrs. NAPOLITANO. Ms. SUTTON, and Ms. GIFFORDS. H.R. 5804: Mr. BLUMENAUER and Mr. H.R. 1553: Ms. BEAN. H.R. 4318: Ms. PRYCE of Ohio. CARNAHAN. H.R. 1576: Mrs. BACHMANN and Mr. TIBERI. H.R. 4544: Ms. NORTON, Mr. BARRETT of H.R. 5806: Ms. LEE. H.R. 1584: Mr. CARSON. South Carolina, and Mr. PASCRELL. H.R. 5816: Mr. ROGERS of Kentucky, Mr. H.R. 1610: MR. HELLER, MRS. JONES OF OHIO, H.R. 4651: Mr. COHEN. ROGERS of Michigan, Mrs. SCHMIDT, Mr. MR. CARSON, MS. LORETTA SANCHEZ OF H.R. 4900: Mr. MICA and Mr. DAVIS of Ala- HAYES, Mr. FOSSELLA, Mr. WALSH of New CALIFORNIA, MR. ANDREWS, AND MS. KIL- bama. York, Mr. CARTER, Mr. COLE of Oklahoma, PATRICK. H.R. 4959: Mr. HODES. Ms. GRANGER, and Mr. WELDON of Florida. H.R. 1619: Mr. LINDER. H.R. 5057: Mr. PAYNE and Ms. SPEIER. H.R. 5818: Mr. MORAN of Virginia and Mr. H.R. 1621: Mr. GONZALEZ. H.R. 5058: Mrs. MALONEY of New York and HIGGINS. H.R. 1629: Mr. ALEXANDER and Mr. HERGER. Mr. OLVER. H.R. 5825: Mr. WALDEN of Oregon, Mr. H.R. 1647: Mr. LARSEN of Washington, Mr. H.R. 5131: Mr. WITTMAN of Virginia. BACHUS, Mr. JORDAN, Mr. CULBERSON, Mr. MELANCON, and Mr. THOMPSON of California. H.R. 5155: Mr. WALZ of Minnesota. GILCHREST, Mr. SHADEGG, Ms. GRANGER, and H.R. 1655: Mr. WITTMAN of Virginia, Mr. H.R. 5173: Mr. CARSON. Mr. KING of Iowa. UPTON, Ms. KILPATRICK, and Mr. REGULA. H.R. 5180: Mr. CHABOT. H.R. 5826: Mr. JOHNSON of Georgia. H.R. 1738: Mr. GRIJALVA. H.R. 5265: Ms. BALDWIN and Mr. TOWNS. H.R. 5830: Mr. HINOJOSA and Mr. LANGEVIN. H.R. 1781: Mr. RUSH. H.R. 5268: Mr. MILLER of North Carolina. H.R. 5838: Mr. AL GREEN of Texas. H.R. 1813: Mr. CARSON. H.R. 5401: Mr. INSLEE. H.R. 5839: Mr. FERGUSON and Mr. BILBRAY. H.R. 1818: Mr. CARSON. H.R. 5404: Ms. WOOLSEY. H.R. 5843: Mr. CLAY. H.R. 1820: Mr. HIGGINS and Mr. VAN H.R. 5440: Ms. GRANGER. H.R. 5845: Mr. GRIJALVA. HOLLEN. H.R. 5443: Mr. BOREN. H.R. 5846: Mr. HONDA. H.R. 1843: Mr. WOLF. H.R. 5445: Mrs. MUSGRAVE and Mr. TERRY. H.R. 5854: Mr. FORTUN˜ O. H.R. 2050: Mrs. BLACKBURN. H.R. 5448: Mr. MCGOVERN, Mr. ELLISON, and H.R. 5857: Mr. BARRETT of South Carolina H.R. 2054: Mr. BOREN and Ms. FOXX. Mr. PETERSON of Minnesota. and Mr. CONAWAY. H.R. 2091: Mr. TERRY and Mr. WALBERG. H.R. 5450: Mr. GOODLATTE. H.R. 5869: Mr. BRADY of Pennsylvania, Mr. H.R. 2092: Mr. GRIJALVA, Mr. VISCLOSKY, H.R. 5467: Mr. MAHONEY of Florida, Mr. CUELLAR, and Mr. PASTOR. and Ms. CORRINE BROWN of Florida. WELCH of Vermont, Mr. HILL, Mr. ALTMIRE, H.R. 5875: Mr. ALLEN. H.R. 2137: Mr. CARSON. and Mr. ELLSWORTH. H.R. 5882: Mr. TOM DAVIS of Virginia. H.R. 2138: Mr. CARSON and Mr. ROTHMAN. H.R. 5473: Mr. DONNELLY, Mr. RYAN of Ohio, H. J. Res. 12: Mr. WAMP. H.R. 2205: Mr. DUNCAN. Mr. TOWNS, Mr. MORAN of Virginia, Mr. H. Con. Res. 2: Mr. PAYNE and Ms. JACK- H.R. 2210: Mr. CUMMINGS. DOYLE, Ms. SUTTON, Mr. HONDA, Mr. SON-LEE of Texas. H.R. 2231: Mr. ROGERS of Kentucky, Mrs. LANGEVIN, Mr. INSLEE, Mr. FATTAH, Ms. H. Con. Res. 70: Ms. MCCOLLUM of Min- MCCARTHY of New York, and Ms. SHEA-POR- DELAURO, Mr. LARSON of Connecticut, Mr. nesota and Mr. KIRK. TER. STUPAK, Ms. LINDA T. SA´ NCHEZ of California, H. Con. Res. 134: Ms. MCCOLLUM of Min- H.R. 2267: Mr. BILIRAKIS. Mr. BARTLETT of Maryland, Mr. ALLEN, Mr. nesota, Mr. CUMMINGS, and Mr. BRADY of H.R. 2332: Mr. SHAYS. LEWIS of Georgia, Mr. KIND, and Mr. REYES. Pennsylvania. H.R. 2370: Mr. YOUNG of Florida. H.R. 5481: Mr. ALTMIRE and Mr. MILLER of H. Con. Res. 244: Mr. PITTS, Ms. SHEA-POR- H.R. 2380: Mr. DUNCAN. Florida. TER, and Mr. MCCAUL of Texas. H.R. 2477: Mr. SARBANES. H.R. 5524: Mr. CLAY, Mr. LOEBSACK, and Mr. H. Con. Res. 295: Mr. HUNTER, Mr. SAXTON, H.R. 2593: Mr. BRADY of Pennsylvania, Mr. PAYNE. Mr. HAYES, Mr. LOBIONDO, Mr. WELDON of CONYERS, Ms. LEE, and Ms. ROYBAL-ALLARD. H.R. 5534: Mr. GEORGE MILLER of California Florida, Ms. TSONGAS, Mr. GINGREY, Mr. H.R. 2611: Mr. CLEAVER. and Ms. CLARKE. FRANKs of Arizona, Mr. SHUSTER, Mr. H.R. 2677: Mr. WELDON of Florida. H.R. 5536: Mr. MORAN of Virginia and Mrs. WALBERG, Mrs. BACHMANN, Mr. HELLER, Mr. H.R. 2713: Mr. BISHOP of Georgia. CAPPS. ROGERS of Michigan, and Mr. ROHRABACHER. H.R. 2762: Mr. CAMP of Michigan. H.R. 5541: Mr. SCHIFF and Mr. PRICE of H. Con. Res. 305: Mr. PRICE of North Caro- H.R. 2860: Mr. MARSHALL. North Carolina. lina. H.R. 2914: Mr. PUTNAM and Mr. GRIJALVA. H.R. 5548: Ms. CLARKE. H. Con. Res. 317: Mr. SHERMAN. H.R. 2922: Mr. RAHALL. H.R. 5554: Mr. HINCHEY. H. Con. Res. 324: Mr. HARE.

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00104 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.003 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 6987

H. Con. Res. 328: Mr. HARE, Mr. LEWIS of CARTER, Mr. NEUGEBAUER, Mr. DELAHUNT, Trail and Visitor Center Foundation, Inc. (a Georgia, Mr. SERRANO, and Mr. HINCHEY. Mr. UDALL of Colorado, Ms. ZOE LOFGREN of 501(c)(3) not-for-profit organization). H. Con. Res. 331: Ms. ZOE LOFGREN of Cali- California, Mr. JONES of North Carolina, Mr. Address of Requesting Entity: 100 Valmont fornia and Ms. BERKLEY. WILSON of South Carolina, Mr. ROHR- Drive, Nebraska City, Nebraska 68410. H. Res. 111: Mr. BRALEY of Iowa. ABACHER, Mr. KINGSTON, Ms. FALLIN, Mr. Description of Request: The request is very H. Res. 232: Mr. WALBERG. WAXMAN, Mr. MANZULLO, Mrs. MUSGRAVE, straightforward. It would simply convey cer- H. Res. 389: Ms. ROS-LEHTINEN, Mr. SCHIFF, Mr. ISSA, Mr. PRICE of Georgia, Mr. tain federal land near Nebraska City associ- Mr. MURPHY of Connecticut, Mr. BOOZMAN, WHITFIELD of Kentucky, Mr. WALZ of Min- ated with the Missouri River Basin Lewis Mr. MCDERMOTT, Mr. BLUMENAUER, Mr. nesota, Mr. GILCHREST, Mr. SCHIFF, Mr. and Clark Interpretive Trail and Visitor Cen- HINOJOSA, Ms. JACKSON-LEE of Texas, Mr. SKELTON, and Mr. MELANCON. ter to the related non-profit group. The bill WEXLER, Mr. SNYDER, Mr. BERMAN, and Ms. H. Res. 1122: Mr. YOUNG of Florida, Mr. also authorizes $150,000 annually for ten EDDIE BERNICE JOHNSON of Texas. FEENEY, Mr. TANCREDO, Mr. YOUNG of Alas- years to operate the facility. This legislation H. Res. 610: Mr. SOUDER. ka, Mr. BROUN of Georgia, Mr. JONES of would actually save the federal government H. Res. 620: Mr. MCNULTY. North Carolina, Mr. BRADY of Texas, Mr. about $50,000 a year since the National Park H. Res. 679: Mr. MCGOVERN. FOSSELLA, Mr. JOHNSON of Illinois, Mr. Service currently provides about $200,000 for H. Res. 834: Mr. TAYLOR. CARTER, Mr. SAXTON, Mr. DAVIS of Kentucky, the center. H. Res. 937: Mr. MEEKs of New York. Mr. LINCOLN DIAZ-BALART of Florida, Mrs. OFFERED BY MR. PETER T. KING OF NEW YORK H. Res. 985: Mr. MICHAUD. CUBIN, Mrs. BIGGERT, Mr. GOODLATTE, Mr. H. Res. 1011: Mr. SMITH of Washington. LEWIS of California, Mr. WAMP, Mr. GARRETT Bill Number: H.R. 2830. H. Res. 1022: Mr. MCDERMOTT. of New Jersey, Mrs. MILLER of Michigan, Mr. Excess Coast Guard Property. H. Res. 1026: Mr. MURTHA and Mr. GOODE, Mr. GILCHREST, Mrs. DRAKE, Mr. Legal Name of Requesting Entity: Nassau CONAWAY. BARTLETT of Maryland, Mr. ABERCROMBIE, County Police Department. H. Res. 1073: Mr. BERMAN, Ms. CLARKE, and Mr. GUTIERREZ, Mr. BILIRAKIS, Mr. JORDAN, Address of Requesting Entity: 1490 Frank- Mr. MILLER of North Carolina. Mr. SMITH of Nebraska, Mr. LATTA, Mr. lin Avenue, Mineola, New York 11501. H. Res. 1078: Mr. KUCINICH. WITTMAN of Virginia, Mr. SAM JOHNSON of Description of Request: Section 429 of the H. Res. 1079: Mr. CAPUANO, Mr. WALDEN of Texas, Mr. GERLACH, Mr. MCKEON, Mr. BAR- Coast Guard Authorization Act of 2008 being Oregon, Mr. HARE, and Mr. CAMPBELL of Cali- TON of Texas, Mr. PETERSON of Pennsylvania, considered on the House floor today author- fornia. Mr. MACK, Mr. KELLER, Mr. PUTNAM, Mr. izes the conveyance of two excess 41-foot H. Res. 1080: Mr. MCCOTTER. WELDON of Florida, Mr. MCCAUL of Texas, utility boats to the Nassau County Police H. Res. 1087: Mr. GRIJALVA. Mr. CALVERT, Mr. THORNBERRY, Mr. Department’s Marine Bureau. H. Res. 1104: Mr. FILNER. NEUGEBAUER, Mr. ROHRABACHER, Mr. BURTON NCPD is currently using a pair of 1984 Ber- H. Res. 1106: Mr. SHAYS, Mr. WALSH of New of Indiana, Mr. LOBIONDO, Mr. PITTS, Mr. trams on the north shore to provide marine York, Mrs. CAPITO, Ms. BERKLEY, Mr. TAN- PENCE, Mr. WESTMORELAND, Mr. MILLER of patrols in Long Island Sound. These boats, NER, Mr. SHUSTER, Mr. DENT, Ms. PRYCE of Florida, Mr. FORBES, Mr. GALLEGLY, Mr. approximately 33 feet in length, are commer- Ohio, Mrs. BIGGERT, Mr. BURTON of Indiana, HALL of Texas, Mr. REICHERT, Mr. SMITH of cially available recreational boats. Mr. RAMSTAD, Mr. REYNOLDS, Mr. KUHL of New Jersey, Mr. HOBSON, Mr. MCCOTTER, Mr. The Coast Guard Authorization Act of 2008 New York, Mr. KLINE of Minnesota, Mr. BAR- MORAN of Kansas, Mr. SULLIVAN, Mr. SOUDER, allows for the Coast Guard to transfer two of TON of Texas, Mr. HUNTER, Mrs. MYRICK, Ms. Mr. BILBRAY, Mr. HOEKSTRA, Mr. its excess 41-foot utility boats to the Nassau FOXX, Mr. BOOZMAN, Mr. THORNBERRY, Ms. HENSARLING, Mr. LUCAS, Mr. BOUSTANY, Mr. County Police Department once decommis- GRANGER, Mr. DAVID DAVIS of Tennessee, Mr. FORTENBERRY, Mr. ADERHOLT, Mr. HERGER, sioned by the Coast Guard. The boats still ROGERS of Michigan, Mr. WAMP, Mr. BERMAN, Mr. COLE of Oklahoma, Mr. HAYES, Mr. have many years of serviceable life, but are Mr. HASTINGS of Washington, Mr. WESTMORE- GOHMERT, Mr. KLINE of Minnesota, Mr. MAN- being replaced throughout the Coast Guard LAND, Mr. HOEKSTRA, Mr. DAVIS of Kentucky, ZULLO, Mr. MARCHANT, Mr. CONAWAY, Mr. over the course of the next 6 years with the Mr. PASCRELL, Mr. DICKS, Mr. MILLER of ROSKAM, Mr. STEARNS, Mr. RENZI, Mr. DAN- 45-foot Response Boat-Medium, built by Florida, Mr. WALDEN of Oregon, Mr. BART- IEL E. LUNGREN of California, Mr. WOLF, Mr. Marinette Marine Corp. LETT of Maryland, Mr. TERRY, Mr. WU, Mr. MCCRERY, Mr. HASTINGS of Washington, Mr. The 41-foot utility boat has been the work- WILSON of South Carolina, Mr. PEARCE, Mr. POE, Mr. CRENSHAW, Mr. BACHUS, Mr. CAMP horse of the Coast Guard’s small boat fleet BISHOP of Utah, Mr. LEVIN, Mr. HERGER, Mr. of Michigan, Mr. CARDOZA, Mr. COBLE, Mr. for three decades. The boats have a greater MCNULTY, Mr. CONAWAY, Mr. WALZ of Min- LINCOLN DAVIS of Tennessee, Mr. LAMPSON, endurance with a fuel capacity of 370 gallons, nesota, Mr. KENNEDY, Mr. REHBERG, Mr. and Mr. HUNTER. are more durable with their aluminum hull, DEFAZIO, Mrs. BLACKBURN, Mr. LOBIONDO, H. Res. 1123: Mr. TANCREDO. and can tow 100 tons, making them the ideal Mr. MCCAUL of Texas, Mr. FORTENBERRY, Mr. H. Res. 1130: Mr. LATHAM and Ms. asset to assist mariners in distress. LIPINSKI, and Ms. TSONGAS. SCHAKOWSKY. OFFERED BY MR. DARRELL E. ISSA H. Res. 1109: Mr. INGLIS of South Carolina. H. Res. 1131: Mr. HONDA. H. Res. 1110: Ms. GRANGER. H. Res. 1132: Mr. TIAHRT, Ms. BORDALLO, Bill Number: S. 2739 (H.R. 30). H. Res. 1111: Mr. ALLEN, Mr. PETERSON of Mr. JOHNSON of Illinois, Mr. MCHUGH, Mr. The Eastern Municipal Water District Re- Minnesota, Mr. MAHONEY of Florida, Ms. HOLDEN, Mr. GALLEGLY, Mr. BURTON of Indi- cycled Water System Pressurization and Ex- SHEA-PORTER, Mr. FOSTER, Mr. CARSON, Ms. ana, Mr. SHAYS, Mrs. BLACKBURN, Mr. pansion Project will encourage and expand TSONGAS, and Ms. BEAN. DELAHUNT, Mr. FRANKs of Arizona, Mr. SES- opportunities for recycled water use H. Res. 1113: Mr. WALSH of New York, Mr. SIONS, Mr. ISSA, Mr. LOBIONDO, Mr. GRAVES, throughout Riverside County and southern ROGERS of Kentucky, Mr. MCCARTHY of Cali- Mr. WYNN, Mr. LATHAM, Mrs. BONO MACK, California. Riverside County is one of the fornia, Mr. SMITH of Nebraska, Mr. COBLE, and Mr. DAVID DAVIS of Tennessee. fastest growing regions of the United States. Mr. LINCOLN DIAZ-BALART of Florida, Mr. H. Res. 1134: Mr. ALTMIRE, Mrs. CAPPS, Mr. Rapid population growth has forced regional WALBERG, Mr. DAVID DAVIS of Tennessee, CONYERS, Mr. ORTIZ, and Mrs. JONES of Ohio. municipal water districts to seek out alter- Mrs. DRAKE, Mr. BARRETT of South Carolina, H. Res. 1137: Mr. REICHERT, Mr. HAYES, Mr. native sources to meet demand. Mr. POE, Mr. THORNBERRY, Mr. MARCHANT, SHUSTER, Mr. PETRI, and Mrs. DRAKE. This project is a good use of taxpayer Mr. HALL of Texas, Mr. CARTER, Mr. H. Res. 1140: Ms. WATERS and Mr. money because Eastern Municipal Water NEUGEBAUER, Mr. DELAHUNT, Mr. UDALL of FOSSELLA. District’s existing distribution system does Colorado, Ms. ZOE LOFGREN of California, Mr. f not provide a ‘‘level of service’’ (pressure, JONES of North Carolina, Mr. WILSON of flow control, peak pumping capacity) suffi- CONGRESSIONAL EARMARKS, LIM- South Carolina, Mr. ROHRABACHER, Mr. KING- cient to meet the growing needs of its mu- STON, Ms. FALLIN, Mr. MANZULLO, Mrs. ITED TAX BENEFITS, OR LIM- nicipal irrigation customers. In order to MUSGRAVE, Mr. ISSA, Mr. PRICE of Georgia, ITED TARIFF BENEFITS meet the increased regional demand, Eastern Mr. WHITFIELD of Kentucky, Mr. WALZ of Under clause 9 of rule XXI, lists or must construct the necessary infrastructure Minnesota, Mr. GILCHREST, Mr. SCHIFF, Mr. statements on congressional earmarks, needed to improve and expand the operating characteristics of an existing recycled water SKELTON, and Mr. MELANCON. limited tax benefits, or limited tariff H. Res. 1114: Mr. WALSH of New York, Mr. distribution system. This expanded system MCCARTHY of California, Mr. ROGERS of Ken- benefits were submitted as follows: will be of great benefit to residents through- tucky, Mr. SMITH of Nebraska, Mr. COBLE, OFFERED BY MR. JEFF FORTENBERRY out the region. Mr. LINCOLN DIAZ-BALART of Florida, Mr. Bill Number: S. 2739. The total cost of the project is $49,451,500 WALBERG, Mrs. DRAKE, Mr. BARRETT of South Account: National Park Service. with a Federal authorization of $12 million Carolina, Mr. POE, Mr. MARCHANT, Mr. Legal Name of Requesting Entity: Missouri Below is a breakdown of the estimated THORNBERRY, Mr. HALL of Texas, Mr. River Basin Lewis and Clark Interpretive costs of the project:

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00105 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.003 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6988 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 April 24, 2008 PROJECT COST ESTIMATE

Quantity Unit $/Unit* Cost

San Jacinto Wildlife Area Recycled Water Storage Project: Property Acquisition/Easements ...... $300,000 Pond excavation and clay liner (200 acres) ...... 200 ACRES 32,265 6,453,000 Pond pump station (7,000 gpm) ...... 1 PS 1,500,000 1,500,000 36 in. diameter pipeline from water storage pond/pump station to 36 in. diameter transmission main ...... 1500 LF 396 594,000 Subtotal ...... 8,847,000 Menifee East Tank: Property Acquisition/Easements (5 acres) ...... 5 ACRES 109,000 545,000 Tank (5 MG) ...... 5 MG 1,500,000 7,500,000 24 in. diameter pipeline from tank to Leon Rd...... 3000 LF 228 684,000 Subtotal ...... 8,729,000 East Diamond Valley Tank: Property Acquisition/Easements (4.5 acres) ...... 4.5 ACRES 109,000 490,000 Tank (4 MG) ...... 4 MG 1,500,000 6,000,000 24 in. diameter pipeline from Tank to State St/Domenigoni Pkwy ...... 4000 LF 228 912,000 Subtotal ...... 7,402,000 Lakeview Tank: Property Acquisition/Easements (5 acres) ...... 5 ACRES 109,000 545,000 Tank (6 MG) ...... 6 MG 1,500,000 9,000,000 24 in. diameter pipeline from tank to 36 in. transmission main in Ramona Expwy ...... 1000 LF 228 2,280,000 Subtotal ...... 11,825,000 Hemet Citrus In Lieu: 24 in. diameter pipeline from SJVRWRF to Alessandro Ponds ...... 19000 LF 228 4,332,000 24 in. diameter pipeline from Alessandro Ponds to Corwin Booster ...... 20000 LF 228 4,560,000 Alessandro Booster/Pond Pump Station (7,000 gpm) ...... 1 PS 2,000,000 2,000,000 Subtotal ...... 10,892,000 Pond Pump Stations: Sun City Ponds pump station (3,000 gpm) ...... 1 PS 750,000 750,000 18 in. diameter pipeline from pump station to 54 in. diameter transmission main ...... 1000 LF 171 171,000 MWD Ponds pump station (3,000 gpm) ...... 1 PS 750,000 750,000 18 in. pipeline from pump station to 24 in. diameter transmission main ...... 500 LF 171 85,500 Subotal ...... 1,756,500

Total ...... 49,451,500 *Facility unit costs include planning, environmental, design and construction.

Again, this project is a good and prudent from the government of the United States of Provision: Title IV Sec. 402. use of taxpayer funds that will provide ex- America and establishing a non-profit mu- Legal Name of Requesting Entity: panded water access and resources for the seum in Alaska that will maintain the Storis Stabbert Maritime. residents of Riverside County and Southern in Alaska when the vessel is declared sur- Address of Requesting Entity: 2629 NW 54th California. plus. It is the intent of the Storis Museum to Street, W–201, Seattle, WA, 98107. OFFERED BY MR. DON YOUNG OF ALASKA make the USCG Cutter Storis available to the Description of Request: This provision public as a museum and to work coop- Bill Number: H.R. 2830. would restore the coastwise privileges to the eratively with other museums to provide Provision: Title IV Sec. 407. U.S.-build research ship, the Ocean Veritas, Legal Name of Requesting Entity: USCG education and memorialize the maritime that was sold foreign in 1997 but now is in CUTTER STORIS MUSEUM & MARITIME heritage of the Storis and other maritime ac- the process of being reflagged to the U.S. EDUCATION CENTER, LLC. tivities in Alaska, the Pacific Northwest, the flag. The ship was built in 1974 by Halter Ma- Address of Requesting Entity: 229 4th Arctic Ocean and adjacent oceans and seas rine Fabricators, Gulfport, MS, which is also Street, Juneau, Alaska 99801. and such other lawful affairs allowed in Alas- its homeport. However, unless this provision Description of Request: The Storis Mu- ka. is enacted the vessel would be without coast- seum is organized and established for the OFFERED BY MR. DON YOUNG OF ALASKA wise privileges as a result of that prior sale purpose of obtaining the USCG Cutter Storis Bill Number: H.R. 2830. to a foreign owner.

VerDate Mar 15 2010 15:36 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00106 Fmt 0688 Sfmt 0634 E:\BR08\H24AP8.003 H24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 EXTENSIONS OF REMARKS, Vol. 154, Pt. 5 6989 EXTENSIONS OF REMARKS

HONORING ED MOODY great majority of those would . . . either die of From these ashes arose hope and promise thirst and starvation, or be murdered by the in 1991—and I was blessed to see it. I was HON. MARSHA BLACKBURN wild Mohammedan desert tribes.’’ one of the four international observers from OF TENNESSEE I recall Morgenthau’s words here because the United States Congress to monitor Arme- IN THE HOUSE OF REPRESENTATIVES he saw first hand the atrocities wrought on the nia’s independence referendum. I went to the Armenians, and he had been told by Turks communities in the northern part of Armenia, Thursday, April 24, 2008 that they understood quite well that they had and I watched in awe as 95 percent of the Mrs. BLACKBURN. Madam Speaker, this handed down a death sentence to the Arme- people over the age of 18 went out and voted. Thursday evening in Franklin, Tennessee, our nian people. The Turks not only knew of what The Armenian people had been denied free- community will gather to honor an extraor- they were doing, but spoke quite freely of it. dom for so many years and, clearly, they were dinary American. I ask my colleagues to join Eighty years later, however, many are still un- very excited about this new opportunity. Al- me in congratulating Ed Moody as he receives willing to recognize the killing for what it was: most no one stayed home. They were all out the Community Service Award from genocide. in the streets going to the polling places. I Williamson Christian College. The U.S. has long been a global leader in watched in amazement as people stood in line Ed Moody was born and raised in Kingston promoting human rights around the world. On for hours to get into these small polling places Springs, Tennessee. After serving in the Pa- the issue of the Armenian genocide, however, and vote. cific Theater in World War II, he joined his we lag behind. The French, Swiss, Swedish, Then, after they voted, the other interesting brother in a tire re-treading business on Main Germans, and even the Russian governments thing was that they did not go home. They had Street in Franklin. That business would even- recognize the Armenian genocide properly. As brought covered dishes with them, and all of tually relocate to Columbia Avenue and be- a global leader in human rights, it is impera- these polling places had little banquets after- come an institution in our community, Moody’s tive for the U.S. to stand on principle and rec- ward to celebrate what had just happened. Tire & Auto Service. ognize the annihilation of the Armenians. What a great thrill it was to join them the Not content with running a business and However, it is no less important today to next day in the streets of Yerevan when they raising a family, Ed embraced Rotary Inter- recognize the Armenian genocide for what it were celebrating their great victory. Ninety- national and its motto of ‘‘service above self.’’ is. The deafening silence that came in its eight percent of the people who voted cast In his 56 years of membership, Ed Moody has wake set the stage for a century that saw their ballots in favor of independence. It was been a living example of Rotary’s principles of genocides occur in Europe, Africa, and Asia. a wonderful experience to be there with them encouraging service, promoting ethical con- While the Armenian genocide was the first of when they danced and sang and shouted, duct, applying the ideal of service in personal, the 20th century, the blind eye cast to the ‘Ketse azat ankakh Hayastan’—long live free business, and community life, and advancing slaughter of Armenians was a point used by and independent Armenia! That should be the understanding, goodwill and peace. Hitler who asked his joint chiefs of staff, ‘‘Who cry of freedom-loving people everywhere. Madam Speaker, I ask my colleagues to join . . . speaks today of the [their] annihilation?’’ f me in celebrating the life of Ed Moody and To the critics who say that we should not congratulating him and his family on this occa- dwell on history, I say it’s much harder to get CONGRATULATING ANNA sion. We would all do well to follow his exam- tomorrow right if we get yesterday wrong. The CERVENAK AND MAX ple of leaving a small piece of the world better world’s strength to oppose killing today is BARTIKOWSKY, HONOREES OF than we found it. made greater by accountability, for actions THE GREATER WILKES-BARRE SOCIETY OF FELLOWS, ANTI- f present, but also past. It’s weakened by denial of accountability of past acts. Not recognizing DEFAMATION LEAGUE ARMENIAN GENOCIDE the Armenian genocide, as such, does just that. HON. PAUL E. KANJORSKI HON. EDWARD R. ROYCE f OF PENNSYLVANIA OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES THE OCCASION OF THE 93RD ANNI- VERSARY OF THE ARMENIAN Thursday, April 24, 2008 Thursday, April 24, 2008 GENOCIDE Mr. KANJORSKI. Madam Speaker, I rise Mr. ROYCE. Madam Speaker, on April 24, today to ask you and my distinguished col- 1915, the Ottoman Empire set out on a cam- HON. MICHAEL R. McNULTY leagues in the House of Representatives to paign to exterminate the Armenian people. Be- OF NEW YORK pay tribute to Anna Cervenak and Max tween 1915 and 1923, the numbers were hor- IN THE HOUSE OF REPRESENTATIVES Bartikowsky, recipients of the Anti-Defamation rific. One and a half million Armenians were League’s Distinguished Community Service murdered and 500,000 deported from their Thursday, April 24, 2008 Award. homelands. At the end of these eight years, Mr. MCNULTY. Madam Speaker, I join today This award is presented to persons who are the Armenian population of Anatolia and West- with many of my colleagues in remembering dedicated champions of human rights and ern Armenia was virtually eliminated, becom- the victims of the Armenian Genocide. Today, have distinguished themselves by civic, philan- ing one of the 20th century’s darkest chapters. April 24th, is the 93rd anniversary of this thropic and other extraordinary activities. While acknowledging the role played by the human tragedy. Max Bartikowsky was born and raised in Ottoman Empire in killing Armenians, some From 1915 to 1923, the world witnessed the Wilkes-Barre, Pennsylvania. His celebrity have laid doubt to the claim of genocide, citing first genocide of the 20th Century. This was began at an early age, being the impish inspi- the subsequent deportation of the survivors as clearly one of the world’s greatest tragedies— ration for a shoeshine boy character called merely a movement of a people from one land the deliberate and systematic Ottoman annihi- ‘‘Little Max’’ created by the famous cartoonist, to another. Henry Morgenthau, the U.S. Am- lation of 1.5 million Armenian men, women, Ham Fisher, who originated the ‘‘Joe Palooka’’ bassador to the Ottoman Empire from 1913– and children. comic strip once syndicated in over 900 news- 1916, saw it much differently. In his memoirs, Furthermore, another 500,000 refugees fled papers nationwide. Fisher was also a native of Morgenthau recalls that the Turks, ‘‘never had and escaped to various points around the northeastern Pennsylvania. the slightest idea of reestablishing the Arme- world—effectively eliminating the Armenian Bartikowsky graduated from Wyoming Semi- nians in (a) new country’’ knowing that ‘‘the population of the Ottoman Empire. nary after which he attended the University of

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

VerDate Mar 15 2010 10:37 Nov 03, 2010 Jkt 069102 PO 00000 Frm 00001 Fmt 0689 Sfmt 9920 E:\BR08\E24AP8.000 E24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6990 EXTENSIONS OF REMARKS, Vol. 154, Pt. 5 April 24, 2008 Pennsylvania’s Wharton School and Wilkes and inspiring. They have clearly made a sig- HOLDING NORTH KOREA College. He served in the U.S. Navy from nificant contribution to the improvement of the ACCOUNTABLE 1951 to 1955. He went on to complete the regional quality of life and, for that, we are all Gemological Institute of America’s Diamond grateful. HON. CLIFF STEARNS Grading Class after which he took an active OF FLORIDA role as the third generation in the Bartikowsky f IN THE HOUSE OF REPRESENTATIVES family jewelry business. Today, he is president Thursday, April 24, 2008 and CEO of Bartikowsky Jewelers, currently HONORING THE 100TH ANNIVER- celebrating 121 years in business. SARY OF EAGER FREE PUBLIC Mr. STEARNS. Madam Speaker, in 2006 Bartikowsky has been especially active with LIBRARY the world was alarmed when North Korea test- the Jewish Community Center (JCC) where he ed a nuclear device. Since then, North Korea has served as president, a member of the has been pressured to reveal details about its board of trustees and the board of directors. HON. TAMMY BALDWIN nuclear program, but it has blatantly defied He is a supporter of the JCC’s Fitness Center, transparency deadlines and Six-Party talks OF WISCONSIN JCC Camp, JCC Basketball Banquet and the have yielded few results. JCC 5:30 Club. IN THE HOUSE OF REPRESENTATIVES North Korea has recently re-declared its in- He also serves on the board of Temple tent to provide a ‘‘complete and correct’’ dec- Israel where his grandfather was the first Thursday, April 24, 2008 laration of all its nuclear programs, but while the U.S. awaits this declaration, we shouldn’t president in 1924. He is a past president of Ms. BALDWIN. Madam Speaker, I rise the Wilkes-Barre Lions Club and Jewish Fam- reduce the necessary pressure required to today to honor the Eager Free Public Library, hold North Korea accountable to its promises. ily Services and has been a member of Ma- EFPL, for 100 years of service to the people sonic Lodge 655, Caldwell Consistory, and The U.S. should not ease sanctions on of Evansville, WI. Since the doors first opened Irem Temple for 50 years. He is also a sup- North Korea until we have sufficient a century ago, the Eager Free Public Library porter of Wyoming Seminary. verification measures in place. Specifically, has been an invaluable and vital part of the Bartikowsky has been honored by the North Korea should not be removed from the Knights of the Saber, JCC 5:30 Club, Wyo- community. list of state sponsors of terrorism until it accu- ming Valley Family Service Association and During the 1890s, Wisconsinites embarked rately declares the number of nuclear weap- the Jewish Family Service. He was also fea- on a movement to secure free public libraries ons and the amount of fissile material it has. tured in articles in the Outlook and Pennsyl- around the State. However, few were as pas- We must continue to insist on full trans- vania Heritage magazines. sionate and dedicated to the cause as Mr. parency and not acquiesce to deceitful North Anna Cervenak graduated from Forty Fort Almeron Eager. Eager’s passion for libraries Korean rhetoric. High School and College Misericordia where was evident when he passed away in 1902. In f she earned a bachelor of social work degree. his will, Mr. Eager bequeathed $10,000 to the HAPPY BIRTHDAY FOR DR. She went on to Marywood University where city of Evansville to construct a free public li- RONALD NUTT she earned a master’s degree in social work. brary in his name. The library’s cost would A member of Alpha Sigma Lambda, Social end up exceeding $10,000 but his surviving Work Honor Society, she was elected to HON. JOHN J. DUNCAN, JR. family members contributed money to cover OF TENNESSEE Who’s Who Among Students in American Uni- the remaining cost. After several years of IN THE HOUSE OF REPRESENTATIVES versities and Colleges. searching for the proper site, the first con- Thursday, April 24, 2008 Cervenak started her career at Bell of Penn- struction shovel finally pierced the ground in sylvania while still in high school. She worked May 1907 and the library was dedicated in Mr. DUNCAN. Madam Speaker, I rise today as an operator, in engineering, employment June 1908. The prairie school style of the to honor a Tennessean on his 70th birthday and as the company’s public speaker. When building would become a trademark design of whose scientific accomplishments have had she retired from Verizon in 2007, she was Di- Claude and Stark, the architects of the EFPL. an incalculable impact on the medical commu- rector of Community Relations/Public Affairs. nity and our Nation. A past president of Junior Achievement, she One hundred years later, the library still In 1969, Dr. Ronald Nutt received a PhD in is currently a member of its board of directors. stands tall, in large part thanks to the vision of Electrical Engineering at the University of Ten- She is also a member of the board of directors Almeron Eager. As a communitarian, Mr. nessee. In the nearly 40 years which followed, of Penn’s Northeast, Great Valley Technology Eager knew that free public libraries are the he pioneered technology which has saved Alliance, Pittston Chamber of Commerce, cornerstone of our democracy. A library brings countless lives and brought distinction to East Wilkes-Barre Chamber of Business and Indus- hope and knowledge to our children, fosters Tennessee and the University of Tennessee. try, Athena Award Committee, Victim’s Re- intellectual freedom, and makes important in- Even those who have never heard of source Center, Catholic Youth Center, Catho- formation readily available to all citizens. The Positron Emission Tomography (PET) prob- lic Social Services, King’s College President’s mission of EFPL, and so many others, to pro- ably know someone who has been helped by Council, Luzerne County Community College vide equal access to resources makes free it. PET is a non-invasive technique which can Foundation, Penn State-Wilkes-Barre, Step- public libraries critical to fulfilling the promise map the entire body with molecular imaging. By-Step, Boy Scouts of America, Blond Asso- of a democratic society. Pioneered and internationally marketed by ciation, Circle 200 and the Mountain Laurel Not only do our free public libraries provide Dr. Nutt, PET is a critical tool today in medi- Center for the Performing Arts. Ms. Cervenak intellectual enrichment but they also serve as cine, and the method is widely used in the also chaired the Blue Ribbon Committee to an important community gathering place. fields of oncology, cardiology, and neurology. save Tobyhanna Army Depot, Burn Founda- Through a wide range of programs including PET has saved countless lives by innovatively tion and the Jewish Family Service Advisory detecting tumors, improving biopsies, and discussion groups, computer classes, and Board. helping to determine the stage of a disease. family events, EFPL has worked tirelessly to Her awards include Athena Award, Top 50 The effect of PET scanning was so extraor- give every citizen the opportunity to fulfill their Business Women in Pennsylvania, Top Busi- dinary, Dr. Nutt was named Distinguished Sci- potential and become an active participant in ness Women in Northeastern Pennsylvania, entist of the Year in 1999 and received the our democracy. Arthritis Foundation Community Leader of the TIME Magazine Medical Innovation of the Year, Susan B. Roebling Distinguished Citizen For the past 100 years, these overarching Year honor in December 2000. Award, Wyoming Valley Woman’s Pathfinder goals have been the foundation of the library’s Dr. Nutt’s lifetime of developing this tech- Award, NEPA Boy Scouts Woman of the Year distinguished reputation and unwavering com- nology has led to many other discoveries. He Award. mitment to equality and education. I am proud is the holder of dozens of patents in the field Madam Speaker, please join me in con- to join the residents of Evansville in honoring of electrical engineering, with many more still gratulating Mr. Bartikowsky and Ms. Cervenak. the family of Mr. Almeron Eager and cele- pending. Prior to his work on PET technology, Their extraordinary community service to brating the 100th anniversary of the Eager Dr. Nutt took a products business from a sin- northeastern Pennsylvania is both legendary Free Public Library. gle employee to a $10 million a year business

VerDate Mar 15 2010 10:37 Nov 03, 2010 Jkt 069102 PO 00000 Frm 00002 Fmt 0689 Sfmt 9920 E:\BR08\E24AP8.000 E24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 EXTENSIONS OF REMARKS, Vol. 154, Pt. 5 6991 in the 1980s. Today, he sits on the board of fort, the IJC has chosen to waste years of re- Federation—Great Lakes; Save the River/ directors of several companies and continues search and millions of dollars in taxpayer Upper St. Lawrence Riverkeeper; The Nature to be a leader his field. money, in addition to ignoring significant Conservancy—New York; The New York State Dr. Nutt is not only an example of American amounts of public comment, by proposing a Conservation Council; Thousand Islands Land ingenuity, but his work is also the benchmark brand new water levels regime ‘‘Plan 2007.’’ Trust; and Wisconsin Council of Trout Unlim- for success in his field. His professional ac- Moreover, I am very concerned that the lack ited. complishments are equal in scope only with of transparency in the IJC final development of I urge my colleagues to join with Mrs. his personal character and continued devotion ‘‘Plan 2007’’ was created in the shadows and SLAUGHTER and me as cosponsors of this res- to family, community, and many worthy with little or no outside input. olution. I will continue to work with my col- causes. It is clear to anyone living in this region that leagues and my constituents by using every Madam Speaker, in closing, I urge my col- the wrong approach to water level regulation legislative tool at my disposal to ensure that leagues to join me in celebrating the career of can have significant negative impacts. We the St. Lawrence River and Lake Ontario con- Dr. Ronald Nutt on the occasion of his 70th have all seen firsthand the devastating con- tinue to be vibrant natural resources for future birthday. His work is far from over, but his im- sequences that the existing regime has had generations. pact is already certain. on the environment. The status quo is simply ALCOA PRIMARY METALS/ f unacceptable. We need a comprehensive and GLOBAL HARD ALLOY EXTRUSIONS, effective approach to regulate the water levels Massena. NY, April 22, 2008. INTRODUCTION OF A RESOLUTION of both Lake Ontario and the St. Lawrence Congressman JOHN M. MCHUGH, Rayburn Office Building, TO OPPOSE THE IJC’S PROPOSED River. Thus, like many residents along the WATER LEVEL MANAGEMENT Washington, DC. lake and river, I invested time and effort to DEAR CONGRESSMAN MCHUGH: As a major PLAN support the approach I believed best met the North Country employer dependent upon hy- environmental and economic requirements of dropower for our production operations, we HON. JOHN M. McHUGH the region—Plan B+. I believe B+ appro- have a strong interest in the future of the St. Lawrence River and have closely followed OF NEW YORK priately balances sound environmental prin- ciples with the needs of both residents and the debate over various water level regula- IN THE HOUSE OF REPRESENTATIVES tion plans. Thursday, April 24, 2008 recreational boaters, while, at the same time, We concur with you that it is imperative a providing benefits for the Moses-Saunders plan be adopted by the International Joint Mr. MCHUGH. Madam Speaker, I rise today Power Project. Commission that takes into account envi- to introduce a resolution concerning the Inter- Virtually every regional and environmental ronmental considerations and the concerns national Joint Commission, IJC, and water organization that has examined this process of the public, while at the same time maxi- level management on Lake Ontario and the agree that Plan B+ is based on sound sci- mizing hydropower production. As you rec- St. Lawrence River. I am deeply disappointed entific principles and is the one approach that ognize, all three of these issues—environ- mental considerations, public concerns re- that it has come to the point where such ac- best meets all the needs of the various stake- tion by Congress is necessary. garding recreational uses and hydropower— holders. Unfortunately, despite the public vet- are closely linked to the economy of this re- I have the distinct privilege of representing ting of three proposed plans, on March 28, gion. A St. Lawrence River water level man- the entirety of the American span of the St. 2008, the IJC released ‘‘Plan 2007,’’ which agement plan should clearly address these Lawrence River, as well as a significant por- had not previously been submitted to the pub- concerns in consideration of the economic tion of Lake Ontario. As a native of the area, lic for comment or fully evaluated by the sci- future of the North Country. I cannot emphasize enough the importance of entific community and the State of New York, We fully support your resolution regarding a water levels management plan that takes the selection of an appropriate water level as the proposed water level management plan management plan to my constituents who live, these three issues into account. for Lake Ontario and the St. Lawrence River. Sincerely, work, and vacation along Lake Ontario and Plan 2007 does little to improve the existing WESLEY OBERHOLZER, the St. Lawrence River. water level management plan, both in terms of Primary Location Manager, The Great Lakes represent the largest sup- environmental protection and hydropower gen- Alcoa Massena Operations. ply of fresh water on the planet and this vast eration. Further, lessons learned from the supply of fresh water flows out to the saltwater LOSL Study will be used for the Upper Great AMERICAN RIVERS, of the Atlantic Ocean via the St. Lawrence Lakes Study to examine water levels on the Washington, DC, April 22, 2008. River. However, following the completion of St. Claire River and Lakes Ontario and Huron. Hon. JOHN M. MCHUGH, the St. Lawrence Seaway and the Moses- House of Representatives, Rayburn House Office Therefore, today, along with the Gentle- Building, Washington, DC. Saunders Power Project in the 1950’s, there woman from Western New York, Mrs. SLAUGH- Hon. LOUISE MCINTOSH SLAUGHTER, was no choice but to come up with a plan for TER, a co-chair of the Great Lakes Task Force House of Representatives, Rayburn House Office ‘‘artificially’’ regulating this outflow. Unfortu- and trained biologist, I am introducing a reso- Building, Washington, DC. nately, the current water level regulation plan, lution which calls on the Secretary of State to DEAR REPRESENTATIVES MCHUGH AND known as ‘‘1958 D with Deviations,’’ has re- not approve Plan 2007. It further asks that the SLAUGHTER: On behalf of our 65,000 members sulted in significant negative environmental im- Secretary ensure that any plan which is adopt- and supporters, I am writing in support of pacts on fisheries and wildlife throughout the your resolution expressing the sense of the ed provide adequate environmental protection, U.S. House of Representatives that the Inter- region I represent in Congress. For example, maximize hydropower generation, and fully national Joint Commission (IJC) should the current regime has resulted in the sub- considers the views of the public and affected adopt an appropriate water level manage- stantial derogation of at least 33,000 acres of state governments. ment plan for Lake Ontario and the St. Law- wetlands, allowing a thick cattail monoculture For the RECORD, I am including letters of rence River. to expand and replace large areas of bio- support for this resolution from Alcoa-Massena On April 17th, American Rivers named the diverse meadow marsh, resulting in the loss of Operations; Alliance for the Great Lakes; St. Lawrence River as one of our Most En- habitat for a wide range of aquatic, avian, and American Rivers; Audubon; Audubon New dangered Rivers of 2008. This annual report highlights the rivers of our nation that are upland species. York; Buffalo Niagara Riverkeeper; Citizens facing the most uncertain futures. This year, Since 2000, the IJC’s International Lake On- Campaign for the Environment; Ducks Unlim- the International Joint Commission has an tario St. Lawrence River, LOSL, study has ited—Great Lakes Region; Environmental Ad- opportunity to revise the deleterious 50-year- spent more than $20 million in taxpayer vocates of New York; Freshwater Future; old water management plan for the Moses- money to develop an approach to water level Georgian Baykeeper for Georgian Bay Asso- Saunders Dam. The current plan has se- regulation that would best suit the environ- ciation and Foundation; Great Lakes Sport verely degraded river health and is threat- mental and economic needs of this vital nat- Fishing Council; Great Lakes United; Inter- ening the river’s lucrative tourism and recre- ural resource. And, over the years, the IJC national Association for Great Lakes Re- ation economy, and quality of life. The IJC must adopt a plan that provides 21st century has devised plan after plan to achieve that search; International Water Level Coalition; solutions that benefit the millions of people goal—soliciting extensive public comment to Izaak Walton League—New York Division; who depend upon the river. fully vet these proposals with the residents Michigan United Conservation Clubs; Midwest Research conducted by more than 180 sci- who are most affected. Yet, for all of that ef- Environmental Advocates; National Wildlife entists from the U.S. and Canada discovered

VerDate Mar 15 2010 10:37 Nov 03, 2010 Jkt 069102 PO 00000 Frm 00003 Fmt 0689 Sfmt 0634 E:\BR08\E24AP8.000 E24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6992 EXTENSIONS OF REMARKS, Vol. 154, Pt. 5 April 24, 2008 that the current plan, which severely limits and state/provincial agencies and NGOs in vides ecosystem benefits, and addresses the natural water level fluctuations, has signifi- the U.S. and Canada. concerns of the public and the State of New cantly impacted the river environment. Your resolution takes an important step York. We thank you for your strong efforts These conditions can be reversed by allowing toward adoption of a regulation plan that on this critical issue, and look forward to the river to have a more natural flow as is provides ecosystem benefits, addresses the working with you and our partners through- proposed by Plan B+, a plan currently before concerns of the public and the State of New out the region to ensure a sound environ- the IJC. Plan B+ is widely supported by fed- York, and increases the economic benefits mental plan is implemented. eral and state agencies, including the U.S. from hydropower production for all New Sincerely, Fish and Wildlife Service, U.S. Environ- Yorkers. The Nature Conservancy thanks ALBERT E. CACCESE, mental Protection Agency, Environment you for your initiative in developing this res- Executive Director. Canada and the New York Departments of olution, and we will join with partner orga- JOHN FLICKER, Environmental Conservation and State, as nizations to bring concerned citizens to the President. well as numerous scientists, environmental public hearings in support of your efforts. groups, and federal, state and local law- Sincerely, DUCKS UNLIMITED, makers. KATHLEEN MOSER, Ann Arbor, MI, April 17, 2008. Thank you for introducing this resolution Acting State Director. Congressman JOHN MCHUGH, and for your leadership in ensuring that the House of Representatives, Rayburn HOB, Wash- most appropriate water level management AUDUBON NEW YORK, ington, DC. plan is chosen for the Lake Ontario-St. Law- Albany, NY, April 21, 2008. Congresswoman LOUISE SLAUGHTER, rence system. Hon. LOUISE SLAUGHTER, House of Representatives, Rayburn HOB, Wash- Sincerely, House of Representatives, Rayburn House Office ington, DC. REBECCA R. WODDER, Building, Washington, DC. DEAR CONGRESSMAN MCHUGH AND CON- President. Hon. JOHN MCHUGH, GRESSWOMAN SLAUGHTER: On behalf of the House of Representatives, Rayburn House Office 16,000 Ducks Unlimited members in New THE NATURE CONSERVANCY, Building, Washington, DC. York, I would like to thank you for your ini- Albany, NY, April 21, 2008. DEAR CONGRESSWOMAN SLAUGHTER AND tiative on developing the resolution regard- Congressman JOHN MCHUGH, CONGRESSMAN MCHUGH, On behalf of Audu- ing the water level management plan for House of Representatives, Rayburn HOB, Wash- bon New York and the National Audubon So- Lake Ontario and the St. Lawrence River. As ington, DC. ciety, we write to you today in strong sup- you know, DU has been engaged in this issue Congresswoman LOUISE SLAUGHTER, port of your resolution calling for a strong, for many years, and strongly encouraged the House of Representatives, Rayburn HOB, Wash- environmentally sustainable water level International Joint Commission to adopt ington, DC. management regulation to be developed for Plan B+ for future water level management of the Lake Ontario/St. Lawrence system. In DEAR CONGRESSMAN MCHUGH AND CON- Lake Ontario and the St. Lawrence River. our scientific opinion. Plan B+ delivered the GRESSWOMAN SLAUGHTER: On behalf of the This strong and timely resolution sends a 65,000 members of The Nature Conservancy clear message that the environmental needs best overall environmental, economic and in New York, I write in strong support of of the Great Lakes Ecosystem must be ade- social benefits to all affected interests. In our opinion, Plan 2007 as presented by your resolution on an environmentally sound quately addressed and protected before any the IJC does not go far enough to remedy the and economically beneficial regulation plan such regulation developed by the Inter- past management regime, nor look forward for Lake Ontario and the St. Lawrence national Joint Commission (IJC) is ap- enough to ensure multiple future benefits for River. proved. the majority of affected people and re- The 650-mile coastline of Lake Ontario and As you are aware, the Great Lakes are an sources. DU is mobilizing our membership to the upper St. Lawrence River constitutes the amazing natural resources that is critical be present at the public information sessions largest coastal environment in New York not only to the region’s birds and other wild- and public hearings scheduled by the IJC so State. Lake Ontario and the upper River har- life, but to the economy and quality of life of that our voice will be heard. bor more than 64,000 acres of coastal wet- the 42 million people that live within its wa- Therefore, Ducks Unlimited supports your lands, extensive barrier beaches, and other tershed. More than 300 different bird species bi-partisan House Resolution calling for the coastal habitats that have been shaped over call the Great Lakes their home, but due to IJC to increase the level of environmental thousands of years by the ebb and flow of the a host of factors, especially the loss of coast- protections and benefits, fully consider the lake and river. al wetland habitat, the populations of many views of the public and State of New York Sound water management is an essential of these species are in serious decline. when selecting the new plan, and maximize step in preserving the ecological health of Specifically in the Lake Ontario/St. Law- hydropower production (in line with Plan freshwater ecosystems like Lake Ontario. rence River ecosystem, as your resolution B+). Again, thank you for your leadership on Healthy ecosystems enhance our quality of points out, over the last fifty years since the this issue, and rest assured that Ducks Un- life, and provide the foundation for a healthy IJC began regulating water levels we have limited will be following this important en- economy. observed a fifty percent loss of coastal wet- vironmental issue very closely. After six years of study, with stakeholder lands in the region. The loss of these impor- Sincerely, consultation and exemplary science, the tant habitats not only reduces nesting avail- RAY WHITTEMORE, International Joint Commission (IJC) has an ability for many species of birds, but also re- Director of Conservation Programs. historic opportunity to exercise principles of duces food availability through the loss of sound water management in the regulation important fish spawning grounds. APRIL 22, 2008. of Lake Ontario/St. Lawrence. It is very unfortunate that the IJC has Hon. JOHN MCHUGH, However, the proposed new regulation plan missed this important opportunity to reverse House of Representatives, released for public comment by the IJC— the decades of decline, and develop a regula- Washington, DC. Plan 2007—does not restore the 30-year cycles tion that restores a more natural flow and Hon. LOUISE M. SLAUGHTER, that maintained the wetlands and dunes of fluctuation of water levels in Lake Ontario House of Representatives, Lake Ontario’s coast prior to advent of and the St. Lawrence River, which is needed Washington, DC. water level regulation 50 years ago. The to sustain these important coastal eco- DEAR CONGRESSMAN MCHUGH AND CON- IJC’s own 6-year study demonstrated that systems. By ignoring the findings of their six GRESSWOMAN SLAUGHTER, We, the under- restoration of these age-old cycles could pro- year, $20 million study and proposing ‘‘Plan signed organizations, are writing to express vide clear ecosystem benefits, and also eco- 2007’’, the IJC is proposing to maintain the our support for the house resolution you’ve nomic benefits to the people of the basin. status quo and change little from the cur- developed that urges the International Joint An alternative regulation plan that rent management plan. ‘‘Plan 2007’’ will not Commission to adopt a water management achieves these benefits—Plan B+—was devel- restore the natural cyclical rhythms of Lake plan for the St. Lawrence River and Lake oped by the IJC study. The approach to Ontario and the St. Lawrence River as was Ontario that takes into consideration envi- water management of Plan B+ is to mimic proposed in ‘‘Plan B+’’, the widely supported ronmental needs and the concerns of the Lake Ontario’s natural hydrologic rhythm management proposal developed in the IJC public and affected States and urges the Sec- while dampening the extremes of high and Study that would provide significant envi- retary of State to reject any plan that does low levels that can lead to economic dam- ronmental improvements to the region. not do so. ages. Audubon New York and the National Audu- Since the completion of the Moses-Saun- By suggesting a pathway toward the much bon Society applauds your attention to the ders hydropower dam 50 years ago, the Lake greater environmental improvements of Plan need to restore the coastal ecosystems of Ontario and St. Lawrence River ecosystems B+, the IJC recognizes the scientific basis for Lake Ontario and the St. Lawrence River, have suffered consistent losses to their glob- the broad support this plan has received and strongly supports your resolution call- ally significant biodiversity due to unnatu- from the State of New York and from federal ing for the adoption of a regulation that pro- ral and damaging water levels regulation.

VerDate Mar 15 2010 10:37 Nov 03, 2010 Jkt 069102 PO 00000 Frm 00004 Fmt 0689 Sfmt 0634 E:\BR08\E24AP8.000 E24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 EXTENSIONS OF REMARKS, Vol. 154, Pt. 5 6993 The current, 50 year-old regulation scheme TAXPAYER ASSISTANCE AND the Department of Veterans Affairs Commu- has artificially constrained water levels, re- SIMPLIFICATION ACT (H.R. 5719) nity-Based Outpatient Clinic (CBOC) in sulting in considerable damage to more than Okaloosa County, located in the First Con- 50% of the region’s coastal wetlands and sig- HON. BETTY McCOLLUM gressional District in Northwest Florida. nificant impacts to many fish species and This momentous occasion has been a long OF MINNESOTA nesting water birds. time coming for the ever-growing veterans’ IN THE HOUSE OF REPRESENTATIVES After more than five years of study funded population along Florida’s Emerald Coast. by $20–million taxpayer dollars, the IJC has Thursday, April 24, 2008 With the highest veterans’ population of any the information necessary to select a sci- Ms. MCCOLLUM of Minnesota. Madam congressional district in the Nation, many of entifically-based and publicly supported Speaker, I rise in strong support of the Tax- the residents of Okaloosa County and the im- management plan that would deliver signifi- payer Assistance and Simplification Act (H.R. mediate areas have had to drive significant cant environmental improvements to the re- 5719). I want to thank Chairman RANGEL and distances for some of the most basic out- gion. Instead, the IJC has turned its back on Subcommittee Chairman LEWIS for bringing patient care from the VA. This area was identi- the Lake and River environment by pro- this legislation to the floor which modernizes fied years ago as an underserved area for VA posing a plan—Plan 2007—that continues, IRS functions by responding to recommenda- healthcare, and was marked as a priority loca- and perhaps even worsens, the environ- tions by the Taxpayer Advocate. tion for future VA construction. Now completed mental destruction of the Lake and River. The Taxpayer Assistance and Simplification and ready to receive patients, this CBOC will alleviate travel time and provide efficient ac- In a time of unprecedented momentum to- Act helps to simplify the tax process and pro- cess to VA healthcare for those veterans. wards restoring the Great Lakes-St. Law- tect taxpayers from abuses. It strengthens pro- Beautiful beaches, warm weather, and rence system, the actions by the IJC that tection from identity theft and tax fraud by re- friendly neighbors encourage many to call the would reverse restoration programs are un- quiring the IRS to notify taxpayers if it sus- Florida panhandle ‘‘home.’’ With five military acceptable. pects identity theft. H.R. 5719 also makes the installations in my district alone it is little won- We applaud your efforts to ensure that the tax process simpler by eliminating an outdated der that active and retired military and nearly environment of the St. Lawrence River and requirement for detailed records of calls made 110,000 veterans make up a tremendous por- Lake Ontario are protected from further on employer-provided cell phones. It strength- tion of my constituency. While many already damage. By introducing and supporting this ens outreach to ensure that working families saw the need for improved access to VA care, resolution, you are sending a strong signal entitled to the Earned Income Tax Credit re- it took a coordinated effort from many inter- to the International Joint Commission that ceive the refund they have earned and pro- ested parties to make this event a reality. the status quo. which has resulted in the sig- vides protections from predators. There was no doubt that this facility is what nificant losses of wetlands throughout the H.R. 5719 helps to ensure tax fairness by our area’s veterans needed and deserved. River and Lake ecosystem, is not acceptable. closing an offshore loophole that allows gov- A co-sharing agreement between VA and Sincerely, ernment contractors, who receive millions or the Department of Defense has been a huge Jennifer Caddick, Executive Director, billions in taxpayers’ dollars, to set up compa- factor in bringing about this moment. By using Save The River/Upper St. Lawrence nies in foreign countries to avoid paying Social land on Eglin Air Force base, in close prox- Riverkeeper; Joel Brammeier, Vice Security and Medicare taxes. For example, imity to the base hospital, veterans using the President for Policy, Alliance for the defense contractor KBR, has reportedly avoid- VA clinic have access to various DoD re- Great Lakes; April H. Gromnicki, Esq., ed paying over $100 million in Social Security sources and active servicemembers stationed Director, Ecosystem Restoration, Au- and Medicare taxes by creating shell compa- there have access to part of the clinic’s spe- dubon; Albert E. Caccese, Executive Di- rector, Audubon New York; Julie M. nies in the Cayman Islands. cialty care. In addition, the use of DoD land Barrett O’Neill, Esq., Riverkeeper and This important bill also puts an end to the ensures that VA does not have to deal with Executive Director, Buffalo Niagara use of private debt collection agencies to col- finding and acquiring land, resulting in the best Riverkeeper; Dereth Glance, Executive lect Federal income taxes and ensure that this deal for taxpayers and veterans alike. Program Director, Citizens Campaign critical government function is performed by Madam Speaker, on behalf of the United for the Environment; Gildo M. Tori, Di- public servants on behalf of American tax- States Congress, I would like to recognize the rector of Public Policy, Ducks Unlim- payers. Despite aggressive tactics, contractors efforts of all who worked toward bringing this ited; Katherine Nadeau, Water & Nat- only brought in a little more that half of what important facility to Okaloosa County, Florida. ural Resources Program Associate, En- it cost the IRS to implement the program. IRS We have an eternal debt of gratitude to our vironmental Advocates of New York; agents can do this more efficiently and ending servicemen and women, and this much-need- Jill Ryan, Executive Director, Fresh- this program prevents the possible misuse of ed VA clinic is one way that we can begin to water Future; Mary Muter, Vice Presi- confidential taxpayer information. Our constitu- say thank you for ensuring that the liberty con- dent, Environment, Georgian Bay- ents deserve to know that the person con- tinues to shine a bright light over our country. keeper for Georgian Bay Association tacting them on behalf of the Federal Govern- f and Foundation; Thomas Marks, NY Director, Great Lakes Sport Fishing ment is a public-servant, who is held to the COMMEMORATING THE ARMENIAN Council. highest standards of accountability and con- GENOCIDE John Jackson, Director, Clean Produc- fidentiality, not a person whose paycheck de- tion, Great Lakes United; Robert A. pends solely on the number of collections they HON. MICHAEL E. CAPUANO make. Sweeney, PhD, Executive Director, OF MASSACHUSETTS International Association for Great I urge my colleagues to support the Tax- IN THE HOUSE OF REPRESENTATIVES Lakes Research; Nancy Foster, Sec- payer Assistance and Simplification Act. Thursday, April 24, 2008 retary, International Water Levels Co- f alition; Les Monostory, President, New Mr. CAPUANO. Madam Speaker, I rise York Division, Izaak Walton League; IN RECOGNITION OF THE GRAND today to commemorate the 93rd anniversary Robert M. Borchak, Director at Large, OPENING OF THE DEPARTMENT of the Armenian genocide and to celebrate a Michigan United Conservation Clubs; OF VETERANS AFFAIRS COMMU- people who despite murder, hardship, and be- Karen M. Schapiro, Executive Director, NITY-BASED OUTPATIENT CLINIC trayal have persevered. Midwest Environmental Advocates; IN OKALOOSA COUNTY, FLORIDA Throughout three decades in the late nine- Andy Buchsbaum, Regional Executive teenth and early twentieth centuries, millions Director, National Wildlife Federation; HON. JEFF MILLER of Armenians were systematically uprooted Harold L. Palmer, President, New York from their homeland of three thousand years State Conservation Council; Aaron R. OF FLORIDA and deported or massacred. From 1894 Vogel, Executive Director, Thousand IN THE HOUSE OF REPRESENTATIVES through 1896, three hundred thousand Arme- Islands Land Trust; Bill Pielsticker, Thursday, April 24, 2008 Legislative Chair, Wisconsin Council of nians were ruthlessly murdered. Again in Trout Unlimited. Mr. MILLER of Florida. Madam Speaker, it 1909, thirty thousand Armenians were mas- is a great honor for me to rise today to recog- sacred in Cilicia, and their villages were de- nize the grand opening on April 25, 2008, of stroyed.

VerDate Mar 15 2010 10:37 Nov 03, 2010 Jkt 069102 PO 00000 Frm 00005 Fmt 0689 Sfmt 9920 E:\BR08\E24AP8.000 E24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6994 EXTENSIONS OF REMARKS, Vol. 154, Pt. 5 April 24, 2008 On April 24, 1915, two hundred Armenian May we all take a moment to remember the and water cross into Iraq from Turkey every religious, political, and intellectual leaders victims of the Armenian Genocide, one of the day. were arbitrarily arrested, taken to Turkey and most horrible tragedies of the 20th century. The Turkish government also has provided murdered. This incident marks a dark and sol- We remember, not so that we may dwell on over $50 million for reconstruction efforts in emn period in the history the Armenian peo- the events of the past, but so that we may Iraq, and another $100 million for Afghanistan. ple. From 1915 to 1923, the Ottoman Empire renew our personal commitments to never Turkey has committed over 800 troops and launched a systematic campaign to extermi- stand idly by and let such a tragedy happen assumed command of the North American nate Armenians. In eight short years, more again. Treaty Organization (NATO) Regional Com- than 1.5 million Armenians suffered through f mand Center in Kabul. Their Provincial Recon- atrocities such as deportation, forced slavery struction Team has trained over 1,900 mem- and torture. Most were ultimately murdered. COMMEMORATING THE 93RD ANNI- bers of the Afghan army, treated 650,000 pa- Many of our companions in the international VERSARY OF THE ARMENIAN tients at two fully equipped hospitals and four community have already taken a final step to- GENOCIDE clinics, and educated 37,000 young minds at wards healing and reconciliation. The Euro- the more than 30 schools it has constructed. pean Parliament and the United Nations have HON. LINDA T. SA´ NCHEZ In Iraq, Turkey’s training programs for both recognized and reaffirmed the Armenian OF CALIFORNIA Shiite and Sunni officials alike has been able Genocide as historical fact, as have the Rus- IN THE HOUSE OF REPRESENTATIVES to fill an important void in encouraging co- operation and reconciliation between the two sian and Greek parliaments, the Canadian Thursday, April 24, 2008 House of Commons, the Lebanese Chamber rival factions. of Deputies and the French National Assem- Ms. LINDA T. SA´ NCHEZ of California. Of course, our common bond goes deeper bly. It is time for America to join the chorus Madam Speaker. I wish to commemorate the than mere military and political cooperation in and acknowledge the Armenians who suffered 93rd anniversary of the Armenian Genocide. Iraq and Afghanistan. We have in Turkey an at the hands of the Ottoman Empire. And let On April 23, 1915, the world suffered its first ally that has proven it shares our commitment me stress that I am not speaking of the gov- deliberate act of systematic mass murder of to spreading democracy, both within its own ernment of modern day Turkey, but rather its people of one culture by another—and the un- borders and amongst its neighbors. Their 70 predecessor, which many of Turkey’s present speakable crime of genocide was born. The million citizens have rejected an extremist day leaders helped to remove from power. massacre and mistreatment of approximately version of Islam in favor of a secular, demo- As I have in the past, as a member of the 1.5 million Armenians in the waning years of cratic government. Turkey also has been a Congressional Armenian Caucus, I will con- the Ottoman Empire epitomizes the depths of valuable contributor to United Nations peace- tinue to work with my colleagues and with the inhumanity that the human race is capable of. keeping missions intent on halting the blood- Armenian-Americans in my district to promote Out of this wretched episode of history, we shed in Sierra Leone, Liberia, and Sudan. investment and prosperity in Armenia. And, I have made a determined effort to move be- Madam Speaker, Turkey has earned our re- sincerely hope that this year, the U.S. will yond hatred, to recognize mistakes, and to spect, friendship, and gratitude, and deserves have the opportunity and courage to speak in prevent similar events from occurring in the fu- recognition for its crucial assistance over the support of the millions of Armenians who suf- ture. It is our obligation to learn from lapses in last 60 years. I look forward to strengthening fered because of their heritage. moral judgment and forge safeguards for all this important relationship as we continue f oppressed, vulnerable, and subjugated peo- working toward our mutual interests. ples. f COMMEMORATING THE 93RD ANNI- I would like to express my sympathy to the TRIBUTE TO TORREL HUSKEY VERSARY OF THE ARMENIAN survivors and descendents of the Armenian GENOCIDE Genocide. I hope we can all take time to re- flect on this solemn day of remembrance. HON. DENNIS MOORE OF KANSAS HON. FRANK R. WOLF f IN THE HOUSE OF REPRESENTATIVES OF VIRGINIA HONORING TURKEY’S SHARED IN THE HOUSE OF REPRESENTATIVES Thursday, April 24, 2008 COMMITMENT TO SPREADING Mr. MOORE of Kansas. Madam Speaker, I Thursday, April 24, 2008 DEMOCRACY AND DEFEATING rise to honor the service and sacrifice of my EXTREMISM Mr. WOLF. Madam Speaker, I rise today in constituent, Mr. Torrel Huskey. Mr. Huskey is remembrance of the 1.5 million men, women a 91-year-old World War II veteran living in and children who were killed and the 500,000 HON. ED WHITFIELD Kansas City, Kansas. In 1943, Mr. Huskey survivors who were expelled from their homes OF KENTUCKY was assigned to the 3496th Quartermaster during the Armenian Genocide. Today marks IN THE HOUSE OF REPRESENTATIVES Brigade as a truck driver on the ‘‘Red Ball Ex- the 93rd anniversary of the beginning of a sys- Thursday, April 24, 2008 press,’’ ferrying men, supplies and equipment tematic effort carried out by the Ottoman Em- to the front lines of battle as part of Operation pire, which ultimately resulted in the elimi- Mr. WHITFIELD. Madam Speaker, I rise Overlord. nation of ethnic Armenians from their historic today to recognize a strong friendship that has During these missions, Mr. Huskey often homeland. proven enormously important since the begin- dodged obstacles such as barbed wire and On April 24, 1915, the Ottoman authorities ning of the Cold War. Time and time again, land mines and repeatedly came under attack arrested approximately 250 Armenian intellec- the Republic of Turkey has stood firmly with from enemy small arms fire, mortar fire, artil- tuals and community leaders in Istanbul. Fol- the United States as we have pursued our lery barrages and strafing runs by the German lowing this episode, the military proceeded to shared goals in a region where we have few Luftwaffe. It was during one of these attacks round up hundreds of thousands of Armenians steady allies. Turkey, a fellow NATO country, that Mr. Huskey was wounded from enemy and force them to march hundreds of miles is a vital partner in our fight against extremism mortar fire. into present day Syria, denying them food and and an example of a vibrant democracy in a With shrapnel embedded in his legs, and at water along the way. Those that were not region burdened with inequality. the insistence of his commanding officer, Mr. slaughtered and survived the treacherous jour- Turkey’s assistance in supporting combat Huskey bandaged his own wounds and car- ney were brutally raped and beaten along the operations in Iraq and Afghanistan has been ried on with his duties. He continued driving, way. instrumental in our efforts to bring opportunity despite his wounds, risking death or perma- The root of this occurrence can be attributed and prosperity to millions of people. Its prox- nent injury because that was his job—to keep to an official policy of discrimination, which imity to both countries has made it an ideal the wheels of the battlefront moving forward culminated in genocide. I urge my colleagues place to coordinate logistics and center supply as the Allies raced to the Rhine. to read Samantha Powers widely acclaimed routes. Over 74 percent of the air cargo that When the ‘‘Red Ball Express’’ ended in Sep- book, A Problem From Hell: America and the reaches American forces in Iraq passes tember 1944, Mr. Huskey was assigned the Age of Genocide, which clearly describes this through Incirlik Air Base in Southern Turkey, arduous task of locating hastily buried com- as genocide. and around 4,000 trucks carrying fuel, food, rades and transporting them to the U.S.

VerDate Mar 15 2010 10:37 Nov 03, 2010 Jkt 069102 PO 00000 Frm 00006 Fmt 0689 Sfmt 9920 E:\BR08\E24AP8.000 E24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 EXTENSIONS OF REMARKS, Vol. 154, Pt. 5 6995 gravesites sprinkled throughout France, Bel- serve the needs of consumers with little or no To honor Reid, I encourage my colleagues gium and elsewhere in Europe. credit history. In addition to the above endeav- to sign onto H. Res. 424, a resolution that In June 2006, I was contacted by Mr. ors, when the flood of August 2007 hit, NHS calls for the recognition of National Brain Can- Huskey’s oldest daughter, Lynda McClelland, was part of local flood recovery effort in pro- cer Awareness Month in May. with a request for assistance to obtain the viding critical assistance to families. Madam Speaker and Distinguished Col- Purple Heart medal for her father. Foreclosure prevention, homeownership leagues, please join me in congratulating Reid After nearly 2 years of researching medical seminars, flood recovery assistance and es- Colliander and all that he has done for brain records, reviewing morning reports and hear- tablishing renewable energy systems are just tumor research. ings before the Army Board for the Correction a few of the programs contributing to the suc- f of Military Records, I learned that Mr. cess of Richland County’s Neighborhood Huskey’s files were destroyed during the 1973 Housing Services. Since 1983, NHS of Rich- RECOGNIZING THE 90TH ANNIVER- fire at the National Personnel Records Center. land County has responded and assisted over SARY OF TILSNER CARTON COM- There exists no record of Mr. Huskey’s injuries 3,000 households by building 39 affordable, PANY IN ST. PAUL, MINNESOTA or treatment for the wounds he sustained in energy-efficient homes, repairing more than 40 action either in his medical records file or in homes in the tornado stricken town of Viola, HON. BETTY McCOLLUM existing morning reports. Therefore, the rec- Wisconsin and constructing a 25-unit apart- OF MINNESOTA ommendation for the award of the Purple ment complex for low-income seniors. IN THE HOUSE OF REPRESENTATIVES Heart was denied. I applaud Neighborhood Housing Services Thursday, April 24, 2008 It is a shame that Mr. Huskey is still without of Richland County for providing invaluable Ms. MCCOLLUM of Minnesota. Madam support for homeowners in western Wisconsin, the Purple Heart Medal, despite the fact that Speaker, I rise to honor Tilsner Carton Com- being a leader to housing services around the the Department of Veterans Affairs has found pany of St. Paul, which is celebrating its 90th country and most importantly, upholding their Mr. Husky to be service-connected for both anniversary this year. motto of ‘‘Neighbors Helping Neighbors.’’ Post Traumatic Stress Disorder and scars For such a long-lasting business, Tilsner from the residuals of shrapnel embedded in f Carton Company’s beginnings were decidedly his legs and knees. HONORING REID COLLIANDER AND modest. Isadore Tilsener started collecting and It is for these reasons that I ask my col- REID’S LEMON-AID RIDE FOR RE- reselling used boxes from liquor stores around leagues to join me in honoring Mr. Torrel SEARCH St. Paul in 1918 to earn a living. As time Huskey. Without the service and sacrifice of passed, Tilsner Carton Company began man- Mr. Huskey, and all of the men and women of HON. PETER J. ROSKAM ufacturing its own boxes with a same day de- the ‘‘greatest generation,’’ our Nation would livery that became its trademark. Tilsner’s son, not be the resilient and flourishing country it is OF ILLINOIS IN THE HOUSE OF REPRESENTATIVES Mike, took over Tilsner Carton Company as today. By continuing his mission, despite his son Joel Tilsner would do in 1986. Joel being wounded, Mr. Huskey lent great credit Thursday, April 24, 2008 continues to operate the business and owns to himself, the Army Motor Transport Brigade Mr. ROSKAM. Madam Speaker, it is my 100 percent of the company. and the United States of America. great pleasure to rise today to recognize an The corrugated box business has changed f outstanding young man from my Congres- radically since Isadore Tilsner opened his HONORING NEIGHBORHOOD HOUS- sional District, Reid Colliander, for his hard warehouse in a garage 90 years ago. A few ING SERVICES OF RICHLAND work and dedication to raising money for Chil- large manufacturers dominate today’s market, COUNTY dren’s Memorial Hospital Brain Tumor Re- but Tilsner Carton Company has continued to search. prosper through its responsive customer serv- Reid was diagnosed with a brain tumor ice, speedy production, and diversity of prod- HON. RON KIND when he was just 7 years old. As a benefactor ucts. The company pays good jobs in our OF WISCONSIN of brain tumor research, he underwent brain community as its customer base has grown IN THE HOUSE OF REPRESENTATIVES surgery and over 3 years of rehabilitation. both in size and geographic reach—today the Thursday, April 24, 2008 Today Reid is happy, healthy, normal, and ac- business ships product displays all the way to tive in basketball and baseball. Mr. KIND. Madam Speaker, I rise today to Puerto Rico. Reid’s journey did not end when he was Madam Speaker, I am proud to recognize honor Neighborhood Housing Services, NHS, cured. In 2005, he formed Reid’s Lemon-AID Tilsner Carton Company and its three genera- of Richland County for the 25 years of service stand, which seeks to raise money for brain tions of family ownership, and it is my honor this agency has provided to its communities. tumor research at Children’s Memorial Hos- to submit this statement for the official CON- As America’s first Rural NHS, Richland County pital in Chicago, Illinois, and develop a lifestyle GRESSIONAL RECORD. has partnered with numerous entities in the for local youth of charity and service. To this f areas of housing, insurance, and construction, date, Reid has raised over $45,000. allowing this agency to offer comprehensive As part of Lemon-AID, Reid, along with CELEBRATING THE LIFE AND services and assistance to area residents. friends and family, visits several local commu- WORK OF DALE WEN-CHIEH JIEH NHS of Richland County is able to revitalize nities to build awareness on the critical need communities and address current needs. Re- for the funding of brain tumor research and to HON. LINCOLN DAVIS cent initiatives have addressed the mortgage gain support for his organization. OF TENNESSEE crisis and the August 2007 flood in western More than 100 children, ranging in age from IN THE HOUSE OF REPRESENTATIVES Wisconsin. With interest rates rising and prop- 5 to 12, have participated in various Reid’s Thursday, April 24, 2008 erty values decreasing, many hardworking Lemon-AID fundraising events, learning citi- families have had an increasingly difficult time zenship and much more along the way. Mr. LINCOLN DAVIS of Tennessee. Madam making their mortgage payments, thus now One such event is the second annual Reid’s Speaker, this month, our nation’s Capitol will more than ever it is especially important that LemonAid Ride for Research event. During lose a good friend in Dale Wen-chieh Jieh, Di- our local communities have the necessary re- this event, more than 100 kids will lead as rector of the Taipei Economic and Cultural sources to provide affordable housing for many as 700 cyclists on a 5K bike ride Representative Office (TECRO). Dale will be those who need it most. through downtown Glen Ellyn, Illinois this Sat- leaving Washington for his new post as Direc- NHS of Richland County responded to this urday April 19th. tor-General, Taipei Economic and Cultural Of- need and in 2007 when in spite of this down- This family fun bicycle ride is working to hit fice in Kansas City, Kansas. Dale has served turn in the housing market they assisted 81 Reid’s ultimate goal, $1 million for research of as Director of the Political Division since July households with loans and maintained a near brain tumors. 15, 2005, as well as Director of the Congres- zero percent foreclosure rate. NHS also cre- Reid Colliander truly has turned what was sional Liaison Division since July 1, 2006. Dur- ated the Responsible Homeownership, R– once a tragic moment in his life to an out- ing the last three years in Washington, D.C., HOME, initiative. This project is a comprehen- standing service project, benefiting many chil- Dale has made many friends in the adminis- sive mortgage loan program created to better dren who are stricken with brain tumors. tration and on Capitol Hill. He is well known

VerDate Mar 15 2010 10:37 Nov 03, 2010 Jkt 069102 PO 00000 Frm 00007 Fmt 0689 Sfmt 9920 E:\BR08\E24AP8.000 E24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6996 EXTENSIONS OF REMARKS, Vol. 154, Pt. 5 April 24, 2008 for his scholarly demeanor, warm personality process, the value of free speech, and the im- well as the entire St. Paul Public Schools Dis- and quick grasp of the issues. He is truly a portance of voting in their newly adopted trict, please join me in honoring the 2008 St. diplomat’s diplomat. homeland. Paul Central Minutemen girls basketball State Born in Taiwan, Dale was destined for aca- Today, there are more than 47,000 mem- champions. demic excellence. He attended the National bers of the SPJST in 120 lodges throughout f Cheng-chi University in Taiwan and the Grad- the state of Texas. In recent years, SPJST uate Institute of International Relations in Ge- has expanded to include youth activities and TRIBUTE TO THE HONORABLE neva, earning his Master of Arts in Inter- community service programs. As a result, YVONNE BRATHWAITE BURKE national Relations at the Free University of many SPJST projects and members have Brussels, Belgium. In addition to Mandarin been recognized by the Texas Fraternal Con- HON. BARBARA LEE Chinese, Dale is fluent in English and French. gress for their service and contribution to com- OF CALIFORNIA Dale joined Taiwan’s government service in munities throughout Texas. SPJST has pro- IN THE HOUSE OF REPRESENTATIVES the 1980’s. He was a Specialist for the Taiwan vided its members with identity and support Thursday, April 24, 2008 External Trade Development Council (1986– throughout the years. In lodges all over the 1987); Assistant to the Vice Foreign Minister State of Texas, members are committed to Ms. LEE. Madam Speaker and Ms. KIL- (1987–1989); Third Secretary, Taipei Eco- helping those in need by working in hospitals, PATRICK of Michigan, I rise today on behalf of nomic and Cultural Office in Chicago; Second providing scholarships, and supporting drug the Congressional Black Caucus to honor Secretary, Taipei Economic and Cultural Of- abuse programs and other charities. The Yvonne Brathwaite Burke, one of our own who fice in Thailand (June 1993-August 1995); members of SPJST have upheld the tradition served as a Representative of California’s Second Secretary on home assignment, De- of helping people to care for their families and 37th Congressional District from 1973 to 1979, partment of African affairs, Ministry of Foreign their communities. and is retiring at the end of this year, after an Affairs; Section Chief, Department of Inter- With its great commitment to its members, impressive 50-year career as a public servant national Organizations, MOFA (June 1997-No- communities, and organizations that it serves, in the State of California. vember 1998); Director, European Union Af- SPJST embodies the value and tradition of the On the occasion of Mrs. Burke’s retirement fairs, Taipei Representative Office in Belgium great State of Texas. from public office, we wish to extend to her (November 1998-July 2002); Principal Assist- f sincere congratulations for the decades of ant to the Minister of Foreign Affairs (July dedicated service that she has given to her 2002-April 2003); Deputy Director General, HONORING THE 2008 ST. PAUL CEN- nation, her State, and her County, most re- Department of International Organizations, TRAL HIGH SCHOOL MINUTEMEN cently as Chair of the County of Los Angeles MOFA (2003); Director, Political Division, GIRLS BASKETBALL CHAMPIONS Board of Supervisors, the largest county in the TECRO (2005) and currently serves as Direc- nation with a population of over 10 million. For tor of the Congressional Liaison Division, HON. BETTY McCOLLUM the past 15 years, she has served with distinc- TECRO, a post Dale has lead with honor and OF MINNESOTA tion as the Supervisor of the Second District, distinction since 2006. IN THE HOUSE OF REPRESENTATIVES representing nearly 2.5 million residents. Indeed. Mrs. Burke has blazed a path for Though he will be missed in the halls of Thursday, April 24, 2008 Congress, I trust Dale will continue to be an African-American women in public service that effective representative of the Taiwan govern- Ms. MCCOLLUM of Minnesota. Madam had its genesis during her high school years ment in his new post in Kansas City. I am Speaker, 1 year ago, I rose to congratulate when, as a teenager, she got involved in pub- confident Dale will continue to strengthen the the 2007 St. Paul Central High School Minute- lic speaking and competitive contests, earning relations between Taiwan and the United men girls basketball champions. Today, I have scholarships to the University of California- States in his new post, a task as important as the privilege again—congratulations to the Berkeley and later to the University of Cali- ever as America continues to trade and do 2008 St. Paul Central High School Minutemen fornia-Los Angeles. business with our friends and neighbors girls basketball team for winning the State In 1953, she was the first African-American around the world. We will forever call upon the championship! The Minutemen girls team suc- woman to be admitted to the University of dedicated service of people like Dale to foster cessfully defended their title by defeating the Southern California Law School since its better, stronger and more valuable relation- same team, the number one top-seeded Min- founding in 1928. Upon graduation from Law ships between the United States and its allies. neapolis South Tigers, in the final State cham- School, inasmuch as many private law firms So today, Madam Speaker, I rise to com- pionship class 4A on Saturday, March 15, showed no interest in hiring women as attor- mend and congratulate my friend Dale Wen- 2008, at the Target Center. neys, particularly African Americans, she chieh Jieh for his service to his country and Although the St. Paul Central High School opened a law practice, specializing in civil also to the United States of America. I will al- girls basketball Minutemen were trailing by 9 rights and laws regarding housing, immigra- ways treasure my friendship with Dale and points at half-time, they fought back hard and tion, eminent domain, and the licensing of res- wish him, his charming wife and two beautiful overpowered their opponents in the second idential care homes for children and adults. daughters the best of luck as they journey half with their outstanding talent, power, speed Mrs. Burke was active in the Civil Rights west to their new home in Kansas City. and resiliency. The Minutemen went on to Movement, with memberships in various local f beat their opponents with the final scores of and national organizations, and served as a 49–44 over the Tigers. staff attorney on the McCone Commission that HONORING THE THIRTEENTH I am so proud of these fine young athletes investigated the causes of the 1965 Watts QUADRENNIAL CONVENTION OF and wish to extend my heartfelt congratula- Riots in Los Angeles. She became a spokes- THE SLAVONIC BENEVOLENT tions to them and the entire Central High person for the underrepresented and, through ORDER OF THE STATE OF TEXAS School community. These back-to-back cham- a grassroots campaign, won her first political pionship titles bring the school’s record to four office in 1966 as a California State HON. JOHN R. CARTER State championship titles, including 1976 and Assemblywoman, a position she held for the OF TEXAS 1979. Last year, the Minutemen had a perfect next six years. IN THE HOUSE OF REPRESENTATIVES season record of 32–0 and set a new record In 1972, Mrs. Burke was the first African- in post-season of Minnesota girls basketball American woman, west of the Mississippi Thursday, April 24, 2008 championship history with the final score of River, to be elected to the U.S. House of Rep- Mr. CARTER. Madam Speaker, I would like 81–63 over the Minneapolis South Tigers. This resentatives and, one year later, she was the to take this opportunity to recognize the Thir- year, the Minutemen are ranked third in the first Member of Congress to give birth while in teenth Quadrennial Convention of the Slavonic conference and were defeated by the Tigers office. In 1978, she ran for Attorney General of Benevolent Order of the State of Texas once during the regular season, but in the California winning the Democratic nomination, SPJST, which will be held on June 8–11, post-season the Minutemen once again but subsequently losing in the general elec- 2008. For 111 years, SPJST has served as a proved that they are the champions. tion. The Governor of California in 1979 ap- fraternal organization and an educational tool Madam Speaker, on behalf of the students, pointed her to a vacancy on the Fourth for Czech immigrants to learn the democratic teachers and staff of Central High School as Supervisorial District in Los Angeles County.

VerDate Mar 15 2010 10:37 Nov 03, 2010 Jkt 069102 PO 00000 Frm 00008 Fmt 0689 Sfmt 9920 E:\BR08\E24AP8.000 E24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 EXTENSIONS OF REMARKS, Vol. 154, Pt. 5 6997 She also was appointed by the Governor in that grows louder with each passing year. We Preservation Award for individual achievement 1982 to serve on the Board of Regents of the simply will not allow the planned elimination of from the New Mexico Cultural Properties re- University of California. In 1984, Mrs. Burke an entire people to remain in the shadows of view committee. was selected to serve as Vice Chairman of the history. The Armenian genocide must be ac- For the past 17 years, Kathryn has been U.S. Olympics Organizing Committee. before knowledged, studied, and never, ever allowed committed to preserving the history and legacy becoming the first African-American elected to to happen again. of President Franklin D. Roosevelt’s New Deal the Los Angeles County Board of Supervisors Two years ago I joined with my colleagues and its enormous impact on New Mexico and in 1992. in the Caucus in urging PBS not to give a plat- the Nation. She has labored tirelessly to lo- Notably, Mrs. Burke served as the Vice form to the deniers of the genocide by can- cate, restore and document the undertakings Chair of the 1972 Democratic National Con- celing a planned broadcast of a panel which of the Works Project Administration, WPA, and vention, and she played a significant role in included two scholars who deny the Armenian the Civilian Conservation Corps, CCC, in New the 2000 Democratic National Convention in genocide. This panel was to follow the airing Mexico. Functioning on shoestring budgets, hosting an event for hundreds of African- of a documentary about the Armenian Geno- Kathryn enlisted New Mexico volunteers to American elected officials nationwide. cide. Along with Representative ANTHONY help in this effort and then went nationwide, She has received innumerable awards and WEINER, I led a successful effort to convince state by state, to convince others to do the honors both as an African American and as a Channel Thirteen in New York City to pull the same. This resulted in the formation of the Na- woman, including being selected as one of plug on these genocide deniers. tional New Deal Preservation Association, of Time Magazine’s ‘‘America’s 200 Future Lead- The United States must join the parliaments which Kathryn was unanimously elected exec- ers’’ in 1974, as The Los Angeles Times’’ of Canada, France, and Switzerland in pass- utive director, a position she holds today. ‘‘Woman of the Year’’ in 1996: UCLA’s ‘‘Alum- ing a resolution affirming that the Armenian Through Kathryn’s leadership, skills, talents ni of the Year’’ also in 1996, and UCLA’s people were indeed subjected to genocide. and passion, hundreds of thousands of dollars ‘‘Local Legislator of the Year’’ in 2008. She The House Committee on Foreign Affairs took have been raised in private and public funds has served on the Boards of numerous pres- an important step last year in passing H. Res. for conserving New Deal art in New Mexico. tigious organizations and corporations. 106, and I am hopeful that this resolution will This funding has allowed for the restoration While these are just some of Mrs. Burke’s make it to the Floor. and conservation of five Santos at the Palace significant accomplishments, on behalf of the An acknowledgment of the genocide is not of the Governor’s Fine Arts Museum, seven Congressional Black Caucus, the House of our only objective. I remain committed to en- Helmuth Naumer pastels at the New Mexico Representatives, and the State of California, suring that the U.S. Government continues to Taxation and Revenue Department, the we extend our deepest gratitude for her impor- provide direct financial assistance to Armenia. Bronson Cutter bronze statue on the Santa Fe tant contributions throughout her illustrious ca- Over the years, this aid has played a critical capitol grounds, seven paintings and etchings reer. With sincere best wishes, we congratu- role in the economic and political advance- in the Taos public schools, and seven murals late Mrs. Burke upon her retirement from elec- ment of the Armenian people. This year I have in the Ilfeld Auditorium at Highlands University. tive office. We are pleased to join her many joined with my colleagues in requesting no Conservation work is currently underway on co-workers, family, friends, and associates in military aid for Azerbaijan in the FY09 Foreign public art works at New Mexico State Univer- wishing her health, happiness, and continued Operations Appropriations bill. We also have sity and Silver City, and numerous other pres- good fortune in her future endeavors. requested $70 million in economic assistance ervation projects have been conducted be- In conclusion, Yvonne Brathwaite Burke’s for Armenia and $10 million for Nagorno- cause of Kathryn’s remarkable leadership and exemplary record testifies that she is a woman Karabakh. efforts. of indomitable compassion, courage, char- Legislation passed in the 109th Congress Kathryn’s and the National New Deal Pres- acter, and faith. We believe that she will be re- and signed into law to reauthorize the Export ervation Association’s efforts culminated into membered for the beneficial changes she Import Bank included important language pro- the honoring of the 75th anniversary of the made in people’s lives. hibiting the Bank from funding railroad projects New Deal. Several meetings in our Nation’s f in the South Caucasus region that deliberately capital have taken place among many depart- COMMEMORATING THE 93RD ANNI- exclude Armenia. ments, including the Library of Congress, var- VERSARY OF THE ARMENIAN American tax dollars should not be used to ious organizations and private citizens, who GENOCIDE support efforts to isolate Armenia, and these have joined the association in this noble provisions would prevent that by ensuring that project. During 2008, various events and ac- U.S. funds are not used to support the con- tivities will be held nationwide to call attention HON. CAROLYN B. MALONEY struction of a new railway that bypasses Ar- to the New Deal and the extraordinary time in OF NEW YORK menia. A railway already exists that connects which it took place in our nation’s history. IN THE HOUSE OF REPRESENTATIVES the nations of Turkey, Georgia, and Azer- It is appropriate that I also call attention to Thursday, April 24, 2008 baijan, but because it crosses Armenia, an ex- Kathryn’s distinguished professional career. Mrs. MALONEY of New York. Madam pensive and unnecessary new railway had Earning a Master’s degree in Rehabilitation Speaker, as a proud member of the Congres- been proposed. Allowing the exclusion of Ar- Counseling/Psychology, she served the State sional Caucus on Armenian Issues, and the menia from important transportation routes of New Mexico in health and rehabilitation representative of a large and vibrant commu- would stymie the emergence of this region as services, as executive director for the Carrie nity of Armenian Americans, I rise to join my an important east-west trade corridor. Tingley Hospital and Foundation, and as exec- colleagues in the sad commemoration of the On this solemn day, our message is clear: utive director of Open Hands, Inc. She then Armenian genocide. the world remembers the Armenian genocide, became Deputy Secretary of State, where she Today we declare once again that the Turk- and the governments of Turkey and the United edited for many years the Blue Book, an in- ish and American governments must finally States must declare—once and for all—that valuable resource for such information as New acknowledge what we have long understood: they do, too. Mexico history, landscape, government, edu- that the unimaginable horror committed on f cational institutions, political leaders, Native Turkish soil in the aftermath of World War I Americans and state attractions. was, and is, an act of genocide. HONORING KATHRYN FLYNN It was in the role of editing the Blue Book The tragic events began on April 24, 1915, that Kathryn ‘‘found her true calling.’’ She when more than 200 of Armenia’s religious, HON. TOM UDALL wanted to include a piece of WPA art for inclu- political and intellectual leaders were arrested OF NEW MEXICO sion in the 1991 edition of the Blue Book, but in Constantinople and killed. Ultimately, more IN THE HOUSE OF REPRESENTATIVES it was nowhere to be found. The search for than 1.5 million Armenians were systematically this artwork led to Kathryn’s realization that Thursday, April 24, 2008 murdered at the hands of the Young Turks, much of what was created during the New and more than 500,000 more were exiled from Mr. UDALL of New Mexico. Madam Speak- Deal was being lost, not only through physical their native land. er, I rise today to congratulate Kathryn Flynn, deterioration, but also as a legacy to younger On this 93rd anniversary of the beginning of of Santa Fe, New Mexico. She is being hon- generations. Kathryn wanted to ensure that the genocide, I join with the chorus of voices ored on May 2, 2008, with its 2008 Heritage the New Deal’s history, artistic beauty, public

VerDate Mar 15 2010 10:37 Nov 03, 2010 Jkt 069102 PO 00000 Frm 00009 Fmt 0689 Sfmt 9920 E:\BR08\E24AP8.000 E24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6998 EXTENSIONS OF REMARKS, Vol. 154, Pt. 5 April 24, 2008 works and, perhaps most importantly, the en- Armenians was the first genocide of the 20th HONORING THE CAREER AND AC- couragement and hope that it created in the century, but sadly not the last. Now, in a 21st COMPLISHMENTS OF CAPTAIN minds and hearts of millions of citizens who Century rife with renewed ethnic and religious JAMES C. HOWE were out of work during the Great Depression, hatreds, the memory of the Armenian victims be preserved for posterity. must remain fresh in our minds. It was Adolf HON. HOWARD COBLE Kathryn Flynn is considered by many as our Hitler who asked his generals, after deciding OF NORTH CAROLINA nation’s leading authority on the New Deal, to brutally attack Poland in 1939, ‘‘Who still IN THE HOUSE OF REPRESENTATIVES and she is well deserving of recognition. I in- talks nowadays about the Armenians?’’ By re- Thursday, April 24, 2008 vite my colleagues to join me in congratulating membering the Armenians on this day, as well her upon receiving New Mexico’s 2008 Na- as the millions of other victims claimed by Mr. COBLE. Madam Speaker, I take this oc- tional Preservation Heritage Award. On behalf genocides worldwide, we can individually and casion to honor Captain James C. Howe for of all New Mexicans, I extend our deepest ap- collectively contribute to the prevention of fu- his service to the United States House of Rep- preciation for all Kathryn has done to protect ture atrocities and the end of genocide once resentatives and for his 27 years of service to and preserve the history and all that the New and for all. I’d like to thank the Armenian- our country in the United States Coast Guard. Deal created for generations to come. American community and the millions of oth- Captain Howe was assigned as Chief of the f ers who have worked to ensure the American Office of Coast Guard Congressional and people never forget the victims of the Arme- Governmental Affairs in July 2005, and I am HONORING THE PHILADELPHIA nian genocide. proud to have had the opportunity to work PROGRAM OF VITAS INNOVATIVE closely with him. In my leadership roles on the HOSPICE CARE f Coast Guard and Maritime Transportation Subcommittee and in numerous other venues, HON. JIM GERLACH STATEMENT ON THE 93RD ANNI- my staff and I have often relied on Captain OF PENNSYLVANIA VERSARY OF THE BEGINNING OF Howe’s knowledge and understanding of the IN THE HOUSE OF REPRESENTATIVES THE ARMENIAN GENOCIDE operational missions, the current day-to-day challenges, and the roles and responsibilities Thursday, April 24, 2008 of the United States Coast Guard. Mr. GERLACH. Madam Speaker, I rise HON. JERRY F. COSTELLO During his career he spent 11 years at sea, today to honor the outstanding community OF ILLINOIS conducted over 200 search and rescue cases, service provided by the volunteers of The IN THE HOUSE OF REPRESENTATIVES saved dozens of lives, interdicted nearly 1,000 Philadelphia Program of VITAS Innovative illegal migrants, and seized 16 drug-laden ves- Hospice Care on the occasion of their annual Thursday, April 24, 2008 sels carrying more than 75 tons of marijuana volunteer celebration dinner taking place on Mr. COSTELLO. Madam Speaker, I rise and cocaine. April 30, 2008. This annual event is part of today to honor the memory of the victims of Captain Howe began his career at the National Volunteer Appreciation Week from the Armenian genocide. United States Coast Guard Academy in New April 27 to May 3, 2008. National Volunteer London, CT, where he graduated in 1981. En- On April 24, 1915, over 200 Armenian reli- Appreciation Week was created in 1974 when sign Howe was assigned to his first unit as a gious, political, and intellectual leaders were President Richard Nixon signed an executive Deck Watch Officer aboard USCGC Active in murdered in Constantinople by the govern- order to establish the week as an annual cele- New Castle, New Hampshire, conducting ment of the Ottoman Empire. This event bration of volunteerism. search and rescue and fisheries patrols in the marked the beginning of a systematic mass VITAS Innovative Hospice Care has been a North Atlantic. He then was assigned as Exec- murder of 1.5 million Armenian people and the pioneer and leader in the hospice care move- utive Officer of USCGC Petrel in Key West, displacement of nearly 500,000 refugees. ment since 1978 and is the nation’s largest Florida, which proved to be an extremely ac- Today marks the 93rd anniversary of the be- provider of end-of-life care. The Philadelphia tion-packed tour of duty. In one drug case, his ginning of an 8 year siege against the prop- Program of VITAS, which started in 1993, has crew seized three smuggling vessels simulta- erty, dignity and lives of the Armenian people. four inpatient units and serves the five-county neously, and in another he embarked a seized Philadelphia area. We are here today to fully recognize the im- go-fast vessel to hunt down a second go-fast, More than sixty Philadelphia-area volunteers pact of this event. More than a dozen other chasing it at speeds in excess of 40 knots; his perform numerous services and serve more countries including France, Canada, Austria, crew also pulled 265 Haitian migrants off a than 350 patients a day. The volunteers are Sweden, and Greece have acknowledged small sailboat found mired in a coral reef in both young and old and provide a variety of genocide and passed resolutions similar to H. the Bahamas. services for the elderly. These services range Res. 106, commemorating those who lost their Following these assignments at sea, then- from running errands and placing reassuring lives in Armenia between 1915 and 1923. Yet, Lieutenant Howe served from 1985 to 1988 at phone calls, to spending quality time with the despite the great suffering of the Armenian the First Coast Guard District Operations Cen- elderly. The volunteers serve patients in their people, they have overcome adversity and ter in Boston, Massachusetts, as a search and own homes, in hospitals, and in nursing continue to preserve their culture, traditions, rescue coordinator; at night, he earned a mas- homes. religion and history. The United States and Ar- ter’s degree from Harvard University Extension Madam Speaker, I ask that my colleagues menia have had a strong, long-lasting relation- School. join me today in thanking The Philadelphia ship, including U.S. humanitarian and tech- Because of his genuine love of the sea and Program of VITAS volunteers for their exem- nical assistance to Armenia totaling nearly $2 expertise in Coast Guard operations, he plary service to the citizens of Southeastern billion to date. With the recent election of earned command of the newly-commissioned Pennsylvania. May their work be an inspiration President Serge Sargsian, Armenia continues USCGC Metompkin, homeported in Charles- to us all. to demonstrate a maturing democracy. Arme- ton, South Carolina. On Metompkin’s first pa- nian-American citizens have contributed to our f trol, the cutter sped 140 miles at top speed society in countless ways and the memory of across 25-foot waves to rescue three fisher- ARMENIAN GENOCIDE their ancestors deserves to be honored. Ac- men whose boat had been swamped; later, knowledging the 1915–1923 genocide as a his crew rescued several fishermen whose HON. ERIC CANTOR tragic piece of Armenian history is a stepping vessels were destroyed during the height of stone in preventing future atrocities from tak- OF VIRGINIA Hurricane Hugo. ing place around the globe. IN THE HOUSE OF REPRESENTATIVES In 1991, he was assigned as Public Affairs Madam Speaker, I urge my colleagues to Officer for the Seventh Coast Guard District in Thursday, April 24, 2008 join the in paying tribute today to those who Miami, Florida, a position he held until 1995, Mr. CANTOR. Madam Speaker, today we lost their lives in this horrible event against the and during which he acted as media spokes- remember the 1.5 million innocent victims of Armenian people and honoring the survivors man for three mass migrations, two huge oil the Armenian genocide who horrifically lost who continue to commemorate the memory of spills, a plethora of high-profile migrant and their lives 93 years ago. The tragedy of the their lost family and friends. drug cases, and the Coast Guard response to

VerDate Mar 15 2010 10:37 Nov 03, 2010 Jkt 069102 PO 00000 Frm 00010 Fmt 0689 Sfmt 9920 E:\BR08\E24AP8.000 E24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 EXTENSIONS OF REMARKS, Vol. 154, Pt. 5 6999 Hurricane Andrew. After leaving the Seventh friends of the Armenian community gather to ilies and fans across the country have come to District, then-Lieutenant Commander Howe remember April 24, 1915, when the arrest and watch the wins and losses of our Cubs. was assigned as Executive Officer aboard murder of 200 Armenian politicians, aca- Chicagoans are very excited about our USCGC Northland, homeported in Ports- demics, and community leaders in Constanti- Cubs this year, with the team playing great mouth, Virginia. nople marked the beginning of an 8-year cam- baseball and sitting in first place in the Central Due to his in-depth understanding and mas- paign of extermination against the Armenian with a record of 15–6. Manager Lou Pinella tery of naval operations, he was then detailed people by the Ottoman Empire. has done a terrific job with an outstanding as the Coast Guard Liaison to the Naval Doc- Between 1915 and 1923, approximately 1.5 complement of players, from pitchers Carlos trine Command in Norfolk, Virginia, where he million Armenians were killed and more than Zambrano, Ted Lilly, and Carlos Marmol to conceived and wrote from scratch the Coast 500,000 were exiled to the desert to die of Derrek Lee, Aramis Ramirez, newcomer Guard’s first ever tactical manual for counter thirst or starvation. The Armenian genocide Kosuke Fukudome, and last night’s hero, drug and migrant interdiction operations. Next, was the first mass murder of the 20th century, Ryan Theriot. Commander Howe earned command of the a century that was sadly to be marked by Great players have filled Cubs lore over the 270-foot cutter Tampa, homeported in Ports- many similar attempts at racial or ethnic exter- years, and we will never forget legends like mouth, Virginia, leading his crew to several mination, from the Holocaust to the Rwandan Ernie Banks, Gabby Hartnett, Ron Santo, Billy notable drug seizures and receiving the high- genocide and now the ongoing genocide in Williams, Mordecai ‘‘Three Finger’’ Brown, est readiness evaluation ever achieved for a Darfur, Sudan. Ryne Sandberg, Mark Grace, and others. like-sized cutter. While today is the day in which we solemnly Last night’s victory was hard fought, with the Following command, Commander Howe remember the victims of the Armenian geno- Cubs defeating the Rockies in 10 innings to was selected to attend the prestigious U.S. cide, I believe it is also a day in which we can earn that 10,000th victory. Madam Speaker, Marine Corps War College in Quantico, Vir- celebrate the extraordinary vitality and as the Representative of Wrigley Field and all ginia, where he earned a second master’s de- strength of the Armenian people, who have the residents of the 5th Congressional District gree and was named one of two Distinguished fought successfully to preserve their culture of Illinois, as well as hundreds of thousands of Graduates. He then served as the Deputy and identity for over a thousand years. The Chicago Cubs fans, I congratulate the Cubs Chief of the Coast Guard Office of Congres- Armenian people withstood the horrors of on this wonderful milestone. I’m looking for- sional and Governmental Affairs from 2002 genocide, two world wars, and several dec- ward to many more victories and hope to see until 2003. ades of Soviet dominance in order to establish that ‘‘W’’ flag flying at Wrigley Field throughout After this challenging assignment, Captain modern Armenia. Armenia has defiantly rebuilt the summer and fall. Howe was chosen to serve at the highest lev- itself as a nation and a society—a triumph of f els of government, working in the Office of the human spirit in the face of overwhelming ad- Vice President as a Special Advisor for home- versity. A TRIBUTE TO JUNIOUS NOR- land security, focusing on border and transpor- It is my firm belief that only by learning from FLEET, A PIONEERING ARTIST, tation issues. Finally, Captain Howe was as- and commemorating the past can we work to- MUSICIAN AND AN AMERICAN signed as the Chief of the Coast Guard’s Of- ward a future free from racial, ethnic, and reli- ORIGINAL fice of Congressional and Governmental Af- gious hate. By acknowledging the Armenian fairs. genocide and speaking out against the prin- HON. BOBBY L. RUSH Captain Howe has earned numerous military ciples by which it was conducted, we can OF ILLINOIS decorations during his 27 years of active duty, send a clear message: never again. IN THE HOUSE OF REPRESENTATIVES including the Defense Superior Service Medal, f Thursday, April 24, 2008 four Meritorious Service Medals, five Coast Guard Commendation Medals, and 12 unit CONGRATULATING THE CHICAGO Mr. RUSH. Madam Speaker, on this day it and team awards. He has also received a CUBS ON THEIR 10,000TH FRAN- is my esteemed honor to enter into the number of other honors, including the Harvard CHISE WIN RECORD a heartfelt tribute to a great artist, University Derek Bok Prize for public service, musician and a Chicagoan for most of his life, along with the Thomas Jefferson, Alex Haley, HON. RAHM EMANUEL the late Junious Norfleet. America may not and Commander Jim Simpson Awards for ex- OF ILLINOIS know Junious Norfleet’s name but they surely cellence in media and public relations. IN THE HOUSE OF REPRESENTATIVES know his music. Junious, also known as ‘‘Bud,’’ was the youngest brother of the famed This week, Captain Howe will leave his post Thursday, April 24, 2008 and retire after 27 years of honorable service Norfleet Brothers whose artistry—a skillful mix to the Coast Guard and the Nation. He will be Mr. EMANUEL. Madam Speaker, I rise of R&B, jazz and gospel—grew in popularity in missed in the United States House of Rep- today to congratulate the Chicago Cubs on the 1950s. Junious provided the jazzy, sultry resentatives. It has been my pleasure to work their 10,000th franchise victory. Last night, the but powerful voice of a tenor whose tone, skill- with Captain Howe. On behalf of all who have Cubs were away from the friendly confines of ful delivery and showmanship propelled him to also been fortunate to work with him, we wish Wrigley Field, located in the heart of the Fifth the lead of this pioneering musical group. Captain Howe, his wife Shira, and his five Congressional District, and beat the Colorado Junious’ life on Earth ended on March 25, wonderful children (Margaret, Marc, Mary, Rockies in Denver to reach this historic mile- 2008, following complications from a stroke. James, and Iris) the best in all of their future stone. He leaves behind his wife, Janet Norfleet, Chi- endeavors. My hometown Cubbies are one of only two cago’s first female postmaster, and thousands f teams in MLB history to win 10,000 games. of adoring family members, friends and fans, This year marks the Cubs 138th season, and like me, throughout our Nation. IN RECOGNITION OF THE 93RD AN- 100th anniversary of our last World Series As a fan and admirer of Junious Norfleet, NIVERSARY OF THE ARMENIAN Championship, but like all Cubs fans, I have when I think of his life as an African American GENOCIDE faith that this is our year. in these United States, I think that, in many Almost 142 years ago today, the Cubs ways, it mirrors the challenges, growth and tri- HON. STEPHEN F. LYNCH played their first game in the National League umphs of our nation. Junious was born in the OF MASSACHUSETTS as the Chicago White Stockings, and they fin- town of Marion, Alabama on March 20, 1926 IN THE HOUSE OF REPRESENTATIVES ished in first place in that 1876 season. In to the union of Jake and Indiana Norfleet. He 1902, the team officially became the Cubs, was the youngest of 15 children, a ‘‘PK,’’ or Thursday, April 24, 2008 and northsiders have been rooting for our preacher’s kid, who grew up in a loving, but Mr. LYNCH. Madam Speaker, I rise today to Cubbies ever since. disciplined home in the segregated South. join with Armenians throughout the United The Cubs’ home, Wrigley Field, is located at Junious came of age enjoying his childhood. States, Armenia, and the world in commemo- 1060 W. Addison in my district, and is the old- He learned the value of hard work while living rating the 93rd anniversary of the Armenian est National League ballpark and second old- in a large, rural environment where he was re- genocide, one of the darkest episodes in Eu- est in the majors. Countless memories have sponsible for the care and upkeep of his own rope’s recent past. This week, members and been created at Wrigley Field as Chicago fam- portion of land. There, his parents grew sweet

VerDate Mar 15 2010 10:37 Nov 03, 2010 Jkt 069102 PO 00000 Frm 00011 Fmt 0689 Sfmt 9920 E:\BR08\E24AP8.000 E24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 7000 EXTENSIONS OF REMARKS, Vol. 154, Pt. 5 April 24, 2008 potatoes, cotton and other produce and he re- group. In 1957, they won the first place prize the Alamo, and San Jacinto. The war was not counted many days of happiness from enjoy- on the Morris B. Sikes Amateur Hour, a local between Anglos and Hispanics, it was a strug- ing something as simple and refreshing as wa- television program. They appeared on several gle between all Texans and the military dicta- termelon on a hot summer day. He did share television programs and were hired to sing tel- torship in Mexico City. Texans and Tejanos with his friends, though, that no children of his evision commercials for a local auto dealer. knew then what we know now—freedom re- would ever have to perform such rigorous, In 1963, The Norfleet Brothers became the quires sacrifice. Our young people going to or manual labor. And he, indeed, delivered on host of the Emmy award-winning ‘‘Jubilee coming back from fighting in Afghanistan or that promise for his family. Showcase,’’ Chicago’s longest running tele- Iraq are very aware of this hard fact of life. With a father as a minister and the youngest vision program (1963–1984). The Norfleet Texas culture places high honors on heroes of 15 children (ten boys and five girls), the Brothers performed as the headlining act for willing to sacrifice their lives for a better life for church was always a big part of Junious’ life. 21 years! The group continued to perform at their fellow man, and Texans are known He grew up singing with his older brothers on various churches and events. They held their around the world as an honorable people who the family farm in Marion, Alabama. They annual gospel concerts at Hartzell Memorial respond to the call of duty. While our young would perform at any time, anywhere, so long United Methodist Church during the 1980s and people are answering today’s calls of duty, we as people were around to listen. Junious was early 1990s. In 1988, The Norfleet Brothers should not forget those who have bravely an- handsome and charismatic, the perfect lead celebrated their 50th Anniversary in the music swered the call in the past. for any music group. He possessed a booming business with a concert at Olivet Baptist In that spirit. I want to highlight the work by voice that made others stop and take notice. Church in Chicago. the San Jacinto Chapter of the Daughters of As word of the Norfleet Brothers’ talent began Junious is survived by his loving wife, Janet, the Texas Republic, who made the preserva- to spread, they gained their first taste of com- and by several children, grandchildren, a host tion of the San Jacinto Battleground possible mercial success by hosting a 15-minute radio of nieces and nephews, grand nieces, grand by petitioning the Legislature to purchase the program which broadcast every Saturday nephews and a legion of fans, young and old, acreage and by donating their treasury to afternoon from Stillman College in Tuscaloosa, who will miss his charming smile and his won- complete the sale in 1900. The San Jacinto Alabama. It was in Tuscaloosa where The derful voice. In addition to this reflection, Chapter of Daughters and the Texans Vet- Norfleet Brothers recorded their first record. Junious Norfleet’s legacy will live on as, in re- erans Association did tremendous work to en- As their singing abilities began to be recog- cent years, his grand nephew, Ronald sure that the legacy lived on, and the impor- nized, in 1948, after some of his older broth- Norfleet, his grand niece, Toni Reed, took the tance of the park has only expanded since ers completed tours of duty in WWII, The time to gather oral history from Junious that then. Norfleet Brothers began to travel. They sang preserves the rich musical and family legacy The park not only has the San Jacinto in churches and town halls in Tennessee, Cin- he leaves behind. Reed, a Chicago-based Monument to recognize the brave men that cinnati, Ohio and Chicago while driving across documentary film producer, is working on a defeated the military dictator General Santa the country in their cherished, fiery red Chevy. documentary feature film about her uncle’s re- Anna, it is also home to the Battleship Texas, Junious along with his brothers, Peter Young, markable life. which is a symbol of Texans’ sacrifices in Arthur and Joseph, his nephew, Wilson, cous- My prayers and best wishes are forever ex- World War I and World War II. Thankfully, in Nathaniel and their friend, George, made tended to this large and loving family. I wish through federal appropriations and state and quite a name for themselves while building an Ms. Reed and her family all the best in shar- local funding, the restoration and preservation adoring fan base. Their notoriety had a bit of ing the artistry, courage and musical gifts of of Battleship Texas is moving forward as part a downside as, after performing in Chicago, Junious ‘‘Bud’’ Norfleet with family, friends and of a multi-year effort to collect the necessary they found that their red Chevy had been sto- fans throughout the world. funding for the restoration of this great histor- ical site. The funding will help with the Battle- len. But their loss was Chicago’s gain as they f decided to make Chicago their home. ship Texas Foundation’s plans to restore the Never afraid of hard work, Junious and his SAN JACINTO DAY Battleship Texas and convert it into a mu- brothers worked a variety of jobs while con- seum. This is an important project not only to tinuing to sing. A patriotic American, like his HON. GENE GREEN honor those in our past, but to educate future brothers before him, Junious served, state- OF TEXAS Texans who may have to answer future calls to service about our tradition of defending side, in the Army from 1953 to 1956. During IN THE HOUSE OF REPRESENTATIVES this time he continued to balance love of freedom. country, love of family and a passionate desire Thursday, April 24, 2008 As part of our historical preservation efforts, to build a career in music and entertainment. Mr. GENE GREEN of Texas. Madam we are also working on the Buffalo Bayou Na- Like other talented African American artists at Speaker, I rise today to commemorate one of tional Heritage Area, which will stretch from that time, Junious and his brothers had to the most important events in Texas history. Buffalo Bayou in East End Houston to San struggle with unscrupulous record labels and Monday, April 21, Texans celebrated San Jacinto Battleground, including the Ship Chan- managers during an era when Jim Crow seg- Jacinto Day. In the past I have missed this nel and the Baytown Nature Center. The Herit- regation remained the law of the land. Still, the event because I had to be in Washington for age Area will help the history of the establish- Norfleet Brothers continued their rise to promi- votes, but this year I was able to be at home ment of the Texas republic. The restoration of nence in the 1950s with a traditional, four-part in Texas, and actually be at the battleground the Battleship Texas and the establishment of harmony gospel sound that was backed with where Sam Houston and Santa Anna fought a Buffalo Bayou National Heritage Area will go guitar. The group maintained this structure over one hundred and seventy years ago. a long way to ensure that new generations of even as gospel moved toward heavier instru- On that day in 1836, approximately 900 Texans know their tradition of bravery. mentation and more of a ‘‘shout out’’ style of Texan and Tejano volunteers overpowered a With an understanding of where they came singing, according to author Bob Marovich larger, professional Mexican army of conscript from, future Texans will continue to respond to who is writing a history of gospel in Chicago. soldiers, after defeats at Goliad and the calls to service, and Texans will continue to be Songs on which Junious was featured as lead Alamo. These outnumbered volunteers suc- respected and admired around the world. tenor included ‘‘Through it All’’ and ‘‘What a ceeded because they were fighting against tyr- f Friend We Have in Jesus.’’ According to his anny and they were fighting for their home- COMMEMORATION OF ARMENIAN wife, ‘‘Wade in the Water’’ was his favorite. land. In the words of the Texas Declaration of GENOCIDE During this time the group cut an album, ‘‘Sha- Independence, the people’s government had drach,’’ and were widely known for the song be ‘‘forcibly changed, without their consent, HON. PETER T. KING ‘‘None but the Righteous.’’ from a restricted federative republic, com- OF NEW YORK According to published reports, the cast of posed of sovereign states, to a consolidated IN THE HOUSE OF REPRESENTATIVES the group was fluid and they began touring in central military despotism.’’ the late 1940s. Over time, The Norfleet Broth- The Texas Revolution proved the bonds of Thursday, April 24, 2008 ers were joined by other family members and freedom are stronger than ethnicity, as many Mr. KING of New York. Madam Speaker, an occasional outsider and, later, the sons of Tejanos sacrificed their lives for Texas’ free- today I rise to mark the anniversary of the Ar- the original members also sang with the dom at the battles of Gonzalez, Bexar, Goliad, menian genocide which began on this date

VerDate Mar 15 2010 10:37 Nov 03, 2010 Jkt 069102 PO 00000 Frm 00012 Fmt 0689 Sfmt 9920 E:\BR08\E24AP8.000 E24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 EXTENSIONS OF REMARKS, Vol. 154, Pt. 5 7001 ninety-three years ago. From 1915–1923 the We must never forget about those in other Mayor Sandberg was profoundly committed Ottoman Empire carried out the deportation of lands who do not enjoy the freedoms found in to his family, our community, and his country. approximately 2 million Armenian men, America. We must not forget to stand for what Having lived in North Saint Paul and raised women, and children from their homeland of is right and stand beside widows, orphans, my children there, I can say the success and which 1.5 million were killed. And to this day, and our fellow brothers. well-being of our city was in large part due to neither the Ottoman nor Turkish governments Madam Speaker, today we honor the lives Bill’s hard work and his pride in serving his have been held to account for their involve- lost during the Armenian genocide and in their neighbors. Bill loved North Saint Paul and his ment. memory pledge to protect liberty and freedom constituents loved him. The 20th century witnessed some of the by preventing similar injustices in the future. All of us who worked with Bill Sandberg worst violence and atrocities in history: the at- f over the years were fortunate and blessed. tempted extermination of the Jewish people We are all better for his friendship. In the mid during the Holocaust, Tutsis slaughtering PERSONAL EXPLANATION 1980s it was Mayor Sandberg who encour- Hutus in Rwanda, Stalin’s campaign of mass aged me to stay involved in politics after I lost murder and starvation, the killing fields of HON. JAMES E. CLYBURN my first election and he created the oppor- Cambodia, and, of course, the Armenian OF SOUTH CAROLINA tunity for me to enter public life with an ap- genocide. Millions upon millions of innocent IN THE HOUSE OF REPRESENTATIVES pointment to a city committee. Even though he people were killed solely because of the color Thursday, April 24, 2008 was a Republican and I am Democrat, it didn’t of their skin, the tribe they belonged to, or the matter to Bill who always put public service Mr. CLYBURN. Madam Speaker, due to my religion they practiced. and common sense first. He went out of his attendance at the funerals of two dear friends As you know, too often in the past the world way to work with me and I am a better public in my district, I was absent for all twelve re- has stood by or looked the other way when official because of him. corded votes on Wednesday April 23, 2008 genocide was taking place. And now we see In 1987, I was elected to the North Saint (rollcalls 208–219). I wish to offer the following it happening once again in Darfur. We most Paul City Council where I served with Mayor explanations for how I would have voted. stop this horrible violence taking place in Sandberg for the next four years. After that, in Had I been present: Sudan at once and make sure genocide is On rollcall 208, the motion to adjourn, I the Minnesota State House and in Congress, never repeated anywhere around the world. would have voted ‘‘nay.’’ I have had the honor of representing North The call of ‘‘never again’’ must not just be ex- On rollcall 209, Protecting the Medicaid Saint Paul and working closely with the mayor claimed but rather acted upon. Safety Net Act of 2008, I would have voted to keep the city strong and vibrant. f ‘‘aye.’’ Bill Sandberg was also a devoted family man. His love and lifelong companion, Dolo- ARMENIAN GENOCIDE On rollcall 210, Recognizing the 60th Anni- versary of the founding of the modern State of res, was a wonderful person who Bill cared for Israel, I would have voted ‘‘aye.’’ throughout her life. Bill was also blessed by a HON. TIMOTHY WALBERG On rollcall 211, Ordering the Previous Ques- loving daughter, Karen, and son-in-law, Jack, OF MICHIGAN tion, I would have voted ‘‘aye.’’ have two wonderful children who also loved IN THE HOUSE OF REPRESENTATIVES On rollcall 212, the Rule providing for con- their grandfather very much. Thursday, April 24, 2008 sideration of SBIR/STTR Reauthorization Act, Madam Speaker, I personally feel a great I would have voted ‘‘aye.’’ personal loss with Bill’s death and I will miss Mr. WALBERG. Madam Speaker, today we On rollcall 213, the Matheson amendment, I him profoundly. He was a kind, loving man observe the anniversary of the Armenian would have voted ‘‘aye.’’ who was a blessing in my life and the lives of genocide, a tragic persecution of Armenians On rollcall 214, the Capito amendment, I the many who he served over the years. that was both a systematic and intentional eth- would have voted ‘‘aye.’’ nic cleansing. On rollcall 215, the Foster amendment, I f Before this tragedy, Armenians had only lim- would have voted ‘‘aye.’’ ited freedom living under the rule of the Otto- IN RECOGNITION OF THE WASH- On rollcall 216, motion to recommit, I would INGTON HIGH SCHOOL HATCHETS man Empire. Armenians did not have the lib- have voted ‘‘nay.’’ erties that Americans consider to be self-evi- On rollcall 217, passage of SBIR/STTR Re- dent. In particular, they were limited in public authorization Act, I would have voted ‘‘aye.’’ HON. BRAD ELLSWORTH practice of their Christian faith. Because the On rollcall 218, ordering the previous ques- OF INDIANA international community paid little attention, tion, I would have voted ‘‘aye.’’ IN THE HOUSE OF REPRESENTATIVES the conditions of Armenians deteriorated On rollcall 219, the rule providing for consid- Thursday, April 24, 2008 throughout the 1800s. eration of Coast Guard Authorization Act, I In the late 1800s, the situation became would have voted ‘‘aye.’’ Mr. ELLSWORTH. Madam Speaker, I rise worse. Ottomans began to provoke, exploit, today to congratulate Coach Gene Miller and f and murder many Armenians. Europe and the Washington High School Hatchets on their North America took notice, but were weary of CELEBRATING THE LIFE OF THE 2008 3A Division Indiana State Basketball the economic and political consequences of HONORABLE BILL SANDBERG, Championship. The title is their fifth State title intervening. MAYOR OF NORTH SAINT PAUL, in school history and was a fitting conclusion On this day in 1915, hundreds of influential MINNESOTA to an outstanding season. and important Armenians were taken from The Hatchets defeated the Fort Wayne Har- their homes, imprisoned, and stripped of their HON. BETTY McCOLLUM ding High School Hawks in the championship remaining freedoms. The Ottoman military OF MINNESOTA game by a score of 84–60, capping off an im- marched crowds of Armenians to be deported IN THE HOUSE OF REPRESENTATIVES pressive 23–2 season. or exterminated. Hundreds of thousands Ar- Their victory is the culmination of years of menians were victims of this massacre, and Thursday, April 24, 2008 hard work, dedication and sacrifice. The team an exact number of casualties is still unknown. Ms. MCCOLLUM of Minnesota. Madam and coaching staff have demonstrated out- The systematic, state-sponsored extermi- Speaker, it is with great sadness that I come standing talent and an unwavering commit- nation of these good, decent people dem- to the floor to speak about my dear friend, my ment to achieving their goals. onstrates the need for protection of individual mentor, and a tremendous Minnesota civic The Washington Hatchets are shining exam- liberties and from injustice. leader, Mayor Bill Sandberg of North Saint ples of the idea that success in life comes to Years later, Adolf Hitler referenced the Ar- Paul. Mayor Sandberg passed away earlier those who are willing to set goals and work menian genocide, ‘‘the physical destruction of this week to the great sadness to all who hard to achieve them. They are an inspiration the enemy,’’ as an example of the rest of the loved him and worked with him. For 30 years to me and everyone in the Washington, Indi- world forgetting or ignoring. My hope is that Bill served as North Saint Paul’s mayor and ana community who have followed their we can recognize these stains from the past his extraordinary leadership, warm smile and progress this season. and learn an important lesson from history. soft laugh will be missed. Go Hatchets!

VerDate Mar 15 2010 10:37 Nov 03, 2010 Jkt 069102 PO 00000 Frm 00013 Fmt 0689 Sfmt 9920 E:\BR08\E24AP8.000 E24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 7002 EXTENSIONS OF REMARKS, Vol. 154, Pt. 5 April 24, 2008 THE COMMEMORATION OF THE knows that writing a solid essay or research The Southern Delivery System would only ARMENIAN GENOCIDE paper is not easy. increase average flows and consequently the So, I think it’s appropriate to recognize the sedimentation and erosion that results in an careful effort displayed by Theresa Snyder in unappealing creek with muddy water. Where HON. EDWARD J. MARKEY does all of this poor-quality, heavy-sediment OF MASSACHUSETTS an essay published last month in the Pueblo water go? Downstream to Pueblo. Chieftain newspaper. IN THE HOUSE OF REPRESENTATIVES As Colorado Springs Utilities officials pre- Ms. Snyder is a student at Colorado College pare to launch a $1 billion project, they have Thursday, April 24, 2008 in Colorado Springs. Her topic is a proposed failed to address a serious issue that will Mr. MARKEY. Madam Speaker, I rise today water-delivery project called the Southern De- only worsen upon completion of the project. to commemorate the 93rd anniversary of the livery System, which would pipe water to that Clean-up of Fountain Creek should be first Armenian genocide. city from the Pueblo Reservoir—part of the on the list of projects to tackle. Colorado Fryingpan-Arkansas Project—with return flows Springs brings in the majority of its water In September of 1919, President Woodrow from the Western Slope of Colorado. Seventy Wilson spoke of his vision of a future Armenia. back to the Arkansas River via Fountain percent actually comes from Fryingpan-Ar- He said, ‘‘Armenia is to be redeemed . . . So Creek. kansas water storage projects across the that at last this great people, struggling Because of the complexity of the project, I Great Divide. This means fresh, crisp moun- through night after night of terror, knowing not joined others in asking the Bureau of Rec- tain water. Yet the city passes on poor-qual- when they may come out into a time when lamation to provide additional time for com- ity water and disregards the negative effects they can enjoy their rights as free people that ment on it—a request that I am happy to say the flows have on a natural ecosystem and has been granted. downstream municipality. they never dreamed they would be able to ex- Pueblo has begun to speak up and demands ercise.’’ I think Ms. Snyder’s essay, written in con- nection with a class in Western Water Policy, that Colorado Springs dam Fountain Creek The Armenian people finally have the ability to control the overall flow of the creek. A to enjoy the rights that President Wilson reflects well on her and on the quality of in- dam would control flooding as well as miti- hoped they would have so many years ago, struction at Colorado College. gate the negative effects from erosion and and for that we are all thankful. For the benefit of all our colleagues, here is sedimentation. The nights of terror that President Wilson the full text of her essay: Yet Colorado Springs Utilities has cited spoke about, the Armenian genocide, was the [From the Pueblo Chieftain, Mar. 16, 2008] cost as the primary reason for not damming the creek. How is cost an object when the first genocide of the 20th century. It was the SPRINGS NEEDS TO CORRECT FOUNTAIN CREEK PROBLEMS utility is prepared to shovel out $1.1 billion opening chapter of what was arguably the for more water? It seems selfish and unfair of (By Theresa Snyder, Colorado College most violent period of human history. In the a municipality to not only ignore a problem Student) decades following this initial genocide, the such as Fountain Creek but to propose a world witnessed genocidal acts against the First things first . . . huge project that only worsens the situation. In a time when water is becoming increas- Colorado Springs is considered the ‘‘big Jews and against the Roma in World War II, ingly scarce, Colorado Springs has failed to and subsequently in Cambodia, Rwanda, Bos- bully’’ in this ongoing water issue. It’s time explore its many options for responsible for them to take a step back. nia-Herzegovina, and in too many wars to list water use. The Springs, which has experi- First things first: Colorado Springs offi- here. Today, the world is witnessing genocide enced rapid population growth in the past 40 cials should address the issues at hand such yet again in Darfur. years, is expected to grow by an additional as Fountain Creek. They should become re- There is no more important way to commit 250,000 people by 2025. sponsible water users before they gain access ourselves to preventing the genocides of the To supplement water supply for this urban to more of the precious commodity. future than to commemorate and never forget development, a $1 billion project known as Though they may have the legal rights to the Southern Delivery System has been pro- follow through with the Southern Delivery the genocides of the past. As such, I would posed by Colorado Springs Utilities. The like to note my continuing support for House System, it’s unfair and irresponsible to ig- project includes storing water in Lake Pueb- nore the current mess and follow through finally passage of H. Res. 106, the Affirmation lo and running a 43-mile long pipeline from with a project that brings more detrimental of the United States Record on the Armenian Pueblo Dam to Colorado Springs. effects. Genocide Resolution. In my view, it is long The city, while possessing all the required f past time for the United States to officially rec- water rights to use the additional 78 million ognize the massacre of one and a half million gallons a day from Lake Pueblo, currently is NATIONAL MINORITY CANCER completing an Environmental Impact State- AWARENESS WEEK Armenians in early in the 20th century for ment as required by the National Environ- what it undeniably was: a genocide. mental Policy Act of 1969. Drafts of the Countries all around the world have adopted statement led the citizens of Pueblo to won- HON. KATHY CASTOR similar resolutions to ensure that the atrocities der about their future as downstream water OF FLORIDA committed against the Armenian people are users. IN THE HOUSE OF REPRESENTATIVES properly recognized as genocide. Canada, The focus of Pueblo’s concern is Fountain Thursday, April 24, 2008 France, Switzerland, Greece, and Poland have Creek. This watershed begins as Monument passed resolutions affirming the recognition of Creek in Colorado Springs, flows south and Ms. CASTOR. Madam Speaker, I would like joins Fountain Creek, continues to Pueblo to express my strong support of National Mi- the Armenian genocide. Properly recognizing and eventually joins the Arkansas River in the Armenian genocide here in America is es- Pueblo. nority Cancer Awareness Week. This week in- sential to ensure that all past genocides are The creek has long been used to channel creases awareness about the effects of cancer never forgotten and all future atrocities are return flow wastewater from Colorado in minority communities and is dedicated to never permitted. This House must afford the Springs. As a result of the Southern Delivery emphasizing the importance of early cancer proper recognition to the Armenian genocide. System, return flows from the city into detection. We must do so not only because of our sol- Fountain Creek would greatly increase. Today, minorities are more likely to be diag- Anyone who walks along the creek can see emn obligation to recognize those that were nosed and die from cancer in comparison to the obvious problems with erosion, sedi- the rest of the United States population. Ac- lost, but also because of our duty to those that mentation and water quality already present can still be saved. in the creekbed. Current return flows from cording to the American Cancer Society, Afri- f Colorado Springs have altered this pre- can American men have a 37 percent higher viously intermittent stream to a year-round cancer death rate than white men, and death A STUDENT’S THOUGHTFUL ESSAY flow, and are to blame for the multitude of rates for African American women are about other problems in Fountain Creek. 17 percent higher than rates for white women, HON. MARK UDALL Increased sedimentation along the creek despite the fact that African American women bed produces stretches of dirt with no trace have lower cancer incidence rates than white OF COLORADO of vegetation. Other sections of the river IN THE HOUSE OF REPRESENTATIVES have channelized as severely as 20 feet below women. Disparities in breast cancer for minority Thursday, April 24, 2008 previous flow lines. The result is a creek that looks sprawled in some areas and like a women are among the most common. Studies Mr. UDALL of Colorado. Madam Speaker, small canyon with steep, abrupt walls in oth- have highlighted that African American women every present and former college student ers. are 1.9 times more likely to be diagnosed with

VerDate Mar 15 2010 10:37 Nov 03, 2010 Jkt 069102 PO 00000 Frm 00014 Fmt 0689 Sfmt 9920 E:\BR08\E24AP8.000 E24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 EXTENSIONS OF REMARKS, Vol. 154, Pt. 5 7003 an advanced stage of breast cancer than HONORING MANAMI KITAZAWA throughout Ventura County. He founded the white women. Hispanic women are 1.4 times Marine Corps League Ventura County Detach- more likely to be diagnosed with an advanced HON. MICHAEL F. DOYLE ment 597 to help active and retired Marines. stage of breast cancer than white women. It is OF PENNSYLVANIA The restaurant he and his wife, Roseann, clear that, although there have been efforts to IN THE HOUSE OF REPRESENTATIVES purchased from Roseann’s parents in 1974 and which they renamed Paul’s Italian Villa, eliminate disparities in breast cancer related Thursday, April 24, 2008 care, substantial disparities remain. became a mainstay of community activity. Not Mr. DOYLE. Madam Speaker, I rise today to only was it a meeting place—official and unof- Today, in accordance with National Minority recognize the artistic ability of a young woman ficial—for the Marine Corps League, it served Cancer Awareness Week, I introduce, the from my Congressional District, Manami as the collection site for the annual Toys for Eliminating Disparities in Breast Cancer Treat- Kitazawa of Woodland Hills High School. Tots campaign for disadvantaged children, ment Act of 2008. This legislation will promote Manami is the winner of the 2008 14th Con- which Paul helped organize every year. the implementation of standardized health gressional District of Pennsylvania’s High In addition, the Royal High School football care practices for breast cancer patients and School Art Competition, ‘‘An Artistic Dis- team carbed down on spaghetti at the res- help to eliminate inequities based on race, covery.’’ Manami’s artwork, an intricately de- taurant and were treated to Marine cheers education, income, and health insurance sta- tailed charcoal drawing, was selected from a from Paul before every game. Like many in tus. number of outstanding entries to this year’s Simi Valley, my tie to the restaurant is also personal—my daughter, Shannon, was one of In order to eliminate unacceptable gaps in competition. Fifty works from ten different high schools were submitted to our panel of re- the many Simi Valley teens and young adults treatment quality, it is necessary that we cre- spected local artists. who found work at the restaurant. Once you ate real incentives and requirements for doc- Manami is an exchange student from Japan became part of Paul’s and Roseann’s ex- tors to provide the best care. All patients who is spending a year attending high school tended family, you never left. should receive the best treatment for their in my district in Pennsylvania. I am certain that In addition to the restaurant, Paul was build- conditions. Quality care should be provided for her family in Japan and her host family here ing a business repairing musical instruments, everyone, not just patients that know to ask in the United States are both proud of her ar- which grew out of his 1940s-style swing band, for it. tistic talents as well as this accomplishment. Paul Mole´’s Late Night Big Band. Paul played Manami’s artwork wilI represent the 14th trumpet with 19 other professional musicians f Congressional District of Pennsylvania in the at community events and professional venues. national exhibit of high school students’ art- Paul Mole´’s a man with a huge heart ac- TRIBUTE TO THE MOUNT CARMEL work that will be displayed in the United cented by a lively sense of humor and a love MISSIONARY BAPTIST CHURCH States Capitol over the coming year. I am cer- of life. He is survived by Roseann, his wife of tain Manami had no idea that one of her draw- 38 years; two grown sons, Peter and Paul; ings would hang in the U.S. Capitol when she two grandchildren; and too many friends to HON. NANCY E. BOYDA applied to study in the United States. count. Madam Speaker, I know my colleagues OF KANSAS I encourage my colleagues as well as any will join me offering our condolences to visitor to Capitol Hill to view Manami’s artwork, Roseann, Peter, Paul and the rest of the Mole´ IN THE HOUSE OF REPRESENTATIVES along with all of the other winning artwork that family, and all who knew him and called him Thursday, April 24, 2008 will be on display in the Capitol tunnel. It is a friend. amazing to walk through this corridor and see Godspeed, Paul. Mrs. BOYDA of Kansas. Madam Speaker, I the interpretation of life through the eyes of f rise to commend Mount Carmel Missionary these young artists from all across our coun- HONORING MERCY HEALTH SYS- Baptist Church of Topeka, Kansas on its one- try—and in Manami’s case, from across the TEMS FOR RECEIPT OF THE 2007 hundredth anniversary. globe. I would like to recognize all of the partici- MALCOLM BALDRIDGE NATIONAL Mount Carmel is a fixture in the city of To- pants in this year’s 14th Congressional District QUALITY AWARD peka. It has thrived within the Capital City of High School Art Competition, ‘‘An Artistic Dis- Kansas throughout many adversities, both na- covery.’’ I would like to thank these impressive HON. DONALD A. MANZULLO tional and local. The past 100 years has of- young artists for allowing us to share and cel- OF ILLINOIS fered our Midwestern State many challenges. ebrate their talents, imagination, and creativity. IN THE HOUSE OF REPRESENTATIVES The Great Depression, two World Wars and a The efforts of these students in expressing Thursday, April 24, 2008 Dustbowl to name a few. We have needed a themselves in a powerful and positive manner place of refuge when things seemed their are no less than spectacular. I hope that all of Mr. MANZULLO. Madam Speaker, I rise worst. Whatever the cause for prayer hap- these individuals continue to utilize their artis- today to honor Mercy Health System for re- pened to be, Mount Carmel’s doors have al- tic talents. and I wish them all the best of luck ceiving the highly prestigious Malcolm Baldrige ways been open to Kansans in need. They in their future endeavors. Award yesterday at a special White House have been a provider of faith, hope and com- f ceremony with the President. This award was fort . . . three products which come free and created by Congress in 1987 in honor of IN MEMORY OF PAUL MOLE´ can never be overproduced. former Commerce Secretary Malcolm Baldrige who had a passion for instilling quality and ex- I would be remiss to not mention the happi- HON. ELTON GALLEGLY cellence in U.S. products and services. The ness born within this church as well. Babies OF CALIFORNIA award recognizes those in the private sector have been baptized in recognition of life’s be- IN THE HOUSE OF REPRESENTATIVES that help improve quality and productivity. It ginnings. Countless weddings and social gath- honors U.S. companies and non-profits for or- erings have taken place within its walls. Thursday, April 24, 2008 ganizational innovation and performance ex- Friends and loved ones have gathered around Mr. GALLEGLY. Madam Speaker, I rise to cellence. to say ‘goodbye.’ pay tribute to Paul Mole´, a family man, a Ma- Mercy Health System started 18 years ago It has been a meeting point for good com- rine, an entrepreneur and a long-time friend to as a stand-alone hospital and transformed into munity members. It has been a rallying point my wife, Janice, and I, as well as our children, a vertically integrated health system with 63 who died too young this week at age 60. facilities serving 24 communities throughout for those who make up the backbone of our I met Paul more than 30 years ago while I southern Wisconsin and northern Illinois. Kansas communities. was mayor of Simi Valley, California. A retired Mercy now sees over 1 million patients annu- I offer my sincerest congratulations to Mount Marine and Purple Heart-decorated Vietnam ally, and employs 3,856 partners, 285 of Carmel Missionary Baptist Church and I truly War veteran, Paul served as the Marine bu- whom are employed physicians. Mercy has hope they are there to serve the good people gler at Veterans Day and other veteran com- added nearly $1.1 billion in industry economic of Kansas for another hundred years. munity events in Simi Valley and elsewhere sales, which has created an additional indirect

VerDate Mar 15 2010 10:37 Nov 03, 2010 Jkt 069102 PO 00000 Frm 00015 Fmt 0689 Sfmt 9920 E:\BR08\E24AP8.000 E24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 7004 EXTENSIONS OF REMARKS, Vol. 154, Pt. 5 April 24, 2008 1,200 jobs in their service area. In the 16th walks across a wooden bridge, gazes at Belle- we are not pointing fingers at Turkey. Modern District of Illinois, Mercy has a 77-bed acute- vue’s rising downtown—and then turns away. day Turkey is no more the Ottoman Empire care hospital in Harvard, Illinois, along with 17 Over the past ten years Overstreet has than today’s Germany is the Third Reich. But watched the city evolve from a bedroom health care clinics in McHenry County, Illinois. community into an urban center of sky- we must not banish the truth from the world It is obvious that Mercy Health System did scrapers and 117,000 inhabitants (the latest stage. What was done to the Armenian people not reach these achievements by resting on its population figures, according to the local was atrocious, nothing less than a crime laurels. They have met the challenge of chamber of commerce), but he’s more eager against humanity. As such, it is our responsi- growth by developing a holistic approach to to point out blackberry bushes and red-tailed bility to accurately describe what happened quality and a commitment to organizational ex- hawks. between 1915 and 1923 and admit that what cellence. Their actions back up their Four Pil- ‘‘When you’re surrounded by mountains was done to the Armenian people was geno- lars of Excellence: Quality, Service, and nature,’’ he says, ‘‘you can’t help but be cide. content.’’ Partnering, and Cost. I am impressed by their Overstreet, 60, and his wife, Barb, the As each year passes the number of sur- servant-leadership model as exemplified by firm’s CFO, spend free time hiking, vivors of the Armenian genocide diminishes Javon Bea, President and CEO of Mercy kayaking, and biking around the area. While further. And while there is nothing that can be Health System. new businesses are cropping up quickly, done to alter the past, we can and should en- Madam Speaker, I am proud to represent most office buildings are still enveloped by sure that generations to come know how the the employees and the patients of the Mercy greenery—the city boasts 90 parks and 50 Armenian people suffered at the hands of the Health System. They richly deserve to share miles of trail. ‘‘Taxes [including a 0.1496% Ottoman Empire. It is also important that this in the high honor of the Malcolm Baldrige business tax on gross receipts] and property day be marked to commemorate the survivors costs are high,’’ says Overstreet, ‘‘but it’s a Award. premium for the living conditions.’’ of the Armenian genocide so that their fight for f The median home sale price hovers at survival is honored and revered rather than $500,000 (the metro area averages about forgotten and ignored. BELLEVUE: THE #1 CITY IN $400,000), but Bellevue, lying 20 minutes from Madam Speaker, I ask that all of my col- AMERICA FOR SMALL BUSINESS Seattle, also boasts low crime rates, great leagues to join me in commemorating the sur- schools, and excellent health care. Nearly vivors of the Armenian genocide on its 93rd HON. DAVID G. REICHERT 60% of locals over 25 have at least a bach- anniversary. OF WASHINGTON elor’s degree. The city expects to add 15,500 jobs by 2010, up 11.5% from 2006. Bellevue’s f IN THE HOUSE OF REPRESENTATIVES strategic location helps tire growth. GMI, INTRODUCTION RESOLUTION Thursday, April 24, 2008 whose revenue rose from $6 million in 2002 to REGARDING TSA RAIL SECURITY Mr. REICHERT. Madam Speaker, I rise to $28 million last year, is based near its sup- pliers—Hitachi, Symantec, Sun Micro- congratulate the City of Bellevue, Washington, systems—as well as customers such as Boe- HON. SHEILA JACKSON-LEE for being named the best place in the Nation ing and Starbucks. OF TEXAS to live and launch a business by Fortune ‘‘Many of our employees came from our IN THE HOUSE OF REPRESENTATIVES Small Business. Anyone who has visited in the clients,’’ Overstreet says. past decade couldn’t help but notice the abun- The city is also a font of tech talent, Thursday, April 24, 2008 thanks to the Microsoft campus in nearby dance of construction cranes throughout the Ms. JACKSON-LEE of Texas. Madam downtown area. They would also quickly real- Redmond. Many former Microsofties have launched startups in Bellevue. Current em- Speaker, I rise today to introduce a resolution ize that Bellevue embodies the true spirit of ployees pour wealth into a growing service regarding the role of the Transportation Secu- American innovation. I’m proud to represent sector. rity Administration in securing our Nation’s rail this city that lies within the Eighth Congres- Overstreet points out that many small and mass transit lines. This resolution reaf- sional District of Washington. businesses in Bellevue operate globally—not firms the Congressional mandate provided for Bellevue is a worthy recipient of this honor, surprising considering that 40% of the popu- in the Implementing Recommendations of the with its growing downtown and natural beauty lation is nonwhite or foreign-born. ‘‘We do 9/11 Commission Act of 2007 that the Trans- thanks to its proximity to the Cascade Moun- have a glittering downtown now,’’ he says, ‘‘but it’s the diversity that attracts entre- portation Security Administration enhance se- tains and breathtaking Mount Rainier. Citizens curity against terrorist attack and other secu- can enjoy the 90 city parks or nearby views of preneurs like me.’’ f rity threats to our Nation’s rail and mass tran- Lake Washington. With multiple high-tech cor- sit lines. porations in the city, Bellevue draws a tal- COMMEMORATING THE SURVIVORS I am pleased to have Homeland Security ented, high-tech workforce that embodies the OF THE 93RD ANNIVERSARY OF Committee Chairman BENNIE THOMPSON, as entrepreneurial spirit that grows our economy THE ARMENIAN GENOCIDE an original cosponsor of this resolution. Chair- and creates jobs. man THOMPSON has been a leader in our ef- As we celebrate the achievements of small HON. GARY L. ACKERMAN forts to secure against terrorist threats to our businesses across the Nation during ‘‘Small Nation’s rail and mass transit lines. Business Week,’’ it is my hope that cities OF NEW YORK IN THE HOUSE OF REPRESENTATIVES Each weekday 11,300,000 passengers de- across the country follow Bellevue’s lead and pend on our Nation’s mass transit lines as a embrace their entrepreneurial spirit. Small Thursday, April 24, 2008 means of transportation. businesses are the backbone of our economy, Mr. ACKERMAN, Madam Speaker, I rise Our Nation’s mass transit lines serve as a and provide the key to our economy’s resil- today to commemorate the survivors of the Ar- target for terrorist attack as evidenced by the ience in uncertain economic times. Today, I’m menian genocide. Today marks the 93rd anni- March 11, 2004, attack on the Madrid, Spain, proud to honor the City of Bellevue for its versary of the Armenian genocide which mass transit system, the July 7, 2005, attack achievements in creating one of the finest began in 1915 and lasted until 1923. Over the on the London, England, mass transit system, places in America to live and work. course of 8 years 1.5 million Armenians in the and the July 11, 2006, attack on the Mumbai, I ask for unanimous consent to insert the Ottoman Empire were murdered and over India, mass transit system. following article into the RECORD. 500,000 were forced into exile. On this day we The Transportation Security Administration THE NO. 1 CHAMPION: BELLEVUE, WASH. ABUN- should take a moment to think of the survivors has, through the development of its National DANT TECH TALENT. GORGEOUS VIEWS. (BUT and commend them for the bravery they con- Explosives Detection Canine Team Program, COSTLY HOMES AND TAXES.) tinue to show in the face of the memories they furthered its ability to provide security against (By Mina Kimes, March 26, 2008) carry of that awful time. terrorist attacks on the Nation’s transportation BELLEVUE, WASH. (FORTUNE Small We are told to never to forget the egregious systems by preventing and protecting against Business)—Earl Overstreet, Chief Executive Officer of General Microsystems (GMI) in acts that human beings commit against other explosives threats. Bellevue, travels fewer than five times a human beings, especially when they come in It is imperative that our Nation’s rail and year for business. But he visits the Mercer the form of a calculated mass extermination of mass transit lines remain secure from terrorist Slough Nature Park, across the street from a single people. In remembering the Armenian attack as they are critical to the functioning of his office, every day on his lunch break. He genocide it is important to keep in mind that our Nation’s economy and serve as a means

VerDate Mar 15 2010 10:37 Nov 03, 2010 Jkt 069102 PO 00000 Frm 00016 Fmt 0689 Sfmt 9920 E:\BR08\E24AP8.000 E24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 EXTENSIONS OF REMARKS, Vol. 154, Pt. 5 7005 of transportation on a daily basis for millions of sets forth numerous safeguards for private of William Saroyan, I heard stories shared by hard-working Americans. property and makes unmistakably clear that grandparents from the Kezerian, Koligian and nothing in the Act abridges the rights of any f property owner (whether public or private), Abramhian families about being forced to JOURNEY THROUGH HALLOWED including the right to refrain from partici- leave their homes, the stories of the long GROUND NATIONAL HERITAGE pating in any plan, project, program, or ac- marches, and the random murders. Clearly, AREA tivity conducted within the National Herit- they believed there was a systematic ap- age Area. proach to eliminate the Armenian communities HON. FRANK R. WOLF f in places that had been their homes and farms OF VIRGINIA PERSONAL EXPLANATION for centuries. My Armenian friends believe this IN THE HOUSE OF REPRESENTATIVES systematic approach was among the first Thursday, April 24, 2008 HON. JIM COOPER genocides of the 20th century, and so do I. OF TENNESSEE Mr. WOLF. Madam Speaker, Pursuant to Around the world, in the single, longest last- the Republican guidelines on earmarks, I sub- IN THE HOUSE OF REPRESENTATIVES ing and far-reaching campaign of genocide de- mit the following statement for the RECORD re- Thursday, April 24, 2008 nial, Turkey seeks to block recognition of this travesty. It’s against the law to even mention garding S. 2739, the Consolidated National Mr. COOPER. Madam Speaker, I was ab- Resources Act, which includes the Journey sent on Tuesday, April 22, and much of the Armenian genocide in Turkey. The Arme- Through Hallowed Ground National Heritage Wednesday, April 23rd for personal reasons. nian Genocide involved the issue of man’s in- Area. Had I been present Tuesday for votes, I would justice to mankind, and it continued to occur Requesting Member: Congressman Frank have voted ‘‘yes’’ on each of the three votes throughout the 20th century in the Holocaust, Wolf. taken: H.R. 5151, H.R. 831, and H. Res. 981. Cambodia, Rwanda, Bosnia, and now in Bill Number: S. 2739. Provision: Title II, Section 2010. Had I been present Wednesday for votes, I Darfur. As leaders, we must confront this and Legal Name of Requesting Entity: Journey would have voted ‘‘no’’ on the motion to ad- not allow Turkey to continue to stand alone Through Hallowed Ground Partnership. journ and ‘‘yes’’ on both H.R. 5613 and H. and ask us to believe that the Armenian geno- Address of Requesting Entity: P.O. Box 77, Con. Res. 322. I would also have voted ‘‘yes’’ cide was not genocide. Waterford, VA 20197. on ordering the previous question and pas- Description of Request: The legislation au- sage of the rule, H. Res. 1125, and ‘‘yes’’ on In standing up to this policy of denial, we, of thorizes the appropriation of up to $1,000,000 all three amendments to H.R. 5819. course, honor the martyrs of the genocide and a year for the purpose of carrying out a man- f we encourage our Turkish allies and friends to agement plan, which must first be approved come to terms with their past. And, in a very by the secretary of Interior. The manage- 93RD ANNIVERSARY OF THE ment plan will describe comprehensive poli- powerful and significant way, we reinforce our cies, goals, strategies, and recommendations ARMENIAN GENOCIDE own vital role, as Americans, in leading the for telling the story of the Journey Through international community toward unconditional Hallowed Ground National Heritage Area HON. JIM COSTA opposition to all instances of genocide. and encouraging long-term resource protec- OF CALIFORNIA tion, enhancement, interpretation, funding, Last October, the House Foreign Affairs IN THE HOUSE OF REPRESENTATIVES management, and development of the Area. Committee passed H. Res. 106, a resolution The authorization is limited to $15 million Thursday, April 24, 2008 to recognize the Armenian genocide in the total. The legislation also requires a non-fed- eral cost share match for each dollar con- Mr. COSTA. Madam Speaker, I rise today to United States. Unfortunately, this bill has yet tributed by the federal government. The commemorate the 93rd anniversary of the to come before the full House for a vote. Sup- Partnership must also submit an annual re- start of the Armenian genocide, which was the porters of this resolution are constantly told port to the secretary for each fiscal year for first genocide of the 20th century and sadly, that now isn’t the time to recognize the geno- which the local coordinating entity receives the template for a cycle of genocide that con- cide, that scholars, not Congress, should de- federal funds under this subtitle, which tinues to this very day. specifies the performance goals and accom- termine if this event was genocide, or that It is, by any reasonable standard, estab- passage of this resolution will hurt our relation- plishments of the local coordinating entity lished history that between 1915 and 1923 the and other related information, including ship with Turkey. I could not disagree more Ottoman Empire systematically killed an esti- uses of funds and amounts of non-federal with these statements. funds leveraged in the effort. The Partner- mated 1.5 million Armenians and drove hun- ship is authorized, for the purposes of pre- dreds of thousands of others into exile from First, there is never a ‘‘right time’’ to recog- paring and implementing the approved man- their ancestral homeland. The record of this nize genocide. Ninety-three years have agement plan for the National Heritage atrocity is well documented in the United passed since the start events occurred, and Area, to use federal funds made available States Archives and has been universally ac- we cannot wait around for a convenient mo- under the legislation to make grants to po- cepted in the International Association of ment to recognize this truly catastrophic histor- litical jurisdictions, nonprofit organizations, Genocide Scholars and the broader historical and other parties within the National Herit- ical event. Secondly, the scholars have spo- age Area; enter into cooperative agreements and academic communities. ken and the historical record is clear and thor- However, there is still debate around the with or provide technical assistance to polit- oughly documented. And finally, we have seen world, including here in our Nation, on whether ical jurisdictions, nonprofit organizations, over and over again that Turkey’s warning of federal agencies, and other interested par- this incident actually qualifies as genocide. On ties; hire and compensate staff, and other April 26, 1915, the New York Times reported disastrous consequences are dramatically purposes related to the national heritage on the first reported purges of Armenians in overstated. In fact, in nearly every instance, area. Ottoman Turkey. Later in 1915, the Times ran Turkey’s bilateral trade has gone up with each The Journey Through Hallowed Ground a front page article about a report from the of the countries that have recognized the Ar- Partnership is the designated local coordi- nating entity for this national heritage area. Committee on Armenian Atrocities discussing menian genocide—including Canada, Italy, The Partnership is comprised of over 150 exactly what was happening to Armenians in France, Russia, and Belgium. partners, including every elected body with- Turkey. ‘‘The report tells of children under 15 Genocide is not something that can simply in the four-state region, including Virginia. years of age thrown into the Euphrates to be be swept under the rug and forgotten. We West Virginia, Maryland and Pennsylvania, drowned; of women forced to desert infants in need leaders around the world to not only rec- the convention and visitor associations of their arms and to leave them by the roadside each of the included 15 counties, and the di- to die; of young women and girls appropriated ognize it, but to condemn it so the world can rectors of tourism from each of the four by the Turks, thrown into harems, attacked or truly say, ‘‘Never Again.’’ The United States states. cannot continue its policy of denial regarding The legislation does not permit the Part- else sold to the highest bidder, and of men nership to use any federal funds provided murdered and tortured.’’ the Armenian genocide, and I encourage pas- under the Act to acquire any interest in real One can debate specific historical incidents, sage of H. Res. 106 to recognize the Arme- property. In addition, Section 408 of the Act but growing up in Fresno, California, the land nian genocide in our Nation.

VerDate Mar 15 2010 10:37 Nov 03, 2010 Jkt 069102 PO 00000 Frm 00017 Fmt 0689 Sfmt 9920 E:\BR08\E24AP8.000 E24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 7006 EXTENSIONS OF REMARKS, Vol. 154, Pt. 5 April 24, 2008 93RD ANNIVERSARY COMMEMO- Constantino Brumidi emigrated to the United months so as to enable the students to assist RATING THE ARMENIAN GENO- States in 1849 and took up residence in New their families with farming activities. CIDE York City where he plied his trade as a portrait The first structure solely devoted to public painter. That was soon followed by more im- education was built in 1888 and was located HON. JOSEPH CROWLEY portant commissions in St. Stephen’s Church. on Jackson Avenue. The high school, which at OF NEW YORK Those works include a fresco of the Cru- that time allowed students to attend grades 9 IN THE HOUSE OF REPRESENTATIVES cifixion as well as works depicting the Mar- and 10, was not initiated until 1906. Even tyrdom of St. Stephen and the Assumption of though the size of that first graduating class Thursday, April 24, 2008 St. Mary. But it was on a return trip from Mex- was small in number, their accomplishments Mr. CROWLEY. Madam Speaker, I rise ico that Brumidi stopped in Washington, DC were far and reaching. The first female to today to recognize and commemorate the and toured the Capitol building. He found in it graduate, Mrs. Myra Lewis (Green), became a 93rd Anniversary of the Armenian genocide. a canvass that inspired him for the remainder schoolteacher and taught in Livingston and Since being elected to the U.S. Congress, I of his life. Brumidi suggested to Quartermaster Raymondville. Mr. Brown L. Meece went on to have come to the floor of the House every General Montgomery C. Meigs that the walls attend Texas A&M University and later be- year to solemnly remember the atrocities that of the Capitol be decorated and Meigs agreed came Vice-President for both Global and Sin- began on April 24, 1915—when the Ottoman giving Brumidi the commission as well as clair Oil Companies. After graduating from Liv- government ordered the deportation of 2.5 mil- making him a captain in the cavalry. ingston High School, Mr. Ralph Feagin at- lion Armenians and oversaw the murder 1.5 Brumidi’s first work was in the meeting room tended the University of Texas and later million Armenian men, women, and children. of the House Agriculture Committee. He re- served as Executive Vice President of Electric Today, as I stand for the 10th time in rec- ceived $8 a day, but was soon given a raise Bond and Share Company in New York City ognition of the Armenian genocide, I do so to $10 a day by then Secretary of War Jeffer- and later in his life he became a partner at the with one major distinction from years past. son Davis since his work was receiving such law firm of Baker, Botts, Andrew, and Whar- This year is different because the House For- favorable mention. Along with the raise came ton. eign Affairs Committee has formally recog- further commissions in the Capitol which in- Today, Livingston High School is home to nized the Armenian genocide. Last October, clude the Apotheosis of George Washington in approximately 1200 students that attend the under the leadership of the late Chairman the dome as well as other allegories and ninth through the twelfth grade. Students at Tom Lantos, the Committee passed House scenes from American history. the school have the ability to enrich them- Resolution 106. Brumidi died in 1880 but we have the ben- selves academically, culturally, and athletically As a member of the Foreign Affairs Com- efit of seeing his work everyday we are here. by participating in many different clubs and ex- mittee, I was proud to have been a part of this And Americans who travel to our Nation’s tracurricular activities. vote. And, as a strong supporter of the Arme- Capitol can also enjoy Brumidi’s work, yet few Livingston High School has worked hard to nian community, I will be proud when the full know him or his story. That’s why I believe all prepare its students for the rigors of a college House of Representatives considers H. Res. members should support two important bills education. Additionally, Livingston High School 106. pending before the House that will honor serves as an off-campus center for Angelina In 2003, during my first visit to Armenia, I Constantino Brumidi and his work here in the College which enables the students to earn planted a tree at the genocide memorial and Capitol. The first is H.R. 1609 introduced by college credits while still in high school. paid homage to those who perished and suf- Representative BILL PASCRELL. H.R. 1609 Looking back at the 100-year history of Liv- fered. It was a somber day, just like today’s would posthumously award a Congressional ingston High School there is much to be proud anniversary of the Armenian genocide. We not Gold Medal to Constantino Brumidi and au- of. Graduates of Livingston High School have only participate in these events to remember thorize the striking of duplicate medals for sale excelled in all areas of life and made many the past, but also so we never forget. to the public. The second is H.R. 1313, intro- positive contributions to our country. We can We must never forget the horrific events duced by Representative GUS BILIRAKIS to di- rejoice, however, because with great teachers that took place 93 years ago. We must never rect the Joint Committee on the Library to ob- and administrators there are many more posi- forget those who were wrongly imprisoned, tain a statue of Constantino Brumidi for dis- tive years ahead for Livingston High School. those who suffered and died, or those who play in the Capitol Visitors Center. Both of Madam Speaker, our Nation’s high schools lost their families and loved ones. And, most these bills will honor the memory of a great are places that prepare the youth of our great importantly, we must never forget that we artist and so I ask all my colleagues to join me country to led prosperous lives, and it is an must never let such atrocities occur again. in supporting them both. honor to represent a high school that has such Madam Speaker, today, as we commemo- f a distinguished record on doing just that in the rate the 93rd Anniversary of the Armenian U.S. House of Representatives. I urge you to genocide, I urge the House to prevent history LIVINGSTON HIGH SCHOOL 100- join the in congratulating Livingston High from repeating itself by finally recognizing the YEAR CELEBRATION School on 100 years of excellence in edu- past. cating the youth of Polk County. f HON. KEVIN BRADY f OF TEXAS COMMENDING CONSTANTINO IN HONOR OF EQUAL PAY DAY IN THE HOUSE OF REPRESENTATIVES BRUMIDI Thursday, April 24, 2008 HON. AL GREEN HON. GARY L. ACKERMAN Mr. BRADY of Texas. Madam Speaker, I OF TEXAS OF NEW YORK rise today to honor and congratulate the city of IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Livingston and the Livingston Independent School District, as they celebrate the 100-year Thursday, April 24, 2008 Thursday, April 24, 2008 anniversary of Livingston High School. Since Mr. AL GREEN of Texas. Madam Speaker, Mr. ACKERMAN. Madam Speaker, I rise graduating its first class of three students in I wish to acknowledge and honor the 10 year today to pay tribute to a great artist whose 1908, Livingston High School has been a anniversary of Equal Pay Day, a national day love of liberty inspired him to adorn the United place devoted to the single purpose of edu- of recognition instituted by President Clinton in States Capitol with beautiful frescoes. That cating young people. 1998 to raise awareness about the wage dis- man, of course, is Constantino Brumidi. Since the city was established in the 1840s, parity and discrimination between men and Brumidi’s work adorns one House com- education of youths has been of great public women. mittee room and five Senate committee rooms importance. In fact, the earliest recorded free America has made some strides in nar- in the Capitol. His work also decorates the school system in Livingston was established in rowing this disparity in the workplace, but the Senate Reception room, the Office of the Vice 1849 and funded by the Trinity Masonic Lodge fight for equal pay for equal work still remains President and most notably, the President’s No. 14. Classes were held on the first floor of prevalent and pertinent today. Thirty-five years room which for many represents Brumidi’s su- the Lodge building until the late 1880s. A ago, when President Kennedy signed the preme effort. school term during that time only lasted 3 Equal Pay Act of 1963, women who worked

VerDate Mar 15 2010 10:37 Nov 03, 2010 Jkt 069102 PO 00000 Frm 00018 Fmt 0689 Sfmt 9920 E:\BR08\E24AP8.000 E24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 EXTENSIONS OF REMARKS, Vol. 154, Pt. 5 7007 full-time, year-round made 59 cents on aver- Madam Speaker, I congratulate the York- SCHEDULE FOR THE SELECT COM- age for every dollar earned by men. In 2006, Adams County Central Labor Council for its MITTEE TO INVESTIGATE THE women earned 77 cents for every dollar strong commitment to promoting safety in the VOTING IRREGULARITIES OF AU- earned by men; the figures are even more un- workplace and look forward to joining them in GUST 2 settling for women of color. This data dem- honoring injured and deceased workers every- onstrates that the wage gap has narrowed by where. less than half a cent per year. An 18 cent in- HON. WILLIAM D. DELAHUNT crease over 35 years indicates a significant f OF MASSACHUSETTS wage disparity between working men and IN THE HOUSE OF REPRESENTATIVES women that leaves a great deal of work for the RECOGNIZING GERALDINE employers and decision makers of today. ‘‘JERRE’’ MCPARTLIN Thursday, April 24, 2008 In the state of Texas, between 2004 and Mr. DELAHUNT. Madam Speaker, the Se- 2006, the average annual salary of men with HON. RAHM EMANUEL lect Committee would like to give the Mem- a college degree or more was $63,000, while bers a brief update on the activities of the Se- OF ILLINOIS their female counterparts only received an av- lect Committee to Investigate the Voting Irreg- erage annual salary of $45,000 with the same IN THE HOUSE OF REPRESENTATIVES ularities of August 2. The Select Committee credentials. In comparison, during that same Thursday, April 24, 2008 held a series of briefings and hearings de- time frame, the national average annual salary signed to inform the members of the Select for men with a college degree or more was Mr. EMANUEL. Madam Speaker, I rise Committee of the mechanics of conducting a $66,000, while their female counterparts re- today to honor Geraldine ‘‘Jerre’’ McPartlin for record vote on the House floor, the electronic ceived only $50,000. Therefore, the state of receiving ‘‘The 2008 Sister Huberta McCarthy, voting system, and the precedents and proce- Texas is about 5 percent below the national R.S.M. Woman of Mercy’’ award. Mrs. dures relevant to the voting process. The Se- average in narrowing the wage disparity be- McPartlin is the fifth woman to have the honor lect Committee has been conducting a thor- tween men and women. of receiving the ‘‘Woman of Mercy’’ award, ough investigation of rollcall 814. including the A great woman and former congresswoman and I congratulate her on this achievement. motion to reconsider that vote (rollcall 815). from Texas, Barbara Jordan once said that, ‘‘If The Select Committee has completed 18 staff the society of today allows wrongs to go un- This award has been presented by Mercy Hospital and Medical Center’s Women’s Board interviews and 4 Member interviews, perused challenged, the impression is created that almost 5000 pages of documents related to those wrongs have the approval of the major- in honor of Mrs. McPartlin’s work carrying forth the mission of Mercy Hospital throughout her rollcall 814, and engaged in discussions on ity.’’ To take the late Ms. Jordan’s advice: we possible recommendations of changes to the who live in today’s society must not allow the professional and private life. In 1852 Mercy Hospital and Medical Center rules and procedures of the House as man- wrongs created by wage discrimination con- dated by the Select Committee’s authorizing tinue to discount minorities and women. was founded as the State of Illinois’ first hos- pital and Chicago’s first chartered hospital. For resolution (House Resolution 611). In the next I ask my colleagues and employers nation- month, the Select Committee will hold two wide to take up the fight of eliminating the the last 155 years, Mercy has helped treat countless Chicagoans from all backgrounds, public hearings relative to its investigation, one wage disparity between men and women as public hearing relative to its recommendations, we all honor the 10 year anniversary of Equal income levels, and educations seeking med- ical care. and one public meeting on its final report. The Pay Day. Select Committee intends to file its final report f Jerre, as she is known to her friends and by the end of May. family, was raised on the West side of Chi- YORK-ADAMS COUNTY CENTRAL cago and educated at Resurrection Grammar f LABOR COUNCIL 19TH ANNUAL School and Siena High School by the Sisters WORKERS MEMORIAL DAY of Mercy. She began her career working with OBSERVING THE ARMENIAN the local labor movement as a business agent GENOCIDE HON. TODD RUSSELL PLATTS for the Hotel Employees and Restaurant Em- OF PENNSYLVANIA ployees Union. This union serves thousands IN THE HOUSE OF REPRESENTATIVES of workers in the hospitality and food service HON. TIMOTHY J. WALZ Thursday, April 24, 2008 industries in the Chicagoland area. In 1985 OF MINNESOTA she became the First Vice-President of the IN THE HOUSE OF REPRESENTATIVES Mr. PLATTS. Madam Speaker, I rise to Chicago Federation of Labor, and in 1995 was commend the York-Adams County Central named ‘‘Labor Woman of the Year’’ by the Thursday, April 24, 2008 Labor Council, for helping to bring safety Chicago Federation of Labor. awareness to the issue of worker safety. Mr. WALZ of Minnesota. Madam Speaker, Jerre has given her time to a long list of Every April for the past nineteen years, the today we mark a sad anniversary, the 93rd worthwhile charities, including Concern World- York-Adams Central Labor Council has cele- anniversary of the Armenian genocide, April wide USA, Misericordia, and Mercy Home for brated Workers Memorial Day by sponsoring 24, 1915 was the day that over two hundred Boys and Girls. She has been a member of public events to recognize workers who have Armenian political and intellectual leaders the Mercy Women’s Board for several years, been killed or injured on their job. were arrested by Ottoman authorities. Subse- as well as Vice President of the Women’s While the workplace fatality rate has de- quently, the systematic killing of Armenians re- Board from 2003–2005. creased significantly since the passage of the sulted in well over one million deaths. This Occupational Safety and Health Act, OSHA, in Amazingly, she has managed to give so horrible mass killing is well-recognized and 1970, we must remain vigilant in working to much of her time and energy to others while well documented, including in the United ensure that workers are employed in safe en- also being devoted to another sizable organi- States’ national archives, and it has been con- vironments. As a Member of the House Edu- zation—her family. Jerre has 12 children, 23 firmed by the International Association of cation and Labor Committee, I believe that en- grandchildren, and 8 great-grandchildren, and Genocide Scholars. suring worker safety should be one of Con- I am as impressed with the size of her family It is important to commemorate those who gress’ top priorities. as her commitment to service. lost their lives. And it is important to recognize Congress must appropriate adequate fund- Madam Speaker, because of Jerre the Armenian genocide for what it was. At the ing for OSHA so that representatives can McPartlin’s tireless commitment to our com- time, the United States government and its carry out safety inspections and enforce safety munity, she has touched the hearts and lives citizens acted with generosity and diplomatic regulations within workplaces across the Na- of thousands of Chicagoans. On behalf of the support in response to the mass killing. To- tion. It is imperative that employers under- people of the Fifth Congressional District of Il- day’s observance is a continuation of that re- stand OSHA regulations and comply accord- linois, I thank her for her service to the people sponse. And only by recognizing and studying ingly to maintain the safest work environments of Chicago and wish her the best of luck in past cases of genocide will we have a chance possible. her future endeavors. of preventing them in the future.

VerDate Mar 15 2010 10:37 Nov 03, 2010 Jkt 069102 PO 00000 Frm 00019 Fmt 0689 Sfmt 9920 E:\BR08\E24AP8.000 E24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 7008 EXTENSIONS OF REMARKS, Vol. 154, Pt. 5 April 24, 2008 93RD COMMEMORATION OF THE A large majority of our colleagues want to United States National Archives and Record ARMENIAN GENOCIDE support this resolution. Members want to reaf- Administration holds extensive records, open firm the United States’ record on the Armenian to the public, which meticulously document the HON. FRANK PALLONE, JR. genocide. Unfortunately, the strong Turkish Armenian genocide. Furthermore, the post- OF NEW JERSEY lobby is making it difficult for this House to World War I Turkish government indicted lead- IN THE HOUSE OF REPRESENTATIVES take a firm stance for the truth. ers who were involved in these killings which Recognizing the Armenian genocide will it labeled a ‘‘massacre.’’ On May 24, 1915, the Thursday, April 24, 2008 bring closure to a people and send the mes- Allied Powers of England, France, and Russia Mr. PALLONE. Madam Speaker, I rise today sage that crimes against humanity cannot be issued a statement charging the Ottoman gov- to commemorate the 93rd anniversary of the silenced. ernment of committing a ‘‘crime against hu- Armenian genocide. As the first genocide of f manity.’’ President Ronald Reagan in procla- the 20th century, it is morally imperative that mation number 4838, dated April 22, 1981, we remember this atrocity and collectively de- HONORING THE SERVICE OF DR. said, ‘‘like the genocide of the Armenians be- mand reaffirmation of this crime against hu- ERNEST MUNTZ fore it, and the genocide of the Cambodians, manity. which followed it—and like too many other In 1915, Henry Morgenthau, America’s am- HON. HEATH SHULER persecutions of too many other people—the bassador stationed in Istanbul described a OF NORTH CAROLINA lessons of the Holocaust must never be for- ‘‘systematic attempt to uproot peaceful Arme- IN THE HOUSE OF REPRESENTATIVES gotten.’’ nian populations.’’ He warned Washington of The Armenian genocide resolution is offen- Thursday, April 24, 2008 the government’s plan to ‘‘crush the Armenian sive to some simply because it characterizes race.’’ Mr. SHULER. Madam Speaker, I rise today that massacre as ‘‘genocide.’’ We do not use After these warnings from Morgenthau, the to honor the service of Dr. Ernest Muntz. Dr. that term loosely, but violence on such a tre- U.S. Government took action and responded Muntz left Wheaton College during his second mendous scale has earned that terrible title. to the Armenian genocide. During a time when year to join his fellow countrymen in defending These deaths were not caused by the inevi- hundreds of thousands were left orphaned and freedom around the globe. Seeing his country table hostility of war, but by systematic murder starving, a time when a nation was on the in peril, simultaneously fighting a war on two aimed at eliminating a people. We gain noth- verge of complete extermination, the United fronts, Dr. Muntz enlisted in the Army Air ing by pretending it was anything less. States took the lead and proudly helped end Corps in 1942 because he believed that it was The United States Holocaust Memorial Mu- these atrocities. In fact, Americans helped ‘‘the right thing to do.’’ seum includes a quote from Adolf Hitler who launch an unprecedented U.S. diplomatic, po- During Dr. Muntz’s time of service in the justified his own atrocities by saying, ‘‘[w]ho, litical and humanitarian campaign to end the Army Air Corps, he played a key role as a after all, speaks today of the annihilation of carnage and protect the survivors. cryptographer in the Pacific Theater. He re- the Armenians?’’ Shortly thereafter, the world Yet, 93 years later, the United States has ceived and deciphered messages as part of would learn of the horrors of the Holocaust. not officially recognized the Armenian geno- the Army Airways Communications System, I wonder whether the horrors of the Second cide. We owe it to the Armenian-American saving lives with each decoded message. He World War may have been averted had peo- community, to the 1.5 million that were mas- retired from the U.S. Air Force in 1975 with ple loudly and with conviction condemned the sacred in the genocide and to its own his- the rank of full Colonel. Armenian genocide of the First World War. tory—to reaffirm what is fact. After the war, Dr. Muntz decided to com- We cannot erase the events of history, and we Last October, the Foreign Affairs Committee plete his education at Wheaton College, grad- ignore them at our peril. In the United States, passed the Armenian Genocide Resolution, uating in 1948. He continued his education at we are still dealing with the consequences of giving full recognition to the genocide, but, the University of Rochester, earning his doc- slavery—a blight on our own historical record. since then, the bill has stalled due to the deep torate in history in 1960. Dr. Muntz held var- But we cannot be committed to the principle of pocketed and well oiled Turkish lobby. ious professorships and contributed his knowl- ‘‘never again’’ if we do not acknowledge the By not recognizing the Armenian genocide edge and passion for academia to institutions evil that first committed us to make that vow. for what it was, the government sponsored, of higher education. He had a distinguished f systematic killing of a people, we fall prey to career as a full professor of history at the Uni- RECOGNIZING MARIO AND JOE the Turkish government’s threats. At the ex- versity of Cincinnati and then dean of the Ray- SIMOES FOR THEIR ACCOM- pense of truth, we buckle to Turkey out of mond Walters College. PLISHMENTS geo-political convenience. I am honored to have Dr. Ernest Muntz as Refusing to recognize the Armenian geno- my constituent, and I hope that today’s gen- cide only erodes our international reputation eration of young men and women will follow HON. DEVIN NUNES OF CALIFORNIA as human rights leaders. By remaining silent, the shining example of patriotism and scholar- IN THE HOUSE OF REPRESENTATIVES we encourage Turkey to continue denial. ship that he has set. While we look the other way, the Turkish gov- f Thursday, April 24, 2008 ernment continues to prosecute those who Mr. NUNES. Madam Speaker, I am honored 93RD ANNIVERSARY OF THE speak out about the Armenian genocide in to join with my colleague, Mr. COSTA, to recog- Turkey. This cannot continue. We must stop ARMENIAN GENOCIDE nize these two brothers, Mario and Joe pandering to Turkish government. Simoes, for their accomplishments as both im- Fortunately, there are citizens of Turkey HON. LINCOLN DIAZ-BALART migrants and farmers. who refuse to deny the facts of the Armenian OF FLORIDA After the death of their mother when they genocide. The Human Rights Association of IN THE HOUSE OF REPRESENTATIVES were only 9 years old, Mario and Joe, aged Istanbul opposes the government muzzle. 15, along with their father and younger sister, Thursday, April 24, 2008 They recognize that state denial is the con- emigrated from Portugal in search of a better tinuation of genocide, depriving the decedents Mr. LINCOLN DIAZ-BALART of Florida. life for their family. Their first jobs were with of the Armenians the right to mourn their loved Madam Speaker, every year we mark the an- the Manuel Faria and Sons Dairy in California. ones. niversary of a terrible event that took place In 1970, some 20 years after coming to Amer- We cannot let denial continue. By doing so, over the years of 1915–1923, during the First ica, Mario and Joe bought their first dairy farm we show the international community that not World War, when 1.5 million Armenians were from this same family. Today, Mario and Joe, only is genocide accepted, but that we are in- slaughtered and over half a million survivors along with their extended families, own more different. Recognizing the Armenian genocide were forced to leave a homeland they had in- than 10,000 cows and farm around 3,000 is crucial to helping end the cycle of genocide habited for over two millennia. Today marks acres between them. that has continued to plague civilization. If no the 93rd anniversary of the Armenian geno- These brothers, born only 12 minutes apart, one is held accountable, if America and the cide. embody the hard work and perseverance that International community fail to act, then we I am a cosponsor of H. Res. 106, a resolu- are so emblematic of the first American immi- allow these atrocities to continue. tion which simply affirms a historical fact. The grants. They have always shared a special

VerDate Mar 15 2010 10:37 Nov 03, 2010 Jkt 069102 PO 00000 Frm 00020 Fmt 0689 Sfmt 9920 E:\BR08\E24AP8.000 E24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 EXTENSIONS OF REMARKS, Vol. 154, Pt. 5 7009 bond that has pushed them to share both their 2008 RETIREES FOR NORTH CEN- outstanding individuals for their service and in lives and livelihoods with each other. They TRAL AREA SCHOOLS, MENOM- wishing them well in their retirement. even share the same wedding anniversary, al- INEE COUNTY, MICHIGAN f though Joe was married four years after Mario. REMEMBERING VIRGINIA TECH HON. BART STUPAK AND COLUMBINE Because of their active involvement in the OF MICHIGAN agricultural community, Mario and Joe were IN THE HOUSE OF REPRESENTATIVES both named as the 2007 Dairyman of the Year HON. DENNIS J. KUCINICH Thursday, April 24, 2008 OF OHIO by the Tulare High School’s SOPAS Club. IN THE HOUSE OF REPRESENTATIVES Both brothers have served as president of the Mr. STUPAK. Madam Speaker, I rise to rec- SPDES and both are members of the TDES, ognize four dedicated educators at the North Thursday, April 24, 2008 Central Schools in Menominee County, Michi- Land O’ Lakes Tulare Division, the Dairy Mr. KUCINICH. Madam Speaker, Wednes- gan. These four individuals will be retiring at Farmers of America, and the St. John’s of Tip- day, April 16, 2008, was the anniversary of the the end of the current school year and I ask ton Men’s Club. tragic events on the campus of Virginia Tech that you, Madam Speaker, and the entire U.S. that took the lives of 32 people and wounded On April 25, Mario and Joe will be honored House of Representatives, join me in honoring many more. Sunday, April 20, 2008 marked as ‘‘Farmers of the Year’’ at the annual their decades of service to educating children. Kiwanis Luncheon in Tulare, CA. On behalf of Deborah Bedogne came to North Central the 9th anniversary of the Columbine High myself and Mr. COSTA, it is an honor to recog- Area Schools (NCA) in 1985 after teaching at School massacre. These events rank second nize their hard work and dedication to commu- Marquette Area Public Schools. She has and third among the deadliest school shoot- nity. Mario and Joe serve as a constant re- served as a guidance counselor and taught ings in the history of the United States. At the minder of the values of this Nation and the un- many different courses throughout her tenure same time, from the wreckage has emerged a breakable spirit of the American people. at North Central. Her assistance in helping strong desire to prevent violence of this mag- students choose their career path has im- nitude in the future. I am proud to be the sponsor of H.R. 808, f pacted many lives, as has her dedication to to establish a Department of Peace and Non- the district and the students. Debbie’s guid- violence, because this bill seeks to make non- L. NATHAN WINTERS RECEIVING ance will be greatly missed by the NCA com- violence an organizing principle in our society. GIRL SCOUTS AWARD OF DIS- munity. This cabinet-level department would address TINCTION Janice Hafeman started her career in edu- the myriad forms of violence that affect our cation in the North Central community with the Nation and the global community. As the dis- Northern Menominee Community School pro- asters at Columbine and Virginia Tech have HON. SOLOMON P. ORTIZ gram in 1989. She later came to North Central shown, violence has deep and lasting con- OF TEXAS Area Schools in 1994 and has served as a sequences that must be addressed by looking Teacher of Special Education and Adult Basic IN THE HOUSE OF REPRESENTATIVES at root causes and endeavoring to find pre- Education. Both in and out of the classroom ventative solutions that are both dynamic and Thursday, April 24, 2008 Janice treated all of her students with the ut- comprehensive. The Department of Peace and most respect and kindness. Mr. ORTIZ. Madam Speaker, I rise today to Donald Palmer began his career at North Nonviolence would provide a systematic tool congratulate Mr. L. Nathan Winters of Har- Central Area Schools in 2006 after serving as to accomplish this admirable goal. lingen, TX, for receiving the Award of Distinc- We can all agree that violence in our Superintendent of Hesperia Community tion from the Girl Scouts of Greater South schools, among youth and adults alike, is an Schools in Hesperia, Michigan. Although Mr. Texas. ongoing problem that must be addressed. Palmer’s time with NCA schools was short in H.R. 808 is a way to address not only violence Mr. Winters has been a valuable member of years, in was great in impact, including a col- in our schools but the violence that exists in our community and is known for his hard work umn that he wrote in the Escanaba Daily our homes, workplaces and institutions and dedication to the Girl Scouts and numer- Press about his role as superintendent of throughout our communities both nationally ous nonprofit organizations. When serving on schools. Throughout his career he has served and internationally. the board of directors he was instrumental in as a teacher, principal and a Superintendent acquiring Camp Bayview to serve girls all over at several schools throughout the State of f South Texas. He also served as president of Michigan. COMMEMORATING THE 93RD ANNI- the Girl Scouts Tip of Texas Council, which Mark Veeser was a dedicated and loyal VERSARY OF THE ARMENIAN later merged with the Paisano Council. teacher at North Central Area Schools for 31 GENOCIDE Not only is Mr. Winters dedicated to the ad- years. He has taught in the very same com- vancement of the Girl Scouts, but he is also munity that his mother, Nell Veeser, and HON. HOWARD L. BERMAN brother, Greg Veeser, also taught. His wife a remarkable husband, father, and grand- OF CALIFORNIA Barbara continues to teach there as well. Mark father. IN THE HOUSE OF REPRESENTATIVES Veeser not only shared his gift for teaching The Girl Scouts of Greater South Texas Thursday, April 24, 2008 serves more than 9,200 members in the 4- with the students of North Central Area county area, including girls in low-income pub- Schools, he also shared his gift of coaching Mr. BERMAN. Mr. Speaker, today, April lic schools, housing authorities, the Texas Mi- with hundreds of NCA students throughout the 24th, marks the 93rd anniversary of the begin- grant Council, and Boys and Girls Clubs. years. For 28 years he coached the Jets in ning of the Armenian genocide. I rise today to many capacities. The lessons he taught his commemorate this terrible chapter in human We are now in an era where more women players on and off the field will live on forever. history, and to help ensure that it will never be serve as leaders in our government, corporate Coach Veeser led the following teams: 19 forgotten. board rooms, and communities. The Girl years with Varsity Football, 7 years with Junior On April 24, 1915, the Turkish government Scouts of America have done extraordinary Varsity Football, 4 years with Girls Track, 3 began to arrest Armenian community and po- work in molding young women into positions years with Junior High & Freshman Boys Bas- litical leaders. Many were executed without where they go on to achieve great things. ketball, 3 years as a referee and one year ever being charged with crimes. Then the gov- Their mission is to build girls of courage, con- each with Junior High Girls Basketball and ernment deported most Armenians from Turk- fidence, and character, who—as women, lead- Varsity Boys Track. ish Armenia, ordering that they resettle in ers, sisters, and mothers—will make the world Madam Speaker, the dedicated men and Ottoman Syria. Many deportees never a better place. women who devote their careers to educating reached that destination. I commend the good work done by the Girl the next generation seldom receive the praise From 1915 to 1918, more than a million Ar- Scouts of America, and the Girls Scouts of they deserve. I ask that you and my col- menians died of starvation or disease on long Greater South Texas Council for awarding Mr. leagues here in the United States House of marches, or were massacred outright by Turk- L. Nathan Winters their Award of Distinction. Representatives join me in thanking these four ish forces. From 1918 to 1923, Armenians

VerDate Mar 15 2010 10:37 Nov 03, 2010 Jkt 069102 PO 00000 Frm 00021 Fmt 0689 Sfmt 9920 E:\BR08\E24AP8.000 E24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 7010 EXTENSIONS OF REMARKS, Vol. 154, Pt. 5 April 24, 2008 continued to suffer at the hands of the Turkish handed down. Since then, the very foundation human and our constitutional duty to protect military, which eventually removed all remain- of this Nation has been stained by the blood these, the least of our tiny, little American ing Armenians from Turkey. of almost 50 million of its own children. Some brothers and sisters from this murderous We mark this anniversary of the start of the of them, Madam Speaker, died and screamed scourge upon our Nation called abortion on Armenian genocide because this tragedy for as they did so, but because it was amniotic demand. the Armenian people was a tragedy for all hu- fluid passing over the vocal cords instead of It is April 24, 2008, 12,876 days since Roe manity. It is our duty to remember, to speak air, no one could hear them. v. Wade first stained the foundation of this Na- out and to teach future generations about the And all of them had at least four things in tion with the blood of its own children, this in horrors of genocide and the oppression and common. First, they were each just little ba- the land of the free and the home of the terrible suffering endured by the Armenian bies who had done nothing wrong to anyone, brave. people. and each one of them died a nameless and f We hope the day will soon come when it is lonely death. And each one of their mothers, not just the survivors who honor the dead but whether she realizes it or not, will never be CELEBRATING THE 125TH ANNI- also when those whose ancestors perpetrated quite the same. And all the gifts that these VERSARY OF BETHESDA HOS- the horrors acknowledge their terrible respon- children might have brought to humanity are PITAL IN SAINT PAUL, MN sibility and commemorate as well the memory now lost forever. Yet even in the glare of such of genocide’s victims. tragedy, this generation still clings to a blind, HON. BETTY McCOLLUM Sadly, we cannot say humanity has pro- invincible ignorance while history repeats itself OF MINNESOTA gressed to the point where genocide has be- and our own silent genocide mercilessly anni- IN THE HOUSE OF REPRESENTATIVES come unthinkable. We have only to recall the hilates the most helpless of all victims, those Thursday, April 24, 2008 ‘‘killing fields’’ of Cambodia, mass killings in yet unborn. Rwanda, ‘‘ethnic cleansing’’ in Bosnia and Madam Speaker, perhaps it’s time for those Ms. MCCOLLUM of Minnesota. Madam Kosovo, and massacres and wholesale de- of us in this Chamber to remind ourselves of Speaker, today I rise to recognize Bethesda struction of villages in Darfur to see that the why we are really all here. Thomas Jefferson Hospital on its 125th anniversary in Saint threat of genocide persists. We must renew said, ‘‘The care of human life and its happi- Paul, MN. Since its founding in 1883, this hos- our commitment never to remain indifferent in ness and not its destruction is the chief and pital has been a leader in our community in the face of such assaults on innocent human only object of good government.’’ The phrase providing quality health care services through beings. in the 14th amendment capsulizes our entire a compassionate and holistic framework. Be- We also remember this day because it is a Constitution, it says, ‘‘No State shall deprive thesda Hospital is now the largest long-term time for us to celebrate the contribution of the any person of life, liberty or property without acute care hospital in the region and has Armenian community in America—including due process of law.’’ Madam Speaker, pro- earned a national reputation for excellence hundreds of thousands in California—to the tecting the lives of our innocent citizens and and innovation in health care. richness of our character and culture. The their constitutional rights is why we are all In 1883, Bethesda Hospital was established strength they have displayed in overcoming here. by Reverend A. P. Monten, D.D., pastor of the tragedy to flourish in this country is an exam- The bedrock foundation of this Republic is first Swedish Lutheran Church in Saint Paul, ple for all of us. Their success is moving testi- the clarion declaration of the self-evident truth along with the sponsorship of the Tabitha So- mony to the truth that tyranny and evil cannot that all human beings are created equal and ciety of the Swedish Lutheran Minnesota Con- extinguish the vitality of the human spirit. endowed by their Creator with the unalienable ference. Rev. Monten and his fellow Swedish The United States has an ongoing oppor- rights of life, liberty and the pursuit of happi- Lutherans converted a single family home tunity to contribute to a true memorial to the ness. Every conflict and battle our Nation has near Lake Como in Saint Paul into a hospital past by strengthening Armenia’s emerging de- ever faced can be traced to our commitment with 20 beds to serve individuals who were mocracy. We must do all we can through aid to this core, self-evident truth. It has made us impoverished and sick. and trade to support Armenia’s efforts to con- the beacon of hope for the entire world. Today, Bethesda Hospital stays true to its struct an open political and economic system. Madam Speaker, it is who we are. deep roots, still helping those with illnesses re- With the arrogance of absolute impunity, And yet today another day has passed, and cover, regardless of their ability to pay. Be- Adolf Hitler famously urged his commanders we in this body have failed again to honor that thesda Hospital has also remained in Saint to attack Poland with no fear of history’s judg- foundational commitment. We have failed our Paul these past 125 years. It has expanded its ment because, as he put it, ‘‘Who remembers sworn oath and our God-given responsibility capacity since its modest origins, now pro- the Armenians?’’ The answer is, we do. And as we broke faith with nearly 4,000 more inno- viding 262 beds for patients, employing 740 we will continue to remember the victims of cent American babies who died today without staff, and treating about 1400 patients on an the 1915–23 genocide because, in the words the protection we should have given them. annual basis. of the philosopher George Santayana, ‘‘Those Madam Speaker, let me conclude in the Bethesda Hospital has grown greatly who cannot remember the past are con- hope that perhaps someone new who heard throughout its history. In 1892, Bethesda demned to repeat it.’’ this Sunset Memorial tonight will finally em- moved from its Lake Como neighborhood to f brace the truth that abortion really does kill lit- downtown Saint Paul at 9th and Wacouta SUNSET MEMORIAL tle babies; that it hurts mothers in ways that Streets, near the Union Depot. This new facil- we can never express; and that 12,876 days ity featured two operating rooms on the third HON. TRENT FRANKS spent killing nearly 50 million unborn children floor which were known to be the best oper- in America is enough; and that the America ating rooms in the whole state. OF ARIZONA that rejected human slavery and marched into Despite additions to Bethesda’s facility at IN THE HOUSE OF REPRESENTATIVES Europe to arrest the Nazi Holocaust is still 9th and Wacouta, it eventually outgrew that lo- Thursday, April 24, 2008 courageous and compassionate enough to cation. By 1932, after an intense fundraising Mr. FRANKS of Arizona. Madam Speaker, I find a better way for mothers and their unborn campaign to construct a new hospital, it re- stand once again before this House with yet babies than abortion on demand. opened at what is still its current home, just another Sunset Memorial. It is April 24, 2008, So tonight, Madam Speaker, may we each steps away from the State Capitol. in the land of the free and the home of the remind ourselves that our own days in this As Saint Paul and its surrounding area has brave, and before the sun sets today in Amer- sunshine of life are also numbered and that all changed over the years, Bethesda Hospital ica, almost 4,000 more defenseless unborn too soon each one of us will walk from these has also adapted to meet the community’s de- children were killed by abortion on demand. Chambers for the very last time. veloping needs. During the closing and con- That’s just today, Madam Speaker. That’s And if it should be that this Congress is al- solidation of hospitals in 1986, Bethesda more than the number of innocent lives lost on lowed to convene on yet another day to come, joined together with St. John’s and St. Jo- September 11 in this country, only it happens may that be the day when we finally hear the seph’s Hospitals to merge under the newly every day. cries of innocent unborn children. May that be created HealthEast Care system. Three years It has now been exactly 12,876 days since the day when we find the humanity, the cour- later, Bethesda was officially designated as a the tragedy called Roe v. Wade was first age, and the will to embrace together our Long-Term Acute Care Hospital to focus on

VerDate Mar 15 2010 10:37 Nov 03, 2010 Jkt 069102 PO 00000 Frm 00022 Fmt 0689 Sfmt 9920 E:\BR08\E24AP8.000 E24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 EXTENSIONS OF REMARKS, Vol. 154, Pt. 5 7011

treating patients who require extensive and as well as Congresswoman SHEILA JACKSON- representing the elderly, the disabled, the rigorous therapy to recuperate. LEE, as original cosponsors of this legislation. hearing and visually impaired, communities Bethesda Hospital is now a specialty hos- They are true leaders in the area of emer- with language and income barriers, and chil- pital serving a wide-range of patients of all gency preparedness and have been instru- dren to promote preparedness. ages and illnesses, such as student football mental in the drafting of this bill. This legislation will also create a pilot pro- players with concussions, car accident sur- If a disaster—whether large or small—oc- gram to enhance citizen preparedness at pri- vivors, and patients dealing with multiple scle- curs in a community, local responders and dis- mary and secondary schools, as well as on rosis, Alzheimer’s and Parkinson’s diseases. aster-relief organizations will be there to help, university or college campuses, by providing Bethesda Hospital’s inter-disciplinary teams of but citizens need to be ready as well. training, exercises, and public awareness trained professionals develop individualized In fact, when individual citizens, families and campaigns. treatment plans for patients that may not only communities are prepared, the fear, anxiety, Finally, my bill directs the Secretary to carry include behavioral, cognitive, occupational, and loss that accompany disasters is substan- out a public affairs campaign utilizing diverse physical, respiratory, and speech therapies, tially minimized. media outlets to get the word out to the public but also a variety of recreational therapies It is imperative that citizens know what to do to assist them in preparing for acts of ter- such as art therapy, pet therapy, and virtual in the event of an emergency and be ready to rorism and other emergencies. therapy. either shelter in place or evacuate their Addressing the issue of citizen prepared- Bethesda Hospital has been widely ac- homes. ness continues to be a major issue for our Na- claimed for its award-winning programs and People must be ready to care for their basic tion. services. In particular, the Brain Injury of Min- needs should they be displaced for a period of In fact, the National Governors’ Association nesota as well as The Commission on Accred- time. 2007 State Homeland Security Directors Sur- itation of Rehabilitation Facilities have paid As we move toward the 3-year anniversary vey, which polled the 56 State and territorial tribute to the hospital’s outstanding service in of Hurricane Katrina and the 7-year anniver- homeland security advisors, cited citizen pre- the area of brain injury. sary of 9/11, we must not lose sight of the les- paredness as one of the top 5 priorities for Building on its specialty in treating brain in- sons learned from these disasters. their States. juries, Bethesda Hospital continues to respond While I recognize that the most effective It is now time to stop paying lip service to to the serious health care needs we face. Cur- emergency preparedness programs and mes- the issue of citizen and community prepared- rently, Bethesda Hospital is collaborating with sages are delivered locally and not from ness and to start acting. the Minneapolis VA Medical Center, Min- Washington, we must ensure that the Depart- In closing Madam Speaker, let me say that nesota National Guard, the Department of De- ment of Homeland Security is working with our citizens’ lack of preparedness is often fense, and the Veterans Affairs Central Office State and local partners, providing them with cited as an impediment to an effective emer- in Washington, DC to identify ways that Be- the tools they need to get the message out. gency response. I believe this legislation will Following the tragic events that occurred on thesda Hospital can serve the veterans and in- make strides to change that fact and I urge September 11, 2001, Federal, State and local jured soldiers across our nation who are re- my colleagues to support it. government officials agreed that the formula turning from Iraq and Afghanistan. I am so for ensuring a more secure and safer home- f pleased that Bethesda Hospital plans to an- land consists of preparedness, training, and swer the call and serve our troops and vet- COMMEMORATING THE 93RD ANNI- citizen involvement in supporting first respond- erans who have served us so honorably. Be- VERSARY OF THE ARMENIAN ers. GENOCIDE thesda Hospital has the expertise to conduct As a result, the Citizen Corps Program and critical predeployment baseline cognitive skills Ready campaigns were created. testing and follow-up post deployment testing To date, with limited resources available, HON. CHRIS VAN HOLLEN to evaluate our veterans’ health conditions and over 2,000 communities in all 56 States and OF MARYLAND track their recovery. territories have established Citizen Corps IN THE HOUSE OF REPRESENTATIVES Madam Speaker, in honor of the legacy of Councils to help inform and train citizens in Thursday, April 24, 2008 caring that the dedicated donors, staff, pa- emergency preparedness, and promote vol- tients, and volunteers at Bethesda Hospital Mr. VAN HOLLEN. Madam Speaker, I rise unteerism. today to commemorate the 93rd anniversary have created, I am pleased to submit this However, I think these programs can be im- of the Armenian Genocide, in which 1.5 million statement for the CONGRESSIONAL RECORD proved. Armenian men, women, and children were recognizing the 125th anniversary of Bethesda The legislation I am introducing today for- killed by Ottoman authorities during World War Hospital. mally authorizes the Citizen Corps Program I. f and provides it with the necessary funding to On April 24, 1915, the Ottoman government INTRODUCTION OF THE CITIZEN be effective. It also authorizes key Citizen Corps compo- began its genocidal plan by arresting and mur- AND COMMUNITY PREPARED- nents administered by the Department of dering over 250 Armenian intellectuals and po- NESS ACT OF 2008 Homeland Security—Fire Corps and CERT. litical figures in Istanbul. In the interior of the Fire Corps promotes the use of volunteers Ottoman Empire, where the bulk of the Arme- HON. HENRY CUELLAR to assist fire and rescue departments in non- nian population lived, the government then ar- OF TEXAS operational roles such as fire safety outreach, rested and killed village leaders. Meanwhile, IN THE HOUSE OF REPRESENTATIVES youth programs, and administrative support. most able-bodied Armenian men, who had been conscripted into the Ottoman army, were Thursday, April 24, 2008 The Community Emergency Response Team, CERT, program concept was devel- separated into labor battalions and subse- Mr. CUELLAR. Madam Speaker, I rise today oped and implemented by the Los Angeles quently murdered. Next, in various provinces, to introduce the Citizen and Community Pre- City Fire Department in 1985 and has since gendarmes and the army massacred Arme- paredness Act of 2008, which reaffirms the spread to over 1,000 communities nationwide. nian villagers outright, while in other prov- Federal Government’s commitment to helping Under the CERT Program citizens are train- inces, the remaining Armenian population of our communities prepare for and respond to ing citizens in basic disaster response skills, women, children and the elderly were forcibly acts of terrorism, natural disasters and other such as fire safety, light search and rescue, deported over the mountains and into the emergencies. team organization, and disaster medical oper- scorching deserts of Syria, without food and I am glad to be joined today in introducing ations. water. Many of the female deportees were this bipartisan bill by the Ranking Member of As our Nation continues to glean lessons raped and killed en route, while other deport- my Subcommittee—the Subcommittee on from the catastrophic events of Hurricane ees died of starvation and dehydration. By the Emergency Communications, Preparedness Katrina, the Federal Government must ensure end of 1915 the centuries-old Armenian civili- and Response—the gentleman from Pennsyl- that preparedness efforts help our Nation’s zation of eastern Anatolia no longer existed. vania, CHARLIE DENT. most vulnerable populations. U.S. diplomats who were stationed in I am also pleased to have Homeland Secu- To that end, this legislation requires the Anatolia at the time were some of the main rity Committee Chairman BENNIE THOMPSON, Secretary to work closely with organizations eyewitnesses and chroniclers of that horrific

VerDate Mar 15 2010 10:37 Nov 03, 2010 Jkt 069102 PO 00000 Frm 00023 Fmt 0689 Sfmt 9920 E:\BR08\E24AP8.000 E24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 7012 EXTENSIONS OF REMARKS, Vol. 154, Pt. 5 April 24, 2008 period. U.S. Consul Leslie Davis, stationed in First Sergeant Mercardante’s position re- MTSU’s Hillel and helped establish Friends-in- Harput in eastern Anatolia, wrote the following quired him to serve as a leader, but leadership Faith, an interfaith group with members rep- in a cable to U.S. Ambassador Henry Morgen- came naturally. He is remembered for his love resenting almost every religion in Middle Ten- thau, dated July 24, 1915: ‘‘It has been no se- for country and ability to inspire those around nessee. cret that the plan was to destroy the Armenian him. Other Marines described him as the ‘‘pic- Prior to his unexpected passing, several race as a race, but the methods used have ture-perfect Marine.’’ community programs—Read to Succeed, Suc- been more cold-blooded and barbarous, if not Mercardante enlisted in the Marine Corps in cess by 6 and Project Pass—were estab- effective, than I had first supposed.’’ He also 1992, graduating from Parris Island as the lishing a literacy center in a space provided by wrote in this same cable: ‘‘I do not believe company honor graduate. He later served on First Baptist Church on East Main Street in there has ever been a massacre in the history a deserter apprehension team and was re- Murfreesboro. It is fitting tribute that they have of the world so general and thorough as that sponsible for apprehending more than 130 de- named the center the Lon Nuell Family Lit- which is now being perpetrated in this region serters. As a drill instructor at Marine Corps eracy Center. Lon believed in education for or that a more fiendish, diabolical scheme has Recruit Depot Parris Island. Mercardante everyone and in the strength of collaboration. been conceived in the mind of man.’’ trained more than 1,200 men, turning them Lon will be sorely missed by the community, This cable, and many others of a similar na- from civilians into Marines. Later, he served at his friends and family; wife, Christie and three ture, is housed in the U.S. National Archives Camp Lejeune, North Carolina as the training sons, but his legacy will live on. only a few blocks from the U.S. Capitol and chief and brig security for the base. He was f the White House. They provide unambiguous, assigned to the Virginia Military Institute as the AGGIE MUSTER documentary evidence of what occurred. Yet assistant Marine officer instructor and was there are those who still refuse to properly voted an honorary member of the class of HON. TED POE characterize what happened to the Armenian 2007, as well as faculty mentor of the year in OF TEXAS people during World War I as genocide. Al- 2005. IN THE HOUSE OF REPRESENTATIVES though the word ‘‘genocide’’ was not invented First Sergeant Mercardante’s personal deco- in 1915, what these diplomats described was rations include the Navy and Marine Corps Thursday, April 24, 2008 indeed genocide of a people. Commendation Medal with 3 gold stars in lieu Mr. POE. Madam Speaker, I may not ex- I am deeply disappointed that many of our of 4th award, Navy and Marine Corps actly be the biggest Texas A&M fan around. current officials avoid characterizing what oc- Achievement Medal with 1 gold star in lieu of And, I possibly ruffle a few maroon feathers curred as ‘‘genocide.’’ This avoidance does a 2nd award, and the Outstanding Volunteer from time-to-time poking fun at the Aggies. disservice to the memory of the victims and Service Medal. But, one thing I can say without a doubt is that their descendants, and hurts our moral stand- Luke was engaged to Kimberly Hull and there is no school known to man that has as ing in the world. I hope that one day soon, this planned to marry when he returned from Af- loyal a following and dedication to tradition as legislative body and the U.S. Administration ghanistan. He is survived by Kimberly, his Texas A&M. Trust me I know, I hear about will properly characterize what happened to mother Gertrude, father Patrick, brothers Pat- every little quirky thing they do from my friend the Armenian population of the Ottoman Em- rick Jr., Frank and Mark, sister Bridget and his and former case manager, Patti Chapman—or pire. children Luke II and Cailin. ‘‘Aggie Mama’’ as her license plate proudly Many of the survivors of the Armenian On behalf of the people of the United States reads, and from Congressman Louie Gohmert genocide settled in the United States. Bearing whom he served with courage and valor, we from East Texas, with his maroon boots painful physical and emotional scars, they honor and commemorate the life and service adorned with the Aggie logo. nonetheless re-established their lives here, of First Sergeant Luke J. Mercardante. You can always spot an Aggie, either from worked hard, and became proud American f their personalized license plate, their maroon citizens, thankful for the opportunity to live in pickup adorned with A&M stickers, or the freedom. Many of their descendants have be- HONORING DR. LON NUELL’S PAS- ring—don’t forget the ring! And I have yet to come leaders in the fields of science, busi- SION FOR THE ARTS AND EDU- meet an Aggie that doesn’t work in to any ness, academia, and the arts, and have CATION conversation that you are having that they are served their country bravely in military uniform. an Aggie and what year they graduated, espe- They have also created a vibrant community. HON. BART GORDON cially if you are not one. But with all their Yet they also bear the pain of what their par- OF TENNESSEE whooping and hissing, comes one tradition ents and grandparents went through and are IN THE HOUSE OF REPRESENTATIVES that I have the greatest respect for—Aggie Muster. actively engaged in the effort to seek proper Thursday, April 24, 2008 recognition of what happened to the Armenian Last week, on April 21st, Aggies all around people in 1915. Today, as we recall the Mr. GORDON of Tennessee. Madam the world paid tribute to those that have gone events of the Armenian genocide and pay Speaker, I rise today to honor my friend, Dr. before them. This time honored tradition homage to the victims, we also honor the Ar- Lon Nuell, who passed away March 12. began in June of 1883 as a reunion of sorts menian-American community for its unwaver- Leon Richard Nuell served on the of former students reliving their college days ing commitment to this human rights struggle. Murfreesboro City School Board for 12 years from the ball field to the battlefield. By 1889 it f and taught as an art professor at my alma had evolved into a celebration of Texas Inde- mater, Middle Tennessee State University, for pendence, and in 1922 it became the official HONORING THE LIFE AND SERVICE 37 years. He was up for re-election to the ceremony it is today that is held every year on OF FIRST SERGEANT LUKE J. school board this year and received nearly April 21st—San Jacinto Day—the day Texas MERCARDANTE 400 votes posthumously as a testament to his won its independence in 1836—to account for legacy. every Aggie around the world by honoring the HON. DARRELL E. ISSA Lon did many things to improve the quality ‘‘Roll Call of the Absent.’’ OF CALIFORNIA of education for children in Murfreesboro, in- According to tradition, ‘‘if there is an A&M IN THE HOUSE OF REPRESENTATIVES cluding banning the practice of corporal pun- man in one hundred miles of you, you are ex- ishment, championing full-time art teachers in pected to get together, eat a little, and live Thursday, April 24, 2008 each city school and establishing the over the days you spent at the A&M College Mr. ISSA. Madam Speaker, I rise today to Murfreesboro City Schools Foundation, an or- of Texas.’’ The most famous example of this honor the life and service of United States Ma- ganization that fundraises for local schools. edict was the Muster of 1942 under the com- rine First Sergeant Luke J. Mercardante. Lon was a founding member of Congrega- mand of General George Moore during World Luke Mercardante was the First Sergeant tion Micah in Nashville and the Tennessee War II. Amid fierce enemy fire, General Moore for Combat Logistics Battalion 24, the logistics Holocaust Museum. He facilitated the acquisi- and 25 fellow Aggies mustered in the trenches element of the 24th Marine Expeditionary Unit. tion of two exhibits to educate the public on Corregidor in the Philippines. A war cor- Luke was 35 when killed in the line of duty on through art—exhibits the Tennessee Holo- respondent observed the make-shift ceremony April 16th in Kandahar province of Afghanistan caust Museum is now releasing to tour the and the world was introduced to the Aggie while serving in Operation Iraqi Freedom. United States. Lon was the faculty advisor of spirit.

VerDate Mar 15 2010 10:37 Nov 03, 2010 Jkt 069102 PO 00000 Frm 00024 Fmt 0689 Sfmt 9920 E:\BR08\E24AP8.001 E24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 24, 2008 EXTENSIONS OF REMARKS, Vol. 154, Pt. 5 7013 During times of war, Muster is especially genthau, Sr., recorded and reported informa- They work in areas such as education, busi- poignant. Texas A&M has produced more offi- tion about these atrocities. While the calls for ness development, environment, health and cers in the United States military than even international action were soon eclipsed by the HIV/AIDS, and agriculture. They live the Mid- West Point. It has the distinction, other than tumult of World War I, the State Department’s dle East, Africa, Asia, Latin America, and West Point, of having more Medal of Honor historical records of these accounts are a re- Eastern Europe. They are both young and winners than any other university in the United markable example of the important role our seasoned, but all contribute enormous skills, States. When General George Patton was in diplomatic corps play as human rights observ- knowledge, compassion and commitment to Europe going to combat in the Third Army, he ers around the world. help people help themselves. Over the years, made a comment about the Texas Aggies and I am pleased to be a cosponsor of H. Res. Maine has contributed many volunteers to the the soldiers that he had under his command. 106, a resolution affirming the United States Peace Corps. Current Maine residents now He said, ‘‘Give me an army of West Point record on the Armenian Genocide, which calls serving are: graduates and I will win a battle. You give me for our foreign policy to reflect the U.S. record Cassandra M. Atwood in Tonga, Michael T. a handful of Texas Aggies, and I will win the relating to this painful chapter of history. As Berg in Armenia, Clarissa L. Brundage in war.’’ we mourn the victims of the Armenian geno- Togo, Selina H. Carter in Ecuador, Andrea D. The Aggies’ long tradition of duty and serv- cide and pay tribute to the survivors, let us Danielson in Gambia, Shawn C. Donohue in ice to our great nation dates back their begin- look forward to the opportunity for the House Mali, Greg N. Dorr in Malawi, Laura N. Dow in ning, to the days when A&M was an all-male to consider H. Res. 106 and stand up to those China, John M. Engler in Guatemala, Jeffrey military academy. Texas A&M trained nearly who seek to deny the genocide that took E. Frank in Belize, Rebecca B. Friedrichs in 4000 troops during World War I and over place. Togo, Joseph P. Guglielmetti in Zambia, Ben- 20,000 Aggies served in World War II, 14,000 f jamin C. Hatch in Mali, Clint O. Benslev in Ro- as officers. The entire graduating classes of mania, Richard E. Higgins in the Philippines, 1941 and 1942 enlisted in the military. The THE DAILY 45: 41 PEOPLE SHOT IN Sarah W. Holt in Ecuador, Matthew P. Krannig Aggie War Hymn was written by Aggie Marine 5 DAYS IN CHICAGO in Nicaragua, Jessica E. Lampron in South Af- J.V. ‘‘Pinky’’ Wilson while standing guard on rica, Karen A. Lee in Swaziland, Joshua D. the Rhine River during World War I and it re- HON. BOBBY L. RUSH Lincolns in Bolivia, David A. Ludman in Benin, mains the most recognizable school fight song OF ILLINOIS Ran L. Mastropaolo in the Eastern Caribbean, Joshua R. Meservey in Zambia, Matthew A. across the country—probably the world. IN THE HOUSE OF REPRESENTATIVES Today, Muster is observed in more than 400 Mowatt in Kazakhstan, Joel L. Patterson in places worldwide and this year’s ‘‘Roll Call of Thursday, April 24, 2008 Senegal, James Perlow in South Africa, Nancy the Absent’’ honored 970 people around the Mr. RUSH. Madam Speaker, the Depart- L. Sherrill in South Africa, John W. Shryock in world, including those remarkable young men ment of Justice tells us that, everyday, 45 Bulgaria, Emily E. Silver in Tanzania, Jessica and women who gave their lives for our coun- people, on average, are fatally shot in the J. Sleeper in Vanuatu, Zoe J. Underhill in Ec- try today. While this is a time to honor those United States. In light of the shocking turn of uador, Aaron A. Weiss in Moldova, Cheney J. that have died, it also is a time when Aggies, events in the last five days in Chicago, I can Wells in Costa Rica and Nicholas B. Wilson in young and old, come together to reconnect imagine a day in the near future when this Gambia. and celebrate a way of life known only to number may rise. I am proud that Maine, a small state in pop- those that proudly call themselves an Aggie. Yesterday, just seven blocks from my office, ulation, is making such a big difference in the Muster means different things to different in the heart of my own congressional district, world. My deep gratitude goes to these volun- people. Every Aggie will tell you something dif- this Southside community was left reeling be- teers for serving their country, the Peace ferent, something personal about what it cause five people—five people—were found Corps and world peace. means to them as an Aggie. One thing that is shot to death in one home! As I mentioned f consistent in every answer is their dedication yesterday, 36 people were shot in Chicago 93RD ANNIVERSARY OF THE to tradition. It is the rich heritage of tradition over a 48-hour period of time last weekend. ARMENIAN GENOCIDE that sets Texas A&M apart from all the rest. It That’s 41 people shot or killed, in only five is the Corps, the Aggie War Hymn, the 12th days, in one American city. Who will tell their Man, Midnight Yell, Bonfire, State pride, and stories? Who will care about them? HON. STENY H. HOYER OF MARYLAND as much as it pains me to say it—it’s TU. It’s Americans of conscious must come together IN THE HOUSE OF REPRESENTATIVES the Fightin’ Texas Aggie Band, Silver Taps to stop the senseless death of ‘‘The Daily 45.’’ and ‘‘Hallabaloo, Canek, Canek.’’ It’s the Junc- When will Americans say enough is enough, Thursday, April 24, 2008 tion Boys, Howdy, Gig’em, Reville, the Dixie stop the killing! Mr. HOYER. Madam Speaker, today we Chicken and of course, the ring. But above all f commemorate one of the most tragic chapters else—it’s Muster. in human history: the Armenian genocide, Gig’em Ags! 40 YEARS AFTER ITS FOUNDING, whose 93rd anniversary is marked today. And that’s just the way it is. THE PEACE CORPS CONTINUES From 1915 to 1923, officials of the Ottoman f ITS MISSION WITH STRONG SUP- Empire carried out a systematic campaign of PORT FROM MAINE COMMEMORATING THE ARMENIAN massacres and forced deportations of Arme- GENOCIDE nians from their homeland. All told, 1.5 million HON. THOMAS H. ALLEN innocent men, women and children were mur- HON. HENRY A. WAXMAN OF MAINE dered in this genocide, and 500,000 became refugees and displaced persons. OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES And sadly, we see this pattern—of geno- IN THE HOUSE OF REPRESENTATIVES Thursday, April 24, 2008 cide—repeating itself today. It is no coinci- Thursday, April 24, 2008 Mr. ALLEN. Madam Speaker, in March, we dence that on this very day of commemora- Mr. WAXMAN. Madam Speaker, each year marked the 47th anniversary of the founding tion, the news from Darfur grows only worse. on April 24, Armenian communities around the of the Peace Corps. This unique service orga- While the world’s worst humanitarian and world commemorate the start of the Armenian nization continues to fulfill its mission across human rights crisis continues to unfold, the re- genocide. This year marks the 93rd anniver- the globe, bringing people together, and en- gime in Khartoum continues to stymie the im- sary of this ominous date in history when Otto- lightening both American volunteers and the plementation of a peacekeeping force, and the man authorities began rounding up leaders of people and communities they serve. peace process has ground to a halt. From the the Armenian community. The arrests were After President John F. Kennedy estab- U.N. come frightening new figures—300,000 followed by eight years of massacres, death lished the Peace Corps, 51 Americans dead and the vast majority of the region’s pop- marches, and forced deportations to rid the stepped forward to assume the challenge to ulation, 4.27 million out of 6 million, now ‘‘seri- Ottoman Empire of its Armenian population. serve. ously affected’’ by the conflict. At the time, American diplomats, under the Today, there are over 8,000 volunteers Clearly, patterns repeat themselves. Which leadership of U.S. Ambassador Henry Mor- serving in over 74 countries around the world. is all the more reason why, in commemorating

VerDate Mar 15 2010 10:37 Nov 03, 2010 Jkt 069102 PO 00000 Frm 00025 Fmt 0689 Sfmt 9920 E:\BR08\E24AP8.001 E24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 7014 EXTENSIONS OF REMARKS, Vol. 154, Pt. 5 April 24, 2008 the 20th century’s first genocide, one cannot press of Australia, bound for England. The as the Fourrage`re of Belgium for his part in help but feel compelled to redouble our efforts ship, one of the largest transport vessels, held the liberation of Belgium. to resolve the 21st century’s first genocide— 6,800 troops. Ernie’s bunk was in the swim- On April 13, 2008, Ernest LeRoy Peterson that of Darfur. ming pool due to the lack of space. After 10 passed away at the age of 87. He is survived The Genocide Convention speaks not only days on the high seas, the unit debarked at by his wife of 57 years, Charlotte, his two chil- of addressing genocide after it has hap- the bomb-scarred city of Liverpool. dren, six grandchildren, and four great-grand- pened—but also of preventing genocide. This On June 4, 1944, General Eisenhower children. day of commemoration should remind us all spoke to Ernest and thousands of other troops Madam Speaker, I am honored to pay trib- that we have a responsibility not only to honor over a loud speaker telling them an invasion ute to Mr. Peterson and other men and the victims of genocide and their families, not of France would begin on June 6 and said, women who have given so much for our free- only a responsibility to the past, but to the fu- ‘‘Soldiers, sailors and airmen of the Allied ex- dom. Like so many other members of the ture. In the face of continuing genocide, we peditionary force, you are about to embark ‘‘Greatest Generation,’’ I urge my colleagues have a responsibility for action—not apathy. upon the great crusade, toward which we to join me in expressing my heartfelt gratitude In a July 24, 1915 cable, American Consul have striven these many months. The eyes of and sincere appreciation for the patriotic serv- Leslie Davis said of the genocide of Arme- the world are upon you. The hopes and pray- ice of Mr. Ernest LeRoy Peterson. nians, ‘‘I do not believe there has ever been ers of liberty-loving people everywhere march a massacre in the history of the world so gen- with you. . . . I have full confidence in your f eral and thorough as that which is now being courage, devotion to duty and skill in battle. perpetrated in this region or that a more fiend- We will accept nothing less than full Victory! RECOGNIZING THE RETIREMENT ish, diabolical scheme has ever been con- Good Luck! And let us all beseech the bless- OF JAMES ‘‘CHOPPY’’ SAUNDERS, ceived by the mind of man.’’ Today, those ing of Almighty God upon this great and noble PRESIDENT OF THE BOARD OF words strike us not only as tragic—but as out- undertaking.’’ TRUSTEES OF MIDDFEST INTER- dated. The troubled 20th century showed us, Ernest landed on Omaha Beach with the NATIONAL again and again and again, that the mind of 531st on June 15th, nine days after D-day. man is more than capable of such diabolical Facing fierce battles along the way, Ernest’s division first encountered the Germans at HON. JOHN A. BOEHNER schemes. OF OHIO Today, burdened by the memory of those Isigny, France. During his march to Germany, IN THE HOUSE OF REPRESENTATIVES crimes, we remember and rededicate. Today Ernest participated in the Battle of the Bulge, we return to the origin of genocide, and we which started on December 16, 1944. Three Thursday, April 24, 2008 powerful German armies with over 500,000 honor the dead. Let us find in their memory Mr. BOEHNER. Madam Speaker, I rise to men plunged into the heavily forested not only grief, but new resolution—to speedily recognize the retirement of James ‘‘Choppy’’ Ardennes region of eastern Belgium and end today’s atrocities, to prevent those of to- Saunders, a leading citizen of Middletown, northern Luxembourg. The Americans were morrow, and to punish all those who would at- Ohio and to express my appreciation for his tempt or carry out evil on such a scale. able to stop them at Malmedy. Ernest dug in his defensive position at dedication and commitment to public service. f Malmedy not more than 100 yards from where Since 1986 Choppy has given freely of his time and talents to Middfest International and TRIBUTE TO ERNEST LEROY 86 American prisoners had been massacred PETERSON by the Germans the day before. For 5 days in for that I offer him my utmost congratulations a row his unit was under air attack in Malmedy and thanks. HON. MARILYN N. MUSGRAVE by Americans who thought the city had fallen Choppy’s love for his community goes far to the Germans. Ernest eventually marched beyond his involvement with Middfest and his OF COLORADO 17 years as its General Chairman. He has IN THE HOUSE OF REPRESENTATIVES into Germany and met up with Russian sol- diers on April 17, 1945. served on many boards and commissions. He Thursday, April 24, 2008 Ernest’s unit also went to Buchenwald con- is the past President and First Vice-President Mrs. MUSGRAVE. Madam Speaker, I rise centration camp. They found piles of human of the Ohio-Kentucky-Indiana Regional Plan- today to pay tribute to the patriotic public serv- bones and piles of eyeglasses five feet tall, as ning Authority and Regional Council of Gov- ice and self sacrifice of Ernest LeRoy Peter- well as lamp shades made out of human skin. ernments, President of the Middletown Board son. The prisoners that remained were skin and of Health, President of the Middletown Area Ernest LeRoy Peterson was born on De- bone. Ernest did occupational duty as a guard Chamber of Commerce, Board Member of the cember 28, 1920, in Albert Lea, Minnesota, to at a prison in St. Marc, France, before return- Middletown Area Neediest Youth and of Oscar and Nora Peterson. He was the second ing to the United States. He received an hon- course was the first African American elected eldest son of eight children. As a child, he orable discharge from the Army on November to the Middletown City Commission. moved to the eastern plains of Colorado, 14, 1945. Choppy’s record—as a committed commu- where his family was involved in farming. For his service to this Nation, Ernest was nity man and as a good neighbor helping In August 1942, he was drafted into the awarded the Good Conduct Medal, the Amer- those in need—will leave an enduring legacy 531st Anti-Aircraft Artillery Battalion, 30th ican Campaign Medal, the European-African- in Middletown. His leadership will be missed, Army Division, as a private. He completed Middle Eastern Campaign Medal, the World but the footprint he has left will inspire many basic training at Ft. Bliss, Texas and then ad- War II Victory Medal, the Honorable Service to emulate his good works. vanced combat training at Camp Coxcomb, Lapel Button, the Sharpshooter Badge and Choppy, I offer my congratulations and grat- California. He later advanced to the rank of Rifle Bar and the Marksman Badge and Sub- itude for your long and successful career in sergeant and section chief of Squad 13, machine Gun Bar. He was also awarded the public service. I wish you well in your retire- Eighth Gun Crew. Croix de Guerre by the French for volun- ment, and I hope you continue to achieve hap- On February 12, 1944, his battalion sailed teering to go on a special mission to push the piness and success wherever your life journey out of Boston Harbor aboard the RMS Em- Germans back across the Rhine River as well may lead you.

VerDate Mar 15 2010 10:37 Nov 03, 2010 Jkt 069102 PO 00000 Frm 00026 Fmt 0689 Sfmt 9920 E:\BR08\E24AP8.001 E24AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD