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

Vol. 154 WASHINGTON, TUESDAY, APRIL 29, 2008 No. 69 Senate The Senate met at 10 a.m. and was ROBERT C. BYRD, FAA REAUTHORIZATION called to order by the Honorable ROB- President pro tempore. Mr. REID. Mr. President, the bill we ERT P. CASEY, Jr., a Senator from the Mr. CASEY of Pennsylvania there- hope to start legislating on after the Commonwealth of Pennsylvania. upon assumed the chair as Acting caucuses today is an important piece of President pro tempore. legislation, FAA reauthorization. PRAYER f Last Thursday, I met in my office The Chaplain, Dr. Barry C. Black, of- with representatives of various unions fered the following prayer: RECOGNITION OF THE MAJORITY LEADER that deal with the airline industry— Let us pray. flight attendants, mechanics, and air Eternal God, Lord in all seasons and The ACTING PRESIDENT pro tem- traffic controllers. They had some for all reasons, help us to live lives pore. The majority leader is recog- opinions as to what was going on. An that give You glory. Give us strength nized. hour or two later, I met with the chief to do our duty, to stand for right and f executive officers of the major airlines to give thanks at the remembrance of SCHEDULE in our country today. They were ter- Your holiness. Help us to seek to serve ribly concerned about what goes on. Mr. REID. Mr. President, following rather than to be served and to treat The fuel costs for these airlines is now my remarks and those of Senator others as we desire them to treat us. approaching 50 percent of their overall MCCONNELL, if he decides to make Give wisdom and discernment to our cost. I may be a few cents wrong in my some remarks today, we will proceed to Senators. Help them to find ways to illustration, but they said: We can’t a period of morning business, with Sen- lift people from vicious cycles of pov- compete. We pay $1.20 for a gallon of ators allowed to speak for up to 10 min- erty, discovering the correct balance aviation fuel. In Europe they pay 70 utes each. between personal responsibility and cents. You cannot compete because the governmental intervention. And Lord, ORDER OF PROCEDURE dollar has become so low in value we pray today for our troops in harm’s I ask unanimous consent the morn- around the world. way and we pray this prayer in Your ing business hour be extended to 12:30 This is an extremely important bill. strong Name. today, with the time to be equally di- If there were ever a time we had to Amen. vided. work in a bipartisan basis in order to f The ACTING PRESIDENT pro tem- approve legislation necessary to give PLEDGE OF ALLEGIANCE pore. Without objection, it is so or- the airline industry a chance to sur- dered. vive, then we must do it on this piece The Honorable ROBERT P. CASEY, Jr., Mr. REID. Mr. President, if I could of legislation. led the Pledge of Allegiance, as follows: say to the Chair through my distin- I pledge allegiance to the Flag of the I will work with my Republican United States of America, and to the Repub- guished friend, I asked consent that we counterpart to see if we can see a way lic for which it stands, one nation under God, be in morning business until 12:30 to of each side offering amendments. I do indivisible, with liberty and justice for all. complete our conversations with our not want to have to fill the so-called f caucuses because of the bill that is legislative tree. We have to be very coming up. careful. This is a tax bill. So I will have APPOINTMENT OF ACTING Mr. President, I ask you approve that a conversation with my colleague this PRESIDENT PRO TEMPORE consent request. morning before our caucus to see if we The PRESIDING OFFICER. The The ACTING PRESIDENT pro tem- can come up with a way to proceed on clerk will please read a communication pore. Without objection, it is so or- this legislation. It is very important to the Senate. dered. legislation. The bill clerk read the following let- Mr. REID. Following morning busi- We have so many other things to do. ter: ness, the Senate will resume consider- We have the farm bill that is com- U.S. SENATE, ation of the motion to proceed to H.R. pleted, basically, I understand. We are PRESIDENT PRO TEMPORE, 2881, the Federal Aviation Administra- going to have to go to that soon be- Washington, DC, April 29, 2008. tion Reauthorization. cause it expires the end of this week. To the Senate: As a reminder, at 11 a.m. tomorrow, We have the Consumer Products Safety Under the provisions of rule 1, paragraph 3, of the Standing Rules of the Senate, I hereby there will be a joint meeting of the Conference. That should be completed appoint the Honorable ROBERT P. CASEY, Jr., Congress in the Hall of the House of hopefully by the end of next week. We a Senator from the Commonwealth of Penn- Representatives with the Prime Min- have the budget, our budget that we sylvania, to perform the duties of the Chair. ister of Ireland, Bertie Ahern. have to complete. Fortunately, on

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

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VerDate Aug 31 2005 02:00 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A29AP6.000 S29APPT1 CCOLEMAN on PRODPC75 with SENATE S3460 CONGRESSIONAL RECORD — SENATE April 29, 2008 that, we have a statutory time to work receive it overnight and will now re- linois, you are going to hear about— toward its conclusion. view it before proceeding. We can talk whether you are going to shop in a gro- Whether we want it, there is going to again after the respective policy cery store in Springfield, as I did over have to be a discussion about fuel lunches, at midday today, about that. the weekend, or back home in church— prices, what is going on. That is the It is my expectation when we do get on and it is gas prices. It is understand- No. 1 issue facing America today. It is the bill that we, indeed, allow amend- able because this is an economic issue more important now than the housing ments. The majority leader has indi- which hits you right between the eyes market, which is so in a state of dis- cated that is his intention. Many on every time you drive down the street tress. our side would like to offer amend- and hits you right in the pocketbook So we have much to do in the next ments and there will be debate on this when you go to pay for gasoline. You few weeks, not the least of which—the bill. know what is happening with the price House is going to pass, next week, the I would also like to point out that of that commodity. You also know supplemental appropriations bill deal- while the FAA is an important agency, when something is obviously very ing with the funding of the wars in Iraq the No. 1 issue for Americans right wrong. and Afghanistan. It is no easy venture now, and their greater concern, is the In my State, the average consumer is to complete that because, as you know, price of gas at the pump. The price of paying a record $3.71 a gallon for gaso- there are certain things the President gasoline has jumped by more than $1.25 line. There are many States paying wants to have on that bill that he has a gallon since the beginning of the cur- more. Diesel fuels are even worse. The told us, in addition to the funding for rent Congress. The cost of oil has near- Illinois average now is $4.30 a gallon, the wars. ly tripled to $120 a barrel now. Accord- but in some parts of America, diesel We have had a lot of opportunity in ing to the AAA, the average price of a fuel costs as much as $5 a gallon. recent months to point fingers at each gallon of gas in Kentucky is $3.58, the Think about the trucker. Many of other. Hopefully, the next 4 weeks, highest ever. I was happy to read the them have to live on a very slight mar- until the Memorial Day recess, we can majority has tasked their chairman to gin, filling up the tank of that truck start pointing fingers to a way to com- come up with ideas to work on this they are taking down the highway and plete some of this legislation because issue, but I fear the answer that comes putting out over $900, sometimes $1,000, it is extremely important we do that. back will be the same two-word pre- to do it. For many of them, it means For example, we had to file cloture on scription that has been offered in the work extra hours, extra days, an extra this bill. I told my leadership team I past—higher taxes. week, to try to make enough to get by. met with this morning, we cannot But higher taxes will only raise the Fuel costs are approximately 21⁄2 blame that one on the Republicans be- price at the pump, not lower it. So times what they were when President cause the fact is the substitute coming while we move forward on the FAA Bush took office in 2001. What a legacy from the Finance Committee and the bill, the Senate should not forget what this President will leave, when you Commerce Committee had not been Americans are most concerned about, take a look at energy in America completed until 10 o’clock last night. the dramatic increase in pain at the today. We elect Presidents to look to So realistically we couldn’t expect Re- pump over the last year. We should be the future to plan and guide America. publicans to start legislating on that able to stipulate at the outset that In this situation, this administration, before they had the piece of legislation raising taxes as a way of addressing the which was born in the oil patch, with themselves. But they have had it now problem is not even worth serious con- both President Bush and Vice Presi- since last night. I hope, after we have sideration. dent CHENEY having their early roots had our caucuses, we can proceed to- I yield the floor. in the business of oil companies—this administration has stood by on the ward completing this legislation in f some reasonable manner. sidelines and watched the cost of en- RESERVATION OF LEADER TIME ergy rise to record levels in America, f The ACTING PRESIDENT pro tem- creating hardship not just for families MEASURE PLACED ON THE pore. Under the previous order, the and individuals but small businesses as CALENDAR—H.R. 5715 leadership time is reserved. well as trucking firms—not to mention airlines, which I will mention in more Mr. REID. Finally, it is my under- f standing that H.R. 5715 is at the desk detail in a moment. When you take a look at the oppor- and is due for a second reading. MORNING BUSINESS tunity for economic growth in Amer- The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- ica, it is tied tightly to the cost of en- pore. The clerk will read the bill by pore. Under the previous order, the ergy. This President has failed, in 7 title for the second time. Senate will proceed to a period of years, to have an energy policy that The bill clerk read as follows: morning business for up to 1 hour, with had any vision. It was predictable that A bill (H.R. 5715) to ensure continued avail- Senators permitted to speak for up to demand would increase for petroleum ability of access to the Federal student loan 10 minutes each, with the time equally program for students and families. and crude oil in countries such as divided and controlled between the two China and India; that limited resources Mr. REID. Mr. President, I object to leaders or their designees, with the ma- around the world would be taxed as any further proceedings at this time. jority controlling the first half and the these economies grew, as their demand The ACTING PRESIDENT pro tem- Republicans controlling the final half. for oil grew, and as we had to compete pore. Objection is heard. The bill will The assistant majority leader is rec- for that oil with those other countries be placed on the calendar. ognized. such as China and India. The law of f Mr. DURBIN. Mr. President, I ask supply and demand suggests that com- unanimous consent to speak in morn- petition is going to raise the price of RECOGNITION OF THE ing business. REPUBLICAN LEADER crude, and it has risen dramatically. The ACTING PRESIDENT pro tem- Many people say: Well, I suppose, be- The ACTING PRESIDENT pro tem- pore. Without objection, it is so or- cause it has now reached $120 a barrel— pore. The Republican leader is recog- dered. as it did last week—that explains the nized. f gasoline prices I am paying, the diesel GAS PRICES prices, and jet fuel prices. In fact, it Mr. MCCONNELL. Mr. President, as GAS PRICES does not. It is an oversimplification to we all know, the Senate voted unani- Mr. DURBIN. Mr. President, it is in- say that is the reason. Because be- mously last night to proceed to the teresting, the issues that touch the tween the crude oil and the product FAA bill, despite the fact, as the ma- lives of people to the point where they you buy is a refinery, an oil company jority leader indicated, at the time we bring them up to a Senator or Con- that takes the crude and converts it voted, we had not yet received the Sen- gressman. There is an issue now which, into the product we purchase. The dif- ate substitute. We did have a chance to whether you live in Pennsylvania or Il- ference in cost between the original

VerDate Aug 31 2005 02:00 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G29AP6.007 S29APPT1 CCOLEMAN on PRODPC75 with SENATE April 29, 2008 CONGRESSIONAL RECORD — SENATE S3461 barrel of crude oil and the ultimate ly know what to do with the flood of we need real leadership. We need the product is called the crack spread—the money filling their headquarters. Federal Trade Commission inves- cracking process at the refinery—and Do you think these profits are being tigating those oil companies and their that has changed dramatically. reinvested in infrastructure and in- profit taking. We need Congress to Not that long ago, the difference in creasing production to ease rising stand up on its hind legs and finally cost was $1 or $2 a gallon, in terms of prices? Are the profits being used to say ‘‘enough.’’ And would it not be a the refining process. Now it is up over make it easier for us to use alternative joy to have a President who would $40 a gallon. So the refining process— fuel in cars and trucks? The answer is wake up in the morning and look out- between the crude oil and what you no. A good portion of their profits is side the window of the White House bought at the gas station—has risen being accumulated as uninvested cash. and see something other than Bagh- dramatically in cost. Crude oil, of Cash holdings for the five supermajor dad? If he looked outside the window course, costs more. But that has risen oil companies in 2007 exceeded $52 bil- and instead saw Chicago or Boston, or dramatically. lion; money right off your credit card Miami, or Philadelphia, he would un- That explains something else, a phe- into the oil company coffers that sits derstand this American economy needs nomenon which cannot be ignored. there earning interest. That is 279 per- his attention. This is the week when America learns cent greater than it was in the year As the President comes and asks us who is making money off the high gas- 2002. Capital expenditures by the same for $108 billion more for this war in oline costs we find at the pump. I think industry for infrastructure and capac- Iraq with no end in sight, he is proud the answer is obvious: ConocoPhillips ity increased by only 81 percent. that he is going to leave office never reported 2008 profits for its first quar- Now, some people have suggested a changing this failed policy he insti- ter were up 17 percent, $4 billion in gas tax holiday; stop collecting the tuted in Iraq, and he ignores the Amer- profits for ConocoPhillips in the first 3 Federal gas tax. I will tell you in the ican economy. months of the year. first instance if American consumers A strong America begins at home. This morning, British Petroleum, are bought off with that alone, they And most Americans will tell you, it BP, announced they made $7.6 billion ought to take a second look. If there is begins at the gas pump. Give them af- in profits in the first quarter of 2008. a 3-month gas tax holiday, as has been fordable gasoline so this economy can Royal Dutch Shell announced $9.08 bil- proposed, it will mean savings to con- grow and they can afford to meet the lion in the first quarter. We are still sumers on average of about $25 to $30; costs of living which continue to in- waiting for ExxonMobil. $25 to $30 for the entire summer. Think crease dramatically under this admin- Understand, these are not the biggest about what you are paying for a tank istration. profits in the history of the oil indus- of gas. If you take off the Federal gas Unfortunately, this President has ig- try, these are the largest profits in the tax, then the money is not going into nored it. Born in the oil patch, he has history of American business, some say the Federal trust fund to build the been raised to ignore the obvious. in the history of all business through- highways, to reduce the congestion so When the oil companies are taking ob- out mankind; the largest profit taking you do not sit in traffic burning gaso- scene profits out of the wallets of ever. At whose expense? At the expense line and get to your destination. That American consumers, it not only hurts of consumers and families, small busi- is not a very good tradeoff. So the obvi- our economy, it hurts our security in nesses, truckers, airlines, and our econ- ous question is, if the national gas tax this world. omy. is to come off and give me any savings, I am glad 51 Senators have joined in That is the reality. Would you not what am I ultimately going to pay? asking President Bush to stop putting expect the President of the United Who is going to pay for the money that oil in the Strategic Petroleum Reserve States to call in the major leaders of is lost in the investment in the Federal for the remainder of this year. I wish these oil companies and say to them: highway trust fund? That, I think, is he would listen, but he has not. I hope we are going to move toward You are destroying the economy we are critical. counting on for America by your profit Last week I called on the Chairman more research and development so we taking; you are making it impossible of the Federal Trade Commission to have cars and trucks that are more fuel for this economy to grow. We are fac- launch an investigation into this mat- efficient. This administration is devoid ing a recession over the housing crisis ter. I should not have had to write that of ideas and devoid of leadership when and now you are compounding this letter. The fact that a Member of Con- it comes to this energy crisis. If this misery with your greediness and self- gress has to knock on the door and get President would get out of the White ishness and profit taking from this a little stir inside the Federal Trade House and visit any town in America economy. Commission and say: Anybody home? and ask the average person what is on That is fact. The oil companies say: Have you noticed what is going on at their mind, they would tell him: Mr. Well, the problem is we do not have gas stations across America? Why President, roll up your sleeves, focus enough refineries. If we had more, then would a Member of Congress have to on this country, bring down the cost of we would have more product and we ask the Federal Trade Commission to gasoline. Get energy prices under con- might have a smaller spread and we do their job? But they should do their trol so this economy can prosper. would not be. Let me tell you what: job. They should be taking a close look f Today, the refineries in America are at the increase in gasoline prices and AUTHORIZING LEGAL COUNSEL operating at 85 percent of capacity. Do diesel prices and jet fuel prices. REPRESENTATION This last week, the two biggest air- not buy this argument that it is about Mr. DURBIN. Mr. President, I ask lines in America, American Airlines refineries. They have more capacity. unanimous consent the Senate proceed and United Airlines, reported record They are holding back so they can keep to the immediate consideration of S. losses for the first quarter because of their product dear and limited and Res. 539 submitted earlier today by short, and so the consumers will ulti- the cost of jet fuel. In the instance of Senators REID and MCCONNELL. mately pay more. American Airlines, it was around $300 The ACTING PRESIDENT pro tem- The oil companies have been making million; United Airlines, around $500 pore. The clerk will report the resolu- money hand over fist as those oil prices million. These are serious problems. tion by title. have gone up. In 2007, the private oil United is going to lay off 1,000 people. The bill clerk read as follows: industry pocketed $155 billion in prof- That is going to hit my home State of A resolution (S. Res. 539) to authorize tes- its, out of revenues of $1.9 trillion. And Illinois and the City of Chicago. It is timony and legal representation in State of the largest integrated oil company, going to hurt us in terms of employ- Maine v. Douglas Rawlings, Jonathan Kreps, ExxonMobil, reported a profit in 2007 of ment. Other airlines are facing the James Freeman, Henry Braun, Robert $40.6 billion, record-breaking numbers. same squeeze because of jet fuel costs. Shetterly, and Dudley Hendrick. Profits for the five largest integrated It is the same issue as diesel fuel, the There being no objection, the Senate oil companies have more than quad- same issue as gasoline. proceeded to consider the resolution. rupled in 5 years. This deluge of profits If America’s economy is going to pull Mr. REID. Mr. President, this resolu- has been so great that companies hard- out of this recession and move forward, tion concerns a request for testimony

VerDate Aug 31 2005 02:00 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G29AP6.008 S29APPT1 CCOLEMAN on PRODPC75 with SENATE S3462 CONGRESSIONAL RECORD — SENATE April 29, 2008 and representation in criminal trespass evidence may be sought, in the actions ref- large family with five children and two actions in Penobscot County Court in erenced in section one of this resolution. hard-working parents. Last year their Bangor, ME. In these actions, pro- The ACTING PRESIDENT pro tem- 7-year-old son Caleb was diagnosed testers have been charged with tres- pore. The Senator from Ohio is recog- with leukemia. The doctors are opti- passing for refusing requests by the po- nized. mistic, but treatment is wildly expen- lice on March 7, 2007, to leave the Mar- f sive. Last year, Kenna Coltman, garet Chase Smith Federal Building, Caleb’s mother, left her job to work for SMALL BUSINESS EMPOWERMENT which houses a number of Federal of- her family business, a neighborhood ACT fices, including Senator SUSAN COL- grocery store. Unfortunately, this LINS’ Bangor, ME office. Trials on Mr. BROWN. Mr. President, this meant she had to search for new health charges of trespass are scheduled to week is the sixth annual Cover the Un- insurance. After a long search for pri- commence on April 29, 2008. On April insured Week. Community organiza- vate insurance, the Coltmans found an 28, 2008, a defendant subpoenaed a tions and foundations around the coun- affordable plan, but it was not sched- member of the Senator’s staff who had try will be hosting events to highlight uled to go into effect until August. By conversations with the defendant pro- the need for health reform. Across the that time, Caleb had been diagnosed testers during the charged events. Sen- Nation, we all know this: 47 million with leukemia, which was a deal break- ator COLLINS would like to cooperate people lack health insurance. In my er for the private insurer. Uninsured, by providing testimony from that staff State of Ohio, 1.2 million people, 11 per- facing a catastrophic illness, a parent’s member. This resolution would author- cent of the population, are uninsured. worst nightmare, the Coltmans had run ize that employee to testify in connec- It is no different in the Presiding Of- out of options. tion with these actions, with represen- ficer’s State of Pennsylvania. But that Kenna, the mother, a college-edu- tation by the Senate legal counsel of even one American lacks health cov- cated daughter herself of two Conneaut that employee and any other employee erage is a national embarrassment. We natives, recounted the experience this way. of the Senator from whom evidence are the wealthiest Nation in the world. She said: If there was absolutely any may be sought. We spend $2.38 trillion a year, $2.3 tril- other way to get our son the care and Mr. DURBIN. Mr. President, I ask lion a year in health care, but we can- medication he needs without totally unanimous consent that the resolution not make sure that every American impoverishing our family, we would do be agreed to, the preamble be agreed has health care coverage? Of course we can. it. to, the motions to reconsider be laid In a country like ours, families upon the table, with no intervening ac- Every other industrialized nation on this Earth ensures access to coverage. should not have to worry about being tion or debate, and any statements be thrown into abject poverty to pay for printed in the RECORD. We in this body have chosen not to. Last year Congress tried to provide health insurance. Families want to do The ACTING PRESIDENT pro tem- the right thing. They want to insure pore. Without objection, it is so or- health coverage to millions more low- income children. The House and Senate their children. They work hard, they dered. play by the rules. But insurance is too The resolution (S. Res. 539) was both passed bills twice to provide $35 billion over 5 years in additional fund- often out of reach. agreed to. That is why today I am introducing a ing for the State Children’s Health In- The preamble was agreed to. bill to make health insurance more surance Plan. It was the biggest bipar- The resolution, with its preamble, viable for workers employed by small tisan initiative to expand health care reads as follows: businesses. The Small Business Em- coverage in years. Twice—not once but S. RES. 539 powerment Act would create an insur- twice—the President vetoed that legis- Whereas, in the cases of State of Maine v. ance program for small businesses and lation. We spend more than $3 billion Douglas Rawlings (CR–2007–441), Jonathan self-employed Americans. This pro- Kreps (CR–2007–442), James Freeman (CR– every week in the war in Iraq. The gram is modeled after the excellent 2007–443), Henry Braun (CR–2007–444), Robert President vetoed legislation spending coverage that is provided to Federal Shetterly (CR–2007–445), and Dudley $7 billion a year to insure 4 million workers and to Members of the House Hendrick (CR–2007–467), pending in Penobscot children; $3 billion a week every week and Senate. County Court in Bangor, Maine, a defendant in Iraq; the President vetoed $7 billion has subpoenaed testimony from Carol To keep premiums affordable, the De- a year to insure 4 million children. partment of Health and Human Serv- Woodcock, an employee in the office of Sen- These are the sons and daughters of ator Susan Collins; ices would create a reinsurance mecha- Whereas, pursuant to sections 703(a) and working parents; sons and daughters of nism to help cover high-cost enrollees. 704(a)(2) of the Ethics in Government Act of parents in Toledo, in Mansfield, in The legislation would establish a Fed- 1978, 2 U.S.C. §§ 288b(a) and 288c(a)(2), the Zanesville, who are working hard and eral commission to tackle the toughest Senate may direct its counsel to represent playing by the rules. health policy issues: how to rein in employees of the Senate with respect to any Think about this: Since I have begun health care spending without compro- subpoena. order, or request for testimony re- to speak a few moments ago, we have, lating to their official responsibilities; mising health care quality and access; in Iraq, spent $650,000. Yesterday in how to craft an insurance package that Whereas, by the privileges of the Senate of Iraq we spent $400 million. Last week the United States and Rule XI of the Stand- treats all enrollees equally, regardless ing Rules of the Senate, no evidence under in Iraq we spent $3 billion. Again, the of what type of health care they need, the control or in the possession of the Senate President vetoed legislation $7 billion a which is essential; how to combat price may, by the judicial or administrative proc- year for 4 million children. It was dis- gouging by the drug industry, the med- ess, be taken from such control or possession appointing to us as advocates for chil- ical device industry, and the insurance but by permission of the Senate; dren’s health insurance. But mostly it industry. In other words, how to ensure Whereas, when it appears that evidence was disappointing to the parents of our health care system is sustainable under the control or in the possession of the children around my State, in Cin- and equitable, efficient and effective. Senate may promote the administration of cinnati, from Ashtabula, from Marietta justice, the Senate will take such action as The bill was introduced to help fami- will promote the ends of justice consistent to Springfield, to Lima, parents around lies such as the Coltmans. with the privileges of the Senate: Now, Ohio and around the country who need Thankfully, Caleb’s current prog- therefore, be it health insurance for their children. nosis is good, and the family business Resolved that Carol Woodcock is authorized Not only do many low-income chil- seems to be turning the corner. His to testify in the cases of State of Maine v. dren live without health insurance, but treatment was covered by Ohio’s Med- Douglas Rawlings, Jonathan Kreps, James families whose breadwinners are self- icaid I Program, another program that Freeman, Henry Braun, Robert Shetterly, employed or who work for small busi- is crucial to providing coverage to fam- and Dudley Hendrick, except concerning nesses struggle to get health insurance ilies who are struggling; another pro- matters for which a privilege should he as- serted. too, families such as the Coltmans of gram that is under attack by this ad- Sec. 2. The Senate Legal Counsel is author- Conneaut, OH, a community in the ministration as it tries to change the ized to represent Carol Woodcock, and any northeast corner right across the line rules and as it cuts billions of dollars other employee of the Senator from whom from Pennsylvania. The Coltmans are a from the program.

VerDate Aug 31 2005 04:21 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\A29AP6.001 S29APPT1 CCOLEMAN on PRODPC75 with SENATE April 29, 2008 CONGRESSIONAL RECORD — SENATE S3463 This week and every week we need to capsule that only carried three astro- weight. That led to a microminiatur- work to keep Medicaid strong, to real- nauts, that would carry six. It would be ization revolution of which we are all ize the expansion of CHIP for which we a new human vehicle to get to and beneficiaries today. fought so hard, and to pass legislation from the space station, much safer The question is, Are we going to re- for the self-employed and workers in than the space shuttle, more economi- tain that leadership in space? Yet if we small businesses. The small employer cal, but then that the program would keep bleeding NASA of resources, we health insurance bill provides more op- then expand on for us to go back to the are not going to be able to. We are al- tions so that the rest of the Coltman Moon by 2020 and establish a habi- ready facing a situation where we will family, including Caleb’s parents, can tation on the Moon to learn from deal- not have human access to space for 5 or access health insurance too. I don’t ing in that environment, as ultimately 6 years, when the space shuttle is shut want Caleb’s parents in Conneaut, OH, humankind is going to go to Mars. down in 2010, and the Administrator of to live in fear when their children fall That is the program called Constella- NASA tells us that we are not going to down or get in an accident or catch the tion. be able to fly the new vehicle Orion flu or have an allergic reaction to But NASA was never provided with with humans until the year 2015, if something they ate. They have enough enough money. Over the past couple of that. What does that mean to us? It on their plate already. years, this Congress, this Senate has means we have a $100 billion invest- I look forward to working with my tried to provide NASA with the money. ment in orbit right now called the colleagues to protect Medicaid and the Indeed, last year we were successful in International Space Station that is Children’s Health Insurance Program the NASA appropriations bill in get- supposed to be used for scientific re- and to pass this bill. ting an additional billion dollars just search, and we are not even going to I yield the floor and suggest the ab- to partially pay back NASA for the have an American vehicle to get there sence of a quorum. money it had eaten out of its operating for 5 or 6 years. That is unacceptable. The ACTING PRESIDENT pro tem- budget on the cost of recovery of the How are we going to get there? We pore. The clerk will call the roll. space shuttle disaster, the Space Shut- are going to pay the Russians to get a The bill clerk proceeded to call the tle Columbia. But when we got to the ride for our American astronauts on roll. House, in the negotiations, the White their Soyuz vehicle which had a prob- Mr. NELSON of Florida. I ask unani- House—specifically the White House lem last week on reentry with a too mous consent that the order for the budget director—would not support the steep reentry, a ballistic reentry, 8 Gs quorum call be rescinded. additional billion dollars. The chair- experienced by the cosmonaut and as- The ACTING PRESIDENT pro tem- man of the House Appropriations Com- tronaut on board. So we are going to pore. Without objection, it is so or- mittee then insisted that it be taken have to negotiate with Vladimir Putin dered. out of the budget. during this 5-year period, which we are f NASA is right back in the place going to have to buy. We are going to where it found itself, with not enough NASA FUNDING be laying off American space workers money to do everything it is trying to at the Kennedy Space Center, and we Mr. NELSON of Florida. Mr. Presi- do. It is like saying you want to take 10 are going to be funding jobs in Moscow dent, the National Aeronautics and pounds of potatoes and stuff them into at who knows what price Vladimir Space Administration is an incredible a 5-pound potato sack. It doesn’t fit. Putin will charge us because he knows little Federal agency that has pulled Hopefully, the new President will un- it is the only way we have to get to the off extraordinary feats and continues derstand this. Does America want a International Space Station. And, by to do so—defying the laws of gravity, successful space program and does the way, if that is not enough to cause utilizing the principles of physics to do America want a successful human heartburn, we can’t pay Russia for wondrous things—as we begin to con- space program complementary to those space flights, of which we have to go tinue our exploration of the heavens. robotic spacecraft that do so many suc- about and contract right now if they But NASA is going through a very dif- cessful things? I think the answer is are going to build a spacecraft for 2011, ficult time. First, NASA has been clearly yes. We have always had the when we would need it. We can’t pay starved of funds. The National Aero- high ground. This country’s techno- them for it because we are prohibited nautics and Space Administration, in logical achievements have always kept by a law that says, since they are help- its human space program, has not been us at the cutting edge as the leader in ing Iran, a nation that we are con- allocated enough money by this admin- the world. cerned about proliferating nuclear istration and a series of Congresses Remember when the Soviets sur- weapons, we have to get a waiver of over the last several years in order to prised us by putting up the first sat- that law. do everything they want to do. This ellite sputnik, and we were scrambling All of this is to say that we have a was particularly acute earlier in this to catch up. Remember when they sur- mess. If this Nation wants to be a lead- decade when we lost the second space prised us and put the first human, Yuri er in space, which I believe every shuttle, the Shuttle Columbia, in its Gagarin, into orbit and that surprised American believes we should, we have breakup in the atmosphere upon re- us. And we hadn’t even gotten Alan to start helping NASA. We have to get entry over Texas. Shepard up in suborbit, and it was 10 the next President attuned to this NASA spent $2.8 billion just in the months later before we could get the issue. recovery of that disaster and in the re- first American in orbit, former Senator I yield the floor. covery of flight. Unlike the loss 20 John Glenn, one of the great heroes of The ACTING PRESIDENT pro tem- years earlier of Challenger and the cost this country. pore. The Senator from Alaska. of recovery from Challenger, which was After that, then our resolve, the Na- f provided outside of the NASA budget, tion’s focus, a Presidential declaration this time NASA had to eat the cost of by a young President who said: We are ENERGY recovery out of its operational budget, going to the Moon and return. With all Ms. MURKOWSKI. Mr. President, I therefore leaving almost $3 billion less of that combined, along with a space rise this morning to talk about what for NASA to operate on to do all it race with the Soviet Union, we clearly everyone is talking about, which is the wants to do. became the leader. The spinoffs from price of energy today. I was home in What are the things it wants to do? that program into everyday life, the Alaska over the weekend. Everywhere I What do we want it to do? To fulfill the technological achievements—Velcro, went, the price of gasoline was the vision as enunciated several years ago microminiaturization, new products, a main topic. Everyone wanted to talk by the President, that we would build a lot of the modern miracles of medi- about it. Here in the lower 48, as we are new vehicle after the space shuttle, the cine—are direct spinoffs from the re- looking at high crude prices hitting the capsule called the Orion, the rocket search and development of the space $120-per-barrel mark yesterday, or called Aries, a program called Con- program. When going to the Moon, we nearing that mark, recognizing that we stellation that would have a new vehi- had to have highly reliable systems are seeing a nationwide average of gas cle, like a capsule, like the old Apollo that were small in volume and light in prices at $3.60 for a gallon of regular—

VerDate Aug 31 2005 02:00 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G29AP6.011 S29APPT1 CCOLEMAN on PRODPC75 with SENATE S3464 CONGRESSIONAL RECORD — SENATE April 29, 2008 this is up just 4 cents over the week- domestic oil and gas supplies to help Bay. This is compared to the nearly end—we all agree that prices are high, increase global oil supplies and, thus, 800,000 barrels a day the State is cur- far too high. But in a State such as drive down the prices. We would do this rently producing. mine, we consider the prices to be in at the same time we are working to- The bill we introduced will automati- the stratosphere. In Bethel over the ward renewable fuels. We would do this cally open the coastal plain of ANWR weekend, the price of gasoline was at at the same time we are focusing on a in the northern part of the State if the $4.98 a gallon. I just met with a con- level of conservation. It has to be this world price of oil tops $125 a barrel for stituent coming over here. We were kind of three-legged stool approach. 5 days. In return, what it does is allo- talking about prices in Fairbanks, But we cannot stick our head in the cates all the Federal revenues that about the national average. But up in sand and say increased domestic pro- would come from that oil to both alter- Allakaket, which is a pretty remote duction should not be part of that com- native energy development and to pro- little village, the prices they are look- prehensive strategy. grams to help improve energy effi- ing at for their gasoline are over $7 a Now, some have suggested we do not ciencies and to those in need. What we gallon for regular gasoline. have enough oil in this country to anticipate, in terms of revenues, would In Valdez, which is the site of the make a difference. But look at what we be an estimated $297 billion—$297 bil- Trans-Alaska oil pipeline, the terminus in the Federal Government have done lion—to help fund the wind technology, of our gas line, they are finding regular through regulation and through mora- the solar, the biomass, the geothermal, selling there for more than $4 a gallon. toria. We have prevented exploration in the ocean energy, the landfill gas—ev- I think we would all agree these prices many of the places where oil and gas erything that was covered in those En- are not just high, but for many they are most likely to be found in this ergy bills that were passed in 2005 and are absolutely unbearable. country. 2007, plus it would provide funding for We can talk about why the prices are If you take the areas that are cov- LIHEAP, for weatherization, and for high. It is important to understand ered by the OCS moratoria—the Atlan- the WIC Program. The bill incorporates that. But Americans are tired of hear- tic coast, parts of the Gulf of Mexico protections so that while we do the ex- ing, when we talk about the world de- closest to Florida and the Pacific coast ploration and the production, we are mand, the world using 85 million bar- and you throw in the Arctic Coastal also protecting the environment. rels a day, that there is very little sur- Plain and parts of the National Petro- We mandate that the exploration plus oil production capacity left. leum Reserve in Alaska—you have occur only in the winter, when no ani- They are tired of hearing of the nearly 40 billion of the Nation’s 112 bil- mals are on the Coastal Plain to be dis- weakness of the dollar that is driving lion barrels of remaining undiscovered turbed. It requires the use of ice roads investors into buying oil as a safe oil which has been put off the table for that disappear in the summer to pro- haven against inflation. The truckers consideration. That is nearly enough to tect the wildlife. It allows for special who were gathered around The Mall power over 20 million cars for 60 years areas to be designated to protect the yesterday in protest of the high and heat nearly 10 million homes for key habitat. There are dozens of stipu- prices—I have to wonder if they care the same period. lations to guard against noise and that we, in Congress, in 2005 and again Last year, I came to this floor—actu- flight disturbances, spills or land use in 2007, passed legislation to promote ally, I come to this floor quite often— problems. Opening ANWR does so many things. energy conservation that requires an to urge my colleagues to consider It makes us, first and foremost—and increase in the vehicle fuel efficiency greater oil development in my home most important—less dependent on for- standards. That is going to begin to State of Alaska. Earlier this year, I eign sources of oil. It cuts our balance improve their mileage in about 7 years. came and I urged that we simply of payments deficit. It improves our They do not necessarily care we have allow—just allow—us winter-only ex- economy. It keeps our jobs at home, funded the research and the demonstra- ploration in northern Alaska to con- not exporting them to foreign oil pro- tion of alternative energy tech- firm that the oil we believe is there is ducers such as Venezuela. But, more nologies, whether it is for geothermal truly there. Last year, when I spoke, importantly, I think it signals that we or for ocean energy. They do not care the price of oil was at the $60 mark. At are finally serious about helping our- the same time, I warned that if we con- about the loan guarantees we intend to selves, that we will do it here first, tinued to do nothing, the prices would make for nuclear and solar and wind that we can produce oil from ANWR, only continue to climb. and biomass as we try to make our and we recognize this will help to drive I have never been one of those people biofuels go even further. down the psychology and the specula- What people care about—what they who relishes the ‘‘I told you so’’ ap- tion that is currently acting to drive want to know—is: What are you doing, proach, but I am here to say it is time up world oil prices. Congress? What are you going to do to for this country to snap out—snap I will be the first one to admit to you make the price I pay at the pump go out—of its lethargy and actually ex- that opening ANWR tomorrow will not down? plore for and produce more of our Na- produce more oil tomorrow. We recog- I suppose we can halt filling up the tion’s fuel needs. nize that. But we do believe it will Strategic Petroleum Reserve—some- It was about a month ago, Senator dampen the price speculation that is thing we certainly are looking at. I STEVENS and I introduced new legisla- helping to fuel higher prices. think at this time of very high prices it tion to open a tiny part of the Coastal We have to talk about true and makes some sense. But we need to rec- Plain of the Arctic National Wildlife meaningful solutions: not only increas- ognize that is only going to add 70,000 Refuge to oil and gas development. ing alternative energy—which is a barrels a day to the nearly 21 million Opening a few thousand acres—we are must—not only doing more to improve we are using. talking about 2,000 acres—of Alaska’s our energy efficiency and our conserva- We could also reduce the Federal gas Arctic coast to oil and gas production tion—absolutely important—but we tax, which is currently 18.4 cents, and could produce up to 16 billion barrels of need to get on now with also increasing dedicate the nearly $5 billion we gained economic oil by current Government our domestic energy supplies. ANWR is in OCS lease sales this winter from estimates. To some, that might not one way to demonstrate we are serious sales up in the Chukchi Sea in Alaska seem like much. But without opening about doing that. and from the Gulf of Mexico to help ANWR, we are going to have to import I do hope we will seriously look at offset the losses to the highway trust between 780,000 and 1 million barrels of the current merits of opening ANWR to fund. But, again, that would only offset additional oil each day. That is only exploration and development. the revenue losses to transportation going to continue to help drive up the With that, Mr. President, I yield the projects for probably a few weeks. world price of oil. floor. So the question the consumer is ask- Without ANWR, American domestic The ACTING PRESIDENT pro tem- ing is: What can you do that could oil supplies fall sharply. The EIA pre- pore. The Senator from Alabama. make a difference in this country? I be- dicts Alaska will be producing about Mr. SESSIONS. Mr. President, I lieve one of those things we need to do 270,000 barrels a day, next decade, from thank Senator MURKOWSKI for her com- in America is to produce more of our our existing oil fields up in Prudhoe ments and agree with them very

VerDate Aug 31 2005 02:00 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G29AP6.012 S29APPT1 CCOLEMAN on PRODPC75 with SENATE April 29, 2008 CONGRESSIONAL RECORD — SENATE S3465 strongly. This is not a matter that she line automobiles. Europeans utilize tential of oil shale in the Energy Pol- just raised. Her distinguished father, diesel automobiles. Fifty percent of icy Act we passed, which was a good who chaired the Senate Energy Com- their cars are now diesel. They actu- bill. It made a number of good steps mittee, was a champion of ANWR pro- ally get the same gas mileage and emit forward. We identified it as strategi- duction when he was in the Senate. the same or less CO2 than hybrids. Did cally important and called for its fur- When I came here almost 12 years you know that? ther development. Yet the new Con- ago, I believed that was the right thing So somehow we have fiddled around gress, under the new leadership, has then. I understood then that it did have here and ended up not promoting diesel acted to block the development of this the capability of maintaining wealth in in an effective way and have seen the abundant resource despite the record our country and helping to ease the price of diesel fuel, which should be price of oil. They undermined the 2005 surging price of oil and gas. I believe, cheaper, be 60 cents more per gallon at Energy Policy Act. In the recently as history has proven, she is correct. the pump. I would like to know more passed Energy Independence and Secu- That is the way it is. We stead- about why that is happening. I think it rity Act, the majority inserted lan- fastly—vote after vote after vote, for has to be a combination of things, but guage into the bill prohibiting any the last 12 years I have been in the I think Congress needs to look into Federal agency from contracting to Senate and before that—tried to that. I hope, in the Energy Committee, procure any alternative or synthetic produce the tremendous reserves of oil we will have some hearings on that fuel that produces greater life-cycle and gas that are contained in a small particular question. greenhouse gas emissions than those part of ANWR. We have been blocked. But let me talk about some of the re- produced from the ground, those pro- It is odd that those who blocked it, serves we have in our country. duced from Saudi Arabia. This lan- and seem unphased by the fact that we In 2005, this Congress directed the guage prohibits the Federal Govern- are importing huge amounts of oil and Department of the Interior to study ment from contracting to produce oil gas from nations around the world that our reserves on the Outer Continental shale. They knew exactly what they are often hostile to us, such as out of Shelf. I am from Alabama. We are a were doing, and that was exactly the that great lake in Venezuela. Nobody is gulf coast area. They found that 8.5 bil- purpose of that language. It really worrying about the environment in lion barrels of oil are currently known should be repealed. It is misguided. It Venezuela—it is all right to bring it to exist off the Nation’s shores. In ad- is wrong. from Venezuela or other places but not dition, the study estimated that ap- The Energy Act of 2005 directed the from the United States. proximately 86 billion barrels of oil Bureau of Land Management to lease After many years since I have been in also exist in those areas that have not Federal lands for oil shale research and the Senate, we finally were able to been charted yet. The U.S. Geological development projects. Yet the Con- open up more lands in the Gulf of Mex- Survey and private industry also esti- gress, in this same bill, acted to block ico, where huge reserves exist. It is not mate that approximately 25 billion bar- the development of this provision. So an academic matter only. We are talk- rels of oil exist onshore in the lower 48 we passed it in 2005, and they came ing about gasoline that has risen to the States and in Alaska. along and blocked it. Language was in- price of $3.61 a gallon as of this morn- This amounts to approximately 119 serted, actually, this time in the Con- ing. One year ago, it was $2.84 a gallon; billion barrels of oil available to the solidated Appropriations Act—that is, and 2 years ago, it was $2.74 a gallon. United States in our country or off our the Omnibus appropriations bill at the As a result, the American family, with shores alone, for which we do not have end of last session—that prohibited two cars, is paying about $75 a month to pay any foreign nation. Any produc- funds from being used to implement more for the same amount of gasoline tion we get, as Senator MURKOWSKI of the leasing program which Congress di- they were buying previously. Alaska stated, can create profits that rected BLM to implement in 2005. It This impacts our economy adversely. come to the United States and not to should be repealed. That is not the It is a transfer of wealth. T. Boone foreign countries, and we can use it to right thing for us to do. Pickens—himself an oil producer and accelerate nuclear power, plug in hy- So there is much more we can say. one of America’s most successful entre- brids, ethanol, cellulosic ethanol, wind We need technology. We need advance- preneurs—recently talked about the and solar, and those other kinds of en- ment in our ability to conserve energy, fact we are buying over 60 percent of ergy forms. But apparently we have and at the same time, while we are our oil from foreign countries at the those who just steadfastly block this making that progress, we do not need cost, he estimates, of $600 billion a and prefer to send our money to Hugo to be devastating our economy by year. We are sending $600 billion a year Chavez in Venezuela. transferring $600 billion a year to for- to foreign countries to import the oil Now, there are some additional eign countries when we can produce so we utilize. T. Boone Pickens referred to sources of oil in our country of im- much more here at home. that, in an American Spectator article mense proportions, and at these world I thank the Chair, and I yield the recently, as: the greatest wealth trans- prices, it has proven to be already eco- floor. fer in the history of the world. nomically feasible to develop them. The ACTING PRESIDENT pro tem- Do we have the ability to do some- One is oil shale. The Congressional Re- pore. The Senator from Texas is recog- thing about it? Are we just totally search Service, our own independent nized. hopeless? Do we have an ability to do research service, estimates this coun- Mr. CORNYN. Mr. President, may I something about that? Absolutely, we try’s oil shale reserve to be equivalent inquire how much more time of morn- can do some things. I supported eth- to approximately 1.8 trillion barrels of ing business is allotted to this side? anol, although we clearly are pushing oil, or 1,800 billion barrels of oil in oil The ACTING PRESIDENT pro tem- the limits on that. But if we could do shale. The largest oil producer in the pore. Eight minutes. more cellulosic ethanol, we could do world, Saudi Arabia, is estimated to Mr. CORNYN. I ask unanimous con- better. I supported the increase in the have only 267 billion barrels. We are sent to speak for up to 10 minutes in gas mileage, which we did pass, which talking about 1.8 trillion in the United morning business. will have a significant reduction in our States, and it can be produced for less The ACTING PRESIDENT pro tem- demands. than $100 a barrel—some say $60 a bar- pore. Without objection, it is so or- But as the population of our country rel—and the people who produce it dered. is growing, even if we reduce our own would be Americans paid salaries by Mr. CORNYN. I thank the Chair. individual use, we are going to have the American Government, who would I don’t blame the American people high demand in our country for years pay taxes to the U.S. Treasury, keep- for being upset at the price of gasoline to come. It is a question of: Where are ing our wealth at home and not trans- they have to pay at the pump. Frankly, we going to get it? I support hybrid ferring $600 billion to a foreign coun- the biggest cause of those high prices is automobiles. I support diesel auto- try. the Congress. mobiles. In fact, diesel is as clean or In 2005, Congress recognized the po- It has been 2 years since Speaker cleaner, in terms of CO2, and gets 30 tential—I want my colleagues to un- PELOSI said that her party, the Demo- percent better gas mileage than gaso- derstand this—we recognized the po- cratic Party, had a commonsense plan

VerDate Aug 31 2005 02:00 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G29AP6.014 S29APPT1 CCOLEMAN on PRODPC75 with SENATE S3466 CONGRESSIONAL RECORD — SENATE April 29, 2008 to bring down prices at the pump. I am tion for them. As we see oil now ap- the answer, no single solution is a pan- left to wonder how long we will have to proaching—maybe it has gone over— acea. All of these have to add to our wait to hear what that commonsense $120 a barrel today, if we were to de- energy diversity and our energy mix in plan is. So far, all we have heard is an velop the known resources we have order to provide the relief the Amer- escalation of the blame game, which, of available in Alaska that the Senator ican people want and need. course, here in Washington, DC, inside from Alaska just talked about, it Increasing the supply, which will the beltway, is a world-class sport. The would be the equivalent of $55-a-barrel help bring down the cost of oil and the problem with the blame game is it oil—$120-a-barrel foreign oil versus $55- cost of gasoline, as I said earlier, must doesn’t actually solve any problems. I a-barrel American oil. If we were to de- begin here at home using America’s think what the American people are velop more of the Outer Continental natural resources. Why Congress would frustrated about, among other things, Shelf in places such as the Gulf of Mex- mandate, in effect, that we can’t buy is Congress’s intransigence, its unre- ico, even beyond the horizon where you American, we have to buy foreign when sponsiveness, and its unwillingness to can’t even see it from shore, we could it comes to oil, is beyond me, and it listen to their concerns—legitimate produce that oil from American re- just doesn’t make any sense. We can concerns—about how they are going to serves at the price of roughly $63 a bar- develop environmentally responsible balance their family budget, particu- rel—$63-a-barrel American oil versus oil production right here at home if larly when it comes to the rising cost $120-a-barrel foreign oil. Congress would simply act. of gasoline and the rising cost of health It seems to me we are missing a great The only real commonsense near- care. opportunity, not only to help bring term solution to bringing down prices As my colleagues can see, in the 2 down the major price driver of gasoline at the pump is to take advantage of the years that have gone by—in almost 2 costs—70 percent of the cost of gasoline enormous natural resources we have years—we have gone from $2.33 for an is the cost of oil—but also to make our- right here at home. It is estimated that average price for a gallon of gas to selves more secure and less dependent if Congress stopped penalizing and $3.61. That translates for an average on foreign sources of oil, enhancing our handcuffing American energy produc- family to about a $1,400 increase in ex- national security and helping to bol- tion right here at home, we could penses a year associated with their gas- ster our economy at the same time. produce an additional 2.7 million to 3 oline costs—$1,400 a year. So the Fed- But, as we have heard, Congress has million barrels of oil a day. That would eral Government has essentially im- consistently thrown up a roadblock at be 3 million fewer barrels of oil a day posed an additional tax by its inaction accessing these sources of American that we would have to buy from Can- on the average working family in this oil. ada, from Venezuela, and from nations country. Frankly, we have the tools Now, some of my colleagues on the in the Middle East. available to us to remove that tax and other side of the aisle have proposed Allowing American production would remove that burden if we will simply another so-called solution to low sup- send a strong message to the American exercise our ability to use those tools plies. They said: You know what. We people and to the financial markets in order to begin to bring down that are going to take OPEC to court. Let’s that we are working as quickly as pos- price at the pump. sible to drive down gas prices for Amer- History has shown that raising taxes sue somebody. Unfortunately, that is an all-too-common proposed solution ican families. It would reduce specula- on oil companies is no solution because tion on the commodities markets that ultimately we know who ends up pay- where we are going to litigate, regu- late, and increase taxes. But, frankly, is helping to drive up the price of oil ing for tax increases. Ultimately, they because when the financial markets see are passed on down to the consumer. it is a little bit—well, more than a lit- tle bit—impractical, and it would make the Congress doing nothing and see the So it may be fashionable to beat up on supply of oil remain static and see the big oil and say: Let’s tax the oil com- us even more hopelessly tied to foreign nations and their production whims. So demand increase, it is going to con- panies because they are making too tinue to drive prices higher and higher. if your solution is, let’s sue OPEC and much money, but do you know what. If Unfortunately, we have seen too force them to sell us more oil, does we raise taxes on the oil companies, we many Members of Congress block all end up paying an increased price for that make us less dependent on foreign sound energy policies that would give gasoline at the pump. It also has the sources or more dependent? I would American companies access to our val- effect as we saw from 1980 to 1988; the suggest that even if it were practical, uable natural resources, such as we so-called windfall profits tax actually which it is not, it would make us more have heard about oil deposits in Alas- caused a decline in American oil pro- dependent on foreign oil and is not a ka, offshore deposits, and shale oil duction, reducing domestic production solution. sites that the Senator from Alabama We need to remember just how much by as much as 8 percent. So for those mentioned a moment ago. who are worried, as I am, about our de- of an impact high energy prices have I think most Americans take an in- pendence on imported oil, a windfall on the everyday lives of working Amer- stinctive pride in the ‘‘Made in Amer- profits tax is simply no answer at all. icans. High prices drive up the cost of ica’’ label, and wouldn’t it be nice when In fact, it is counterproductive. all methods of travel. We are here this it came to the gas pump if we saw a Of course, the problem then was the week talking about our airlines, and ‘‘Made in America’’ label on that gas same as the problem is today, and that we know what economic pressure has pump. is a shortage of oil around the world. I been put on the airline industry and on I appreciate the opportunity to talk have said it before and I will say it the prices of tickets that continue to about what I think is probably the No. again: Congress can pass a lot of laws, go up because, frankly, the price of oil 1 issue on the minds of most of my con- we can repeal some laws, but we cannot is coming close to bankrupting the air- stituents in Texas and most people in repeal the law of supply and demand. line industry and driving those costs. America today. It is the reason we had Other countries around the world have But, of course, whether it is the cost of a bunch of truckers here yesterday or want more of what we have in this driving the kids to school or driving to complaining about the inaction by country, which is unheralded pros- work, these high gasoline prices impact Congress when it comes to the price of perity, primarily because of our use of everyday Americans all across our fuel they need to earn a living and a disproportionate amount of energy. great country. move America’s goods and services India and China and growing countries As the Senator from Alabama noted, around this country and to our homes. such as those with a billion people each sometimes Congress’s best intentions I hope the majority leader and Mem- are using more energy, and we are not backfire in things such as ethanol sub- bers of Congress will work together on seeing the supply go up, particularly sidies, using corn, using food for fuel, a bipartisan basis to try to bring some here at home. So we know that Con- and leading to skyrocketing—helping of these policies to the floor as soon as gress has been one of the biggest ob- to lead to skyrocketing food costs, not possible and without a moment of un- structions to increasing oil supply and to mention livestock feed and other un- necessary delay. lowering prices at the pump. intended consequences. We need to rec- I yield the floor. My staff helped me research these ognize that while developing renewable The PRESIDING OFFICER (Mr. CAR- figures to make sure we had justifica- fuels certainly has its place as a part of PER). The Senator from West Virginia.

VerDate Aug 31 2005 04:30 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G29AP6.016 S29APPT1 CCOLEMAN on PRODPC75 with SENATE April 29, 2008 CONGRESSIONAL RECORD — SENATE S3467 Mr. ROCKEFELLER. Mr. President, Not so good for the airlines but good time. I will discuss NextGen in detail it is my understanding that we were for people who wanted to get to places later. I will discuss a lot of items in a going to go to the FAA bill at 11 on time. lot of speeches later. But we cannot o’clock. I was not aware morning busi- As is often the case, the urgency sur- just shut off the ground-based radar ness had been extended until 12:30 p.m. rounding the need to modernize the air system. That is all we have, crummy as The PRESIDING OFFICER. The traffic control system and turn it from it is, pathetic as it is. The FAA will Chair understands the Senator from basically an x-ray and ground radio need to operate that system for years West Virginia seeks recognition for 30 system into a digitalized, highly mod- to come, probably 10 to 12 years to minutes. ern system, as every other industrial come. Mr. ROCKEFELLER. The Presiding country has, the interest in that sys- By late 2006, it was clear that air Officer is an extraordinary person. tem becoming current, safer, more effi- travel was returning to pre-9/11 levels. The PRESIDING OFFICER. The Sen- cient, able to handle more passengers That took some time, but in 2006 there ator from West Virginia is recognized. on time and more delivery of cargo, we were. The ATC’s system ability was f waned because the air traffic control again overtaxed to meet the demands system is not easily understood. It is being placed upon it. Gridlock in the FAA REAUTHORIZATION assumed. It is taken for granted. Peo- skies returned, and it is only going to Mr. ROCKEFELLER. Mr. President, ple assume it is the most modern be- get worse. imagine this: gridlock in the skies; pas- cause it is America; therefore, it has to I said yesterday the FAA is fore- sengers delayed for hours and hours on be. In fact, it is the least modern of all casting that 1 billion passengers will a runway; an aging, antiquated air systems in industrial countries. pass through our Nation’s aviation sys- traffic control system just struggling So interest waned, and in the 2003 tem by the year 2025. That is a 300 mil- to keep up with the growth of air traf- FAA reauthorization, which I helped lion person increase from this year. We fic; a fight over how to pay for the bil- author with then-Senator Lott, we laid cannot ignore this issue anymore and, lions of dollars needed to address air- a foundation to build a modern, digital hence, this bill. port infrastructure, infrastructure in satellite-based air traffic control sys- The United States is losing its posi- all of its manifestations. I could be tem. We authorized a significant in- tion as the global leader in aviation. As talking about the present, but I am crease in the FAA’s capital budget to the Economist magazine noted—this is not. I am talking about the years 2000 meet the ATC modernization needs, an so horrible I cannot even say it, but I and 2001, prior to 9/11. increase based upon the administra- am going to because it is true—the United States is behind Mongolia in Then 9/11 did happen. It changed our tion’s own request, in fact. But instead the adoption of new air traffic control country forever, and it changed it in of investing in the system in 2004 and technologies. That is a national dis- countless ways. It forced us to under- 2005; that is, speed of landing, parallel grace, and there is also a reason for it. stand how important aviation is to our landing, all of those items, even taking Mongolia did not have an air traffic Nation, our economy, and, in fact, very into account wind shear, which every control system of any sort. So when much our way of life. It also showed other country has except us, instead of they decided to do it, they did it how fragile our system is and, I will that, in 2006, the Bush administration digitally, GPS. So they are ahead of us. argue, how fragile our system remains proposed dramatic cuts in the FAA’s as it further deteriorates. I think it is a national embarrass- facility and equipment account, which ment that a major carrier has to incon- This Congress has worked diligently is precisely the account which funds to address the security weaknesses. venience 200,000 passengers—that is the modernization of our air traffic what we have been reading about for That was the TSA that took place a control system. long time ago. That is working. It is the last several weeks—because the I have to say, Congress complied. I FAA was not properly overseeing the not perfect, but it is working. I think am not proud of that fact. I am not people feel safe with it, but we have airlines’ maintenance. quite sure the reason for that, but facts Our Nation’s aviation system is, to not adequately addressed any of the must be stated. be quite blunt, on the brink—it is on other weaknesses. Over this period, Congress therefore the brink. It is at the cliff. We must We have completely inadequately appropriated $600 million less than the move boldly into the future or we risk funded the Federal Aviation Adminis- 2003 FAA bill authorized for the FAA’s losing a lot of safety and a lot of lives. tration. We have a chronically unprof- capital accounts. It is a sad story on I cannot emphasize the importance of itable commercial aviation industry, the part of the administration, and it a vibrant and strong aviation system. I which is the backbone of our Nation’s is a sad story on the part of us. Neither want people to hear this point. They commerce. We have an inadequate in- of us were living up to our obligations. take it for granted. You get on an air- vestment in aerospace research. Be- Obviously, people didn’t see the future. plane, and you go do something. No, cause of this, we face the same prob- Under the leadership, however, of you get on an airplane, you go do lems we did in 2000 except they are Senator MURRAY, the Senate has begun something, but it is also the bellwether worse. I want to spend a couple of min- fully funding the FAA’s modernization of the Nation’s economic underpinning. utes discussing why we have made so needs, but the damage of underfunding It is not the U.S. highway system. Peo- little progress in addressing this sig- the FAA is not easily repaired. It is a ple don’t drive to States to look at in- nificant aviation system, and this is large battleship. We just cannot turn it dustrial sites or to make decisions; really my introduction to the bill. It is around in a couple of years. they fly. What you cannot do over the just not done in sequence. The budget surpluses that we once Internet, the next closest step is avia- Perversely, the attacks of September had are gone, but by the FAA’s own es- tion, and it bears our attention. It has 11, which brought the commercial air- timates the development of the next never gotten it in the 24 years I have lines system to its knees, flat to its generation of air traffic control sys- been in this body. knees, properly to its knees, solved the tem, NextGen—when I say that, I mean It is fundamental to our Nation’s crisis of gridlock in the skies, to say the digitalized GPS system—is going to long-term growth. It is also vital to the the very least. The enormous dropoff of cost between $20 billion to $40 billion economic future of countless small and air travel in 2002 and 2003 reduced the through the year 2025. local communities, something the dis- stress on our Nation’s 1950s air traffic I might add, we are going to have to tinguished Presiding Officer from his control system. We are the only ones in not only maintain our analog system very roots understands very well. the industrial world—and I have an- because that is what we are using, inef- For example, in West Virginia, peo- other comparison to make which is ficient as it might be, but build a new ple who work in the automotive indus- even more stunning later on. So delays system at the same time. try need easy access to Asia to facili- and congestion were not issues for Despite the popular misconception tate their business. Yes, that is West travelers. We felt pretty good about it. that we are building a new system that Virginia, but that is very important to Passengers were not daring to fly yet. the FAA will turn on one day in 2025, me. West Virginia is like every other They didn’t want to fly that much yet, NextGen is a program that will then State. There is no State in this coun- so there was not a lot of congestion. employ multiple technologies over try that does not have rural areas. All

VerDate Aug 31 2005 02:00 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G29AP6.018 S29APPT1 CCOLEMAN on PRODPC75 with SENATE S3468 CONGRESSIONAL RECORD — SENATE April 29, 2008 of our future is tied to a modern avia- people traveling and the runways were sengers and to accommodate the enor- tion system, if we would only have the not built in the modern sense, with mous increase in general aviation. I am will to build it. In this bill, we begin modern flow in mind. It would take going to have a speech to make about to. about $10 billion to $12 billion to do general aviation, but I will not do it We have all witnessed the fragility of that. But if you did it, air congestion today—particularly high-end general our Nation’s aviation system firsthand. in the United States would probably aviation. That is called jets. I am not It has been all over the news. People clear up by about 25 to 30 percent in- talking about crop dusters. General are furious. The waiting lines, the sto- stantly. So it is not a large, com- aviation is made up of lots of things— ries about planes bumping into each plicated thing. Sometimes it is an air we only include 10 percent of that 100 other or almost bumping into each traffic control system you need, some- as our target, where we can rightfully other on the runways as they move times it is a reconfiguration of run- and legitimately go. Those people are around—it is just too much, too many ways, sometimes it is how do you han- getting a free ride. I will have a speech people. Go into any airport. As I said dle the New York-New Jersey area. But about that, I guarantee you. yesterday, I came back into Wash- these are not problems beyond our It is a very unhappy situation when ington National Airport from some reach. Aviation gridlock is not just an people hear about it. It is probably best city in the North, and you couldn’t inconvenience, it is becoming a threat explained on Jay Leno or David move. You could barely move. The to our economic well-being. Letterman. That would probably drive whole airport was just packed with Aviation experts predict that these it home to people. Until then, it is sort people—not just around the counters, delays are going to go from bad to of an abstract quality. Until then, look not just around the gateways, but the worse—soon. By the year 2015, delays at those big, fancy jets. We don’t like whole place was packed. I was saying will become so bad—I hope my col- those big, fancy jets. What they are not to myself: This is Washington Na- leagues will listen to this part—that doing is helping pay for all this. They tional, the Nation’s Capital, highly none of the 1 billion people who will be are paying for 3 percent of our air traf- prosperous, definitely growing. What is traveling on airlines that year will get fic control system even though they it going to be like 10 years from now? to their destinations on time—not one. are the majority of airplanes in the If we do everything we want, we will That is what is being predicted. That is skies at any given moment over the not have this system in place by 10 not very far from now. That is what is United States of America. years. It was scary. being predicted. More planes will be All this has been a long and very bit- Our constituents are very frustrated needed and they will lead to greater ter dialog. In early 2007, Senator Lott about flying and they have every right congestion in the skies. The meltdown and I asked the stakeholders to come to blame us, the administration and of the air traffic control system will to an agreement on FAA funding the Congress. It is easy to blame the put passenger safety at unnecessary issues. It was a fascinating experiment, airlines. That is always everybody’s risk. S. 1300, our bill, authorizes ap- which we see very often. No one wanted choice of blame—blame the airlines. proximately $65 billion for all FAA op- to compromise. So we said we will give There is no question that the airlines erations and programs. Most impor- you a choice. You sit down in a room. have a lot to do to improve their cus- tant, our bill lays the necessary foun- We will provide the sandwiches and the tomer service, and the bill addresses dation for developing NextGen air traf- Coke or whatever. Then you come out that issue. All kinds of things have to fic—that is the new air traffic control with an agreement or we will write a happen in the airline industry. But I system—by providing it $12 billion over bill for you. They chose not to yield a am going to give a speech this after- the life of this bill for FAA’s capital in- single point, not a single point. They noon which talks about the airline in- vestment accounts. all had to have exactly what they had. dustry and how absolutely desperately Importantly, Senator BAUCUS and They didn’t want to pay anything close it is to collapsing. I exaggerate Senator MURRAY and I have agreed on more. Air traffic control—push that not. the creation of a new subaccount—this aside, you are not going to tax me. It is We must address the core problem is not manipulation, it is a perfectly the other guy. facing the system and the lack of ca- proper thing to do—a new subaccount So Senator Lott and I imposed a pacity to allow more aircraft to use the with the aviation trust fund that will compromise on everyone. The com- skies. When the weather is clear and provide $400 million for the next length promise sparked an absolutely fas- our Nation’s aviation infrastructure of this bill, and then for bills after that cinating but not pleasant multiyear, operates perfectly, most travelers get because we will have to do it again, so multimillion dollar campaign against to their destinations on time. It just we can get our air traffic control sys- our lovely bill, S. 1300. Later on I will seems the weather is not clear very tem rebuilt. discuss, as I indicated, much more often these days, and people are fre- I appreciate the hard work of our col- about that. quently shuttled to other places to get league. Senator MURRAY is unbeliev- We have compromised. I have com- to where they are going, the original able on these things, as she is on vir- promised—not happily but nec- place, or they have to sit on the tually everything. A new satellite- essarily—in order to reach a bipartisan tarmac for a long time and they get in based radar system will allow airplanes bill that could actually be signed into a very bad place—and indeed they to move more efficiently, improve safe- law and begin the work of moderniza- should. ty, improve the flow of commerce, re- tion in earnest, along with making It is a conundrum. I heard this morn- duce the consumption of fuel which in such needed safety improvements. ing a couple of airlines are thinking turn creates environmental benefits. Air traffic control modernization is about raising their prices. They have The bill provides approximately $16 but one of the many challenges the the price of oil and their fuel. The billion for airport infrastructure—it is FAA faces. Over the last several weeks, prices of oil and their fuel are, in fact, a boring word with large consequences. the FAA’s ability to oversee the air- two very different numbers. What are Since 2000, I am pleased we have been lines it regulates has undermined the they going to do? How are they going able to double the amount of funding public confidence in the safety of our to get out of this? If the equipment annually for airport infrastructure Nation’s air traffic system, and nobody fails to work properly because the grants—that means lengthening run- can dispute that. People are in shock weather is bad, or even for a few min- ways, that means improving condi- at what they have seen over the last utes, the system often grinds to a halt, tions, that means upgrading what is several weeks. Statistically, the United and delays in key airports such as JFK needed to handle air traffic in a rapidly States has the safest aviation system and O’Hare Airport are felt through our growing traveling world. Our invest- in the world. That is what they always entire system. ment in runway capacity has made dra- throw at us. But statistics do not al- You can take eight runways—Sen- matic improvements in safety. ways tell the whole story, nor do they ator DURBIN and I tried to do this a I believe everyone in aviation recog- say anything about the future. number of years ago. You can fix the nizes the need to modernize our na- I am particularly concerned about eight runways at O’Hare Airport, which tional air transportation system in the number of runway incursions. That was built back in 1962 with very few order to meet the growing surge of pas- is when airplanes are on the tarmac

VerDate Aug 31 2005 02:00 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G29AP6.019 S29APPT1 CCOLEMAN on PRODPC75 with SENATE April 29, 2008 CONGRESSIONAL RECORD — SENATE S3469 and they are moving around, posi- ter of survival: economically, psycho- The PRESIDING OFFICER. The Sen- tioning themselves under the guidance logically—self-esteem. Without access ator from Oklahoma. of the air traffic control system. They to reliable air service, no business is Mr. INHOFE. Mr. President, I would are constantly almost running into willing to locate its operations in these like to inquire as to how much time I each other—or in the air—or just miss- areas of the country, no matter how at- have. ing. It is unacceptable. It is horrible. It tractive the quality of life, no matter The PRESIDING OFFICER. There is is heading in a much worse direction. how much less the housing costs, no 37 minutes remaining for the use of the It is not something we talk about matter how much land may be avail- minority at this time. much, but once in a while stories of able. They will not go there. Airports Mr. INHOFE. First of all, let me say near misses at our Nation’s airports in are economic engines that attract crit- to my friend from West Virginia, we fact do make the news. ical new development opportunities have done a good job in the areas you Let’s be honest. If it had not been for and jobs. are talking about because it was not the quick thinking and action of a few West Virginia has been able to at- too long ago that all the AIP con- air traffic control people and our pi- tract firms from around the world. centration was going to big regionals. lots, our Nation would have had one if Why? Because corporate executives Due to our efforts, we now have given not several major accidents claiming know they can visit their operations greater power to the State aeronautic the lives of hundreds of people over the with ease—for no other reason. As I boards, who have a better idea as to last several years. will explain in my next speech about what the needs are in the State of West This legislation and the managers’ the state of the airlines, which is a Virginia, my State of Oklahoma. amendment I have offered contain pro- very depressing speech and therefore I think we have come a long way. I visions to improve the safety of the Na- important, that is in jeopardy. Rural would certainly echo what you say. I tion’s aviation system and the FAA’s and smalltown America must continue am a little privileged to be the last ac- oversight of that system. The AMAC, to be adequately linked to the Nation’s tive commercial pilot in the Senate, so as we call it, includes a number of pro- air transportation network. That is all I take a personal interest in these visions to improve safety, providing we can do. We can’t get from here to an things. the FAA with the resources to conduct important place directly, but we can But there is nothing that can help a thorough oversight of air carriers and link into the hub-and-spoke system, community be more viable than a good foreign repair stations—this is a very which has been what we have always general aviation airport, an airport controversial subject so expect to hear done. that can serve the commercial commu- more about that—and upgrade the ex- I wind up. Small and rural commu- nity. In fact, you can look through our isting safety infrastructure at our air- nities are the first to bear the brunt of State and see where the communities ports. bad economic times and the last to see are not doing well and tie that to the Later in our debate—not today, not the benefit of good economic times. capacity they have—air traffic capac- this morning—I will outline the impor- That is not fair. Americans are Ameri- ity. tant facts of the safety provision in the cans. The general economic downturn So I think we are going to be doing a bill. and the dire straits of the aviation good thing by addressing that this The bill addresses the other core community have placed exceptional afternoon. That is not why I am here challenge which will be facing our burdens on air service to our most iso- though. aviation system, and that is keeping lated communities. The Federal Gov- f America’s small communities con- ernment must provide additional re- BIOFUEL MANDATES nected. The Presiding Officer and I un- sources, and our bill does that. derstand that. So does every Senator in The bill also reaffirms our commit- Mr. INHOFE. Mr. President, we are this body; if they choose to focus on it, ment to rural America by increasing in the midst of global food difficulties. they should be able to understand it. the essential air service—the Presiding You have been seeing it on television, The continuing economic crisis facing Officer well knows what that is—and and it is the result of decades of mis- the U.S. airline industry absolutely im- also to the Small Community Air Serv- guided environment and energy poli- perils, in stark and terminal terms, the ice Development Program, for 4 more cies. As worldwide food availability de- future of hundreds of small rural com- years, and we also have a passenger bill creases and prices continue to sky- munities across our country as area of rights which will be discussed later. rocket, decades of ill-conceived plan- carriers drastically reduce service to The industry would be required to ning by politicians and bureaucrats small rural communities—which is ex- provide a number of things: Telling right here in Washington, afraid of ex- actly what is going on. That accelera- people about what planes are on time, panding our energy supplies, are now tion is going to pick up. what are not, what the pattern is; sort bearing ugly fruit. Then you have to say years ago we of to get a sense of all that, but there American families and the inter- did this e-rate thing to make the Inter- is a lot more. So all of us recognize national community continue to suffer net available to everybody in every there are no quick and easy solutions from these misguided policies, and classroom; no different rural and to this timely and timeless problem Washington has to take the first step urban, everybody had it. We went from that plague our aviation industry. to begin to address these problems. I 15 percent connection to 97 percent. Aviation incorporates so many think we know what the problem is Not so on aviation. We are going in things that are so critical to all of us. right now. We have mandated certain the other direction. While small and It connects people to distant family things to take place in terms of our rural communities have long had to members, links businesses to busi- fuels, it has had a result of increasing cope with limited and unreliable serv- nesses, allows people to interact easily prices of food, but it has another unin- ice, we are grateful to have limited and on a global scale. We are a global tended consequence; that is, it is di- even unreliable service. We are grateful world, but it is still amazing to me to verting the use of corn to go to fuel as to be able to get into a little prop—be- be able to get on a plane in the morn- opposed to food. cause that is what we have—and get ing in West Virginia and be in Asia Now, I am here today to demand two from here to there because we can con- that same day. dramatic and necessary actions to help nect in the hub-and-spoke system. So what railroads were to the 19th mitigate our current biofuel policy All of these problems have been exac- and 20th centuries, air transportation blunder. I have always supported all erbated by the weakened financial con- is to the 21st century; with all due re- forms of energy, including biofuels, for dition of most U.S. airlines. I am going spect to our interstate highway sys- a diverse and stable energy mix, but to talk about that this afternoon. The tem. So given the challenges our Na- currently policy has skewed common reduction or elimination of air service tion’s aviation system faces, I think we sense and violated the principles of has a devastating effect on the econ- must pass S. 1300, which is called the sound energy policy. omy of small communities. Having Aviation Investment and Moderniza- These effects are being felt in my adequate air service is not just a mat- tion Act. home State of Oklahoma, where I am ter of convenience or pride, it is a mat- I yield the floor. hearing concerns regarding ethanol.

VerDate Aug 31 2005 02:00 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G29AP6.022 S29APPT1 CCOLEMAN on PRODPC75 with SENATE S3470 CONGRESSIONAL RECORD — SENATE April 29, 2008 Scott Dewald, with the Oklahoma will reduce pressure on global food terms; that is, what the question is: Cattlemen’s Association, described one prices and restore balance to America’s Why drill for fuel when you can grow aspect of biofuel’s unintended con- energy policy. The whole world is now it? sequences on April 28. He said: reacting to the consequences of over- The answer is found in India’s Fi- Cow-calf producers all the way to the feed- zealous biofuel mandates. nance Minister’s statement he made ing sector are feeling the pinch of high corn While I supported realistic mandates earlier this month. He said: prices. Today’s biofuels policies have com- in the past, I continue to support the When millions of people are going hungry, pletely ignored the costs to the livestock development of cellulosic ethanol. I it’s a crime against humanity that food sector. was one of eight Senators who voted should be diverted to biofuels. Now, first, Congress has to revisit the against the 2007 Energy bill, with its Italian Prime Minister Romano Prodi recently enacted biofuel mandate, restrictive biofuel mandates, last De- said: which can only be described as the cember. Food prices were raising the specter of most expansive biofuel mandate in our On Tuesday, December 4, I joined famine in certain countries. A conflict is Nation’s history. The mandates were with several Senators, including JACK emerging between foodstuffs and fuel . . . part of last year’s—it was December it REED, a Democrat from Rhode Island, with disastrous social conflicts and dubious was taken up—Energy Independence environmental results. BEN CARDIN, BERNIE SANDERS, and and Security Act of 2007. Congress has SUSAN COLLINS, in writing a letter to The United Kingdom Prime Minister, to have the courage to address this the President to: Gordon Brown, has called for a reevalu- issue and to address it now, to recog- ation of biofuels. He said: nize we made a mistake in December. . . . urge the administration to carefully evaluate and respond to unintended public Now that we know that biofuels, intended Second, the EPA—this is something health and safety risks that could result to promote energy independence and combat people are not aware of, even though from the increased use of ethanol as a gen- climate change, are frequently energy ineffi- this is mandated. EPA has the Congres- eral purpose transportation fuel. cient we need to look closely at the impact sionally-given authority to waive all or The letter noted the administration on food prices and the environment of dif- ferent production methods and to ensure we a portion of these food-to-fuel man- had called for a national effort to re- dates as part of its rulemaking process. are more selective in our support. duce consumers’ demand for gasoline The EPA has to thoroughly review all The Scotsman Brown also noted hun- by 20 percent in 10 years, in part the options to alleviate the food and ger is: through increased use of renewable fuel disruption of the 2007 Energy bill. transportation fuels such as ethanol. the number one threat to public health A lot of people do not realize and did across the world, responsible for a third of not think—at the time they thought, Sadly, these onerous biofuel mandates, child deaths. Tackling hunger is a moral well, this is very helpful to the corn which would significantly increase re- challenge for each of us. States. We all want to help the corn newable fuel use, particularly the use The President of the European Com- States. My State of Oklahoma also of ethanol over the next two decades, mission, Jose Manuel Barroso, has now grows corn. But they did not think became law. called for: Since December, the world has been about the unintended consequences of an investigation into whether the push for the cost of all fuel and everything you confronted with irrefutable evidence biofuels is to blame for rising food prices. see on the shelves in the grocery store. that our current biofuels mandates are having massive and potentially life- According to an article in the United Last summer, when I offered an Kingdom Register, the EU may: amendment to the Energy bill that threatening consequences. Once again, we are reminded how restrictive Gov- cancel its target of requiring 10 percent of would have put in place a stocks-to-use petro and diesel to be biofuel by 2020. mechanism to provide the EPA Admin- ernment mandates and ill-advised bu- That is what they are doing in the istrator more flexibility in waiver au- reaucratic meddling produce unin- United Kingdom. Now they recognize thority in the instance of crop short- tended consequences. Trying to cen- they made a mistake. The article ex- ages, I was told by the majority whip trally manage and plan a global food plained: my amendment was not necessary. distribution network and economy Incidentally, The Hill newspaper re- through clumsy, unrealistically high Recent weeks have seen riots over food ported yesterday the same majority mandates has been a proven failure. prices in Egypt, Haiti, Indonesia and Mauri- An April 28 article on our current tania. Rice prices have hit record levels this whip who said my amendment was not year and several countries have banned ex- necessary now acknowledges that: biofuel mandates in the National Re- ports. India has renewed a ban on all exports U.S. ethanol policies may be partly to view, by Phil Kepren and James Valvo, of nonbasmati rice. detailed the mindset of bureaucratic blame for a global food crisis threatening to U.N. Secretary-General Ban Ki-Moon leave millions hungry. planners. warned in April that high food prices I am glad to have his support in this Each new generation of central planners could wipe out progress in reducing concern I am expressing today. During believes the previous generation wasn’t poverty and hurt global economic the 2007 floor debate, he said: smart enough. Yet central economic plan- ning is forever doomed to failure since the growth. The U.N. Secretary-General There is already a waiver provision in the said: bill that offers protection to consumers if approach itself limits human freedom, inge- corn prices or availability become nuity, entrepreneurship, and innovation. This steeply rising price of food has devel- unsustainable. To put it in other terms, as Ronald oped into a real global crisis. Last June when I offered this amend- Reagan said: ‘‘The more the plans fail, He called for world leaders to meet ment, corn was trading at $3.70 a bush- the more the planners plan.’’ on an urgent basis. You know, it is el. Less than a year later, corn is now A large auto manufacturer has erect- funny that I have been quoting the trading at $6 a bushel. Corn prices and ed a billboard for their lineup of so- United Nations. I am probably the big- availability are now unsustainable. I called eco-friendly cars that run on gest critic of the United Nations in this ask my colleagues who opposed my ethanol that is currently being promi- Chamber. But I have also been very ac- amendment to now join me in calling nently displayed not far from the Cap- tive over the years in Africa and doing for the EPA to exercise its waiver au- itol. This advertisement—I saw it yes- the very thing we are trying to do now, thority provided in the underlying bill. terday—asks a simple question: ‘‘Why to make sure that fewer people starve I am working with my colleague from drill for fuel when you can grow it?’’ to death. Texas, Senator KAY BAILEY HUTCHISON, That sounds like a politically correct The head of the U.N. world food agen- to urge the EPA to take action. Sen- question, to which the auto company’s cy summed up global food difficulties ator HUTCHISON also announced she is marketing team must have thought this way. He said: introducing legislation that will freeze was an obvious answer. Let me allow A silent tsunami which knows no borders the biofuel mandate at current levels, world leaders and mainstream media is sweeping the world. instead of steadily increasing it outlets, the UN, and former believers On April 25, the U.N. food agency through 2022. in mandated Government standards to chief, Jacques Diouf, warned of possible Senator HUTCHISON correctly noted further answer the billboard’s mar- civil war in some countries because of this is a commonsense measure that keting campaign in no uncertain global food shortages.

VerDate Aug 31 2005 02:00 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G29AP6.023 S29APPT1 CCOLEMAN on PRODPC75 with SENATE April 29, 2008 CONGRESSIONAL RECORD — SENATE S3471 I wish to pause a moment and note putting an additional dangerous strain on Lester Brown, who has been dubbed that some of the rhetoric by the United families who are already struggling to get by ‘‘the guru of the environmental move- Nations and others may be a bit over in a faltering economy. ment,’’ has added his voice in opposi- the top and prone to hyped alarmism. I Rather added: tion to our current biofuels policies. have taken to this Chamber many Already there are reports of charitable Brown cowrote, on April 22: times to debunk so-called environ- food pantries unable to meet the needs of It is in this spirit that today, Earth Day, mental crises and media manipulation those they serve. we call upon Congress to revisit recently en- of environmental issues. The New York Sun put it bluntly acted Federal mandates requiring the diver- I do not want to now be accused of about the impact of our policies: ‘‘Food sion of foodstuffs for production of biofuels. overhyping our current global food sit- Rationing Confronts Breadbasket of Brown wrote that our current biofuel uation. But please do not let over-the- the World.’’ That was an article on mandate was ‘‘causing environmental top rhetoric obscure the fact that the April 21. harm and contributing to a growing world is currently facing a serious A 2007 study by the Organization for global food crisis.’’ biofuel mandates problem and needs Economic Cooperation and Develop- Brown continued: remedying. ment concluded that biofuels ‘‘offer a Turning one-fourth of our corn into fuel is Ironically, the anti-energy environ- cure [for oil dependency] that is worse affecting global food prices. U.S. food prices mental left has spent decades worrying than the disease.’’ Other organizations are rising in twice the rate of inflation, hit- over various crises that never seem to have weighed in. The National Acad- ting the pocketbook of lower income Ameri- materialize. You have to give the envi- emy of Sciences conducted a study cans and people living on fixed incomes. finding corn-based ethanol may strain America must stop contributing to food ronmentalists credit, they may finally price inflation through mandates that force get their bona fide crisis, but alas, it water supplies. The American Lung As- sociation has raised air pollution con- us to use food to feed our cars instead of to will be one created by the very policies feed people. cerns from the burning of ethanol in they advocated. Brown concluded: It is kind of interesting because we gasoline. Cornell ecology professor David Pimental called our current eth- It is impossible to avoid the conclusion can recall the environmentalist com- that food-to-fuel mandates have failed. Con- munity advocating the use of ethanol anol policy a ‘‘boondoggle.’’ Pimental said: gress took a big chance on biofuels that, un- and the mandates and then not recog- fortunately, has not worked out. Now, in the nizing this creates a greater pollution It does require 30 [percent] more energy oil spirit of progress, let us learn the appro- problem as well as a starvation prob- equivalents to produce a gallon of ethanol priate lessons from this setback, and let us than you actually get out, and it causes a lot act quickly to mitigate the damage and set lem. of severe environmental problems. This is The most interesting is the main- upon a new course that holds greater prom- very significant. It takes 1,700 gallons of ise for meeting the challenges ahead. stream news outlets have now turned water to produce 1 gallon of ethanol. I agree. Not very often do we agree, on biofuels and, in particular, corn eth- No one ever talked about that last anol. Publications that normally but I do agree with that because there December. is something we can do about this. uncritically parrot the leftwing envi- Friends of the Earth has urged the When you have Lester Brown, Miles ronmental agenda are now among the UK to abandon its current biofuel tar- O’Brien, Dan Rather, Time magazine, biggest denouncers of our current gets, which I believe they are now the New York Times, the United Na- biofuel policies. doing. Food campaigner Vicky Hird tions, and Jim Inhofe all in agreement The New York Times, for example, from Friends of the Earth said: has stated: on changing an environmental policy, [UK Prime Minister] Gordon Brown is you can rest assured the policy is hor- Soaring food prices, driven in part by de- right to be concerned about the impact of mand for ethanol made from corn, have biofuels on food prices and the environment. ribly misguided. All of these publica- helped slash the amount of food aid the gov- Evidence is growing that they cause more tions and individuals now realize the ernment buys to its lowest level in a decade, harm than good. Food production must be pure folly of the Federal Government’s possibly resulting in more hungry people revolutionized to prevent a global catas- biofuel mandate. around the world this year. trophe. You might ask, how did we get here? Time magazine was blunt in an April Jane Goodall, the internationally fa- I would say, when the Republicans 7, 2008, article titled ‘‘The Clean En- mous primate conservationist, warned were the majority party, I was the ergy Scam,’’ by reporter Michael about biofuels and the impact on the chairman of the Senate Environment Grunwald, who wrote that our current rain forests in Asia, Africa, and South and Public Works Committee. I worked policies on corn ethanol are ‘‘environ- America: successfully with my colleagues to cre- mentally disastrous.’’ ‘‘The biofuels We’re cutting down forests now to grow ate a comprehensive yet measured ap- boom, in short, is one that could haunt sugar cane and palm oil for biofuels. proach. The result of this work, the Re- the planet for generations—and it’s She said this in September of last liable Fuels Act, was ultimately incor- only getting started,’’ Grunwald wrote. year. porated into the 2005 Energy bill. This Time magazine also featured Tim The group, Clean Air Task Force, re- original renewable fuels standard—that Searchinger, a Princeton scholar and cently reported that nearly 12 million is, the RFS—took a commonsense ap- former Environmental Defense attor- hectares of peat land in Indonesia has proach in that it prescribed just 4 bil- ney who said: been converted to accommodate a palm lion gallons of renewable fuels in 2006, People don’t want to believe renewable oil plantation. The land was reportedly growing to a feasible 5.5 billion gallons fuels could be bad. But when you realize drained, cleared, and burned for con- in 2012. This low rampup allowed time we’re tearing down rain forests that store version to a plantation. and flexibility for the many foreseen loads of carbon to grow crops that store Even Miles O’Brien of CNN, a man of and unforeseen challenges likely to much less carbon, it becomes obvious. whom I have been harshly critical, and surface with the implementation of Time magazine also said the rising yet a man I consider to be a good friend such a program. Under my leadership, prices were ‘‘spurring a dramatic ex- in spite of our honest differences of the committee held at least 13 hearings pansion of Brazilian agriculture, which opinion, and I are together on this on the RFS program, examining issues is invading the Amazon [rain forest] at issue. He reported on CNN on February from the future of transportation fuels an increasingly alarming rate.’’ 21: to the most recent and, unfortunately, Former CBS newsman Dan Rather If every last ear of corn in America were last oversight hearing in September has also weighed in. Rather wrote on used for ethanol, it would reduce our oil con- 2006 which highlighted the implementa- April 27: sumption by only 7 percent. tion of the RFS program. When more acreage is devoted to corn for He is right. O’Brien also reported: However, despite the enormous ethanol, less is available for food production. Corn ethanol is not as clean, efficient, or amount of attention and the eventual In this case I agree with Dan Rather. practical as politicians claim. legislative enactment of that now He said: I agree with this. I am glad to find greatly expanded RFS program, the Here in the United States, food is less something on which my good pilot EPW Committee has failed to hold often a matter of life and death, but it is friend and I can agree. even one hearing on RFS this Congress.

VerDate Aug 31 2005 02:00 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G29AP6.025 S29APPT1 CCOLEMAN on PRODPC75 with SENATE S3472 CONGRESSIONAL RECORD — SENATE April 29, 2008 This morning I challenged the chair- It is worth repeating that when you Kansas is home to nearly 3,200 avia- man of that committee. I am still have Lester Brown, Miles O’Brien, Dan tion and manufacturing businesses, in- ranking member, but I challenged Rather, Time magazine, New York cluding Cessna, Hawker-Beechcraft, Chairman BOXER to hold such a hear- Times, the United Nations, and JIM Bombardier-Learjet, Boeing, Spirit ing. Despite the EPW Committee’s fail- INHOFE all in agreement on changing AeroSystems, Garmin, and Honeywell, ure to conduct any oversight, by 2007 it an environmental policy, you can rest just to name a few. However, aviation had become increasingly clear that to assured that the policy is horribly mis- is not simply an economic engine in double the RFS mandate into a shorter guided. All of these publications and Kansas, it is part of our history, our timeframe would prove reckless and individuals now realize the pure folly way of life, and, most importantly, premature. Yet many in Congress of the Federal Government’s current part of our future. It is an example of refuse to acknowledge the many warn- biofuel mandates. Once again, I call on our entrepreneurial spirit. ing signs. Congress to revisit the enactment of In late October of 2006, at my invita- The 2007 Energy bill mandated 36 mil- this mandate. tion, newly appointed Department of lion gallons of biofuels by 2022. Of this, Secondly, what we have to do—and I Transportation Secretary Mary Peters 15 billion gallons are now required from still am the ranking member of the En- traveled to Kansas to see firsthand corn-based ethanol by just 2015. Wash- vironment and Public Works Com- what the aviation industry means to ington was abuzz last year with talk of mittee which has jurisdiction over the our State. Congressman TODD TIAHRT energy independence, cutting our reli- EPA—is to call upon EPA to put a stop and I joined the Secretary on a tour of ance on foreign sources of energy, in- to the mandate now. It can be done Cessna’s headquarters and manufac- creasing supplies of fuels, investing in while they are trying to determine turing facility in Wichita to show the biofuels, lowering the price of energy, what effect this has on our food sup- importance of general aviation—gen- especially prices at the pump—all fine plies. The only way to do it is to stop eral aviation—to the Kansas economy. goals. Yet this Congress’s actions the mandate while the review is taking Cessna actually traces its roots back didn’t meet its rhetoric. I believe a se- place. People are starving to death be- to Clyde Cessna who built his first cure energy supply has to be grounded cause of this transfer from food to fuel. plane in Rago, KS, in 1911. in three principles: stability, diversity, As the ranking member of the EPW The Secretary and I then traveled to and affordability. Our policies have to Committee, which has jurisdiction, I Olathe, KS, to visit the Kansas City air promote domestic energy production, am going to ask for an immediate traffic control center. There we spoke including oil, gas, nuclear, corn, as waiver to stop this mandate. with the controllers and the trainees well as renewable fuels. I yield the floor to my good friend about their work, listened in as they I have said this over and over. We from Kansas who agrees with every- actually directed traffic through the need all of the above to meet the en- thing I just said. Kansas City airspace, making it pos- ergy crisis in America. What the Demo- The PRESIDING OFFICER (Mr. sible for people to fly in safety. crats and the green movement failed to TESTER). The Senator from Kansas. During our visit, the Secretary heard understand is environmental regula- f firsthand from industry leaders about tions are not free. They have a very the importance of updating our air real price. We should be producing FAA REAUTHORIZATION traffic control system, and that the more fuel at home. It is good for our Mr. ROBERTS. I thank my friend current tax mechanisms provide the security, good for jobs, good for con- and colleague from Oklahoma. most appropriate avenue to raise the sumers. Mr. President, I rise today in support necessary funds to upgrade into what Working with Congressman FRANK of the bipartisan agreement reached by they call NextGen technology—next LUCAs, I sponsored and secured Senate the Senate Finance and Commerce generation technology. passage of the first national transi- Committees on the reauthorization of This key message was delivered to tional assistance program to help farm- the Federal Aviation Administration me and the Secretary personally, and I ers grow dedicated energy crops for cel- Airport and Airway Trust Fund. In my have been delivering that same mes- lulosic biofuels. This measure is vital view this agreement represents the sage to my colleagues since this debate to the development of cellulosic true meaning of the word ‘‘com- began some time ago. It is no secret biofuels in the United States because it promise’’ and shows what is possible that I care passionately about this would encourage U.S. agricultural pro- when we really roll up our sleeves and issue and how general aviation is treat- ducers within a 50-mile radius of a cel- go to work. I have been working on ed, and to make sure they are treated lulosic biorefinery to produce nonfood this bill for 2 years. Reauthorizing the fairly. With my State’s close connec- energy crops for clean burning fuel. FAA and the Airport and Airway Trust tion to the history of this industry, ob- In addition, I am proud of the re- Fund is not only a top national pri- viously, you can see why. search taking place in my State of ority, but it is a top priority for my Kansas manufactures—this may be Oklahoma. It is being done by the State of Kansas as well. Kansas and unbelievable to some—Kansas manu- Noble Foundation and its partners. By aviation have a long history together. factures roughly 70 percent of the focusing on cellulosic ethanol, we can Aircraft pioneers such as Lloyd world’s general aviation aircraft—70 stimulate a biofuels industry that Stearman, who happened to sell his percent. doesn’t compete with other domestic company to Walter Boeing, Walter Throughout this debate, general agriculture. Since you can grow it all Beech, Clyde Cessna, E.M. Laird, Amel- aviation has been called to increase its over the country—and that is not to be ia Earhart, William Lear, and many contribution to the Airport and Airway said about corn—you avoid the trans- others, all have close ties to Kansas. It Trust Fund to help pay for the mod- portation problems of Midwest-focused was a team of Kansans that really cre- ernization of our air traffic control sys- ethanol. Cellulosic ethanol can in- ated the first commercially produced tem. crease both energy and economic secu- airplane in the United States. It was All along the way, general aviation rity. called the Laird Swallow. This plane has stepped to the plate and agreed to Washington has a long way to go to took flight in April of 1920, just 88 help pay for the necessary increases to get energy policy right. The future of years and a few weeks ago. My, how far move our aviation infrastructure into energy is going to require a wide vari- we have come. next generation technology. ety of fuels and approaches. We all Today, about 40,000 employees in I cannot recall a time when an indus- need to work together to achieve our Wichita and the surrounding counties try has come to me and said: We want common goals. The only way they can make their living building planes, to help. We are willing to support an defeat us is to divide and conquer. We manufacturing parts, and servicing increase in our taxes to actually do so. have seen examples of that recently. aviation. The aviation industry di- But that is exactly what the general But we all need to work together. I call rectly and indirectly supports over aviation community did. Their only re- on all of my colleagues today to set 140,000 jobs in Kansas—140,000 jobs—and quest has been that they be able to pay aside our differences and work together will soon contribute roughly $9 billion through the current efficient and effec- for an abundant, secure, and environ- annually to our State’s economy. That tive tax structure of the fuel tax. That mentally sound energy policy. is not only significant, that is amazing. was their only request.

VerDate Aug 31 2005 02:00 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G29AP6.027 S29APPT1 CCOLEMAN on PRODPC75 with SENATE April 29, 2008 CONGRESSIONAL RECORD — SENATE S3473 The agreement finally reached be- EXECUTIVE SESSION William Edward Todd, of Virginia, a Career tween the Finance and Commerce Com- Member of the Senior Executive Service, to mittees respects this request and al- be Ambassador Extraordinary and Pleni- lows general aviation to be part of the EXECUTIVE CALENDAR potentiary of the United States of America to Brunei Darussalam. modernization solution without cre- Mr. CASEY. Mr. President, I ask Hugo Llorens, of Florida, a Career Member ating a new bureaucracy or additional unanimous consent that the Senate of the Senior Foreign Service, Class of Min- redtape. The agreement would allow proceed to executive session to con- ister-Counselor, to be Ambassador Extraor- AvGas to remain at its current rate, sider the following nominations: Cal- dinary and Plenipotentiary of the United but would increase the Jet A fuel tax endar Nos. 516, 519 through 524, 526 States of America to the Republic of Hon- from 21.8 cents to 36 cents per gallon on through 536, 542 through 564, and all duras. general aviation flights. nominations on the Secretary’s desk in Nancy E. McEldowney, of Florida, a Career Now, this raises an additional $250 the Foreign Service, Air Force, Army, Member of the Senior Foreign Service, Class million dedicated to updating the air of Minister-Counselor, to be Ambassador Ex- Coast Guard, Marine Corps, and Navy; traordinary and Plenipotentiary of the traffic control technology that will in- that the nominations be confirmed en United States of America to the Republic of crease safety and decrease congestion— bloc; the motions to reconsider be laid Bulgaria. something that is in the headlines upon the table en bloc; that no further Stephen George McFarland, of Texas, a Ca- every day. At the same time, our com- motions be in order; that the President reer Member of the Senior Foreign Service, mercial airlines and passengers are be immediately notified of the Senate’s Class of Minister-Counselor, to be Ambas- held harmless from tax increases, given action; and that the Senate resume leg- sador Extraordinary and Plenipotentiary of the challenges they face today. islative session; that any statements the United States of America to the Republic I am pleased this agreement recog- relating to any of these nominations be of Guatemala. Peter E. Cianchette, of Maine, to be Am- nizes the value of both the commercial printed in the RECORD. bassador Extraordinary and Plenipotentiary aviation and general aviation to our The PRESIDING OFFICER. Without of the United States of America to the Re- Nation’s transportation system. I real- objection, it is so ordered. public of Costa Rica. ize there have been strong feelings on The nominations considered and con- Frank Charles Urbancic, Jr., of Indiana, a both sides of this debate. firmed en bloc are as follows: Career Member of the Senior Foreign Serv- My goals, as we drafted this bill, DEPARTMENT OF JUSTICE ice, Class of Minister-Counselor, to be Am- were very clear: One, ensure that our Rebecca A. Gregory, of Texas, to be United bassador Extraordinary and Plenipotentiary air traffic control system is updated States Attorney for the Eastern District of of the United States of America to the Re- and remains safe for all passengers and Texas for the term of four years. public of Cyprus. Barbara McConnell Barrett, of Arizona, to DEPARTMENT OF STATE aircraft; and, two, protect the general be Ambassador Extraordinary and Pleni- aviation community and Kansas jobs, Patricia M. Haslach, of Oregon, a Career potentiary of the United States of America which would have been threatened by Member of the Senior Foreign Service, Class to the Republic of Finland. of Minister-Counselor, for the rank of Am- something called a user fee. DEPARTMENT OF HEALTH AND HUMAN SERVICES Today, I am pleased to say we have bassador during her tenure of service as Robert G. McSwain, of Maryland, to be Di- succeeded on both counts. This legisla- United States Senior Coordinator for the Asia-Pacific Economic Cooperation (APEC) rector of the Indian Health Service, Depart- tion represents the best of bipartisan Forum. ment of Health and Human Services, for the compromise in a real effort to make Joxel Garcia, of Connecticut, to be Rep- term of four years. our skies safer. I am proud to be part of resentative of the United States on the Exec- IN THE AIR FORCE this compromise, as are the 40,000 utive Board of the World Health Organiza- The following named officer for appoint- workers employed in Kansas in avia- tion. ment in the United States Air Force to the tion manufacturing. INTERNATIONAL JOINT COMMISSION, UNITED grade indicated under title 10, U.S.C., section Kansas has a long history of being STATES AND CANADA 624: the world’s leader in aviation achieve- Samuel W. Speck, of Ohio, to be a Commis- To be brigadier general sioner on the part of the United States on ments. This agreement guarantees that Col. Bruce A. Litchfield Kansas and our great general aviation the International Joint Commission, United States and Canada. The following named officers for appoint- industry will remain leaders in the ment in the United States Air Force to the DEPARTMENT OF STATE sky. Kansas is—always has been—and grade indicated under title 10, U.S.C., section remains the air capital of the world Scot A. Marciel, of California, for the rank 624: under this agreement. I thank my col- of Ambassador during his tenure of service as Deputy Assistant Secretary of State for To be major general leagues for helping us reach an agree- East Asian and Association of Southeast Brigadier General C. D. Alston ment that will maintain our world Asian Nations (ASEAN) Affairs. Brigadier General Brooks L. Bash standing. Yousif Boutrous Ghafari, of Michigan, to Brigadier General Michael J. Basla Also included in this agreement is a be Ambassador Extraordinary and Pleni- Brigadier General Paul F. Capasso fix to the projected funding deficit in potentiary of the United States of America Brigadier General Floyd L. Carpenter the highway trust fund for 2009. This 1- to the Republic of Slovenia. Brigadier General David J. Eichhorn year patch will keep necessary trans- Kurt Douglas Volker, of Pennsylvania, a Brigadier General Gregory A. Feest portation construction projects on Career Foreign Service Officer of Class One, Brigadier General Burton M. Field to be United States Permanent Representa- Brigadier General Randal D. Fullhart schedule and help our State transpor- tive on the Council of the North Atlantic Brigadier General Bradley A. Heithold tation departments meet their finan- Treaty Organization, with the rank and sta- Brigadier General Ralph J. Jodice, II cial obligations. tus of Ambassador Extraordinary and Pleni- Brigadier General Duane A. Jones I am hopeful the Senate will continue potentiary. Brigadier General Frank J. Kisner to work in the spirit of bipartisanship Robert J. Callahan, of Virginia, a Career Brigadier General Jay H. Lindell on the bill so we can quickly move to Member of the Senior Foreign Service, Class Brigadier General Darren W. McDew a conference committee and eventually of Minister-Counselor, to be Ambassador Ex- Brigadier General Christopher D. Miller traordinary and Plenipotentiary of the have a bill signed into law before the Brigadier General Harold W. Moulton, II United States of America to the Republic of Brigadier General Stephen P. Mueller current program expires. Nicaragua. Brigadier General Ellen M. Pawlikowski We must do this. American travelers Heather M. Hodges, of Ohio, a Career Mem- Brigadier General Paul G. Schafer and businesses and pilots deserve the ber of the Senior Foreign Service, Class of Brigadier General Stephen D. Schmidt predictability and stability that comes Minister-Counselor, to be Ambassador Ex- Brigadier General Michael A. Snodgrass with passing this bill. traordinary and Plenipotentiary of the Brigadier General Mark S. Solo United States of America to the Republic of Mr. President, I yield the floor. I be- The following named officer for appoint- Ecuador. lieve Senator CASEY wishes to address ment in the United States Air Force to the Barbara J. Stephenson, of Florida, a Career grade indicated while assigned to a position the Senate. I yield to my colleague. Member of the Senior Foreign Service, Class of importance and responsibility under title The PRESIDING OFFICER. The Sen- of Minister-Counselor, to be Ambassador Ex- 10, U.S.C., section 601: ator from Pennsylvania. traordinary and Plenipotentiary of the Mr. CASEY. Mr. President, I thank United States of America to the Republic of To be lieutenant general my colleague from Kansas. Panama. Maj. Gen. Dana T. Atkins

VerDate Aug 31 2005 02:00 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G29AP6.028 S29APPT1 CCOLEMAN on PRODPC75 with SENATE S3474 CONGRESSIONAL RECORD — SENATE April 29, 2008

IN THE ARMY Col. Kenneth J. Lee The following named officer for appoint- The following named officer for appoint- The following named officer for appoint- ment in the United States Navy to the grade ment in the United States Army to the grade ment in the grade of lieutenant general in indicated under title 10, U.S.C., sections 5133 indicated under title 10, U.S.C., section 624: the United States Marine Corps while as- and 5138: To be major general signed to a position of importance and re- To be rear admiral Brig. Gen. Scott G. West sponsibility under title 10, U.S.C., section Rear Adm. (lh) Carol I. Turner 601: The following named officer for appoint- NOMINATIONS PLACED ON THE SECRETARY’S ment in the United States Army to the grade To be lieutenant general DESK indicated while assigned to a position of im- Brig. Gen. Joseph F. Dunford, Jr. IN THE AIR FORCE portance and responsibility under title 10, The following named officer for appoint- PN1382 AIR FORCE nominations (2230) be- U.S.C., section 601: ment to the grade of lieutenant general in ginning DAVID M. ABEL, and ending MI- To be general the United States Marine Corps while as- CHAEL M. ZWALVE, which nominations signed to a position of importance and re- were received by the Senate and appeared in Lt. Gen. Walter L. Sharp the Congressional Record of February 26, The following named officer for appoint- sponsibility under title 10, U.S.C., section 601: 2008. ment in the United States Army to the grade PN1466 AIR FORCE nominations (19) begin- indicated while assigned to a position of im- To be lieutenant general ning SUSAN S. BAKER, and ending JON C. portance and responsibility under title 10, Maj. Gen. John M. Paxton, Jr. WELCH, which nominations were received by U.S.C., section 601: The following named officer for appoint- the Senate and appeared in the Congres- To be lieutenant general ment to the grade of lieutenant general in sional Record of March 11, 2008. PN1467 AIR FORCE nominations (65) begin- Lt. Gen. Ann E. Dunwoody the United States Marine Corps while as- signed to a position of importance and re- ning DAVID A. BARGATZE, and ending The following named officer for appoint- AARON E. WOODWARD, which nominations sponsibility under title 10, U.S.C., section ment in the United States Army to the grade were received by the Senate and appeared in 601: indicated while assigned to a position of im- the Congressional Record of March 11, 2008. portance and responsibility under title 10, To be lieutenant general PN1469 AIR FORCE nominations (34) begin- U.S.C., section 601: Maj. Gen. Dennis J. Hejlik ning MARK E. ALLEN, and ending To be general The following named officer for appoint- CHARLES E. WIEDIE JR., which nomina- Gen. David D. McKiernan ment to the grade of lieutenant general in tions were received by the Senate and ap- peared in the Congressional Record of March the United States Marine Corps while as- The following named officer for appoint- 11, 2008. ment in the United States Army to the grade signed to a position of importance and re- PN1470 AIR FORCE nominations (18) begin- indicated under title 10, U.S.C., section 624: sponsibility under title 10, U.S.C., section ning KERRY M. ABBOTT, and ending WIL- To be major general 601: LIAM F. ZIEGLER III, which nominations Brig. Gen. Robert L. Caslen, Jr. To be lieutenant general were received by the Senate and appeared in Lt. Gen. Richard F. Natonski the Congressional Record of March 11, 2008. The following named officer for appoint- PN1471 AIR FORCE nominations (23) begin- The following named officer for appoint- ment in the United States Army to the grade ning RICHARD T. BROYER, and ending indicated while assigned to a position of im- ment to the grade of lieutenant general in BRIAN K. WYRICK, which nominations were portance and responsibility under title 10, the United States Marine Corps while as- received by the Senate and appeared in the U.S.C., section 601: signed to a position of importance and re- Congressional Record of March 11, 2008. To be lieutenant general sponsibility under title 10, U.S.C., section PN1472 AIR FORCE nominations (1019) be- 601: Maj. Gen. Mitchell H. Stevenson ginning JOHN T. AALBORG JR., and ending To be lieutenant general MICHAEL A. ZROSTLIK, which nominations The following named officer for appoint- Maj. Gen. Duane D. Thiessen were received by the Senate and appeared in ment in the United States Army to the grade the Congressional Record of March 11, 2008. indicated while assigned to a position of im- IN THE NAVY PN1526 AIR FORCE nominations (118) be- portance and responsibility under title 10, The following named officer for appoint- ginning DAVID L. BABCOCK, and ending U.S.C., section 601: ment in the United States Navy to the grade WAYNE A. ZIMMET, which nominations To be lieutenant general indicated while assigned to a position of im- were received by the Senate and appeared in Maj. Gen. Frank G. Helmick portance and responsibility under title 10, the Congressional Record of March 31, 2008. U.S.C., section 601: PN1551 AIR FORCE nomination of Howard IN THE MARINE CORPS To be vice admiral P. Blount III, which was received by the Sen- The following named officers for appoint- ate and appeared in the Congressional ment in the United States Marine Corps to Rear Adm. John M. Bird Record of April 7, 2008. the grade indicated under title 10, U.S.C., The following named officer for appoint- PN1552 AIR FORCE nomination of Errill C. section 624: ment in the United States Navy to the grade Avecilla, which was received by the Senate To be major general indicated under title 10, U.S.C., section 624: and appeared in the Congressional Record of Brigadier General Randolph D. Alles To be rear admiral April 7, 2008. PN1553 AIR FORCE nomination of Mark Y. Brigadier General Joseph F. Dunford, Jr. Rear Adm. (lh) Victor C. See, Jr. Liu, which was received by the Senate and Brigadier General Anthony L. Jackson The following named officers for appoint- appeared in the Congressional Record of Brigadier General Paul E. Lefebvre ment in the United States Navy to the grade April 7, 2008. Brigadier General Richard P. Mills indicated under title 10, U.S.C., section 624: PN1554 AIR FORCE nominations (2) begin- Brigadier General Robert E. Milstead, Jr. To be rear admiral (lower half) ning BRYCE G. WHISLER, and ending TIM- Brigadier General Martin Post OTHY M. FRENCH, which nominations were Brigadier General Michael R. Regner Captain Douglass T. Biesel received by the Senate and appeared in the The following named officer for appoint- Captain Barry L. Bruner Congressional Record of April 7, 2008. ment in the United States Marine Corps Re- Captain Jerry K. Burroughs PN1555 AIR FORCE nominations (3) begin- serve to the grade indicated under title 10, Captain James D. Cloyd ning PHIET T. BUT, and ending MICHAEL J. U.S.C., section 12203: Captain Thomas A. Cropper MORRIS, which nominations were received Captain Dennis E. Fitzpatrick To be major general by the Senate and appeared in the Congres- Captain Michael T. Franken sional Record of April 7, 2008. Brig. Gen. Darrell L. Moore Captain Bradley R. Gehrke IN THE ARMY The following named officer for appoint- Captain Robert P. Girrier PN1473 ARMY nominations (174) beginning ment to the grade of lieutenant general in Captain Paul A. Grosklags MARIO AGUIRRE III, and ending SCOTT B. the United States Marine Corps while as- Captain Sinclair M. Harris ZIMA, which nominations were received by signed to a position of importance and re- Captain Margaret D. Klein the Senate and appeared in the Congres- sponsibility under title 10, U.S.C., section Captain Patrick J. Lorge sional Record of March 11, 2008. 601: Captain Brian L. Losey PN1474 ARMY nominations (187) beginning To be lieutenant general Captain Michael E. McLaughlin BARRY L. ADAMS, and ending TIMOTHY M. Lt. Gen. Keith J. Stalder Captain William F. Moran ZEGERS, which nominations were received Captain Samuel Perez, Jr. The following named officers for appoint- by the Senate and appeared in the Congres- Captain James J. Shannon ment in the United States Marine Corps Re- sional Record of March 11, 2008. Captain Clifford S. Sharpe PN1475 ARMY nominations (45) beginning serve to the grade indicated under title 10, Captain Troy M. Shoemaker KEVIN S. ANDERSON, and ending RUFUS U.S.C., section 12203: Captain Dixon R. Smith WOODS III, which nominations were re- To be brigadier general Captain Robert L. Thomas, Jr. ceived by the Senate and appeared in the Col. James M. Lariviere Captain Douglas J. Venlet Congressional Record of March 11, 2008.

VerDate Aug 31 2005 04:21 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\A29AP6.009 S29APPT1 CCOLEMAN on PRODPC75 with SENATE April 29, 2008 CONGRESSIONAL RECORD — SENATE S3475 PN1476 ARMY nominations (61) beginning appeared in the Congressional Record of Feb- the authorizations of appropriations for, or ROBERT B. ALLMAN III, and ending RICH- ruary 5, 2008. the durations of, programs contained in the ARD F. WINCHESTER, which nominations PN1477 NAVY nomination of Theresa A. amendments made by the Higher Education were received by the Senate and appeared in Fraser, which was received by the Senate Reconciliation Act of 2005 (Public Law 109– the Congressional Record of March 11, 2008. and appeared in the Congressional Record of 171) or by the College Cost Reduction and Ac- PN1527 ARMY nomination of Barry L. March 11, 2008. cess Act (Public Law 110–84) to the provi- Shoop, which was received by the Senate and PN1478–1 NAVY nominations (23) beginning sions of the Higher Education Act of 1965 and appeared in the Congressional Record of LEE R. RAS, and ending ELIZABETH M. the Taxpayer-Teacher Protection Act of 2004. March 31, 2008. SOLZE, which nominations were received by f PN1528 ARMY nomination of Brian J. the Senate and appeared in the Congres- Chapuran, which was received by the Senate sional Record of March 11, 2008. RECESS and appeared in the Congressional Record of PN1535 NAVY nomination of Aaron J. Mr. CASEY. Mr. President, I ask March 31, 2008. Beattie IV, which was received by the Senate unanimous consent that the Senate PN1529 ARMY nomination of Gregory T. and appeared in the Congressional Record of now stand in recess until 2:15 p.m. Reppas, which was received by the Senate March 31, 2008. and appeared in the Congressional Record of PN1536 NAVY nominations (3) beginning There being no objection, the Senate, March 31, 2008. KRISTIAN E. LEWIS, and ending LUTHER at 12:24 p.m., recessed until 2:15 p.m. PN1530 ARMY nomination of Vanessa M. P. MARTIN, which nominations were re- and reassembled when called to order Meyer, which was received by the Senate and ceived by the Senate and appeared in the by the Presiding Officer (Mr. CARPER). appeared in the Congressional Record of Congressional Record of March 31, 2008. f March 31, 2008. PN1587 NAVY nominations (3) beginning PN1531 ARMY nominations (2) beginning SAMUEL G. ESPIRITU, and ending PAUL G. FAA REAUTHORIZATION ACT OF THOMAS E. DURHAM, and ending DANIEL SCANLAN, which nominations were received 2007—MOTION TO PROCEED P. MASSEY, which nominations were re- by the Senate and appeared in the Congres- The PRESIDING OFFICER. The ceived by the Senate and appeared in the sional Record of April 15, 2008. Congressional Record of March 31, 2008. clerk will report the pending business. PN1588 NAVY nominations (31) beginning The assistant legislative clerk read PN1532 ARMY nominations (3) beginning TERRY L. BUCKMAN, and ending THOMAS CHARLES L. GARBARINI, and ending JUAN M. WILLIAMS, which nominations were re- as follows: GARRASTEGUI, which nominations were re- ceived by the Senate and appeared in the A motion to proceed to the bill (H.R. 2881) ceived by the Senate and appeared in the Congressional Record of April 15, 2008. to amend title 49, United States Code, to au- Congressional Record of March 31, 2008. thorize appropriations for the Federal Avia- PN1533 ARMY nominations (2) beginning f tion Administration for fiscal years 2008 MILTON M. ONG, and ending MATTHEW S. LEGISLATIVE SESSION through 2011, to improve aviation safety and MOWER, which nominations were received capacity, to provide stable funding for the by the Senate and appeared in the Congres- The PRESIDING OFFICER. The Sen- national aviation system, and for other pur- sional Record of March 31, 2008. ate will now return to legislative ses- poses. PN1534 ARMY nomination of Craig A. sion. The PRESIDING OFFICER. Who Myatt, which was received by the Senate and f seeks recognition? appeared in the Congressional Record of The Senator from Wyoming is recog- March 31, 2008. EXTENDING THE PROGRAMS PN1556 ARMY nomination of John C. Kolb, UNDER THE HIGHER EDUCATION nized. which was received by the Senate and ap- ACT OF 1965 Mr. BARRASSO. Mr. President, I ask peared in the Congressional Record of April unanimous consent to speak as in 7, 2008. Mr. CASEY. Mr. President, I ask morning business. PN1568 ARMY nomination of Kenneth D. unanimous consent that the Senate The PRESIDING OFFICER. Without Smith, which was received by the Senate and proceed to the immediate consider- objection, it is so ordered. appeared in the Congressional Record of ation of S. 2929, introduced earlier GASOLINE PRICES April 15, 2008. today by Senator KENNEDY. Mr. BARRASSO. Mr. President, PN1569 ARMY nomination of John M. The PRESIDING OFFICER. The today I rise to speak about the price of Hoppmann, which was received by the Sen- clerk will report the bill by title. ate and appeared in the Congressional gasoline and the price of diesel fuel, Record of April 15, 2008. The assistant legislative clerk read which is affecting every driver in PN1570 ARMY nominations (38) beginning as follows: America. My principal message is that AMY M. BAJUS, and ending ROBERT P. A bill (S. 2929) to temporarily extend the Washington policies should not drive VASQUEZ, which nominations were received programs under the Higher Education Act of up the prices at the pump. At an abso- by the Senate and appeared in the Congres- 1965. lute minimum, Federal practices sional Record of April 15, 2008. There being no objection, the Senate should not be making prices any worse. IN THE COAST GUARD proceeded to consider the bill. According to the American Auto- PN1561 COAST GUARD nomination of Mr. CASEY. Mr. President, I ask mobile Association, the average retail Trevor M. Hare, which was received by the unanimous consent that the bill be price for regular unleaded gasoline is Senate and appeared in the Congressional read three times and passed; the mo- Record of April 15, 2008. $3.60 a gallon. The average price of die- PN1562 COAST GUARD nomination of tion to reconsider be laid upon the sel fuel is $4.24 a gallon. This is before Susan M. Maitre, which was received by the table, with no intervening action or de- this summer’s driving season has even Senate and appeared in the Congressional bate; and any statements related to the started. Record of April 15, 2008. bill be printed in the RECORD. Consumers all across America are IN THE FOREIGN SERVICE The PRESIDING OFFICER. Without hurt by the inflationary pressures at PN1452 FOREIGN SERVICE nominations objection, it is so ordered. the pump. My constituents in Wyoming (138) beginning Andrew Townsend Wiener, The bill (S. 2929) was ordered to be know firsthand the huge impact that and ending Troy A. Lindquist, which nomi- engrossed for a third reading, was read $110 or $120 per barrel of oil has on nations were received by the Senate and ap- the third time, and passed, as follows: their wallets. I visit with them every peared in the Congressional Record of March S. 2929 weekend. The price at the pump in Cas- 5, 2008. Be it enacted by the Senate and House of Rep- per, WY, just 3 weeks ago was $2.91. IN THE MARINE CORPS resentatives of the United States of America in This past weekend, it was $3.31. Wyo- PN1571 MARINE CORPS nominations (3) Congress assembled, ming ranks at the top of all States in beginning DAVID G. MCCULLOH, and end- SECTION 1. EXTENSION OF HIGHER EDUCATION terms of vehicle miles traveled on a per ing PAUL W. VOSS, which nominations were PROGRAMS. capita basis. Because of my State’s received by the Senate and appeared in the (a) EXTENSION OF PROGRAMS.—Section 2(a) Congressional Record of April 15, 2008. sparse population and great distances, of the Higher Education Extension Act of that means it is not uncommon to IN THE NAVY 2005 (Public Law 109–81; 20 U.S.C. 1001 note) is commute 20, 50, or even 100 miles round PN1251 NAVY nomination of Thomas M. amended by striking ‘‘April 30, 2008’’ and in- Cashman, which was received by the Senate serting ‘‘May 31, 2008’’. trip to work, to school, or just to buy and appeared in the Congressional Record of (b) RULE OF CONSTRUCTION.—Nothing in groceries. January 23, 2008. this section, or in the Higher Education Ex- Today’s current oil prices are pri- PN1302 NAVY nomination of Kelly R. Mid- tension Act of 2005 as amended by this Act, marily due to supply and demand fun- dleton, which was received by the Senate and shall be construed to limit or otherwise alter damentals. At close examination, there

VerDate Aug 31 2005 04:21 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\A29AP6.005 S29APPT1 CCOLEMAN on PRODPC75 with SENATE S3476 CONGRESSIONAL RECORD — SENATE April 29, 2008 are really several different underlying When the Federal Government buys oil fuel economy requirements to improve contributors to today’s high prices: ris- at today’s prices, it is an expensive long-term efficiency in our cars and in ing world demand, especially in India proposition for all taxpayers. At cur- our trucks. Increased energy efficiency and China; geopolitical tensions in the rent prices, it will cost over $8 million and conservation must be an important Middle East, in Venezuela, in Nigeria; a day for the Government to purchase part of any long-term energy solution. limited options for acquiring addi- these 70,000 barrels of oil. Well, that Other policies worthy of debate include tional supply; the weakness of the U.S. equates to about $250 million a month, expanded domestic production of en- dollar; environmental regulations; and nearly $3 billion a year. The impact to ergy, and we have also held hearings on perhaps even excessive market specula- the Treasury and to the American driv- excessive speculation and market ma- tion and manipulation. Recognizing er is real. Currently, the goal is to fill nipulation. More recently, some have this, Federal Government practices the Strategic Petroleum Reserve with called for a holiday on the Federal gas- should not—should not—drive prices up to 1.5 billion—billion—barrels of oil. oline tax. All of these efforts are wor- even higher. That is why I am an- At the current rate of putting in 70,000 thy of debate. A temporary halt on nouncing legislation today, S. 2927, barrels a day, it will take another 30 adding more oil to the Strategic Petro- that provides for a temporary suspen- years to achieve this level—70,000 bar- leum Reserve is really the low-hanging sion of Federal oil purchases for the rels a day for 30 years. fruit. If we can’t agree on these simple Strategic Petroleum Reserve. I recognize that a temporary suspen- steps for fiscal responsibility, how will This Strategic Petroleum Reserve sion by itself is not going to bring we come to an agreement on the more was initially created in the mid-1970s. down the price of gasoline to $2.50 or complex solutions to energy security? It was set up to protect the Nation even $3 a gallon overnight. But I made I urge my colleagues on both sides of from oil supply disruptions that fol- a commitment to the people of Wyo- the aisle to support this legislation lowed the Arab oil embargo. I support ming. I made a commitment to do what without delay. With gasoline prices at the goal of protecting America’s en- I can to help when it comes to Wash- an alltime high, the American driver— ergy security. The Strategic Petroleum ington policies that just don’t seem to the American driver—should not have Reserve has served our Nation well. make sense. As a physician, I took an to compete with Washington policies This legislation, though, says enough oath to do no harm. As a Senator, I am that are driving up the price at the is enough. At today’s high prices, this committed to a philosophy of Govern- pump. legislation tells the Government to ment accountability and fiscal respon- Mr. President, I yield the floor. The PRESIDING OFFICER. The Sen- stop putting any more oil into the sibility. ator from Virginia is recognized. Strategic Petroleum Reserve—to stop In addition to temporarily stopping Mr. WEBB. Mr. President, I wish to doing it whenever the average price of the stockpiling of oil at these high take some time today to address a cer- gasoline is over $2.50 a gallon. This prices, there is a second component to tain portion of H.R. 2881. Before I begin chart clearly shows when we went this bill: commonsense steps for fiscal those remarks, I also wish to mention above the red line, above $2.50, and responsibility. This legislation in- that there are a number of commu- when it has come below and when it is cludes simple recommendations put nities in Virginia that experienced above. This has been in the last 3 forth by the Government Account- some pretty devastating weather ef- years. This legislation also tells the ability Office. fects yesterday as a result of high Government to stop putting oil into This bill would require dollar cost winds and tornadoes. I want the people the Strategic Petroleum Reserve when averaging when it comes to purchasing in those communities to know we have the price of diesel fuel exceeds $2.75 a oil in the future. We could save tax- been in continuous contact from my of- gallon. payers money if we just purchased the fice with the Governor’s office and we Currently, the United States is buy- same dollar amount of oil each month have people from our office down in ing about 70,000 barrels, 70,000 barrels rather than the same volume of oil these communities, and we are com- of oil each and every day to save and each month. This means you end up mitted to ensuring that appropriate inject underground. The Government buying more oil when the prices are governmental assistance be made keeps buying it every day, regardless of low and less oil when the prices are available and remain available until price. When the prices of fuel go up, high. The practice works for individual the effects of this unfortunate weather people try to use less. They carpool, investors. It is what millions of Ameri- occurrence are remedied. they use public transportation. Not the cans do every month with their retire- I wish to thank the chairman for U.S. Government—70,000 barrels every ment plans. bringing this bill to the floor, and in day regardless of need, regardless of There is an article in this week’s general, I support the bill. Our Nation’s price. The Strategic Petroleum Re- Fortune magazine. It is entitled air traffic control systems are in seri- serve already contains 700 million bar- ‘‘Where to Put Your Money Now.’’ The ous need of modernization. We all know rels of oil. article says: With the markets giving that. This bill in most ways is the The Administrator of the Energy In- off so many mixed signals, use dollar right step in addressing those chal- formation Administration recently tes- cost averaging. The Federal Govern- lenges. But I would like to take a few tified to the Senate Energy and Nat- ment should operate with that same minutes today to talk about an issue ural Resources Committee. He said prudence. If the Department of Energy that is vitally important to a lot of taking this much oil out of the market had used this approach in recent years, communities in and around Reagan Na- every day does drive up the price for it could have saved American tax- tional Airport in northern Virginia. American drivers. He wasn’t sure of the payers over $590 million. I am deeply troubled by a provision amount. He estimated it could be $2 per The Federal Government could also in this bill that would add 20 additional barrel of oil, maybe a nickel per gallon. save taxpayer dollars by storing heav- slots at Reagan National, including A private analyst has argued that con- ier grades of crude oil. The Govern- several potential amendments that tinuing to fill the Strategic Petroleum ment Accountability Office has pointed could further harm that airport as well Reserve could add as much as 10 per- out that such a strategy would be more as Dulles International Airport and cent to the price of gasoline—10 per- cost-effective and provide more refin- their neighboring communities. cent. While there appears to be a dis- ers with the kind of oil the refiners can We should recall that in 1987, Con- agreement on the magnitude, it is clear actually use. gress created the Metropolitan Wash- that when the Government is com- These are two fundamental steps to ington Airports Authority in order to peting with the American driver, it improve Government accountability run Reagan National and Washington does have an impact. Every day, the and fiscal responsibility. Many of us Dulles International Airports. The cre- Government is pulling 70,000 barrels of complain about Government waste. In ation of the Airports Authority estab- crude oil from the market. This is oil this legislation, we have a chance to do lished a professional organization to which could otherwise be used by air- something about it. operate the airports efficiently and lines, by trucks, or by our neighbors. I fully recognize that our energy represented a commitment to the sur- My bill would also impose fiscal re- problems are complex. This body re- rounding communities regarding air- sponsibility on future oil purchases. cently adopted new corporate average craft noise and traffic. I think that

VerDate Aug 31 2005 02:00 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G29AP6.040 S29APPT1 CCOLEMAN on PRODPC75 with SENATE April 29, 2008 CONGRESSIONAL RECORD — SENATE S3477 bears repeating. Congress made a com- quality of life in these communities as Of course, that is exactly what is mitment to the residents of Alexan- we measure them against the conven- going on in nearly every industry in dria, Arlington, and Fairfax County on ience of using the airport. America today. We are experiencing an the operation of Reagan National Air- It strikes me that the desire to energy shock to our pocketbook— port when it transferred authority on change the slot and perimeter rules at whether it be my private pocketbook these issues over to the Airports Au- Reagan National is not being driven by or an Idahoan’s private pocketbook or thority. Those commitments were codi- market demand but rather by a few a corporate private pocketbook—in a fied by Congress in the so-called perim- airlines seeking a competitive advan- way that leaves us with no ability to eter and slot rules. Changes to these tage over others. By allowing existing assume it, to consume it in a way that rules threaten to seriously degrade rules to be altered further for a select does not damage our choices on staying service to the airports, and they break class of airlines, Congress would be al- alive as a major air carrier or our the promises that were made to these locating this scarce resource for the choice as a consumer where we put our surrounding communities. convenience of a few and, again, in con- money—with what few discretionary In an ideal world, it sounds appealing tradiction to the larger community dollars we have left. to have more flights to Reagan Na- need. In that context, it is so easy to blame tional Airport, but the fact is that The bottom line question is, How somebody else for a problem that large- there are basic physical constraints to many more additional aircraft and how ly this Congress has observed, talked that airport that simply cannot be ig- much more noise should local citizenry about, and denied action on for nearly nored. If anyone has ever tried to fly have to endure before we have crossed 20 years. Those of us on energy com- out of Reagan National during peak this important threshold? mittees in the Congress who said the hours, they know that parking can be Congress added 24 new slots in 2000 answer to a looming problem was going extraordinarily difficult, that ticket and another 22 slots in 2003. If we con- to be conservation, new technology, in- counters can be incredibly congested, tinue to allow more flights this year, creased development, and production of and that the number of gates that park how many more are we going to have existing energy sources over the last the jets is limited. I am told that an in- to continue to allow the next time this two decades—and we have largely de- crease of just four airplane slots, for bill comes up? nied ourselves those options—are now The communities of Northern Vir- example, could result in an additional today wringing our hands in frustra- ginia should not have to continually 400 to 500 passengers going through this tion about the phenomenal cost of en- suffer for the convenience of a relative airport an hour. ergy to the American consumer. Nearly 10 years ago, the Airports Au- few. So what do we do? We reach out to I close by saying that the Congress thority rebuilt much of Reagan Na- blame someone when we cannot find it made a commitment to these Virginia tional, transforming it into one of the easy to blame ourselves. So to whom communities when it ceded control to most efficient airports in the Nation, do we turn? We say it has to be the Airports Authority. It should honor as the facilities constructed were ExxonMobile’s fault; look at all of those commitments. Let’s allow the matched to the number of flights es- their profits. Or it has to be Chevron’s Airports Authority to run Washing- tablished by law. Any increase in the fault or it has to be Marathon’s fault ton’s airports. I urge my colleagues to number of flights will overburden crit- or, if you read in the paper today, Brit- reject any changes to the slot and pe- ical airport facilities and infrastruc- ish Petroleum has record profits, a 12- rimeter rules at Reagan National. percent increase in return on invest- ture, causing serious disruptions. New Mr. President, I yield the floor, and I ment. Gosh, we have to blame those big flights, obviously, would create greater suggest the absence of a quorum. oil companies because surely they are demand for parking at a time when The PRESIDING OFFICER. The in control of the market, surely they parking is difficult, affect gate access, clerk will call the roll. and all these other areas I mentioned The assistant legislative clerk pro- demand the price, and it seems it has before. ceeded to call the roll. to be their fault. When the Airports Authority up- Mr. CRAIG. Mr. President, I ask I have brought before us today a graded their facilities in the 1990s, it unanimous consent that the order for chart that might change our minds did so with these slot and perimeter re- the quorum call be rescinded. just a little bit. When we talk about strictions in mind. These were care- The PRESIDING OFFICER. Without ExxonMobile as it relates to their posi- fully crafted rules that work in har- objection, it is so ordered. tion in the world, well, my goodness, mony to manage this airport’s capac- Mr. CRAIG. Mr. President, I ask they don’t control the oil supply of the ity. Adding more flights would quickly unanimous consent that following my world. They have a very small piece of exceed the physical capacity of the air- remarks, Senator SCHUMER from New it. Chevron, oh, my goodness, they port. York be allowed to speak for 10 min- don’t control the oil supply of the Importantly, the slot rules created utes. world. They have a very small piece of an airport in balance with its sur- The PRESIDING OFFICER. Without it. rounding neighborhoods. Because objection, it is so ordered. Who owns the oil of the world today Reagan National is convenient to many The Senator from Idaho. from which we buy? Not U.S. compa- air passengers, it is appreciated and Mr. CRAIG. Mr. President, before us nies but world countries—Saudi Ara- well used. But this convenience comes is H.R. 2081, which is the reauthoriza- bia, Saudi Armco, the largest producer at a heavy price for many of the air- tion of the Federal Aviation Adminis- by a magnitude of three or four times. port neighbors in the form of aircraft tration and, of course, that is the au- Then walk right on down to 11, 12 of noise and related traffic situations on thority tied directly to America’s air- the leading major producers are not the roads in these areas. Adding flights lines and the body of public policy companies, they are countries, and it beyond what was agreed to in this leg- under which they operate. It comes at does not happen to be the United islation breaks the bond that was cre- a time when all of us are frustrated by States of America that is in that top 12 ated with the neighbors of the airports. what was once a great American indus- group. We should be, but we are not be- It unfairly burdens them for the sake try, and that, of course, is the airline cause we have denied ourselves the of the convenience of others. industry. We set the records, we estab- ability to develop our oil reserves in I note that the city of Alexandria, lished the world standards in all re- Alaska, offshore United States, off- Arlington County, the McLean Citizens spects to aviation, and now our indus- shore west coast, offshore east coast, Association, the Mount Vernon Citi- try is in great trouble. It is in great oh, all in the name of the environment zens Association, the Washington trouble for a lot of reasons, but one of even though it is our technology today Council of Governments, and Virginia the underlying reasons today is the that is the world-class, environ- Governor Tim Kaine all oppose these substantial cost in aviation fuel that mentally proven and sound technology changes. all of these large carriers must acquire for deep sea oil development. So then I am particularly concerned that on a daily basis and the inability to we blame corporate America for our there is a tipping point with these mat- simply pass it through to the con- own fault. Now our consumers are ters. We have to be concerned about sumer. angry. And listen to the speeches given

VerDate Aug 31 2005 02:00 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G29AP6.042 S29APPT1 CCOLEMAN on PRODPC75 with SENATE S3478 CONGRESSIONAL RECORD — SENATE April 29, 2008 on the floor of this body accusing or control it? No, they do not. Foreign na- higher in 2005 than it was in 2006, and blaming someone else for the problem tions control it and they are getting it was higher in 2006 than it was in 2007. we, in large part, created. wealthy off of American’s great ability I will be coming to the floor, either What are we experiencing today? I to create wealth. If we do not get this later today or, more likely, tomorrow, believe we are experiencing something under control as quickly as possible, to talk about that. that is simply called petronationalism. we will simply spend ourselves broke The Saudis are, No. 1, the short-term The Saudis have it figured out. They and the rest of the world will have all answer. We can talk about increasing got the oil, we got the bucks; they sell of our money and then—guess what. production here, whether it is alter- us their oil, they get our bucks. That is They are now coming to the great native energy or fossil fuels. We can pretty simple, isn’t it? Sixty-four per- banks of our country and saying: We talk about increasing conservation. cent of the energy consumed out of the see you have a financial problem. We They are vital, necessary, and cannot pump at the local gas stations on the would like to buy an interest in your be avoided. They are long-term an- corners of America today comes from bank and give you a big chunk of cash swers. But the quickest short-term an- somewhere else in the world, not the that we got by selling you oil. swer to the problem would be for the United States. We are spending over $1 They no longer own their oil because Saudis to increase production. billion a day somewhere else in the they sold it to us and we burned it. But They have cut back. They talk a world to buy their oil. And if Ameri- they have our money and they are now good game. We see pictures of Presi- cans want to be mad, they ought to be coming back and buying our financial dent Bush arm in arm with the Saudi mad at their politician or politicians institutions. Isn’t that an interesting leader, the Saudi King, yet we get who, for the last 20 years, have denied cycle? The wealth we once sent over- nothing in return. Yet we are consid- the reality of the marketplace, all in seas to Saudi Aramco and to all of ering selling them some of the most ad- the name of being supergreen or all in these other national companies is now vanced weapons we have. So stay tuned the name of just not liking big corpora- coming back to the United States in tomorrow, where some of us are going tions, and so we couldn’t let the the form of them owning our financial to be talking about that and aug- Exxons, the Chevrons, or the Mara- institutions. Does that make good menting in a certain way what the thons do something about it. sense? Senator from Idaho was talking about. Several years ago, I met with the Right now we are going to look for MORATORIUM ON MEDICAID REGULATIONS president of American Oil before it any amount of cash we can get to bol- Mr. President, today I rise to speak merged. He was opining that they were ster our financial institutions that are about the moratorium on Medicaid reg- never going to develop in the United in trouble—possibly because of the ulations. Last week the House passed a States anymore because they could not housing industry or some other kind of bipartisan bill with overwhelming sup- afford to because of the regulations and large investment. So you might say port to block the ill-advised Medicaid the cost to produce a barrel of oil in that is a pretty good deal. I suggest the cuts the Bush administration has pro- the United States when they could go bad deal started 20 years ago when we posed. The House bill introduced by to the Caspian area of Central Europe began to progressively deny our coun- Chairman JOHN DINGELL passed by a or when they could go to Saudi Arabia try and its companies the right to vote of 349 to 62. By definition, that or anywhere else in the Middle East. So produce and supply the marketplace. had to have a majority of both par- today we suffer the reality of our own That is what we have done. Today we ties—128 Republicans and every Demo- politics, and we ought to be able to do are paying the price. crat voted for this bill. It was an in- something about it. I am going to be spending a good deal credible victory—at least a first step Some of you who might have been of time over the next several months toward a victory for American patients listening a few moments ago heard the talking about every segment of the en- who are served by hospitals, for hard- Senator from Wyoming making good ergy portfolio of our country, not only working physicians and other health common sense that we ought to quit gas and oil but electricity in all other providers as well as case managers and buying oil out of this current market forms and conservations and social workers who do so much to help and putting it in our Strategic Petro- photovoltaics, wind, and cellulosic. All those in need. It would extend all the leum Reserve. We have enough there of that is going to be terribly impor- way to those who work in hospitals at for the time being in case something tant for the American consumer in the 2 a.m., sweeping the floors, mopping, to happened in the Middle East that cre- years ahead. make sure the hospital is spick and ated a crisis. It would not last very The bad news is what we have to say span for the next morning. long because we would suck it out of to the American consumer today is Later today Majority Leader HARRY the ground and put it in our pumps to none of it is going to be ready for 4 or REID will ask for unanimous consent avoid an oil shock. But the reality is 5 or 6 or 8 or 10 years. In the meantime, that H.R. 5613, protecting the Medicaid quite simple. When you have a world your energy bill is going to become an Safety Net Act—the same bill as passed with a growing demand for the con- ever larger part of your overall cost of the House—be approved. I hope my col- sumption of oil and its products and living and your family budget. There is leagues on the other side of the aisle you are not producing more, the price not much a politician can do about it will go along with this vitally needed is going to go up. because they have already damaged the piece of legislation. The bill is now on Ten years ago the Chinese were not marketplace in which you have to live. the Senate calendar, thanks to the ma- in the market. Ten years ago the Indi- I yield the floor. jority leader and Chairman BAUCUS. ans were not in the market. They are The PRESIDING OFFICER. By unan- Many of us on this side and I believe in the market today and they are in- imous consent, the Senator from New many on the other side hope we will creasing their demand out of the York is recognized. have a chance to take it up this after- world’s supply at a rate of 8 or 9 per- Mr. SCHUMER. Before I get into the noon. These proposed Medicaid rules cent per year. substance of my remarks on Medicaid the administration proposed could not Is the world’s supply increasing? No, regulation, I compliment my colleague come at a worse time. State budgets it is not. Is the world’s refining capac- on his speech. I do not agree with all of are already worsening due to the weak- ity increasing? Very little. So Ameri- it; I agree with some. I note one of the ening of the economy, and few States cans are competing against the Chinese reasons he pointed out on his chart is can absorb these massive and unvetted and the Indians and everybody else for it was foreign countries that owned cuts. The administration did not look their gallon of gas. That is the reality most of our oil supply. That is true. I here or look there at specific places of the market today. would note and commend to him to where they might save. Oh, no, it was Oil is not a national commodity. It is look at the Saudis, who have the larg- a meat-ax, an almost across-the-board a world commodity. As the dependency est number of oil fields and are the cut at a time when our hospitals, our went up 60 percent over the last three largest producer. Actually at a time of economy, and most of all our people decades, the overall consumer demand increasing demand, as my colleague who are sick cannot take it. went up. Do ExxonMobil and Chevron from Idaho well knows, Saudi Arabia If the Congress does not act, the and every other American company has cut back on production. It was States will face terrible choices—to cut

VerDate Aug 31 2005 02:00 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G29AP6.044 S29APPT1 CCOLEMAN on PRODPC75 with SENATE April 29, 2008 CONGRESSIONAL RECORD — SENATE S3479 their Medicaid Programs or cut other For example, a community in New I urge my colleague, the minority programs to free up more funds for York State’s southern tier, the area leader, to let this bill move forward. I Medicaid. In a sense it will undo much that borders Pennsylvania, experienced urge all of my colleagues to do what of the stimulus package, putting a 20-percent decline in general surgeons the House did, a broad, bipartisan vote money in the hands of people so they from 2002 to 2006. In 6 rural counties in in favor. can spend it and then requiring the the Mohawk Valley, there was a 33-per- We need to take this important step States to cut back. cent loss in general surgeons over that for health care. The list of supporters We need a moratorium so the next same time period. of the bill H.R. 5613 is a virtual who’s administration can make things right. The impact of the GME proposal is who of health care: the American Med- We need a moratorium so this adminis- estimated to be a $3 billion loss over 5 ical Association, the American Hos- tration will not be able to succeed in years to New York State teaching hos- pital Association, the National Gov- its meat-ax approach to health care pitals alone. The public hospitals in ernors Association, the National Asso- and to Medicaid in particular. New York State have told me how dev- ciation of Mental Illness, the American Let me tell you a little more about astating the cuts would be if these Federation of Teachers, the National the eight Medicaid regulations this ad- rules are implemented. PTA, and the list goes on and on. More ministration has proposed. I am sure For instance, Coney Island Hospital, than 2,000 national and local groups many of my colleagues on both sides of a hospital that tends to the poor, tells have called for passage. the aisle have heard from their hos- me they would no longer be able to I urge all Members of the Senate to pitals, their Governors, and constitu- offer smoking cessation programs for join the list of supporters when Sen- ents, that these rules are a disaster for pregnant mothers. What a terrible ator REID asks for unanimous consent our health care system. shame. What a wrongheaded approach. later this afternoon to allow us to The expiration of moratoria on two These hospitals are using these funds move to H.R. 5613. I hope that will be regulations, GME—that stands for in a cost-effective way that will im- met by unanimous accord on the other graduate medical education—and the prove health, but this administration side. Our health care system demands IGT, intergovernmental transfers, is is saying no to them and no to pa- no less. fast approaching. It reaches us on May tients. I yield the floor and suggest the ab- 25, 2008. That is a little less than a We talked about the sacredness of sence of a quorum. month away. life, and we know a baby in vitro The PRESIDING OFFICER. The We have two additional moratoria should be given, if not a head start, at clerk will call the roll. that are expiring on June 30: the ‘‘reha- least an equal chance. But if that The bill clerk proceeded to call the bilitation’’ and ‘‘school-based health’’ baby’s mother is smoking, the health roll. rules. Then, if that is not enough, there of that child is impaired. Mr. CARPER. Mr. President, I ask are at least four other rules that have ‘‘Smoking cessation programs work. unanimous consent that the order for no moratoria, and they go into effect Let’s cut them out.’’ the quorum call be rescinded. shortly, piling on the people and an in- No rationale, no discussion saying The PRESIDING OFFICER (Mr. dustry that at this point is in bad they do not work, just cut them. That SANDERS). Without objection, it is so enough shape. is wrong. Prevention is important. Yet ordered. What would happen if we didn’t pass these rules make prevention efforts, ENERGY INCENTIVES H.R. 5613 is that our States, our hos- such as smoking cessation programs, Mr. CARPER. Mr. President, there pitals, our public providers who do so impossible. has been a fair amount of discussion much important work for American pa- They also hurt medical and dental here on the floor today about what to tients would be devastated. Right now residents. I recently heard from a den- do with respect to rising costs of gaso- they are in a terrible state of panic— tist trainee, a dentist who was training line and a discussion about what we and that is not an exaggeration—over in a New York public hospital, who should do in response to this runup of these proposed changes that will cost said the wait for an appointment is al- prices. I heard the Presiding Officer billions more dollars. ready way too long. With these unwise speak earlier today—I thought with Like so many of my colleagues, I be- regulations, that wait increases ten- passion and with wisdom—on an appro- lieve the integrity of the Medicaid Pro- fold, and what was originally a minor priate course of action. I wish to men- gram is extremely important, but I dental treatment could end up a huge tion a few things that I think we ought think a large majority of the Senate problem and end up costing the Federal to do. agrees these rules go way too far and Government and the State government No. 1, we should be investing tax dol- will end up hurting patients and the more. lars in basic research and development very system that serves them. With This dental trainee said these rules to make a reality the lithium ion bat- close to 50 million Americans unin- will increase emergency visits for situ- tery that is going to provide power for sured in my own State of New York, ations that could have been prevented. a flex-fuel plug-in hybrid vehicle called the estimate is there are over 2 million It will increase unnecessary antibiotic the Chevrolet Volt over the next 24 adults and kids who do not have health prescriptions and reduce our ability to months or so, a vehicle that will run insurance. We are penny wise and reach out and educate the community for 40 miles on a charge of its battery pound foolish to allow reductions in about dental care. and use auxiliary power on board the the critical safety net funding that One of the hallmarks, and why the vehicle to raise fuel efficiency well be- currently exists. European systems are more cost effi- yond that, maybe as high as 70, 80 The Medicaid GME, or graduate med- cient, is they focus more on education miles per gallon. That is what we ical education rule, is one I am par- and prevention. We are cutting it out ought to be doing, and we are. ticularly worried about. This proposal here. Instead of moving it forward and Another thing we ought to be doing represents a major shift in administra- becoming more cost efficient by focus- is using the Government’s purchasing tion policy. By proposing not just to ing on prevention, we are saying, Pre- power to help commercialize the new cut but to eliminate Medicaid GME, vent it? Why would we want to do that? technologies. Whether it is flex-fuel the Government is essentially forcing We should be expanding prevention plug-in hybrids, whether it is very low the Medicaid Program to shirk its re- and expanding dental care in the early emission diesels, whether it is fuel cell- sponsibility to cover its share of train- phase, not rolling it back. powered vehicles, we should be using ing physicians. The GME regulation With health care costs rising and the Government’s purchasing power to would pull the Federal rug out from health care reform the No. 1 issue on bring them to the marketplace. And we underneath the Medicaid support for our constituents’ minds, how can we are doing that too. This year, there is training physicians at a time when allow these rules to go forward and a requirement that 70 percent of the across the country, in rural and urban make things so much worse? We need cars, trucks, and vans the Federal Gov- areas alike, we are experiencing a to vote on this legislation. We need to ernment purchases, both on the civil- shortage of physicians in every spe- take this important step for health ian side and on the military side, have cialty and in primary care. care. to be advanced-technology vehicles.

VerDate Aug 31 2005 02:00 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G29AP6.046 S29APPT1 CCOLEMAN on PRODPC75 with SENATE S3480 CONGRESSIONAL RECORD — SENATE April 29, 2008 That includes vehicles purchased by able to try to improve our transpor- of the fare box to pay for the system the Postal Service. tation system suggests to me that we and the expansion of the system. Well, We also ought to be providing tax are focused more maybe on the elec- the first quarter of this fiscal year, rid- credits to encourage consumers to buy tion than we are on the needs of our ership at Amtrak is up 15 percent. Rev- highly energy efficient hybrid vehicles, country. enues are up by 15 percent. People are highly efficient, low-emission, diesel- A friend of mine used to say: Leader- starting to realize that maybe it makes powered vehicles when those are pro- ship is staying out of step when every- sense to get out of our cars, trucks, and duced and when they come to the mar- body else is marching to the wrong vans and take the train or take transit. ketplace. And we are doing that. That tune. Leadership is staying out of step Transit ridership is up again this fiscal is part of our law. We provide a tax when everyone else is marching to the year more dramatically than it has credit for folks who buy highly energy wrong tune. been in some time. efficient hybrids and very low emission I used to say, when I was Governor of Americans are beginning to literally diesels, a tax credit that is worth up to Delaware: Things worth having, wheth- buy homes in places that are closer to close to $3,500 per vehicle. When the er it is health care, whether it is edu- opportunities for transit—for rail, for Chevrolet Volt or other flex-fuel vehi- cation, whether it is transportation— bus, for subways, for the metro sys- cles, plug-in hybrids come on the mar- roads, highways, bridges—if they are tems. As we have seen the drop in ketplace in the next couple of years, we worth having, we ought to pay for home prices across the country—in should provide an even greater tax them. If we are not willing to pay for some cases, very dramatic—among the credit to encourage American con- them, we should not have as many of surprises, at least for me, is to see sumers to purchase those. them. housing prices stable and in some cases Several years ago, we voted here in I mentioned a few minutes ago how actually going up in places where peo- this Chamber to create a commission. we are providing tax credits to encour- ple can buy a home and live and get to We create a lot of commissions around age consumers in this country to buy work or wherever they need to go to here. But this was an infrastructure more energy-efficient vehicles. Wonder shop without driving to get there. commission, a transportation infra- of wonders, the big three are beginning I don’t know how gullible we think structure commission. It was part of to produce them. After years of build- the American voters are to suggest to our major 5-year, 6-year bill that we ing these behemoths and the gas guz- them that we are going to have this pass every so often on transportation zlers, Ford and Chrysler are actually holiday on gas taxes, Federal gas taxes, projects, a lot of it roads, highways, displaying and engineering and selling for 3 months or for 6 months, maybe to and so forth, but transit is included in vehicles that Americans ought to be get us through the next election, and there too. buying. The quality is vastly improved then when the elections are over we When we passed the last bill, several over what it was 10 or 20 years ago. I will go ahead and reinstate the gaso- years ago we said we want to create will mention a couple of them. line tax to what it has been even this commission, and we want the com- GM sells hybrid vehicles, not just the though in doing that we might be de- mission to go out and look at our infra- big SUVs like the Tahoe and the pleting further the money available for structure needs, transportation infra- Yukon but also midsized sedans like transportation improvements. I don’t structure needs across the country, the Saturn Aura and the Chevrolet know how foolish we think the Amer- quantify those for us and tell us what Malibu, both of which were actually ican voters are. They are a lot smarter you think it is going to cost to bring ‘‘Cars of the Year’’ this year and last than that. They are a lot smarter, our roads, highways, bridges, and tran- year. Ford has a number of hybrid maybe, than we give them credit for sit systems to a state of good repair, products on the road as well, not just being. and tell us how you think we ought to the Escape but another as well. Chrys- I think in this country people are pay for those improvements. That com- ler joins the parade this summer by crying out for leadership. They are mission was formed, worked hard for a launching the hybrid Dodge Durango calling out for Presidential leadership, year or so, and then came back to re- and the hybrid Chrysler Aspen. I under- whether it is from our side of the aisle port back to us earlier this year as to stand from a friend of mine who is driv- or the Republican side. People want how bad the situation is and what it is ing the Chrysler Aspen that in the city leaders who are willing to stay out of going to cost to fix it. They came back it is getting about 22 miles a gallon and step when everybody else is marching and said: We need to spend, to bring us on the highway it is expected to get to the wrong tune, and I would suggest out of the 20th century and into the close to 30 miles a gallon. Is that where that the wrong tune is to suspend the 21st century, something like $225 bil- we want to be and need to be? No, but Federal gasoline tax and at the same lion a year—$225 billion a year; I think that is a huge difference over the vehi- time not replace the dollars that would that is what they suggested—over 50 cles it replaces. Chrysler is launching, otherwise go into the transportation years, over the next 50 years. They this fall, in the 2009 model year, very trust fund to fix our dilapidated, our called for actually increasing the gaso- low emission, highly energy efficient decaying transportation system. Vot- line tax by I think a nickel a year for diesel-powered vehicles. ers in this country deserve better lead- 5 years, 6 years, something like that. We are, through our Tax Code, en- ership from us. I am determined, I am We have seen suggested to us a num- couraging Americans not just to buy committed to making sure we provide ber of ideas for providing for a holiday Toyota Priuses and Hondas but to buy and pay for that. for the gasoline tax, to suspend col- hybrids, low-emission diesels that are Before I close, there are a lot of good lecting the gasoline tax in this coun- manufactured by Ford, Chrysler, and ideas for things we ought to do. I men- try, maybe for the summer. Now we are GM. They are making them and we tioned, tongue in cheek, that we ought hearing from people: Let’s extend it ought to buy them, and in doing that to provide more R&D investment for a not for 3 months over the summer but we begin to reduce the demand for oil new generation of lithium batteries for for 3 months beyond that—which, iron- that threatens to engulf us. plug-in hybrid vehicles. I say, tongue ically, would take us through the elec- I ride the train back and forth most in cheek, we ought to use the Govern- tion, just past the election. days. I live in Delaware, and I go back ment purchasing power to commer- Let’s think about that. In a day and and forth. As my colleague, the Pre- cialize advanced technology vehicles. age when we know our roads, highways, siding Officer, knows, I go back and We are doing that. I said with tongue bridges, and our transit systems are forth almost every night to Delaware. in cheek we ought to provide tax cred- falling further and further out of a A strange thing is going on with re- its to encourage people to buy highly state of good repair, making our trans- spect to passenger rail ridership in this efficient hybrid vehicles and very low portation system and our economy country. diesel-powered vehicles that are effi- even less efficient, we know we are not I used to serve on the Amtrak board cient. We are doing that. raising enough money to begin to catch when I was Governor of Delaware, and There other things we need to do too. up with the backlog, much less to ad- every year we would see ridership go up We need to invest in rail service. We dress the new needs. The notion of di- by a couple of percentage points. We can send from Washington, DC, to Bos- minishing the revenues that are avail- would struggle, try to raise money out ton, MA, a ton of freight by rail on 1

VerDate Aug 31 2005 02:00 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G29AP6.047 S29APPT1 CCOLEMAN on PRODPC75 with SENATE April 29, 2008 CONGRESSIONAL RECORD — SENATE S3481 gallon of diesel fuel. I will say that revenue to the Treasury and makes the There is no question that one of the again. We could send from Washington, deficit bigger. We need to pay for it. I debates that delayed this legislation DC, to Boston, MA, a ton of freight by would suggest, if we look carefully at was over how to fund the infrastruc- rail on 1 gallon of diesel fuel. But we as some of the tax credits enjoyed by the ture improvements that are in the bill, a government choose not to invest in oil and gas industry, we could probably not whether to fund, and I suppose that freight rail and, frankly, to invest very find something there that is not fair or is good news. There was general con- modestly in passenger rail. It is a high- reasonable or productive. I suggest we sensus that there needed to be a strong ly energy-efficient way to move people use those revenues, not to offset the and clear funding commitment, but and goods. revenues that would be lost from sus- there was some debate over the exact One of my colleagues spoke a little pending the Federal gasoline tax until mechanism. bit ago and talked about why, as has after the election but to use those reve- I certainly want to give credit to Senator DORGAN, at a time when gaso- nues to make sure we extend tax cred- Chairman BAUCUS and Chairman line prices and fuel prices are so high, its for renewable energy, wind, solar, INOUYE of the Finance and Commerce when the cost of a barrel of oil is 120 geothermal, and so forth. Committees; the Ranking Member bucks a barrel, we are buying oil and I will have a chance to come back GRASSLEY and Vice Chairman STEVENS; putting it in the Strategic Petroleum later in the week and talk about this and, of course, Senator HUTCHISON and Reserve when we are almost up to 100 some more. Sometimes we underesti- Senator ROCKEFELLER for the work percent capacity. That is a good ques- mate the wisdom of the voters. I think they did on the Aviation Sub- tion. It is foolish for us to continue to it was Thomas Jefferson who said: If committee. buy as much oil as we are right now to you tell the American people the truth, There was a lot of disagreement as to further drive up prices. We should stop they won’t make a mistake. I will do whether we should create a new fee filling the Strategic Petroleum Re- my dead level best to make sure, dur- system, whether we should create a serve as long as prices are at this level. ing the course of the debate on this no- new bureaucracy for assessing fees on One of my colleagues raised the ques- tion of waiving the gasoline tax or hav- general aviation. I am pleased to see tion of speculators. If you go back a ing a holiday on the gasoline tax until that we did not go that route. We have year ago, almost a year ago from after the election, I am going to make a system for collecting aviation taxes today, the cost of a barrel of oil was sure, I hope with a number of my col- in place, taxes on aviation fuel and jet something akin to $60, $63 a barrel. The leagues, the American people under- fuel. There was a recognition on all price today is about $53 more than stand the truth and the full picture and sides that that tax burden needed to be that. We have seen an increase of prob- that they will make the right decision. increased to keep pace with the needs ably 75 percent in the price of a barrel Hopefully, we will too. of the aviation system. It is an effi- of oil from last year to this. As some- I yield the floor. cient system. It is one that works. It is body who studied some economics Mrs. HUTCHISON. I suggest the ab- one that is well understood. I think it when I was in school, I believe in the sence of a quorum. would have been a mistake to try to law of supply and demand. But the law The PRESIDING OFFICER. The create a new bureaucracy when we of supply and demand is not driving up clerk will call the roll. have such a system in place. the price of a barrel of oil from roughly The legislative clerk proceeded to So this legislation will increase the $65 a barrel a year ago to almost twice call the roll. taxes on general aviation jet fuel pret- that today. Speculation is going on Mr. SUNUNU. Madam President, I ty significantly from about 22 cents a that I don’t fully understand. Maybe ask unanimous consent that the order gallon to 36 cents a gallon, but there is others do, but I don’t. But I know for the quorum call be rescinded. a recognition that so long as that something beyond the law of supply The PRESIDING OFFICER (Mrs. money stays in the aviation trust fund, and demand is driving these prices of MCCASKILL). Without objection, it is so so long as it is used to upgrade the oil through the roof. ordered. aviation system, it will be well spent. The investigative committees in this Mr. SUNUNU. Madam President, I This tax increase on general aviation Congress, along with the Government rise this afternoon to speak for a few jet fuel will provide nearly $290 million Accountability Office and the adminis- minutes on the bill before the Senate, annually in additional funding for the tration, need to be all over that. Find the FAA modernization bill. It is an ex- NextGen air traffic system, and that is out what is causing it and how we can tremely important reauthorization. At something to be commended. It ad- stop it. It is difficult for the Congress. the end of the day, as we pass this leg- dresses the impact of air traffic growth We write a lot of laws. I don’t know islation, it will be the kind of bill that because it increases the system’s ca- how we can repeal the law of supply we look back on and wonder why we pacity and, at the same time, improves and demand, but more than the law of were not able to work out the dif- the efficiency and, of course, our focus supply and demand is in effect in driv- ferences a little bit faster, and get it at all times has to be safety. ing up oil prices. signed into law a little bit more quick- One of the points that is most im- Some have said: Why don’t we have a ly because this is a bill that is of great pressive about our aviation system, holiday for the gas tax for this summer importance to our transportation in- both on the commercial aviation and or for 3 months or 6 months and re- frastructure, to those who rely on the general aviation side, over the last cou- place that with some kind of windfall aviation system every day for business ple of decades is the improvement in profit tax on the oil and gas industry. travel, for family travel, and for their safety. The improvement in perform- I would suggest, if we are going to take jobs, their livelihood. ance and safety per thousand miles away some tax advantages enjoyed by This is an important piece of legisla- flown or 100,000 miles flown has been the oil and gas industry, the smarter tion because it lays the foundation for significant, and everyone benefits from thing is for us to use the revenues that modernization of our aviation infra- that improvement. Consumers benefit would be generated in that way to ex- structure and the technology, the air from a safer system and, of course, a tend the soon-to-be-expiring tax credits traffic control systems that we depend safer system, a safer workplace, a safer for the production of electricity from on every day to keep our skies safe. environment is less costly and less ex- wind, solar, geothermal. Those tax Technology continues to evolve, that is pensive. credits expire at the end of the year. a good thing. It improves efficiency, This legislation also provides in- Businesses, individuals who are think- improves safety, and can really have a creases to the Aviation Improvement ing of putting in place systems, small positive impact in the skies. But at the Program, AIP. That is a program that and large, to provide for alternative en- same time, we all understand that is important to airports, large and ergy need some certainty. They need to technology costs money. To purchase small, across the country. In New know what the Tax Code is going to be. new systems, to install them, to train Hampshire, the Manchester Airport has The sooner the better. To be fiscally our traffic controllers to make sure undergone tremendous levels of growth responsible, we can’t extend the tax they are in the strongest possible posi- during the past decade, and much of credits without paying for them. The tion to use that equipment costs that improvement, infrastructure, and extension of the tax credits reduces money. investment at Manchester has been

VerDate Aug 31 2005 03:01 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G29AP6.049 S29APPT1 CCOLEMAN on PRODPC75 with SENATE S3482 CONGRESSIONAL RECORD — SENATE April 29, 2008 funded through the AIP, including the nothing to do with aviation so that we priate proposal. This is a situation airport’s noise reduction enhance- can pass a good, solid bill that address- where folks from New York, who are ments. es aviation safety, which every con- good and decent people, have decided Today in New Hampshire, everyone sumer is interested in doing, that ad- to raid the Federal Treasury to get benefits from the improvement in that dresses the need for better service to some money to pay for something—in a infrastructure, the expansion at Man- our smaller communities, that in- very questionable way, by the way; by chester. The improvement in effi- creases the modernization of our air basically waiving FICA taxes, which ciency, not just in New Hampshire but traffic control system, and that assures they are not paying to begin with, for across northern New England, creates a that passengers are taken care of when town employees—State employees. different choice for consumers, for there are inordinate delays, and espe- They have decided to raid the Federal businesses, and for tourism as well. cially when they are on an airplane, Treasury for the purposes of building That makes a difference, a real dif- maybe sitting on a runway for several this train to nowhere. ference, in our northern New England hours at a time, and there are some We have seen this before, these spe- economy. very important parts of the bill that cific projects, which benefit a specific This bill is not perfect. Rarely does address the rights of passengers and place, which are not defensible. This anyone stand on the floor of the Senate the needs of passengers. certainly falls into that category. But and announce that a piece of legisla- I hope we can get an aviation bill in the broader context it becomes even tion is perfect, but it is a good bipar- passed. I hope we can move out the ex- less defensible because we are facing tisan effort. We will have opportunities traneous provisions out and let the Fi- such a large deficit. We are not only to improve it, perhaps on the Senate nance Committee do those separately, facing this very significant deficit of floor during this debate, perhaps in which they certainly have the capa- almost $400 billion, we are constantly conference, but it is important that we bility to do. But I do not want to hold adding to that deficit. There are now, not bog down this legislation with up this good consumer bill. amendments that will derail the bill, I look forward to working with my within the framework of the walls of this Capitol building—there are not that will kill the bill, that will create colleagues, Senator ROCKEFELLER, Sen- four walls, there are lots of different a controversy that will make it dif- ator INOUYE, and Senator STEVENS on walls in this Capitol building, but with- ficult, if not impossible, to complete the committee, and Senator SUNUNU work on it in the coming weeks. It is a who just spoke, to get a good bill on in this Capitol there is a series of ideas bill that needs to get done. It is a bill which we can then go to conference which is being promoted, which is also that needs to be sent to the President, with the House. on a fast track, regrettably, a fast not least of all so that the funding I suggest the absence of a quorum. track of spending, which is also going commitment for new technology can be The PRESIDING OFFICER. The to end up ballooning that deficit fur- implemented as quickly as possible. clerk will call the roll. ther than $400 billion. Madam President, I again commend The legislative clerk proceeded to There is, for example, a proposal the work of the Senator from Texas as call the roll. being floated which has merit in con- the ranking member of the Sub- Mr. GREGG. Madam President, I ask cept but, when it comes to paying for committee on Aviation. I serve with unanimous consent the order for the it, nobody is willing do that, which will her on the Commerce Committee, and I quorum call be rescinded. cost close to $60 billion. That is a pro- have really enjoyed working on this The PRESIDING OFFICER. Without posal to dramatically expand the GI legislation. We had an exciting mark- objection, it is so ordered. bill, as it is known. There is a proposal up, to say the least, several months FEDERAL DEFICIT to expand unemployment insurance, ago, but I am pleased to see we have Mr. GREGG. Madam President, I rise even in States where unemployment been able to work through those dif- to speak briefly about where we are has not hit numbers where it rep- ferences and bring a very strong prod- headed as a government and specifi- resents an immediate problem. Tradi- uct to the floor. cally what we are passing on to our tionally, unemployment under 6 per- Madam President, I yield the floor. children, which is regrettably a lot cent or 5.5 percent is deemed to be full The PRESIDING OFFICER. The Sen- more debt than they deserve. This year employment. In much of this country ator from Texas. the Federal deficit is projected to be today, many States have their unem- Mrs. HUTCHISON. Madam President, close to $400 billion. That is up from ployment rates under 5.5 percent. But I commend the Senator from New last year, where it was under $200 bil- there is a proposal to expand the num- Hampshire. He was, indeed, a very im- lion. That is not a good trend, to be ber of weeks a person can claim unem- portant part of the negotiations on this driving up the deficit. ployment, even in States where there bill. It is a complicated bill. He rep- It is also not a good trend to be put- is essentially a number that represents resents a State that has general avia- ting on the books program after pro- full employment and that is going to tion. It is very important to the service gram which will end up costing our cost $15 billion. in his State. He spoke up for that serv- children a lot of money, and which we There are proposals in the farm bill, ice. In fact, in the bill, there are some borrow from our children to pay for. which has all sorts of gimmicks and all very important components that are This bill, which is brought forward sorts of machinations to cover its costs strong for general aviation, and also today, has in it, unfortunately, a cou- and claim that it is paid for, which will cities that have lost service in the past ple of items—at least one specifically— cost billions and billions of dollars. after deregulation we want to try to actually a couple that are question- The farm bill itself is a $285 billion bill. help get back in service with some in- able, in which we are spending money Huge expenditures are coming down centives for service by smaller, maybe which could much better be used to re- the pike here, which are going to have startup airlines. duce the debt on our children. As I The Senator from New Hampshire, said, this year alone we are going to to be paid for by our children. Mr. SUNUNU, has been a very important add $400 billion of debt to our chil- There are proposals for further relief part of helping us negotiate this bill dren’s backs. Probably the most sig- for Katrina of $5 billion. There are food that we have brought to the floor. nificant in this account is something stamp proposals of billions of dollars. I know my chairman, Senator ROCKE- that has nothing to do with air trans- There are Byrne grants, competitive- FELLER, is going to be here soon. I hope portation. You can call it the train to ness grants, county payments, Bureau we will be able to come to closure on nowhere or the fast track to waste. It of Prisons—all of these ideas are float- the aviation part of this bill. I have is the train they are proposing to build ing around this Capitol as ideas on very strong concerns about some of the somewhere in New York to go some- which we should spend more money. provisions in the Finance Committee where in New York which is going to Most of them have good and reasonable part that is going to be put into this cost $1.7 billion. arguments behind them. But the prob- bill. I hope the Finance Committee will Clearly this is not the right bill for lem is they also, almost in every case, work with us to take away some of the that proposal. But even if it were the end up passing more debt on to our extraneous tax provisions that have right bill, this would be not an appro- children.

VerDate Aug 31 2005 03:01 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G29AP6.052 S29APPT1 CCOLEMAN on PRODPC75 with SENATE April 29, 2008 CONGRESSIONAL RECORD — SENATE S3483 In many instances, especially the are not going to put our fiscal house in lines that maintained their pension train to nowhere in New York, you can- order, that we are going to continue to plans weren’t given this benefit. As a not justify it. It is wasteful spending at run deficits that are excessive, and result, American, Continental, Hawai- the expense of our children and it is in- that is what we are doing as a Con- ian, Alaskan, and US Airways were appropriate because this debt is build- gress. placed at a significant competitive dis- ing up and up. As a result, paying off We have some responsibility here. advantage, only because they contin- this debt is going to mean the taxes on You can’t make great progress unless ued to offer their workers defined bene- our children are going to have to go up you begin somewhere. A good place to fits for retirement. Those are the ben- and up as they move into their earning begin might be to take this $1.7 billion efit plans, incidentally, that workers years. that is proposed in this bill to spend for like the most. They are the ones that The practical effect of that is that the train to nowhere, or the fast track guarantee what you will receive when the next generation, our kids and our to waste, and eliminate that program you retire, as opposed to a defined con- children’s children, are not going to be and take the revenues that are alleged tribution plan, for example, that says a able to afford as high quality a life- to be used to offset that program and certain amount of money will be set style as our generation has because use them to reduce the debt on our aside, and maybe it will earn a lot be- they will have to be paying so much to children’s heads. Reduce that debt by fore you retire, maybe it will not. The support the Federal Government and $1.7 billion. That is progress. Granted, defined benefit plans—which, inciden- the debts of the Federal Government. in the overall scheme of things it is not tally, Federal employees and Members They will not be able to afford to send a huge amount of money compared to of Congress have—are the best. These their kids to college, assuming college the total debt that is being incurred, airlines that had similar plans for their is even affordable at that time. They even this year, the $400 billion, but you employees and retirees and avoided will not be able to buy that first home. have to start somewhere. This would be bankruptcy were put at a disadvan- They will not be able to live the high a good place to start. tage. The airlines facing bankruptcy, quality of lifestyle that has become the Let’s stop the wasteful spending throwing away their pension plans, and nature and character of American life, which is adding to the Federal debt, changing them, were given a better because the cost of the government, which inevitably will undermine the break under the Tax Code than those which we have incurred today, will quality of life of this Nation and espe- that continued in business, avoiding have to be paid for by them tomorrow. cially pass on to our children obliga- bankruptcy and keeping their word to It is not fair. It is not right. It used tions which there is no reason we their employees and retirees. to be around here people talked about should ask them to bear. In 2007, I joined with Senator HARRY the deficit a lot. They used to point to I yield the floor and suggest the ab- REID, adding language to the Iraq sup- it as a failure of our Government and sence of a quorum. plemental that tried to address this un- there used to be genuine efforts to try The PRESIDING OFFICER. The fairness and inequity. Under the 2006 to reduce the deficit—on the spending clerk will call the roll. law, airlines that had prohibited new side of the ledger from our side of the The assistant legislative clerk pro- workers from participating in their de- aisle and on the other side of the aisle ceeded to call the roll. fined benefit plan were allowed to as- by raising taxes. But that discussion Mr. DURBIN. I ask unanimous con- sume a rate of return of 8.85 percent on has waned. There is no focus right now sent that the order for the quorum call their pension investments. The 2007 law on the deficit, I suspect in large part be rescinded. allowed the other airlines, those that because we now have a Democratic The PRESIDING OFFICER. Without had maintained the previous defined Congress and deficit spending is justifi- objection, it is so ordered. benefit commitment, to assume an 8.25- able if it meets an interest group’s Mr. DURBIN. Madam President, percent return. I know these numbers claims that they have a right to this when the Senate considers the Federal probably in the course of the speech money or they believe should have a Aviation Administration Authorization don’t impress you, but they should. It program, such as the train to nowhere Act, I will offer a bipartisan amend- makes a significant difference of how in New York, which is promoted by our ment to strike section 808 of the sub- much money an airline has to put in colleagues from the other side of the stitute to this bill. The section I wish the pension plan, and the Tax Code, the aisle who represent New York. to strike would impose a significant law of our land, requires it. Airlines In the end, if we do not return to the competitive disadvantage on airlines that had frozen their plans were al- basic concept that every family in that have done the most to protect lowed to amortize their plan shortfalls America has to confront, which is you their employees and provide for the se- over 17 years; in other words, those need to pay your bills as they come in cure retirement of those employees and that were facing bankruptcy and walk- and you cannot put too much money on current retirees. It would increase the ing away from many aspects of their the credit card because that means pension obligations of these airlines pension plans were able to take a down the road you are not going to be above what is required of the airlines longer period of time to pay out what able to pay that credit card and you they compete with. It is fundamentally was necessary to bring their plans up are going to have to suffer significant unfair. Such a move would undermine to solvency. The 2007 law gave airlines contraction as a family—if we do not the ability of these airlines to main- with defined benefit plans only 10 face up to that real fact of day-to-day tain their commitments to their work- years, not 17. Therefore, airlines that existence that most Americans must ers, particularly in today’s struggling are offering their workers defined bene- realize, as far as how their spending economy. fits retirement face a competitive dis- meets their income, or if we do not as In 2006, with several airlines facing advantage. a government face up to that, we are the prospect of bankruptcy, the Pen- The 2007 law I mentioned earlier par- going to fundamentally undermine our sion Protection Act adjusted how tially closed the gap. Section 808 of Nation. We are certainly going to do struggling airlines that had frozen this FAA reauthorization bill would significant damage to our children and their defined benefit pension plans tilt the playing field away from the their future. could calculate their pension obliga- airlines that already face this competi- We talk a lot now about the weak- tions. Those airlines were allowed to tive disadvantage because they offer ness of the dollar and how that has devote significantly less funding than the very best pension benefits to their caused the price of gasoline to jump their competitors toward payments to employees. dramatically, which it has. The weak their pension plans. Understand, air- What it comes down to is this: Air- dollar has caused energy costs and lines facing bankruptcy that were on lines are declaring bankruptcy in every costs of commodities which are not the cusp of losing defined benefit re- direction. Some are reporting record produced in the United States to be tirement plans were given better treat- losses. Last week, American Airlines driven up in large part because the dol- ment under the Tax Code than those reported a loss of $328 million in the lar has weakened so much. One of the that didn’t file bankruptcy and tried to first quarter, virtually all of it attrib- drivers of the weak dollar is a belief in keep their word to their employees utable to increases in jet fuel. A few the international community that we under their defined benefit plans. Air- days later, United Airlines, another

VerDate Aug 31 2005 02:59 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G29AP6.054 S29APPT1 CCOLEMAN on PRODPC75 with SENATE S3484 CONGRESSIONAL RECORD — SENATE April 29, 2008 major airline based in my home State I look forward to working with my sider supporting the Durbin-Hutchison of Illinois, announced first quarter colleague from West Virginia to make amendment when it is offered tomor- losses, if I am not mistaken, of nearly sure this very good bill goes forward row morning. It will be the first item $500 million and the need to lay off without the bad tax provisions and the of business. I hope we can entertain a some 1,000 employees. Now comes this pension provision that was added, not debate and move to its consideration at FAA reauthorization bill, and it in- by our committee, but by the Finance an early time. cludes a provision that will create an Committee. There is no reason to delay this. The economic burden and hardship on some I thank the Senator for yielding. I sooner we remove this cloud from these of these airlines that are struggling to look forward to working with the Sen- airlines that have worked so hard to survive. Could this Senate pick a worse ator to fix this pension issue. stay in business and avoid bankruptcy time to hammer away at these airlines, Thank you, Madam President. the better. when they are struggling to deal with The PRESIDING OFFICER. The Sen- I yield the floor. jet fuel costs that are going through ator from Illinois. The PRESIDING OFFICER. Under Mr. DURBIN. Madam President, I the roof and an uncertain economy fac- the previous order, all postcloture time thank the Senator from Texas for join- ing a recession? If there was ever a bad is yielded back. ing me in offering this amendment. idea, this is it. The motion to proceed is agreed to, This is a bipartisan amendment. We Mr. ROCKEFELLER. Will the Sen- and the motion to reconsider is laid on urge our colleagues: Take a close look ator yield for 15 seconds? the table. Mr. DURBIN. I am happy to yield. at this. At the end of the day, if we The Senator from West Virginia. Mr. ROCKEFELLER. I thank the pass this FAA modernization bill and Mr. ROCKEFELLER. Madam Presi- Senator. force more airlines into bankruptcy be- dent, I thank the Senator from Illinois Madam President, I ask unanimous cause of this provision, is that our for allowing himself to be interrupted consent that all postcloture time be goal? twice, and I wish him a good evening. We have lost so many airlines al- yielded back and that the motion to Madam President, I wish to talk, ready, and now a major airline, such as proceed be agreed to and the motion to with your permission, for about 25 to 30 American Airlines, which avoided reconsider laid upon the table; that minutes on what I consider to be the bankruptcy and managed to keep its once the bill is reported, the Senator core problem we face; and it is the real promise to its employees and retirees, who is now speaking be recognized to condition that people need to know and has provided significant funding offer a substitute amendment; that about the American aviation industry. for its pension, is going to be penalized upon reporting of that amendment, no f by this bill. further amendments be in order during Ask the people whose pensions are af- FAA REAUTHORIZATION ACT OF today’s session and that there be de- fected, those members of unions who 2007 bate only today. are supporting our efforts to stop this The PRESIDING OFFICER. The The PRESIDING OFFICER. Without change in the law. I cannot understand clerk will report the bill by title. objection, it is so ordered. the motivation behind this change. The bill clerk read as follows: Mrs. HUTCHISON. Madam President, When this was originally considered will the Senator from Illinois further A bill (H.R. 2881) to amend title 49, United a few years back, there was another States Code, to authorize appropriations for yield? group in charge in Congress and a the Federal Aviation Administration for fis- The PRESIDING OFFICER. The Sen- chairman of the House Ways and Means cal years 2008 through 2011, to improve avia- ator from Texas. Committee who singled out several air- tion safety and capacity, to provide stable Mrs. HUTCHISON. I want to say I am lines that were not facing bankruptcy funding for the national aviation system, in complete agreement with what the and created a disadvantage for them. and for other purposes. Senator from Illinois has said. I know We tried to remedy it last year, and we The PRESIDING OFFICER. The Sen- he is going to finish his statement, but got a temporary fix in there. And here ator from West Virginia. he is making exactly the point I think they come again: this group that wants AMENDMENT NO. 4585 needs to be made in this debate. to keep changing this law, penalizing (Purpose: In the nature of a substitute) We will have an amendment tomor- these airlines—at absolutely the worst Mr. ROCKEFELLER. Madam Presi- row. Senator DURBIN and I are going to possible moment. Wouldn’t it be ironic dent, I call up my amendment. cosponsor an amendment that would if this were passed and the airlines that The PRESIDING OFFICER. The fix the issue about which he is speak- worked the hardest to avoid bank- clerk will report the amendment. ing. The idea that we would pass an ruptcy, the airlines that worked the The bill clerk read as follows: FAA reauthorization that would mod- hardest to keep the defined benefit The Senator from West Virginia [Mr. ernize our facilities, that would put plans—absolutely the gold standard ROCKEFELLER], for himself, Mr. INOUYE, Mr. more safety precautions in place, that when it comes to retirement—wouldn’t BAUCUS, and Mr. GRASSLEY, proposes an would give passengers more rights and, it be ironic if the language of this bill amendment numbered 4585. oh, by the way, would also bankrupt ended up capsizing these airlines at (The amendment is printed in today’s some of our airlines in the meantime is this precarious moment in our eco- RECORD under ‘‘Text of Amendments.’’) ridiculous. nomic history. The PRESIDING OFFICER (Mr. The bill will be so good. Senator I am going to urge my colleagues: SALAZAR). The Senator from West Vir- ROCKEFELLER has done a great job. We Take a close look at this. Ask your- ginia. have compromised. We have worked on selves: If the beneficiaries of these re- Mr. ROCKEFELLER. Mr. President, a bipartisan basis. Then, all of a sud- tirement plans oppose this change, if as I was indicating, I do not think most den, we see this pension issue rise up the airlines oppose this change, if there of our colleagues—they pick on certain that would put one, maybe two airlines is no argument to be made as to why subjects within aviation that are of in- into bankruptcy, and then we have you would treat these airlines dif- terest that have hot buttons to them— taken away all the advantages of this ferently than those that have faced look at the general situation of where very good bill. massive changes in their pension plans, the U.S. commercial aviation industry I commend the Senator from Illinois. why in the world would we want to is, how bad its situation is, and I think I look forward to working with him to- pass this amendment? it is time to tell the truth about that morrow on an amendment—or when- At the end of the day, I want to make before we begin the debate on this bill. ever we are designated to put our sure we have FAA modernization. But I After posting nearly $35 billion in cu- amendment in place—and hope the bal- also want to make sure there are air- mulative net losses from 2001 through ance we had is restored in the pension lines still serving America in every 2005, over the past 2 years, American issues so that airlines that are offering corner of America so our people have a commercial air carriers were able to defined benefit plans—which are so chance to travel for business, for lei- recover financially for a brief period rare these days—will still be able to sure, whatever it might be. from the effects of September 11’s offer employees that, even at a greater I urge my colleagues: Please take a grounding and subsequent adjustments. cost. close look at this. I hope they will con- That is understandable.

VerDate Aug 31 2005 02:59 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G29AP6.055 S29APPT1 CCOLEMAN on PRODPC75 with SENATE April 29, 2008 CONGRESSIONAL RECORD — SENATE S3485 Domestic airlines earned an esti- for example, on April 18, 2008, when oil I have said before that while I am not mated net profit of roughly $3.8 billion was trading at nearly $116 a barrel, the unilaterally opposed to consolidation, I last year, more than twice the $1.7 bil- price of jet fuel per barrel was trading do believe every transaction has to be lion net profits they achieved in 2006. at nearly $144—$116 for a barrel of oil considered on its own merits. With re- That would appear to be going in the becomes $144 for airplanes. gard to Delta-Northwest as a merger, I right direction. This year, however, Such a dramatic increase in the in- believe it is critical that the Federal marks a turning point, which I fear dustry’s largest single cost clearly il- agencies examine the fine details of the will be a sustained downturn in the in- lustrates the extent of the problem it merger thoroughly before approving it. dustry’s long-term outlook. Within the must absorb. With oil prices alone hav- Now, this is of particular concern to past week alone, we saw the Nation’s ing risen 75 percent in the past year, it me because Delta and Northwest pro- third largest carrier—Delta—announce is somewhat unsurprising that the vide critical air services to my State of a first quarter loss of $6.4 billion. On move toward further consolidation is West Virginia that allow businesses in that same day, the Nation’s fifth larg- gaining in speed. our State to be connected with the rest est airline—Northwest Airlines—posted It seems increasingly inevitable that of the world. I have said in the past, a quarterly loss of $4.1 billion. the Delta-Northwest merger proposal and I reiterate here today, that air This month, we witnessed four of our will unleash a wave—a further wave— services to small communities in my airlines—Frontier Airlines, Aloha Air- of industry consolidation. I note that State and across the country depend on lines, ATA Airlines, and Skybus Air- various airlines have been considering network carriers that use hub-and- lines—forced to declare bankruptcy. a number of possible pairings for some spoke operations. There are no other Four airlines collapse in 1 month, and time now. sustainable options available to us. two airlines announce a combined loss In September 2005, US Airways and None. We have very few private air- of $10.5 billion in one single quarter. I America West Airlines merged. In 2007, craft, and obviously they are not avail- think this underscores the dangerous US Airways pursued an unsuccessful able for commercial use. Low-cost car- direction in which I believe our avia- bid for Delta, and Midwest Airlines was riers are not going to serve West Vir- tion industry is now truly heading. purchased jointly by Texas Pacific ginia’s communities because we do not It is clear that in 2008 this industry is Group and Northwest. have the volume of passengers to work moving through what could be one of Numerous reports also indicate that with their business models. the most tumultuous periods it has further consolidation between United My State needs healthy network car- ever experienced in our history. The re- Airlines and Continental Airlines is riers if we are to attract new air serv- cent window of profitability that com- likely—we will see—to happen as a con- ices. At present, low-cost carriers are mercial aviation experienced now sequence of the move by Delta and not going to fill the service void in our seems to have closed. A worrying ques- Northwest to consolidate—the domino markets. It disturbs me, then, that tion for all of us—and for the future of theory. since March 13 of this year alone, our economy—is whether these losses With the emphasis on pursuing mar- American air carriers have exited from will come to characterize its long-term ket share prior to 9/11, the big air car- 86 routes throughout the country, my financial outlook. I fear it will. riers are now focused on route and guess would be all of them rural. I fear The challenges confronting our Na- flight profitability and are less willing these airlines plan to exit many other tion’s aviation market have now sharp- to fly half-empty planes to keep their routes in the future. ly affected a variety of consumers and nationwide networks competitive. In It was to ensure West Virginians con- stakeholders. Airline companies have an effort to improve their financial tinued access to adequate air services been posting multibillion dollar losses standings and compete with smaller that I helped to create and expand the this quarter alone. Tired and frustrated carriers, many legacy airlines—com- Small Community Air Service Develop- passengers are being caught up in the mercial airlines—have aggressively ment Program and the Essential Air thousands of flights that have been sought to cut costs by reducing labor Service Program. Both of these ar- canceled or delayed due to a number of expenditures and by decreasing capac- rangements provide a Federal subsidy things, including safety issues. A quar- ity through cuts to flight frequency, for air carriers to operate out of very ter of the airline industry’s entire use of smaller aircraft, or the elimi- rural areas. From my perspective, an workforce have lost their jobs since the nation of service altogether to some adequate air service in West Virginia is year 2000. I will repeat that: One quar- communities. not just a convenience but it is a ter of the airline industry’s entire The major U.S. carriers have shown flatout economic necessity for our sur- workforce have lost their jobs since much more capacity discipline over the vival. 2000. The air traffic control system re- past few years and have retired, to The airline industry is not only mains outdated. As I indicated, we are their credit, many older, inefficient about the viability of the companies trying to catch up with Mongolia. And aircraft. Available seat miles—which is that it comprises. It is important that management problems continue to a term of art: a measure of capacity— we not forget the increasingly large beset the industry’s overseer, the Fed- increased only 0.3 percent in 2006, down number of American passengers who eral Aviation Administration. from a 3.3-percent increase in 2005, and underwrite the industry by consuming Compounding all of these difficulties an 8.7-percent increase in 2004. As a re- its services each year. Passenger traffic is the reality that the industry is oper- sult, load factors have increased by demand has now surpassed pre-9/11 lev- ating against a backdrop of a weaker more than 10 percent since 2000, bring- els, with total passenger enplanements American economy and general tur- ing in more revenue per operation. of 745 million in 2006, nearly 12 percent moil in global credit markets. Aside Profitability. Statistics from the Air higher than the 666 million passengers from all this, however, there remains Transport Association show that the who enplaned in 2000. The FAA’s most one factor that has done more to legacy carriers’ combined fleet was recent forecast estimates passenger change the face of the commercial 2,860 aircraft in 2006, an 18-percent re- enplanements will grow to 794 million aviation sector than any other; that is; duction from almost 3,500 planes at the in 2008. the escalating cost of its lifeblood. We end of 2000. So it has gone from 3,500 We are all aware and have probably call it the price of oil. planes in 2000 to 2,800 aircraft in 2006. often experienced ourselves the delays To illustrate this dramatic spike in That is clearly a trend. and the cancellations that seem to be a costs, it is worth recalling that back in In West Virginia, aviation represents growing feature of this industry. Air 2000 the price of oil stood at $30 a bar- about $3.4 billion of the State’s gross carriers and their passengers continue rel. Recently, oil prices have been ap- domestic product. To us, that is a rath- to be plagued by severe weather prob- proaching $120 a barrel. But this does er huge figure. It employs over 50,000 lems—which seem more than normal not necessarily reflect the true cost to people in our State. So the State has a each year—and an air traffic control the airlines, as there is a difference be- direct interest in the impact any con- system that lacks the necessary capac- tween the price of oil and the price of solidation within the industry may ity to handle demand effectively. That jet fuel, what the industry refers to as have on services. I know the Presiding is why, when we talk about building an the ‘‘crack spread.’’ This means that, Officer knows that feeling. air traffic control system, which is at

VerDate Aug 31 2005 02:59 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G29AP6.057 S29APPT1 CCOLEMAN on PRODPC75 with SENATE S3486 CONGRESSIONAL RECORD — SENATE April 29, 2008 least up to Mongolia—and as I said this the aviation sector’s future, in my the cost of crude oil and the cost of morning, that is a little bit of an exag- judgment. We must acknowledge that a fuel for the airlines, for the aviation geration because they had no air traf- greater degree of consolidation is be- industry, was then and where it is fic, and so they started with what we coming simply unavoidable due to today. Follow the red line, the way it want to move to. They started with pressing economic factors, and we have tracks up. That spikes up. That is al- what they should have started with, no excuse to not manage these changes most a straight vertical line. and that is digital GPS. responsibly. If we take another graph which shows These conditions produced near grid- I will always remain a fierce defender what the consumption of fuels is in the lock at several key gateway airports of West Virginia’s right to adequate airline industry, the green line—you throughout the country this past sum- and reliable air services. That is why I probably, Mr. President, cannot see mer which almost matched the record went there in the first place. That is this; it is too far away, but the green delays reached in the summer of 2000. why I am there. I fight for fairness, and line shows consumption has been fairly Congestion and delay problems cost the we don’t have it in aviation, and I fear static in terms of the amount of fuel airlines and passengers billions of dol- losing more of it. Even in these new that is used. But if we look at the ex- lars each year in lost productivity, challenging times for the sector, I will pense or the cost of the fuel, it has in- canceled flights, and, obviously, fuel continue to ensure that my State is creased at a sharp and dramatic rate. expenses. not adversely affected by this consoli- My point very simply is that we can- The severe congestion and delay dation or any consolidation. not affect, I do not think, in a very problems that continue to plague air Finally, I am concerned that even substantial way, what is plaguing and carriers and their passengers further when the aviation industry did return ailing the airline industry and a lot of exacerbate the high cost, therefore, of to profitability over the past 2 years, other industries in this country absent fuel. Inclement weather, an out-of-date services in my State did not dramati- addressing the fundamental cost issue air traffic control system, and manage- cally improve or expand. They weren’t of energy independence. ment problems keep planes in the sky investing. Now that the sector looks to If we look at where we are as a na- longer, which only increases fuel-burn. be heading toward a more decidedly tion today and where we were 30 years Due to these conditions, only 69 per- bleak future over a prolonged period, ago, not much has changed. I remem- cent of reported commercial airline op- our efforts need to be redoubled so as ber as someone growing up during the erations arrived at their destination on to ensure crucial air services to small oil embargoes and what we were experi- time during June and July of 2007. and rural communities everywhere are encing in the late 1970s and a real con- I am pleased we have been able to rightfully defended. cern at the time about our dependence, work with the FAA on several efforts Mr. President, I yield the floor and overdependence, dangerous dependence currently underway to address these note the absence of a quorum. on foreign sources of energy. At that problems, including a continuous focus The PRESIDING OFFICER. The time it was 55, 60 percent. Here we are on expanding infrastructure and adopt- clerk will call the roll. 30 years later and we are more than ing operational procedures, such as the The bill clerk proceeded to call the ever dependent on foreign sources of implementation of reduced separation roll. energy. Mr. President, 60 to 65 percent requirements and programs such as Mr. THUNE. Mr. President, I ask of our petroleum comes from outside this fascinating acronym, the Area unanimous consent that the order for the United States. We have very little Navigation and Required Navigation the quorum call be rescinded. control over the supply. The only way Performance program, that permit The PRESIDING OFFICER. Without we fix that, the only way we can im- more precise navigation of aircraft. objection, it is so ordered. pact energy costs in this country in a But, you see, that is very difficult to Mr. THUNE. Mr. President, today we meaningful way is to increase supply. do with x ray, with ground radio. That debate the FAA reauthorization, and it We can talk a lot about a lot of is why we need an air traffic control is a debate that probably should have issues with regard to this problem, this system which is modern, as every other been joined a long time ago. This is a challenge we face as a country. There modern country in the world has. Fur- piece of legislation that has been kick- are some things we can do to impact thermore, since many of these delays ing around here for a long time. I serve the demand side, too, and we did that originate in the New York City air- on the Senate Commerce Committee. I in the Energy bill last year. We in- space, the FAA has committed itself to know both the House and the Senate creased for the first time in a very long taking a number of specific steps to re- reported bills out many months ago. time fuel economy standards so now lieve congestion there—and I applaud We are finally now getting a bill on to automobiles are going to be built to them for that—including airspace rede- the floor for debate. It is important we standards that will require more miles sign and the opening of military air- do this. per gallon than they currently get. space to create additional capacity This is legislation that is critical to That will help control, to some degree, during particularly congested times. the infrastructure that supports our the demand side. Obviously, I think in- All of these efforts are a part of a aviation industry, which is a critical dividual consumers in this country, longer term endeavor to solve these industry to America’s competitiveness, drivers in this country, are going to problems by modernizing the entire air and if we look at what is happening in begin to take steps to reduce the transportation system through the im- the airlines these days, obviously, we amount of fuel they consume because plementation of the Next Generation need to do everything we can to make it is impacting so adversely their pock- Air Transportation System, the system sure we have a viable and effective etbooks on a daily basis. I have been talking about a good deal. aviation industry and commercial air- But there is not anything we can do I am confident we can continue to pur- lines are able to operate and provide totally on the demand side to get us sue a workable strategy to increase the the services to travelers who need to out of this mess we are in. We have to capacity of the National Airspace Sys- get, every single day, to places both do some things to impact supply. I tem to keep pace with projected here at home and around the world to can’t help but think that if we had growth and demand for air travel while conduct business and to recreate. taken some of these steps years ago, ensuring that we continue to operate In the course of this debate, I cannot back in 1995 or thereabouts when Presi- the world’s safest aviation system. But help but be struck by the fact that I do dent Clinton vetoed legislation that then again, you always have to look not see there is anything we can do in would have allowed oil exploration on underneath the figures. the FAA reauthorization that address- the North Slope of Alaska—at the time The pending Delta-Northwest merger es what fundamentally is probably it was argued, oh, it will take 5 to 10 could represent an absolute watershed plaguing the airline industry more years for us to develop this resource moment in aviation industry history than anything else, and that is the and when we do, it will not be that which would have a dramatic and wide- high cost of energy. much anyway. It is only 1 million or ranging impact on the industry, pas- I am looking at some information, 11⁄2 million barrels a day, and that is sengers, employees, and our national graphs, some data. We can look at this not that significant in the overall economy. This merger is emblematic of graph for January of 2004 and see where scheme of things. Here we are 10 years

VerDate Aug 31 2005 02:59 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G29AP6.058 S29APPT1 CCOLEMAN on PRODPC75 with SENATE April 29, 2008 CONGRESSIONAL RECORD — SENATE S3487 later. If we had done that then, this try, part of an area that has enormous that that is not that big of a dent. But would be fully developed, we would resources below the surface that could there was a study done by Merrill have the barrels of oil on a daily basis, be very meaningful in terms of address- Lynch, it was reported in the Wall the daily equivalent of what we get ing America’s energy needs. Street Journal a few weeks back, that from Saudi Arabia, available to meet When you visit that area, you cannot were it not for ethanol, the price per our demand in this country. help but be struck with, No. 1, how sup- barrel of oil and the price per gallon of It has probably been, since that time, portive the governmental leadership is gasoline would actually be 15 percent half a dozen times we voted on that. In in that area—the Governor, the State higher than it is today. So even though the House of Representatives, I don’t legislature, in many respects most of it is 7.5 billion gallons out of a 140-bil- know how many votes we had over the local citizens. There are always lion-gallon annual demand for gaso- there that would have allowed author- those who are opposed to this type of line, it is affecting the price because it ized exploration for oil on the North development. We heard from them as is impacting supply in a positive way. Slope of Alaska. We have had that vote well. But overwhelmingly, the major- In the same way, if we had opened in the Senate, since I have been here, ity of people in that area want to see the North Slope of Alaska when we had on at least one occasion, maybe two this development. an opportunity to do so, we would have times, where we were a couple votes Here we are again facing a crisis as that 11⁄2 million barrels a day coming short of reaching that magic 60-vote we head into the summer driving sea- into this country, which also would threshold that would allow us to move son, travel season, vacation season. significantly impact the supply in a forward and explore some of these op- Families are looking, making plans. In way that would begin to bring down portunities that we have to grow our my State of South Dakota, farmers are prices. The only way we are going to supply, our domestic supply of energy. getting into the field, and they are bring downward pressure on prices is to Because he had listened to this de- having to deal with the input costs as- increase supply. That is why I have bate for some time—I have been in the sociated with high fuel costs, diesel been such a big advocate for renewable Congress, now, for the better part of 10 costs. This is an economic issue that energy. We are at 7.5 billion gallons today. years and always was interested when affects literally every American but The Energy bill that passed last year the debate would come to the floor of particularly those middle-income calls for 36 billion gallons of renewable the House or the Senate and you would Americans and those who this summer fuel by the year 2022. I think we can hear both sides come to the floor and are looking at making plans to travel. reach that. We are not going to reach make their arguments—I actually went They are going to be facing $3.50 gaso- it with corn-based ethanol. We have to up to Alaska and visited the section line, perhaps higher than that. Who diversify the production of ethanol in 1002 area where it is proposed we de- knows how high that is going to go? this country with other forms of bio- velop this oil resource. We landed in My point very simply is we should mass, whether that is by woodchips out Barrow, AK, in February, a couple have been taking these steps many of our forests, whether it is by years ago. It was 38 below. We visited a years ago. We are now paying a price switchgrass, which we have an abun- couple of the existing sites at Prudhoe for inaction on the part of this Con- dance of on the prairies of South Da- Bay and then we went over to section gress when it comes to the things we kota—but there are a lot of opportuni- 1002, which is the vast area we are talk- can do to add to supply in this country, ties for what we call the next genera- ing about for development. What to make sure we are taking full advan- tion, for cellulosics, to meet the de- struck me is we are talking about a tage of the domestic resources we have mands for energy in this country. I 2,000-acre footprint that would be used right here at home so we do not have think we should be moving full steam to access the oil below the surface, and to continue to allow other countries ahead when it comes to support for re- with modern technology, you can actu- around the world to hold us over a bar- newables so we can lessen the demand ally get to those reserves below the rel when it comes to our energy needs. on foreign energy and we can become surface with horizontal or directional The other thing we ought to have more energy efficient here at home and drilling, with a minimal footprint on been doing—again this is something develop the supplies of fuel we have. the surface, and it would be done dur- that is long overdue—is developing That being said, even if we get to 36 ing certain parts of the year where it more refinery capacity. We are pretty billion gallons of renewable fuels, we wouldn’t impact wildlife or anything. much maxed out. We have not built a still will be way short of what we need. Incidentally, there were caribou ev- new refinery since 1976. They will tell We are going to need a mix of fuels. We erywhere. Anybody who is worried you they have added or expanded exist- are going to rely on some of those tra- about the caribou on the North Slope ing refineries, and all that is true, but ditional sources of fuel such as petro- of Alaska, they have nothing to worry at the end of the day we have not done leum. Coal-to-liquid holds great prom- about because, if anything, it has been very much in terms of addressing the ise in terms of being able to be used as increased since the activity that has refinery shortage we have in this coun- a fuel, and coal is something we have taken place up there. try either. So when it comes to raw re- in infinite amounts. We ought to be de- But this particular area is a very iso- sources such as the oil, petroleum re- veloping these types of resources. I lated, remote area on the North Slope sources below the surface on the North think we also ought to be allowing of Alaska. The estimates run from Slope of Alaska, when it comes to the States that want to, particularly some somewhere between 6 billion and 16 bil- ability to refine that into gasoline, we States in the upper Midwest, where lion barrels of oil beneath the surface have some deficiencies that are of our ethanol is produced, to go to higher or, as I said, the daily equivalent of own making. I regret the fact that we blends. We are at 10 percent ethanol about 1.5 million barrels a day, which were not able to find the votes in this today. There are States I think would is comparable to what we get from body to do these types of things many like to go to higher blends. We ought Saudi Arabia. years ago, when today it would make a to allow them, particularly when the To put it in perspective, a 2,000-acre big difference in the challenge we face. studies are concluded by the Depart- footprint, for those who come from my The other issue, the other point I will ment of Energy and the EPA, which part of the country who have an agri- make—because I think it gets back at are determining the impact on cultural background, that is the equiv- this issue of how doing some of these drivability, materials compatibility, alent of three sections of farm ground. things, although at the time they may emissions—all those sorts of things. That in an area of some 19.2 million have seemed to be not that substantial, When they come back, which I believe acres in what they call ANWR, this ref- could make a difference at the mar- they will, and conclusively determine uge area. But if you look at the State gin—is what has happened with renew- that going to higher blends would not of Alaska in its totality, Alaska, be- able energy in this country. We are in any way adversely impact any of lieve it or not, is 7.5 times the size of now generating about 7.5, almost 8 bil- those metrics I mentioned, we ought to the State of South Dakota. You could lion gallons of renewable fuel or eth- be moving to higher blends of ethanol put South Dakota geographically into anol in America today. One would because I think that also will help take Alaska 7.5 times. That is how vast this think perhaps, when you use 140 billion pressure off oil prices as we continue to area is up there. It is part of our coun- gallons of gasoline on an annual basis, use more and more renewable energy.

VerDate Aug 31 2005 02:59 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G29AP6.060 S29APPT1 CCOLEMAN on PRODPC75 with SENATE S3488 CONGRESSIONAL RECORD — SENATE April 29, 2008 These are all parts of a solution. We found impact on the cost because you I hope we will pass a comprehensive need supply. But we have not taken the have transportation, you have pack- energy bill, one that includes increas- necessary steps to add to supply. If not aging, processing—all those things ing our supply, one that finally, once now, I don’t know when. When we get which are very energy intensive. So and for all, will allow us to get to that prices such as we are seeing, and the when you have high energy prices, high 6 to 16 billion barrels of oil beneath the impact that is having on transpor- fuel prices such as we are facing today, surface on the North Slope of Alaska, tation industries such as aviation, such that has more to do with the costs of which is widely supported by the polit- as trucking, such as agriculture, these food than the cost for a bushel of corn ical leadership in Alaska, the local are impacts on our economy that are is ever going to have, when it comes to citizenry there, that increases the only going to bring great economic corn flakes or when it comes to pop- amount of renewable energy we use in strain to many industries and a loss of corn or many of the other things that this country by allowing States that jobs. are being mentioned now by some of choose to increase and go to higher We can do something about it. We these groups opposing ethanol. blends, perhaps to 20 percent or 30 per- ought to be doing something about it. I also would point out what I men- cent ethanol. These are all things we We need to now authorize, even though tioned earlier and that is that were it could and should be doing today—al- we have had many opportunities to do not for ethanol—this again was re- lowing refineries to be built on bases it in the past—we ought to do it on the ported upon by the Wall Street Journal that have been closed, and allowing for North Slope of Alaska and offshore and a few weeks back, a study done by Mer- expedited permitting when it comes to other places where we have these re- rill Lynch—oil prices, per-barrel oil constructing those refineries. These serves. We ought to allow refineries to prices and per-gallon gasoline prices are all things that ought to be part of be built. We tried to get legislation would be about 15 percent higher. Cou- this energy solution. I think people are through that would allow refineries to ple that with the fact that a high com- going to hold this Congress account- be built on BRAC bases; in other words, modity price means the Federal tax- able if we do not take steps in that di- bases that were closed through the payers under our farm programs are rection. My hope would be that before BRAC process, and it was blocked by not making payments to producers to we move out of here before the next the Democrats on the Environment and the tune of a savings of about $8 billion break—we have got a break coming up Public Works Committee. last year, according to the USDA, and in a couple of weeks—we will take Even when it came to the renewable there are lots of impacts that are not some action that will do something fuel standard last year, that passed being mentioned by those who are spe- meaningful to lower energy prices for through the Senate and House and ulti- cifically singling out ethanol and criti- people in this country, increase our mately was signed into law, there is a cizing ethanol for the increase and supply to build new refineries, to sup- deficiency there as well which has runup in food costs. port the increased use of renewables. come to light now and a change that Add to that or couple that with this Those are all things that will happen was made at the very 11th hour by the piece of data that comes out of the and provide solutions and meaningful Speaker of the House that prevents USDA, that $8 billion in savings in tax- relief to the hard-working people in biomass, residual types of biomass such payer payments would be made under this country who are now faced with as slash piles that are generated in our farm programs that were not made, much higher gasoline prices. national forests, to be used to make that didn’t go out this last year be- I yield the floor. cellulosic ethanol. cause of high product prices. That is a The PRESIDING OFFICER (Mr. That makes absolutely no sense. We substantial savings to the taxpayers of MENENDEZ). The Senator from North have waste products in our forests that this country. Again, couple that with Dakota. add to fuel loads that create fire haz- the fact that ethanol has contributed ENERGY ards. All we are simply saying is these 15 percent reduction in the overall Mr. DORGAN. Mr. President, I know types of products could be used to costs of fuel in this country, ethanol is a couple of my colleagues will be com- make next-generation biofuels and help having the impact we hoped it would ing to the floor, specifically Senator grow our supply of renewable energy, by increasing supply and taking pres- CANTWELL will be coming to the floor, and that was stripped out, at the 11th sure off the price at the pump in this to speak about some energy issues in a hour, by the House in the conference. country. moment. When she does, I will relin- That is very unfortunate because it High fuel costs, high food costs, all quish the floor. is steps such as that, it is steps such as these things are impacting consumers I wanted to make a couple of com- blocking legislation that would allow across this country. We cannot solve ments. I listened with interest to my for expedited permitting of refineries that problem. We cannot solve the colleague from South Dakota making on BRAC bases, it is things such as problem of the airlines until we do comments about the energy situation. blocking a vote on opening the North something to develop our domestic re- We agree on much of what he has said Slope of Alaska to oil exploration— sources right here at home. and disagree on perhaps some amount those are the types of things that are We have some supplies, some reserves of it. But renewable fuels, ethanol, pro- stopping us. Those are the types of underground even in places that pre- viding renewable energy, all of that is steps and maneuvers in the Senate and viously had not been contemplated as a very important. the House that are stopping us from source of energy, in places such as the The area where we would perhaps not adding to the supply of energy so we Dakotas where we are now finding agree is ANWR, which in my judgment can do something about it, so we can there are some reserves down there, ought to be a last resort rather than a impact, in a meaningful and positive that with prices being what they are first resort. But I might say to my col- way, the high prices that are affecting may be economically recoverable. We league from South Dakota that par- consumers across this country. should be doing everything we can to ticularly with respect to the Outer I wish to make one observation as develop domestic resources, whether it Continental Shelf, if you measure well with regard to renewable energy is on the North Slope of Alaska, wheth- where oil exists, the best resources and because ethanol has come under a lot er it is offshore, whether it is in the reserves of oil and gas on the Outer of criticism of late, much of it I think Dakotas, in the form of oil below the Continental Shelf first are in the Gulf inspired by opponents of ethanol, such surface, or corn that grows above the of Mexico; second, off California; third, as oil companies. People are talking surface that is renewable that we can off Alaska. about the high cost of food, and food use every single year. We need to be de- One of the things we have recently prices have gone up in this country. veloping resources right here at home done on a bipartisan basis in this Con- But if you think about it, the amount that will lessen our dependence upon gress was to pass something called of corn that goes into a box of corn foreign sources of energy and do some- Lease 181, which opened up a portion of flakes, for example, it is about a nick- thing to take the pressure off these the Gulf of Mexico for development of el. If you think about what impacts the high gas prices we are seeing today oil and gas. I was one of the four Sen- cost of the things we buy at the gro- that are affecting every single Amer- ators who led the effort on that. I was cery store, transportation has a pro- ican. pleased to do that because we are now

VerDate Aug 31 2005 02:59 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G29AP6.062 S29APPT1 CCOLEMAN on PRODPC75 with SENATE April 29, 2008 CONGRESSIONAL RECORD — SENATE S3489 producing and are going to be pro- ground. It is unbelievable. At the very am going to use one by Mr. Gheit, be- ducing more oil and more natural gas least you ought to expect some com- cause Mr. Gheit said it all. He said: from one of the most productive areas mon sense here. There is no shortage of oil. in the eastern Gulf of Mexico. So pro- Now, what has gotten us into this Who is Mr. Gheit? He has worked for duction is certainly one of the areas we mess? Well, let me describe what is 30 years for Oppenheimer and Com- ought to be concerned about, as the happening with Saudi Arabia. And if pany, the top energy analyst for Senator indicated. Production, con- ever we should wonder about the dan- Oppenheimer. He said: servation, efficiency, and renewables, ger of being overly dependent on oil There is no shortage of oil. I am absolutely all of these are important elements of from off this country’s shores, this is convinced that oil prices shouldn’t be a dime an energy policy. the chart that shows why. above $55 a barrel. No one has ever accused this Con- The Saudis, who have the largest re- Oil speculators, including the largest gress of speeding. I understand that. serve of oil in the world by far, have re- financial institutions in the world—he This system is not established to be duced their production by 800,000 bar- said: necessarily efficient. It has checks and rels a day since 2005. They have re- I call it the world’s largest gambling hall. balances, which makes it very hard to duced production by 800,000 barrels a It is open 24/7. Unfortunately it is totally un- get things done. But there is an ur- day. That is part of the problem. So we regulated. This is like a highway with no gency at this point, an urgency for sit here in the United States with a cops and no speed limit and everybody is going 120 miles per hour. families, for farmers, for truckers, yes, prodigious need for energy to make for businesses and airlines with respect this economy work. And, by the way, What is he talking about? He is talk- ing about hedge funds neck deep in the to what is happening with the price of as an aside, I have said before: We stick futures market. He is talking about in- gasoline. straws in this planet and suck oil out vestment banks neck deep in the fu- There are a lot of reasons for all of of the planet. We suck out 86 million tures market. Is this because hedge this, and I am not here to try to as- barrels of oil a day. One-fourth of it is funds and investment banks want to cribe blame, I am here to say: Let’s fix required here in the United States of wallow in oil? Do they want to bathe in some of these things. I am going to America. We use one-fourth of every- oil? Do they want to take it home and offer an amendment, by the way, to the thing that is produced every day in store it in their garage? They do not FAA reauthorization bill, that deals this world, on this planet. One-fourth want to see oil. They want to speculate with something that as of today I note of that oil is used here in the United and make money. that 67 Members of the Senate have States. We have an enormous appetite. They have made a lot of money. Peo- agreed to. So we need to conserve; we need more ple who never had it are buying things Some while ago, I introduced the no- efficiency in the use of energy. We have tion of prohibiting the further move- from people who never will get it. So done some things in that area. The they are making money on both sides ment of oil underground into the Stra- CAFE standards increased fuel effi- tegic Petroleum Reserve. I have intro- of the transaction. ciency by 10 miles per gallon over 10 Now, what does that do when you duced legislation on that matter. Long years. We have done some things in a have this kind of unbelievable specula- ago I introduced it, had discussions range of these areas, but we are far too tion? It causes the runup of prices in a with the Energy Committee about it. I dependent on foreign sources of oil. very dramatic way. There is a trader had 51 Senators sign a letter to the When the Saudis decide they are going named Andrew Hall. I would not know President to say: Stop putting oil un- to cut back oil production by 800,000 him from a cord of wood; never met derground when the price of oil is $115, barrels a day, and they say to us: Oh, him, never will, I suppose. He earned $120 a barrel. Stop taking oil out of by the way, with our strategic rela- $250 million on the commodity market supply and putting it underground into tionship, we want you to sell us preci- over the past 5 years, one-quarter of a the Strategic Petroleum Reserve. It is sion munitions, it seems to me we billion dollars. He was betting. All of already 97 percent full. Why would we ought to not be arming to the teeth the this is betting. He is betting long term, take oil out of supply to put upward Middle East. short term. He is not somebody who pressure on prices, on both oil and gas- But aside from that, strategic part- takes oil as a commodity; he just bets. oline, at a time when oil is at a record nerships run both ways. You cut your There are a couple of things we ought high? That makes no sense. Let us use oil production by 800,000 barrels over 2 to do. I will be very brief. One, in order at least some reservoir of common years; and by the way, we would like to be engaged in the futures market, as sense. Fifty-one Members of the Senate some strategic weapons for our stra- I have said before, if you want to spec- signed my legislation, signed the letter tegic need in the region—it does not ulate in the commodities future mar- to the President in support of my legis- seem to me that is the way a partner- ket for oil, for example, you only re- lation. ship should work. quire 5 to 7 percent down; only 5 to 7 Today, 16 members of the minority But let me describe with a couple of percent margin. You can control signed a letter to the President. They charts what is happening with this $100,000 worth of oil with $5,000 to $7,000 have also introduced legislation. So 51 strategic reserve. Here we see that oil of your own money. and 16, 67 members agreed, that in- prices have nearly doubled in 1 year. If you wanted to wager, that is a cludes the person who spoke on the There is no natural reason for that. good way to do it, I suppose. If you floor today. Senator MCCAIN has called The supply-demand relationship in the want to do it in the stock market, to for the identical policy. That is 67. marketplace does not justify this. The do this on margin, it takes 50 percent That is veto proof. If 67 Members of marketplace simply is not working. to buy in the stock market. But if you this Senate say to this President and We have these people who shake the go to the commodities market, you can this administration: Stop sticking oil cymbals and worship at the altar of the speculate to your little heart’s content under the ground, nearly 70,000 barrels marketplace. By the marketplace, that with 5 to 7 percent. That makes no of sweet light crude every day—that is is the greatest allocation of goods and sense. It ought to be 25 percent, in my the most valuable subset of oil. We services known to mankind. Well, I be- judgment, or perhaps if you want to have had testimony before the Energy lieve it is a great allocator of goods buy oil futures, you ought to take pos- Committee that suggests it has put as and services. I used to teach economics session of the oil. much as a 10-percent increase on the in college briefly, and I understand the But one way or another, when you price of a barrel of oil or a gallon of marketplace. But the marketplace have a market that is not working, and gasoline. And while families and farm- needs a referee from time to time be- you have speculation running out of ers and truckers and airlines and all of cause sometimes the marketplace does control, I think there is an obligation these businesses are trying to figure not work; the arteries get clogged, it on the part of this Congress to address out how on Earth do we pay this fuel does not work. that. Because that speculation is driv- bill, and while we see the damage and So here is what has happened in a ing up the price of oil, and driving the the dislocation of this country’s econ- year. Oil prices nearly doubled in a price of gasoline well up beyond where omy because of it, this administration year. Now, my colleagues have used the fundamentals would suggest. It in- merrily goes along sticking oil under- quotes, and I have used many quotes. I jures the American drivers, consumers,

VerDate Aug 31 2005 02:59 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G29AP6.063 S29APPT1 CCOLEMAN on PRODPC75 with SENATE S3490 CONGRESSIONAL RECORD — SENATE April 29, 2008 business, and it injures this country’s try’s families, and do something about and the yellow line is supply—except economy. it. When you have speculation that for some anomalies here, shows that The second point I indicated I was runs out of control, this Congress has a supply and demand have kept pace. So going to make is on the Strategic Pe- responsibility to do something. We anybody who wants to say this is all troleum Reserve. This chart shows can’t have someone else do it, we can’t about supply and demand hasn’t looked what the Strategic Petroleum Reserve wait for somebody else. It won’t get at a chart such as this showing that looks like. These are holes in the done. If we don’t do it, it won’t happen. these lines pretty much track each ground, and we shove oil down those These are two steps I believe we other. What it tells us is that we have holes. We save it for a rainy day; it’s 97 ought to take: No. 1, increase the mar- to look at other fundamental things percent filled at this point. We are put- gin requirement and stop the specula- that are happening in the marketplace ting just under 70,000 barrels a day tion in the futures market to begin to and not just make accusations about every day underground right now. put downward pressure on prices; No. 2, what is going on. Sixty-seven Members of the Senate stop putting oil underground when In fact, if you want to look at the as of today have expressed themselves prices are at a record high and put high price of gasoline, you can’t say it publicly. They think it is the wrong downward pressure on prices. If we did is just an increase in demand. During thing to do. They think this adminis- both of those things, I am convinced we the summer season, motor gasoline tration is making a mistake and they would bring oil and gas prices back consumption in the United States is ought to stop it. Now, why do people down and we would provide some relief actually projected to decline by four- say that? Because they know if we stop to the American driver and to the tenths of a percent, and it is projected taking that 70,000 barrels of sweet light American economy. to decline by three-tenths for the crude and sticking it underground, it I yield the floor and suggest the ab- whole year. We are actually seeing a will be part of the inventory out there, sence of a quorum. decline in demand. Obviously, that is not a surprise. Given the high price of and they know that would put down- The PRESIDING OFFICER. The fuel, people are not able to afford to ward pressure on gas prices and down- clerk will call the roll. continue their normal habits. But the ward pressure on oil prices. That is The assistant legislative clerk pro- issue isn’t that the price is being driv- why 67 people have come to this con- ceeded to call the roll. Ms. CANTWELL. I ask unanimous en up simply because there is this in- clusion. crease in demand. The high price of The question is: What do we do to try consent that the order for the quorum gasoline also isn’t about the fact that to stop this? Well, when you put oil un- call be rescinded. The PRESIDING OFFICER. Without there are low inventories. Some people derground, you drive up to the gas sta- have wanted to say this issue is about tion, you see the effects of this kind of objection, it is so ordered. Ms. CANTWELL. I come to the floor low inventories. When you look at policy. The question is: What do we do what the industry says, here is an oil this evening to talk about the energy to put some downward pressure on analyst who basically says that gaso- crisis, the price of oil, and how con- prices? Stop filling the Strategic Pe- line inventories are higher than the sumers are seeing the impacts of high troleum Reserve and stop it now. historical average at this time of the oil prices in their everyday lives. The There is a bill on the floor of the Sen- year. So there is really no need to ate, the FAA reauthorization bill. I am high price of oil is impacting busi- worry about tight supply. Here is an oil part of the committee that has pro- nesses and many consumers can’t af- analyst saying that. duced this bill. We need to modernize ford to take family vacations and trips, It points, again, to other questions the system for aviation in this coun- dragging down our economy over all, about what is going on. Some people try. It is desperately in need of mod- and dragging us further into an eco- have said: Let’s blame it on renew- ernization. It is going to cost some nomic downturn. ables. Many Democrats have been big money to do that, but we do not have What I have heard today on the Sen- supporters of renewable energy, big much choice. We have had, I think, ate floor from many of my colleagues supporters of getting alternatives into four airlines declare bankruptcy in the is accusations and claims about what is the marketplace, because we believe if last month and a half. going on and what might have tran- you get alternative fuel into the mar- A substantial part of it, announced spired on various issues that might ketplace, it will lower the demand on by every one of those airlines, had to have caused the high price of gasoline normal fossil fuel and create some do with the price of jet fuel. and certainly the price of crude oil, competitive advantages. I know there I am going to offer, as an amendment which is now well over $100 a barrel. I are some people—a Governor—basi- on this bill, legislation that would call think it is important to think about cally saying: You ought to repeal the a halt to filling the Strategic Reserve. what Congress has already done and to whole RFS. You ought to get rid of this To stop taking oil and sticking it un- make sure we are telling consumers issue as it relates to having a renew- derground, and put some downward what needs to be accomplished to solve able fuels standard. Here is the Wall pressure on jet fuel prices, downward the problem. Street Journal report from Merrill pressure on gasoline prices. Some say What we are hearing from analysts Lynch saying that without biofuels, this doesn’t fit on this bill. It does. on Wall Street is that this issue is the price would be even higher, and Fuel prices are why three or four air- going to continue to exacerbate, and that basically oil and gasoline prices lines have gone bankrupt in the last that oil prices will continue to rise. would be 15 percent higher if biofuels month and a half. When we think about oil futures all the weren’t helping to increase the output. I will be over here tomorrow speak- way out to 2015, still being over $100 a So it is wrong to say that somehow our ing about this topic because I believe barrel, and oil futures impacting the focus on renewable fuels has exacer- strongly that we should do something physical price, it raises a lot of con- bated the situation when, in fact, it about this issue. cerns about how the economy can sus- has done nothing but help the situa- My colleague Senator BYRD used to tain such a high price of fuel. tion. In fact, I love that this Texas talk about Aesop’s fly. He described Let’s start with some basics about A&M study basically found that the fable Aesop’s fly who was sitting on supply and demand because many of ethanol has increased in excess of what the axle of a chariot who would ob- my colleagues on the other side of the our renewable fuels standard was, indi- serve: My, what dust I do raise. There aisle have talked about the fact that cating that relaxing the standard are some here in the Congress who they think oil supply hasn’t been would not cause a contraction in the have that notion, that if you just make there, that growth in the numbers of industry, nor would it cause a reduc- a little bit of noise and have a little bit people in India, China, other countries, tion in the price of corn. of activity, you can claim a lot of suc- is exacerbating the problem. The issue today is where do we go for cess. The fact is, that is not what the While we have seen growth in de- solutions. Part of the issue is that American people want this time. They mand from other countries, this many of my colleagues are saying it is want this Congress to understand the chart—starting in 1980, going all the all about more supply of fossil fuel for urgency, understand the problem, un- way to 2006, and showing some numbers the United States. We have had this de- derstand what it is doing to this coun- until 2008; the orange line is demand, bate so many times in the Senate. We

VerDate Aug 31 2005 02:59 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G29AP6.065 S29APPT1 CCOLEMAN on PRODPC75 with SENATE April 29, 2008 CONGRESSIONAL RECORD — SENATE S3491 have had a debate about whether the something is going on in the oil mar- lion in civil penalties, two ongoing United States, with 3 percent of the ket. He doesn’t think it is about supply market manipulation cases that could world’s oil reserve, really is going to and demand. He didn’t happen to see net over $450 million in civil penalties, make a dent in increasing supply and that first chart I put up, but he knows and a dramatic increase in self-report- giving consumers a chance to get off something is going on because he sees ing and self-policing. It is like one of fossil fuels. We are going to have a big the irregularity of prices. But this ana- my staffers said: If you want people to debate about global warming and its lyst said: Unless the U.S. Government straighten up, let them know there is impact and whether we should even steps in to rein in speculators’ power in going to be a cop on the beat. Let them keep our focus on fossil fuel or accel- the market, prices will just keep going know there is going to be someone in- erate getting off of it. up. Basically he is saying that specu- vestigating these activities and we are Many times today, even down at the lators have too much power in the mar- not going to tolerate it, and people will Rose Garden, we hear the word ket right now, and unless the Govern- start obeying the law. So we did that. ‘‘ANWR’’ again, and how ANWR was ment does its job, the prices are going In 2007, we decided that if this kind of the secret recipe for lowering gas to keep going up. So it is time for us to pervasive activity was still continuing prices in America. I obviously don’t act. It is time for us to get smart about in the natural gas and electricity mar- support opening up drilling in the Arc- this. kets—if that was still happening— tic Wildlife Refuge because it is a wild- It reminds me of the debate we had maybe there was some correlation here life refuge. But I certainly don’t sup- when the Enron crisis hit the elec- with what was happening in the oil port it when even our own Energy In- tricity markets. It probably took well markets, because clearly, after looking formation Administration has said into 2001, when many people said: Do at all those charts we just went that drilling in the Arctic Wildlife Ref- you know what, this is all about envi- through about supply and demand, and uge would only reduce gasoline prices ronmental regulation, or, this is about everything else, we could not under- by a penny per gallon and only 20 years not enough refineries, and it is about stand what was happening. We have after we got to peak production. So at the fact that there is a supply short- had oil company executives tell us that a penny per gallon, if people use 400 to age. They came up with all these the price of oil today should be at 500 gallons of fuel, we are talking about things. somewhere between $50 and $60 a barrel a few dollars of savings there over So as 2002 rolled around and as more given where supply and demand is. Oil many, many months. So the notion and more investigation was done, we company executives are throwing up that ANWR would be some way of solv- found out that, no, it was actually ma- their arms saying: We don’t know why ing our problems just isn’t true. nipulative schemes by various individ- the price of oil is well over $100 a bar- I know a lot of people have talked uals within a very large organization— rel. So we, in the Energy bill in 2007, about refinery capacity, and I think actually several organizations—that passed a law saying it is time to make you need to talk to the oil companies purposely manipulated the electricity the same laws we have for natural gas about refinery capacity and why they markets. They did this so they could and electricity apply to oil markets. have not expanded. I know my col- short supply and drive up the price. We said that any person who uses, di- league Senator BOXER has been out Now, Congress acted in 2005. We rectly or indirectly, ‘‘any manipulative here many times talking about how she said—after we found out all the facts, or deceptive device or contrivance’’ in had to stop consolidation in her State we heard all the terms: Death Star, Get connection with the wholesale pur- because they didn’t want to keep a re- Shorty, all the various schemes that chase of crude oil or petroleum dis- finery open. But I know this: We know had been manipulated—we kept think- tillates—that that was illegal and that it is not environmental regulation. In ing: How could this happen when we Congress made violations subject to fact, according to this CEO of an oil had a Federal Power Act that said, on penalties of up to $1 million a day. company: the wholesale rate of electricity and That is $1 million a day because we be- We are not aware of any environmental natural gas, you have to have just and lieve, if you are doing these kinds of regulations that would prevent us from ex- reasonable pricing. We thought that is activities, every day that you have en- panding our refinery capacity or siting a new a clear enough message for people. But, gaged in those activities you should refinery. in fact, it was not. It was not a clear pay a fine for that. So we know it is not about environ- enough message. It cost my State bil- Now, where are we today with this mental regulations. That is not what is lions. It cost California’s economy bil- authority? Because some people say: stopping them either. lions. So what did we do? Congress Well, you passed a law. Is it working? Some people have said: Don’t take made it illegal to use manipulative de- This law does not really go into effect the tax incentives away from the oil vices or contrivances in the electricity until the Federal Trade Commission industry; don’t do that because some- or natural gas physical markets, and adopts rules and puts them into action. how that is what is keeping the indus- we greatly increased the penalties for That is what we are waiting for now. try afloat. The industry is making market transparency violations. My colleagues on the Commerce Com- record profits. They are making so Now, why did we go to the extent of mittee have urged the FTC to hurry much profit they don’t even know what doing this? We could not believe that about this task, that it is so important to do with the profit. They are buying such activities were in some way a to our economy and to consumers to back their own stock. gray area and that somehow people hurry about this task. I know Senator We know this: We know the Presi- were still confused post-Enron that REID has encouraged them, Speaker dent of the United States, George W. this kind of activity was OK. Some PELOSI has encouraged them. So we are Bush, said: people said: Well, you already have the in the process now of hoping that the With $55 oil, we don’t need incentives for electricity and natural gas markets FTC will implement this rule and give oil and gas companies to explore. under the Federal Energy Regulatory proper notice but start the process be- It is way above $55 a barrel. So I take Commission. What else do you need? cause once the marketplace knows— him at his word that we don’t need in- But I was very proud that Congress just as they did in natural gas and elec- centives to continue to explore at that passed this legislation. Since that law tricity—that these kinds of activities level. has been on the books, since 2005, the will not be tolerated, we might be able Let’s talk about what is the issue. Federal Energy Regulatory Commis- to make a dent in what is happening Let’s talk about what is the problem sion, as it relates to electricity and with this excessive speculation in the we need to solve, for which we need to natural gas markets, has been aggres- energy markets. be responsible to consumers, to busi- sive about pursuing this power and Well, let’s look at what exactly the nesses, to the economy, and to make using it. market manipulation behavior is that sure we continue to deal with this What have been the results? Well, the we are concerned about. We basically threatening crisis. result has been making market manip- have said we are interested in whether I know one oil analyst who looked at ulation illegal when it comes to oil and companies have manipulated the sup- these markets. And maybe the man on natural gas, so that they have had 64 ply, whether they have given false re- the street, if you ask him, he thinks investigations, 14 settlements, $48 mil- porting, whether they have cornered

VerDate Aug 31 2005 02:59 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G29AP6.067 S29APPT1 CCOLEMAN on PRODPC75 with SENATE S3492 CONGRESSIONAL RECORD — SENATE April 29, 2008 the market, and whether they have en- ing can lead to misleading or inac- The end result was that the Depart- gaged in any kind of rogue trading. curate statements that also can hinder ment of Justice and the CFTC ended up Those are the things we are concerned the marketplace. with a settlement case against them in about. Part of this legislation we passed in the number of $303 million. So we know Well, let’s talk about supply manipu- this bill is to say, in 2007, that if you these things are happening in other en- lation for a second because that is gave false information, that was also ergy markets, and we know they are a something for which people might say: subject to civil penalties of up to $1 problem in the—potentially a prob- Well, it is just about supply and de- million a day because part of this—the lem—in the oil markets today. mand, and how do you pass a law about same in the Enron case—is it was very We also know rogue trading is poten- supply and supply manipulation? Be- hard to understand these schemes. If it tially a problem as well. lieve it or not, there are good Federal was not for videotapes that were put Mr. President, I am not going to take statutes on the books starting with a together, we would have never known much more time on this issue as it re- lot of case law and a lot of history. exactly how these schemes would have lates to the high price of gasoline. I What we are saying is, we do not want worked just by looking at the books. plan to continue to come out to the any artificial influencing of supply in So we want the Government to look at floor to talk about this issue about the the energy markets. We do not want some of this information and if there need for the CFTC to promulgate this someone creating something that is are manipulative schemes. But if they rule and get on about investigating the not a normal part of business but is ar- provide false information, we believe oil markets and to make sure con- tificially used to create a shortage—for that also should be a penalty. sumers are protected. example, diverting or exporting mar- Now, we know that in one case of I talked about what I think the rule ginal supply in tight markets. That is, natural gas—El Paso Merchant En- needs to do. It needs to prohibit the we know the market is tight on oil. ergy—they reported nonexistent trades manipulation of supply and to have a You can go back to that chart on sup- to reporting firms while at the same strong statute and penalty for fal- ply and demand. They pretty much time failing to maintain certain sifying information. It has to have a track very closely. So it is a tight mar- records. They basically created false prohibition on cornering the market. ket. When you have an event like information about the trades that were I believe that rogue trading is some- Katrina, it is even tighter. going on. The result was six traders thing else we are seeing in the market- Our question is, Did somebody export were convicted for false reporting and place. We need to have a prohibition on supply outside the country just to cre- attempting to manipulate the energy that. People might ask: What is that? ate a shortage in the United States and market. It is employing manipulative trading drive up the price? Have we had hedge Now, the reason why this is so impor- schemes such as buying or selling large funds holding crude oil ships off the tant to the subject we are debating volumes of stock or futures contracts coast just so the price will go up for a today is that manipulation has hap- with the intention of influencing few more days? pened in natural gas, and why this is so prices. That is the second point: holding sup- important now is because in the oil You can imagine, if somebody has a ply deliveries temporarily to boost markets, and particularly in the oil fu- large position in one of these energy prices. We have people now who are tures market, we do not even have the supplies or stocks, that basically ends major players in the oil market who same transparency in reporting re- up impacting the marketplace. We ac- really are not the end users of crude oil quirements that we do with other com- tually found this with the Amaranth supply. They are just big financial modities like natural gas. We have case, in the area of natural gas. Ama- movers in the marketplace. They are given them an exemption in the Enron ranth sold large volumes of what is not taking the delivery of oil because loophole that was done in 2000 as part called next month natural gas delivery they are out there delivering it to var- of the Commodity Exchange Act, so in the last 30 minutes of the market. ious jobbers or what have you. They they do not have those reporting re- What they did is basically crashed the are there for a financial investment. quirements. So we cannot even go and close of the market. By selling large In fact, we want to know if some of get some of this information to know amounts of futures contracts for deliv- these inventory management strate- that something like what was hap- ery of natural gas at the close of the gies that have basically reduced phys- pening with El Paso Energy is tran- market they manipulated the price and ical supply—and basically everybody spiring in the oil markets, as it did in benefitted their large positions in just trades their reserves on paper, and the natural gas markets. other financial derivatives, and that everybody just trades the paper So it is one of the reasons why we ended up impacting the physical price around, where that, in fact, does not want to close the Enron loophole and of natural gas. The good news is the have much transparency to it. So we do to say that the trading of energy fu- FERC, because of the 2005 law we not know how much that creates that tures, which definitely impacts the passed, was on the beat, doing its job. management system in and of itself. price of oil today—and we will get to Unfortunately, consumers paid some- Where we used to have 30 days of crude that on another day out here on the thing akin to $9 billion in increased oil supply, thereby, the market was not floor, about how the energy futures natural gas costs before the FERC so tight. Now we have this paper inven- price impacts oil today, we will get to could get this situation under control. tory system. We do not know what that that, but for today we just know that if Now they are in the enforcement phase really means. We do not know how you do not have reporting, then there of a $291 million civil penalty against much supply is really in reserve. Is is no way—whether it is the SEC or the Amaranth. We know these situations that being used to manipulate supply? CFTC or FERC or the FTC—no one has are happening with rogue trading. Then, obviously, what we saw—I just any ability to get access to the infor- We know of another case that is simi- think back to the Enron days when mation. lar to rogue trading and price manipu- people said: Oh, no, no one would ever We also know that we want cornering lation, where Marathon Oil allegedly shut down a powerplant just to short the market to be illegal. Cornering the attempted to sell oil delivery contracts supply. They would never do something market would be exploiting the market below the market prices in order to ba- like that. It must all be about the fact power through excessive mergers like sically lower the market price, benefit- that really something was wrong. Well, natural monopolies or blocking new en- ting them as a net purchaser of foreign we found out that there were purpose- trants to basically corner the market- crude oil. So there ended up being an ful shutdowns of various powerplants place. We know this is something about investigation by the CFTC, and today to short the market and to drive up the which we have a great deal of concern. they are in a $1 million settlement price. So we want to know if there are We know British Petroleum attempted with the CFTC on that issue. unnecessary and untimely ‘‘mainte- to do this. Basically, they purchased All these issues, I believe, need to be nance’’ shutdowns just to impact sup- excess propane in Texas, within the investigated in the oil markets. They ply in the marketplace of oil. pipelines, to hold it from the market need to have a strong statute passed by We also want to know whether there and then sell it high. We know they did the CFTC, similar to in 2005 for elec- is false reporting because false report- that in trying to corner the market. tricity and natural gas, where we can

VerDate Aug 31 2005 02:59 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G29AP6.068 S29APPT1 CCOLEMAN on PRODPC75 with SENATE April 29, 2008 CONGRESSIONAL RECORD — SENATE S3493 see the results of the investigation, we sight and enforcement of the derivatives in- vironmental Research Act, would es- can see that a Federal agency is doing dustry. tablish a national strategy to study its job; we need to do the same thing He is basically talking about this off- the possible links between breast can- with the oil market. shore exchange, where we don’t have cer and the environment and would au- In fact, there are five things I think the same kind of oversight that we do. thorize funding for such research. we need to do that would help protect In fact, I said earlier that we have Eminent scientists believe the breast consumers from high prices of gasoline. more regulation of hamburger and the cancer that is being found, discovered Our economy and consumers cannot af- future of beef than we have of oil. I will in America, very likely is the result of ford much more. tell you that oil is critically important something in the environment. Result- We need to close the Enron loophole, to our economy, and it needs to have ing discoveries could be critical to im- in which that 2000 law said that online the same kind of transparency and proving our knowledge of this complex trading promulgated by Enron, they oversight as other futures commod- illness which could lead to better pre- said, they don’t have the same trans- ities. vention and treatment and even per- parency, don’t have to open their books Last, I will reiterate that even on haps one day a cure. or allow people to see what they are Wall Street, even the analysts who Although we first introduced this doing. We know for other commodities know what is going on in the market- legislation in 2000, and despite strong the Securities and Exchange Commis- place, who know these prices are out- bipartisan support—right now we have sion and CFTC look at those things to rageous, not based on supply and de- 68 Senators supporting this legislation make sure there is not a manipulation mand, are saying: and are cosponsors of it, Democrats in the marketplace. We cannot even Unless the U.S. Government steps in to and Republicans—Congress has yet to get these because we gave them an ex- rein in speculators’ power in the market, act and send this bill to President emption. That needs to be repealed. We prices will just keep going up. Bush. Last session, the bill was re- need to require oversight of all oil fu- An energy analyst said that this ported out of the HELP Committee, tures markets. That is, as I said, the month. but one of our colleagues prevented oil futures price affects the physical It is clear the marketplace even final Senate passage. This session we price of oil. If people are going to buy thinks there is too much speculative have worked in good faith to address oil futures well into 2015 at over $100 a power, and the answer is for us to do any concerns that have been raised barrel, it is going to impact the phys- our jobs—for the FTC to do their job, about this legislation. As a result, this ical price of oil today. If you can buy to get the help of DOJ, and for us to act was once again reported out of the oil at over $116 in the oil futures, it is make sure we are doing our job on HELP Committee, and as I have indi- hard to believe that oil is going to drop oversight in giving consumers protec- cated, it is sponsored by 68 Senators. much below that in the physical mar- tion. But I think there are very few ket. But these are markets—unlike, people in America who do not think It is long past time for the Senate to again, our commodities in the United these prices are out of control, that it take up and pass this broadly sup- States, on NYMEX or the mercantile is not normal market forces, it is not ported bipartisan legislation. Too exchange, such as corn or soybean fu- normal supply and demand, and if it many women and their families have tures, this is an exchange the United keeps careening out of control, it is waited too long for Congress to act. I States doesn’t have any regulatory im- going to wreck our economy. It is cer- tried recently, last week, to pass this pact on. We don’t have the ability to tainly wrecking consumers’ pocket- legislation by unanimous consent, but look at those books, any enforcement books right now. one Senator objected to my request. In mechanisms. We don’t have the ability I hope we will take action. I hope the response to that objection, I then of- to protect consumers on that kind of Federal agencies will get on their feet fered a time agreement that would speculation if there is manipulative ac- and be aggressive about protecting con- allow for 2 hours of debate on this bill tivity going on. sumers on this important issue. I know with two amendments on each side. I As I said, we need to get the CFTC to we will continue to talk about this on think this is a fair offer for legislation finish their work. This is so important the floor as we continue to pass legisla- that over two-thirds of this body have that I think the Department of Justice tion that does protect America from cosponsored. This offer was rejected. should coordinate all these agencies these out-of-control gasoline prices. I urge that we have this matter move because there are futures activities, I yield the floor. forward. I urge my colleague to recon- there is a physical market, and there is The PRESIDING OFFICER. The ma- sider this offer and end the opposition the falsification of information. What jority leader is recognized. to this matter—opposition to even de- happened with Enron is the Depart- Mr. REID. Mr. President, Senator bating this legislation which enjoys ment of Justice created a task force, COBURN has agreed to come to the such broad bipartisan support. It is called the Enron Task Force. It coordi- floor. I have a couple unanimous con- time to offer more than words of en- nated these agencies and got to the sent requests. He wanted to be present couragement to those affected by bottom of what was happening with the when I made these. breast cancer. Our wives, mothers, sis- electricity markets and the manipula- UNANIMOUS CONSENT REQUESTS—S. 579 ters, daughters, and friends have wait- tion. I think the Department of Justice Mr. President, every year, hundreds ed long enough. should create an Oil Market Fraud of thousands of women in America are I therefore ask unanimous consent Task Force to do the same thing. diagnosed with breast cancer. Breast that the Senate proceed to the imme- Lastly, I know my colleagues will cancer will strike approximately one in diate consideration of Calendar No. 628, talk about this on the floor—to make eight American women in their life- S. 579, the Breast Cancer and Environ- price gouging a Federal crime. There time, with a new case diagnosed every mental Research Act; that the com- are 28 States in our country that have 2 minutes in America. This year alone, mittee-reported substitute be agreed the ability, in an emergency, to make it is estimated that 250,000 women will to; the bill, as amended, be read three a declaration in the event of a natural be diagnosed with breast cancer, and times and passed, and a motion to re- disaster, or huge anomalies in the mar- 40,000 of them will die. consider be laid upon the table; and ket, and help stabilize the situation We have made remarkable progress that any statements be printed at the in breast cancer diagnosis and treat- with executive power. I am willing to appropriate place in the RECORD as if give that same executive power to the ment, but we still do not know the given with no intervening action or de- President of the United States. I hope cause of breast cancer. There are theo- bate. he would use it. ries but no one really knows. Scientists The PRESIDING OFFICER. Is there In conclusion, there is a lack of have identified some risk factors. objection? transparency in energy trading mar- Those factors help explain fewer than kets. We need to fix that. This is one of 30 percent of the cases. Mr. COBURN. Mr. President, reserv- the CFTC Commissioners who said: This legislation that I am going to ing the right to object. I am generally concerned about a lack of ask unanimous consent for in just a The PRESIDING OFFICER. The Sen- transparency and the need for greater over- few minutes, the Breast Cancer and En- ator from Oklahoma is recognized.

VerDate Aug 31 2005 02:59 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G29AP6.070 S29APPT1 CCOLEMAN on PRODPC75 with SENATE S3494 CONGRESSIONAL RECORD — SENATE April 29, 2008 Mr. COBURN. Mr. President, I will substitute; that there be a time limit ple who died from lung cancer that is not take the time now to go into de- of 1 hour for general debate on the bill not related to smoking? Are we going tail. I will wait until the Senator from and 1 hour on each amendment; with to say that? Should we tell the NIH ev- Washington finishes her speech. all time equally divided and controlled erything they should do, every amount I will say I have a personal involve- between the leaders or their designees; of money, every disease we should de- ment with this issue. My sister has that upon the disposition of all amend- cide, based on the effective lobbying of breast cancer. My sister-in-law has ments, the use or yielding back of all people who are absolutely affected— breast cancer. My most cherished per- time, the substitute, as amended, if there is no question about that—but son in the world besides my wife and amended, be agreed to; the bill, as should we make that decision? The an- children and grandchildren died of amended, be read a third time with no swer is no, we shouldn’t. We should let breast cancer. She was a breast cancer intervening action or debate; and the the experts, not the Senators, not the nurse specialist. I understand the dis- Senate proceed to a vote on passage of Representatives, but the scientific ex- ease. We spend more on breast cancer the bill, as amended. perts make those decisions. We have research than any other cancer in this The PRESIDING OFFICER. Is there given that charge to the NIH. That is country today. We spend $100 million objection? what we ought to do. They would more on environmental causes related to Mr. COBURN. Mr. President, reserv- sooner come to a cure and solve the breast cancer research. ing the right to object. problem than with us micromanaging I don’t object to us spending money The PRESIDING OFFICER. The Sen- the NIH. on breast cancer research. I object to ator from Oklahoma is recognized. With that, I object. us making the decisions about what Mr. COBURN. I would like to ask the The PRESIDING OFFICER. Objec- the scientists know we should do majority leader a question. Are you tion is heard. versus what the politicians want us to aware of the thousands of studies that Mr. REID. Mr. President, I first got do. So I will spend some time after the have already been published— interested in diseases of women a num- Senator from Washington State speaks Mr. REID. Of the what? ber of years ago when in my Las Vegas outlining in detail my opposition to Mr. COBURN. Are you aware of the office three women came to see me. putting one cancer ahead of the other thousands of studies that have already They didn’t want to be there. They 70, No. 1; and one disease that—specifi- been written on this subject? were embarrassed for being there. They cally, we are going to put one specific Mr. REID. I say to my friend, I am had a condition. It is called interstitial disease and one ideology of a specific not aware of the thousands of studies. fasciitis. I had never heard the words disease ahead of all of the others, and I am aware of the need to move forward before, and it is still hard for me to say I will outline that in detail. with this legislation. I would say to my these words after all of these years. On the basis of that, I will object. friend, if, in fact, there are thousands— But I looked into this. The NIH and the The PRESIDING OFFICER. Objec- and I don’t in any way doubt the word scientific community and the country tion is heard. of my friend—then why should that be thought this was a psychosomatic dis- Mr. REID. Mr. President, I under- a basis for stopping us to legislate on ease; that this was something these stand the objection, but I would hope this issue? women had in their head; that even everyone within the sound of my voice We have 68 Senators who believe this though each of them described the pain understands the lack of logic to the legislation is important. If you, the the same—like slivers of glass being statement just made by my friend, the Senator from Oklahoma, have a cause shoved up and down their bladder—it Senator from the State of Oklahoma. If that this legislation is ill-founded, peo- was all in their head. he has problems with this legislation, ple are—I have changed my position on I had the good fortune of having a why would he prevent the whole Senate legislation before, and I can’t under- woman, who is an orthopedic surgeon, from taking it up? Why wouldn’t he stand why you would stand in the way who had this same condition, and she come to the floor as legislators are sup- of allowing this legislation to be legis- said: This is not in my head, it is in my posed to do rather than some guerilla lated. That is what we do here. We are bladder, and something should be done attack and not allowing this to come legislators. to study this. We have begged the NIH up, recognizing if I bring this to the So, no, I am not familiar with the to do it. We have had others that we floor, it takes time. thousands of studies. have asked to do it, and they are not Now, I don’t understand why, if he Mr. COBURN. Mr. President, I appre- doing anything: You, Senator REID, has all of these great ideas as to what ciate the majority leader’s response to should have something done about this. should or shouldn’t be done. Let’s bring my question. The reason is because the And we did this. We established a this to the floor, offer an amendment, policy is wrong. We passed the NIH Re- registry. We did that by legislation. As offer two amendments. Why stop this form Act just to eliminate this sort of a result of that, now almost 50 percent matter from being legislated? issue because what we know is, out of of the people who have that disease So I understand. I can’t wave a med- the 2,037 diseases, we don’t know which have medicine to take that takes away ical degree, but I can wave the fact one to fund properly. We don’t know their symptoms, the pain. It is pretty that this legislation is important to which one to spend the most money on, good. many people in America today, and but peer-reviewed science does. So Have we cured the disease? No, we this legislation gives them hope that what we have decided is, because we haven’t. But progress has been made something can be done to find a cause have a very effective lobbying group on because, as policymakers, that is what and hopefully a cure. If my friend is so this because it does impact hundreds of we do. We set policy. The NIH is a body certain of his position, he should be thousands of women, we are going to of this legislature, this Congress, and able to offer an amendment and prevail step right back in the middle of the we have an obligation and a right to di- in that regard. NIH reform and say we didn’t need it. rect them to do things. Now, they do Mr. President, I ask unanimous con- So the policy of us directing spending good work. They do very good work. sent that the Senate proceed to the on research when we don’t have the But there are other things that we consideration of Calendar No. 628, S. knowledge base to know that is the think they should be doing. 527, the Breast Cancer Research Act right thing to do—and the researchers Who cares about this, my friend that was just spoken about, at a time agree with this, that we don’t have the asks? Well, who is lobbying for this, he to be determined by me following con- knowledge—in the context of all of the asks? Two hundred and fifty thousand sultation with the Republican leader, other 2,037 diseases, I will object to women who are going to get the disease and that the bill be considered under moving forward on this because the this year are the lobbyists. They don’t the following limitations: that other policy is wrong. It is not about debat- come here, all of them, and 40,000 to than the committee-reported sub- ing it. I am happy to debate it all you 250,000 are going to die. Now, is every stitute, the only first-degree amend- want. But the policy is wrong. penny of this money that we want to ments be four amendments—two for Who says that the women who died of appropriate going to hit the mark and each leader—that are relevant to the breast cancer this year are more im- do the right thing? Maybe not, but it is provisions of the underlying bill and portant than the same number of peo- going to lead to some discoveries that

VerDate Aug 31 2005 02:59 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G29AP6.072 S29APPT1 CCOLEMAN on PRODPC75 with SENATE April 29, 2008 CONGRESSIONAL RECORD — SENATE S3495 will help this disease and probably marks, we always hear it is a manda- tion. We have a very good detection other diseases. tory program. program and good survival rates. We So I say, I am disappointed and we Finally, not all of what the adminis- don’t know the cause of it, but we are going to continue to work this tration has done do I absolutely agree know it is very important to continue issue. This issue is not going to go with but on key points I do. These the research. away. It is not only this Senator but 67 rules will make a difference. If we are I know that in 1992, the so-called other Senators and others who will interested in fraud, let’s write the reg- year of the woman, when we had one of support this when and if we get this to ulations to get out the fraud. That the largest classes of women elected to the floor. So I appreciate the courtesy hasn’t been the offer. All we are willing the Congress, we saw an increase in of my friend from Oklahoma. He is a to do as a body is say to the adminis- women’s health research. Why? Be- gentleman. I disagree with him on oc- tration you have ideas that will get rid cause women were in the Congress to casion, but I appreciate his statement. of $42 billion worth of fraud over 5 say it was important to us to not have UNANIMOUS CONSENT REQUEST—H.R. 5613 years, but we don’t like it because we the research directed in a way that fa- Mr. REID. We have more than 50 mil- are feeling pressure from the State vored some of the particular programs lion low-income people—about 1 out of Medicaid directors, when we know that were about men’s health. 6 Americans—depend on Medicaid for States game Medicaid. A great exam- So I thank my colleague. The major- their health care. These are the poorest ple: There is nothing in this to stop ity leader is right to say we have to re- of the poor. any Medicaid Program from taking a spond to our constituents who are con- This administration has issued a se- child from school to the doctor, but it cerned about this issue and want to ries of regulations that will undermine does stop the 500-some-odd million dol- give attention to it. Clearly, women’s the Medicaid safety net and create bar- lars being spent on transporting health research hasn’t gotten all the riers for accessing care for the poorest schoolchildren back and forth to school attention it deserves in the past. Mr. REID. Will the Senator yield? who don’t have a medical appointment. of the poor. Ms. CANTWELL. Yes. These regulations, touted by the ad- So what we have is a system that has Mr. REID. Does the Senator acknowl- ministration as ‘‘savings,’’ would not been gamed. We have allowed it. edge that with diseases such as inter- lower health care costs. Now the administration put some- stitial fasciitis, more than 90 percent of Instead States—already facing tough thing forward which we don’t like and the people who have that disease are economic times, strained budgets, and which we ought to negotiate with them women? Women-related diseases have increased demand for services such as to change, rather than saying you are not gotten the attention they deserve, Medicaid—will either have to raise rev- not going to do any of it. The fact is and one reason is because the legisla- enues elsewhere or be forced to cut the unfunded liabilities associated with ture has been dominated by men. services to our Nation’s most vulner- the Medicaid Program are about $12 Ms. CANTWELL. That is what we able at a time when they need help the trillion. We are going to do some- found in the 1990s, in that we didn’t most. thing—just forget it. have enough representation to ask the Each regulation has different impact I applaud the administration for hard questions, to say our constituents on individuals, providers, communities, making an effort to try to fix some of were not being heard on this issue and and States. They include, among other this. But to say you cannot do any of to raise this in various committees. things, detrimental provisions, such as it, when some of it is very badly need- Frankly, that was the time period limiting services for people with dis- ed, is wrong. So unfortunately, Mr. when, for the first time, we had a abilities; preventing children from re- Leader, I have to object again. woman on every committee in the ceiving health care during the school- The PRESIDING OFFICER. Objec- House of Representatives. Once we got day; cutting payments to public hos- tion is heard. women on every committee, we asked pitals and other safety net providers Mr. REID. Mr. President, as I indi- the hard questions and increased the for such undertakings as emergency cated in the last piece of legislation we percentage of women’s health research. rooms, burn units, and trauma centers. tried to move forward on, would my I think it is a very poignant point to The administration claims these reg- friend allow us to bring it to the floor the fact that, while NIH does good ulations are necessary to fight fraud and debate the issue and offer amend- work, we have to respond to our con- and waste in the Medicaid Program. ments to it? stituency and, certainly, there can be But in a recent hearing on the Med- Mr. COBURN. I am objecting not discrepancies and issues that the larger icaid Program, the General Accounting solely for myself. I am happy to work public should have a say in as to health Office testified it did not recommend on trying to put together a proposal research. the administration’s proposed changes. with the administration that would The PRESIDING OFFICER. The Sen- They would not help. make a difference and then bring it to ator from Oklahoma. We are committed to ferreting out the floor. CANCER RESEARCH any fraud that may exist in the Med- Mr. REID. How long do you think Mr. COBURN. Mr. President, I wish icaid Program. But regulations that that would take? to spend a few minutes answering the harm our most vulnerable and place Mr. COBURN. Two weeks. question as to why would one Senator, greater burden on fiscally strapped Mr. REID. I appreciate that. in the light of all the other Senators States are clearly not the way to ac- I yield the floor. who have cosponsored this bill, stand complish this end. The PRESIDING OFFICER. The Sen- and block a bill that 60 some Senators Mr. President, I ask unanimous con- ator from Washington State is recog- want to see passed? I think it is a great sent that the Senate proceed to the nized. time for us to define what is wrong in consideration of Calendar No. 719, H.R. Mr. COBURN. May I inquire how our country today. 5613—which, I might add, passed the much longer the Senator is going to What is wrong is we think about the House by a huge vote—a bill to protect be? next election far off and more often the Medicaid safety net; that the bill Ms. CANTWELL. Three or four min- than we think about the next genera- be read the third time and passed and utes. tion. I want us to cure breast cancer as the motion to reconsider be laid on the Mr. COBURN. Mr. President, I ask badly as anybody else. The point Sen- table, with no intervening action or de- unanimous consent that I be recog- ator REID did not tell you is we are al- bate. nized following the Senator from Wash- ready spending $100 million on this The PRESIDING OFFICER. Is there ington. very subject, the environmental con- objection. The PRESIDING OFFICER. Without nection to breast cancer. We are also Mr. COBURN. Mr. President, there is objection, it is so ordered. spending more on breast cancer re- $38 billion worth of fraud in Medicaid. Ms. CANTWELL. Mr. President, I say search than we are any other cancer, We are on an unsustainable course as a to the majority leader, I appreciate and yet it is not the leading cause of nation. We have $74 trillion worth of what he said on behalf of women. death. unfunded liabilities. When we talk Washington State has one of the high- We are going to have 160,000 people about controlling spending and ear- est rates of breast cancer in the Na- die this year from lung cancer, the

VerDate Aug 31 2005 02:59 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G29AP6.073 S29APPT1 CCOLEMAN on PRODPC75 with SENATE S3496 CONGRESSIONAL RECORD — SENATE April 29, 2008 same number who are going to die from In this bill, it says this should not viewed literature says, we are going to breast cancer, 40,000 of which have no interfere with peer-reviewed research. tell them what to do. Consequently, we relationship to smoking, but you do If that is the case, then this will never are going to delay scientific discovery. not see anybody on the floor telling the get appropriated. So either this bill is My opposition is not that I don’t NIH to do a study between the environ- about doing research or it is about a want to cure breast cancer. My opposi- mental effects and nonsmoking-related press event for a politician. I will tell tion is not that I don’t want us to find lung cancer. you, I think it is the latter. a cure. I want to find a cure for all of The reason it is important is a little In 2006, we modernized the NIH to them. I am a two-time cancer survivor. example of penicillin. It is a great ex- keep exactly this thing from not hap- I would love to prevent colon cancer. I ample. We stumbled onto that through pening. We took away all the silos. We don’t like walking around with half a the science of microbiology, but we gave the Director the power and the colon. There are a lot of consequences would never have gotten there if we authority to start making great deci- to it. I don’t like having melanoma and had told the NIH: Study scarlet fever sions based on what the raw science having half my neck taken away. I and find a cure; study strep tonsillitis was telling him so when we invest in don’t like it, but I don’t want colon and find a cure; study syphilis and find raw science, we magnify the potential cancer to displace possible cures for ev- a cure; study gonorrhea, and we had benefits that come from it. Now we are erybody and in the best interest of this gone four or five different ways. The going to go back and say we are going country. point I am making is basic research is to start picking diseases; we are going Will I object? Every time I come to what we ought to be doing. to start managing it. Why do we need a the floor I will object because I think In the mid-nineties, I was one of the staff at NIH? Let’s let the Senate pick the ultimate underlying policy is strong advocates for increasing the size every disease and how much we are wrong. The way we solve breast cancer of the NIH budget. It ought to be twice going to spend on every one of them; in this country is double the NIH fund- what it is today. The reason it is not ing and let science drive the way we $60 billion a year instead of $29 billion we obviously are qualified. We are not qualified. need to go. The way we double NIH is because we will not fix the waste in I find it amazing—I do not doubt Sen- funding is get rid of the $300 billion Medicaid of $42 billion over 5 years, we ator REID’s story, but as a surgical waste, fraud, and abuse that is in the will not fix the $90 billion in fraud in resident in 1984, I was doing discretionary budget every year which Medicare, we will not fix the $8 billion cystoscopies and diagnosing intersti- most of us don’t have the courage to that was paid out by the Pentagon for tial cystitis. We didn’t think it was attack because it might gore some- performance bonuses that nobody psychosomatic. We knew it was a real body’s ox. earned last year, we will not fix the $50 disease 3 years before Senator REID To those who have breast cancer, as a billion that is associated with waste physician and somebody who has been within the Pentagon. Nobody will fix came to the Senate. The question politicians ought to be through cancer, I know your fear. I it. We had one wheelchair that was sold asking is what is NIH doing? Where is have been there. I have experienced the multiple times for $5 million to Medi- the oversight on what they are doing? questions. I have experienced the care in Florida alone—one wheelchair. Find out what they are doing. How chemotherapy. I have experienced the We will not do the hard work that cre- does their work rank in comparison to losing of 30 or 40 pounds. I have experi- ates the long-term best interest for our enced the nausea and vomiting that is country, but we will certainly respond the other disease initiatives at NIH? We have not had a hearing on that persistent with you for 4 or 6 months. to—granted, very real issues, but in an Most of all, what I have experienced is, inappropriate way that does not get us issue. The HELP Committee has had hear- we have a great health care system and where we want to go. great research in this country that is The NIH budget spends more on ings on multiple speciality disease bills. So we are back into answering a saving a lot of lives. If we will get our breast cancer research than any other hands out of it as politicians, they will research. We are going to spend $100 real need, but maybe it is not the best priority. What if we spent the same be able to save a whole lot more lives million on research on the link be- than when we put our hands into it and tween breast cancer and the environ- money we are going to spend on this disease and we got a breakthrough that tell them what they must and shall do. ment. Plus, the Defense Department is I thank the good Lord for the time he going to spend another $138 million, cured all cancers, but because we de- cided we were going to reconnect with has given me. I am 5 years out this and the Centers for Disease Control month from colon cancer. There is no and Prevention combined is greater one specific aspect of one potential risk for one cancer, we missed it? guarantee, but while I am alive, I am than $1 billion. There is not any other going to do things that are in the best disease we do that on right now. Yet we The wisdom of this body has to be to think in the big picture and in the long long-term interest of our research for are going to tell them to do more of health care, that give us the most life the same they are already doing, and term. I have diagnosed breast cancer over 500 times in my medical practice. for the dollars that we invest. If that is we are never going to think about the pleasing politically, great. If it is dis- other people with other diseases, the It is a gut-wrenching, life-changing dis- ease. Fortunately, we have had great pleasing politically, it is OK too. What other 2,037 diseases that are not as well is important is we are good stewards— organized and have nowhere close to improvements in it and our diagnostic not just with the money but with the the same investment at NIH. skills are getting better, especially direction to allow science to lead us to The point is, the hardcore, heavy- with digital MRI on breast examina- duty, peer-reviewed science ought to tion. Early diagnosis has an impact, cures. but what we do and how we do it is I yield the floor. guide us, not emotion, not my poor Mr. President, I suggest the absence going to matter. cousin Sharon Wetz who died 6, 7 years of a quorum. I will put forward that Senator REID ago of breast cancer, not my sister who The PRESIDING OFFICER. The can bring this bill to the floor, and if has breast cancer, not my sister-in-law clerk will call the roll. who has breast cancer. What we ought he brings it and we take the time—and The legislative clerk proceeded to to be doing is what is in the best over- I am more than happy to take 4 or 5 call the roll. all good for this country as a whole. days to talk about how we should work Mr. MENENDEZ. Mr. President, I ask And if we need to spend more money on at NIH, and I am happy to do that—and unanimous consent the order for the breast cancer, then the way to do that the bill will pass, but then are we going quorum call be rescinded. is to get rid of some of the waste and to do the same thing with every other The PRESIDING OFFICER (Mr. double NIH, but any dollar we spend on disease the HELP Committee brought BROWN). Without objection, it is so or- breast cancer is a dollar we are not out? There are about eight other bills dered. going to spend on colon cancer, it is a just like this bill. We are going to tell f dollar we are not going to spend on NIH: You have to spend this money thyroid cancer, it is a dollar we are not here, you have to do it here. Regardless MORNING BUSINESS going to spend on lymphoma, because of what the raw molecular science Mr. MENENDEZ. Mr. President, I ask we are going to take it away. says, regardless of what the peer-re- unanimous consent the Senate proceed

VerDate Aug 31 2005 02:59 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G29AP6.075 S29APPT1 CCOLEMAN on PRODPC75 with SENATE April 29, 2008 CONGRESSIONAL RECORD — SENATE S3497 to a period of morning business, with that, ‘‘A nation reveals itself not only tary Police Company. In August of Senators permitted to speak for up to by the men it produces, but also by the that year he completed training as a 10 minutes each. men it honors, the men it remembers.’’ health care specialist. After receiving The PRESIDING OFFICER. Without Our Nation tends to recognize those training, he deployed with the 1132nd objection, it is so ordered. men and women of wide acclaim, with Military Police Company. As a testa- f whose accomplishments we are already ment to his service, Sergeant Stelmat’s familiar. This, however, is a time of he- awards include a Bronze Star, Purple HONORING OUR ARMED FORCES roes. Over a million and a half Ameri- Heart, Army Good Conduct Medal, Na- CORPORAL BENJAMIN K. BROSH cans have left their families for deploy- tional Defense Service Medal, Iraq Mr. SALAZAR. Mr. President, I rise ments to Iraq and Afghanistan. Ben- Campaign Medal, Global War on Ter- today to honor the life of Army Cor- jamin Brosh, a young man who learned rorism Service Medal, Armed Forces poral Benjamin Brosh, of the 2nd Bat- his power to help others in the wake of Reserve Medal with ‘‘M’’ device, Army talion, 327th Infantry Regiment, 1st Hurricane Katrina, gave even more Service Ribbon, Overseas Service Rib- Brigade Combat Team, 101st Airborne than most. He lent his character, he bon, Combat Action Badge, Expert Division, out of Fort Campbell, KY. lent his optimism, and he lent his life Rifle Weapons Qualification Badge, and Corporal Brosh was killed last week in to his country. If a nation, as President an Overseas Service Bar. Balad, Iraq, when a car packed with ex- Kennedy suggests, reveals itself by the My deepest sympathy, condolences plosives detonated near his position at citizens it produces, then Corporal and prayers go out to DJ’s loved ones, Forward Operating Base Anaconda. He Brosh is America at our finest. He is a especially his parents. The service and patriot and a hero. was 22 years old. sacrifice of Sergeant Stelmat remind Corporal Brosh has roots in Mis- To Benjamin Brosh’s parents, James and Barbara, and to all his friends and me of the words of another son of New sissippi and Colorado, where his moth- Hampshire, Daniel Webster, who said, er still lives and where he loved to ski. family, our thoughts and prayers are with you. I hope that, in time, your ‘‘What a man does for others, not what Those who knew him remember his en- they do for him, gives him immor- ergy, sense of humor, his love for his grief will be assuaged by the pride you must feel in Benjamin’s service and by tality.’’ As combat medic, there is no family, and his commitment to the the honor he bestowed upon his coun- doubt but that DJ put his country and Army and to the soldiers with whom he try. This Nation will never forget him. his fellow soldiers before himself. For served. this selflessness, we are eternally He entered the Army in 2006, shortly SERGEANT DAVID ‘‘DJ’’ STELMAT Mr. GREGG. Mr. President, I rise grateful. May God bless U.S. Army Ser- after experiencing and enduring the geant DJ Stelmat. devastation that Hurricane Katrina today to honor U.S. Army Sergeant f wrought on his community. The storm David Stelmat of Littleton, NH. On stirred Benjamin to understand his gift March 22, 2008, Sergeant Stelmat was COMMEMORATION OF THE 265TH tragically taken from us, along with for helping others in times of need. Al- ANNIVERSARY OF THE BIRTH OF two fellow soldiers from the North though the storm had badly damaged THOMAS JEFFERSON Carolina Army National Guard’s 1132 his own crabbing business, which he Mr. WARNER. Mr. President, on Military Police Company, when his had built out of his childhood love for humvee encountered an improvised ex- April 13, 2008, America celebrated the fishing, Benjamin spent the days and plosive device in Bagdad, Iraq. At only 265th anniversary of the birth of Thom- weeks after the storm helping his fam- 27 years old, SGT David Stelmat, or DJ as Jefferson, who first served as Vice ily and friends dig out from the wreck- as he was known to his friends and President and then subsequently was age. ‘‘He just worked like a Trojan, and family, will always be remembered as elected as the Nation’s third President didn’t want anything from it,’’ recalls an adventurous, fun-loving young man in 1801. He deemed his proudest a family friend whose home Benjamin who enjoyed the outdoors. achievement to be the ‘‘Father of the cleared of mud and debris. The attacks of September 11, 2001, University of Virginia.’’ He carried his dreams of helping oth- were the worst our Nation has ever ex- As part of the national celebration, ers into the Army and then to Iraq, perienced. Terrorists hijacked commer- President and Mrs. Bush invited distin- where, amid the violence of firefights cial airplanes, turned them into weap- guished scholars and others to pay and roadside bombs, he remained fo- ons, and brutally steered them into the tribute to the extraordinary achieve- cused on doing what he could to help World Trade Center Towers in New ments of this great American. I was ordinary Iraqis rebuild their lives. Ben- York, the Pentagon only miles from privileged to attend along with John jamin’s father recalls how much he en- here, and the last plane lost on a field Casteen, current president of the Uni- joyed delivering soccer balls to Iraqi in Pennsylvania as a result of the he- versity of Virginia, and many other in- children and then challenging them to roic stance of the passengers aboard. It vited guests from the Commonwealth a pickup game. In a war zone wrought has become part of New Hampshire lore of Virginia. with confusion and tragedy it is hard that in the wake of this tragedy, when Given the importance of this occa- to imagine a gesture of humanity more our Nation was looking to heal itself, sion and the respectful tributes deliv- powerful than that of an American sol- DJ, a 1998 graduate of Profile High ered by the President, the First Lady, dier joining with Iraqi kids in a soccer School, along with a friend, climbed to and two eminent scholars, I wish to match. the top of the Old Man of the Mountain record this event for the American peo- Corporal Brosh’s passion for assisting and placed an American flag in the ple. others was matched only by his com- iconic profile. Pictures of DJ’s action f mitment to protecting the soldier next quickly spread and served as a patri- TRIBUTE TO BARB HESS to him. He was a pillar of his unit, sus- otic symbol of our State and our coun- taining his fellow soldiers with his try. Mr. GRASSLEY. Mr. President, I good spirits, optimism, and courage. He Upon returning home from military would like to take a few moments to dispensed advice and encouragement service to our Nation as part of the in- pay tribute to a remarkable teacher and, ultimately, offered his life to pro- fantry in Afghanistan, DJ attended the who has touched the lives of countless tect his unit. New Hampshire Technical Institute in students in Davenport, IA. Miss Barb The words we offer to honor Corporal his ardent desire to become an emer- Hess is retiring after 46 years teaching Brosh cannot begin to describe the her- gency medical technician. I am sure various social studies courses at Dav- oism of his daily work or the depth of that this patriotic need to help our Na- enport Central High School. his character and convictions. From tion heal after September 11 came from Many of us can think back to one fa- his memory, though, we draw a model the same source of motivation which vorite teacher who stands out amongst for service and duty to which we can led to his burning desire to achieve his all the rest; who because of a unique all aspire. goal of military service as a combat combination of personality and teach- At a 1963 gathering remembering the medic. ing skills, was able to spark an interest life of the poet Robert Frost, President In January 2006, DJ joined the New in a certain subject or learning in gen- John F. Kennedy reminded the crowd Hampshire National Guard’s 237th Mili- eral. Miss Hess has been such a teacher

VerDate Aug 31 2005 02:59 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G29AP6.076 S29APPT1 CCOLEMAN on PRODPC75 with SENATE S3498 CONGRESSIONAL RECORD — SENATE April 29, 2008 for an extraordinary number of stu- mother, a son, and a daughter who Korea. The U.S. Committee for Human dents. Her profound impact on her stu- were stripped naked and led into a Rights in North Korea estimates that dents and on Central High is attested room together. The room was made of 400,000 people have been murdered in to by her colleagues who wrote me an glass, ten feet wide, nine feet long, and these camps. Survivor Kang Chol Hwan impassioned letter recounting her im- seven feet high. Leading into the glass describes spending ten years in another pressive career, as well as by a great room where the family stood was a camp, Camp 15, where each spring many of her former students, including metal injection tube. Outside the room, brought a grim new harvest of deaths a member of my staff. a group of scientists waited with pens from starvation and disease. In the classroom, Miss Hess com- and note pads. The guard recalls that The only people who have ever seen mands respect and maintains discipline the gas began to flow through the tube Camp 22 are its guards, its victims with only a few softly spoken but firm into the glass room. At first, the gas (none of whom has ever escaped), and words, making clear that appropriate collected along the floor. The family the thousands of dead whose corpses behavior is expected. She holds high stood together in the middle of the and bones are strewn in its hills, fields, academic expectations for her stu- room. Then, as the cloud of gas rose and ravines. Kim Jong Il’s regime still dents, challenging them to achieve from the floor of the chamber, the son denies that these camps exist. No for- their potential. Her courses, many of and the daughter began to vomit and eigner has ever been permitted to go which she developed herself, push stu- then to die. The mother and father near them. Until North Korea allows us dents to think deeply and critically. tried to save them. They stood as high to go to the camps to prove or disprove Her students know that she expects pa- as they could to gasp the last clean these reports, we cannot know for cer- pers to demonstrate clear writing with breaths of their lives, to breathe that tain what is happening there. Still, well reasoned arguments backed by air into the lungs of their children, and commercially available satellite im- solid research. In a time of much dis- to preserve their lives for a few more agery allows us to look upon Camp 22 cussion about lack of rigor in high moments. Soon, the parents, too, began for ourselves and verify what the sur- school coursework, Miss Hess’s classes to vomit and die. One by one, all four vivors tell us in detail. Google Earth stand out as an example of rigorous succumbed and collapsed into the cloud has made witnesses of us all. In these preparation for higher education and of gas. Eventually, the father, the times, anyone with an Internet connec- other life-enriching opportunities. mother, the son, and the daughter all tion can look down into hell at Camp Her high expectations for her stu- lay dead on the floor of the gas cham- 22 and witness Holocaust Now. dents are a natural outgrowth of the ber. I would like to thank the Rev. Chun high expectations she sets for herself. The story I have just told you did not Ki Won, whom many have dubbed the Although Miss Hess holds both a bach- happen decades ago in Nazi Germany. ‘‘Schindler of the East.’’ Reverend elor’s and a master’s degree from It happened recently, and there is Chun himself has led hundreds to safe- every reason to believe that things just Drake University, she has never ceased ty and himself spent nearly nine like it may continue to this day, per- to enhance her own knowledge of the months in a Chinese prison when he subjects she teaches. She can always haps at this very moment. They hap- was caught trying to get into Mongolia spot plagiarism, often because she is pened in a country with which our dip- with a group of refugees. The floor intimately familiar with the original lomats are talking about granting full charts of satellite photos I am about to source. diplomatic relations and all of the mer- show were vetted by refugees, both vic- Outside the classroom, Miss Hess has cantile and diplomatic privileges of tims and guards, he is in touch with in been the adviser for the student coun- membership in the civilized world. cil starting in 1974 and has advised nu- This story happened to forgotten peo- Korea and elsewhere. They identified merous other student groups and orga- ple, in a forgotten part of a forgotten the details of these gulags and con- nizations. In fact, she has organized, country. You have probably never firmed their existence. I want to show you Camp 22 today. I advised, or assisted with more func- heard of it, yet it is the scene of crimes want you to see its fence lines, its tions at Davenport Central over the against humanity whose scale and de- years than can be tallied. Barb Hess pravity rival those of Mauthausen, gates, and moats. I want you to see the has been a loyal ‘‘Blue Devil’’ since her Tuol Sleng, or Srebrenica. The place is huts where its prisoners live, the coal student days, consistently supporting called ‘‘Camp 22.’’ It lies in the far mines where men are worked to death, sports teams, fine arts events, and northeastern corner of North Korea. and the forests and fields where the other extracurricular activities over Camp 22 is not history than we can dead are discarded. I want you to be the years. condemn from the safe distance of haunted by these things when you con- Barb Hess is a fixture at Davenport time. Yet too many of us refuse to con- sider how we should deal with Kim Central High School, having achieved front it, perhaps because we are afraid Jong Il’s regime, and when you are de- near legendary status among those fa- that confronting the crimes of Camp 22 ciding what kind of a country we will miliar with the school. Her imprint on would also require us to confront its be. I ask that you hear what I have to the institution will continue to be felt moral imperatives. We cannot say that say while there is still time to stop very strongly. Her imprint on the lives we act according to our values when we this, and before our government sur- of her students will be even more en- invite mass murder into the commu- renders the last pressure it may have during. The best teachers combine ex- nity of civilization, with all of its dip- to stop it. In Camp 22, it is forbidden to tensive content knowledge with a cer- lomatic and mercantile privileges. It is mourn the dead. Mourning them will tain intangible ability to connect with to horrors like these that we must say not bring them back, but it may save students and to inspire them to excel ‘‘never again,’’ and mean it, and act. others who still suffer. in school and life. Miss Hess’s ability It is a massive place, perhaps hun- Using Google Earth’s highest resolu- to care about each student as an indi- dreds of square miles in area. Former tion, it is possible to trace the camp’s vidual, and unique talent for bringing guards say that 50,000 men, women, and circumference perhaps hundreds of out the best in students of all kinds, children are confined there. Camp 22 is square miles. Unfortunately, only the places her among the best of the best. a killing field where guards murder western half of the camp can be seen in She will be missed in her classroom at children for scavenging garbage to eat, publicly available high-resolution im- Central High, but her legacy of improv- where prisoners are publicly stoned to agery. The alleged gas chamber is out- ing the lives of generations of students death and disemboweled, and where en- side of this area. will last forever. I thank Barb Hess for tire families are slaughtered for no Tracing the camp’s boundaries is not her years of service to Iowa’s youth more reason than to serve as examples difficult. The camp is surrounded by and I wish her the very best in her re- for other prisoners. It is a place where electrified barbed wire fences from tirement. torture, starvation, and disease kill 20 which vegetation has been cleared away. The sharp corners in the fence f percent of the prisoners every year, and where children die because their lines make them impossible to confuse NORTH KOREA parents are accused of thought crimes. with roads. At regular intervals, there Mr. BROWNBACK. Mr. President, the Camp 22 is only one of an archipelago are guard towers or distinctive guard guard told the story of a father, a of concentration camps in North posts.

VerDate Aug 31 2005 04:21 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G29AP6.032 S29APPT1 CCOLEMAN on PRODPC75 with SENATE April 29, 2008 CONGRESSIONAL RECORD — SENATE S3499 In North Korea, fence lines like these there for us to act on or disbelieve. North Korea’s racial purity? Does this are the distinctive mark of concentra- Perhaps all of the evils of Camp 22 and regime value human life including tion camps, with a few exceptions, such these other camps are fictions. If that North Korean life—as we value it? If as Kim Jong Il’s palaces, and certain is so, let Kim Jong Il open them to the not, isn’t it reasonable to conclude nuclear sites. For example, there is the eyes of the world. Let him refute me that neither a desire for peace nor good fence line of Camp 14, the so-called and all of us who believe that it is be- faith will motive Kim Jong Il to keep ‘‘life imprisonment zone’’ at the head- neath our nation to collaborate with this latest agreement? waters of the Taedong River, from evil of this depth. And finally, what does it tell us that which no prisoner is supposed to leave, I am aware that some in Washington, China, the guarantor of that agreement dead or alive. including many in our State Depart- and host for the six-party talks, green- Another camp that can be identified ment, would prefer to hear even less lighted North Korea’s nuclear test in by its fenceline is Camp 15, made infa- discussion of the atrocities in North 2006? Or that it has just announced a mous by Kang Chol Hwan in his gulag Korea for the sake of a diplomatic new plan to undermine the U.N. sanc- memoir, ‘‘The Aquariums of process that has taken decades to get tions that followed that test by letting Pyongyang.’’ Kang was sent to that us nowhere. I was deeply ashamed this the regime’s officials hold accounts in camp at the age of nine. It was not year when I read in the Washington Chinese banks, in Chinese currency? Or until his release 10 years later that he Post of how our State Department’s that it has flagrantly violated the U.N. learned why he and his family were East Asia Bureau had tried to pressure Refugee Convention for years by offer- sent there. His grandfather had come the authors of this year’s human rights ing bounties to people who catch and under suspicion for having lived for country reports to airbrush the section turn in North Korean refugees, so that many years in Japan. Kang and his on North Korea, invoking ‘‘the Sec- it can string them together like fish on family were arrested one night and retary’s priority on the Six-Party lines, with wires through their wrists taken to Camp 15 in accordance with talks’’ and asking the authors to ‘‘sac- and noses, as it leads them back to the the North Korean doctrine that class rifice a few adjectives for the cause.’’ death camps and firing squads? Or that enemies must be rooted out for three Perhaps this diplomat was guided by a it has bullied the UNHCR into refusing generations. sincere but mistaken belief that there asylum to North Korean refugees? And Former guard Kwon Hyuk claims will be time to deal with North Korea’s what do we have to say about China’s that the fences around Camp 22 are 21⁄2 atrocities when its disarmament is ne- efforts to cleanse its territory of North meters high, and electrified with 3,300 gotiated first. For those who are suf- Korean refugees to ensure that this volts of electricity. He also says the fering and dying in these camps, this year’s Olympic games will be free of camp is surrounded by spiked moats in year, there may not be a next year. the wretched refuse of its tyrannical places. Photographs from Google Earth With all due respect to Secretary satellite? also reveal trenches, railroad gates, Rice, I have come to doubt that our Do not misunderstand my words. I and guard posts. In some pictures, you State Department is as serious about am certainly not advocating war. After can even make out what appear to be ending these atrocities as it is about all, if we wish to rid the world of this clusters of people in the camps. pretending that we have progressed to- repellent regime, we need only stop The farmers who live outside the ward disarming North Korea. Why, sustaining it. Kim Jong Il has already gates of the camps cannot pretend not more than 3 years after this Congress ruined North Korea’s economy. He can- to know what goes on beyond the unanimously passed the North Korean not sustain his misrule without the fence. One recent defector, who lived in Human Rights Act, are American con- cash he receives from other nations, this area, described living near Camp 22 sulates in China and other countries through aid, trade, and crime. Recent to his English teacher, who wrote still refusing to let North Korean refu- reports by economists and NGO’s tell about them in the Washington Post. gees in their gates? Under Assistant us that North Korea’s regime has never According to this young North Korean Secretary of State Christopher Hill, been in greater economic distress, and refugee, because food and alcohol are who tells us that he intends to make that it has lost even the capacity to scarce in the countryside, the camp human rights one of many issues to be feed its elite. As Kim Jong Il shows guards sometimes went to his house to addressed through a ‘‘normalization stubborn contempt for our diplomatic drink, usually heavily. In their intoxi- working group’’ within the six-party efforts, we must relearn the lesson that cation, the guards would confess to talks, now says that America can raise diplomacy only influences evil men their sense of remorse. its objections to these atrocities ‘‘in when it is backed by pressure. In the When American soldiers and news the context of two states that have dip- case of North Korea, the threat of eco- cameras reached the gates of Dachau in lomatic relations.’’ Some of us had ob- nomic pressure will gain power in the 1945, we and millions of men and served years ago that Ambassador coming months . . . but only if we do women of conscience throughout the Lefkowitz, our Special Envoy for not throw it away. world made a simple, solemn promise: Human Rights in North Korea, has Nor do I fail to grasp that our ideal- ‘‘never again.’’ Who among us today been sidelined and silenced. Recently, ism must sometimes find ways to con- questions the righteousness of that we watched with embarrassment how form to our immediate interests. But promise? And who among us doubts he was treated when he dared to make those who say that America should that much of its meaning lies buried in the obvious connection between Kim stand only for its pecuniary interests the mass graves of Tuol Sleng, Rwan- Jong Il’s malice toward his own people and abandon its values have forgotten da, and Darfur? Why have we not done and his malice toward us. how America built the treasures it now better? Perhaps the civilized world After all, the basis of any negotiated seeks to protect. We have always been erred by making a promise it could not disarmament or peace must be a shared a nation of ideas of values. What else keep. We cannot solve all of the world’s interest in the preservation of human unites us? We differ in our ethnicities, problems or suppress the worst im- life. What does it tell us that Kim Jong faiths, and even in the climates and pulses of humanity. Still, ‘‘never Il holds human life in such low regard cultures of our vast country’s regions. again’’ was, and is, a promise worth as to run places like Camp 22, and then If our values no longer guide us, we are keeping if we read it as a promise, lie so flagrantly as to deny its very ex- nothing more than another color on first, to speak the truth; second, to do istence? What lessons can we take from the chessboard, and we have ceased to no harm; and third, to find ways within the fact that he left two and a half mil- be a beacon for the world’s hopes, a our means to stay the hand of the mur- lion North Koreans to starve to death model for its development, and a mag- derer. while he expended his nation’s depleted net for its talents. What a tragedy that We find ourselves in the possession of resources on nuclear weapons and lux- would be for a nation that, as De information not unlike that which was uries for himself and the elites? What Tocqueville said, is great because it is in our possession in 1943. Our govern- does it tell us that, according to mul- good. I do not say that we are perfect; ment had aerial photographs of Ausch- tiple witnesses, this regime kills new- after all, our tendency to revel in our witz, Dachau, and Buchenwald, too, born babies of refugee women returned own imperfections has made our soci- and the accounts of the survivors were from China in the name of protecting ety far more just and good. And with

VerDate Aug 31 2005 04:21 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G29AP6.037 S29APPT1 CCOLEMAN on PRODPC75 with SENATE S3500 CONGRESSIONAL RECORD — SENATE April 29, 2008 greatness, and with goodness, come ob- The team was led by Ms. Bebi Davis, a PRUDENTIAL SPIRIT OF ligations to conform the pursuit of our Farrington High School chemistry COMMUNITY AWARD WINNERS interests to the pursuit of our values. teacher who was the team’s adviser. Here is an occasion when our values The grand prize for the Lexus Envi- ∑ Mr. CARPER. Mr. President, I wish and our interests both demand that ronmental Challenge is $75,000. Ms. today to honor this year’s Delaware Kim Jong Il be given a stark choice: Davis will receive $7,000 for various winners of the Prudential Spirit of transparency or extinction. Let us re- classroom projects, Farrington High Community Award in recognition of solve that we will not allow Kim Jong School will receive $15,000, and the re- their exemplary volunteer service. Il to plunge North Korea into famine maining $53,000 will be split equally Congratulations to Anna Schuck of again this year. Let all nations of con- among the eight members of the Dream Wilmington, Matthew Waldman of science join to deny the Kim Jong Il Team. Delmar, Alexandra Browne of Wil- the means—through trade or unre- I congratulate the Farrington High mington, and Taylor Folt, also of Wil- stricted aid—to perpetuate his rule and School Dream Team for its great ac- mington. complishment in capturing the 2007 to his luxurious lifestyle while the North I strongly believe that volunteerism 2008 Lexus Environmental Challenge Korean people suffer and starve. Amer- is one of the cornerstones of American grand prize. I wish all of them the best ica should stand ready to help the peo- society. As shown on numerous occa- in their future endeavors, and I urge ple of North Korea, if and only if we sions, volunteering is not only good for them to continue to set an example for can verify that every last citizen, sol- the community; it is an enriching and dier, peasant, and prisoner—including future generations. I extend the same congratulations to all students and ad- rewarding experience for the volunteer, the prisoners in Camp 22—can share as well. Anna, Matthew, Alexandra and equally in the aid we should offer gen- visers who participated in the 2007 to 2008 Lexus Environmental Challenge.∑ Taylor all exemplify this spirit of in- erously. If Kim Jong Il refuses the just volvement and giving back to their terms on which we must condition our f communities. They serve as models of assistance, then why should we extend 50TH ANNIVERSARY OF THE selflessness and examples of how re- the misery of his people by delaying his SOUTHEASTERN COLORADO warding volunteering can be both per- meeting with the ash heap of history? WATER CONSERVATION DISTRICT sonally and to the community they That is why I am resolved to oppose, to ∑ Mr. ALLARD. Mr. President, on serve. the last breath in my body, adding this April 29, 1958, the District Court in The Prudential Spirit of Community country to the list of Kim Jong Il’s Pueblo, CO, established the South- benefactors and abettors until the pris- Awards was created by Prudential Fi- eastern Colorado Water Conservancy nancial and the National Association oners of Camp 22 are fed, healed, District. That action resulted in a firm housed, and freed. of Secondary School Principals to in- water supply for the Arkansas River spire and encourage youth vol- f Basin, providing much-needed supple- unteerism. Since being founded in 1995, ADDITIONAL STATEMENTS mental water to communities which these awards have honored more than are home to the wonderful people of 80,000 young volunteers at the local, this region. State and, national levels. COMMENDING HAWAII’S LEXUS The Arkansas River Basin includes ENVIRONMENTAL CHALLENGE communities whose livelihoods have Delaware winner Anna Schuck found- CHAMPIONS always depended on water: farming, ed the H.U.G. Club, for ‘‘Helping the Underprivileged Globally,’’ at her ∑ Mr. AKAKA. Mr. President, I con- ranching, steel manufacturing, small school, coordinating fundraising events gratulate the Dream Team, a team of businesses. The economic tide in this eight students from Farrington High region has ebbed and flowed during including ‘‘Rock Uganda,’’ a series of that 50-year period, but its riches lie School in Honolulu, HI, for winning the seven concerts. Her efforts helped to not in dollars but in its people. grand prize in the 2007 to 2008 Lexus raise $14,500 to provide necessities for a The Southeastern Colorado Water school in Uganda. Environmental Challenge. The Lexus Conservancy District has served the re- Middle school winner Matthew Environmental Challenge is a multi- gion and people honorably and with Waldman has participated in a variety phased national competition between diligence. The district works hard to of volunteer activities, including a 350 middle and high schools from across help the Arkansas Valley realize the charity antique show, bell ringing for the country. The challenge addressed importance and value of a well-man- the Salvation Army, and a Humane So- issues from global warming awareness aged water supply. to informing communities about the Currently, the district is spear- ciety walk. Matthew has also organized critical importance of water conserva- heading a plan to at last construct the dances instead of birthday parties, ask- tion. Arkansas Valley Conduit, originally ing attendees to donate food and other Over the course of 7 months, the authorized as part of the Fryingpan- items instead of bringing gifts. Dream Team competed against 350 Arkansas Project. The conduit was High school Distinguished Finalist middle and high school teams from deemed necessary five decades ago, and Alexandra Browne spent 2 years coordi- across America in challenges address- the need for clean and safe water sup- nating events and fundraisers, recruit- ing local environmental issues. The plies for the people of the valley has ing volunteers and overseeing other lo- Dream Team was one of 55 teams in- only increased as water quality is gistics as chair of her school’s Relay vited to compete in the final global threatened and federally acceptable for Life fundraising event. The event, challenge where students were asked to standards have increased. But the which raised more than $60,000, donates develop a program that could poten- Lower Arkansas Valley, which this to cancer research, education, and pa- tially change the world. For their final project will serve, needs assistance in tient support. global challenge, the Dream Team took providing that safe water supply and in Middle school Distinguished Finalist advantage of Hawaii’s ethnic diversity meeting those standards. to educate people around the world This Arkansas Valley Conduit is a Taylor Folt spent a month of her sum- about the benefits of clean renewable top priority to me as I near the end of mer vacation teaching English and energy by creating a video message in my tenure in the Senate. As one of the American History to students in India, 11 different languages ranging from final components of the Fryingpan-Ar- as well as helping them with mainte- French to Samoan to Tagalog and Ara- kansas Project and as a major goal of nance tasks around their campus. bic. the now 50-year-old Southeastern Colo- Congratulations to this year’s hon- The members of Farrington High rado Water Conservancy District, I orees, Anna, Matthew, Alexandra, and School’s Dream Team include Gene- congratulate the district on their hard Taylor, who personify the spirit of giv- vieve Cagoan, Robin John Delim, work to make this project feature a re- ing back. These outstanding young vol- Carmina Figuracion, Robin Monzano, ality, and thank them for all they have unteers are an inspiration to me and, I Minh Trang Nguyen, Herald Nones, accomplished in their half century of hope, to many others throughout Dela- Maria Sheville Lee, and Princes Rosit. commitment to the Arkansas Valley.∑ ware.∑

VerDate Aug 31 2005 04:21 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G29AP6.039 S29APPT1 CCOLEMAN on PRODPC75 with SENATE April 29, 2008 CONGRESSIONAL RECORD — SENATE S3501 CONGRATULATING DAVENPORT WHAC Player of the Year and a First worked tirelessly for the past 3 years UNIVERSITY Team All-American, led the team to to bring all the partners to the table. ∑ Mr. LEVIN. Mr. President, I con- victory. Sara Haverdink and Kristin The project required patience, persist- gratulate Davenport on the recent suc- Bergsma were both named to the NAIA ence, and cooperation from government cesses of their Athletic Department Academic All-American team. The bas- officials, community leaders, and char- and student athletes. The men’s hock- ketball team finished this outstanding ity organizations. On Web posts, Leigh ey team won their first American Col- season with a record of 28–6 overall and Anne reflected on the project and of- legiate Hockey Association, ACHA, Di- 13–1 in their conference. fered words of advice to those pursuing vision II National Championship with a Teamwork, determination and a com- similar ventures: ‘‘The number one les- 5–2 victory over Indiana University. mitment to excellence by each member son learned: Get partners—rugged, go- The women’s basketball team won the of this basketball team led to their to, and knowledgeable partners—then Wolverine Hoosier Athletic Conference success. The members include Lyndsey leverage the partnerships to meet Championship, WHAC, and made it to Shepherd, Megan Peters, Sara needs. None of us can go it alone.’’ the Sweet 16 of the National Associa- Haverdink, Andrea Kimm, Brittany On behalf of Florida and the people of tion of Intercollegiate Athletics, NAIA, Lyman, Kristin Bergsma, Kristi the United States, I would like to Division II National Tournament. Boehm, Lynne Blomberg, Kayla Chap- honor Leigh Anne Gilbert for the tre- These are both extraordinary feats con- man, Jeanette Woodberry, Emily mendous example she has set and the sidering the Athletic Department at Rosenzweig, Kallie Benike, Sylvia good work she has accomplished.∑ Davenport University was formed only Welch, Shannon Slattery, Stephani f Roles, along with head coach Mark 6 years ago. Both programs were hon- SOUTHEASTERN COLORADO Youngs, and assistant coaches Kelly ored in a celebration at Davenport Uni- WATER CONSERVANCY DISTRICT versity on March 26, 2008. These accom- Wandel, Shannon Callaghan, and Alicia plishments bring great joy and satis- Barczak. ∑ Mr. SALAZAR. Mr. President, today faction to all those associated with I am proud to recognize the out- I wish to recognize the 50th anniver- Davenport University and across the standing achievements of the Dav- sary of the establishment of the South- State of Michigan. enport University Athletic Depart- eastern Colorado Water Conservancy The hockey team’s National Cham- ment. Their student athletes compete District. pionship came after a third consecutive admirably in athletics and in the class- In the post-World War II era, commu- appearance in the ACHA Division II room, and maintain an average GPA of nities large and small in the United Final Four. The championship game 3.22. I extend my best wishes to the States envisioned a period of growth ended an exciting week in Fort Myers, players, coaches, families, and the Uni- and prosperity. Enthusiasm in the Ar- FL. Outscoring their five opponents by versity community that supported kansas Valley of Colorado was also a combined total of 40–7, the Panthers them throughout this triumphant sea- high, but one limitation loomed large: dominated with their strong offensive son. the water needed to build and sustain attack. Under the leadership of head I know my colleagues in the Senate that growth was simply not available. coach Paul Lowden, the team finished join me in congratulating Coach The regional water users’ group de- the season with a 35–11–4 record and Lowden, Coach Youngs, and the Dav- cided to pursue a bold vision: the won their third straight Great Midwest enport University Panthers.∑ Fryingpan-Arkansas Project, a com- Hockey League, GMHL, regular season f plex diversion, storage, and delivery and tournament titles. system, would move water from the Each player of the Davenport Univer- HONORING LEIGH ANNE GILBERT western slope of the Rockies to the sity team made significant contribu- ∑ Mr. MARTINEZ. Mr. President, I growing population on the eastern tions to the winning season, including wish to recognize the efforts of a Flo- slope. The project itself is as complex Alex Mikla, Wes Baughman, Pat Col- ridian who has worked to make a dif- as the politics of water in the West. It lar, Justin Poorman, Bill McSween, ference in an underserved part of our features both western slope and eastern Jon Stolarz, Jeremy Bultema, Justin world. Leigh Anne Gilbert, who re- slope facilities, some of them at ele- Welker, Eric Troup, Will Collar, Rick cently returned to her hometown of Or- vations above 14,000 feet, and multiple Gadwa, Dayne Gluting, Chad Anguilm, lando, has spent the past 3 years estab- dams, reservoirs, tunnels, and con- Bobby Collar, Jeff Kraemer, Adam lishing the Rainbow Primary Neighbor- duits. Tomacari, Kevin Doyle, Adam Thomas, hood School in Masthan Nagar, Fifty years ago today, on April 29, Kevin Moodie, Chris Joswiak, Scott Hyderabad, India. 1958, a Pueblo, CO, district court estab- Knight, Chad Rutzel, Eddie Wheeler, After her husband’s job relocated the lished under the provisions of Colorado Jared Mailloux, Chris Green, Brit couple to an undeveloped part of India, law the Southeastern Colorado Water Ouelette, Brett Hagen, Luke Leigh Anne recognized the need to Conservancy District. This administra- Bonnewell, Kenny Jacobs, Jason serve her new community and began tive organization embodied the goals of Kraemer, Jonah Rogowski, Ben work on a school to serve the area’s the regional water users’ group, which Duthler, head coach Paul Lowden, and children. Through the support of chari- had proven adept at promoting the assistant coaches Phil Sweeney, Jamie table organizations, Leigh Anne raised Fryingpan-Arkansas Project through Bradford, and Joe Messina. the funds necessary to charter and con- the memorable and highly visible sale After only six seasons at Davenport struct the Rainbow Primary Neighbor- of small golden frying pans. University, head coach Paul Lowden hood School, which now serves more The original supporters of the was named the 2008 ACHA Men’s Divi- than 300 impoverished children living Fryingpan-Arkansas, many of whom sion II Coach-of-the-Year. He was hon- in the small Indian village. eventually served as board members of ored with this award at the American Leigh Anne was responsible for bring- the district, were committed to seeing Hockey Coaches Association Coach-of- ing together all those involved in its promise made true. Their stalwart the-Year Celebration this past week- building and operating the school—the efforts led to the authorization of the end. Coach Lowden was also selected designers, construction workers, local Fryingpan-Arkansas in 1962, and the by the ACHA as the inaugural head government, teachers, and staff. She Southeastern District has been man- coach for the Men’s Division II Select even recruited the services of the aging the project continuously since Team. The select team traveled to Eu- Naandi Foundation—a worldwide chari- that time. They fought year after year rope this winter and finished with a table organization fighting poverty and to see this multipurpose project appro- perfect 5–0-0 record. malnourishment—which delivers meals priated and constructed. Their success The Lady Panthers basketball team, to the school and provides the students brought the additional water that the under the leadership of head coach health care. Work on the school began valley and its people had hoped for, and Mark Youngs, earned their second con- in early 2007 and it was completed in many of them lived to see it provide secutive Wolverine Hoosier Athletic March of this year. benefits to the Arkansas Valley. Presi- Conference title. Senior Jeanette The effort tested Leigh Anne’s phys- dent John F. Kennedy’s visit to Pueblo Woodberry, who was named both the ical and mental fortitude as she in 1962 to commemorate the start of

VerDate Aug 31 2005 02:59 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G29AP6.035 S29APPT1 CCOLEMAN on PRODPC75 with SENATE S3502 CONGRESSIONAL RECORD — SENATE April 29, 2008 construction of Pueblo Dam, the larg- There is no question that Mike can Harold L. Stevens; Joe P. Stevens; George est component of the Fry-Ark Project, teach and that he can raise test scores, Stout; Clarence Tauzin, Sr.; George J. remains one of the most memorable but his focus is not directed at the sta- Tellifero; Edward A. Thistewaite; Dallas E. events in the history of southern Colo- tistical indications of success as a Thomason; Mitchelle Trahan; Idolphus C. Turnley, Jr.; Harris J. Veillon; Charles C. rado. teacher. In his application for the Na- Verzwyvelt; Dudley Vice; Stanley R. Wall; Those of us in the West know that tional Teacher award, Mike wrote the Edward R. williams; Charles C. Willoughby; the development and responsible man- following about America’s youth: Richard G. Wilson. agement of water is critical to people, ‘‘These young people are our equals. While visiting Washington, DC, these to agriculture, to business and to the They are not simply numbers, con- veterans will tour Arlington National future. The Southeastern District has glomerations of hormones, or future Cemetery, the Iwo Jima Memorial, the worked day in and day out for over five products. All the latest programs, fads, Vietnam Memorial, the Korean Memo- decades to ensure that the project’s and statistics are meaningless to a rial, and the World War II Memorial. purpose is fulfilled. They work tire- child who isn’t cared for on a deeper This program provides many veterans lessly in partnership with the people of level. Whether you are a teacher or with their only opportunity to see the the Arkansas Valley, with their Fed- parent, businessperson or retired, great memorials dedicated to their eral partner, the Bureau of Reclama- young or old: reach deep down into service. tion, and adroitly navigate the rules each child with humor, love, and com- Thus, today, I ask my colleagues to and regulations of Colorado water law passion and they will learn from you. join me in honoring these great Ameri- to serve the people who depend on this They will learn much more than just cans and thanking them for their devo- water. how to read and write; they will learn tion and service to our Nation. ∑ I commend the Southeastern Colo- they are wonderfully human.’’ rado Water Conservancy District for its Mike Geisen, or Mr. G, I thank you f diligence, and I commend the many for your unique contributions. You are MESSAGES FROM THE PRESIDENT distinguished people of the Arkansas truly an inspiration to us all. As Henry Messages from the President of the Valley who have guided the district Brooks Adams once remarked, ‘‘A United States were communicated to during its first 50 years as members of teacher affects eternity; he can never the Senate by Mrs. Neiman, one of his its board of directors. They established tell where his influence stops.’’ Mr. G, secretaries. a tradition of vision, leadership, and your influence will no doubt continue distinction that will serve the people of for generations.∑ f southeastern Colorado well into their f EXECUTIVE MESSAGES REFERRED next 50 years.∑ HONORING LOUISIANA HONORAIR As in executive session the Presiding f ∑ Mr. VITTER. Mr. President, today I Officer laid before the Senate messages RECOGNIZING MIKE GEISEN acknowledge and honor a very special from the President of the United ∑ Mr. SMITH. Mr. President, I wish to group, the Louisiana HonorAir. Lou- States submitting sundry nominations congratulate Mike Geisen for winning isiana HonorAir is a not-for-profit which were referred to the appropriate the National Teacher of the Year group that flies as many as 200 World committees. Award. The National Teacher of the War II veterans a year up to Wash- (The nominations received today are Year Program was founded in 1952 by ington, DC, free of charge. On May 3, printed at the end of the Senate pro- the Council of Chief State School Offi- 2008, a group of 95 veterans will reach ceedings.) cers. By rewarding teachers who have Washington as part of this very special f affected their students and commu- program. nities positively, the program focuses I want to take a moment to thank all MESSAGES FROM THE HOUSE public attention on some of the phi- the brave veterans visiting our Capital losophies, methods, and wisdom behind City this trip: successful teaching. It has been de- Eldon L. Adams; Pat W. Aertker; Kent L. ENROLLED BILLS SIGNED lightful to learn of Mike’s contribu- Babb; Luca Barbato; Brant Barnett; Lennie At 2:16 p.m., a message from the tions, and I am thrilled that he will be J. Benoit; Nesby J. Bergeron; Warren J. House of Representatives, delivered by traveling around the world to share his Bourgeois; Edward Breaux; Norman A. Ms. Niland, one of its reading clerks, insights as Teacher of the Year. Briggs; Lloyd O. Bruchhaus; Edward G. announced that the Speaker has signed Mike Geisen teaches seventh grade Burleigh; Ralph D. Caillier; Norman W. Cam- eron; Robert T. Casanova; Viel P. Caswell; the following enrolled bills: science at Crook County Middle School Reece J. Chenevert; Albert L. Clifton; Wil- H.R. 3196. An act to designate the facility in Prineville, OR, but his colleagues liam L. Clifton; Vincent C. Cuccio. of the United States Postal Service located and students would call that an under- Thomas C. Darbonne; Charles W. Derbes, at 20 Sussex Street in Port Jervis, New York, statement. Crook County Middle Sr.; Charles R. Doucet; Lloyd J. Doucet; Wal- as the ‘‘E. Arthur Gray Post Office Build- School principal Rocky Miner observed ter H. Duhon; Andrew V. Fontenot; Joseph F. ing’’. that before Mike assumed chairman- Fontenot; James R. Gibson; Ernest J. H.R. 3468. An act to designate the facility of the United States Postal Service located ship of the school’s science depart- Glavaz; Raphael I. Guidry; Clyde L. Hahn, Sr.; Marion T. Harmon; Didier J. Hebert, Jr.; at 1704 Weeksville Road in Elizabeth City, ment, students’ science test scores had Osburn Hebert; Herbert J. Hernandez; Rich- North Carolina, as the ‘‘Dr. Clifford Bell stagnated, with about 55 percent of stu- ard M. Hollier; Hubert J. Hulin; Isaac Huval, Jones, Sr. Post Office’’. dents meeting or exceeding State Sr.; Edward B. Jennings; Norvell C. H.R. 3532. An act to designate the facility standards. Less than 2 years after Mike Johniken. of the United States Postal Service located took the job, 72 percent of Crook Coun- Raymond Kidder, Jr.; Ruth M. Kilgore; at 5815 McLeod Street in Lula, Georgia, as ty students were meeting or exceeding Percy J. Lalonde; John G. Lambousy; Isaac the ‘‘Private Johnathan Millican Lula Post State standards. W. Lantz; Antoine C. LeBlance; Emile J. Office’’. It is clear that other educators have LeBlanc; Viealy J. Leger; Joseph H. H.R. 3720. An act to designate the facility LeGrand; Daniel J. Lejeune; Lionel Lejeune; of the United States Postal Service located noticed Mike’s successes and are start- James R. LeMaire; Bernard Libersat, Jr.; at 424 Clay Avenue in Waco, Texas, as the ing to seek his advice. In October of James C. Martien, Jr.; Robert McDaniel; ‘‘Army PFC Juan Alonso Covarrubias Post last year, Oregon State superintendent Humer L. Miller; Eugene O. Munson; Francis Office Building’’. Susan Castillo presented him with the Myers; James R. Odom. H.R. 3803. An act to designate the facility Oregon Teacher of the Year Award. A Theodore R. Poynter; Joseph R. Prejean; of the United States Postal Service located month later, Mike spoke at the Oregon Jack M. Proffitt; David R. Pulver; Johnny at 3100 Cashwell Drive in Goldsboro, North School Boards Association Conference M. Rabalais; Aldon J. Richard; Erman L. Carolina, as the ‘‘John Henry Wooten, Sr. in Portland about the need for schools Richard; Winson Richard; Roy J. Roberie; Post Office Building’’. Arthur L. Rozas; Eddie E. Salassi; Joseph H.R. 3936. An act to designate the facility to shift their attention to skills—such San Filippo; LeeRoy J. Savoie; Lawrence of the United States Postal Service located as collaboration, innovation, and Schambaugh; Clanice J. Schexnyder; Gordon at 116 Helen Highway in Cleveland, Georgia, adaptability that are more relevant in L. Sibille; Ellis Soileau; Louis Soileau; Wal- as the ‘‘Sgt. Jason Harkins Post Office a globalized economy. lace R. Stelly; Nolan J. Stephens. Building’’.

VerDate Aug 31 2005 04:21 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G29AP6.002 S29APPT1 CCOLEMAN on PRODPC75 with SENATE April 29, 2008 CONGRESSIONAL RECORD — SENATE S3503 H.R. 3988. An act to designate the facility MEASURES REFERRED mitting, pursuant to law, the report of a vio- of the United States Postal Service located lation of the Antideficiency Act that has at 3701 Altamesa Boulevard in Fort Worth, The following bills were read the first been identified as case number 05–01; to the Texas, as the ‘‘Master Sergeant Kenneth N. and the second times by unanimous Committee on Appropriations. Mack Post Office Building’’. consent, and referred as indicated: EC–6007. A communication from the Sec- H.R. 4166. An act to designate the facility H.R. 4169. An act to authorize the place- retary of the Treasury, transmitting, pursu- of the United States Postal Service located ment in Arlington National Cemetery of an ant to law, a six-month periodic report on at 701 East Copeland Drive in Lebanon, Mis- American Braille tactile flag in Arlington the national emergency that was declared in souri, as the ‘‘Steve W. Allee Carrier National Cemetery honoring blind members Executive Order 13413 of October 27, 2006, rel- Annex’’. of the Armed Forces, veterans, and other ative to the Democratic Republic of the H.R. 4203. An act to designate the facility Americans; to the Committee on Veterans’ Congo; to the Committee on Banking, Hous- of the United States Postal Service located Affairs. ing, and Urban Affairs. at 3035 Stone Mountain Street in Lithonia, H.R. 5492. An act to authorize the Board of EC–6008. A communication from the Spe- Georgia, as the ‘‘Specialist Jamaal RaShard Regents of the Smithsonian Institution to cial Counsel, Office of the Comptroller of the Addison Post Office Building’’. construct a greenhouse facility at its mu- Currency, Department of the Treasury, H.R. 4211. An act to designate the facility seum support facility in Suitland, Maryland, transmitting, pursuant to law, the report of of the United States Postal Service located and for other purposes; to the Committee on a rule entitled ‘‘Regulatory Review Amend- at 725 Roanoke Avenue in Roanoke Rapids, Rules and Administration. ments’’ (RIN1557–AC79) received on April 24, North Carolina, as the ‘‘Judge Richard B. H.R. 5493. An act to provide that the usual 2008; to the Committee on Banking, Housing, Allsbrook Post Office’’. day for paying salaries in or under the House and Urban Affairs. H.R. 4240. An act to designate the facility of Representatives may be established by EC–6009. A communication from the Pro- of the United States Postal Service located regulations of the Committee on House Ad- gram Manager, Centers for Medicare and at 10799 West Alameda Avenue in Lakewood, ministration; to the Committee on Rules and Medicaid Services, Department of Health Colorado, as the ‘‘Felix Sparks Post Office Administration. and Human Services, transmitting, pursuant Building’’. The following concurrent resolution to law, the report of a rule entitled ‘‘Grants H.R. 4454. An act to designate the facility to States for Operation of Qualified High of the United States Postal Service located was read, and referred as indicated: Risk Pools’’ (RIN0938–AO46) received on at 3050 Hunsinger Lane in Louisville, Ken- H. Con. Res. 209. Concurrent resolution ex- April 24, 2008; to the Committee on Finance. tucky, as the ‘‘Iraq and Afghanistan Fallen pressing the sense of Congress that the Mu- EC–6010. A communication from the Assist- Military Heroes of Louisville Memorial Post seum of the American Quilter’s Society, lo- ant Secretary, Office of Legislative Affairs, Office Building’’, in honor of the servicemen cated in Paducah, Kentucky, should be des- Department of State, transmitting, pursuant and women from Louisville, Kentucky, who ignated as the ‘‘National Quilt Museum of to law, weekly reports relative to post-lib- died in service during Operation Enduring the United States’’; to the Committee on En- eration Iraq for the period of February 15, Freedom and Operation Iraqi Freedom. ergy and Natural Resources. 2008, through April 15, 2008; to the Committee H.R. 5135. An act to designate the facility f on Foreign Relations. of the United States Postal Service located EC–6011. A communication from the Assist- at 201 West Greenway Street in Derby, Kan- MEASURES DISCHARGED ant Administrator, Bureau for Legislative sas, as the ‘‘Sergeant Jamie O. Maugans Post The following measure was dis- and Public Affairs, U.S. Agency for Inter- Office Building’’. national Development, transmitting, pursu- H.R. 5220. An act to designate the facility charged from the Committee on ant to law, the report of action on a nomina- of the United States Postal Service located Health, Education, Labor, and Pen- tion for the position of Assistant Adminis- at 3800 SW. 185th Avenue in Beaverton, Or- sions by unanimous consent, and re- trator, received on April 24, 2008; to the Com- egon, as the ‘‘Major Arthur Chin Post Office ferred as indicated: mittee on Foreign Relations. Building’’. S. 2902. A bill to ensure the independent EC–6012. A communication from the Gen- H.R. 5400. An act to designate the facility operation of the Office of Advocacy of the eral Counsel, Federal Retirement Thrift In- of the United States Postal Service located Small Business Administration, ensure com- vestment Board, transmitting, pursuant to at 160 East Washington Street in Chagrin plete analysis of potential impacts on small law, the report of a rule entitled ‘‘Partici- Falls, Ohio, as the ‘‘Sgt. Michael M. entities of rules, and for other purposes; to pant’s Choices of TSP Funds’’ (5 CFR Part Kashkoush Post Office Building’’. the Committee on Small Business and Entre- 1601) received on April 24, 2008; to the Com- H.R. 5472. An act to designate the facility preneurship. mittee on Homeland Security and Govern- of the United States Postal Service located mental Affairs. at 2650 Dr. Martin Luther King Jr. Street, In- f EC–6013. A communication from the Direc- dianapolis, Indiana, as the ‘‘Julia M. Carson MEASURES PLACED ON THE tor, Administrative Office of the U.S. Courts, Post Office Building’’. CALENDAR transmitting, pursuant to law, a report rel- H.R. 5489. An act to designate the facility ative to the applications for the interception of the United States Postal Service located The following bill was read the sec- of wire and other communications during fis- at 6892 Main Street in Gloucester, Virginia, ond time, and placed on the calendar: cal year 2007; to the Committee on the Judi- as the ‘‘Congresswoman Jo Ann S. Davis H.R. 5715. An act to ensure continued avail- ciary. Post Office.’’ ability of access to the Federal student loan f program for students and families. At 5:12 p.m., a message from the PETITIONS AND MEMORIALS The following bill was read the first House of Representatives, delivered by and second times by unanimous con- The following petitions and memo- Mrs. Cole, one of its reading clerks, an- sent, and placed on the calendar: rials were laid before the Senate and nounced that in accordance with the H.R. 1922. To designate the Jupiter Inlet were referred or ordered to lie on the request of the Senate, the bill (H.R. table as indicated: 493) to prohibit discrimination on the Lighthouse and the surrounding Federal land in the State of Florida as an Outstanding POM–322. A resolution adopted by the basis of genetic information with re- Natural Area and as a unit of the National Board of County Commissioners of Miami- spect to health insurance and employ- Landscape Conservation System, and for Dade County of the State of Florida urging ment, and all accompanying papers are other purposes. the Florida Legislature to ensure that insur- hereby returned to the Senate. f ance companies comply with HB 1–A and pass savings on to policyholders; to the Com- f EXECUTIVE AND OTHER mittee on Banking, Housing, and Urban Af- COMMUNICATIONS fairs. POM–323. A resolution adopted by the ENROLLED BILL SIGNED The following communications were Board of County Commissioners of Miami- laid before the Senate, together with At 7:30 p.m., a message from the Dade County of the State of Florida urging accompanying papers, reports, and doc- House of Representatives, delivered by the Florida Legislature to pass legislation uments, and were referred as indicated: allowing counties additional flexibility re- Mrs. Cole, one of its reading clerks, an- EC–6005. A communication from the Under lated to deferral of property taxes, to the nounced that the Speaker has signed Secretary of Defense (Comptroller), trans- Committee on Homeland Security and Gov- the following enrolled bill: mitting, pursuant to law, the report of a vio- ernmental Affairs. H.R. 4286. An act to award a congressional lation of the Antideficiency Act that has POM–324. A resolution adopted by the gold medal to Daw Aung San Suu Kyi in rec- been identified as Navy case number 07–05; to Board of County Commissioners of Miami- ognition of her courageous and unwavering the Committee on Appropriations. Dade County of the State of Florida urging commitment to peace, nonviolence, human EC–6006. A communication from the Under the Florida Legislature to place a constitu- rights, and democracy in Burma. Secretary of Defense (Comptroller), trans- tional amendment on the statewide ballot

VerDate Aug 31 2005 04:21 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A29AP6.024 S29APPT1 CCOLEMAN on PRODPC75 with SENATE S3504 CONGRESSIONAL RECORD — SENATE April 29, 2008 intended to strengthen the prohibition on gressional delegation and to the presiding of- Whereas, initiatives are being con- unfunded mandates; to the Committee on ficers of each house of the legislative bodies templated by certain members of the United Homeland Security and Governmental Af- of the several states of the Union. States Congress that have the potential to fairs. destroy the state system of insurance regula- POM–325. A resolution adopted by the POM–330. A concurrent resolution adopted tion and create an unwieldy and inaccessible Board of County Commissioners of Miami- by the Senate of the State of Louisiana urg- federal bureaucracy—all without consumer Dade County of the State of Florida urging ing Congress to provide refundable credits and constituent demand; and the Florida Legislature to pass legislation received by Louisiana homeowners to offset Whereas, such initiatives include S. 40/H.R. increasing statutory fees for service of proc- Louisiana Citizens Property Insurance As- 3200—the National Insurance Act of 2007— ess; to the Committee on the Judiciary. sessments; to the Committee on Banking, proposed optional federal charter legislation POM–326. A resolution adopted by the Housing, and Urban Affairs. that would bifurcate insurance regulation Commission of the City of Miami of the SENATE CONCURRENT RESOLUTION NO. 11 and result in a quagmire of federal and state State of Florida urging Congress to support Whereas, the Legislature of Louisiana in directives that would promote ambiguity the re-enactment of the Federal Assault Act No. 4 of the Second Extraordinary Ses- and confusion; and Weapons Ban; to the Committee on the Judi- sion of the Louisiana Legislature provided Whereas, S. 40/H.R. 3200 would allow com- ciary. relief to Louisiana homeowners from the panies to opt out of state insurance regu- POM–327. A resolution adopted by the Co- large assessments levied on their home- latory oversight and evade important state conut Creek City Commission of the State of owner’s insurance premiums by the Lou- consumer protections; and Florida urging Congress to re-enact the Fed- isiana Citizens Property Insurance Corpora- Whereas, the mechanism set up under S. 40/ eral Assault Weapons Ban; to the Committee tion as provided by law; and H.R. 3200 does not, and cannot by its very na- on the Judiciary. Whereas, the levy of such assessments was ture, respond, as state regulation does, to POM–328. A resolution adopted by the made necessary by the unprecedented and states’ individual and unique insurance mar- Board of County Commissioners of Miami- widespread damage and destruction caused kets and constituent concerns; and Dade County of the State of Florida urging to homes by hurricanes Katrina and Rita; Whereas, S. 40/H.R. 3200 has the potential the Florida Legislature to strengthen laws and to compromise state guaranty fund coverage, related to assault weapons; to the Com- Whereas, the assessments on all home- and employers could end up absorbing losses mittee on the Judiciary. owners were necessary for them to provide otherwise covered by these safety nets for POM–329. A concurrent resolution adopted protection and coverage for their neighbors; businesses affected by insolvencies; and by the Legislature of the State of Louisiana and Whereas, S. 40/H.R. 3200 would ultimately urging Congress to take actions necessary to Whereas, the Internal Revenue Service is impose the costs of a new and needless fed- call a constitutional convention to propose threatening to force these already burdened eral bureaucracy upon businesses and the an amendment to include the Posse Com- citizens to report the amounts received as public; and itatus Act as a constitutional prohibition; to credits as income for federal tax purposes, Whereas, many state governments derive the Committee on Armed Services. raising the possibility that they will likely general revenue dollars from the regulation owe significant federal taxes. Therefore, be of the business of insurance, including nearly HOUSE CONCURRENT RESOLUTION NO. 38 it $14 billion in premium taxes generated in Whereas, the United States Constitution Resolved, That the Legislature of Louisiana 2006; in fiscal year 2005–06, insurance taxes provides that, on the application of the legis- memorializes the commissioner of the Inter- generated $987 million in the State of New latures of two-thirds of the several states, nal Revenue Service and the Congress of the York: Now, therefore, be it the congress shall call a convention for the United States to take every action to pro- Resolved, That the Congress of the United purpose of proposing an amendment or vide that the amounts received by Louisiana States be and hereby is respectfully memori- amendments to the United States Constitu- homeowners to offset Louisiana Citizens alized by this Legislative Body to express its tion, which amendment or amendments Property Insurance Assessments on their strong opposition to S. 40/H.R. 3200 and any when so proposed by such a convention must homeowner’s insurance premiums because of other such federal legislation that would be ratified by the legislatures of, or conven- the unprecedented damage and destruction threaten the power of state legislatures, gov- tions in, three-fourths of the states to be- of homes in the recent hurricanes shall not ernors, insurance commissioners, and attor- come valid; and be considered as income for federal tax pur- neys general to oversee, regulate, and inves- Whereas, the Posse Comitatus Act, 18 poses. Be it Further tigate the business of insurance, and to pro- U.S.C. 1385, was originally passed in 1878 to Resolved, That a copy of this Resolution tect consumers; and be it further remove the Army from civilian law enforce- shall be transmitted to the commissioner of Resolved, That copies of this Resolution, ment and to return it to its role of defending the Internal Revenue Service, the secretary suitably engrossed, be transmitted to the the borders of the United States; and of the United States Senate, the clerk of the President of the Senate of the United States, Whereas, the Posse Comitatus Act provides United States House of Representatives, and the Speaker of the House of Representatives, that whoever, except in cases and under cir- to each member of the Louisiana delegation and to each member of the Congress of the cumstances expressly authorized by the con- to the United States Congress. United States from the State of New York. stitution or act of congress, willfully uses any part of the Army or the Air Force as a POM–331. A resolution adopted by the Leg- POM–332. A joint resolution adopted by the posse comitatus or otherwise to execute the islature of the State of New York urging the Legislature of the State of Idaho urging Con- laws shall be fined or imprisoned. Therefore, New York State Congressional delegation to gress to take action to help stop children be it oppose S. 40/H.R. 3200; to the Committee on and employees from accessing Internet por- Resolved, That the Legislature of Louisiana Banking, Housing, and Urban Affairs. nography; to the Committee on Commerce, does hereby memorialize the United States LEGISLATIVE RESOLUTION NO. 4858 Science, and Transportation. Congress to call a convention pursuant to Whereas, regulation, oversight, and con- HOUSE JOINT MEMORIAL NO. 7 Article V of the United States Constitution sumer protection have traditionally and his- Whereas, the Internet has been an ex- for the sole purpose of proposing an amend- torically been powers reserved to state gov- tremely important means of exchanging in- ment to add the Posse Comitatus Act to the ernments under the McCarran-Ferguson Act formation, and is relied upon in Idaho for United States Constitution. Be it further of 1945; and business, education, recreation and other Resolved, That the Congress of the United Whereas, state legislatures are more re- uses; and States is hereby requested to provide as the sponsive to the needs of their constituents Whereas, many Internet sites contain ma- mode of ratification that said amendment and the need for insurance products and reg- terial that is pornographic, either obscene or shall be valid to all intents and purposes and ulation to meet their state’s unique market inappropriate for children, and a majority of become a part of the Constitution of the demands; and these sites originate within the United United States when ratified by the legisla- Whereas, many states, including New States but outside of the state of Idaho; and tures of three-fourths of the several states. York, have recently enacted and amended Whereas, the availability of Internet por- Be it further state insurance laws to modernize market nography on the job costs Idaho employers Resolved, That the Legislature of the Lou- regulation and provide insurers with greater significant numbers of work hours, strains isiana does hereby memorialize the presiding ability to respond to changes in market con- employers’ computer equipment, reduces officers of the legislative bodies of the sev- ditions; and productivity and leads to potentially hostile eral states to apply to the Congress of the Whereas, state legislatures, the National work environments for men and women; and United States to call a convention for the Conference of Insurance Legislators Whereas, while the custody, care and nur- sole purpose of proposing this amendment to (NCOIL), the National Association of Insur- turing of children resides primarily with par- the Constitution of the United States. Be it ance Commissioners (NAIC), and the Na- ents, the widespread availability of Internet further tional Conference of State Legislatures pornography and the ability of children to Resolved, That a copy of this Resolution be (NCSL) continue to address uniformity circumvent existing filtering technology de- transmitted to the presiding officers of the issues between states by the adoption of feat the best attempts at parental super- Senate and the House of Representatives of model laws that address market conduct, vision or control; and the Congress of the United States of America product approval, agent and company licens- Whereas, Internet pornographers are using and to each member of the Louisiana con- ing, and rate deregulation; and evolving techniques to lure Idaho children

VerDate Aug 31 2005 02:59 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A29AP6.028 S29APPT1 CCOLEMAN on PRODPC75 with SENATE April 29, 2008 CONGRESSIONAL RECORD — SENATE S3505 and others into viewing and purchasing por- ists, financial analysts, accountants, office Whereas, certain light rail lines which op- nographic material, defying existing tech- support, and call-center employees are erate on railroad freight tracks, such as the nology designed to block adult content; and among the most vulnerable to outsourcing; River LINE in southern New Jersey, must Whereas, current methods for protecting and comply with the stringent requirements of computers and computer networks from un- Whereas, the preservation of jobs in New the FRA regarding the establishment of wanted Internet content are expensive, block Jersey is of critical importance to the eco- ‘‘quiet zones’’ by implementing supple- more than the intended content and are eas- nomic well-being of the State; and mentary safety measures, such as the instal- ily circumvented; and Whereas, the economic dislocation caused lation of four-quadrant gates and lights at Whereas, because children, employees and by a company outsourcing jobs threatens the all public crossings, and conduct a diagnostic others may seek out pornography, warnings health, safety, and welfare of the people in team review, which may involve the expendi- and other labels meant to help avoid inad- this State; and ture of hundreds of thousands of dollars by vertent hits on pornographic sites may sim- Whereas, Forrester Research, Inc. predicts local communities for the safety equipment ply increase the likelihood that these sites that 3.3 million U.S. jobs will be sent off- and engineering studies required to qualify will be visited; and shore by 2015, accounting for 2 percent of the for a ‘‘quiet zone’’ designation; and Whereas, credit card verification systems entire workforce and $136 billion in wages; Whereas, the cost of these measures must burden credit card companies, are expensive and be undertaken by local communities, rather Whereas, numerous citizens in the State of and time consuming to establish and main- than the State, without any funds specifi- New Jersey are unaware that in many cir- tain and these systems inhibit legal speech, cally provided for this purpose by the federal and other forms of age verification have not cumstances they are not conducting business with a U.S. company but are communicating government; and been practicable; and Whereas, it is in the public interest for the with a third-party contractor in another Whereas, prior congressional attempts to Government of the United States to estab- country via telephone or Internet; and address children’s access to Internet pornog- lish a funding program to defray the costs raphy have been held unconstitutional or Whereas, a public list disclosing companies which outsource or are planning to incurred by local communities to establish otherwise have not passed constitutional ‘‘quiet zones’’ along these light rail lines: scrutiny and have not been based on tech- outsource, would help provide a public awareness to discourage outsourcing prac- Now, therefore, be it nology that allows individual Internet users Resolved, by the Senate of the State of New to select what kind of Internet content en- tices and enable local and state governments to prepare incentives for companies to retain Jersey: ters their homes and workplaces; and 1. This House respectfully requests the Whereas, protecting the physical and psy- essential U.S. jobs, now, therefore, be it Resolved, by the Senate of the State of New Government of the United States to estab- chological well-being of Idaho’s children by lish a funding program to defray the safety shielding them from inappropriate materials Jersey: 1. The Congress of the United States is re- equipment and engineering costs incurred by is a compelling interest of the Legislature of spectfully memorialized to enact legislation local communities to establish ‘‘quiet zones’’ the State of Idaho; and requiring annual publication of a list dis- along light rail lines operating on railroad Whereas, although the state of Idaho has freight tracks. taken rigorous action in an attempt to closing companies planning or currently in the practice of outsourcing U.S. jobs to other 2. Duly authenticated copies of this resolu- shield Idaho’s children from obscenity and tion, signed by the President of the Senate other inappropriate adult content, it cannot countries. 2. Duly authenticated copies of this resolu- and attested by the Secretary thereof, shall effectively curb the programs with Internet tion, signed by the Speaker of the General be transmitted to the Vice-President of the pornography within its borders without the Assembly and attested by the Clerk thereof, United States, the Speaker of the United support of the United States government; shall be transmitted to the presiding officers States House of Representatives, every mem- and ber of Congress elected from this State, the Whereas, the United States remains in con- of the United States Senate and the House of Secretary of Transportation of the United trol of the Internet through the Department Representatives, and to each member of Con- States and the Administrator of the Federal of Commerce and the National Tele- gress elected from the State of New Jersey. Railroad Administration in the United communications and Information Associa- S. RES. 24 States Department of Transportation. tion; and This resolution memorializes Congress to Whereas, the United States has the ability enact legislation requiring annual publica- to create appropriate policies and enforce- tion of a list disclosing companies planning POM–335. A concurrent resolution adopted ment tools to effectively deal with these or currently in the practice of outsourcing by the Senate of the State of Mississippi urg- issues: Now, therefore, be it U.S. jobs to other countries. ing Congress to support passage of the Se- Resolved, by the members of the Second A large number of companies across the cure Rural Schools and Community Self-De- Regular Session of the Fifty-ninth Idaho nation and in New Jersey have replaced termination Act; to the Committee on En- Legislature, the House of Representatives highly skilled and educated workers with ergy and Natural Resources. and the Senate concurring therein, that we lower-paid, foreign laborers. This practice is SENATE CONCURRENT RESOLUTION 556 strongly urge the United States Congress to referred to as ‘‘outsourcing’’ or ‘‘offshoring.’’ Whereas, in December 2000, the Secure take action to help stop children and em- Outsourcing U.S. jobs is growing at an Rural Schools and Community Self-Deter- ployees from accessing Internet pornography alarming rate. Forrester Research, Inc. pre- mination Act, a Federal act, was signed into and that legislation be enacted to facilitate dicts that 3.3 million U.S. jobs will be sent law; and a technology-based solution that allows par- offshore by 2015. The federal government Whereas, the Secure Rural Schools and ents and employers to subscribe to Internet does not maintain a list of companies that Community Self-Determination Act provides access services that exclude adult content. currently, or plan to, outsource jobs to other federal funds to counties and school districts Be it further countries. Enacting legislation requiring with national forest lands located within the Resolved, That the Chief Clerk of the House publication of such a list not only raises pub- county boundaries; and of Representatives be, and she is hereby au- lic awareness, but also allows state and local Whereas, 33 counties have substantial thorized and directed to forward a copy of governments to prepare initiatives targeted tracts of land in public ownership which can this Memorial to the President of the Senate to keep companies from outsourcing critical neither be developed nor taxed to generate and the Speaker of the House of Representa- U.S. jobs. revenue from economic activity or taxation; tives of Congress, and the congressional dele- and gation representing the State of Idaho in the POM–334. A resolution adopted by the Sen- Whereas, these counties have United Congress of the United States. ate of the State of New Jersey urging the es- States National Forests within its bound- tablishment of a funding program for local aries and have received critical funds for POM–333. A resolution adopted by the Sen- communities establishing ‘‘quiet zones’’ roads and schools based on revenues gen- ate of the State of New Jersey urging Con- along certain light rail lines; to the Com- erated from these forests; and gress to enact legislation concerning public mittee on Commerce, Science, and Transpor- Whereas, the payments provided to these disclosure of companies outsourcing jobs; to tation. counties have been a consistent and nec- the Committee on Commerce, Science, and SENATE RESOLUTION NO. 13 essary source of funding for the schools, Transportation. Whereas, the Federal Railroad Administra- teachers and students; and SENATE RESOLUTION NO. 24 tion (FRA) in the United States Department Whereas, in December 2007, the United Whereas, in recent years, a number of com- of Transportation published a final rule on States Congress removed the reauthorization panies have replaced highly-skilled workers April 27, 2005, which was subsequently of the Secure Rural Schools and Community from New Jersey with lower-paid, foreign la- amended on August 17, 2006, concerning the Self-Determination Act from the Energy borers, in a practice known as outsourcing; use of locomotive horns at highway-rail Legislation to which it was attached. This and grade crossings; and legislation was subsequently passed and Whereas, these outsourcing trends coincide Whereas, the final amended rule requires signed into law without reauthorization for with the U.S. job market’s longest slump that locomotive horns be sounded at every the Secure Rural Schools and Community since the 1930s; and public highway-rail grade crossing, with cer- Self-Determination Act; and Whereas, many white-collar occupations, tain exceptions, including those areas des- Whereas, the funding provided through the including technology and computer special- ignated ‘‘quiet zones’’; and Secure Rural Schools and Community Self-

VerDate Aug 31 2005 02:59 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A29AP6.077 S29APPT1 CCOLEMAN on PRODPC75 with SENATE S3506 CONGRESSIONAL RECORD — SENATE April 29, 2008 Determination Act will significantly con- are the cause of climate change, California in 1965, the Congress promised the citizens of tribute to the local economy of these coun- emits 1.4%, and the United States emits al- southeast Louisiana Category 3 Hurricane ties by providing the necessary funds for most 25%; and Protection, for which the local citizenry con- schools and roads, which is vital for sus- Whereas, California has taken the lead na- tributed significant cost-share funding; and tained economic development; and tionally on the issue of climate change and Whereas, the United States Army Corps of Whereas, these counties depend on the passed AB 32 in 2006, which requires the Cali- Engineers before Hurricane Katrina in- funding from the Secure Rural Schools and fornia Air Resources Board to adopt regula- formed Louisiana that it was protected Community Self-Determination Act and un- tions by 2011 to reduce greenhouse gas emis- against a hurricane likely to come no more less the funding is secured through legisla- sions in California to 1990 levels by 2020; frequently than once in two hundred years; tion as deemed appropriate by the Mis- Whereas, while California has adopted the and sissippi congressional delegation, these most innovative and proactive program in Whereas, improvements along the entire counties will lose critical funding that it has the United States for fighting climate Mississippi River system, including its tribu- received for decades; now, therefore, be it change, the federal government has refused taries, and the construction of flood protec- Resolved, by the Senate of the State of Mis- to take similar actions to control green- tion reservoirs in states more than one thou- sissippi, the House of Representatives concur- house gas emissions and has refused to ratify sand miles from the Gulf Coast deprived the ring therein, That we, the members of the the Kyoto Treaty, a worldwide agreement to Mississippi River of enormous amounts of Legislature of the State of Mississippi, re- begin to reduce these harmful emissions; and sediment needed to sustain coastal lands in Whereas, on December 21, 2005, California spectfully request that the United States Louisiana; and displayed its leadership on the issue of cli- Congress pass the Secure Rural Schools and Whereas, southeast Louisiana has played a mate change when the California Air Re- Community Self-Determination Act so that major role in the shipping and oil and gas in- sources Board sent a request to the U.S. En- these Mississippi counties may continue to dustries, benefitting the quality of life and vironmental Protection Agency (U.S. EPA) economy of the nation as a whole; and adequately maintain the roads and schools for a waiver under the Clean Air Act that Whereas, the activities of these industries and sustain economic development in the would allow California to adopt stricter ve- along Louisiana’s coast and the construction state; and be it further hicle greenhouse gas regulations on new ve- Resolved, That the Secretary of the Senate of the Mississippi River Gulf Outlet, in con- hicles than the regulations imposed by the is directed to transmit copies of this resolu- federal government; and junction with the engineering of the entire tion to President George W. Bush, the Sec- Whereas, the Clean Air Act specifically al- Mississippi River system that provided eco- retary of the United States Senate, the Clerk lows California to request a waiver from the nomic benefit and flood protection hundreds of the United States House of Representa- national emission standard for new motor of miles upriver from Louisiana which de- tives, the Governor of the State of Mis- vehicle engines and impose stricter emission prived Louisiana of the natural load of sedi- sissippi, each member of the Mississippi con- standards than the federal government; and ment, has led directly to the disappearance gressional delegation, and that copies be Whereas, Congress granted California the of two thousand one hundred square miles of made available to members of the Capitol ability to impose stricter emission standards Louisiana’s coastal lands; and Press Corps. under the Clean Air Act because it recog- Whereas, these benefits to the rest of the nized the State’s unique problems and pio- nation have substantially reduced natural POM–336. A resolution adopted by the Cali- neering efforts with regard to air emissions; barriers to storm surge and thus enormously fornia State Lands Commission urging the and increased the vulnerability of Louisiana to federal government to adopt policies that ad- Whereas, for the past 30 years the U.S. hurricanes far beyond what it would other- dress climate change; to the Committee on EPA has granted California more than 40 wise be; and Environment and Public Works. such waivers, while previously denying none; Whereas, on August 29, 2005, Hurricane RESOLUTION and Katrina devastated southeast Louisiana by Whereas, California’s 1,100 mile coastline, Whereas, on February 29, 2008, the U.S. overtopping levees and breaching floodwalls, EPA, for the first time in the history of the with its beautiful beaches, wild cliffs, abun- with high winds, torrential rains, and flood- Clean Air Act, denied California’s December dant fish stocks and fragile environment is a ing causing catastrophic damage to public 21, 2005 request to impose stricter emission national treasure and a valuable state re- and private properties in southeast Lou- standard for new motor vehicle engines than source, which is at the heart of a tourist in- isiana, severely impacting the population, those imposed by the federal government; dustry that generates nearly five billion dol- local economy, and tax base of these par- and ishes, and reducing the funding capabilities lars in state and local taxes each year; and is Whereas, the U.S. EPA denied California’s central to the state’s forty-six billion dollar of their respective levee districts; and request for waiver even though it recognized Whereas, true one-hundred-year protection ocean economy; and that ‘‘global climate change is a serious Whereas, the California State Lands Com- for southeast Louisiana must be approached challenge’’ and that ‘‘the conditions related from a regional perspective with a contig- mission has jurisdiction over the state- to global climate change in California are owned tide and submerged lands from the uous system that eliminates all gaps; and substantial;’’ and therefore be it Whereas, in the aftermath of Hurricane shoreline out three nautical miles into the Resolved by the California State Lands Com- Katrina, one-hundred-year protection for Pacific Ocean, as well as the lands under- mission, That it encourages the U.S. EPA to southeast Louisiana was reevaluated by the lying California’s bays, lakes, and rivers; and reconsider and reverse its February 29, 2008 United States Army Corps of Engineers and Whereas, the Commission is charged with decision that denied California its request managing these lands pursuant to the Public for a waiver under the Clean Air Act and pre- approved by Congress; however, the current Trust Doctrine, a common law precept that cluded the State from imposing strict vehi- local cost-share requirement for this protec- requires these lands be protected for public cle greenhouse gas regulations on new vehi- tion is estimated to be a minimum of one use and needs involving commerce by means cles; and billion six hundred million dollars for south- of navigation, fisheries, water related recre- Resolved, That the California State Lands east Louisiana, and without payment of this ation and environmental protection; and Commission strongly supports federal policy substantial sum, this much-needed protec- Whereas, the impacts of climate change making that follows the leadership of Cali- tion will not be constructed or will be sub- will profoundly affect the public trust values fornia in reducing greenhouse gas emissions stantially delayed, jeopardizing the safety of the lands under the Commission’s jurisdic- to combat the causes of climate change; and and property of the people of southeast Lou- tion and the utility of these lands to the be it further isiana; and public and the environment; and Resolved, That the Commission’s Executive Whereas, since much of southeast Lou- Whereas, climate change is expected to Officer transmit copies of this resolution to isiana is still rebuilding and attempting to cause oceans to rise by 18 to 59 centimeters the Administrator of the U.S. EPA, to the bring in new development, intervention is re- by the end of this century according to a 2007 President and Vice President of the United quired on the federal level to address local report by the United Nations Intergovern- States, to the Governor of California, to the cost-share and other local responsibilities in mental Panel on Climate Change (some Majority and Minority Leaders of the United order to construct this much-needed protec- other estimates are higher); and States Senate, to the Speaker and Minority tion; and Whereas, over the course of the 21st cen- Leader of the United States House of Rep- Whereas, the secretary of the United tury, temperatures are projected to increase resentatives, and to each Senator and Rep- States Army Corps of Engineers has the dis- by 3 to 10 degrees Fahrenheit, causing ocean resentative from California in the Congress cretion to allow local cost share to be paid temperature to increase, which could cause of the United States. over a thirty-year period, and this discretion more intense storms to hit California; and has been applied in situations not as exigent Whereas, these climate change effects POM–337. A resolution adopted by the Leg- as Louisiana’s situation. Therefore, be it would dramatically alter the environment of islature of the State of Louisiana urging Resolved, That the Legislature of Louisiana the California ocean and coast, reducing Congress to take the actions necessary to does hereby memorialize the Congress of the beaches and wetlands and damaging impor- provide the state of Louisiana with one-hun- United States and the Louisiana congres- tant infrastructure, including the ports that dred-year flood protection; to the Committee sional delegation to take such actions as are contribute to California’s role in the global on Environment and Public Works. necessary to appropriate one hundred per- economy; and HOUSE CONCURRENT RESOLUTION NO. 39 cent federal share for one-hundred-year flood Whereas, of the world’s annual human gen- Whereas, in the aftermath of the flooding protection for southeast Louisiana. Be it fur- erated emissions of greenhouse gases, which and devastation caused by Hurricane Betsy ther

VerDate Aug 31 2005 04:56 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A29AP6.055 S29APPT1 CCOLEMAN on PRODPC75 with SENATE April 29, 2008 CONGRESSIONAL RECORD — SENATE S3507 Resolved, That in the event one hundred from a regional perspective with a contig- S. 2928. A bill to ban bisphenol A in chil- percent federal cost participation is not au- uous system that eliminates all gaps; and dren’s products; to the Committee on Com- thorized, the Congress is hereby urged and Whereas, in the aftermath of Hurricane merce, Science, and Transportation. requested to take the following actions: Katrina, one-hundred-year flood and hurri- By Mr. KENNEDY: (1) Authorize one-hundred-year flood pro- cane protection for southeast Louisiana was S. 2929. A bill to temporarily extend the tection for southeast Louisiana at no greater reevaluated by the United States Army programs under the Higher Education Act of than historic share percentages. Corps of Engineers and approved by Con- 1965; considered and passed. (2) Authorize local cost-share participation gress; however, the current local cost-share By Mr. CASEY: to be paid over a thirty-year period. requirement for this protection is estimated S. 2930. A bill to amend title 37, United (3) Authorize credit for past contributions. to be a minimum of one billion six hundred States Code, to extend to members with de- (4) Authorize credit for operations and million dollars for just the projects in south- pendents the second basic allowance for maintenance expenses paid by local govern- east Louisiana, and without payment of this housing for members of the National Guard ment prior to completion of projects by the substantial sum this much-needed protection and Reserve and retired members without United States Army Corps of Engineers. will not be constructed or will be substan- dependents who are mobilized in support of a (5) Authorize credit to local levee districts tially delayed, jeopardizing the safety and contingency operation, and for other pur- at fair market value for borrow materials property of the people of southeast Lou- poses; to the Committee on Armed Services. provided to the United States Army Corps of isiana; and By Ms. SNOWE (for herself, Ms. Engineers; and be it further Whereas, since much of southeast Lou- STABENOW, and Mr. JOHNSON): Resolved, That a copy of this Resolution be isiana is still rebuilding and attempting to S. 2931. A bill to amend title XVIII of the transmitted to the presiding officers of the bring in new development, intervention is re- Social Security Act to exempt complex reha- Senate and the House of Representatives of quired on the federal level to address local bilitation products and assistive technology the Congress of the United States of America cost-share and other local responsibilities in products from the Medicare competitive ac- and to each member of the Louisiana con- order to construct this much-needed protec- quisition program; to the Committee on Fi- gressional delegation. tion; and nance. Whereas, the secretary of the Army has the By Mrs. MURRAY (for herself and Mr. POM–338. A concurrent resolution adopted discretion to allow local cost-share to be BURR): by the Legislature of the State of Louisiana paid over a thirty-year period, and this dis- S. 2932. A bill to amend the Public Health urging Congress to appropriate sufficient cretion has been applied in situations not as Service Act to reauthorize the poison center funds to construct one-hundred-year flood exigent as Louisiana’s: Now, therefore, be it national toll-free number, national media protection for southeast Louisiana; to the Resolved, That the Legislature of Louisiana campaign, and grant program to provide as- Committee on Environment and Public does hereby memorialize the Congress of the sistance for poison prevention, sustain the Works. United States and Louisiana’s congressional funding of poison centers, and enhance the HOUSE CONCURRENT RESOLUTION NO. 22 delegation to ensure the appropriation of a public health of people of the United States; Whereas, in the aftermath of the flooding one hundred percent federal share for one- to the Committee on Health, Education, and devastation caused by Hurricane Betsy hundred-year flood protection for southeast Labor, and Pensions. in 1965, the Congress of the United States Louisiana; and be it further By Mr. SMITH (for himself, Mr. promised the citizens of southeast Louisiana Resolved, That in the event one hundred CONRAD, and Mr. KOHL): that they would have Category 3 hurricane percent federal cost participation is not au- S. 2933. A bill to improve the employability protection, for which the local citizenry con- thorized, the Congress of the United States of older Americans; to the Committee on Fi- tributed significant cost-share funding; and is hereby requested and urged to take the nance. Whereas, the United States Army Corps of following actions: By Mr. MENENDEZ: Engineers before Hurricane Katrina in- (1) Authorize one-hundred-year flood pro- S. 2934. A bill to amend title 38, United formed Louisiana that it was protected tection for southeast Louisiana at a historic States Code, to direct the Secretary of Vet- against a hurricane likely to come no more share percentage. erans Affairs to provide a plot allowance for frequently than once in two hundred years; (2) Authorize that local cost-share partici- spouses and children of certain veterans who and pation may be paid over a thirty-year period. are buried in State cemeteries; to the Com- Whereas, levee improvements along the en- (3) Authorize match credit for past expend- mittee on Veterans’ Affairs. tire Mississippi River system, including its itures and construction. By Mr. LAUTENBERG (for himself, tributaries, and the construction of flood (4) Authorize cost-share credit for oper- Mr. MENENDEZ, Mrs. FEINSTEIN, Mr. protection reservoirs in states more than one ations and maintenance expenses paid by LEVIN, Mr. LIEBERMAN, Mr. thousand miles from the Gulf Coast deprived local government prior to completion of WHITEHOUSE, Mr. REED, and Mr. the Mississippi River of enormous amounts projects by the United States Army Corps of SCHUMER): of sediment needed to sustain coastal lands Engineers. S. 2935. A bill to prevent the destruction of in Louisiana; and (5) Authorize cost-share credit to local terrorist and criminal national instant Whereas, southeast Louisiana has played a levee districts at fair market value for bor- criminal background check system records; major role in the shipping and oil and gas in- rowed materials provided to the Corps; and to the Committee on the Judiciary. dustries which provide benefits to enhance be it further By Mrs. DOLE: the quality of life and the stability of the Resolved, That a copy of this Resolution be S. 2936. A bill to amend title XXI of the So- economy of the nation as a whole; and transmitted to the presiding officers of the cial Security Act to reauthorize the State Whereas, the activities of these industries Senate and the House of Representatives of Children’s Health Insurance Program, to along Louisiana’s coast in addition to the the Congress of the United States of America limit income eligibility expansions under construction of the Mississippi River Gulf and to each member of the Louisiana con- that program until the lowest income eligi- Outlet, in conjunction with the engineering gressional delegation. ble individuals are enrolled, and for other purposes; to the Committee on Finance. of the entire Mississippi River, have led di- f rectly to the disappearance of well over two By Mr. TESTER: thousand one hundred square miles of Lou- REPORTS OF COMMITTEES S. 2937. A bill to provide permanent treat- ment authority for participants in Depart- isiana’s coastal lands; and The following reports of committees Whereas, the benefits that have been de- ment of Defense chemical and biological rived by the rest of the nation from Louisi- were submitted: testing conducted by Deseret Test Center ana’s working coast and waterways have, in By Mr. KENNEDY, from the Committee on and an expanded study of the health impact turn, substantially reduced Louisiana’s nat- Health, Education, Labor, and Pensions, of Project Shipboard Hazard and Defense, ural barriers to storm surge and thus enor- with an amendment in the nature of a sub- and for other purposes; to the Committee on mously increased the state’s vulnerability to stitute: Veterans’ Affairs. the impacts from hurricanes far beyond what S. 1760. A bill to amend the Public Health By Mr. GRAHAM (for himself, Mr. it would otherwise have been; and Service Act with respect to the Healthy BURR, Mr. MCCAIN, Mr. CHAMBLISS, Whereas, on August 29, 2005, Hurricane Start Initiative. Mr. LIEBERMAN, Mr. CORNYN, Mr. AL- Katrina devastated southeast Louisiana with f EXANDER, Mrs. HUTCHISON, Mr. MAR- high winds, torrential rains, and flooding TINEZ, Mr. STEVENS, Mr. COCHRAN, which caused the overtopping of levees and INTRODUCTION OF BILLS AND Ms. COLLINS, Mr. BARRASSO, Mr. breaching of floodwalls, causing catastrophic JOINT RESOLUTIONS DOMENICI, Mrs. DOLE, Mr. WICKER, damage to public and private properties The following bills and joint resolu- Mr. ISAKSON, and Mr. INHOFE): throughout southeast Louisiana, severely tions were introduced, read the first S. 2938. A bill to amend titles 10 and 38, impacting the population, the local econ- United States Code, to improve educational omy, and the tax base of these parishes, re- and second times by unanimous con- assistance for members of the Armed Forces ducing the level of revenue collected by their sent, and referred as indicated: and veterans in order to enhance recruit- respective levee districts; and By Mr. SCHUMER (for himself, Mrs. ment and retention for the Armed Forces, Whereas, true one-hundred-year protection FEINSTEIN, Mrs. CLINTON, Mr. DURBIN, and for other purposes; to the Committee on for southeast Louisiana must be approached Mr. KERRY, and Mr. MENENDEZ): Veterans’ Affairs.

VerDate Aug 31 2005 02:59 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A29AP6.059 S29APPT1 CCOLEMAN on PRODPC75 with SENATE S3508 CONGRESSIONAL RECORD — SENATE April 29, 2008 SUBMISSION OF CONCURRENT AND of S. 727, a bill to improve and expand (Mr. SESSIONS) was added as a cospon- SENATE RESOLUTIONS geographic literacy among kinder- sor of S. 1743, a bill to amend the Inter- The following concurrent resolutions garten through grade 12 students in the nal Revenue Code of 1986 to repeal the and Senate resolutions were read, and United States by improving profes- dollar limitation on contributions to referred (or acted upon), as indicated: sional development programs for kin- funeral trusts. dergarten through grade 12 teachers of- S. 1760 By Mr. REID (for himself and Mr. fered through institutions of higher MCCONNELL): At the request of Mr. BROWN, the S. Res. 539. A resolution to authorize testi- education. name of the Senator from Connecticut mony and legal representation in State of S. 911 (Mr. DODD) was added as a cosponsor of Maine v. Douglas Rawlings, Jonathan Kreps, At the request of Mr. REED, the name S. 1760, a bill to amend the Public James Freeman, Henry Braun, Robert of the Senator from Maine (Ms. COL- Health Service Act with respect to the Shetterly, and Dudley Hendrick; considered LINS) was added as a cosponsor of S. Healthy Start Initiative. and agreed to. 911, a bill to amend the Public Health S. 1779 By Ms. MIKULSKI (for herself and Mr. Service Act to advance medical re- At the request of Mr. TESTER, the CARDIN): search and treatments into pediatric S. Res. 540. A resolution recognizing the name of the Senator from South Da- historical significance of the sloop-of-war cancers, ensure patients and families kota (Mr. JOHNSON) was added as a co- USS Constellation as a reminder of the par- have access to the current treatments sponsor of S. 1779, a bill to establish a ticipation of the United States in the trans- and information regarding pediatric program for tribal colleges and univer- atlantic slave trade and of the efforts of the cancers, establish a population-based sities within the Department of Health United States to end the slave trade; to the national childhood cancer database, and Human Services and to amend the Committee on the Judiciary. and promote public awareness of pedi- Native American Programs Act of 1974 By Mr. FEINGOLD (for himself, Mr. atric cancers. COLEMAN, Mr. BROWN, Ms. to authorize the provision of grants S. 994 KLOBUCHAR, and Mr. HAGEL): and cooperative agreements to tribal S. Res. 541. A resolution supporting hu- At the request of Mr. TESTER, the colleges and universities, and for other manitarian assistance, protection of civil- name of the Senator from Tennessee purposes. (Mr. ALEXANDER) was added as a co- ians, accountability for abuses in Somalia, S. 1838 sponsor of S. 994, a bill to amend title and urging concrete progress in line with the At the request of Mr. CORNYN, the Transitional Federal Charter of Somalia to- 38, United States Code, to eliminate name of the Senator from Illinois (Mr. ward the establishment of a viable govern- the deductible and change the method OBAMA) was added as a cosponsor of S. ment of national unity; to the Committee on of determining the mileage reimburse- 1838, a bill to provide for the health Foreign Relations. ment rate under the beneficiary travel care needs of veterans in far South f program administered by the Secretary Texas. of Veteran Affairs, and for other pur- ADDITIONAL COSPONSORS S. 2002 poses. At the request of Mr. HATCH, the S. 22 S. 1075 name of the Senator from Maine (Ms. At the request of Mr. INHOFE, his At the request of Mrs. CLINTON, the SNOWE) was added as a cosponsor of S. name was withdrawn as a cosponsor of name of the Senator from Washington 2002, a bill to amend the Internal Rev- S. 22, a bill to amend title 38, United (Mrs. MURRAY) was added as a cospon- enue Code of 1986 to simplify certain States Code, to establish a program of sor of S. 1075, a bill to amend title XIX educational assistance for members of of the Social Security Act to expand provisions applicable to real estate in- the Armed Forces who serve in the access to contraceptive services for vestment trusts, and for other pur- Armed Forces after September 11, 2001, women and men under the Medicaid poses. and for other purposes. program, help low income women and S. 2059 At the request of Mrs. CLINTON, the S. 45 couples prevent unintended preg- name of the Senator from New York At the request of Mr. ENSIGN, the nancies and reduce abortion, and for (Mr. SCHUMER) was added as a cospon- name of the Senator from Kansas (Mr. other purposes. sor of S. 2059, a bill to amend the Fam- BROWNBACK) was added as a cosponsor S. 1410 ily and Medical Leave Act of 1993 to of S. 45, a bill to amend title XVIII of At the request of Mr. COLEMAN, the clarify the eligibility requirements the Social Security Act to make a name of the Senator from California with respect to airline flight crews. technical correction in the definition (Mrs. BOXER) was added as a cosponsor S. 2144 of outpatient speech-language pathol- of S. 1410, a bill to amend the Internal At the request of Mr. BARRASSO, his ogy services. Revenue Code of 1986 to allow a credit against income tax for the purchase of name was added as a cosponsor of S. S. 211 hearing aids. 2144, a bill to require the Secretary of At the request of Mrs. DOLE, the Energy to conduct a study of feasi- name of the Senator from Kansas (Mr. S. 1445 At the request of Mr. KENNEDY, the bility relating to the construction and BROWNBACK) was added as a cosponsor names of the Senator from Washington operation of pipelines and carbon diox- of S. 211, a bill to facilitate nationwide (Ms. CANTWELL) and the Senator from ide sequestration facilities, and for availability of 2-1-1 telephone service New Jersey (Mr. LAUTENBERG) were other purposes. for information and referral on human added as cosponsors of S. 1445, a bill to S. 2161 services, volunteer services, and for amend the Public Health Service Act At the request of Mr. ISAKSON, the other purposes. to direct the Secretary of Health and names of the Senator from Tennessee S. 579 Human Services to establish, promote, (Mr. CORKER) and the Senator from At the request of Mr. REID, the name and support a comprehensive preven- Kansas (Mr. BROWNBACK) were added as of the Senator from Nebraska (Mr. tion, research, and medical manage- cosponsors of S. 2161, a bill to ensure NELSON) was added as a cosponsor of S. ment referral program for hepatitis C and foster continued patient safety and 579, a bill to amend the Public Health virus infection. quality of care by making the antitrust Service Act to authorize the Director S. 1515 laws apply to negotiations between of the National Institute of Environ- At the request of Mr. BIDEN, the groups of independent pharmacies and mental Health Sciences to make grants name of the Senator from Rhode Island health plans and health insurance for the development and operation of (Mr. WHITEHOUSE) was added as a co- issuers (including health plans under research centers regarding environ- sponsor of S. 1515, a bill to establish a parts C and D of the Medicare Pro- mental factors that may be related to domestic violence volunteer attorney gram) in the same manner as such laws the etiology of breast cancer. network to represent domestic violence apply to protected activities under the S. 727 victims. National Labor Relations Act. At the request of Mr. COCHRAN, the S. 1743 S. 2173 name of the Senator from Maryland At the request of Mr. HATCH, the At the request of Mr. HARKIN, the (Mr. CARDIN) was added as a cosponsor name of the Senator from Alabama name of the Senator from Maine (Ms.

VerDate Aug 31 2005 02:59 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A29AP6.037 S29APPT1 CCOLEMAN on PRODPC75 with SENATE April 29, 2008 CONGRESSIONAL RECORD — SENATE S3509 COLLINS) was added as a cosponsor of S. BURR), the Senator from Indiana (Mr. S. 2760 2173, a bill to amend the Elementary LUGAR), the Senator from Ohio (Mr. At the request of Mr. LEAHY, the and Secondary Education Act of 1965 to VOINOVICH), the Senator from Okla- name of the Senator from Montana improve standards for physical edu- homa (Mr. INHOFE) and the Senator (Mr. BAUCUS) was added as a cosponsor cation. from Oklahoma (Mr. COBURN) were of S. 2760, a bill to amend title 10, S. 2209 added as cosponsors of S. 2498, a bill to United States Code, to enhance the na- At the request of Mr. HATCH, the authorize the minting of a coin to com- tional defense through empowerment name of the Senator from Idaho (Mr. memorate the 400th anniversary of the of the National Guard, enhancement of CRAIG) was added as a cosponsor of S. founding of Santa Fe, New Mexico, to the functions of the National Guard 2209, a bill to amend the Internal Rev- occur in 2010. Bureau, and improvement of Federal- enue Code of 1986 to provide incentives S. 2569 State military coordination in domes- to improve America’s research com- At the request of Mrs. BOXER, the tic emergency response, and for other petitiveness, and for other purposes. name of the Senator from New York purposes. S. 2369 (Mr. SCHUMER) was added as a cospon- S. 2766 At the request of Mr. BAUCUS, the sor of S. 2569, a bill to amend the Pub- At the request of Mr. NELSON of Flor- names of the Senator from New Jersey lic Health Service Act to authorize the ida, the name of the Senator from Mis- (Mr. LAUTENBERG) and the Senator Director of the National Cancer Insti- souri (Mr. BOND) was added as a co- from New Jersey (Mr. MENENDEZ) were tute to make grants for the discovery sponsor of S. 2766, a bill to amend the added as cosponsors of S. 2369, a bill to and validation of biomarkers for use in Federal Water Pollution Control Act to amend title 35, United States Code, to risk stratification for, and the early address certain discharges incidental provide that certain tax planning in- detection and screening of, ovarian to the normal operation of a rec- ventions are not patentable, and for cancer. reational vessel. other purposes. S. 2598 S. 2819 At the request of Mr. DORGAN, the S. 2465 At the request of Mr. ROCKEFELLER, name of the Senator from Maine (Ms. At the request of Mr. KENNEDY, the the names of the Senator from South SNOWE) was added as a cosponsor of S. names of the Senator from Oregon (Mr. Dakota (Mr. JOHNSON), the Senator 2598, a bill to increase the supply and SMITH) and the Senator from Rhode Is- from Wisconsin (Mr. KOHL) and the lower the cost of petroleum by tempo- land (Mr. WHITEHOUSE) were added as Senator from Connecticut (Mr. rarily suspending the acquisition of pe- cosponsors of S. 2465, a bill to amend LIEBERMAN) were added as cosponsors troleum for the Strategic Petroleum title XIX of the Social Security Act to of S. 2819, a bill to preserve access to Reserve. include all public clinics for the dis- Medicaid and the State Children’s S. 2630 tribution of pediatric vaccines under Health Insurance Program during an At the request of Mr. KENNEDY, the the Medicaid program. economic downturn, and for other pur- names of the Senator from Maryland S. 2495 poses. (Mr. CARDIN) and the Senator from IDEN S. 2874 At the request of Mr. B , the Louisiana (Ms. LANDRIEU) were added name of the Senator from Idaho (Mr. At the request of Mrs. FEINSTEIN, the as cosponsors of S. 2630, a bill to amend name of the Senator from Maine (Ms. CRAIG) was added as a cosponsor of S. the Public Health Service Act to estab- SNOWE) was added as a cosponsor of S. 2495, a bill to amend title 18, United lish a Federal grant program to provide 2874, a bill to amend titles 5, 10, 37, and States Code, and the Federal Rules of increased health care coverage to and 38, United States Code, to ensure the Criminal Procedure with respect to access for uninsured and underinsured fair treatment of a member of the bail bond forfeitures. workers and families in the commer- Armed Forces who is discharged from S. 2498 cial fishing industry, and for other pur- the Armed Forces, at the request of the At the request of Mr. DOMENICI, the poses. names of the Senator from Kentucky member, pursuant to the Department S. 2686 of Defense policy permitting the early (Mr. MCCONNELL), the Senator from At the request of Mr. HARKIN, the discharge of a member who is the only Alaska (Mr. STEVENS), the Senator names of the Senator from Illinois (Mr. surviving child in a family in which the from Utah (Mr. HATCH), the Senator DURBIN), the Senator from Vermont father or mother, or one or more sib- from Texas (Mrs. HUTCHISON), the Sen- (Mr. SANDERS) and the Senator from lings, served in the Armed Forces and, ator from Idaho (Mr. CRAIG), the Sen- Minnesota (Mr. COLEMAN) were added because of hazards incident to such ator from Alabama (Mr. SESSIONS), the as cosponsors of S. 2686, a bill to ensure service, was killed, died as a result of Senator from Kansas (Mr. ROBERTS), that all users of the transportation wounds, accident, or disease, is in a the Senator from Idaho (Mr. CRAPO), system, including pedestrians, captured or missing in action status, or the Senator from North Carolina (Mrs. bicyclists, and transit users as well as is permanently disabled, and for other DOLE), the Senator from Texas (Mr. children, older individuals, and individ- purposes. CORNYN), the Senator from Maine (Ms. uals with disabilities, are able to travel SNOWE), the Senator from Wyoming safely and conveniently on streets and S. 2883 (Mr. BARRASSO), the Senator from highways. At the request of Mr. ROCKEFELLER, Georgia (Mr. ISAKSON), the Senator S. 2689 the name of the Senator from Indiana from New Hampshire (Mr. GREGG), the At the request of Mr. SMITH, the (Mr. LUGAR) was added as a cosponsor Senator from Florida (Mr. MARTINEZ), name of the Senator from New Mexico of S. 2883, a bill to require the Sec- the Senator from Colorado (Mr. AL- (Mr. DOMENICI) was added as a cospon- retary of the Treasury to mint coins in LARD), the Senator from Tennessee sor of S. 2689, a bill to amend section commemoration of the centennial of (Mr. ALEXANDER), the Senator from Or- 411h of title 37, United States Code, to the establishment of Mother’s Day. egon (Mr. SMITH), the Senator from provide travel and transportation al- S. 2912 Wyoming (Mr. ENZI), the Senator from lowances for family members of mem- At the request of Mr. LAUTENBERG, Missouri (Mr. BOND), the Senator from bers of the uniformed services with se- the names of the Senator from Wis- Mississippi (Mr. COCHRAN), the Senator rious inpatient psychiatric conditions. consin (Mr. FEINGOLD), the Senator from Nevada (Mr. ENSIGN), the Senator S. 2758 from Washington (Mrs. MURRAY) and from Georgia (Mr. CHAMBLISS), the Sen- At the request of Ms. MURKOWSKI, the the Senator from Maryland (Mr. ator from Maine (Ms. COLLINS), the name of the Senator from Louisiana CARDIN) were added as cosponsors of S. Senator from Minnesota (Mr. COLE- (Ms. LANDRIEU) was added as a cospon- 2912, a bill to amend title 18, United MAN), the Senator from Virginia (Mr. sor of S. 2758, a bill to authorize the ex- States Code, to prohibit certain inter- WARNER), the Senator from Alaska ploration, leasing, development, pro- state conduct relating to exotic ani- (Ms. MURKOWSKI), the Senator from duction, and economically feasible and mals. South Dakota (Mr. THUNE), the Sen- prudent transportation of oil and gas S. 2917 ator from Mississippi (Mr. WICKER), the in and from the Coastal Plain in Alas- At the request of Mr. CORNYN, the Senator from North Carolina (Mr. ka. name of the Senator from Arizona (Mr.

VerDate Aug 31 2005 02:59 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A29AP6.031 S29APPT1 CCOLEMAN on PRODPC75 with SENATE S3510 CONGRESSIONAL RECORD — SENATE April 29, 2008 KYL) was added as a cosponsor of S. for Medicare and for beneficiaries in I urge my colleagues to join with 2917, a bill to strengthen sanctions the form of lower copayments for med- Senator STABENOW and myself in sup- against the Government of Syria, to ical equipment. The competitive proc- porting the Medicare Access to Com- enhance multilateral commitment to ess of submitting bids to supply par- plex Rehabilitation and Assistive Tech- address the Government of Syria’s ticular services and products would re- nology Act of 2008 to support Medicare threatening policies, to establish a pro- duce the price Medicare currently re- beneficiaries in receiving the special- gram to support a transition to a imburses for these items. ized medical equipment they so criti- democratically-elected government in Although competitive bidding may cally need. Syria, and for other purposes. reduce the cost of some health services, Ms. STABENOW. Mr. President, I am this system will likely prove unwork- S. 2927 pleased to join my colleague, Senator able in certain circumstances. For ex- At the request of Mr. BARRASSO, the OLYMPIA SNOWE, in introducing the ample, many rural areas across the name of the Senator from North Caro- Medicare Access to Complex Rehabili- country may not have the health care tation and Assistive Technology Act. lina (Mr. BURR) was added as a cospon- infrastructure to support a competitive sor of S. 2927, a bill to increase the sup- This legislation will ensure Medicare acquisition program. Small suppliers beneficiaries who need complex reha- ply and lower the cost of petroleum by who service individuals residing in temporarily suspending the acquisition bilitation and assistive technology will areas of low population density may be continue to receive the highest level of of petroleum for the Strategic Petro- outbid by larger, distant providers, leum Reserve and to amend the Energy service and support necessary to main- leading to limited access to medical tain their independence. I am also Policy and Conservation Act to include equipment for Medicare beneficiaries pleased to be joined by my good friend, additional acquisition requirements for living in these locations. the Reserve. Another unique circumstance for Senator TIM JOHNSON, in this effort. Competitive bidding, while well-in- S. RES. 537 which competitive bidding is inappro- tentioned, does not work well for items At the request of Mr. LEAHY, the priate regards complex rehabilitation that must be customized for individ- names of the Senator from Iowa (Mr. and assistive technology for individ- uals with complex and specialized GRASSLEY), the Senator from New Jer- uals with significant and distinctive needs. Unlike some of the items being sey (Mr. MENENDEZ) and the Senator needs. Under the competitive acquisi- considered by CMS for competitive bid- from Texas (Mr. CORNYN) were added as tion program, thousands of individuals ding, complex rehab technologies are cosponsors of S. Res. 537, a resolution who require customized medical equip- not the sort of products that are easily commemorating and acknowledging ment may be forced to use ill-fitting interchangeable. For example, individ- the dedication and sacrifice made by products that will inevitably increase uals with neuromuscular diseases— the men and women who have lost discomfort, further limit functional such as multiple sclerosis, ALS, cere- their lives while serving as law en- ability, and may even cause loss of bral palsy, or Parkinson’s disease—or forcement officers. function for these individuals who seek independence and mobility in their conditions such as spinal cord injuries f lives. may require specialized services be- STATEMENTS ON INTRODUCED Let me give an example of how the cause of the profound and sometimes BILLS AND JOINT RESOLUTIONS competitive bidding program will ham- progressive nature of these conditions. per the ability of Medicare bene- Patients’ access to assistive tech- By Ms. SNOWE (for herself, Ms. ficiaries to access necessary rehabilita- nology products for their unique needs STABENOW, and Mr. JOHNSON): tive and assistive technology. If a could be in jeopardy. S. 2931. A bill to amend title XVIII of Medicare beneficiary has been diag- I am pleased that our legislation has the Social Security Act to exempt nosed with muscular dystrophy and the support of numerous patient advo- complex rehabilitation products and uses a power wheelchair due to the loss cacy organizations. As co-chair of the assistive technology products from the of muscle tone in the body, a wheel- Senate Parkinson’s Caucus, I have seen Medicare competitive acquisition pro- chair that is tailored to the individual firsthand how assistive technology can gram; to the Committee on Finance. is imperative for several reasons. make a difference in helping a loved Ms. SNOWE. Mr. President, I rise to Power wheelchairs that are not adapt- one achieve independence over a dis- introduce the Medicare Access to Com- ed to the particular needs of the indi- ease or disability. The legislation we plex Rehabilitation and Assistive Tech- vidual lead to more than mere discom- are introducing today will ensure that nology Act of 2008. I am pleased to be fort, but also can further worsening the wonders of medical technology will joined by my colleague from Michigan, health. For instance, individuals with continue to be available to the Medi- Senator STABENOW. Today, we unite to muscular dystrophy may have wheel- care beneficiaries who need them the ensure access to medical equipment for chairs that allow them to change posi- most. severely disabled Medicare bene- tioning in order to breathe more com- ficiaries who seek to lead independent fortably. In addition, these wheelchairs By Mr. SMITH (for himself, Mr. and productive lives. may also be adapted to accommodate CONRAD, and Mr. KOHL): In the 2003 Medicare Modernization other necessary medical equipment, S. 2933. A bill to improve the employ- Act, MMA, Congress directed the Cen- such as breathing ventilators. Yet with ability of older Americans; to the Com- ters for Medicare and Medicaid Serv- Medicare competitive bidding, the mittee on Finance. ices to proceed with a durable medical process will likely yield more uniform Mr. SMITH. Mr. President, on behalf equipment competitive bidding dem- wheelchairs, leaving severely impaired of Senators CONRAD and KOHL, I intro- onstration project. The purpose of this beneficiaries with limited options to duce the Incentives for Older Workers demonstration was to determine meet their needs. Act of 2008. whether competitive bidding can be Our bill will remove complex reha- The United States is about to experi- used to provide quality medical equip- bilitation and assistive technology ence an unprecedented demographic ment at prices below current Medicare products from the Medicare competi- shift with the aging of the baby boomer Part B reimbursement rates. The bid- tive bidding program. In a program in- generation. According to the U.S. Cen- ding will result in a new fee schedule tended to reduce costs through com- sus Bureau, in 1980, individuals age 50 for some selected DME services, replac- petition among suppliers providing and older represented 26 percent of the ing Medicare’s current fee schedule. In medical products, it is simply unten- population. By 2050, this is expected to other words, competitive bidding will able to include such sophisticated and rise to 37 percent. In my home State of change how Medicare covers medical personalized equipment. We all agree Oregon, residents age 65 and older are equipment and also determine which that we must address Medicare spend- expected to comprise 25 percent of the suppliers may participate in providing ing, but restricting access to necessary State population by 2025. This will such equipment to beneficiaries. products for the beneficiaries that make Oregon the fourth oldest State in It is critical to note that the Medi- most require them is not the way to the country. care competitive bidding program was approach this issue—and may in fact The aging of our population will have designed to produce cost savings—both increase costs. a significant impact on many aspects

VerDate Aug 31 2005 02:59 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A29AP6.032 S29APPT1 CCOLEMAN on PRODPC75 with SENATE April 29, 2008 CONGRESSIONAL RECORD — SENATE S3511 of our society, including our labor mar- Sec. 7. Workforce investment activities for SEC. 4. REDUCTION IN SOCIAL SECURITY BEN- ket. A 2007 Conference Board study re- older workers. EFIT OFFSET RESULTING FROM CERTAIN EARNINGS. ports that current retirement trends Sec. 8. Eligibility of older workers for the work opportunity credit. (a) IN GENERAL.—Section 203(f)(3) of the could create a U.S. labor shortage of 4.8 Sec. 9. Normal retirement age. Social Security Act (42 U.S.C. 403(f)(3)) is million workers in 10 years. According SEC. 2. PROHIBITION OF BENEFIT REDUCTION amended by striking ‘‘in the case of any indi- to Dr. Preston Pulliams of Portland DUE TO PHASED RETIREMENT. vidual’’ and all that follows through ‘‘in the Community College, 53 percent of Or- (a) PROHIBITION OF BENEFIT REDUCTION DUE case of any other individual’’. egon businesses report that it is ex- TO PHASED RETIREMENT.— (b) EFFECTIVE DATE.—The amendment tremely or very likely that their orga- (1) AMENDMENT TO THE EMPLOYEE RETIRE- made by this section shall apply to taxable MENT INCOME SECURITY ACT OF 1974.—Section years beginning after the date of the enact- nization will face a shortage of quali- 204(b)(1) of the Employee Retirement Income ment of this Act. fied workers during the next 5 years as Security Act of 1974 (29 U.S.C. 1054(b)(1)) is SEC. 5. NATIONAL RESOURCE CENTER ON AGING a result of the retirement of baby amended by adding at the end the following: AND THE WORKFORCE. boomers. ‘‘(I)(i) Notwithstanding the preceding sub- (a) ESTABLISHMENT.—The Secretary of The Incentives for Older Workers Act paragraphs, in the case of a participant Labor shall award a grant for the establish- will help mitigate the effects of our who—— ment and operation of a National Resource aging workforce by providing incen- ‘‘(I) begins a period of phased retirement, Center on Aging and the Workforce to ad- tives to older Americans to stay in the and dress issues on age and the workforce and to ‘‘(II) was employed on a substantially full- collect, organize, and disseminate informa- workforce longer, encouraging employ- time basis during the 12-month period pre- tion on older workers. ers to recruit and retain older workers, ceding the period of phased retirement, (b) ACTIVITIES.—The Center established and eliminating barriers to working a defined benefit plan shall be treated as under subsection (a) shall— longer. For example, the current Work meeting the requirements of this paragraph (1) serve as a national information clear- Opportunity Tax Credit allows employ- with respect to the participant only if the inghouse on workforce issues, challenges, ers credits against wages for hiring in- participant’s compensation or average com- and solutions planning for older workers dividuals from one or more of nine tar- pensation taken into account under the plan that would serve employers, local commu- with respect to the years of service before nities, and State and local government orga- geted groups, such as recipients of pub- nizations, as well as other public and private lic assistance and high risk youth. Our the period of phased retirement is not, for purposes of determining the accrued benefit agencies, including providing for the cata- bill would extend that credit for em- for such years of service, reduced due to such loging, organization, and summarizing of ex- ployers that hire older workers. phased retirement isting research, resources, and scholarship In addition, Social Security benefits ‘‘(ii) For purposes of this subparagraph, a relating to older workforce issues; are increased if retirement is delayed period of phased retirement is a period dur- (2) identify best or most-promising prac- beyond full retirement age. Increases ing which an employee is employed on sub- tices across the United States that have en- based on delaying retirement no longer stantially less than a full-time basis or with joyed success in productively engaging older apply when people reach age 70, even if substantially reduced responsibilities, but Americans in the workforce; (3) create toolkits for employers, trade as- they continue to delay taking benefits. only if the period begins after the partici- pant reaches age 50 or has completed 30 years sociations, labor organizations, and non- Our bill would allow people to earn de- of service creditable under the plan.’’. profit employers that would feature a series layed retirement credits up until age (2) AMENDMENT TO THE INTERNAL REVENUE of issue papers outlining specific tasks and 72, instead of age 70. CODE OF 1986.—Section 411(b)(1) of the Internal activities for engaging older individuals in To collect, organize and disseminate Revenue Code of 1986 (relating to accrued select industries; information on older worker issues, the benefits) is amended by adding at the end the (4) distribute information to government bill also would create a National Re- following: planners and policymakers, employers, orga- source Center on Aging and the Work- ‘‘(I) ACCRUED BENEFIT MAY NOT DECREASE nizations representing and serving older adults, and other appropriate entities force within the U.S. Department of ON ACCOUNT OF PHASED RETIREMENT.— ‘‘(i) IN GENERAL.—Notwithstanding the pre- through the establishment of an interactive Labor. This center would act as a na- ceding subparagraphs, in the case of a partic- Internet website, the publications of articles tional information clearinghouse on ipant who— in periodicals, pamphlets, brochures, and re- workforce issues, challenges and solu- ‘‘(I) begins a period of phased retirement, ports, as well as through national and inter- tions for older workers. and national conferences and events; and The bipartisan Incentives for Older ‘‘(II) was employed on a substantially full- (5) provide targeted and ongoing technical Workers Act will provide seniors with time basis during the 12-month period pre- assistance to select units of government, pri- the flexibility and opportunity to con- ceding the period of phased retirement, vate corporations, and nonprofit organiza- tinue working in retirement if they a defined benefit plan shall be treated as tions. (c) AUTHORIZATION OF APPROPRIATIONS.— choose to. I look forward to working meeting the requirements of this paragraph with respect to the participant only if the There is authorized to be appropriated such with my colleagues to enact these im- sums as may be available in each fiscal year portant reforms. Mr. President, I ask participant’s compensation or average com- pensation taken into account under the plan to carry out this section. unanimous consent that the text of the with respect to the years of service before SEC. 6. CIVIL SERVICE RETIREMENT SYSTEM bill be printed in the RECORD. the period of phased retirement is not, for COMPUTATION FOR PART-TIME SERVICE. There being no objection, the text of purposes of determining the accrued benefit the bill was ordered to be printed in Section 8339(p) of title 5, United States for such years of service, reduced due to such Code, is amended by adding at the end the the RECORD, as follows: phased retirement. following: S. 2933 ‘‘(ii) PERIOD OF PHASED RETIREMENT.—For ‘‘(3)(A) In the administration of paragraph purposes of this subparagraph, a period of Be it enacted by the Senate and House of Rep- (1)— phased retirement is a period during which resentatives of the United States of America in ‘‘(i) subparagraph (A) of such paragraph an employee is employed on substantially Congress assembled, shall apply to any service performed before, less than a full-time basis or with substan- on, or after April 7, 1986; SECTION 1. SHORT TITLE; TABLE OF CONTENTS. tially reduced responsibilities, but only if (a) SHORT TITLE.—This Act may be cited as ‘‘(ii) subparagraph (B) of such paragraph the period begins after the participant shall apply to all service performed on a the ‘‘Incentives for Older Workers Act’’. reaches age 50 or has completed 30 years of (b) TABLE OF CONTENTS.—The table of con- part-time or full-time basis on or after April service creditable under the plan.’’. tents for this Act is as follows: 7, 1986; and (b) EFFECTIVE DATE.—The amendments ‘‘(iii) any service performed on a part-time Sec. 1. Short title; table of contents. made by this section shall apply to benefits Sec. 2. Prohibition of benefit reduction due payable after the date of enactment of this basis before April 7, 1986, shall be credited as to phased retirement. Act. service performed on a full-time basis. ‘‘(B) This paragraph shall be effective with Sec. 3. Allowance of delayed retirement so- SEC. 3. ALLOWANCE OF DELAYED RETIREMENT cial security credits until age SOCIAL SECURITY CREDITS UNTIL respect to any annuity entitlement to which 72. AGE 72. is based on a separation from service occur- Sec. 4. Reduction in social security benefit (a) IN GENERAL.—Paragraphs (2) and (3) of ring on or after the date of the enactment of offset resulting from certain section 202(w) of the Social Security Act (42 this paragraph.’’. earnings. U.S.C. 402(w)) are each amended by striking SEC. 7. WORKFORCE INVESTMENT ACTIVITIES Sec. 5. National Resource Center on Aging ‘‘age 70’’ and inserting ‘‘age 72’’. FOR OLDER WORKERS. and the Workforce. (b) EFFECTIVE DATES.—The amendments (a) STATE BOARDS.—Section 111(b)(1)(C) of Sec. 6. Civil service retirement system com- made by this section shall take effect on the the Workforce Investment Act of 1998 (29 putation for part-time service. date of the enactment of this Act. U.S.C. 2821(b)(1)(C)) is amended—

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(1) in clause (vi), by striking ‘‘and’’ at the ‘‘(f) SPECIAL RULE FOR DETERMINING NOR- ginning before, on, or after the date of the end; MAL RETIREMENT AGE FOR CERTAIN EXISTING enactment of this Act. (2) by redesignating clause (vii) as clause DEFINED BENEFIT PLANS.— (viii); and ‘‘(1) IN GENERAL.—For purposes of sub- By Mr. LAUTENBERG (for him- (3) by inserting after clause (vi) the fol- section (a)(8)(A), an applicable plan shall not self, Mr. MENENDEZ, Mrs. FEIN- lowing: be treated as failing to meet any require- STEIN, Mr. LEVIN, Mr. ‘‘(vii) representatives of older individuals, ment of this subchapter, or as failing to have LIEBERMAN, Mr. WHITEHOUSE, who shall be representatives from the State a uniform normal retirement age for pur- Mr. REED, and Mr. SCHUMER): agency (as defined in section 102 of the Older poses of this subchapter, solely because the S. 2935. A bill to prevent the destruc- Americans Act of 1965 (42 U.S.C. 3002)) in the plan has adopted the normal retirement age State or recipients of grants under title V of described in paragraph (2). tion of terrorist and criminal national such Act (42 U.S.C. 3056 et seq.) in the State; ‘‘(2) APPLICABLE PLAN.—For purposes of instant criminal background check and’’. this subsection— system records; to the Committee on (b) LOCAL BOARDS.—Section 117(b)(2)(A) of ‘‘(A) IN GENERAL.—The term ‘applicable the Judiciary. such Act (29 U.S.C. 2832(b)(2)(A)) is amend- plan’ means a defined benefit plan that, on Mr. LAUTENBERG. Mr. President, I ed— the date of the introduction of the Incentives rise to introduce the Preserving (1) in clause (v), by striking ‘‘and’’ at the for Older Workers Act, has adopted a normal Records of Terrorist and Criminal end; and retirement age which is the earlier of— Transactions, or PROTECT Act of 2008. (2) by adding at the end the following: ‘‘(i) an age otherwise permitted under sub- I am proud to be joined by cosponsors ‘‘(vii) representatives of older individuals, section (a)(8)(A), or Senators FEINSTEIN, LEVIN, LIEBERMAN, who shall be representatives from an area ‘‘(ii) the age at which a participant com- MENENDEZ, REED, SCHUMER, and agency on aging (as defined in section 102 of pletes the number of years (not less than 30 the Older Americans Act of 1965 (42 U.S.C. years) of benefit accrual service specified by WHITEHOUSE. 3002)) in the local area or recipients of grants the plan. In 1994, we passed the Brady Law, which requires criminal background under title V of such Act (42 U.S.C. 3056 et A plan shall not fail to be treated as an ap- seq.) in the local area; and’’. plicable plan solely because, as of such date, checks for all guns sold by licensed (c) RESERVATION OF FUNDS FOR OLDER INDI- the normal retirement age described in the firearm dealers. In the 14 years since it VIDUALS.—Section 134 of such Act (29 U.S.C. preceding sentence only applied to certain was enacted, the Brady law has pre- 2864) is amended by adding at the end the fol- participants or to certain employers partici- vented more than 1.5 million felons and lowing: pating in the plan. other dangerous individuals from buy- ‘‘(f) RESERVATION FOR OLDER INDIVIDUALS FROM FUNDS ALLOCATED FOR ADULTS.— ‘‘(B) EXPANDED APPLICATION.—If, after the ing guns. I am proud to say that more ‘‘(1) DEFINITION.—In this subsection, the date described in subparagraph (A), an appli- than 150,000 of those denials have been term ‘allocated funds’ means the funds allo- cable plan expands the application of the to convicted domestic abusers because cated to a local area under paragraph (2)(A) normal retirement age described in subpara- of a law I wrote in 1996. or (3) of section 133(b). graph (A) to additional participants or par- Every time a Brady background ‘‘(2) RESERVATION.—The local area shall en- ticipating employers, such plan shall also be check is conducted, the FBI’s National sure that 5 percent of the allocated funds treated as an applicable plan with respect to Instant Criminal Background Check that are used to provide services under sub- such participants or participating employ- System—or NICS—creates an audit log. section (d) or (e) are reserved for services for ers.’’. (b) AMENDMENTS TO EMPLOYEE RETIREMENT The audit log includes information older individuals.’’. about the purchaser, the weapon, and SEC. 8. ELIGIBILITY OF OLDER WORKERS FOR INCOME SECURITY ACT OF 1974.—Section 204 of THE WORK OPPORTUNITY CREDIT. the Employee Retirement Income Security the seller. (a) IN GENERAL.—Section 51(d)(1) of the In- Act of 1974 is amended by redesignating sub- The information could be extremely ternal Revenue Code of 1986 (relating to section (k) as subsection (l) and by inserting valuable to the FBI. The agency could members of targeted groups) is amended— after subsection (j) the following new sub- use it to help determine whether gun (1) by striking ‘‘or’’ at the end of subpara- section: dealers are complying with the back- graph (H), ‘‘(k) SPECIAL RULE FOR DETERMINING NOR- ground check requirements, to help law (2) by striking the period at the end of sub- MAL RETIREMENT AGE FOR CERTAIN EXISTING DEFINED BENEFIT PLANS.— enforcement fight crime by figuring paragraph (I) and inserting ‘‘, or’’, and out whether a criminal has been able (3) by adding at the end the following new ‘‘(1) IN GENERAL.—For purposes of section 3(24), an applicable plan shall not be treated to buy a gun, or even to help prevent subparagraph: terrorist attacks. ‘‘(J) a qualified older worker.’’. as failing to meet any requirement of this (b) QUALIFIED OLDER WORKER.—Section title, or as failing to have a uniform normal Yet, despite this information’s value 51(d) of the Internal Revenue Code of 1986 is retirement age for purposes of this title, in fighting crime and terrorism, the amended— solely because the plan has adopted the nor- FBI destroys the background check (1) by redesignating paragraphs (11), (12), mal retirement age described in paragraph data. and (13) as paragraphs (12), (13), and (14), re- (2). In most cases, the audit log is de- spectively, and ‘‘(2) APPLICABLE PLAN.—For purposes of stroyed within 24 hours after the sale is (2) by inserting after paragraph (10) the fol- this subsection— allowed to go through. That’s because lowing new paragraph: ‘‘(A) IN GENERAL.—The term ‘applicable plan’ means a defined benefit plan that, on every year since 2004, a rider has been ‘‘(11) QUALIFIED OLDER WORKER.—The term attached to appropriations bills man- ‘qualified older worker’ means any indi- the date of the introduction of the Incentives vidual who is certified by the designated for Older Workers Act, has adopted a normal dating that the FBI destroy the back- local agency as being an individual who is retirement age which is the earlier of— ground check record within 24 hours of age 55 or older and whose income is not more ‘‘(i) an age otherwise permitted under sec- allowing the gun sale to proceed. That than 125 percent of the poverty line (as de- tion 2(24), or means that the purchaser’s name, so- fined by the Office of Management and Budg- ‘‘(ii) the age at which a participant com- cial security number, and all other per- et), excluding any income that is unemploy- pletes the number of years (not less than 30 sonally identifying information are ment compensation, a benefit received under years) of benefit accrual service specified by purged from the system within 24 the plan. title XVI of the Social Security Act (42 hours. U.S.C. 1381 et seq.), a payment made to or on A plan shall not fail to be treated as an ap- Once this information is destroyed, behalf of veterans or former members of the plicable plan solely because, as of such date, the FBI can no longer run searches Armed Forces under the laws administered the normal retirement age described in the by the Secretary of Veterans Affairs, or 25 preceding sentence only applied to certain using a person’s name. So if a local law percent of a benefit received under title II of participants or to certain employers partici- enforcement agency were to call the the Social Security Act (42 U.S.C. 401 et pating in the plan. FBI to see if a criminal on the loose seq.).’’. ‘‘(B) EXPANDED APPLICATION.—If, after the had purchased any guns recently, the (c) EFFECTIVE DATE.—The amendments date described in subparagraph (A), an appli- FBI would not be able to search its made this section shall apply to amounts cable plan expands the application of the database using the suspect’s name if paid or incurred after the date of the enact- normal retirement age described in subpara- the gun was purchased two months, ment of this Act to individuals who begin graph (A) to additional participants or par- two weeks, or even two days earlier. work for the employer after such date. ticipating employers, such plan shall also be This destruction requirement hinders SEC. 9. NORMAL RETIREMENT AGE. treated as an applicable plan with respect to the FBI’s ability to help the Bureau of (a) AMENDMENT TO INTERNAL REVENUE CODE such participants or participating employ- OF 1986.—Section 411of the Internal Revenue ers.’’. Alcohol, Tobacco, Firearms, and Explo- Code of 1986 is amended by adding at the end (c) EFFECTIVE DATE.—The amendments sives verify that gun dealers are con- the following new subsection: made by this section shall apply to years be- ducting background checks properly.

VerDate Aug 31 2005 04:28 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A29AP6.036 S29APPT1 CCOLEMAN on PRODPC75 with SENATE April 29, 2008 CONGRESSIONAL RECORD — SENATE S3513 Before the destruction requirement, terror watch list—purchased firearms are able to give them, and they deserve ATF could compare the NICS records last year. to receive them as quickly as possible. to the paper records that gun dealers The PROTECT Act would address And that is what our legislation is de- are required to keep on file to deter- both of these record retention problems signed to accomplish. mine whether the dealers were submit- by preserving records that are critical The Enhancement of Recruitment, ting all the required information. to effective background checks, law en- Retention, and Readjustment Through The destruction requirement also forcement, and terrorism prevention. Education Act would increase edu- prevents the FBI from determining Specifically, it would: cation benefits for servicemembers, whether a felon, fugitive, or other per- (1) require the FBI to retain for 10 veterans, and members of the Guard son who is prohibited from having a years all background check records in- and Reserve. It would help facilitate gun was able to purchase one in viola- volving a valid match to a terror watch successful recruitment efforts and, im- tion of the law, and to retrieve guns list; and portantly, encourage continued service from people who are prohibited from (2) require the FBI to retain for at in the military by granting a higher having them. The FBI has only three least 180 days all other background education payment for longer service. days to conduct background checks, check records. It also provides a transferability fea- and sometimes receives information This is a common-sense public safety ture to allow the serviceman and after already approving a sale that the measure. At a time when 32 people are woman to have the option of transfer- purchaser was legally prohibited from murdered as a result of gun violence ring education benefits to their chil- having a firearm. But without the every day in the United States and we dren and spouses. In developing this background check information at hand, are fighting against terrorism, the last legislation, the one theme we heard the FBI has no way of retrieving guns thing we should be doing is pre- from almost every veterans’ services from these dangerous people who never maturely destroying a valuable anti- organization is the need for such a should have been allowed to purchase crime and anti-terrorism tool that we transferability provision. them in the first place. have at our fingertips. As my colleagues know, our proposal Prior to the 24–hour destruction re- At a Commerce, Justice, Science and is not the only measure that has been quirement, the Government Account- Related Agencies Appropriations Sub- offered to increase GI education bene- ability Office found that over a 6- committee hearing last year, I asked fits, and I want to commend the efforts month period the FBI used retained FBI Director Robert Mueller if he of Senators WEBB, HAGEL, WARNER and Brady background check records to ini- thought that background check records others on their work to bring this im- tiate 235 actions to retrieve illegally should be retained for more than 24 portant issue to the forefront in the possessed guns. According to GAO, hours. He replied, ‘‘[T]here is a sub- Senate, by the introduction of S. 22. 228—97 percent—of those retrieval ac- stantial argument in my mind for re- Each of us supports a revitalized GI tions would not have been possible taining records for a substantial period program. While I don’t think anyone under a 24-hour destruction policy. of time.’’ That’s what this bill would disagrees with the overall intent of S. Those are hundreds of guns in the do, and I hope my Senate colleagues 22, I believe we can and should do more hands of felons, fugitives and other will join me in passing it swiftly. to promote recruitment and retention dangerous people. We have the power of servicemen and women and to ensure to stop them, and we should use it. By Mr. GRAHAM (for himself, that veterans and their families re- Up until now, I have been talking Mr. BURR, Mr. MCCAIN, Mr. ceive the education benefits they de- about dangerous people who are prohib- CHAMBLISS, Mr. LIEBERMAN, Mr. serve, and in a timely manner. But I ited from having guns under current CORNYN, Mr. ALEXANDER, Mrs. remain very hopeful that we can all federal law, such as felons, fugitives, HUTCHISON, Mr. MARTINEZ, Mr. work together in a bipartisan manner and convicted domestic abusers. But STEVENS, Mr. COCHRAN, Ms. to ensure that Congress enacts mean- there is one category of very dangerous COLLINS, Mr. BARRASSO, Mr. ingful legislation that will be signed people who are allowed to purchase DOMENICI, Mrs. DOLE, Mr. WICK- into law as soon as possible. firearms under current federal law- ER, Mr. ISAKSON, and Mr. Unlike S. 22, our legislation builds on known and suspected terrorists. It is INHOFE): the existing Montgomery GI Bill edu- hard to believe, but nothing in our fed- S. 2938. A bill to amend titles 10 and cational benefits to ensure rapid imple- eral gun laws prevents known and sus- 38, United States Code, to improve edu- mentation. Unlike S. 22, our bill fo- pected terrorists from purchasing guns. cational assistance for members of the cuses on the entire spectrum of mili- And we know that terrorists exploit Armed Forces and veterans in order to tary members who make up the All this Terror Gap in our gun laws. In a enhance recruitment and retention for Volunteer Force, from the newest re- 2005 report that Senator Biden and I re- the Armed Forces, and for other pur- cruit to the career NCOs, officers, re- quested, GAO found that during a four- poses; to the Committee on Veterans’ servists and National Guardsmen, to month period in 2004, a total of 44 fire- Affairs. veterans who have completed their arm purchase attempts were made by Mr. MCCAIN. Mr. President, I am service and retirees, as well as the fam- known or suspected terrorists. In 35 of very pleased to join today with Senator ilies of all of these individuals. those cases, the FBI authorized the LINDSEY GRAHAM, the Ranking Member The legislation would immediately transactions to proceed because FBI of the Personnel Subcommittee of the increase education benefits for active field agents were unable to find any Senate Armed Services Committee, duty personnel from $1100 to $1500 a disqualifying information within the and Senator RICHARD BURR, the Rank- month. To encourage careers in the federally prescribed three-day back- ing Member of the Senate Veterans military, the education benefits would ground check period. I have introduced Committee, in introducing the En- increase to $2000 a month after 12 or another bill—the Denying Firearms hancement of Recruitment, Retention, more years of service. Further, it and Explosives to Dangerous Terrorists and Readjustment Through Education would allow a servicemember to trans- Act S. 1237—to close this Terror Gap, Act. This legislation, which is designed fer 50 percent of benefits to a spouse or and I urge my colleagues to support to greatly enhance veterans’ education child starting after 6 years of service, that bill as well. benefits, is also cosponsored by Sen- and after 12 years of service, 100 per- Not only do our current laws allow ators CHAMBLISS, LIEBERMAN, CORNYN, cent may be transferred to a spouse or terrorists to buy guns, but the FBI also ALEXANDER, HUTCHISON, MARTINEZ, dependent children. This is a key pro- destroys the background check records STEVENS, COCHRAN, COLLINS, BARRASSO, retention provision. In addition, our from terrorist gun purchases within 90 DOMENICI, DOLE, WICKER, and ISAKSON. bill would provide $500 annually for col- days. That means that a joint ter- Mr. President, America has an obli- lege books and supplies while our rorism task force conducting a terror gation to provide unwavering support servicemembers are going to school. investigation over the course of to America’s veterans, The bill also would increase from $880 months or even years cannot call the servicemembers, and retirees. Men and to $1200 per month the education bene- FBI to find out if the target of the in- women who have served their country fits for Guard and Reserve members vestigation—someone who is on the deserve the best education benefits we called to active duty since September

VerDate Aug 31 2005 04:21 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A29AP6.039 S29APPT1 CCOLEMAN on PRODPC75 with SENATE S3514 CONGRESSIONAL RECORD — SENATE April 29, 2008 11, 2001. Further, it would gradually in- the Service Chiefs and the Chairman of the Kreps (CR–2007–442), James Freeman (CR– crease benefits to $1600 per month for Joint Chiefs of Staff, reflecting the strong 2007–443), Henry Braun (CR–2007–444), Robert those members of the Guard and Re- interest from the field and fleet. Transfer- Shetterly (CR–2007–445), and Dudley serves who serve in the Selected Re- ability supports military families, thereby Hendrick (CR–2007–467), pending in Penobscot enhancing retention. Second, any enhance- County Court in Bangor, Maine, a defendant serve for 12 years or more and who con- ment of the education benefit, whether used has subpoenaed testimony from Carol tinue serving in the Selected Reserve. in service or after retirement, must serve to Woodcock, an employee in the office of Sen- Servicemembers who enlist after enhance recruiting and not undercut reten- ator Susan Collins; they have already received post-sec- tion. Whereas, pursuant to sections 703(a) and ondary education degrees should also Third, significant benefit increases need to 704(a)(2) of the Ethics in Government Act of be allowed to benefit under an im- be focused on those willing to commit to 1978, 2 U.S.C. 288b(a) and 288c(a)(2), the Sen- longer periods of service—hence the Depart- ate may direct its counsel to represent em- proved GI Bill and be allowed to use ment’s interest in at least six years of serv- their education benefits to repay Fed- ployees of the Senate with respect to any ice to be eligible for transferability. Re-en- subpoena, order, or request for testimony re- eral student loans. Under our bill, listments (and longer service) are critical to lating to their official responsibilities; servicemembers could use up to $6,000 the success of the All-Volunteer Force. Whereas, by the privileges of the Senate of per year of Montgomery G.I. Bill edu- Fourth, the program should provide partici- the United States and rule XI of the Stand- cation benefits to repay Federal stu- pants with benefits tailored to their unique ing Rules of the Senate, no evidence under dent loans. And, it doubles from $317 to situation, thereby broadening the population the control or in the possession of the Senate $634 the education benefits for other from which we retain and recruit. This in- may, by the judicial or administrative proc- cludes those whose past educational achieve- ess, be taken from such control or possession members of the Guard and Reserves. ments have resulted in education debt Our bill also recognizes the sacrifice but by permission of the Senate; through student loans, and those seeking ad- Whereas, when it appears that evidence of all who have served in the Global vanced degrees and who may have earned un- under the control or in the possession of the War on Terror, including members of dergraduate degrees with Department of De- Senate may promote the administration of the Guard and Reserve who are serving fense support. justice, the Senate will take such action as As you may well appreciate, a key issue is on active duty and deploying at his- will promote the ends of justice consistent the determination of the benefit level for the with the privileges of the Senate: Now, toric rates by doubling the educational basic GI bill program. The Department esti- therefore, be it assistance for members of the Selected mates that serious retention issues could Resolved That Carol Woodcock is author- Reserve and, again, making the edu- arise if the benefit were expanded beyond the cational benefits transferable to family ized to testify in the cases of State of Maine level sufficient to offset average monthly v. Douglas Rawlings, Jonathan Kreps James members. costs for a public four-year institution (tui- Freeman, Henry Braun, Robert Shetterly, Finally, I do think it is important tion, room, board, and fees). These costs are and Dudley Hendrick, except concerning that the Administration’s views on this presently estimated at about $1,500 according matters for which a privilege should he as- important issue are taken into ac- to the National Center for Education Statis- serted. tics. This would still entail a substantial in- count. That is why earlier this month, SEC. 2. The Senate Legal Counsel is author- crease to the present benefit value of $1,100. ized to represent Carol Woodcock, and any Senator LEVIN and I wrote to the De- An important corollary to the GI Bill is other employee of the Senator from whom partment of Defense seeking views on the recognition that today, remaining in the evidence may be sought, in the actions ref- proposals to modernize the GI Bill. military is entirely consistent with the at- erenced in section one of this resolution. Again, it is my hope that the pro- tainment of education goals. Unlike the ponents of the pending veteran’s edu- past, our nation now encourages the fulfill- f cation benefits measures can join to- ment of college aspirations while serving, SENATE RESOLUTION 540—RECOG- gether to ensure that Congress enacts thus dealing with readjustment through up NIZING THE HISTORICAL SIG- front programs, rather than only after dis- meaningful legislation that the Presi- charge. DoD invests about $700 million annu- NIFICANCE OF THE SLOOP-OF- dent will sign. Such legislation should ally to offer funded, education tuition assist- WAR USS ‘‘CONSTELLATION’’ AS address the entire spectrum of the All ance for our servicemen and women while A REMINDER OF THE PARTICIPA- Volunteer Force. It must be easily un- serving. More than 400,000 members of the TION OF THE UNITED STATES IN derstood and implemented and respon- armed forces took advantage of such tuition THE TRANSATLANTIC SLAVE sive to the needs not only of veterans, assistance last year. TRADE AND OF THE EFFORTS but also of those who are serving in the In conclusion, for all these reasons, the De- OF THE UNITED STATES TO END partment does not support S. 22. This legisla- active duty forces, the Guard and Re- tion does not meet, and, in some respects, is THE SLAVE TRADE serve, and their families. Their exem- in direct variance to the Department’s Ms. MIKULSKI (for herself and Mr. plary service to our nation, and the above-stated objectives and supporting cri- CARDIN) submitted the following reso- sacrifice of their families, deserves no teria. lution; which was referred to the Com- Thank you for the opportunity to com- less. mittee on the Judiciary: Mr. President, I ask unanimous con- ment. We look forward to working closely S. RES. 540 sent that a letter of support be printed with the Congress to strengthen the All-Vol- unteer force through a balanced program of Whereas, on September 17, 1787, the Con- in the RECORD. recruiting, retention and education benefits, stitution of the United States was adopted, There being no objection, the mate- and to recognize the service of our veterans. and article I, section 9 declared that Con- rial was ordered to be printed in the Sincerely, gress could prohibit the importation of RECORD, as follows: ROBERT M. GATES slaves into the United States in the year THE SECRETARY OF DEFENSE, 1808; f Washington, DC, April 29, 2008. Whereas, in 1794, the United States Con- Hon. JOHN MCCAIN, SUBMITTED RESOLUTIONS gress passed ‘‘An Act to prohibit the car- Ranking Member, Committee on Armed Services, rying on the Slave Trade from the United U.S. Senate, Washington, DC. States to any foreign place or country’’, ap- DEAR SENATOR MCCAIN: you earlier asked SENATE RESOLUTION 539—TO AU- proved March 22, 1794 (1 Stat. 347), thus be- for my views on S. 22. Since your request, THORIZE TESTIMONY AND ginning the efforts of the United States to two other bills have been introduced (H.R. LEGAL REPRESENTATION IN halt the slave trade; 5684 and, in the Senate, the Enhancement of STATE OF MAINE V. DOUGLAS Whereas, on May 10, 1800, Congress enacted a law that outlawed all participation by peo- Recruitment, Retention, and Readjustment RAWLINGS, JONATHAN KREPS, Through Education Act of 2008). I welcome ple in the United States in the international the opportunity to outline the criteria the JAMES FREEMAN, HENRY trafficking of slaves and authorized the Department has established to evaluate spe- BRAUN, ROBERT SHETTERLY, United States Navy to seize vessels flying cific proposals, with the ultimate objective AND DUDLEY HENDRICK the flag of the United States engaged in the of strengthening the All-Volunteer Force, as Mr. REID (for himself and Mr. slave trade; well as properly recognizing our veterans’ Whereas, on March 2, 1807, President MCCONNELL) submitted the following service. Thomas Jefferson signed into law ‘‘An Act to Our first objective is to strengthen the All- resolution; which was considered and prohibit the importation of slaves into any Volunteer force. Accordingly, it is essential agreed to: port or place within the jurisdiction of the to permit transferability of unused edu- S. RES. 539 United States, from and after the first of cation benefits from service members to Whereas, in the cases of State of Maine v. January, in the year of our Lord one thou- family. This is the highest priority set by Douglas Rawlings (CR 09–2007–441), Jonathan sand eight hundred and eight’’ (2 Stat. 426);

VerDate Aug 31 2005 04:28 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A29AP6.042 S29APPT1 CCOLEMAN on PRODPC75 with SENATE April 29, 2008 CONGRESSIONAL RECORD — SENATE S3515 Whereas, on January 1, 1808, the prohibi- slave trade and the efforts of the United task force to deter piracy and support the tion on the importation of slaves into the States Government to suppress the inhu- 1992 international arms embargo; United States took effect; mane practice; Whereas the United States Government Whereas, on March 3, 1819, Congress au- (2) applauds the preservation of the his- has allocated nearly $50,000,000 to support thorized the Navy to cruise the coast of Afri- toric vessel and the efforts of the USS Con- the African Union Mission in Somalia ca to suppress the slave trade, declaring that stellation Museum to engage people from all (AMISOM) and continues to be the leading Africans on captured ships be placed under over the world with this vital part of our his- contributor of humanitarian assistance in Federal jurisdiction and authorizing the tory; and Somalia, with approximately $140,000,000 pro- President to appoint an agent in Africa to fa- (3) supports the USS Constellation as an ap- vided in fiscal year 2007 and fiscal year 2008 cilitate the return of captured Africans to propriate site for the Nation to commemo- to date, but still lacks a comprehensive the continent; rate the bicentennial of the abolition of the strategy to build a sustainable peace; Whereas, in 1819, the Royal Navy of Great transatlantic slave trade in 2008. Whereas, over the last 5 years, the Senate Britain established the West Coast of Africa has repeatedly called upon the President f as a separate naval station and actively plied through resolutions, amendments, bills, the waters in pursuit of slave ships, and SENATE RESOLUTION 541—SUP- oversight letters, and hearings to develop Great Britain negotiated with many other and implement a comprehensive strategy to countries to obtain the right to search ves- PORTING HUMANITARIAN AS- SISTANCE, PROTECTION OF CI- contribute to lasting peace and security sels suspected of engaging in the slave trade; throughout the Horn of Africa by helping to Whereas, on May 15, 1820, Congress de- VILIANS, ACCOUNTABILITY FOR establish a legitimate, stable central govern- clared the trading of slaves to be an act of ABUSES IN SOMALIA, AND URG- ment in Somalia capable of maintaining the piracy and that those convicted of trading ING CONCRETE PROGRESS IN rule of law and preventing Somalia from be- slaves were subject to the death penalty; LINE WITH THE TRANSITIONAL coming a safe haven for terrorists; Whereas the Webster-Ashburton Treaty be- FEDERAL CHARTER OF SOMALIA tween Great Britain and the United States, Whereas a February 2008 Government Ac- signed August 9, 1842, provided that both TOWARD THE ESTABLISHMENT countability Office (GAO) report entitled, countries would maintain separate naval OF A VIABLE GOVERNMENT OF ‘‘Somalia: Several Challenges Limit U.S. and squadrons on the coast of Africa to enforce NATIONAL UNITY International Stabilization, Humanitarian, and Development Efforts’’, found that United their respective laws against the slave trade; Mr. FEINGOLD (for himself, Mr. Whereas, in 1843, the newly formed United States and international ‘‘efforts have been States African Squadron sailed for Africa COLEMAN, Mr. BROWN, Ms. KLOBUCHAR, limited by lack of security, access to vulner- and remained in operation until the Civil and Mr. HAGEL) submitted the fol- able populations, and effective government War erupted in 1861; lowing resolution; which was referred institutions’’ as well as the fact that the Whereas, in 1859, the USS Constellation, the to the Committee on Foreign Rela- ‘‘U.S. strategy for Somalia, outlined in the last all-sail vessel designed and built by the tions: Administration’s 2007 report to Congress on United States Navy, sailed to West Africa as its Comprehensive Regional Strategy on So- S. RES. 541 the flagship of the United States African malia, is incomplete’’; Squadron, which consisted of 8 ships, includ- Whereas, despite the formation of the Whereas the recent designation by the De- ing 4 steam-powered vessels suitable for internationally recognized Transitional Fed- partment of State of Somali’s al Shabaab chasing down and capturing slave ships; eral Government (TFG) in 2004, there has militia as a foreign terrorist organization Whereas, on December 21, 1859, the USS been little improvement in the governance under section 219 of the Immigration and Na- Constellation captured the brig Delicia after a or stability of southern and central Somalia, tionality Act (8 U.S.C. 1189) and as a spe- 10-hour chase, and although the Delicia had and stability in the northern region of cially designated global terrorist under sec- no human cargo on board upon capture, the Puntland has deteriorated; tion 1(b) of Executive Order 13224 (September crew had been preparing the ship to take on Whereas governance failures in Somalia 23, 2001) highlights the growing need for a slaves; have permitted and contributed to escalating strategic, multifaceted, and coordinated ap- Whereas, on the night of September 25, violence, egregious human rights abuses, and proach to Somalia; and 1860, the USS Constellation spotted the violations of international humanitarian Whereas it is in the interest of the United barque Cora near the mouth of the Congo law, which occur with impunity and have led States, the people of Somalia, and the citi- River and, after a dramatic moonlit chase, to an independent system of roadblocks, zens and governments of neighboring and captured the slave ship with 705 Africans checkpoints, and extortion that hinders other interested countries to work towards a crammed into her permanent ‘‘slave deck’’; trade, business, and the delivery of des- legitimate peace and a sustainable resolu- Whereas after capturing the Cora, a de- perately needed humanitarian assistance; tion to the crisis in Somalia that includes ci- tachment of the Constellation’s crew sailed Whereas the Government of Ethiopia inter- vilian protection and access to services, up- the surviving Africans to Monrovia, Liberia, vened in Somalia in December 2006 against holds the rule of law, and promotes account- a colony founded for the settlement of free the Islamic Courts Union (ICU) and con- ability: Now, therefore, be it African Americans, which became the des- tinues to serve as the primary security force tination for all Africans freed on slave ships for the TFG in Somalia; Resolved, That it is the sense of the Senate captured by the United States Navy; Whereas a United Nations Monitoring that— Whereas, on May 21, 1861, the USS Con- Group on Somalia report presented to the (1) the United States remains committed stellation captured the brig Triton, and al- United Nations Security Council on July 20, to the people of Somalia and to helping build though the Triton did not have Africans cap- 2007, alleged that Eritreans have provided the institutions necessary for a stable nation tured for slavery on board when intercepted arms to insurgents in Somalia as part of a free from civil war and violent extremism; by the Constellation, a search confirmed that long-standing dispute between Ethiopia and (2) the President, in partnership with the the ship had been prepared to take on slaves; Eritrea that includes a series of interlocking African Union, the United Nations, and the Whereas the Triton, registered in Charles- proxy wars in the Horn of Africa; international community, should— ton, South Carolina, was one of the first Whereas the United Nations estimates (A) provide sufficient humanitarian assist- Union naval captures of the Civil War; that, as of April 2008, 2,000,000 people in So- ance to those most seriously affected by Whereas, from 1859 to 1861, the USS Con- malia need humanitarian assistance or live- armed conflict, drought, and flooding stellation and the United States African lihood support for at least the next 6 months, throughout Somalia, and call on the Transi- Squadron captured 14 slave ships and liber- including 745,000 people who have fled ongo- tional Federal Government to actively facili- ated nearly 4,000 Africans destined for a life ing insecurity and sporadic violence in tate the dispersal of such assistance; of servitude in the Americas, a record unsur- Mogadishu over the past 16 months, adding (B) ensure accountability for all state, passed by the squadron under previous com- to more than 275,000 long-term internally non-state, and external parties responsible manders; and displaced Somalis; for violations of human rights and inter- Whereas, on September 25, 2008, the USS Whereas, despite Prime Minister Nur Has- national humanitarian law in Somalia, in- Constellation Museum will hold a ceremony san Hussein’s public commitment to humani- cluding through the deployment of United to commemorate the bicentennial of the abo- tarian operations, local and international Nations human rights monitors and the es- lition of the transatlantic slave trade aboard aid agencies remain hindered by extortion, tablishment of a United Nations Commission the same ship that, 148 years before, forced harassment, and administrative obstruc- of Inquiry to investigate abuses; the capitulation of the slave ship Cora and tions; (C) call on all parties to recommit to an in- freed the 705 Africans confined within: Now, Whereas, in March 2008, United Nations clusive dialogue, with international support, therefore, be it Secretary-General Ban Ki-moon presented in the interest of promoting sustainable Resolved, That the Senate— his report on Somalia based on recent stra- peace and security in Somalia and across the (1) recognizes the historical and edu- tegic assessments and fact-finding missions, Horn of Africa; cational significance of the USS Constella- which offered recommendations for increas- (D) urge the Government of Ethiopia, in tion, a 153-year-old warship berthed in Balti- ing United Nations engagement while de- coordination with the United Nations Polit- more, Maryland, as a reminder of both the creasing the presence of foreign troops, in- ical Office in Somalia, to develop a clear participation of the United States in the cluding the establishment of a maritime timeline for the responsible withdrawal of its

VerDate Aug 31 2005 03:30 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A29AP6.045 S29APPT1 CCOLEMAN on PRODPC75 with SENATE S3516 CONGRESSIONAL RECORD — SENATE April 29, 2008 armed forces from Somalia, to honor its obli- tarian assistance since the Ethiopians him to the bill H.R. 2881, supra; which was gation under the Geneva Conventions to en- went into Somalia in December 2006. ordered to lie on the table. sure protection of civilians under its control, This most recent ‘‘emergency’’ re- SA 4583. Ms. LANDRIEU submitted an and to observe the distinction between civil- sponse to the situation in Somalia has amendment intended to be proposed by her ians and military combatants and their as- to the bill H.R. 2881, supra; which was or- sets; now gone on for sixteen months and dered to lie on the table. (E) urge the Government of Eritrea to play yet conditions on the ground have de- SA 4584. Ms. LANDRIEU submitted an a productive role in helping to bring about teriorated significantly, with some ex- amendment intended to be proposed by her stability to Somalia, including ceasing to perts claiming Mogadishu is worse now to the bill H.R. 2881, supra; which was or- provide any financial and material support, than it has been since the civil war dered to lie on the table. such as arms and ammunition, to insurgent began in the early 1990s. It is clear our SA 4585. Mr. ROCKEFELLER (for himself, groups in and around Mogadishu and current policy towards Somalia is not Mr. INOUYE, Mr. BAUCUS, and Mr. GRASSLEY) throughout the region; and working—and we can no longer rely on proposed an amendment to the bill H.R. 2881, (F) call on all countries in the region and supra. wider international community to provide temporary measures to stitch the crisis SA 4586. Mr. MENENDEZ submitted an increased support for AMISOM and ensure a together. amendment intended to be proposed by him robust civilian protection mandate; This new Senate resolution aims to to the bill H.R. 2881, supra; which was or- (3) to achieve sustainable peace in the re- refocus U.S. and international atten- dered to lie on the table. gion, the Transitional Federal Government, tion on the medium- and long-term pri- f including the newly appointed Prime Min- orities, namely, our commitment to ister and his Cabinet, should— helping Somalis build the institutions TEXT OF AMENDMENTS (A) take necessary steps to protect civil- and conditions necessary for a stable ians from dangers related to military oper- SA 4579. Mr. WYDEN (for himself and ations, investigate and prosecute human nation free from civil war and violent Mr. SCHUMER) submitted an amend- rights abuses, provide basic services to all extremism. The resolution reflects in- ment intended to be proposed by him the people of Somalia, and ensure that hu- formation gleaned from a hearing I to the bill H.R. 2881, to amend title 49, manitarian organizations have full access to held last month in the Senate Sub- United States Code, to authorize appro- vulnerable populations; committee on African Affairs, in which priations for the Federal Aviation Ad- (B) recommit to the Transitional Federal expert witnesses stressed the need for ministration for fiscal years 2008 Charter; an inclusive regional political process through 2011, to improve aviation safe- (C) set a detailed timeline and demonstrate that facilitates dialogue and account- observable progress for completing the polit- ty and capacity, to provide stable fund- ical transition laid out in the Transitional ability. ing for the national aviation system, Federal Charter by 2009, including concrete I will continue to demand a U.S. and and for other purposes; which was or- and immediate steps toward scheduling elec- international strategy to bring sta- dered to lie on the table; as follows: tions as a means of establishing a democrat- bility and security to Somalia until At the appropriate place, insert the fol- ically elected government that represents there is evidence that an effective plan lowing: the people of Somalia; and exists and is being implemented in a SEC. ll. AIR CARRIERS REQUIRED TO HONOR (D) agree to participate in an inclusive and consistent and coordinated fashion. TICKETS FOR SUSPENDED SERVICE. transparent political process, with inter- For the sake of the people of Somalia (a) IN GENERAL.—Each air carrier that pro- national support, towards the formation of a vides scheduled air transportation on a route government of national unity based on the and the reputation of the U.S. and the shall provide, to the extent practicable, air principles of democracy, accountability, and international community—not to men- transportation to passengers ticketed for air the rule of law. tion our own national security—it is transportation on that route by any other vital to reinvigorate a political process Mr. FEINGOLD. Mr. President, one air carrier that suspends, interrupts, or dis- month ago I urged greater U.S. and and stimulate legitimate progress to- continues air passenger service on the route international action to end the horrific wards that end. Given our historic role by reason of insolvency or bankruptcy of the violence plaguing Somalia and to press on the Horn of Africa and the critical other air carrier. (b) PASSENGER OBLIGATION.—An air carrier for a political solution that will lead to national security concerns emanating from this part of the world, I encourage is not required to provide air transportation a sustainable peace in this war-torn under subsection (a) to a passenger unless country and stability for the volatile my colleagues to join me in calling upon the U.S. administration, other that passenger makes alternative arrange- Horn of Africa region. Today, relent- ments with the air carrier for such transpor- foreign donors, the Transitional Fed- less violence in Somalia’s capital, tation not later than 60 days after the date Mogadishu, is worsening the humani- eral Government of Somalia, and other on which that passenger’s air transportation tarian and human rights crisis faced by leaders in the region to end Somalia’s was suspended, interrupted, or discontinued hundreds of thousands of Somali civil- descent into instability by facilitating (without regard to the originally scheduled travel date on the ticket). ians, while Islamist militias have political negotiations to address the Mr. WYDEN submitted an gained substantial territorial control need for accountability and the rule of SA 4580. amendment intended to be proposed by in south and central Somalia and So- law, and to prevent future suffering. him to the bill H.R. 2881, to amend title mali pirates are wreaking havoc off the f 49, United States Code, to authorize ap- country’s coast. In the past few days, a AMENDMENTS SUBMITTED AND propriations for the Federal Aviation range of actors from the UN’s Under PROPOSED Administration for fiscal years 2008 Secretary-General for Humanitarian SA 4579. Mr. WYDEN (for himself and Mr. through 2011, to improve aviation safe- Affairs to Human Rights Watch, and SCHUMER) submitted an amendment intended ty and capacity, to provide stable fund- even Pope Benedict, have issued urgent to be proposed by him to the bill H.R. 2881, ing for the national aviation system, appeals for an end to the lawless vio- to amend title 49, United States Code, to au- and for other purposes; which was or- lence in Somalia. thorize appropriations for the Federal Avia- dered to lie on the table; as follows: Today, I am introducing a resolution tion Administration for fiscal years 2008 through 2011, to improve aviation safety and At the appropriate place, insert the fol- that will add the U.S. Senate to the lowing: list of those calling for the protection capacity, to provide stable funding for the national aviation system, and for other pur- SEC. ll. DEFINITION OF FABRICATED. of civilians and a recommitment to the poses; which was ordered to lie on the table. As used in section 21.191(g) of title 14, Code ideals and implementation of the 2004 SA 4580. Mr. WYDEN submitted an amend- of Federal Regulations, the term ‘‘fab- Transitional Federal Charter. The reso- ment intended to be proposed by him to the ricated’’ means ‘‘to assemble from parts’’. lution I am introducing—along with bill H.R. 2881, supra; which was ordered to lie Senators COLEMAN, BROWN, and on the table. SA 4581. Ms. KLOBUCHAR submitted KLOBUCHAR—acknowledges the good SA 4581. Ms. KLOBUCHAR submitted an an amendment intended to be proposed work the U.S. has done, including the amendment intended to be proposed by her by her to the bill H.R. 2881, to amend allocation of nearly $50 million to sup- to the bill H.R. 2881, supra; which was or- title 49, United States Code, to author- dered to lie on the table. port the African Union peacekeepers in SA 4582. Mr. SCHUMER (for himself, Mrs. ize appropriations for the Federal Avia- Somalia. The U.S. continues to be the CLINTON, Mr. LAUTENBERG, Mr. MENENDEZ, tion Administration for fiscal years leading humanitarian contributor, Mrs. MURRAY, and Ms. CANTWELL) submitted 2008 through 2011, to improve aviation with more than $140 million in humani- an amendment intended to be proposed by safety and capacity, to provide stable

VerDate Aug 31 2005 03:30 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A29AP6.047 S29APPT1 CCOLEMAN on PRODPC75 with SENATE April 29, 2008 CONGRESSIONAL RECORD — SENATE S3517 funding for the national aviation sys- SA 4583. Ms. LANDRIEU submitted rowed from the Federal Aviation Adminis- tem, and for other purposes; which was an amendment intended to be proposed tration using passenger facility revenues as ordered to lie on the table; as follows: by her to the bill H.R. 2881, to amend collateral shall not be treated as revenue of title 49, United States Code, to author- a local government for purposes of cancella- At the appropriate place, insert the fol- tion of repayment of all or any part of a lowing: ize appropriations for the Federal Avia- community disaster loan made to the local SEC, ———. GAO STUDY OF AIR CARRIER FUELS tion Administration for fiscal years government under section 417(c) of the Rob- AND FUEL-EFFICIENCY. 2008 through 2011, to improve aviation ert T. Stafford Disaster Relief and Emer- (a) IN GENERAL.—Within 30 days after the safety and capacity, to provide stable gency Assistance Act (42 U.S.C. 5184(c)). date of enactment of the Aviation Invest- funding for the national aviation sys- ment and Modernization Act of 2008, the Comptroller General shall initiate an inves- tem, and for other purposes; which was SA 4584. Ms. LANDRIEU submitted tigation of— ordered to lie on the table; as follows: an amendment intended to be proposed (1) the prospects for using alternative fuels At the appropriate place, insert the fol- by her to the bill H.R. 2881, to amend for jet aircraft in the United States air car- lowing: title 49, United States Code, to author- rier fleet; SEC. lllll. SPECIAL RULE FOR NEW ORLE- ize appropriations for the Federal Avia- ANS AND LAKE CHARLES AIRPORTS. (2) the prospects for increasing the fuel ef- tion Administration for fiscal years ficiency for the United States air carrier (a) IN GENERAL.—Section 40117 is amended fleet; and by adding at the end the following: 2008 through 2011, to improve aviation (3) the effect of crude oil prices on the U.S. ‘‘(o) SPECIAL RULE FOR NEW ORLEANS AND safety and capacity, to provide stable air carrier industry. LAKE CHARLES AIRPORTS.— funding for the national aviation sys- (b) REPORT.—No later than July 1, 2009, the ‘‘(1) AUTHORITY TO RECOVER LOSSES RESULT- tem, and for other purposes; which was Comptroller General shall submit a report to ING FROM HURRICANES KATRINA AND RITA.— ordered to lie on the table; as follows: the Senate Committee on Commerce, Subject to the requirements of this sub- Science, and Transportation and the House section, for Louis Armstrong New Orleans At the appropriate place, insert the fol- of Representatives Committee on Transpor- International Airport and Lake Charles Re- lowing: tation and Infrastructure containing the gional Airport, the recovery of covered losses SEC. ll. POLLOCK MUNICIPAL AIRPORT, LOU- Comptroller General’s findings and rec- shall be treated as an eligible airport-related ISIANA. project under subsection (a)(3). ommendations. (a) FINDINGS.—Congress makes the fol- ‘‘(2) COVERED LOSSES DEFINED.—In this sub- lowing findings: section, the term ‘covered losses’ means SA 4582. Mr. SCHUMER (for himself, (1) Pollock Municipal Airport located in losses, including operating expenses, that— Mrs. CLINTON, Mr. LAUTENBERG, Mr. Pollock, Louisiana (in this section referred ‘‘(A) are incurred by an airport referred to MENENDEZ, Mrs. MURRAY, and Ms. to as the ‘‘airport’’), has never been included in paragraph (1) in the period beginning Au- in the National Plan of Integrated Airport CANTWELL) submitted an amendment gust 29, 2005, and ending December 31, 2008; Systems pursuant to section 47103 of title 49, intended to be proposed by him to the ‘‘(B) are directly and substantially related United States Code, and is therefore not con- bill H.R. 2881, to amend title 49, United to the continued operation of the airport fol- sidered necessary to meet the current or fu- States Code, to authorize appropria- lowing Hurricanes Katrina and Rita; and ture needs of the national aviation system. ‘‘(C) have not been recovered from another tions for the Federal Aviation Admin- (2) Closing the airport will not adversely source. istration for fiscal years 2008 through affect aviation safety, aviation capacity, or ‘‘(3) AMOUNT AND DURATION OF CHARGES.— 2011, to improve aviation safety and ca- air commerce. pacity, to provide stable funding for The Secretary may approve an application that an eligible agency has submitted under (b) REQUEST FOR CLOSURE.— the national aviation system, and for subsection (c) for authority to use not more (1) APPROVAL.—Notwithstanding any other provision of law, requirement, or agreement other purposes; which was ordered to than 1⁄2 of the collected passenger facility lie on the table; as follows: charge to finance the recovery of covered and subject to the requirements of this sec- Strike section 834 and insert the following: losses. tion, the Administrator of the Federal Avia- tion Administration shall— SEC. 834. EXEMPTION OF CERTAIN COMMERCIAL ‘‘(4) LIMITATION.—Notwithstanding any CARGO FROM THE HARBOR MAINTE- other provision of this subsection, the Sec- (A) approve a request from the town of Pol- NANCE TAX. retary shall not approve an application that lock, Louisiana, to close the airport as a (a) IN GENERAL.—Section 4462 is amended an eligible agency has submitted under sub- public airport; and by redesignating subsection (i) as subjection section (c) for authority to use not more (B) release the town from any term, condi- tion, reservation, or restriction contained in (j) and by inserting after subsection (h) the than 1⁄2 of the collected passenger facility following new subsection: charges to finance the recovery of covered a surplus property conveyance or transfer ‘‘(i) EXEMPTION FOR CERTAIN SHORT SEA losses by an airport if the Secretary and the document, and from any order or finding by SHIPPING CARGO.— eligible agency agree that covered losses in- the Department of Transportation on the use ‘‘(1) IN GENERAL.—No tax shall be imposed curred by the airport have been or will be re- and repayment of airport revenue applicable under section 4461(a) with respect to com- covered from another source. to the airport, that would otherwise prevent mercial cargo contained in intermodal cargo ‘‘(5) REPORTING REQUIREMENTS.—As part of the closure of the airport and redevelopment containers and loaded by crane on a vessel, an application that an eligible agency sub- of the facilities to nonaeronautical uses. or commercial cargo loaded on a vessel by mits under subsection (c) for authority to (2) CONTINUED AIRPORT OPERATION PRIOR TO APPROVAL.—The town of Pollock shall con- means of wheeled technology— use not more than 1⁄2 of the collected pas- ‘‘(A) that is loaded at a port in the United senger facility charge to finance the recov- tinue to operate and maintain the airport States mainland and unloaded at another ery of covered losses, the Secretary may re- until the Administrator grants the town’s re- port in the United States mainland after quire the submission of such information as quest for closure of the airport. transport solely by coastal route or river or the Secretary considers necessary— (3) USE OF PROCEEDS FROM SALE OF AIR- unloaded at a port in Canada located in the ‘‘(A) to verify the covered losses; PORT.—Upon the approval of the request to Great Lakes Saint Lawrence Seaway Sys- ‘‘(B) to ensure the covered losses are di- close the airport, the town of Pollock shall tem, or rectly and substantially related to the con- obtain fair market value for the sale of the ‘‘(B) that is loaded at a port in Canada lo- tinued operation of the airport following airport property and shall immediately upon cated in the Great Lakes Saint Lawrence Hurricanes Katrina and Rita; and receipt transfer all such proceeds from the Seaway System and unloaded at a port in ‘‘(C) to ensure that the covered losses have sale of the airport property to the sponsor of the United States mainland. not been recovered from any other funding a public airport designated by the Adminis- ‘‘(2) UNITED STATES MAINLAND.—For pur- source. trator to be used for the development or im- poses of this subsection, the term ‘United ‘‘(6) COMMUNITY DISASTER LOAN REPAY- provement of such airport. States mainland’ has the meaning given such MENTS.—A passenger facility charge col- (4) RELOCATION OF AIRCRAFT.—Before clo- term in subsection (b). lected pursuant to this subsection shall not sure of the airport, the town of Pollock shall ‘‘(3) GREAT LAKES SAINT LAWRENCE SEAWAY be treated as revenue of a local government provide adequate time for any airport-based SYSTEM.—For the purposes of this sub- for purposes of cancellation of repayment of aircraft to relocate. section, the term ‘Great Lakes Saint Law- all or any part of a community disaster loan rence Seaway System’ means the waterway made to the local government under section SA 4585. Mr. ROCKEFELLER (for between Duluth, Minnesota and Sept. Iles, 417(c) of the Robert T. Stafford Disaster Re- himself, Mr. INOUYE, Mr. BAUCUS, and Quebec, encompassing the five Great Lakes, lief and Emergency Assistance Act (42 U.S.C. Mr. GRASSLEY) proposed an amendment their connecting channels, and the Saint 5184(c)).’’. to the bill H.R. 2881, to amend title 49, Lawrence River.’’. (b) SPECIAL RULE RELATING TO COMMUNITY (b) EFFECTIVE DATE.—The amendments DISASTER LOANS.—A passenger facility United States Code, to authorize appro- made by this section shall take effect on the charge collected under section 40117 of title priations for the Federal Aviation Ad- date of enactment of this Act. 49, United States Code, and any amounts bor- ministration for fiscal years 2008

VerDate Aug 31 2005 03:30 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A29AP6.048 S29APPT1 CCOLEMAN on PRODPC75 with SENATE S3518 CONGRESSIONAL RECORD — SENATE April 29, 2008 through 2011, to improve aviation safe- Sec. 314. Rulemaking and report on ADS-B Sec. 608. Reauthorization of center of excel- ty and capacity, to provide stable fund- implementation. lence in applied research and ing for the national aviation system, Sec. 315. FAA task force on air traffic con- training in the use of advanced trol facility conditions. materials in transport aircraft. and for other purposes; as follows: Sec. 316. State ADS-B equipage bank pilot Sec. 609. Pilot program for zero emission Strike out all after the enacting program. airport vehicles. clause and insert the following: TITLE IV—AIRLINE SERVICE AND SMALL Sec. 610. Reduction of emissions from air- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. COMMUNITY AIR SERVICE IMPROVE- port power sources. (a) SHORT TITLE.—This Act may be cited as MENTS TITLE VII—MISCELLANEOUS the ‘‘Aviation Investment and Modernization Sec. 401. Airline contingency service re- Sec. 701. General authority. Act of 2008’’. quirements. Sec. 702. Human intervention management (b) TABLE OF CONTENTS.—The table of con- Sec. 402. Publication of customer service study. tents for this Act is as follows: data and flight delay history. Sec. 703. Airport program modifications. Sec. 1. Short title; table of contents. Sec. 403. EAS connectivity program. Sec. 704. Miscellaneous program extensions. Sec. 2. Amendments to title 49, United Sec. 404. Extension of final order estab- Sec. 705. Extension of competitive access re- States Code. lishing mileage adjustment eli- ports. Sec. 3. Effective date. gibility. Sec. 706. Update on overflights. Sec. 405. EAS contract guidelines. Sec. 707. Technical corrections. TITLE I—AUTHORIZATIONS AND Sec. 406. Conversion of former EAS airports. Sec. 708. FAA technical training and staff- FINANCING Sec. 407. EAS reform. ing. Sec. 101. Operations. Sec. 408. Clarification of air carrier fee dis- Sec. 709. Commercial air tour operators in Sec. 102. Air navigation facilities and equip- putes. national parks. ment. Sec. 409. Small community air service. Sec. 710. Phaseout of stage 1 and 2 aircraft. Sec. 103. Research and development. Sec. 410. Contract tower program. Sec. 711. Weight restrictions at teterboro Sec. 104. Airport planning and development Sec. 411. Airfares for members of the armed airport. and noise compatibility plan- forces. Sec. 712. Pilot program for redevelopment of ning and programs. Sec. 412. Expansion of DOT airline consumer airport properties. Sec. 105. Other aviation programs. complaint investigations. Sec. 713. Air carriage of international mail. Sec. 106. Delineation of next generation air Sec. 413. EAS marketing. Sec. 714. Transporting musical instruments. transportation system projects. Sec. 414. Extraperimetal and intraperimetal Sec. 715. Recycling plans for airports. Sec. 107. Funding for administrative ex- slots at Ronald Reagan Wash- Sec. 716. Consumer information pamphlet. penses for airport programs. ington National Airport. TITLE VIII—AMERICAN INFRASTRUC- TITLE II—AIRPORT IMPROVEMENTS Sec. 415. Establishment of advisory com- TURE INVESTMENT AND IMPROVE- mittee for aviation consumer Sec. 201. Reform of passenger facility charge MENT protection. Sec. 800. Short title, etc. authority. Sec. 416. Rural aviation improvement. Sec. 202. Passenger facility charge pilot pro- Subtitle A—Airport and Airway Trust Fund TITLE V—AVIATION SAFETY gram. Provisions and Related Taxes Sec. 501. Runway safety equipment plan. Sec. 203. Amendments to grant assurances. Sec. 801. Extension of taxes funding Airport Sec. 204. Government share of project costs. Sec. 502. Aircraft fuel tank safety improve- ment. and Airway Trust Fund. Sec. 205. Amendments to allowable costs. Sec. 802. Extension of Airport and Airway Sec. 206. Sale of private airport to public Sec. 503. Judicial review of denial of airman certificates. Trust Fund expenditure author- sponsor. ity. Sec. 207. Pilot program for airport takeover Sec. 504. Release of data relating to aban- doned type certificates and sup- Sec. 803. Modification of excise tax on ker- of air navigation facilities. osene used in aviation . Sec. 208. Government share of certain air plemental type certificates. Sec. 505. Design organization certificates. Sec. 804. Air Traffic Control System Mod- project costs. ernization Account. Sec. 209. Miscellaneous amendments. Sec. 506. FAA access to criminal history records or database systems. Sec. 805. Treatment of fractional aircraft Sec. 210. State block grant program. ownership programs. Sec. 211. Airport funding of special studies Sec. 507. Flight crew fatigue. Sec. 508. Increasing safety for helicopter Sec. 806. Termination of exemption for or reviews. small aircraft on nonestab- Sec. 212. Grant eligibility for assessment of emergency medical service op- erators. lished lines. flight procedures. Sec. 807. Transparency in passenger tax dis- Sec. 213. Safety-critical airports. Sec. 509. Cabin crew communication. Sec. 510. Clarification of memorandum of closures. Sec. 214. Expanded passenger facility charge understanding with osha. Sec. 808. Required funding of new accruals eligibility for noise compat- Sec. 511. Acceleration of development and under air carrier pension plans. ibility projects. implementation of required Subtitle B—Increased Funding for Highway Sec. 215. Environmental mitigation dem- navigation performance ap- Trust Fund onstration pilot program. proach procedures. Sec. 216. Allowable project costs for airport Sec. 811. Replenish emergency spending Sec. 512. Enhanced safety for airport oper- development program. from Highway Trust Fund. ations. Sec. 812. Suspension of transfers from high- Sec. 217. Glycol recovery vehicles. Sec. 513. Improved safety information. Sec. 218. Research improvement for aircraft. way trust fund for certain re- Sec. 514. Voluntary disclosure reporting payments and credit. TITLE III—FAA ORGANIZATION AND process improvements. Sec. 813. Taxation of taxable fuels in foreign REFORM Sec. 515. Procedural improvements for in- trade zones. Sec. 301. Air Traffic Control Modernization spections. Sec. 814. Clarification of penalty for sale of Oversight Board. Sec. 516. Independent review of safety issues. fuel failing to meet EPA regu- Sec. 302. ADS–B support pilot program. Sec. 517. National review team. lations. Sec. 303. Facilitation of next generation air Sec. 518. FAA Academy improvements. Sec. 815. Treatment of qualified alcohol fuel Sec. 519. Reduction of runway incursions traffic services. mixtures and qualified biodiesel and operational errors. Sec. 304. Clarification of authority to enter fuel mixtures as taxable fuels. into reimbursable agreements. TITLE VI—AVIATION RESEARCH Sec. 816. Calculation of volume of alcohol Sec. 305. Clarification to acquisition reform Sec. 601. Airport cooperative research pro- for fuel credits. authority. gram. Sec. 817. Bulk transfer exception not to Sec. 306. Assistance to other aviation au- Sec. 602. Reduction of noise, emissions, and apply to finished gasoline. thorities. energy consumption from civil- Sec. 818. Increase and extension of Oil Spill Sec. 307. Presidential rank award program. ian aircraft. Liability Trust Fund tax. Sec. 308. Next generation facilities needs as- Sec. 603. Production of clean coal fuel tech- Sec. 819. Application of rules treating in- sessment. nology for civilian aircraft. verted corporations as domestic Sec. 309. Next generation air transportation Sec. 604. Advisory committee on future of corporations to certain trans- system planning office. aeronautics. actions occurring after March Sec. 310. Definition of air navigation facil- Sec. 605. Research program to improve air- 20, 2002. ity. field pavements. Sec. 820. Denial of deduction for punitive Sec. 311. Improved management of property Sec. 606. Wake turbulence, volcanic ash, and damages. inventory. weather research. Sec. 821. Motor fuel tax enforcement advi- Sec. 312. Educational requirements. Sec. 607. Incorporation of unmanned aerial sory commission. Sec. 313. FAA personnel management sys- systems into FAA plans and Sec. 822. Highway Trust Fund conforming tem. policies. expenditure amendment.

VerDate Aug 31 2005 03:30 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0655 E:\CR\FM\A29AP6.067 S29APPT1 CCOLEMAN on PRODPC75 with SENATE April 29, 2008 CONGRESSIONAL RECORD — SENATE S3519 Subtitle C—Additional Infrastructure ‘‘(4) $194,000,000 for fiscal year 2011.’’; ‘‘(2) for fiscal year 2009, $85,000,000; Modifications and Revenue Provisions (2) by striking subsections (c) through (h); ‘‘(3) for fiscal year 2010, $89,000,000; and Sec. 831. Restructuring of New York Liberty and ‘‘(4) for fiscal year 2011, $93,000,000.’’. Zone tax credits. (3) by adding at the end the following: (b) CONFORMING AMENDMENT.—The chapter Sec. 832. Participants in government section ‘‘(c) RESEARCH GRANTS PROGRAM INVOLVING analysis for chapter 481 is amended by strik- 457 plans allowed to treat elec- UNDERGRADUATE STUDENTS.—The Adminis- ing the item relating to section 48105 and in- tive deferrals as Roth contribu- trator of the Federal Aviation Administra- serting the following: tions. tion shall establish a program to utilize un- ‘‘48105. Airport programs administrative ex- Sec. 833. Increased information return pen- dergraduate and technical colleges, includ- penses.’’. alties. ing Historically Black Colleges and Univer- TITLE II—AIRPORT IMPROVEMENTS sities, Hispanic Serving Institutions, tribally Sec. 834. Exemption of certain commercial SEC. 201. REFORM OF PASSENGER FACILITY cargo from harbor maintenance controlled colleges and universities, and CHARGE AUTHORITY. Alaska Native and Native Hawaiian serving tax. (a) PASSENGER FACILITY CHARGE STREAM- institutions in research on subjects of rel- Sec. 835. Credit to holders of qualified rail LINING.—Section 40117(c) is amended to read infrastructure bonds. evance to the Federal Aviation Administra- as follows: Sec. 836. Repeal of suspension of certain pen- tion. Grants may be awarded under this sub- ‘‘(c) PROCEDURAL REQUIREMENTS FOR IMPO- alties and interest. section for— SITION OF PASSENGER FACILITY CHARGE.— Sec. 837. Denial of deduction for certain ‘‘(1) research projects to be carried out at ‘‘(1) IN GENERAL.—An eligible agency must fines, penalties, and other primarily undergraduate institutions and submit to those air carriers and foreign air amounts. technical colleges; carriers operating at the airport with a sig- Sec. 838. Revision of tax rules on expatria- ‘‘(2) research projects that combine re- nificant business interest, as defined in para- tion. search at primarily undergraduate institu- graph (3), and to the Secretary and make SEC. 2. AMENDMENTS TO TITLE 49, UNITED tions and technical colleges with other re- available to the public annually a report, in STATES CODE. search supported by the Federal Aviation the form required by the Secretary, on the Except as otherwise expressly provided, Administration; status of the eligible agency’s passenger fa- whenever in this Act an amendment or re- ‘‘(3) research on future training require- cility charge program, including— peal is expressed in terms of an amendment ments on projected changes in regulatory re- ‘‘(A) the total amount of program revenue to, or a repeal of, a section or other provi- quirements for aircraft maintenance and held by the agency at the beginning of the 12 sion, the reference shall be considered to be power plant licensees; or months covered by the report; made to a section or other provision of title ‘‘(4) research on the impact of new tech- ‘‘(B) the total amount of program revenue 49, United States Code. nologies and procedures, particularly those collected by the agency during the period SEC. 3. EFFECTIVE DATE. related to aircraft flight deck and air traffic covered by the report; Except as otherwise expressly provided, management functions, and on training re- ‘‘(C) the amount of expenditures with pro- this Act and the amendments made by this quirements for pilots and air traffic control- gram revenue made by the agency on each Act shall take effect on the date of enact- lers.’’. eligible airport-related project during the pe- ment. SEC. 104. AIRPORT PLANNING AND DEVELOP- riod covered by the report; MENT AND NOISE COMPATIBILITY TITLE I—AUTHORIZATIONS AND ‘‘(D) each airport-related project for which PLANNING AND PROGRAMS. the agency plans to collect and use program FINANCING Section 48103 is amended by striking para- revenue during the next 12-month period cov- graphs (1) through (4) and inserting the fol- SEC. 101. OPERATIONS. ered by the report, including the amount of lowing: (a) IN GENERAL.—Section 106(k)(1) is revenue projected to be used for such project; ‘‘(1) $3,800,000,000 for fiscal year 2008; amended by striking subparagraphs (A) ‘‘(E) the level of program revenue the agen- ‘‘(2) $3,900,000,000 for fiscal year 2009; through (D) and inserting the following: cy plans to collect during the next 12-month ‘‘(3) $4,000,000,000 for fiscal year 2010; and ‘‘(A) $8,726,000,000 for fiscal year 2008; period covered by the report; ‘‘(4) $4,100,000,000 for fiscal year 2011.’’. ‘‘(B) $8,990,000,000 for fiscal year 2009; ‘‘(F) a description of the notice and con- ‘‘(C) $9,330,000,000 for fiscal year 2010; and SEC. 105. OTHER AVIATION PROGRAMS. sultation process with air carriers and for- ‘‘(D) $9,620,000,000 for fiscal year 2011.’’. Section 48114 is amended— eign air carriers under paragraph (3), and (b) SAFETY PROJECT.—Section 106(k)(2)(F) (1) by striking ‘‘2007’’ in subsection with the public under paragraph (4), includ- is amended by striking ‘‘2007’’ and inserting (a)(1)(A) and inserting ‘‘2011’’; ing a copy of any adverse comments received ‘‘2011’’. (2) by striking ‘‘2007,’’ in subsection (a)(2) and how the agency responded; and SEC. 102. AIR NAVIGATION FACILITIES AND and inserting ‘‘2011,’’; and ‘‘(G) any other information on the program EQUIPMENT. (3) by striking ‘‘2007’’ in subsection (c)(2) that the Secretary may require. Section 48101(a) is amended by striking and inserting ‘‘2011’’. ‘‘(2) IMPLEMENTATION.—Subject to the re- paragraphs (1) through (4) and inserting the SEC. 106. DELINEATION OF NEXT GENERATION quirements of paragraphs (3), (4), (5), and (6), following: AIR TRANSPORTATION SYSTEM the eligible agency may implement the ‘‘(1) $2,572,000,000 for fiscal year 2008; PROJECTS. planned collection and use of passenger facil- ‘‘(2) $2,923,000,000 for fiscal year 2009, of Section 44501(b) is amended— ity charges in accordance with its report which $400,000,000 is derived from the Air (1) by striking ‘‘and’’ after the semicolon upon filing the report as required in para- Traffic Control System Modernization Ac- in paragraph (3); graph (1). (2) by striking ‘‘defense.’’ in paragraph (4) count of the Airport and Airways Trust ‘‘(3) CONSULTATION WITH CARRIERS FOR NEW and inserting ‘‘defense; and’’; and Fund; PROJECTS.— ‘‘(3) $3,079,000,000 for fiscal year 2010, of (3) by adding at the end thereof the fol- ‘‘(A) An eligible agency proposing to col- which $400,000,000 is derived from the Air lowing: lect or use passenger facility charge revenue Traffic Control System Modernization Ac- ‘‘(5) a list of projects that are part of the for a project not previously approved by the count of the Airport and Airways Trust Next Generation Air Transportation System Secretary or not included in a report re- Fund; and and do not have as a primary purpose to op- quired by paragraph (1) that was submitted ‘‘(4) $3,317,000,000 for fiscal year 2011, of erate or maintain the current air traffic con- in a prior year shall provide to air carriers which $400,000,000 is derived from the Air trol system.’’. and foreign air carriers operating at the air- Traffic Control System Modernization Ac- SEC. 107. FUNDING FOR ADMINISTRATIVE EX- port reasonable notice, and an opportunity count of the Airport and Airways Trust PENSES FOR AIRPORT PROGRAMS. to comment on the planned collection and Fund.’’. (a) IN GENERAL.—Section 48105 is amended use of program revenue before providing the SEC. 103. RESEARCH AND DEVELOPMENT. to read as follows: report required under paragraph (1). The Sec- Section 48102 is amended— ‘‘§ 48105. Airport programs administrative ex- retary shall prescribe by regulation what (1) by striking subsection (a) and inserting penses constitutes reasonable notice under this the following: ‘‘Of the amount made available under sec- paragraph, which shall at a minimum in- ‘‘(a) IN GENERAL.—Not more than the fol- tion 48103 of this title, the following may be clude— lowing amounts may be appropriated to the available for administrative expenses relat- ‘‘(i) that the eligible agency provide to air Secretary of Transportation out of the Air- ing to the Airport Improvement Program, carriers and foreign air carriers operating at port and Airway Trust Fund established passenger facility charge approval and over- the airport written notice of the planned col- under section 9502 of the Internal Revenue sight, national airport system planning, air- lection and use of passenger facility charge Code of 1986 (26 U.S.C. 9502) for conducting port standards development and enforce- revenue; civil aviation research and development ment, airport certification, airport-related ‘‘(ii) that the notice include a full descrip- under sections 44504, 44505, 44507, 44509, and environmental activities (including legal tion and justification for a proposed project; 44511 through 44513 of this title: services), and other airport-related activities ‘‘(iii) that the notice include a detailed fi- ‘‘(1) $140,000,000 for fiscal year 2008. (including airport technology research), to nancial plan for the proposed project; and ‘‘(2) $191,000,000 for fiscal year 2009. remain available until expended— ‘‘(iv) that the notice include the proposed ‘‘(3) $191,000,000 for fiscal year 2010. ‘‘(1) for fiscal year 2008, $80,676,000; level for the passenger facility charge.

VerDate Aug 31 2005 03:30 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A29AP6.067 S29APPT1 CCOLEMAN on PRODPC75 with SENATE S3520 CONGRESSIONAL RECORD — SENATE April 29, 2008 ‘‘(B) An eligible agency providing notice and has failed to take corrective action, (C) by striking paragraph (2) and inserting and an opportunity for comment shall be prior to the filing of the objection; or the following: deemed to have satisfied the requirements of ‘‘(iv) in the case of a proposed increase in ‘‘(2) the project is an eligible airport-re- this paragraph if the eligible agency provides the passenger facility charge level, the level lated project; and’’; such notice to air carriers and foreign air is not authorized by this section. (D) by striking ‘‘each of the specific carriers that have a significant business in- ‘‘(D) Upon issuance of a decision termi- projects; and’’ in paragraph (3) and inserting terest at the airport. For purposes of this nating authority, the public agency shall ‘‘the project.’’; and subparagraph, the term ‘significant business prepare an accounting of passenger facility (E) by striking paragraph (4). interest’ means an air carrier or foreign air revenue collected under the terminated au- (3) LIMITATIONS ON IMPOSING CHARGES.— carrier that— thority and restore the funds for use on Section 40117(e)(1) is amended to read as fol- ‘‘(i) had not less than 1.0 percent of pas- other authorized projects. lows: ‘‘(1) An eligible agency may impose a senger boardings at the airport in the prior ‘‘(E) Except as provided in subparagraph passenger facility charge only subject to calendar year; (C), the eligible agency may implement the terms the Secretary may prescribe to carry ‘‘(ii) had at least 25,000 passenger boardings planned collection and use of a passenger fa- out the objectives of this section.’’. at the airport in the prior calendar year; or cility charge in accordance with its report (4) LIMITATIONS ON CONTRACTS, LEASES, AND ‘‘(iii) provides scheduled service at the air- upon filing the report as specified in para- USE AGREEMENTS.—Section 40117(f)(2) is port. graph (1)(A). amended by striking ‘‘long-term’’. ‘‘(C) Not later than 45 days after written ‘‘(6) APPROVAL REQUIREMENT FOR INCREASED (5) COMPLIANCE.—Section 40117(h) is amend- notice is provided under subparagraph (A), PASSENGER FACILITY CHARGE OR INTERMODAL ed— each air carrier and foreign air carrier may GROUND ACCESS PROJECT.— (A) by redesignating paragraph (3) as para- provide written comments to the eligible ‘‘(A) An eligible agency may not collect or graph (4); and agency indicating its agreement or disagree- use a passenger facility charge to finance an (B) by inserting after paragraph (2) the fol- ment with the project or, if applicable, the intermodal ground access project, or in- lowing: proposed level for a passenger facility crease a passenger facility charge, unless the ‘‘(3) The Secretary may, on complaint of charge. project is first approved by the Secretary in an interested person or on the Secretary’s ‘‘(D) The eligible agency may include, as accordance with this paragraph. own initiative, conduct an investigation into part of the notice and comment process, a ‘‘(B) The eligible agency may submit to the an eligible agency’s collection and use of consultation meeting to discuss the proposed Secretary an application for authority to im- passenger facility charge revenue to deter- project or, if applicable, the proposed level pose a passenger facility charge for an inter- mine whether a passenger facility charge is for a passenger facility charge. If the agency modal ground access project or to increase a excessive or that passenger facility revenue provides a consultation meeting, the written passenger facility charge. The application is not being used as provided in this section. comments specified in subparagraph (C) shall shall contain information and be in the form The Secretary shall prescribe regulations es- be due not later than 30 days after the meet- that the Secretary may require by regula- tablishing procedures for complaints and in- ing. tion but, at a minimum, must include copies vestigations. The regulations may provide ‘‘(4) PUBLIC NOTICE AND COMMENT.— of any comments received by the agency dur- for the issuance of a final agency decision ‘‘(A) An eligible agency proposing to col- ing the comment period described by sub- without resort to an oral evidentiary hear- lect or use passenger facility charge revenue paragraph (C). ing. The Secretary shall not accept com- for a project not previously approved by the ‘‘(C) Before submitting an application plaints filed under this paragraph until after Secretary or not included in a report re- under this paragraph, an eligible agency the issuance of regulations establishing com- quired by paragraph (1) that was filed in a must provide air carriers and foreign air car- plaint procedures.’’. prior year shall provide reasonable notice riers operating at the airport, and the public, (6) PILOT PROGRAM FOR PFC AT NONHUB AIR- and an opportunity for public comment on reasonable notice of and an opportunity to PORTS.—Section 40117(l) is amended— the planned collection and use of program comment on a proposed intermodal ground (A) by striking ‘‘(c)(2)’’ in paragraph (2) revenue before providing the report required access project or the increased passenger fa- and inserting ‘‘(c)(3)’’; and in paragraph (1). (B) by striking ‘‘date that is 3 years after ‘‘(B) The Secretary shall prescribe by regu- cility charge. Such notice and opportunity lation what constitutes reasonable notice to comment shall conform to the require- the date of issuance of regulations to carry under this paragraph, which shall at a min- ments of paragraphs (3) and (4). out this subsection.’’ in paragraph (7) and in- imum require— ‘‘(D) After receiving an application, the serting ‘‘date of issuance of regulations to ‘‘(i) that the eligible agency provide public Secretary may provide air carriers, foreign carry out subsection (c) of this section, as notice of intent to collect a passenger facil- air carriers and other interested persons no- amended by the Aviation Investment and ity charge so as to inform those interested tice and an opportunity to comment on the Modernization Act of 2008.’’. persons and agencies that may be affected; application. The Secretary shall make a (7) PROHIBITION ON APPROVING PFC APPLICA- ‘‘(ii) appropriate methods of publication, final decision on the application not later TIONS FOR AIRPORT REVENUE DIVERSION.—Sec- which may include notice in local news- than 120 days after receiving it.’’. tion 47111(e) is amended by striking ‘‘spon- papers of general circulation or other local (b) CONFORMING AMENDMENTS.— sor’’ the second place it appears in the first media, or posting of the notice on the agen- (1) REFERENCES.— sentence and all that follows and inserting cy’s Internet website; and (A) Section 40117(a) is amended— ‘‘sponsor. A sponsor shall not propose collec- ‘‘(iii) submission of public comments no (i) by striking ‘‘FEE’’ in the heading for tion or use of passenger facility charges for later than 45 days after the date of the publi- paragraph (5) and inserting ‘‘CHARGE’’; and any new projects under paragraphs (3) cation of the notice. (ii) by striking ‘‘fee’’ each place it appears through (6) of section 40117(c) unless the Sec- ‘‘(5) OBJECTIONS.— in paragraphs (5) and (6) and inserting retary determines that the sponsor has ‘‘(A) Any interested person may file with ‘‘charge’’. taken corrective action to address the viola- the Secretary a written objection to a pro- (B) Subsections (b), and subsections (d) tion and the violation no longer exists.’’. posed project included in a notice under this through (m), of section 40117 are amended— SEC. 202. PASSENGER FACILITY CHARGE PILOT paragraph provided that the filing is made (i) by striking ‘‘fee’’ or ‘‘fees’’ each place PROGRAM. within 30 days after submission of the report either appears and inserting ‘‘charge’’ or Section 40117 is amended by adding at the specified in paragraph (1). ‘‘charges’’, respectively; and end thereof the following: ‘‘(B) The Secretary shall provide not less (ii) by striking ‘‘FEE’’ in the subsection ‘‘(n) ALTERNATIVE PASSENGER FACILITY than 30 days for the eligible agency to re- caption for subsection (l), and ‘‘FEES’’ in the CHARGE COLLECTION PILOT PROGRAM.— spond to any filed objection. subsection captions for subsections (e) and ‘‘(1) IN GENERAL.—The Secretary shall es- ‘‘(C) Not later than 90 days after receiving (m), and inserting ‘‘CHARGE’’ and ‘‘CHARGES’’, tablish and conduct a pilot program at not the eligible agency’s response to a filed ob- respectively. more than 6 airports under which an eligible jection, the Secretary shall make a deter- (C) The caption for section 40117 is amend- agency may impose a passenger facility mination whether or not to terminate au- ed to read as follows: charge under this section without regard to thority to collect the passenger facility ‘‘§ 40117. Passenger facility charges’’. the dollar amount limitations set forth in charge for the project, based on the filed ob- paragraph (1) or (4) of subsection (b) if the jection. The Secretary shall state the rea- (D) The chapter analysis for chapter 401 is participating eligible agency meets the re- sons for any determination. The Secretary amended by striking the item relating to quirements of paragraph (2). section 40117 and inserting the following: may only terminate authority if— ‘‘(2) COLLECTION REQUIREMENTS.— ‘‘(i) the project is not an eligible airport ‘‘40117. Passenger facility charges.’’. ‘‘(A) DIRECT COLLECTION.—An eligible agen- related project; (2) LIMITATIONS ON APPROVING APPLICA- cy participating in the pilot program— ‘‘(ii) the eligible agency has not complied TIONS.—Section 40117(d) is amended— ‘‘(i) may collect the charge from the pas- with the requirements of this section or the (A) by striking ‘‘subsection (c) of this sec- senger at the facility, via the Internet, or in Secretary’s implementing regulations in pro- tion to finance a specific’’ and inserting any other reasonable manner; but posing the project; ‘‘subsection (c)(6) of this section to finance ‘‘(ii) may not require or permit the charge ‘‘(iii) the eligible agency has been found to an intermodal ground access’’; to be collected by an air carrier or foreign be in violation of section 47107(b) of this title (B) by striking ‘‘specific’’ in paragraph (1); air carrier for the flight segment.

VerDate Aug 31 2005 03:30 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A29AP6.067 S29APPT1 CCOLEMAN on PRODPC75 with SENATE April 29, 2008 CONGRESSIONAL RECORD — SENATE S3521

‘‘(B) PFC COLLECTION REQUIREMENT NOT TO ‘‘(2) the Secretary determines that the re- equipment transferred under this section APPLY.—Subpart C of part 158 of title 14, location or replacement is required due to a shall be considered a cost of providing air- Code of Federal Regulations, does not apply change in the Secretary’s design standards; field facilities and services under standards to the collection of the passenger facility and and guidelines issued by the Secretary under charge imposed by an eligible agency partici- ‘‘(3) the Secretary determines that the section 47129(b)(2) and may be recovered in pating in the pilot program.’’. change is beyond the control of the airport rates and charges assessed for use of the air- SEC. 203. AMENDMENTS TO GRANT ASSURANCES. sponsor.’’; and field. Section 47107 is amended— (2) by striking ‘‘facilities, including fuel ‘‘(e) DEFINITIONS.—In this section: (1) by striking ‘‘made;’’ in subsection farms and hangars,’’ in subsection (h) and in- ‘‘(1) SPONSOR.—The term ‘sponsor’ has the (a)(16)(D)(ii) and inserting ‘‘made, except serting ‘‘facilities, as defined by section meaning given that term in section 40102. that, if there is a change in airport design 47102,’’. ‘‘(2) TERMINAL AREA AIR NAVIGATION EQUIP- standards that the Secretary determines is SEC. 206. SALE OF PRIVATE AIRPORT TO PUBLIC MENT.—The term ‘terminal area air naviga- beyond the owner or operator’s control that SPONSOR. tion equipment’ means an air navigation fa- requires the relocation or replacement of an Section 47133(b) is amended— cility under section 40102, other than build- existing airport facility, the Secretary, upon (1) by resetting the text of the subsection ings used for air traffic control functions, the request of the owner or operator, may as an indented paragraph 2 ems from the left that exists to provide approach and landing grant funds available under section 47114 to margin; guidance to aircraft. pay the cost of relocating or replacing such (2) by inserting ‘‘(1)’’ before ‘‘Subsection’’; ‘‘(f) GUIDELINES.—The Administrator shall facility;’’; and issue advisory guidelines on the implementa- (2) by striking ‘‘purpose;’’ in subsection (3) by adding at the end thereof the fol- tion of the program. The guidelines shall not (c)(2)(A)(i) and inserting ‘‘purpose, which in- lowing: be subject to administrative rulemaking re- cludes serving as noise buffer land;’’; ‘‘(2) In the case of a privately owned air- quirements under subchapter II of chapter 5 (3) by striking ‘‘paid to the Secretary for port, subsection (a) shall not apply to the of title 5.’’. deposit in the Fund if another eligible proceeds from the sale of the airport to a (b) CONFORMING AMENDMENT.—The chapter project does not exist.’’ in subsection public sponsor if— analysis for chapter 445 is amended by in- (c)(2)(B)(iii) and inserting ‘‘reinvested in an- ‘‘(A) the sale is approved by the Secretary; serting after the item relating to section other project at the airport or transferred to ‘‘(B) funding is provided under this title for 44517 the following: another airport as the Secretary pre- the public sponsor’s acquisition; and ‘‘44518. Pilot program for airport takeover of scribes.’’; and ‘‘(C) an amount equal to the remaining terminal area air navigation (4) by redesignating paragraph (3) of sub- unamortized portion of the original grant, equipment.’’. section (c) as paragraph (4) and inserting amortized over a 20-year period, is repaid to SEC. 208. GOVERNMENT SHARE OF CERTAIN AIR after paragraph (2) the following: the Secretary by the private owner for de- PROJECT COSTS. ‘‘(3) In approving the reinvestment or posit in the Trust Fund for airport acquisi- Notwithstanding section 47109(a) of title 49, transfer of proceeds under paragraph tions. United States Code, the Federal govern- (2)(C)(iii), the Secretary shall give pref- ‘‘(3) This subsection shall apply to grants ment’s share of allowable project costs for a erence, in descending order, to— issued on or after October 1, 1996.’’. grant made in fiscal year 2008, 2009, 2010, or ‘‘(i) reinvestment in an approved noise SEC. 207. PILOT PROGRAM FOR AIRPORT TAKE- 2011 under chapter 471 of that title for a compatibility project; OVER OF AIR NAVIGATION FACILI- project described in paragraph (2) or (3) of ‘‘(ii) reinvestment in an approved project TIES. that section shall be 95 percent. that is eligible for funding under section (a) IN GENERAL.—Chapter 445 is amended SEC. 209. MISCELLANEOUS AMENDMENTS. by adding at the end the following new sec- 47117(e); (a) TECHNICAL CHANGES TO NATIONAL PLAN tion: ‘‘(iii) reinvestment in an airport develop- OF INTEGRATED AIRPORT SYSTEMS.—Section ment project that is eligible for funding ‘‘§ 44518. Pilot program for airport takeover 47103 is amended— under section 47114, 47115, or 47117 and meets of terminal area air navigation equipment (1) by striking ‘‘each airport to—’’ in sub- the requirements of this chapter; ‘‘(a) IN GENERAL.—Subject to the require- section (a) and inserting ‘‘the airport system ‘‘(iv) transfer to the sponsor of another ments of this section, the Administrator of to—’’; public airport to be reinvested in an ap- the Federal Aviation Administrator may (2) by striking ‘‘system in the particular proved noise compatibility project at such carry out a pilot program under which the area;’’ in subsection (a)(1) and inserting airport; and Administrator may transfer ownership, oper- ‘‘system, including connection to the surface ‘‘(v) payment to the Secretary for deposit ating, and maintenance responsibilities for transportation network; and’’; in the Airport and Airway Trust Fund estab- airport terminal area air navigation equip- (3) by striking ‘‘aeronautics; and’’ in sub- lished under section 9502 of the Internal Rev- ment to sponsors of not more than 10 air- section (a)(2) and inserting ‘‘aeronautics.’’; enue Code of 1986 (26 U.S.C. 9502).’’. ports. (4) by striking subsection (a)(3); SEC. 204. GOVERNMENT SHARE OF PROJECT ‘‘(b) TERMS AND CONDITIONS OF TRANSFER (5) by striking paragraph (2) of subsection COSTS. FOR AIRPORT SPONSORS.—As a condition of (b) and redesignating paragraph (3) as para- (a) FEDERAL SHARE.—Section 47109 is participating in this pilot program the spon- graph (2); amended— sor shall agree that the sponsor will— (6) by striking ‘‘operations, Short Takeoff (1) by striking ‘‘subsection (b) or sub- ‘‘(1) operate and maintain all of the air and Landing/Very Short Takeoff and Land- section (c)’’ in subsection (a) and inserting navigation equipment that is subject to this ing aircraft operations,’’ in subsection (b)(2), ‘‘subsection (b), (c), or (e)’’; and section at the airport in accordance with as redesignated, and inserting ‘‘operations’’; (2) by adding at the end the following: standards established by the Administrator; and ‘‘(e) SPECIAL RULE FOR TRANSITION FROM ‘‘(2) permit the Administrator or a person (7) by striking ‘‘status of the’’ in sub- SMALL HUB TO MEDIUM HUB STATUS.—If the designated by the Administrator to conduct section (d). status of a small hub primary airport inspections of the air navigation equipment (b) UPDATE VETERANS PREFERENCE DEFINI- changes to a medium hub primary airport, under a schedule established by the Adminis- TION.—Section 47112(c) is amended— the United States Government’s share of al- trator; and (1) by striking ‘‘separated from’’ in para- lowable project costs for the airport may not ‘‘(3) acquire and maintain new air naviga- graph (1)(B) and inserting ‘‘discharged or re- exceed 95 percent for 2 fiscal years following tion equipment as needed to replace facili- leased from active duty in’’; such change in hub status.’’. ties that have to be replaced at the end of (2) by adding at the end of paragraph (1) (b) TRANSITIONING AIRPORTS.—Section their useful life or to meet new standards es- the following: 47114(f)(3)(B) is amended by striking ‘‘year tablished by the Administrator. ‘‘(C) ‘Afghanistan-Iraq war veteran’ means 2004.’’ and inserting ‘‘years 2008, 2009, 2010, ‘‘(c) TERMS AND CONDITIONS OF TRANSFER an individual who served on active duty, as and 2011.’’. FOR THE ADMINISTRATOR.—When the Admin- defined by section 101(21) of title 38, at any SEC. 205. AMENDMENTS TO ALLOWABLE COSTS. istrator approves a sponsor’s participation in time in the armed forces for a period of more Section 47110 is amended— this pilot program, the Administrator shall— than 180 consecutive days, any part of which (1) by striking subsection (d) and inserting ‘‘(1) transfer, at no cost to the sponsor, the occurred during the period beginning on Sep- the following: title and ownership of the air navigation tember 11, 2001, and ending on the date pre- ‘‘(d) RELOCATION OF AIRPORT-OWNED FACILI- equipment facilities approved for transfer scribed by Presidential proclamation or by TIES.—The Secretary may determine that under this program; and law as the last date of Operation Iraqi Free- the costs of relocating or replacing an air- ‘‘(2) transfer, at no cost to the sponsor, the dom.’’; and port-owned facility are allowable for an air- government’s property interest in the land (3) by striking ‘‘veterans and’’ in para- port development project at an airport only on which the air navigation facilities trans- graph (2) and inserting ‘‘veterans, Afghani- if— ferred under paragraph (1) are located. stan-Iraq war veterans, and’’. ‘‘(1) the Government’s share of such costs ‘‘(d) TREATMENT OF AIRPORT COSTS UNDER (c) ANNUAL REPORT.—Section 47131(a) is is paid with funds apportioned to the airport PILOT PROGRAM.—Upon transfer by the Ad- amended— sponsor under sections 47114(c)(1) or ministrator, any costs incurred by the air- (1) by striking ‘‘April 1’’ and inserting 47114(d)(2); port for ownership and maintenance of the ‘‘June 1’’; and

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STATE BLOCK GRANT PROGRAM. and inserting the following: nonscheduled service totals 10,000 or more in Section 47128 is amended— ‘‘(1) a summary of airport development and the calendar year in which the airport does (1) by striking ‘‘regulations’’ each place it planning completed; not meet the criteria for a primary airport appears in subsection (a) and inserting ‘‘(2) a summary of individual grants issued; under section 47102 of this title; or ‘‘guidance’’; ‘‘(3) an accounting of discretionary and ap- ‘‘(III) if the documented interruption to (2) by striking ‘‘grant;’’ in subsection (b)(4) portioned funds allocated; scheduled service at the airport was equal to and inserting ‘‘grant, including Federal envi- ‘‘(4) the allocation of appropriations; and’’. 4 percent of the scheduled flights in calendar ronmental requirements or an agreed upon (d) SUNSET OF PROGRAM.—Section 47137 is year 2006, exclusive of cancellations due to equivalent;’’; repealed effective September 30, 2008. severe weather conditions, and the airport is (3) by redesignating subsection (c) as sub- (e) CORRECTION TO EMISSION CREDITS PROVI- served by a single air carrier.’’; section (d) and inserting after subsection (b) SION.—Section 47139 is amended— (2) by redesignating subparagraphs (F) and the following: (1) by striking ‘‘47102(3)(F),’’ in subsection (G) as (G) and (H), respectively, and inserting ‘‘(c) PROJECT ANALYSIS AND COORDINATION (a); after subparagraph (E) the following: REQUIREMENTS.—Any Federal agency that (2) by striking ‘‘47102(3)(F),’’ in subsection ‘‘(F) For fiscal years 2009 through 2012, must approve, license, or permit a proposed (b); with regard to an airport that meets the cri- action by a participating State shall coordi- (3) by striking ‘‘47102(3)(L), or 47140’’ in teria described in paragraph (E)(iii), if the nate and consult with the State. The agency subsection (b) and inserting ‘‘or 47102(3)(L),’’; calendar year passenger boardings for the shall utilize the environmental analysis pre- (4) by striking ‘‘47103(3)(F), in subsection calculation of apportionments under this pared by the State, provided it is adequate, (b); section fall below 10,000 passenger boardings, or supplement that analysis as necessary to (5) by striking ‘‘47102(3)(L), or 47140,’’ in the Secretary may use the passenger meet applicable Federal requirements.’’; and subsection (b) and inserting ‘‘or 47102(3)(L),’’. boardings for the last fiscal year in which (4) by adding at the end the following: (f) CORRECTION TO SURPLUS PROPERTY AU- passenger boardings exceeded 10,000 for cal- ‘‘(e) PILOT PROGRAM.—The Secretary shall THORITY.—Section 47151(e) is amended by culating apportionments.’’. establish a pilot program for up to 3 States striking ‘‘(other than real property that is (l) Section 47102(3) is amended by adding at that do not participate in the program estab- subject to section 2687 of title 10, section 201 the end the following: lished under subsection (a) that is consistent of the Defense Authorization Amendments ‘‘(M) construction of mobile refueler park- with the program under subsection (a).’’. ing within a fuel farm at a nonprimary air- and Base Closure and Realignment Act (10 SEC. 211. AIRPORT FUNDING OF SPECIAL STUD- U.S.C. 2687 note), or section 2905 of the De- port meeting the requirements of section IES OR REVIEWS. 112.8 of title 40, Code of Federal Regula- fense Base Closure and Realignment Act of Section 47173(a) is amended by striking 1990 (10 U.S.C. 2687 note),’’. tions.’’. (m) Section 47115(g)(1) is amended by strik- ‘‘project.’’ and inserting ‘‘project, or to con- (g) AIRPORT CAPACITY BENCHMARK RE- duct special environmental studies related PORTS; DEFINITION OF JOINT USE AIRPORT.— ing ‘‘of—’’ and all that follows and inserting ‘‘of $520,000,000. The amount credited is ex- to a federally funded airport project or for Section 47175 is amended— special studies or reviews to support ap- (1) by striking ‘‘Airport Capacity Bench- clusive of amounts that have been appor- tioned in a prior fiscal year under section proved noise compatibility measures in a mark Report 2001.’’ in paragraph (2) and in- Part 150 program or environmental mitiga- serting ‘‘2001 and 2004 Airport Capacity 47114 of this title and that remain available for obligation.’’. tion in a Federal Aviation Administration Benchmark Reports or of the most recent Record of Decision or Finding of No Signifi- Benchmark report.’’; and (n) Section 47114(c) is amended by adding at the end thereof the following: cant Impact.’’. (2) by adding at the end thereof the fol- ‘‘(3) AIRPORTS SERVED BY LARGE CERTIFI- SEC. 212. GRANT ELIGIBILITY FOR ASSESSMENT lowing: CATED CARRIERS.— OF FLIGHT PROCEDURES. ‘‘(7) JOINT USE AIRPORT.—The term ‘joint ‘‘(A) APPORTIONMENT.—The Secretary shall Section 47504 is amended by adding at the use airport’ means an airport owned by the apportion to the sponsor of an airport that end the following: United States Department of Defense, at received scheduled air service from a large ‘‘(e) GRANTS FOR ASSESSMENT OF FLIGHT which both military and civilian aircraft certificated air carrier (as defined in part 241 PROCEDURES.— make shared use of the airfield.’’. of title 14, Code of Federal Regulations) an ‘‘(1) The Secretary is authorized in accord- (h) CARGO AIRPORTS.—Section 47114(c)(2)(A) amount equal to the minimum apportion- ance with subsection (c)(1) to make a grant is amended by striking ‘‘3.5 percent’’ and in- ment specified in paragraph (1) of this sub- to an airport operator to assist in com- serting ‘‘4.0 percent’’. section. pleting environmental review and assess- (i) USE OF APPORTIONED AMOUNTS.—Section 47117(e)(1)(A) is amended— ‘‘(B) LIMITATION.—The apportionment ment activities for proposals to implement (1) by striking ‘‘35 percent’’ in the first under subparagraph (A) shall be made avail- flight procedures that have been approved able to an airport sponsor only if— sentence and inserting ‘‘$300,000,000’’; for airport noise compatibility planning pur- ‘‘(i) the large certificated air carrier began (2) by striking ‘‘and’’ after ‘‘47141,’’; poses under subsection (b). scheduled air service at the airport in May (3) by striking ‘‘et seq.).’’ and inserting ‘‘et ‘‘(2) The Administrator of the Federal 2006 and ceased scheduled air service at the seq.), and for water quality mitigation Aviation Administration may accept funds airport in October 2006; and projects to comply with the Act of June 30, from an airport sponsor, including funds pro- ‘‘(ii) the Secretary determines that the air- 1948 (33 U.S.C. 1251 et seq.) approved in an en- vided to the sponsor under paragraph (1), to port had more than 10,000 passenger vironmental record of decision for an airport hire additional staff or obtain the services of boardings in the preceding calendar year, development project under this title.’’; and consultants in order to facilitate the timely based on data submitted to the Secretary (4) by striking ‘‘such 35 percent require- processing, review and completion of envi- under part 241 of title 14, Code of Federal ment is’’ in the second sentence and insert- ronmental activities associated with pro- Regulations.’’. posals to implement flight procedures sub- ing ‘‘the requirements of the preceding sen- (o) Subparagraph (H) of section 47114(c)(1), tence are’’. mitted and approved for airport noise com- as redesignated by subsection (k)(2) of this patibility planning purposes in accordance (j) USE OF APPORTIONED AMOUNTS.—An section, is amended— amount apportioned under section 47114 of with this section. Funds received under this (1) by striking ‘‘FISCAL YEAR 2006’’ in the authority shall not be subject to the proce- title 49, United States Code, or made avail- subparagraph heading and inserting ‘‘FISCAL able under section 47115 of that title, to the dures applicable to the receipt of gifts by the YEARS 2008 THROUGH 2011.—’’; Administrator.’’. sponsor of a reliever airport the crosswind (2) by striking ‘‘fiscal year 2006’’ and in- runway of which was closed as a result of a serting ‘‘each of fiscal years 2008 through SEC. 213. SAFETY-CRITICAL AIRPORTS. Record of Decision dated September 3, 2004, 2011’’; and Section 47118(c) is amended— shall be available for project costs associated (3) by striking clause (i) and inserting the (1) by striking ‘‘or’’ after the semicolon in with the establishment of a new crosswind following: paragraph (1); runway. ‘‘(i) the average annual passenger (2) by striking ‘‘delays.’’ in paragraph (2) (k) USE OF PREVIOUS FISCAL YEAR’S APPOR- boardings at the airport for calendar years and inserting ‘‘delays; or’’; and TIONMENT.—Section 47114(c)(1) is amended— 2004 through 2006 were below 10,000 per (3) by adding at the end the following: (1) by striking ‘‘airport due to an employ- year;’’; and ‘‘(3) be critical to the safety of commer- ment action, natural disaster, or other event (4) by striking ‘‘2000 or 2001;’’ in clause (ii) cial, military, or general aviation in trans- unrelated to the demand for air transpor- and inserting ‘‘2003’’. oceanic flights.’’. tation at the affected airport.’’ in subpara- (p) Section 47114 is amended by adding at SEC. 214. EXPANDED PASSENGER FACILITY graph (E)(iii) and inserting ‘‘airport— the end thereof the following: CHARGE ELIGIBILITY FOR NOISE ‘‘(I) if it is included in the essential air ‘‘(g) APPROACH LIGHTING SYSTEM.—Any COMPATIBILITY PROJECTS. service program in the calendar year in amount apportioned for airport 03-02-0133 Section 40117(b) is amended by adding at which the passenger boardings fall below under the National Plan of Integrated Air- the end the following: 9,700; port Systems may be utilized in any fiscal ‘‘(7) NOISE MITIGATION FOR CERTAIN ‘‘(II) if at the airport the total passenger year for approach lighting systems including SCHOOLS.— boardings from large certificated air carriers a medium intensity approach lighting sys- ‘‘(A) IN GENERAL.—In addition to the uses (as defined in part 241 of title 14, Code of Fed- tem with runway alignment lights.’’. specified in paragraphs (1), (4), and (6), the

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Secretary may authorize a passenger facility ‘‘(e) MAXIMUM AMOUNT.—Not more than Secretary shall establish and appoint the charge imposed under paragraph (1) or (4) at $2,500,000 may be made available by the Sec- members of an advisory Board which shall be a large hub airport that is the subject of an retary in grants under this section for any known as the Air Traffic Control Moderniza- amended judgment and final order in con- single project. tion Oversight Board. demnation filed on January 7, 1980, by the ‘‘(f) IDENTIFYING BEST PRACTICES.—The Ad- ‘‘(2) MEMBERSHIP.—The Board shall be com- Superior Court of the State of California for ministrator may develop and publish infor- prised of 7 members, who shall consist of— the county of Los Angeles, to be used for a mation identifying best practices for reduc- ‘‘(A) the Administrator of the Federal project to carry out noise mitigation for a ing or mitigating aviation impacts on noise, Aviation Administration and a representa- building, or for the replacement of a air quality, or water quality in the vicinity tive from the Department of Defense; relocatable building with a permanent build- of airports, based on the projects carried out ‘‘(B) 1 member who shall have a fiduciary ing, in the noise impacted area surrounding under the pilot program. responsibility to represent the public inter- the airport at which such building is used ‘‘(g) DEFINITIONS.—In this section: est; and primarily for educational purposes, notwith- ‘‘(1) ELIGIBLE CONSORTIUM.—The term ‘eli- ‘‘(C) 4 members representing aviation in- standing the air easement granted or any gible consortium’ means a consortium that terests, as follows: terms to the contrary in such judgment and comprises 2 or more of the following entities: ‘‘(i) 1 representative that is the chief exec- final order, if— ‘‘(A) Businesses incorporated in the United utive officer of an airport. ‘‘(i) the Secretary determines that the States. ‘‘(ii) 1 representative that is the chief exec- building is adversely affected by airport ‘‘(B) Public or private educational or re- utive officer of a passenger or cargo air car- noise; search organizations located in the United rier. ‘‘(ii) the building is owned or chartered by States. ‘‘(iii) 1 representative of a labor organiza- the school district that was the plaintiff in ‘‘(C) Entities of State or local governments tion representing employees at the Federal case number 986,442 or 986,446, which was re- in the United States. Aviation Administration that are involved solved by such judgment and final order; ‘‘(D) Federal laboratories. with the operation, maintenance or procure- ‘‘(iii) the project is for a school identified ‘‘(2) ENVIRONMENTAL MITIGATION DEM- ment of the air traffic control system. in 1 of the settlement agreements effective ONSTRATION PROJECT.—The term ‘environ- ‘‘(iv) 1 representative with extensive oper- February 16, 2005, between the airport and mental mitigation demonstration project’ ational experience in the general aviation each of the school districts; means a project that— community. ‘‘(iv) in the case of a project to replace a ‘‘(A) introduces new conceptual environ- ‘‘(3) APPOINTMENT AND QUALIFICATIONS.— relocatable building with a permanent build- mental mitigation techniques or technology ‘‘(A) Members of the Board appointed ing, the eligible project costs are limited to with associated benefits, which have already under paragraphs (2)(B) and (2)(C) shall be the actual structural construction costs nec- been proven in laboratory demonstrations; appointed by the President, by and with the essary to mitigate aircraft noise in instruc- ‘‘(B) proposes methods for efficient adapta- tional classrooms to an interior noise level tion or integration of new concepts to air- advice and consent of the Senate. meeting current standards of the Federal port operations; and ‘‘(B) Members of the Board appointed Aviation Administration; and ‘‘(C) will demonstrate whether new tech- under paragraph (2)(B) shall be citizens of ‘‘(v) the project otherwise meets the re- niques or technology for environmental the United States and shall be appointed quirements of this section for authorization mitigation identified in research are— without regard to political affiliation and of a passenger facility charge. ‘‘(i) practical to implement at or near mul- solely on the basis of their professional expe- ‘‘(B) ELIGIBLE PROJECT COSTS.—In subpara- tiple public use airports; and rience and expertise in one or more of the graph (A)(iv), the term ‘eligible project ‘‘(ii) capable of reducing noise, airport following areas and, in the aggregate, should costs’ means the difference between the cost emissions, or water quality impacts in meas- collectively bring to bear expertise in— of standard school construction and the cost urably significant amounts.’’. ‘‘(i) management of large service organiza- of construction necessary to mitigate class- (b) CONFORMING AMENDMENT.—The chapter tions; room noise to the standards of the Federal analysis for chapter 471 is amended by in- ‘‘(ii) customer service; Aviation Administration.’’. serting after the item relating to section ‘‘(iii) management of large procurements; SEC. 215. ENVIRONMENTAL MITIGATION DEM- 47142 the following: ‘‘(iv) information and communications technology; ONSTRATION PILOT PROGRAM. ‘‘47143. Environmental mitigation dem- ‘‘(v) organizational development; and (a) PILOT PROGRAM.—Subchapter I of chap- onstration pilot program’’. ter 471 is amended by adding at the end ‘‘(vi) labor relations. SEC. 216. ALLOWABLE PROJECT COSTS FOR AIR- thereof the following: ‘‘(4) FUNCTIONS.— PORT DEVELOPMENT PROGRAM. ‘‘§ 47143. Environmental mitigation dem- ‘‘(A) IN GENERAL.—The Board shall— Section 47110(c) of title 49, United States ‘‘(i) review and provide advice on the Ad- onstration pilot program Code, is amended— ministration’s modernization programs, ‘‘(a) IN GENERAL.—The Secretary of Trans- (1) by striking ‘‘; or’’ in paragraph (1) and budget, and cost accounting system; portation shall carry out a pilot program in- inserting a semicolon; ‘‘(ii) review the Administration’s strategic volving not more than 6 projects at public- (2) by striking ‘‘project.’’ in paragraph (2) plan and make recommendations on the non- use airports under which the Secretary may and inserting ‘‘project; or’’; and safety program portions of the plan, and pro- make grants to sponsors of such airports (3) by adding at the end the following: vide advice on the safety programs of the from funds apportioned under paragraph ‘‘(3) necessarily incurred in anticipation of plan; 47117(e)(1)(A) for use at such airports for en- severe weather.’’. vironmental mitigation demonstration ‘‘(iii) review the operational efficiency of projects that will measurably reduce or miti- SEC. 217. GLYCOL RECOVERY VEHICLES. the air traffic control system and make rec- gate aviation impacts on noise, air quality Section 47102(3)(G) is amended by inserting ommendations on the operational and per- or water quality in the vicinity of the air- ‘‘including acquiring glycol recovery vehi- formance metrics for that system; port. Notwithstanding any other provision of cles,’’ after ‘‘aircraft,’’. ‘‘(iv) approve procurements of air traffic this subchapter, an environmental mitiga- SEC. 218. RESEARCH IMPROVEMENT FOR AIR- control equipment in excess of $100,000,000; tion demonstration project approved under CRAFT. ‘‘(v) approve by July 31 of each year the this section shall be treated as eligible for Section 44504(b) is amended— Administrator’s budget request for facilities assistance under this subchapter. (1) by striking ‘‘and’’ after the semicolon and equipment prior to its submission to the ‘‘(b) PARTICIPATION IN PILOT PROGRAM.—A in paragraph (6); Office of Management and budget, including public-use airport shall be eligible for par- (2) by striking ‘‘aircraft.’’ in paragraph (7) which programs are proposed to be funded ticipation in the pilot. and inserting ‘‘aircraft; and’’; and from the Air Traffic control system Mod- ‘‘(c) SELECTION CRITERIA.—In selecting (3) by adding at the end thereof the fol- ernization Account of the Airport and Air- from among applicants for participation in lowing: way Trust Fund; the pilot program, the Secretary may give ‘‘(8) to conduct research to support pro- priority consideration to environmental ‘‘(vi) approve the Federal Aviation Admin- grams designed to reduce gases and particu- istration’s Capital Investment Plan prior to mitigation demonstration projects that— lates emitted.’’. ‘‘(1) will achieve the greatest reductions in its submission to the Congress; aircraft noise, airport emissions, or airport TITLE III—FAA ORGANIZATION AND ‘‘(vii) annually approve the Operational water quality impacts either on an absolute REFORM Evolution Plan; basis, or on a per-dollar-of-funds expended SEC. 301. AIR TRAFFIC CONTROL MODERNIZA- ‘‘(viii) approve the Administrator’s selec- basis; and TION OVERSIGHT BOARD. tion of a Chief Operating Officer for the Air ‘‘(2) will be implemented by an eligible Section 106(p) is amended to read as fol- Traffic Organization and on the appointment consortium. lows: and compensation of its managers; and ‘‘(d) FEDERAL SHARE.—Notwithstanding ‘‘(p) AIR TRAFFIC CONTROL MODERNIZATION ‘‘(ix) approve the selection of the head of any other provision of this subchapter, the OVERSIGHT BOARD.— the Joint Planning Development Office. United States Government’s share of the ‘‘(1) ESTABLISHMENT.—Within 90 days after ‘‘(B) MEETINGS.—The Board shall meet on a costs of a project carried out under this sec- the date of enactment of the Aviation In- regular and periodic basis or at the call of tion shall be 50 percent. vestment and Modernization Act of 2008, the the Chairman or of the Administrator.

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‘‘(C) ACCESS TO DOCUMENTS AND STAFF.— of title 5 and except as provided under sub- 2 or more State or local governments meet- The Administration may give the Board ap- paragraph (J). ing the definition of a sponsor under section propriate access to relevant documents and ‘‘(J) EXPENSES.—Each member of the Board 47102 of this title.’’. personnel of the Administration, and the Ad- shall be paid actual travel expenses and per (b) CONFORMING AMENDMENT.—The chapter ministrator shall make available, consistent diem in lieu of subsistence expenses when analysis for chapter 445 is amended by in- with the authority to withhold commercial away from his or her usual place of resi- serting after the item relating to section and other proprietary information under sec- dence, in accordance with section 5703 of 44518 the following: tion 552 of title 5, cost data associated with title 5. ‘‘44519. ADS–B support pilot program.’’. the acquisition and operation of air traffic ‘‘(K) BOARD RESOURCES.—From resources SEC. 303. FACILITATION OF NEXT GENERATION control systems. Any member of the Board otherwise available to the Administrator, AIR TRAFFIC SERVICES. who receives commercial or other propri- the Chairman shall appoint such staff to as- Section 106(l) is amended by adding at the etary data from the Administrator shall be sist the board and provide impartial anal- end the following: subject to the provisions of section 1905 of ysis, and the Administrator shall make ‘‘(7) AIR TRAFFIC SERVICES.—In deter- title 18, pertaining to unauthorized disclo- available to the Board such information and mining what actions to take, by rule or sure of such information. administrative services and assistance, as through an agreement or transaction under ‘‘(5) FEDERAL ADVISORY COMMITTEE ACT NOT may reasonably be required to enable the paragraph (6) or under section 44502, to per- TO APPLY.—The Federal Advisory Committee Board to carry out its responsibilities under mit non-government providers of commu- Act (5 U.S.C. App.) shall not apply to the this subsection. nications, navigation, surveillance or other Board or such rulemaking committees as the ‘‘(L) QUORUM AND VOTING.—A simple major- services to provide such services in the Na- Administrator shall designate. ity of members of the Board duly appointed tional Airspace System, or to require the ‘‘(6) ADMINISTRATIVE MATTERS.— shall constitute a quorum. A majority vote usage of such services, the Administrator ‘‘(A) TERMS OF MEMBERS.—Members of the of members present and voting shall be re- shall consider whether such actions would— Board appointed under paragraph (2)(B) and quired for the Committee to take action. ‘‘(A) promote the safety of life and prop- (2)(C) shall be appointed for a term of 4 ‘‘(7) AIR TRAFFIC CONTROL SYSTEM DE- erty; years. FINED.—In this subsection, the term ‘air traf- ‘‘(B) improve the efficiency of the National ‘‘(B) REAPPOINTMENT.—No individual may fic control system’ has the meaning given Airspace System and reduce the regulatory be appointed to the Board for more than 8 that term in section 40102(a).’’. burden upon National Airspace System years total. SEC. 302. ADS–B SUPPORT PILOT PROGRAM. users, based upon sound engineering prin- ‘‘(C) VACANCY.—Any vacancy on the Board (a) IN GENERAL.—Chapter 445, as amended ciples, user operational requirements, and shall be filled in the same manner as the by section 207, is amended by adding at the marketplace demands; original position. Any member appointed to end the following: ‘‘(C) encourage competition and provide fill a vacancy occurring before the expira- ‘‘§ 44519. ADS–B support pilot program tion of the term for which the member’s services to the largest feasible number of ‘‘(a) IN GENERAL.—The Secretary may users; and predecessor was appointed shall be appointed carry out a pilot program to support non- for a term of 4 years. ‘‘(D) take into account the unique role Federal acquisition of National Airspace served by general aviation.’’. ‘‘(D) CONTINUATION IN OFFICE.—A member System compliant Automatic Dependent of the Board whose term expires shall con- SEC. 304. CLARIFICATION OF AUTHORITY TO Surveillance-Broadcast (ADS–B) ground sta- ENTER INTO REIMBURSABLE tinue to serve until the date on which the tions if— member’s successor takes office. AGREEMENTS. ‘‘(1) the Secretary determines that acquisi- Section 106(m) is amended by striking ‘‘(E) REMOVAL.—Any member of the Board tion of the ground stations benefits the im- appointed under paragraph (2)(B) or (2)(C) ‘‘without’’ in the last sentence and inserting provement of safety or capacity in the Na- ‘‘with or without’’. may be removed by the President for cause. tional Airspace System; ‘‘(F) CLAIMS AGAINST MEMBERS OF THE SEC. 305. CLARIFICATION TO ACQUISITION RE- ‘‘(2) the ground stations provide the re- FORM AUTHORITY. BOARD.— quired transmit and receive data formats ‘‘(i) IN GENERAL.—A member appointed to Section 40110(c) is amended— consistent with the National Airspace Sys- (1) by inserting ‘‘and’’ after the semicolon the Board shall have no personal liability tem architecture at the appropriate service under State or Federal law with respect to in paragraph (3); delivery point; and (2) by striking paragraph (4); and any claim arising out of or resulting from an ‘‘(3) the ground stations acquired under act or omission by such member within the (3) by redesignating paragraph (5) as para- this program are supplemental to ground graph (4). scope of service as a member of the Board. stations established under programs admin- ‘‘(ii) EFFECT ON OTHER LAW.—This subpara- istered by the Administrator of the Federal SEC. 306. ASSISTANCE TO OTHER AVIATION AU- THORITIES. graph shall not be construed— Aviation Administration. Section 40113(e) is amended— ‘‘(I) to affect any other immunity or pro- ‘‘(b) PROJECT GRANTS.— tection that may be available to a member ‘‘(1) For purposes of carrying out the pilot (1) by inserting ‘‘(whether public or pri- of the Board under applicable law with re- program and notwithstanding the require- vate)’’ in paragraph (1) after ‘‘authorities’’; spect to such transactions; ments of section 47114(d), the Secretary may (2) by striking ‘‘safety.’’ in paragraph (1) ‘‘(II) to affect any other right or remedy make a project grant out of funds appor- and inserting ‘‘safety or efficiency. The Ad- against the United States under applicable tioned under section 47114(d)(2) to not more ministrator is authorized to participate in, law; or than 10 eligible sponsors to acquire and in- and submit offers in response to, competi- ‘‘(III) to limit or alter in any way the im- stall ADS–B ground stations in order to tions to provide these services, and to con- munities that are available under applicable serve any public-use airport. tract with foreign aviation authorities to law for Federal officers and employees. ‘‘(2) The Secretary shall establish procure- provide these services consistent with the ‘‘(G) ETHICAL CONSIDERATIONS.—Each mem- ment procedures applicable to grants issued provisions under section 106(l)(6) of this title. ber of the Board appointed under paragraph under this section. The procedures shall per- The Administrator is also authorized, not- (2)(B) must certify that he or she— mit the sponsor to carry out the project withstanding any other provision of law or ‘‘(i) does not have a pecuniary interest in, using Federal Aviation Administration con- policy, to accept payments in arrears.’’; and or own stock in or bonds of, an aviation or tracts. The procedures established by the (3) by striking ‘‘appropriation from which aeronautical enterprise, except an interest Secretary may provide for the direct reim- expenses were incurred in providing such in a diversified mutual fund or an interest bursement (including administrative costs) services.’’ in paragraph (3) and inserting ‘‘ap- that is exempt from the application of sec- of the Administrator by the sponsor using propriation current when the expenditures tion 208 of title 18; grant funds under this section, for the order- are or were paid, or the appropriation cur- ‘‘(ii) does not engage in another business ing of such equipment and its installation, or rent when the amount is received.’’. related to aviation or aeronautics; and for the direct ordering of such equipment SEC. 307. PRESIDENTIAL RANK AWARD PRO- ‘‘(iii) is not a member of any organization and its installation by the sponsor, using GRAM. that engages, as a substantial part of its ac- such grant funds, from the suppliers with Section 40122(g)(2) is amended— tivities, in activities to influence aviation- which the Administrator has contracted. (1) by striking ‘‘and’’ after the semicolon related legislation. ‘‘(c) MATCHING REQUIREMENT.—The amount in subparagraph (G); ‘‘(H) CHAIRMAN; VICE CHAIRMAN.—The Board of a grant to an eligible sponsor under sub- (2) by striking ‘‘Board.’’ in subparagraph shall elect a chair and a vice chair from section (b) may not exceed 90 percent of the (H) and inserting ‘‘Board;’’; and among its members, each of whom shall costs of the acquisition and installation of (3) by inserting at the end the following serve for a term of 2 years. The vice chair the ground support equipment. new subparagraph: shall perform the duties of the chairman in ‘‘(d) DEFINITIONS.—In this section: ‘‘(I) subsections (b), (c), and (d) of section the absence of the chairman. ‘‘(1) ADS–B GROUND STATION.—The term 4507 (relating to Meritorious Executive or ‘‘(I) COMPENSATON.—No member shall re- ‘ADS–B ground station’ means electronic Distinguished Executive rank awards), and ceive any compensation or other benefits equipment that provides for ADS–B recep- section subsections (b) and (c) of section from the Federal Government for serving on tion and broadcast services. 4507a (relating to Meritorious Senior Profes- the Board, except for compensation benefits ‘‘(2) ELIGIBLE SPONSOR.—The term ‘eligible sional or Distinguished Senior Professional for injuries under subchapter I of chapter 81 sponsor’ means a State or any consortium of rank-awards), except that—

VerDate Aug 31 2005 03:30 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A29AP6.067 S29APPT1 CCOLEMAN on PRODPC75 with SENATE April 29, 2008 CONGRESSIONAL RECORD — SENATE S3525 ‘‘(i) for purposes of applying such provi- (4) The Administrator may not consolidate (6) by striking ‘‘and’’ after the semicolon sions to the personnel management system— any additional approach control facilities in subsection (b)(3)(B); ‘‘(I) the term ‘agency’ means the Depart- into the Southern California TRACON, or (7) by inserting after subsection (b)(3)(C) ment of Transportation; the Memphis TRACON until the Board’s rec- the following: ‘‘(II) the term ‘senior executive’ means an ommendations are completed. ‘‘(D) a schedule of rulemakings required to Federal Aviation Administration executive; SEC. 309. NEXT GENERATION AIR TRANSPOR- issue regulations and guidelines for imple- ‘‘(III) the term ‘career appointee’ means an TATION SYSTEM PLANNING OFFICE. mentation of the Next Generation Air Trans- Federal Aviation Administration career ex- (a) IMPROVED COOPERATION AND COORDINA- portation System within a timeframe con- ecutive; and TION AMONG PARTICIPATING AGENCIES.—Sec- sistent with the integrated plan; and’’; ‘‘(IV) the term ‘senior career employee’ tion 709 of the Vision 100—Century of Avia- (8) by inserting ‘‘and key technologies’’ means an Federal Aviation Administration tion Reauthorization Act (49 U.S.C. 40101 after ‘‘concepts’’ in subsection (b)(4); career senior professional; note) is amended— (9) by striking ‘‘users’’ in subsection (b)(4) ‘‘(ii) receipt by a career appointee of the (1) by inserting ‘‘(A)’’ after ‘‘(3)’’ in sub- and inserting ‘‘users, an implementation rank of Meritorious Executive or Meri- section (a)(3); plan,’’; torious Senior Professional entitles such in- (2) by inserting after subsection (a)(3) the (10) by adding at the end of subsection (b) dividual to a lump-sum payment of an following: the following: amount equal to 20 percent of annual basic ‘‘(B) The Administrator of the Federal ‘‘Within 6 months after the date of enact- pay, which shall be in addition to the basic Aviation Administration, the Secretary of ment of the Aviation Investment and Mod- pay paid under the Federal Aviation Admin- Defense, the Administrator of the National ernization Act of 2008, the Administrator istration Executive Compensation Plan; and Aeronautics and Space Administration, the shall develop the implementation plan de- ‘‘(iii) receipt by a career appointee of the Secretary of Commerce, the Secretary of scribed in paragraph (3) of this subsection rank of Distinguished Executive or Distin- Homeland Security, and the head of any and shall update it annually thereafter.’’; guished Senior Professional entitles the indi- other Department or Federal agency from and vidual to a lump-sum payment of an amount which the Secretary of Transportation re- (11) by striking ‘‘2010.’’ in subsection (e) equal to 35 percent of annual basic pay, quests assistance under subparagraph (A) and inserting ‘‘2011.’’. which shall be in addition to the basic pay shall designate an implementation office to (b) SENIOR POLICY COMMITTEE MEETINGS.— paid under the Federal Aviation Administra- be responsible for— Section 710(a) of such Act (49 U.S.C. 40101 tion Executive Compensation Plan.’’. ‘‘(i) carrying out the Department or agen- note) is amended by striking ‘‘Secretary.’’ SEC. 308. NEXT GENERATION FACILITIES NEEDS cy’s Next Generation Air Transportation and inserting ‘‘Secretary and shall meet at ASSESSMENT. least once each quarter.’’. (a) FAA CRITERIA FOR FACILITIES REALIGN- System implementation activities with the Office; and SEC. 310. DEFINITION OF AIR NAVIGATION FACIL- MENT.—Within 9 months after the date of en- ITY. actment of this Act, the Administrator of ‘‘(ii) liaison and coordination with other Section 40102(a)(4) is amended— the Federal Aviation Administration, after Departments and agencies involved in Next (1) by striking subparagraph (B) and insert- providing an opportunity for public com- Generation Air Transportation System ac- ing the following: ment, shall publish final criteria to be used tivities; and ‘‘(B) runway lighting and airport surface in making the Administrator’s recommenda- ‘‘(iii) managing all Next Generation Air tions for the realignment of services and fa- Transportation System programs for the De- visual and other navigation aids;’’; cilities to assist in the transition to next partment or agency, including necessary (2) by striking ‘‘weather information, sig- generation facilities and help reduce capital, budgetary and staff resources, including, for naling, radio-directional finding, or radio or operating, maintenance, and administrative the Federal Aviation Administration, those other electromagnetic communication; and’’ costs with no adverse effect on safety. projects described in section 44501(b)(5) of in subparagraph (C) and inserting ‘‘aero- (b) REALIGNMENT RECOMMENDATIONS.— title 49, United States Code). nautical and meteorological information to Within 9 months after publication of the cri- ‘‘(C) The head of any such Department or air traffic control facilities or aircraft, sup- teria, the Administrator shall publish a list agency shall ensure that— plying communication, navigation or sur- of the services and facilities that the Admin- ‘‘(i) the Department’s or agency’s Next veillance equipment for air-to-ground or air- istrator recommends for realignment, in- Generation Air Transportation System re- to-air applications;’’; cluding a justification for each recommenda- sponsibilities are clearly communicated to (3) by striking ‘‘another structure’’ in sub- tion, and a description of the costs and sav- the designated office; and paragraph (D) and inserting ‘‘any structure ings of such transition. ‘‘(ii) the performance of supervisory per- or equipment’’; (c) REALIGNMENT DEFINED.—As used in this sonnel in that office in carrying out the De- (4) by striking ‘‘aircraft.’’ in subparagraph section, the term ‘‘realignment’’ includes partment’s or agency’s Next Generation Air (D) and inserting ‘‘aircraft; and’’; and any action which relocates or reorganizes Transportation System responsibilities is re- (5) by adding at the end the following: functions, services, and personnel positions flected in their annual performance evalua- ‘‘(E) buildings, equipment and systems but does not include a reduction in personnel tions and compensation decisions. dedicated to the National Airspace Sys- resulting from workload adjustments. ‘‘(D)(i) Within 6 months after the date of tem.’’. (d) STUDY BY BOARD.—The Air Traffic Con- enactment of the Aviation Investment and SEC. 311. IMPROVED MANAGEMENT OF PROP- trol Modernization Oversight Board estab- Modernization Act of 2008, the head of each ERTY INVENTORY. lished by section 106(p) of title 49, United Section 40110(a)(2) is amended by striking States Code, shall study the Administrator’s such Department or agency shall execute a memorandum of understanding with the Of- ‘‘compensation; and’’ and inserting ‘‘com- recommendations for realignment and the pensation, and the amount received may be opportunities, risks, and benefits of realign- fice and with the other Departments and credited to the appropriation current when ing services and facilities of the Federal agencies participating in the Next Genera- the amount is received; and’’. Aviation Administration to help reduce cap- tion Air Transportation System project ital, operating, maintenance, and adminis- that— SEC. 312. EDUCATIONAL REQUIREMENTS. trative costs with no adverse effect on safe- ‘‘(I) describes the respective responsibil- The Administrator of the Federal Aviation ty. ities of each such Department and agency, Administration shall make payments to the (e) REVIEW AND RECOMMENDATIONS.— including budgetary commitments; and Department of Defense for the education of (1) After receiving the recommendations ‘‘(II) the budgetary and staff resources dependent children of those Federal Aviation from the Administrator pursuant to sub- committed to the project. Administration employees in Puerto Rico section (b), the Board shall provide oppor- ‘‘(ii) The memorandum shall be revised as and Guam as they are subject to transfer by tunity for public comment on such rec- necessary to reflect any changes in such re- policy and practice and meet the eligibility ommendations. sponsibilities or commitments and be re- requirements of section 2164(c) of title 10, (2) Based on its review and analysis of the flected in each Department or agency’s budg- United States Code. Administrator’s recommendations and any et request.’’; SEC. 313. FAA PERSONNEL MANAGEMENT SYS- public comment it may receive, the Board (3) by adding at the end of subsection (a) TEM. shall make its independent recommenda- the following: Section 40122(a)(2) is amended to read as tions for realignment of aviation services or ‘‘(5) The Director of the Office shall be a follows: facilities and submit its recommendations in voting member of the Federal Aviation Ad- ‘‘(2) DISPUTE RESOLUTION.— a report to the President, the Senate Com- ministration’s Joint Resources Council and ‘‘(A) MEDIATION.—If the Administrator mittee on Commerce, Science, and Transpor- the Air Traffic Organization’s Executive does not reach an agreement under para- tation, and the House of Representatives Council.’’; graph (1) or subsection (g)(2)(C) with the ex- Committee on Transportation and Infra- (4) by striking ‘‘beyond those currently in- clusive bargaining representatives, the serv- structure. cluded in the Federal Aviation Administra- ices of the Federal Mediation and Concilia- (3) The Board shall explain and justify in tion’s Operational Evolution Plan’’ in sub- tion Service shall be used to attempt to its report any recommendation made by the section (b); reach such agreement in accordance with Board that is different from the rec- (5) by striking ‘‘research and development part 1425 of title 29, Code of Federal Regula- ommendations made by the Administrator roadmap’’ in subsection (b)(3) and inserting tions. The Administrator and bargaining rep- pursuant to subsection (b). ‘‘implementation plan’’; resentatives may by mutual agreement

VerDate Aug 31 2005 03:30 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A29AP6.068 S29APPT1 CCOLEMAN on PRODPC75 with SENATE S3526 CONGRESSIONAL RECORD — SENATE April 29, 2008 adopt procedures for the resolution of dis- ulations required for the implementation of (A) the conditions of all air traffic control putes or impasses arising in the negotiation ADS-B, including— facilities across the Nation, including tow- of a collective-bargaining agreement. (1) the type of avionics (e.g., ADS-B avi- ers, centers, and terminal radar air control; ‘‘(B) BINDING ARBITRATION.—If the services onics) required of aircraft for all classes of (B) reports from employees of the Adminis- of the Federal Mediation and Conciliation airspace; tration relating to respiratory ailments and Service under subparagraph (A) does not lead (2) a schedule outlining when aircraft will other health conditions resulting from expo- to an agreement, the Administrator and the be required to be equipped with such avi- sure to mold, asbestos, poor air quality, radi- bargaining representatives shall submit onics; ation and facility-related hazards in facili- their issues in controversy to the Federal (3) the expected costs associated with the ties of the Administration; Service Impasses Panel in accordance with avionics; and (C) conditions of such facilities that could section 7119 of title 5. The Panel shall assist (4) the expected uses and benefits of the interfere with such employees’ ability to ef- the parties in resolving the impasse by as- avionics. fectively and safely perform their duties; serting jurisdiction and ordering binding ar- SEC. 315. FAA TASK FORCE ON AIR TRAFFIC CON- (D) the ability of managers and supervisors bitration by a private arbitration board con- TROL FACILITY CONDITIONS. of such employees to promptly document and sisting of 3 members in accordance with sec- (a) ESTABLISHMENT.—The Administrator of seek remediation for unsafe facility condi- tion 2471.6(a)(2)(ii) of title 5, Code of Federal the Federal Aviation Administration shall tions; Regulations. The executive director of the establish a special task force to be known as (E) whether employees of the Administra- Panel shall request a list of not less than 15 the ‘‘FAA Task Force on Air Traffic Control tion who report facility-related illnesses are names of arbitrators with Federal sector ex- Facility Conditions’’. treated fairly; perience from the director of the Federal Me- (b) MEMBERSHIP.— (F) utilization of scientifically-approved diation and Conciliation Service to be pro- (1) COMPOSITION.—The Task Force shall be remediation techniques in a timely fashion vided to the Administrator and the bar- composed of 11 members of whom— once hazardous conditions are identified in a gaining representatives. Within 10 days after (A) 7 members shall be appointed by the facility of the Administration; and receiving the list, the parties shall each se- Administrator; and (G) resources allocated to facility mainte- lect 1 person. The 2 arbitrators shall then se- (B) 4 members shall be appointed by labor nance and renovation by the Administration. lect a third person from the list within 7 unions representing employees who work at (2) FACILITY CONDITION INDICES.—The Task days. If the 2 arbitrators are unable to agree field facilities of the Administration. Force shall review the facility condition in- on the third person, the parties shall select (2) QUALIFICATIONS.—Of the members ap- dices of the Administration for inclusion in the third person by alternately striking pointed by the Administrator under para- the recommendations under subsection (g). names from the list until only 1 name re- graph (1)(A)— (g) RECOMMENDATIONS.—Based on the re- mains. If the parties do not agree on the (A) 4 members shall be specialists on toxic sults of the study and review of the facility framing of the issues to be submitted, the ar- mold abatement, ‘‘sick building syndrome,’’ condition indices under subsection (f), the bitration board shall frame the issues. The and other hazardous building conditions that Task Force shall make recommendations as arbitration board shall give the parties a full can lead to employee health concerns and it considers necessary to— and fair hearing, including an opportunity to shall be appointed by the Administrator in (1) prioritize those facilities needing the present evidence in support of their claims, consultation with the Director of the Na- most immediate attention in order of the and an opportunity to present their case in tional Institute for Occupational Safety and greatest risk to employee health and safety; person, by counsel, or by other representa- Health; and (2) ensure that the Administration is using tive as they may elect. Decisions of the arbi- (B) 2 members shall be specialists on the scientifically approved remediation tech- tration board shall be conclusive and binding rehabilitation of aging buildings. niques in all facilities; and upon the parties. The arbitration board shall (3) TERMS.—Members shall be appointed for (3) assist the Administration in making render its decision within 90 days after its the life of the Task Force. programmatic changes so that aging air traf- appointment. The Administrator and the (4) VACANCIES.—A vacancy in the Task fic control facilities do not deteriorate to bargaining representative shall share costs Force shall be filled in the manner in which unsafe levels. of the arbitration equally. The arbitration the original appointment was made. (h) REPORT.—Not later than 6 months after the date on which initial appointments of board shall take into consideration the ef- (5) TRAVEL EXPENSES.—Members shall members to the Task Force are completed, fect of its arbitration decisions on the Fed- serve without pay but shall receive travel ex- the Task Force shall submit to the Adminis- eral Aviation Administration’s ability to at- penses, including per diem in lieu of subsist- trator, the Committee on Transportation tract and retain a qualified workforce and ence, in accordance with subchapter I of and Infrastructure of the House of Rep- the Federal Aviation Administration’s budg- chapter 57 of title 5, United States Code. resentatives, and the Committee on Com- et. (c) CHAIRPERSON.—The Administrator shall merce, Science, and Transportation of the ‘‘(C) EFFECT.—Upon reaching a voluntary designate, from among the individuals ap- Senate a report on the activities of the Task pointed under subsection (b)(1), an individual agreement or at the conclusion of the bind- Force, including the recommendations of the to serve as chairperson of the Task Force. ing arbitration under subparagraph (B) Task Force under subsection (g). (d) TASK FORCE PERSONNEL MATTERS.— above, the final agreement, except for those (i) IMPLEMENTATION.—Within 30 days after (1) STAFF.—The Task Force may appoint matters decided by the arbitration board, receipt of the Task Force report under sub- and fix the pay of such personnel as it con- shall be subject to ratification by the exclu- section (h), the Administrator shall submit sive representative, if so requested by the ex- siders appropriate. to the House of Representatives Committee clusive representative, and approval by the (2) STAFF OF FEDERAL AGENCIES.—Upon re- on Transportation and Infrastructure and head of the agency in accordance with sub- quest of the Chairperson of the Task Force, the Senate Committee on Commerce, section (g)(2)(C). the head of any department or agency of the Science, and Transportation a report that in- ‘‘(D) ENFORCEMENT.—Enforcement of the United States may detail, on a reimbursable cludes a plan and timeline to implement the provisions of this paragraph, and any agree- basis, any of the personnel of that depart- recommendations of the Task Force and to ment hereunder, shall be in the United ment or agency to the Task Force to assist align future budgets and priorities of the Ad- States District Court for the District of Co- it in carrying out its duties under this sec- ministration accordingly. lumbia.’’. tion. (j) TERMINATION.—The Task Force shall SEC. 314. RULEMAKING AND REPORT ON ADS-B (3) OTHER STAFF AND SUPPORT.—Upon re- terminate on the last day of the 30-day pe- IMPLEMENTATION. quest of the Task Force or a panel of the riod beginning on the date on which the re- (a) REPORT.—Within 90 days after the date Task Force, the Administrator shall provide port under subsection (h) is submitted. of enactment of this Act, the Administrator the Task Force or panel with professional (k) APPLICABILITY OF THE FEDERAL ADVI- of the Federal Aviation Administration shall and administrative staff and other support, SORY COMMITTEE ACT.—The Federal Advisory submit a report to the Senate Committee on on a reimbursable basis, to the Task Force Committee Act (5 U.S.C. App.) shall not Commerce, Science, and Transportation and to assist it in carrying out its duties under apply to the Task Force. the House of Representatives Committee on this section. SEC. 316. STATE ADS-B EQUIPAGE BANK PILOT Transportation and Infrastructure detailing (e) OBTAINING OFFICIAL DATA.—The Task PROGRAM. the Administration program and schedule for Force may secure directly from any depart- (a) IN GENERAL.— integrating ADS-B technology into the Na- ment or agency of the United States infor- (1) COOPERATIVE AGREEMENTS.—Subject to tional Airspace System. The report shall in- mation (other than information required by the provisions of this section, the Secretary clude— any statute of the United States to be kept of Transportation may enter into coopera- (1) Phase 1 and Phase 2 activity to pur- confidential by such department or agency) tive agreements with not to exceed 5 States chase and install necessary ADS-B ground necessary for the Task Force to carry out its for the establishment of State ADS-B equi- stations; and duties under this section. Upon request of page banks for making loans and providing (2) detailed plans and schedules for imple- the chairperson of the Task Force, the head other assistance to public entities for mentation of advanced operational proce- of that department or agency shall furnish projects eligible for assistance under this dures and ADS-B air-to-air applications. such information to the Task Force. section. (b) RULEMAKING.—Not later than 12 months (f) DUTIES.— (b) FUNDING.— after the date of enactment of this Act the (1) STUDY.—The Task Force shall under- (1) SEPARATE ACCOUNT.—An ADS-B equi- Administrator shall issue guidelines and reg- take a study of— page bank established under this section

VerDate Aug 31 2005 03:30 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\A29AP6.068 S29APPT1 CCOLEMAN on PRODPC75 with SENATE April 29, 2008 CONGRESSIONAL RECORD — SENATE S3527 shall maintain a separate aviation trust fund stantially delayed, or disembarkation of pas- section 41102 that conducts scheduled pas- account for Federal funds contributed to the sengers on an arriving flight that has landed senger air transportation shall publish and bank under paragraph (2). No Federal funds is substantially delayed, the air carrier shall update monthly on the Internet website of contributed or credited to an account of an provide— the air carrier, or provide on request, a list ADS-B equipage bank established under this ‘‘(A) adequate food and potable water to of chronically delayed flights operated by section may be commingled with Federal passengers on such flight during such delay; the air carrier. funds contributed or credited to any other and ‘‘(2) DISCLOSURE TO CUSTOMERS WHEN PUR- account of such bank. ‘‘(B) adequate restroom facilities to pas- CHASING TICKETS.—An air carrier shall dis- (2) AUTHORIZATION.—There are authorized sengers on such flight during such delay. close the following information prominently to be appropriated to the Secretary ‘‘(2) RIGHT TO DEPLANE.— to an individual before that individual books $25,000,000 for each of fiscal years 2009 ‘‘(A) IN GENERAL.—An air carrier shall de- transportation on the air carrier’s Internet through 2013. velop a plan, that incorporates medical con- website for any flight for which data is re- (c) FORMS OF ASSISTANCE FROM ADS-B EQ- siderations, to ensure that passengers are ported to the Department of Transportation UIPAGE BANKS.—An ADS-B equipage bank es- provided a clear timeframe under which they under part 234 of title 14, Code of Federal tablished under this section may make loans will be permitted to deplane a delayed air- Regulations, and for which the air carrier or provide other assistance to a public entity craft. The air carrier shall provide a copy of has primary responsibility for inventory con- in an amount equal to all or part of the cost the plan to the Secretary of Transportation, trol: of carrying out a project eligible for assist- who shall make the plan available to the ‘‘(A) The on-time performance for the ance under this section. The amount of any public. In the absence of such a plan, except flight if it is a chronically delayed flight. loan or other assistance provided for such as provided in subparagraph (B), if more than ‘‘(B) The cancellation rate for the flight if project may be subordinated to any other 3 hours after passengers have boarded a it is a chronically canceled flight. debt financing for the project. flight, the aircraft doors are closed and the ‘‘(3) CHRONICALLY DELAYED; CHRONICALLY (d) QUALIFYING PROJECTS.—Federal funds aircraft has not departed, the air carrier CANCELED.—The Secretary of Transportation in the ADS-B equipage account of an ADS-B shall provide passengers with the option to shall define the terms ‘chronically delayed equipage bank established under this section deplane safely before the departure of such flight’ and ‘chronically canceled flight’ for may be used only to provide assistance with aircraft. Such option shall be provided to purposes of this subsection.’’. respect to aircraft ADS-B avionics equipage. passengers not less often than once during SEC. 403. EAS CONNECTIVITY PROGRAM. (e) REQUIREMENTS.—In order to establish each 3-hour period that the plane remains on Section 406(a) of the Vision 100—Century of an ADS-B equipage bank under this section, the ground. Aviation Reauthorization Act (49 U.S.C. 40101 each State establishing such a bank shall— ‘‘(B) EXCEPTIONS.—Subparagraph (A) shall note) is amended by striking ‘‘may’’ and in- (1) contribute, at a minimum, in each ac- not apply— serting ‘‘shall’’. count of the bank from non-Federal sources ‘‘(i) if the pilot of such flight reasonably SEC. 404. EXTENSION OF FINAL ORDER ESTAB- an amount equal to 50 percent of the amount determines that such flight will depart not of each capitalization grant made to the LISHING MILEAGE ADJUSTMENT later than 30 minutes after the 3 hour delay; ELIGIBILITY. State and contributed to the bank; or Section 409(d) of the Vision 100—Century of (2) ensure that the bank maintains on a ‘‘(ii) if the pilot of such flight reasonably Aviation Reauthorization Act (49 U.S.C. 40101 continuing basis an investment grade rating determines that permitting a passenger to note) is amended by striking ‘‘September 30, on its debt issuances or has a sufficient level deplane would jeopardize passenger safety or 2007.’’ and inserting ‘‘September 30, 2011.’’. of bond or debt financing instrument insur- security. ance to maintain the viability of the bank; SEC. 405. EAS CONTRACT GUIDELINES. ‘‘(C) APPLICATION TO DIVERTED FLIGHTS.— (3) ensure that investment income gen- Section 41737(a)(1) is amended— This section applies to aircraft without re- (1) by striking ‘‘and’’ after the semicolon erated by funds contributed to an account of gard to whether they have been diverted to the bank will be— in subparagraph (B); an airport other than the original destina- (2) by striking ‘‘provided.’’ in subparagraph (A) credited to the account; tion. (B) available for use in providing loans and (C) and inserting ‘‘provided;’’; and ‘‘(b) POSTING CONSUMER RIGHTS ON (3) by adding at the end the following: other assistance to projects eligible for as- WEBSITE.—An air carrier holding a certifi- sistance from the account; and ‘‘(D) include provisions under which the cate issued under section 41102 that conducts Secretary may encourage carriers to im- (C) invested in United States Treasury se- scheduled passenger air transportation shall curities, bank deposits, or such other financ- prove air service to small and rural commu- publish conspicuously and update monthly nities by incorporating financial incentives ing instruments as the Secretary may ap- on the Internet website of the air carrier a prove to earn interest to enhance the in essential air service contracts based on statement of the air carrier’s customer serv- specified performance goals; and leveraging of projects assisted by the bank; ice policy and of air carrier customers’ con- (5) ensure that any loan from the bank will ‘‘(E) include provisions under which the sumer rights under Federal and State law. Secretary may execute long-term essential bear interest at or below market interest ‘‘(c) REVIEW AND APPROVAL; MINIMUM rates, as determined by the State, to make air service contracts to encourage carriers to STANDARDS.—The Secretary of Transpor- provide air service to small and rural com- the project that is the subject of the loan tation shall review the contingency service feasible; munities where it would be in the public in- plan submitted by an air carrier under sub- terest to do so.’’. (6) ensure that the term for repaying any section (a) and may approve it or disapprove SEC. 406. CONVERSION OF FORMER EAS AIR- loan will not exceed 10 years after the date of it and return it to the carrier for modifica- the first payment on the loan; and PORTS. tion and resubmittal. The Secretary may es- (a) IN GENERAL.—Section 41745 is amend- (7) require the bank to make an annual re- tablish minimum standards for such plans port to the Secretary on its status no later ed— and require air carriers to meet those stand- (1) by redesignating subsections (c) than September 30 of each year for which ards. funds are made available under this section, through (g) as subsections (d) through (h), ‘‘(d) AIR CARRIER.—In this section the term respectively; and and to make such other reports as the Sec- ‘air carrier’ means an air carrier holding a retary may require by guidelines. (2) by inserting after subsection (b) the fol- certificate issued under section 41102 that lowing: TITLE IV—AIRLINE SERVICE AND SMALL conducts scheduled passenger air transpor- ‘‘(c) CONVERSION OF LOST ELIGIBILITY AIR- COMMUNITY AIR SERVICE IMPROVE- tation.’’. PORTS.— MENTS (b) REGULATIONS.—Not later than 60 days ‘‘(1) IN GENERAL.—The Secretary shall es- SEC. 401. AIRLINE CONTINGENCY SERVICE RE- after the date of enactment of this Act, the tablish a program to provide general avia- QUIREMENTS. Secretary of Transportation shall promul- tion conversion funding for airports serving (a) IN GENERAL.—Chapter 417 is amended gate such regulations as the Secretary deter- eligible places that the Secretary has deter- by adding at the end the following: mines necessary to carry out the amendment mined no longer qualify for a subsidy. made by subsection (a). ‘‘SUBCHAPTER IV—AIRLINE CUSTOMER ‘‘(2) GRANTS.—A grant under this sub- ONFORMING AMENDMENT.—The chapter SERVICE (c) C section— analysis for chapter 417 is amended by add- ‘‘§ 41781. AIRLINE CONTINGENCY SERVICE ‘‘(A) may not exceed twice the compensa- ing at the end the following: REQUIREMENTS. tion paid to provide essential air service to ‘‘(a) IN GENERAL.—Not later than 60 days SUBCHAPTER IV. AIRLINE CUSTOMER SERVICE the airport in the fiscal year preceding the after the date of enactment of the Aviation ‘‘41781. Airline contingency service require- fiscal year in which the Secretary deter- Investment and Modernization Act of 2008, ments.’’. mines that the place served by the airport is each air carrier shall submit a contingency SEC. 402. PUBLICATION OF CUSTOMER SERVICE no longer an eligible place; and service plan to the Secretary of Transpor- DATA AND FLIGHT DELAY HISTORY. ‘‘(B) may be used— tation for review and approval. The plan Section 41722 is amended by adding at the ‘‘(i) for airport development (as defined in shall require the air carrier to implement, at end the following: section 47102(3)) that will enhance general a minimum, the following practices: ‘‘(f) CHRONICALLY DELAYED FLIGHTS.— aviation capacity at the airport; ‘‘(1) PROVISION OF FOOD AND WATER.—If the ‘‘(1) PUBLICATION OF LIST OF FLIGHTS.—An ‘‘(ii) to defray operating expenses, if such departure of a flight of an air carrier is sub- air carrier holding a certificate issued under use is approved by the Secretary; or

VerDate Aug 31 2005 03:30 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A29AP6.068 S29APPT1 CCOLEMAN on PRODPC75 with SENATE S3528 CONGRESSIONAL RECORD — SENATE April 29, 2008 ‘‘(iii) to develop innovative air service op- (1) by inserting ‘‘(A)’’ after ‘‘(1)’’; and SEC. 412. EXPANSION OF DOT AIRLINE CON- tions, such as on-demand or air taxi oper- (2) by adding at the end the following: SUMER COMPLAINT INVESTIGA- TIONS. ations, if such use is approved by the Sec- ‘‘(B) If the Secretary determines that a retary. (a) IN GENERAL.—The Secretary of Trans- tower already operating under this program portation shall investigate consumer com- ‘‘(3) AIP REQUIREMENTS.—An airport spon- has a benefit to cost ratio of less than 1.0, sor that uses funds provided under this sub- plaints regarding— the airport sponsor or State or local govern- (1) flight cancellations; section for an airport development project ment having jurisdiction over the airport shall comply with the requirements of sub- (2) compliance with Federal regulations shall not be required to pay the portion of concerning overbooking seats flights; chapter I of chapter 471 applicable to airport the costs that exceeds the benefit for a pe- development projects funded under that sub- (3) lost, damaged, or delayed baggage, and riod of 18 months after such determination is difficulties with related airline claims proce- chapter with respect to the project funded made. under this subsection. dures; ‘‘(4) LIMITATION.—The sponsor of an airport ‘‘(C) If the Secretary finds that all or part (4) problems in obtaining refunds for un- receiving funding under this subsection is of an amount made available to carry out used or lost tickets or fare adjustments; not eligible for funding under section 41736.’’. the program continued under this paragraph (5) incorrect or incomplete information (b) CONFORMING AMENDMENT.—Section is not required during a fiscal year, the Sec- about fares, discount fare conditions and 41745(f), as redesignated, is amended— retary may use during such fiscal year the availability, overcharges, and fare increases; (1) by striking ‘‘An eligible place’’ and in- amount not so required to carry out the pro- (6) the rights of passengers who hold fre- serting ‘‘Neither an eligible place, nor a gram established under paragraph (3) of this quent flier miles, or equivalent redeemable place to which subsection (c) applies,’’; and section.’’. awards earned through customer-loyalty (2) by striking ‘‘not’’. (b) FUNDING.—Subparagraph (E) of section programs; and SEC. 407. EAS REFORM. 47124(b)(3) is amended— (7) deceptive or misleading advertising. Section 41742(a) is amended— (1) by striking ‘‘and’’ after ‘‘2006,’’; and (b) BUDGET NEEDS REPORT.—The Secretary (1) by adding at the end of paragraph (1) (2) by inserting ‘‘$8,500,000 for fiscal year shall provide, as an annex to its annual ‘‘Any amount in excess of $50,000,000 credited 2008, $9,000,000 for fiscal year 2009, $9,500,000 budget request, an estimate of resources for any fiscal year to the account established for fiscal year 2010, and $10,000,000 for fiscal which would have been sufficient to inves- under section 45303(c) shall be obligated for year 2011’’ after ‘‘2007,’’; and tigate all such claims the Department of programs under section 406 of the Vision (3) by inserting after ‘‘paragraph.’’ the fol- Transportation received in the previous fis- 100—Century of Aviation Reauthorization lowing: ‘‘If the Secretary finds that all or cal year. The annex shall be transmitted to Act (49 U.S.C. 40101 note) and section 41745 of part of an amount made available under this the Congress when the President submits the this title. Amounts appropriated pursuant to subparagraph is not required during a fiscal budget of the United States to the Congress this section shall remain available until ex- year to carry out this paragraph, the Sec- under section 1105 of title 31, United States pended.’’; and retary may use during such fiscal year the Code. (2) by striking ‘‘$77,000,000’’ in paragraph amount not so required to carry out the pro- SEC. 413. EAS MARKETING. (2) and inserting ‘‘$125,000,000’’. gram continued under paragraph (b)(1) of The Secretary of Transportation shall re- SEC. 408. CLARIFICATION OF AIR CARRIER FEE this section.’’. quire all applications to provide service DISPUTES. (c) FEDERAL SHARE.—Subparagraph (C) of under subchapter II of chapter 417 of title 49, (a) IN GENERAL.—Section 47129 is amend- section 47124(b)(4) is amended by striking United States Code, include a marketing ed— ‘‘$1,500,000.’’ and inserting ‘‘$2,000,000.’’. plan. (1) by striking the section heading and in- SEC. 414. EXTRAPERIMETAL AND (d) SAFETY AUDITS.—Section 41724 is serting the following: INTRAPERIMETAL SLOTS AT RON- amended by adding at the end the following: ALD REAGAN WASHINGTON NA- ‘‘§ 47129. Resolution of airport-air carrier and ‘‘(c) SAFETY AUDITS.—The Secretary shall TIONAL AIRPORT. foreign air carrier disputes concerning air- establish uniform standards and require- (a) BEYOND PERIMETER EXEMPTIONS.—Sec- port fees’’ ; ments for safety assessments of air traffic tion 41718 (a) is amended by striking ‘‘24’’ (2) by inserting ‘‘AND FOREIGN AIR CAR- control towers that receive funding under and inserting ‘‘36’’. RIER’’ after ‘‘CARRIER’’ in the subsection cap- this section in accordance with the Adminis- tion for subsection (d); (b) WITHIN PERIMETER EXEMPTIONS.—Sec- tration’s safety management system.’’. tion 41718 (b) is amended by striking ‘‘20’’ (3) by inserting ‘‘AND FOREIGN AIR CARRIER’’ and inserting ‘‘28’’. after ‘‘CARRIER’’ in the paragraph caption for SEC. 411. AIRFARES FOR MEMBERS OF THE subsection (d)(2); ARMED FORCES. (c) LIMITATIONS.—Section 41718(c) is amended— (4) by striking ‘‘air carrier’’ each place it (a) FINDINGS.—The Congress finds that— appears and inserting ‘‘air carrier or foreign (1) by striking ‘‘3 operations.’’ in para- (1) the Armed Forces is comprised of ap- graph (2) and inserting ‘‘5 operations. Oper- air carrier’’; proximately 1,400,000 members who are sta- (5) by striking ‘‘air carrier’s’’ each place it ations conducted by new entrant and limited tioned on active duty at more than 6,000 incumbent air carriers shall be afforded a appears and inserting ‘‘air carrier’s or for- military bases in 146 different countries; eign air carrier’s’’; scheduling priority over operations con- (2) the United States is indebted to the ducted by other air carriers granted exemp- (6) by striking ‘‘air carriers’’ and inserting members of the Armed Forces, many of ‘‘air carriers or foreign air carriers’’; and tions pursuant to section 41718 with the high- whom are in grave danger due to their en- est scheduling priority afforded to beyond- (7) by striking ‘‘(as defined in section 40102 gagement in, or exposure to, combat; of this title)’’ in subsection (a) and inserting perimeter operations conducted by new en- (3) military service, especially in the cur- trant and limited incumbent air carriers.’’; ‘‘(as those terms are defined in section 40102 rent war against terrorism, often requires of this title)’’. (2) by striking ‘‘six’’ in paragraph (3)(A) members of the Armed Forces to be sepa- and inserting ‘‘8’’; (b) CONFORMING AMENDMENT.—The chapter rated from their families on short notice, for analysis for chapter 471 is amended by strik- (3) by striking ‘‘ten’’ in paragraph (3)(B) long periods of time, and under very stressful and inserting ‘‘12’’; and ing the item relating to section 47129 and in- conditions; serting the following: (4) by striking ‘‘four’’ in paragraph (3)(C) (4) the unique demands of military service and inserting ‘‘8’’. ‘‘47129. Resolution of airport-air carrier and often preclude members of the Armed Forces foreign air carrier disputes con- SEC. 415. ESTABLISHMENT OF ADVISORY COM- from purchasing discounted advance airline MITTEE FOR AVIATION CONSUMER cerning airport fees.’’. tickets in order to visit their loved ones at PROTECTION. SEC. 409. SMALL COMMUNITY AIR SERVICE. home; and (a) IN GENERAL.—The Secretary of Trans- (a) PRIORITIES.—Section 41743(c)(5) is (5) it is the patriotic duty of the people of portation shall establish an advisory com- amended— the United States to support the members of mittee for aviation consumer protection to (1) by striking ‘‘and’’ after the semicolon the Armed Forces who are defending the Na- advise the Secretary in carrying out air pas- in subparagraph (D); tion’s interests around the world at great senger service improvements, including (2) by striking ‘‘fashion.’’ in subparagraph personal sacrifice. those required by chapter 423 of title 49, (E) and inserting ‘‘fashion; and’’; and (b) SENSE OF CONGRESS.—It is the sense of United States Code. (3) by adding at the end the following: Congress that each United States air carrier (b) MEMBERSHIP.—The Secretary shall ap- ‘‘(F) multiple communities cooperate to should— point members of the advisory committee submit a region or multistate application to (1) establish for all members of the Armed comprised of one representative each of— improve air service.’’. Forces on active duty reduced air fares that (1) air carriers; (b) EXTENSION OF AUTHORIZATION.—Section are comparable to the lowest airfare for (2) airport operators; 41743(e)(2) is amended by striking ‘‘2008’’ and ticketed flights; and (3) State or local governments who has ex- inserting ‘‘2011’’. (2) offer flexible terms that allow members pertise in consumer protection matters; and SEC. 410. CONTRACT TOWER PROGRAM. of the Armed Forces on active duty to pur- (4) a nonprofit public interest group who (a) COST-BENEFIT REQUIREMENT.—Section chase, modify, or cancel tickets without has expertise in consumer protection mat- 47124(b)(1) is amended— time restrictions, fees, and penalties. ters.

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(c) VACANCIES.—A vacancy in the advisory ‘‘(1) IN GENERAL—The Secretary shall peri- section (c)(2) continues to pay such com- committee shall be filled in the manner in odically review the type and level of air serv- pensation; and which the original appointment was made. ice provided under this section. ‘‘(B) the Secretary decides the compensa- (d) TRAVEL EXPENSES.—Members of the ad- ‘‘(2) CONSULTATION—The Secretary may tion is necessary to maintain air transpor- visory committee shall serve without pay make appropriate adjustments in the type tation to the eligible place. but shall receive travel expenses, including and level of air service to a place under this ‘‘(e) REVIEW— per diem in lieu of subsistence, in accordance section based on the review under paragraph ‘‘(1) IN GENERAL—The Secretary shall peri- with subchapter I of chapter 57 of title 5, (1) and consultation with the affected com- odically review the type and level of air serv- United States Code. munity and the State or local government or ice provided under this section. (e) CHAIRPERSON.—The Secretary shall des- person agreeing to pay compensation under ‘‘(2) CONSULTATION—The Secretary may ignate, from among the individuals ap- subsection (c)(2). make appropriate adjustments in the type pointed under subsection (b), an individual ‘‘(f) ENDING, SUSPENDING, AND REDUCING and level of air service to an eligible place to serve as chairperson of the advisory com- AIR TRANSPORTATION—An air carrier pro- under this section based on the review under mittee. viding air transportation to a place under paragraph (1) and consultation with the af- (f) DUTIES.—The duties of the advisory this section may end, suspend, or reduce fected community and the State or local committee shall include— such air transportation if, not later than 30 government or person agreeing to pay com- (1) evaluating existing aviation consumer days before ending, suspending, or reducing pensation under subsection (c)(2). protection programs and providing rec- such air transportation, the air carrier pro- ‘‘(f) ENDING, SUSPENDING, AND REDUCING ommendations for the improvement of such vides notice of the intent of the air carrier to AIR TRANSPORTATION—A preferred air carrier programs, if needed; and end, suspend, or reduce such air transpor- providing air transportation to an eligible (2) providing recommendations to establish tation to— place under this section may end, suspend, or additional aviation consumer protection pro- ‘‘(1) the Secretary; reduce such air transportation if, not later grams, if needed. ‘‘(2) the affected community; and than 30 days before ending, suspending, or re- (g) REPORT.—Not later than February 1 of ‘‘(3) the State or local government or per- ducing such air transportation, the preferred each of the first 2 calendar years beginning son agreeing to pay compensation under sub- air carrier provides notice of the intent of after the date of enactment of this Act, the section (c)(2).’’. the preferred air carrier to end, suspend, or Secretary shall transmit to Congress a re- (2) CLERICAL AMENDMENT—The chapter reduce such air transportation to— port containing— analysis for chapter 417 is amended by add- ‘‘(1) the Secretary; (1) the recommendations made by the advi- ing after the item relating to section 41748 ‘‘(2) the affected community; and sory committee during the preceding cal- the following new item: ‘‘(3) the State or local government or per- endar year; and ‘‘41749. Essential air service for eligible son agreeing to pay compensation under sub- (2) an explanation of how the Secretary has places above per passenger sub- section (c)(2).’’. implemented each recommendation and, for sidy cap.’’. (2) CLERICAL AMENDMENT—The chapter each recommendation not implemented, the (b) PREFERRED ESSENTIAL AIR SERVICE.— analysis for chapter 417, as amended by sub- Secretary’s reason for not implementing the (1) IN GENERAL.—Subchapter II of chapter section (a), is further amended by adding recommendation. 417, as amended by subsection (a), is further after the item relating to section 41749 the following new item: SEC. 416. RURAL AVIATION IMPROVEMENT. amended by adding after section 41749 the following: (a) COMMUNITIES ABOVE PER PASSENGER ‘‘41750. Preferred essential air service.’. SUBSIDY CAP.— ‘‘§ 41750. Preferred essential air service (c) RESTORATION OF ELIGIBILITY TO A PLACE (1) IN GENERAL.—Subchapter II of chapter ‘‘(a) PROPOSALS.—A State or local govern- DETERMINED BY THE SECRETARY TO BE INELI- 417 is amended by adding at the end the fol- ment may submit a proposal to the Sec- GIBLE FOR SUBSIDIZED ESSENTIAL AIR SERV- lowing: retary of Transportation for compensation ICE.——Section 41733 is amended by adding at the end the following new subsection: ‘‘§ 41749. Essential air service for eligible for a preferred air carrier described in sub- ‘‘(f) RESTORATION OF ELIGIBILITY FOR SUB- places above per passenger subsidy cap section (b) to provide air transportation to an eligible place. SIDIZED ESSENTIAL AIR SERVICE— ‘‘(a) PROPOSALS.—A State or local govern- ‘‘(b) PREFERRED AIR CARRIER DESCRIBED—A ‘‘(1) IN GENERAL—If the Secretary of Trans- ment may submit a proposal to the Sec- preferred air carrier described in this sub- portation terminates the eligibility of an retary of Transportation for compensation section is an air carrier that— otherwise eligible place to receive basic es- for an air carrier to provide air transpor- ‘‘(1) submits an application under section sential air service by an air carrier for com- tation to a place described in subsection (b). 41733(c) to provide air transportation to an pensation under subsection (c), a State or ‘‘(b) PLACE DESCRIBED.—A place described eligible place; local government may submit to the Sec- in this subsection is a place— ‘‘(2) is not the air carrier that submits the retary a proposal for restoring such eligi- ‘‘(1) that is otherwise an eligible place; and lowest cost bid to provide air transportation bility. ‘‘(2) for which the per passenger subsidy ex- to the eligible place; and ‘‘(2) DETERMINATION BY SECRETARY—If the ceeds the dollar amount allowable under this ‘‘(3) is an air carrier that the affected com- per passenger subsidy required by the pro- subchapter. munity prefers to provide air transportation posal submitted by a State or local govern- ‘‘(c) DECISIONS.—Not later than 90 days to the eligible place instead of the air carrier ment under paragraph (1) does not exceed the after receiving a proposal under subsection that submits the lowest cost bid. per passenger subsidy cap provided under (a) for compensation for an air carrier to ‘‘(c) DECISIONS—Not later than 90 days this subchapter, the Secretary shall issue an provide air transportation to a place de- after receiving a proposal under subsection order restoring the eligibility of the other- scribed in subsection (b), the Secretary (a) for compensation for a preferred air car- wise eligible place to receive basic essential shall— rier described in subsection (b) to provide air air service by an air carrier for compensa- ‘‘(1) decide whether to provide compensa- transportation to an eligible place, the Sec- tion under subsection (c).’. tion for the air carrier to provide air trans- retary shall— (d) OFFICE OF RURAL AVIATION.— portation to the place; and ‘‘(1) decide whether to provide compensa- (1) ESTABLISHMENT—There is established ‘‘(2) approve the proposal if the State or tion for the preferred air carrier to provide within the Office of the Secretary of Trans- local government or a person is willing and air transportation to the eligible place; and portation the Office of Rural Aviation. able to pay the difference between— ‘‘(2) approve the proposal if the State or (b) FUNCTIONS—The functions of the Office ‘‘(A) the per passenger subsidy; and local government or a person is willing and are— ‘‘(B) the dollar amount allowable for such able to pay the difference between— (1) to develop a uniform 4-year contract for subsidy under this subchapter. ‘‘(A) the rate of compensation the Sec- air carriers providing essential air service to ‘‘(d) COMPENSATION PAYMENTS.— retary would provide to the air carrier that communities under subchapter II of chapter ‘‘(1) IN GENERAL—The Secretary shall pay submits the lowest cost bid to provide air 417 of title 49, United States Code; compensation under this section at such transportation to the eligible place; and (2) to develop a mechanism for comparing time and in such manner as the Secretary ‘‘(B) the rate of compensation the preferred applications submitted by air carriers under determines is appropriate. air carrier estimates to be necessary to pro- section 41733(c) to provide essential air serv- ‘‘(2) DURATION OF PAYMENTS—The Sec- vide air transportation to the eligible place. ice to communities, including comparing— retary shall continue to pay compensation ‘‘(d) COMPENSATION PAYMENTS— (A) estimates from air carriers on— under this section only as long as— ‘‘(1) IN GENERAL—The Secretary shall pay (i) the cost of providing essential air serv- ‘‘(A) the State or local government or per- compensation under this section at such ice; and son agreeing to pay compensation under sub- time and in such manner as the Secretary (ii) the revenues air carriers expect to re- section (c)(2) continues to pay such com- determines is appropriate. ceive when providing essential air service; pensation; and ‘‘(2) DURATION OF PAYMENTS—The Sec- and ‘‘(B) the Secretary decides the compensa- retary shall continue to pay compensation (B) estimated schedules for air transpor- tion is necessary to maintain air transpor- under this section only as long as— tation; and tation to the place. ‘‘(A) the State or local government or per- (3) to select an air carrier from among air ‘‘(e) REVIEW— son agreeing to pay compensation under sub- carriers applying to provide essential air

VerDate Aug 31 2005 03:30 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A29AP6.068 S29APPT1 CCOLEMAN on PRODPC75 with SENATE S3530 CONGRESSIONAL RECORD — SENATE April 29, 2008 service, based on the criteria described in SEC. 504. RELEASE OF DATA RELATING TO ABAN- forcement information contained in the law paragraph (2). DONED TYPE CERTIFICATES AND enforcement databases of the Department of SUPPLEMENTAL TYPE CERTIFI- (e) EXTENSION OF AUTHORITY TO MAKE Justice, or of any jurisdiction in a State in CATES. the same manner as a police officer em- AGREEMENTS UNDER THE ESSENTIAL AIR Section 44704(a) is amended by adding at ployed by a State or local authority of that SERVICE PROGRAM.—Section 41743(e)(2) is the end the following: State who is certified or commissioned under amended by striking ‘‘2008’’ and inserting ‘‘(5) RELEASE OF DATA.— ‘‘2011’’. ‘‘(A) Notwithstanding any other provision the laws of that State; (f) ADJUSTMENTS TO COMPENSATION FOR SIG- of law, the Administrator may designate, ‘‘(2) use any radio, data link, or warning NIFICANTLY INCREASED COSTS—Section 41737 without the consent of the owner of record, system of the Federal Government and of is amended— engineering data in the agency’s possession any jurisdiction in a State that provides in- (1) by striking ‘‘and’’ after the semicolon related to a type certificate or a supple- formation about wanted persons, be-on-the- in subsection (a)(1)(B); mental type certificate for an aircraft, en- lookout notices, or warrant status or other (2) by striking ‘‘provided.’’ in subsection gine, propeller or appliance as public data, officer safety information to which a police (a)(1)(C) and inserting ‘‘provided; and’’; and therefore releasable, upon request, to a officer employed by a State or local author- (3) by adding at the end of subsection (a)(1) person seeking to maintain the airworthi- ity in that State who is certified or commis- the following: ness of such product, if the Administrator sion under the laws of that State has access ‘‘(D) provide for an adjustment in com- determines that— and in the same manner as such police offi- pensation, for service or transportation to a ‘‘(i) the certificate containing the re- cer; or place that was an eligible place as of Novem- quested data has been inactive for 3 years; ‘‘(3) receive Federal, State, or local govern- ber 1, 2007, to account for significant in- ‘‘(ii) the owner of record, or the owner of ment communications with a police officer creases in fuel costs, in accordance with sub- record’s heir, of the type certificate or sup- employed by a State or local authority in section (e).’’; and plemental certificate has not been located that State in the same manner as a police of- (4) by adding at the end thereof the fol- despite a search of due diligence by the agen- ficer employed by a State or local authority lowing: cy; and in that State who is commissioned under the ‘‘(f) FUEL COST SUBSIDY DISREGARD.—Any ‘‘(iii) the designation of such data as public laws of that State. amount provided as an adjustment in com- data will enhance aviation safety. ‘‘(c) SYSTEM OF DOCUMENTED CRIMINAL JUS- pensation pursuant to subsection (a)(1)(D) ‘‘(B) In this section, the term ‘engineering TICE INFORMATION DEFINED.—In this section shall be disregarded for the purpose of deter- data’ means type design drawings and speci- the term ‘system of documented criminal mining whether the amount of compensation fications for the entire product or change to justice information’ means any law enforce- provided under this subchapter with respect the product, including the original design ment databases, systems, or communications to an eligible place exceeds the per passenger data, and any associated supplier data for in- containing information concerning identi- subsidy exceeds the dollar amount allowable dividual parts or components approved as fication, criminal history, arrests, convic- under this subchapter.’’. part of the particular aeronautical product tions, arrest warrants, or wanted or missing persons, including the National Crime Infor- (f) CONTINUED ELIGIBILITY.—Notwith- certificate.’’. standing any provision of subchapter II of SEC. 505. DESIGN ORGANIZATION CERTIFICATES. mation Center and its incorporated criminal chapter 417 of title 49, United States Code, to Section 44704(e) is amended— history databases and the National Law En- the contrary, a community that was receiv- (1) by striking ‘‘Beginning 7 years after the forcement Telecommunications System.’’. ing service or transportation under that sub- date of enactment of this subsection,’’ in (b) CONFORMING AMENDMENT.—The chapter chapter as an eligible place (as defined in paragraph (1) and inserting ‘‘Effective Janu- analysis for chapter 401 is amended by in- section 41731(a)(1) of such title) as of Novem- ary 1, 2013,’’; serting after the item relating to section ber 1, 2007, shall continue to be eligible to re- (2) by striking ‘‘testing’’ in paragraph (2) 40129 the following: ceive service or transportation under that and inserting ‘‘production’’; and ‘‘40130. FAA access to criminal history subchapter without regard to whether the (3) by striking paragraph (3) and inserting records or databases systems.’’. per passenger subsidy required exceeds the the following: SEC. 507. FLIGHT CREW FATIGUE. per passenger subsidy cap provided under ‘‘(3) ISSUANCE OF CERTIFICATE BASED ON DE- (a) IN GENERAL.—Within 3 months after the that subchapter. SIGN ORGANIZATION CERTIFICATION.—The Ad- ministrator may rely on the Design Organi- date of enactment of this Act the Adminis- TITLE V—AVIATION SAFETY zation for certification of compliance under trator of the Federal Aviation Administra- SEC. 501. RUNWAY SAFETY EQUIPMENT PLAN. this section.’’. tion shall conclude arrangements with the National Academy of Sciences for a study of Not later than December 31, 2008, the Ad- SEC. 506. FAA ACCESS TO CRIMINAL HISTORY pilot fatigue. ministrator of the Federal Aviation Admin- RECORDS OR DATABASE SYSTEMS. (b) STUDY.—The study shall include consid- istration shall issue a plan to develop an in- (a) IN GENERAL.—Chapter 401 is amended eration of— stallation and deployment schedule for sys- by adding at the end thereof the following: (1) research on fatigue, sleep, and circadian tems the Administration is installing to ‘‘§ 40130. FAA access to criminal history rhythms; alert controllers and flight crews to poten- records or databases systems (2) sleep and rest requirements rec- tial runway incursions. The plan shall be in- ‘‘(a) ACCESS TO RECORDS OR DATABASES ommended by the National Transportation tegrated into the annual Federal Aviation SYSTEMS.— Safety Board; and Administration operational evolution plan. ‘‘(1) Notwithstanding section 534 of title 28 (3) international standards. SEC. 502. AIRCRAFT FUEL TANK SAFETY IM- and the implementing regulations for such section (28 C.F.R. part 20), the Administrator (c) REPORT.—Within 18 months after initi- PROVEMENT. ating the study, the National Academy shall Not later than December 31, 2008, the Fed- of the Federal Aviation Administration is authorized to access a system of documented submit a report to the Administrator con- eral Aviation Administration shall issue a taining its findings and recommendations, final rule regarding the reduction of fuel criminal justice information maintained by the Department of Justice or by a State but including recommendations with respect to tank flammability in transport category air- Federal Aviation Regulations governing craft. may do so only for the purpose of carrying out its civil and administrative responsibil- flight limitation and rest requirements. SEC. 503. JUDICIAL REVIEW OF DENIAL OF AIR- ities to protect the safety and security of the (d) RULEMAKING.—After the Administrator MAN CERTIFICATES. National Airspace System or to support the receives the National Academy’s report, the (a) JUDICIAL REVIEW OF NTSB DECISIONS.— missions of the Department of Justice, the Federal Aviation Administration shall con- Section 44703(d) is amended by adding at the Department of Homeland Security, and other sider the findings of the National Academy end the following: law enforcement agencies. The Adminis- in its rulemaking proceeding on flight time ‘‘(3) JUDICIAL REVIEW.—A person substan- trator shall be subject to the same condi- limitations and rest requirements. tially affected by an order of the Board tions or procedures established by the De- (e) IMPLEMENTATION OF FLIGHT ATTENDANT under this subsection, or the Administrator partment of Justice or State for access to FATIGUE STUDY RECOMMENDATIONS.—Within when the Administrator decides that an such an information system by other govern- 60 days after the date of enactment of this order of the Board will have a significant ad- mental agencies with access to the system. Act, the Administrator of the Federal Avia- verse impact on carrying out this part, may ‘‘(2) The Administrator may not use the tion Administration shall initiate a process obtain judicial review of the order under sec- access authorized under paragraph (1) to con- to carry out the recommendations of the tion 46110 of this title. The Administrator duct criminal investigations. CAMI study on flight attendant fatigue. shall be made a party to the judicial review ‘‘(b) DESIGNATED EMPLOYEES.—The Admin- SEC. 508. INCREASING SAFETY FOR HELICOPTER proceedings. The findings of fact of the istrator shall, by order, designate those em- EMERGENCY MEDICAL SERVICE OP- Board in any such case are conclusive if sup- ployees of the Administration who shall ERATORS. ported by substantial evidence.’’. carry out the authority described in sub- (a) COMPLIANCE WITH 14 CFR PART 135 REG- (b) CONFORMING AMENDMENT.—Section section (a). Such designated employees ULATIONS.—No later than 18 months after the 1153(c) is amended by striking ‘‘section 44709 may— date of enactment of this Act, all helicopter or’’ and inserting ‘‘section 44703(d), 44709, ‘‘(1) have access to and receive criminal emergency medical service operators shall or’’. history, driver, vehicle, and other law en- comply with the regulations in part 135 of

VerDate Aug 31 2005 03:30 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A29AP6.068 S29APPT1 CCOLEMAN on PRODPC75 with SENATE April 29, 2008 CONGRESSIONAL RECORD — SENATE S3531 title 14, Code of Federal Regulations when- tion 44728(f) of title 49, United States Code, istration shall issue a final rule in docket ever there is a medical crew on board, with- applies to facilitate compliance with the re- No. FAA-2008-0188, Re-registration and Re- out regard to whether there are patients on quirements of section 44728(f)(1) of that title. newal of Aircraft Registration. The final rule board the helicopter. SEC. 510. CLARIFICATION OF MEMORANDUM OF shall include— (b) IMPLEMENTATION OF FLIGHT RISK EVAL- UNDERSTANDING WITH OSHA. (1) provision for the expiration of a certifi- UATION PROGRAM.—Within 60 days after the (a) IN GENERAL.—Within 6 months after the cate for an aircraft registered as of the date date of enactment of this Act, the Federal date of enactment of this Act, the Adminis- of enactment of this Act, with re-registra- Aviation Administration shall initiate, and trator of the Federal Aviation Administra- tion requirements for those aircraft that re- complete within 18 months, a rulemaking— tion shall— main eligible for registration; (1) to create a standardized checklist of (1) establish milestones, in consultation (2) provision for the periodic expiration of risk evaluation factors based on its Notice with the Occupational Safety and Health Ad- all certificates issued after the effective date 8000.301, issued in August, 2005; and ministration, through a report to Congress of the rule with a registration renewal proc- (2) to require helicopter emergency med- for the completion of work begun under the ess; and ical service operators to use the checklist to August 2000 memorandum of understanding (3) other measures to promote the accu- determine whether a mission should be ac- between the 2 Administrations and to ad- racy and efficient operation and value of the cepted. dress issues needing further action in the Ad- Administration’s aircraft registry. (c) COMPREHENSIVE CONSISTENT FLIGHT DIS- ministrations’ joint report in December 2000; and SEC. 514. VOLUNTARY DISCLOSURE REPORTING PATCH PROCEDURES.—Within 60 days after the PROCESS IMPROVEMENTS. date of enactment of this Act, the Federal (2) initiate development of a policy state- Within 180 days after the date of enact- Aviation Administration shall initiate, and ment to set forth the circumstances in which ment of this Act, the Administrator of the complete within 18 months, a rulemaking— Occupational Safety and Health Administra- Federal Aviation Administration shall— (1) to create standardized flight dispatch tion requirements may be applied to crew- (1) take such action as may be necessary to procedures for helicopter emergency medical members while working in the aircraft ensure that the Voluntary Disclosure Re- service operators based on the regulations in cabin. (b) POLICY STATEMENT.—The policy state- porting Process requires inspectors— part 121 of title 14, Code of Federal Regula- ment to be developed under subsection (a)(2) (A) to evaluate corrective action proposed tions; and shall satisfy the following principles: by an air carrier with respect to a matter (2) to require such operators to use those (1) The establishment of a coordinating disclosed by that air carrier is sufficiently procedures for flights. body similar to the Aviation Safety and comprehensive in scope and application and (d) IMPROVING SITUATIONAL AWARENESS.— Health Joint Team established by the Au- applies to all affected aircraft operated by Any helicopter used for helicopter emer- gust 2000 memorandum of understanding that air carrier before accepting the pro- gency medical service operations that is or- that includes representatives designated by posed voluntary disclosure; and dered, purchased, or otherwise obtained after both Administrations— (B) to verify that corrective action so iden- the date of enactment of this Act shall have (A) to examine the applicability of current tified by an air carrier is completed within on board an operational terrain awareness and future Occupational Safety and Health the timeframe proposed; and and warning system that meets the technical Administration regulations; (C) to verify by inspection that the car- specifications of section 135.154 of the Fed- (B) to recommend policies for facilitating rier’s corrective action adequately corrects eral Aviation Regulations (14 C.F.R. 135.154). the training of Federal Aviation Administra- the problem that was disclosed; and (e) IMPROVING THE DATA AVAILABLE TO tion inspectors; and (2) establish a second level supervisory re- NTSB INVESTIGATORS AT CRASH SITES.— (C) to make recommendations that will view of disclosures under the Voluntary Dis- (1) STUDY.—Within 1 year after the date of govern the inspection and enforcement of closure Reporting Process before any pro- enactment of this Act, the Federal Aviation safety and health standards on board aircraft posed disclosure is accepted and closed that Administration shall complete a feasibility in operation and all work-related environ- will ensure that a matter disclosed by an air study of requiring flight data and cockpit ments. carrier— voice recorders on new and existing heli- (2) Any standards adopted by the Federal (A) has not been previously identified by a copters used for emergency medical service Aviation Administration shall set forth Federal Aviation Administration inspector; operations. The study shall address, at a clearly— and minimum, issues related to survivability, (A) the circumstances under which an em- (B) has not been previously disclosed by weight, and financial considerations of such ployer is required to take action to address the carrier in the preceding 5 years. a requirement. occupational safety and health hazards; (2) RULEMAKING.—Within 2 years after the (B) the measures required of an employer SEC. 515. PROCEDURAL IMPROVEMENTS FOR IN- SPECTIONS. date of enactment of this Act, the Federal under the standard; and Aviation Administration shall complete a (C) the compliance obligations of an em- (a) EMPLOYMENT BY INSPECTED AIR CAR- rulemaking to require flight data and cock- ployer under the standard. RIERS.—Within 90 days after the date of en- pit voice recorders on board such helicopters. SEC. 511. ACCELERATION OF DEVELOPMENT AND actment of this Act, the Administrator of SEC. 509. CABIN CREW COMMUNICATION. IMPLEMENTATION OF REQUIRED the Federal Aviation Administration shall (a) IN GENERAL.—Section 44728 is amend- NAVIGATION PERFORMANCE AP- initiate a rulemaking proceeding to revise ed— PROACH PROCEDURES. its post-employment guidance to prohibit an (1) by redesignating subsection (f) as sub- (a) IN GENERAL.—The Administrator of the inspector employed by an air carrier the in- section (g); and Federal Aviation Administration shall set a spector was responsible for inspecting from (2) by inserting after subsection (e) the fol- target of achieving a minimum of 200 Re- representing that air carrier before the Fed- lowing: quired Navigation Performance procedures eral Aviation Administration or partici- each fiscal year through fiscal year 2012, ‘‘(f) MINIMUM LANGUAGE SKILLS.— pating in negotiations or other contacts with with 25 percent of that target number meet- ‘‘(1) IN GENERAL.—No certificate holder the Federal Aviation Administration on be- may use any person to serve, nor may any ing the low visibility approach criteria. half of that air carrier for a period of 2 years (b) USE OF THIRD PARTIES.—The Adminis- person serve, as a flight attendant under this after terminating employment by the Fed- trator is authorized to provide third parties eral Aviation Administration. part, unless that person has the ability to the ability to design, flight check, and im- read, speak, and write English well enough plement Required Navigation Performance (b) INSPECTION TRACKING.—Within 90 days to— approach procedures. after the date of enactment of this Act, the ‘‘(A) read material written in English and Administrator of the Federal Aviation Ad- SEC. 512. ENHANCED SAFETY FOR AIRPORT OP- comprehend the information; ERATIONS. ministration shall implement a process for ‘‘(B) speak and understand English suffi- From amounts appropriated for fiscal tracking field office review of air carrier ciently to provide direction to, and under- years 2009 through 2011 pursuant to section compliance with Federal Aviation Adminis- stand and answer questions from, English- 48101(a) of title 49, United States Code, the tration air worthiness directives. In tracking speaking individuals; Secretary shall make available such sums as air worthiness directive compliance, the Ad- ‘‘(C) write incident reports and statements may be necessary for use in relocating the ministrator shall ensure that— and log entries and statements; and radar facility at National Plan of Integrated (1) each air carriers under the Administra- ‘‘(D) carry out written and oral instruc- Airport Systems airport number 54-0026 to tion’s air transportation oversight system is tions regarding the proper performance of improve the safety, efficiency, and security reviewed for 100 percent compliance on a 5- their duties. of air traffic control, navigation, low alti- year cycle; ‘‘(2) FOREIGN FLIGHTS.—The requirements tude communications and surveillance, and (2) Compliance reviews include physical in- of paragraph (1) do not apply to service as a weather. The Administrator of the Federal spections at each applicable carrier of a sam- flight attendant on a flight operated by a Aviation Administration shall ensure that ple of the aircraft to which the air worthi- certificate holder solely between points out- the radar is relocated before September 30, ness certificate applies; and side the United States.’’. 2011. (3) the appropriate local and regional of- (b) ADMINISTRATION.—The Administrator of SEC. 513. IMPROVED SAFETY INFORMATION. fices, and the Administrator, are alerted the Federal Aviation Administration shall Not later than December 31, 2008, the Ad- whenever a carrier is no longer in compli- work with certificate holders to which sec- ministrator of the Federal Aviation Admin- ance with an air worthiness directive.

VerDate Aug 31 2005 03:30 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\A29AP6.069 S29APPT1 CCOLEMAN on PRODPC75 with SENATE S3532 CONGRESSIONAL RECORD — SENATE April 29, 2008 SEC. 516. INDEPENDENT REVIEW OF SAFETY runway incursions and taking remedial ac- cluding successful demonstration and quan- ISSUES. tions; tification of benefits. Within 30 days after the date of enactment (3) identifying who is responsible for track- (5) Determination of the extent to which of this Act, the Comptroller General shall ing operational errors and runway incur- new engine and aircraft technologies may be initate a review and investigation of air safe- sions, including a process for lower level em- used to retrofit or re-engine aircraft so as to ty issues identified by Federal Aviation Ad- ployees to report to higher supervisory lev- increase the level of penetration into the ministration employees and reported to the els; and commercial fleet. Administrator. The Comptroller General (4) periodic random audits of the oversight shall report the Government Accountability process. SEC. 603. PRODUCTION OF CLEAN COAL FUEL Office’s findings and recommendations to the TECHNOLOGY FOR CIVILIAN AIR- TITLE VI—AVIATION RESEARCH Administrator, the Senate Committee on CRAFT. SEC. 601. AIRPORT COOPERATIVE RESEARCH Commerce, Science, and Transportation, and (a) ESTABLISHMENT OF RESEARCH PRO- PROGRAM. the House of Representatives Committee on GRAM.—From amounts made available under (a) IN GENERAL.—Section 44511(f) is amend- Transportation and Infrastructure on an an- ed— section 48102(a) of title 49, United States nual basis. (1) by striking ‘‘establish a 4-year pilot’’ in Code, the Secretary of Transportation shall SEC. 517. NATIONAL REVIEW TEAM. paragraph (1) and inserting ‘‘maintain an’’; establish a research program related to de- (a) IN GENERAL.—Within 180 days after the and veloping jet fuel from clean coal through date of enactment of this Act, the Adminis- (2) by inserting ‘‘pilot’’ in paragraph (4) be- grants or other measures authorized under trator of the Federal Aviation Administra- fore ‘‘program’’ the first time it appears; and section 106(l)(6) of such title, including reim- tion shall establish a national review team (3) by striking ‘‘program, including rec- bursable agreements with other Federal within the Administration to conduct peri- ommendations as to the need for estab- agencies. The program shall include partici- odic, random reviews of the Administration’s lishing a permanent airport cooperative re- pation by educational and research institu- oversight of air carriers and report annually search program.’’ in paragraph (4) and insert- tions that have existing facilities and experi- its findings and recommendations to the Ad- ing ‘‘program.’’. ence in the development and deployment of ministrator, the Senate Commerce, Science, (b) AIRPORT COOPERATIVE RESEARCH PRO- technology that processes coal to aviation and Transportation Committee, and the GRAM.—Not more than $15,000,000 per year for fuel. House of Representatives Committee on fiscal years 2008, 2009, 2010, and 2011 may be (b) DESIGNATION OF INSTITUTION AS A CEN- Transportation and Infrastructure. appropriated to the Secretary of Transpor- (b) INSPECTOR GENERAL REPORTS.—The In- TER OF EXCELLENCE.—Within 6 months after tation from the amounts made available spector General of the Department of Trans- the date of enactment of this Act, the Ad- each year under subsection (a) for the Air- portation shall provide progress reports to ministrator of the Federal Aviation Admin- port Cooperative Research Program under istration shall designate an institution de- the Senate Committee on Commerce, section 44511 of this title, of which not less Science, and Transportation and the House scribed in subsection (a) as a Center of Ex- than $5,000,000 per year shall be for research cellence for Coal-to-Jet-Fuel Research. of Representatives Committee on Transpor- activities related to the airport environ- tation and Infrastructure on the review ment, including reduction of community ex- SEC. 604. ADVISORY COMMITTEE ON FUTURE OF teams and their effectiveness. posure to civil aircraft noise, reduction of AERONAUTICS. (c) ADDITIONAL SAFETY INSPECTORS.—From civil aviation emissions, or addressing water amounts appropriated pursuant to section (a) ESTABLISHMENT.—There is established quality issues. 106(k)(1) of title 49, United States Code, the an advisory committee to be know as the SEC. 602. REDUCTION OF NOISE, EMISSIONS, AND Administrator of the Federal Aviation Ad- ‘‘Advisory Committee on the Future of Aero- ENERGY CONSUMPTION FROM CI- nautics’’. ministration may hire a net increase of 200 VILIAN AIRCRAFT. additional safety inspectors. (a) ESTABLISHMENT OF RESEARCH PRO- (b) MEMBERSHIP.—The Advisory Committee SEC. 518. FAA ACADEMY IMPROVEMENTS. GRAM.—From amounts made available under shall consist of 7 members appointed by the (a) REVIEW.—Within 1 year after the date section 48102(a) of title 49, United States President from a list of 15 candidates pro- of enactment of this Act, the Administrator Code, the Administrator of the Federal Avia- posed by the Director of the National Acad- of the Federal Aviation Administration shall tion Administration shall establish a re- emy of Sciences. conduct a comprehensive review and evalua- search program related to reducing civilian (c) CHAIRPERSON.—The Advisory Com- tion of its Academy and facility training ef- aircraft source noise and emissions through mittee members shall elect 1 member to forts. grants or other measures authorized under serve as chairperson of the Advisory Com- (b) FACILITY TRAINING PROGRAM.—The Ad- section 106(l)(6) of such title, including reim- mittee. ministrator shall— bursable agreements with other Federal (1) clarify responsibility for oversight and agencies. The program shall include partici- (d) FUNCTIONS.—The Advisory Committee direction of the Academy’s facility training pation of educational and research institu- shall examine the best governmental and or- program at the national level; tions or private sector entities that have ex- ganizational structures for the conduct of (2) communicate information concerning isting facilities and experience for devel- civil aeronautics research and development, that responsibility to facility managers; and oping and testing noise, emissions and en- including options and recommendations for (3) establish standards to identify the num- ergy reduction engine and aircraft tech- consolidating such research to ensure con- ber of developmental controllers that can be nology, and developing alternative fuels. tinued United States leadership in civil aero- accommodated at each facility, based on— (b) ESTABLISHING A CONSORTIUM.—Within 6 nautics. The Committee shall consider trans- (A) the number of available on-the-job- months after the date of enactment of this ferring responsibility for civil aeronautics training instructors; Act, the Administrator shall designate, research and development from the National (B) available classroom space; using a competitive process, an institution, Aeronautics and Space Administration to (C) the number of available simulators; entity, or consortium described in subsection other existing departments or agencies of (D) training requirements; and (a) as a Consortium for Aviation Noise, the Federal government or to a non-govern- (E) the number of recently placed new per- Emissions, and Energy Technology Research mental organization such as academic con- sonnel already in training. to perform research in accordance with this sortia or not-for-profit organizations. In de- SEC. 519. REDUCTION OF RUNWAY INCURSIONS section. The Consortium shall conduct the veloping its recommendations, the Advisory AND OPERATIONAL ERRORS. research program in coordination with the Committee shall consider, as appropriate, (a) PLAN.—The Administrator of the Fed- National Aeronautics and Space Administra- the aeronautics research policies developed eral Aviation Administration shall develop a tion and other relevant agencies. pursuant to section 101(d) of Public Law 109– plan for the reduction of runway incursions (c) PERFORMANCE OBJECTIVES.—By January 155 and the requirements and priorities for by reviewing every commercial service air- 1, 2015, the research program shall accom- aeronautics research established by title IV port (as defined in section 47102 of title 49, plish the following objectives: of Public Law 109–155. United States Code) in the United States and (1) Certifiable aircraft technology that in- (e) REPORT.—Not later than 12 months initiating action to improve airport lighting, creases aircraft fuel efficiency by 25 percent after the date on which the full membership provide better signage, and improve runway relative to 1997 subsonic aircraft technology. of the Advisory Committee is appointed, the and taxiway markings. (2) Certifiable engine technology that re- Advisory Committee shall submit a report to (b) PROCESS.—Within 1 year after the date duces landing and takeoff cycle nitrogen of enactment of this Act, the Administrator oxide emissions by 50 percent, without in- the Senate Committee on Commerce, of the Federal Aviation Administration shall creasing other gaseous or particle emissions, Science, and Transportation and the House develop a process for tracking and inves- over the International Civil Aviation Organi- Committees on Science and Technology and tigating operational errors and runway in- zation standard adopted in 2004. on Transportation and Infrastructure on its cursions that includes— (3) Certifiable aircraft technology that re- findings and recommendations. The report (1) identifying the office responsible for es- duces noise levels by 10 dB (30 dB cumu- may recommend a rank ordered list of ac- tablishing regulations regarding operational lative) relative to 1997 subsonic jet aircraft ceptable solutions. errors and runway incursions; technology. (f) TERMINATION.—The Advisory Committee (2) identifying who is responsible for track- (4) Determination of the feasibility of use shall terminate 60 days after the date on ing and investigating operational errors and of alternative fuels in aircraft systems, in- which it submits the report to the Congress.

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SEC. 605. RESEARCH PROGRAM TO IMPROVE AIR- (B) ‘‘detect, sense and avoid technologies’’ (3) ISSUE NPRM FOR CERTIFICATES.—Within FIELD PAVEMENTS. with respect to both cooperative and non-co- 90 days after the date of enactment of this (a) CONTINUATION OF PROGRAM.—The Ad- operative aircraft; Act, the Administrator shall publish a notice ministrator of the Federal Aviation Admin- (C) spectrum issues and bandwidth require- of proposed rulemaking on issuing airworthi- istration shall continue the program to con- ments; ness certificates and experimental certifi- sider awards to nonprofit concrete and as- (D) operation in suboptimal winds and ad- cates to unmanned aerial systems operators phalt pavement research foundations to im- verse weather conditions; for compensation or hire. The Administrator prove the design, construction, rehabilita- (E) mechanisms for letter others know shall promulgate a final rule 90 days after tion, and repair of airfield pavements to aid where the unmanned aerial system is flying; the date on which the notice is published. in the development of safer, more cost effec- (F) airworthiness and system redundancy; (4) NOTICE TO CONGRESS ON BASING UN- tive, and more durable airfield pavements. (G) flight termination systems for safety MANNED AERIAL SYSTEMS REGULATIONS ON (b) USE OF GRANTS OR COOPERATIVE AGREE- and security; ULTRALIGHT REGULATIONS.—Within 90 days MENTS.—The Administrator may use grants (H) privacy issues; after the date of enactment of this Act, the or cooperative agreements in carrying out (I) technologies for unmanned aerial sys- Administrator shall transmit a report to the this section. tems flight control; Senate Committee on Commerce, Science, SEC. 606. WAKE TURBULENCE, VOLCANIC ASH, (J) technologies for unmanned aerial sys- and Transportation and the House of Rep- AND WEATHER RESEARCH. tems propulsion; resentatives Committee on Transportation Within 60 days after the date of enactment (K) unmanned aerial systems operator and Infrastructure on the potential of using of this Act, the Administrator of the Federal qualifications, medical standards, and train- part 103 of title 14, Code of Federal Regula- Aviation Administration shall— ing requirements; tions (relating to Ultralight Aircraft), as the (1) initiate evaluation of proposals that (L) unmanned aerial systems maintenance regulatory basis for regulations on light- would increase capacity throughout the air requirements and training requirements; and weight unmanned aerial systems. transportation system by reducing existing (M) any other unmanned aerial systems-re- (e) CONSOLIDATED RULEMAKING DEADLINE.— spacing requirements between aircraft of all lated issue the Administrator believes should No later than April 30, 2010, the Federal sizes, including research on the nature of be addressed. Aviation Administration and other affected wake vortices; (2) REPORT.—Within 12 months after initi- Federal agencies shall have initiated all of (2) begin implementation of a system to ating the study, the National Academy shall the rule makings regarding vehicle design improve volcanic ash avoidance options for submit its report to the Administrator, the requirements, operational requirements, air- aircraft, including the development of a vol- Senate Committee on Commerce, Science, worthiness requirements, and flight crew canic ash warning and notification system and Transportation, and the House of Rep- certifications requirements necessary for in- for aviation; and resentatives Committee on Transportation tegrating all categories of unmanned aerial (3) establish research projects on— and Infrastructure containing its findings systems into the national air space, taking (A) ground de-icing/anti-icing, ice pellets, and recommendations. into consideration the recommendations the and freezing drizzle; Administrator receives from the National (B) oceanic weather, including convective (c) PILOT PROJECTS.— (1) IN GENERAL.—The Administrator of the Academy of Sciences report under subsection weather; (b), the unmanned aerial systems ‘‘roadmap’’ (C) en route turbulence prediction and de- Federal Aviation Administration shall estab- lish 3 2-year cost-shared pilot projects in developed by the Administrator under sub- tection; and section (d)(1), the recommendations of the (D) all hazards during oceanic operations, sparsely populated, low-density Class G air traffic airspace to conduct experiments and Radio Technical Committee Aeronautics where commercial traffic is high and only Special Committee 203 (RTCA-SC 203), and rudimentary satellite sensing is available, to collect data in order to accelerate the safe integration of unmanned aerial systems into the data generated from the 3 pilot projects reduce the hazards presented to commercial conducted under subsection (c). aviation. the National Airspace System as follows: (A) 1 project shall address operational SEC. 608. REAUTHORIZATION OF CENTER OF EX- SEC. 607. INCORPORATION OF UNMANNED AER- CELLENCE IN APPLIED RESEARCH IAL SYSTEMS INTO FAA PLANS AND issues required for integration of Category 1 AND TRAINING IN THE USE OF AD- POLICIES. unmanned aerial systems. (B) 1 project shall address operational VANCED MATERIALS IN TRANSPORT (a) RESEARCH.— AIRCRAFT. issues required for integration of Category 2 (1) EQUIPMENT.—Section 44504 is amended— Section 708(b) of the Vision 100—Century of unmanned aerial systems. (A) by inserting ‘‘unmanned and manned’’ Aviation Reauthorization Act (49 U.S.C. 44504 (C) 1 project shall address operational in subsection (a) after ‘‘improve’’; note) is amended by striking ‘‘$500,000 for fis- issues required for integration of Category 3 (B) by striking ‘‘and’’ after the semicolon cal year 2004’’ and inserting ‘‘$1,000,000 for unmanned aerial systems. in subsection (b)(6); each of fiscal years 2008 through 2012’’. (C) by striking ‘‘aircraft.’’ in subsection (2) USE OF CONSORTIA.—In conducting the pilot projects, the Administrator shall en- SEC. 609. PILOT PROGRAM FOR ZERO EMISSION (b)(7) and inserting ‘‘aircraft; and’’; and AIRPORT VEHICLES. (D) by adding at the end of subsection (b) courage the formation of consortia from the (a) IN GENERAL.—Subchapter I of chapter the following: public and private sectors, educational insti- tutions, and non-profit organization. 471 is amended by inserting after section ‘‘(8) in conjunction with other Federal 47136 the following: agencies as appropriate, to develop tech- (3) REPORT.—Within 60 days after com- nologies and methods to assess the risk of pleting the pilot projects, the Administrator ‘‘§ 47136A. Zero emission airport vehicles and and prevent defects, failures, and malfunc- shall transmit a report to the Senate Com- infrastructure tions of products, parts, and processes, for mittee on Commerce, Science, and Transpor- ‘‘(a) IN GENERAL.—The Secretary of Trans- use in all classes of unmanned aerial systems tation and the House of Representatives portation shall establish a pilot program that could result in a catastrophic failure.’’. Committee on Transportation and Infra- under which the sponsor of a public-use air- (2) HUMAN FACTORS; SIMULATIONS.—Section structure setting forth the Administrator’s port may use funds made available under 44505(b) is amended— findings and conclusions concerning the section 47117 or section 48103 for use at such (A) by striking ‘‘and’’ after the semicolon projects. airports or passenger facility revenue (as de- in paragraph (4); (4) AUTHORIZATION OF APPROPRIATIONS.— fined in section 40117(a)(6)) to carry out ac- (B) by striking ‘‘programs.’’ in paragraph There are authorized to be appropriated to tivities associated with the acquisition and (5)(C) and inserting ‘‘programs; and’’; and the Administrator for fiscal years 2008 and operation of zero emission vehicles (as de- (C) by adding at the end thereof the fol- 2009 such sums as may be necessary to con- fined in section 88.120-94 of title 40, Code of lowing: duct the pilot projects. Federal Regulations), including the con- ‘‘(6) to develop a better understanding of (d) FAA TASK LIST.— struction or modification of infrastructure the relationship between human factors and (1) STREAMLINE UNMANNED AERIAL SYSTEMS to facilitate the delivery of fuel and services unmanned aerial systems air safety; and CERTIFICATION PROCESS.—Within 30 days after necessary for the use of such vehicles. Any ‘‘(7) to develop dynamic simulation models the date of enactment of this Act, the Ad- use of funds authorized by the preceding sen- of integrating all classes of unmanned aerial ministrator of the Federal Aviation Admin- tence shall be considered to be an authorized systems into the National Air Space.’’. istration shall develop and transmit an un- use of funds under section 47117 or section (b) NATIONAL ACADEMY OF SCIENCES AS- manned aerial systems ‘‘roadmap’’ to the 48103, or an authorized use of passenger facil- SESSMENT.— Senate Committee on Commerce, Science, ity revenue (as defined in section 40117(a)(6)), (1) IN GENERAL.—Within 3 months after the and Transportation and the House of Rep- as the case may be. date of enactment of this Act, the Adminis- resentatives Committee on Transportation ‘‘(b) LOCATION IN AIR QUALITY NONATTAIN- trator of the Federal Aviation Administra- and Infrastructure. MENT AREAS.— tion shall enter into an arrangement with (2) UPDATE POLICY STATEMENT.—Within 45 ‘‘(1) IN GENERAL.—A public-use airport the National Academy of Science for an as- days after the date of enactment of this Act, shall be eligible for participation in the pilot sessment of unmanned aerial systems that the Administrator shall issue an updated program only if the airport is located in an shall include consideration of— policy statement on unmanned aerial sys- air quality nonattainment area (as defined in (A) human factors regarding unmanned tems under Docket No. FAA-2006-25714; No- section 171(2) of the Clean Air Act (42 U.S.C. aerial systems operation; tice No. 07-01. 7501(2))).

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‘‘(2) SHORTAGE OF CANDIDATES.—If the Sec- duce harmful emissions and increase energy trator shall seek and consider the rec- retary receives an insufficient number of ap- efficiency at the airport. To be eligible for ommendations, if any, offered by the Avia- plications from public-use airports located in such a grant, the sponsor of such an airport tion Rulemaking Committee for Overflight such areas, then the Secretary may consider shall submit an application to the Secretary, Fees that are intended to ensure that over- applications from public-use airports that at such time, in such manner, and con- flight fees are reasonably related to the Ad- are not located in such areas. taining such information as the Secretary ministrator’s costs of providing air traffic ‘‘(c) SELECTION CRITERIA.—In selecting may require.’’. control and related services to overflights. In from among applicants for participation in (b) CONFORMING AMENDMENT.—The chapter addition, the Administrator may periodi- the program, the Secretary shall give pri- analysis for chapter 471 is amended by in- cally modify the fees established under this ority consideration to applicants that will serting after the item relating to section section either on the Administrator’s own achieve the greatest air quality benefits 47140 the following: initiative or on a recommendation from the measured by the amount of emissions re- ‘‘47140A. Reduction of emissions from airport Air Traffic Control Modernization Board. duced per dollar of funds expended under the power sources’’. ‘‘(3) COST DATA.—The adjustment of over- program. flight fees under paragraph (2) shall be based TITLE VII—MISCELLANEOUS ‘‘(d) FEDERAL SHARE.—Notwithstanding on the costs to the Administration of pro- any other provision of this subchapter, the SEC. 701. GENERAL AUTHORITY. viding the air traffic control and related ac- Federal share of the costs of a project car- (a) THIRD PARTY LIABILITY.—Section tivities, services, facilities, and equipment ried out under the program shall be 50 per- 44303(b) is amended by striking ‘‘December using the available data derived from the Ad- cent. 31, 2006,’’ and inserting ‘‘December 31, 2012,’’. ministration’s cost accounting system and ‘‘(e) TECHNICAL ASSISTANCE.— (b) EXTENSION OF PROGRAM AUTHORITY.— cost allocation system to users, as well as ‘‘(1) IN GENERAL.—The sponsor of a public- Section 44310 is amended by striking ‘‘March budget and operational data. use airport carrying out activities funded 30, 2008.’’ and inserting ‘‘October 1, 2017.’’. ‘‘(4) AIRCRAFT ALTITUDE.—Nothing in this under the program may not use more than 10 SEC. 702. HUMAN INTERVENTION MANAGEMENT section shall require the Administrator to percent of the amounts made available under STUDY. take into account aircraft altitude in estab- the program in any fiscal year for technical Within 6 months after the date of enact- lishing any fee for aircraft operations in en assistance in carrying out such activities. ment of this Act, the Administrator of the route or oceanic airspace. ‘‘(2) ELIGIBLE CONSORTIUM.—To the max- Federal Aviation Administration shall de- ‘‘(5) COSTS DEFINED.—In this subsection, imum extent practicable, participants in the velop a Human Intervention Management the term ‘costs’ means those costs associated program shall use an eligible consortium (as Study program for cabin crews employed by with the operation, maintenance, debt serv- defined in section 5506 of this title) in the re- commercial air carriers in the United States. ice, and overhead expenses of the services gion of the airport to receive technical as- SEC. 703. AIRPORT PROGRAM MODIFICATIONS. provided and the facilities and equipment sistance described in paragraph (1). The Administrator of the Federal Aviation used in such services, including the projected ‘‘(f) MATERIALS IDENTIFYING BEST PRAC- Administration— costs for the period during which the serv- TICES.—The Secretary may develop and (1) shall establish a formal, structured cer- ices will be provided. make available materials identifying best tification training program for the airport ‘‘(6) PUBLICATION; COMMENT.—The Adminis- practices for carrying out activities funded concessions disadvantaged business enter- trator shall publish in the Federal Register under the program based on projects carried prise program; and any fee schedule under this section, includ- out under section 47136 and other sources.’’. (2) may appoint 3 additional staff to imple- ing any adjusted overflight fee schedule, and (b) REPORT ON EFFECTIVENESS OF PRO- ment the programs of the airport conces- the associated collection process as a pro- GRAM.—Not later than 18 months after the sions disadvantaged business enterprise ini- posed rule, pursuant to which public com- date of enactment of this section, the Sec- tiative. ment will be sought and a final rule issued.’’. retary of Transportation shall transmit a re- SEC. 704. MISCELLANEOUS PROGRAM EXTEN- (b) ADMINISTRATIVE PROVISION.—Section port to the Senate Committee on Commerce, SIONS. 45303(c)(2) is amended to read as follows: Science, and Transportation the House of (a) EXTENSION OF METROPOLITAN WASH- ‘‘(2) shall be available to the Administrator Representatives Committee on Transpor- INGTON AIRPORTS AUTHORITY.—Section 49108 for expenditure for purposes authorized by tation and Infrastructure containing— is amended by striking ‘‘2008,’’ and inserting Congress for the Federal Aviation Adminis- (1) an evaluation of the effectiveness of the ‘‘2011,’’. tration, however, fees established by section pilot program; (b) MARSHALL ISLANDS, FEDERATED STATES 45301(a)(1) of title 49 of the United States (2) an identification of all public-use air- OF MICRONESIA, AND PALAU.—Section 47115(j) Code shall be available only to pay the cost ports that expressed an interest in partici- is amended by striking ‘‘2007,’’ and inserting of activities and services for which the fee is pating in the program; and ‘‘2011,’’. imposed, including the costs to determine, (3) a description of the mechanisms used by (c) MIDWAY ISLAND AIRPORT.—Section assess, review, and collect the fee; and’’. the Secretary to ensure that the information 186(d) of the Vision 100—Century of Aviation SEC. 707. TECHNICAL CORRECTIONS. and know-how gained by participants in the Reauthorization Act (17 Stat. 2518) is amend- Section 40122(g), as amended by section 307 program is transferred among the partici- ed by striking ‘‘October 1, 2007,’’ and insert- of this Act, is further amended— pants and to other interested parties, includ- ing ‘‘October 1, 2011,’’. (1) by striking ‘‘2302(b), relating to whistle- ing other public-use airports. SEC. 705. EXTENSION OF COMPETITIVE ACCESS blower protection,’’ in paragraph (2)(A) and (c) CONFORMING AMENDMENT.—The chapter REPORTS. inserting ‘‘2302,’’; analysis for chapter 471 is amended by in- Section 47107(s) is amended by striking (2) by striking ‘‘and’’ after the semicolon serting after the item relating to section paragraph (3). in paragraph (2)(H). 47136 the following: SEC. 706. UPDATE ON OVERFLIGHTS. (3) by striking ‘‘Plan.’’ in paragraph ‘‘47136A. Zero emission airport vehicles and (a) IN GENERAL.—Section 45301(b) is amend- (2)(I)(iii) and inserting ‘‘Plan; and’’; infrastructure’’. ed to read as follows: (4) by adding at the end of paragraph (2) SEC. 610. REDUCTION OF EMISSIONS FROM AIR- ‘‘(b) LIMITATIONS.— the following: PORT POWER SOURCES. ‘‘(1) IN GENERAL.—In establishing fees ‘‘(J) sections 6381 through 6387, relating to (a) IN GENERAL.—Subchapter I of chapter under subsection (a), the Administrator shall Family and Medical Leave.’’; and 471 is amended by inserting after section ensure that the fees required by subsection (5) by adding at the end of paragraph (3) 47140 the following: (a) are reasonably related to the Administra- ‘‘Notwithstanding any other provision of ‘‘§ 47140A. Reduction of emissions from air- tion’s costs, as determined by the Adminis- law, retroactive to April 1, 1996, the Board port power sources trator, of providing the services rendered. shall have the same remedial authority over ‘‘(a) IN GENERAL.—The Secretary of Trans- Services for which costs may be recovered such employee appeals that it had as of portation shall establish a program under include the costs of air traffic control, navi- March 31, 1996.’’. which the sponsor of each airport eligible to gation, weather services, training, and emer- SEC. 708. FAA TECHNICAL TRAINING AND STAFF- receive grants under section 48103 is encour- gency services which are available to facili- ING. aged to assess the airport’s energy require- tate safe transportation over the United (a) STUDY.— ments, including heating and cooling, base States, and other services provided by the (1) IN GENERAL.—The Comptroller General load, back-up power, and power for on-road Administrator or by programs financed by shall conduct a study of the training of air- airport vehicles and ground support equip- the Administrator to flights that neither way transportation systems specialists of ment, in order to identify opportunities to take off nor land in the United States. The the Federal Aviation Administration that in- reduce harmful emissions and increase en- determination of such costs by the Adminis- cludes— ergy efficiency at the airport. trator is not subject to judicial review. (A) an analysis of the type of training pro- ‘‘(b) GRANTS.—The Secretary may make ‘‘(2) ADJUSTMENT OF FEES.—The Adminis- vided to such specialists; grants under section 48103 to assist airport trator shall adjust the overflight fees estab- (B) an analysis of the type of training that sponsors that have completed the assessment lished by subsection (a)(1) by expedited rule- such specialists need to be proficient in the described in subsection (a) to acquire or con- making and begin collections under the ad- maintenance of the latest technologies; struct equipment, including hydrogen equip- justed fees by October 1, 2009. In developing (C) actions that the Administration has ment and related infrastructure, that will re- the adjusted overflight fees, the Adminis- undertaken to ensure that such specialists

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receive up-to-date training on such tech- (i) by striking ‘‘Director of the National ‘‘(D) REVIEW AND APPROVAL BY THE SEC- nologies; Park Service’’ in subsection (a) and inserting RETARY AND THE ADMINISTRATOR.— (D) the amount and cost of training pro- ‘‘Secretary of the Interior’’; ‘‘(i) REVIEW.—Before executing a voluntary vided by vendors for such specialists; (ii) by striking ‘‘Director’’ each place it ap- agreement described in subparagraph (A), a (E) the amount and cost of training pro- pears and inserting ‘‘Secretary of the Inte- national park shall submit the voluntary vided by the Administration after developing rior’’; agreement to the Secretary and the Admin- in-house training courses for such special- (iii) by striking ‘‘National Park Service’’ istrator for review and approval. ists; each place it appears in subsection (b) and ‘‘(ii) APPROVAL.—Not later than 60 days (F) the amount and cost of travel required inserting ‘‘Department of the Interior’’; after receiving the agreement from the na- of such specialists in receiving training; and (iv) by striking ‘‘National Park Service’’ in tional park, the Secretary and the Adminis- (G) a recommendation regarding the most subsection (d)(2) and inserting ‘‘Department trator shall inform the national park of the cost-effective approach to providing such of the Interior’’; and determination of the Secretary and the Ad- training. (C) in section 807— ministrator regarding the approval of the (2) REPORT.—Within 1 year after the date of (i) by striking ‘‘National Park Service’’ in agreement. enactment of this Act, the Comptroller Gen- subsection (a)(1) and inserting ‘‘Department ‘‘(E) RESCISSION OF VOLUNTARY AGREE- eral shall transmit a report on the study of the Interior’’; and MENT.— containing the Comptroller General’s find- (ii) by striking ‘‘Director of the National ‘‘(i) BY THE SECRETARY.—The Secretary ings and recommendations to the Senate Park Service’’ in subsection (b) and inserting may rescind a voluntary agreement de- Committee on Commerce, Science, and ‘‘Secretary of the Interior’’. scribed in subparagraph (A) if the Secretary Transportation and the House of Representa- (b) ALLOWING OVERFLIGHTS IN CASE OF determines that the agreement does not ade- tives Committee on Transportation and In- AGREEMENT.—Paragraph (1) of subsection (a) quately protect park resources or visitor ex- frastructure. of section 40128 is amended— periences. (b) STUDY BY NATIONAL ACADEMY OF (1) by striking ‘‘and’’ in subparagraph (B); ‘‘(ii) BY THE ADMINISTRATOR.—The Admin- SCIENCES.— (2) by striking ‘‘lands.’’ in subparagraph istrator may rescind a voluntary agreement (1) IN GENERAL.—Not later than 90 days (C) and inserting ‘‘lands; and’’; and described in subparagraph (A) if the Admin- after the date of enactment of this Act, the (3) by adding at the end the following: istrator determines that the agreement ad- Administrator of the Federal Aviation Ad- ‘‘(D) in accordance with a voluntary agree- versely affects aviation safety or the man- ministration shall contract with the Na- ment between the commercial air tour oper- agement of the national airspace system. tional Academy of Sciences to conduct a ator and appropriate representatives of the ‘‘(iii) EFFECT OF RESCISSION.—If the Sec- study of the assumptions and methods used national park or tribal lands, as the case retary or the Administrator rescinds a vol- by the Federal Aviation Administration to may be.’’. untary agreement described in subparagraph estimate staffing needs for Federal Aviation (c) ADDITIONAL EXEMPTIONS TO AIR TOUR (A), the commercial air tour operator that Administration air traffic controllers, sys- MANAGEMENT PLANS.—Subsection (a) of sec- was a party to the agreement shall operate tem specialists, and engineers to ensure tion 40128 is further amended by adding at under the requirements for interim oper- proper maintenance, certification, and oper- the end the following: ating authority of subsection (c) until an air ation of the National Airspace System. The ‘‘(5) WAIVER FOR NATIONAL PARKS WITH 100 tour management plan for the national park National Academy of Sciences shall consult OR FEWER COMMERCIAL AIR TOUR OPERATIONS becomes effective.’’. with the Exclusive Bargaining Representa- PER YEAR.— (d) MODIFICATION OF INTERIM OPERATING tive certified under section 7111 of title 5, ‘‘(A) IN GENERAL.—Subject to subparagraph AUTHORITY.—Subsection (c)(2)(I) of section United States Code, and the Administration (B), and without further administrative or 40128 is amended to read as follows: (including the Civil Aeronautical Medical In- environmental process, the Secretary may ‘‘(I) may allow for modifications of the in- stitute) and examine data entailing human waive the requirements of this section with terim operating authority without further factors, traffic activity, and the technology respect to a national park over which 100 or environmental process, if— at each facility. fewer commercial air tour operations are ‘‘(i) adequate information on the existing (2) CONTENTS.—The study shall include— conducted in a year. and proposed operations of the commercial (A) recommendations for objective staffing ‘‘(B) EXCEPTION TO WAIVER IF NECESSARY TO air tour operator is provided to the Adminis- standards that maintain the safety of the PROTECT PARK RESOURCES.— trator and the Secretary by the operator National Airspace System; and ‘‘(i) IN GENERAL.—The Secretary may not seeking operating authority; (B) the approximate length of time for de- waive the requirements of this section if the ‘‘(ii) the Administrator determines that veloping such standards. Secretary determines that an air tour man- the modifications would not adversely affect (3) REPORT.—Not later than 24 months agement plan is necessary to protect park aviation safety or the management of the after executing a contract under subsection resources and values. national airspace system; and (a), the National Academy of Sciences shall ‘‘(ii) NOTICE AND PUBLICATION.—The Sec- ‘‘(iii) the Secretary agrees that the modi- transmit a report containing its findings and retary shall inform the Administrator in fications would not adversely affect park re- recommendations to the Congress. writing of the determinations under clause sources and visitor experiences.’’. (c) SAFETY STAFFING MODEL.—Within 18 (i), and the Secretary and the Administrator (e) REPORTING REQUIREMENTS FOR COMMER- months after the date of enactment of this shall publish in the Federal Register a list of CIAL AIR TOUR OPERATORS.— Act, the Administrator of the Federal Avia- the national parks that fall under this sub- (1) IN GENERAL.—Not later than 90 days tion Administration shall develop a staffing paragraph. after the date of the enactment of this Act, model for aviation safety inspectors. In de- ‘‘(6) WAIVER WITH RESPECT TO VOLUNTARY and annually thereafter, each commercial veloping the model, the Administrator shall AGREEMENTS.— air tour conducting commercial air tour op- consult with representatives of the aviation ‘‘(A) IN GENERAL.—The Secretary may erations over a national park shall report to safety inspectors and other interested par- waive the requirements of this section if a the Administrator of the Federal Aviation ties. commercial air tour operator enters into a Administration and the Secretary of the In- voluntary agreement with a national park to terior on— SEC. 709. COMMERCIAL AIR TOUR OPERATORS IN manage commercial air tour operations over (A) the number of commercial air tour op- NATIONAL PARKS. the national park. erations conducted by such operator over the (a) SECRETARY OF THE INTERIOR AND OVER- ‘‘(B) PURPOSE OF VOLUNTARY AGREE- national park each day; FLIGHTS OF NATIONAL PARKS.— MENTS.—A voluntary agreement described in (B) any relevant characteristics of com- (1) Section 40128 is amended— subparagraph (A) shall seek to protect park mercial air tour operations, including the (A) by striking paragraph (8) of subsection resources and visitor experiences without routes, altitudes, duration, and time of day (f); compromising aviation safety, and may— of flights; and (B) by striking ‘‘Director’’ each place it ap- ‘‘(i) include provisions described in sub- (C) such other information as the Adminis- pears and inserting ‘‘Secretary of the Inte- paragraph (B) through (E) of subsection trator and the Secretary may determine nec- rior’’; (b)(3); essary to administer the provisions of the (C) by striking ‘‘National Park Service’’ in ‘‘(ii) include provisions to ensure the sta- National Parks Air Tour Management Act of subsection (a)(2)(B)(vi) and inserting ‘‘De- bility of, and compliance with, the provi- 2000 (49 U.S.C. 40128 note). partment of the Interior’’; and sions of the voluntary agreement; and (2) FORMAT.—The report required by para- (D) by striking ‘‘National Park Service’’ in ‘‘(iii) set forth a fee schedule for operating graph (1) shall be submitted in such form as subsection (b)(4)(C) and inserting ‘‘Depart- over the national park. the Administrator and the Secretary deter- ment of the Interior’’. ‘‘(C) CONSULTATION.—Before entering into a mine to be appropriate. (2) The National Parks Air Tour Manage- voluntary agreement described in subpara- (3) EFFECT OF FAILURE TO REPORT.—The Ad- ment Act of 2000 (49 U.S.C. 40128 note) is graph (A), a national park shall consult with ministrator shall rescind the operating au- amended— any Indian tribe over whose tribal lands a thority of a commercial air tour operator (A) by striking ‘‘Director’’ in section 804(b) commercial air tour operator may conduct that fails to file a report not later than 180 and inserting ‘‘Secretary of the Interior’’; commercial air tour operations pursuant to days after the date for the submittal of the (B) in section 805— the voluntary agreement. report described in paragraph (1).

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(4) AUDIT OF REPORTS.—Not later than 2 (B) an air tour management plan is com- (b) CONFORMING AMENDMENTS.— years after the date of the enactment of this pleted for the national park over which the (1) Section 47531 is amended by striking Act, and at such times thereafter as the In- operator seeks to conduct commercial air ‘‘47529, or 47530’’ and inserting ‘‘47529, 47530, spector General of the Department of Trans- tour operations. or 47534’’. portation determines necessary, the Inspec- (3) INCREASE IN INTERIM OPERATING AUTHOR- (2) Section 47532 is amended by striking tor General shall audit the reports required ITY.—The Administrator and the Secretary ‘‘47528-47531’’ and inserting ‘‘47528 through by paragraph (1). may increase the interim operating author- 47531 or 47534’’. (f) COLLECTION OF FEES FROM AIR TOUR OP- ity while an air tour management plan is (3) The chapter analysis for chapter 475 is ERATIONS.— being developed for a park if— amended by inserting after the item relating (1) IN GENERAL.—The Secretary of the Inte- (A) the Secretary determines that such an to section 47533 the following: rior may assess a fee in an amount deter- increase does not adversely impact park re- ‘‘47534. Prohibition on operating certain air- mined by the Secretary under paragraph (2) sources or visitor experiences; and craft weighing 75,000 pounds or on a commercial air tour operator con- (B) the Administrator determines that less not complying with stage 3 ducting commercial air tour operations over granting interim operating authority does noise levels’’. a national park. not adversely affect aviation safety or the (c) EFFECTIVE DATE.—The amendments (2) AMOUNT OF FEE.—In determining the management of the national airspace sys- made by this section shall take effect 5 years amount of the fee assessed under paragraph tem. after the date of enactment of this Act. (1), the Secretary shall consider the cost of (4) ENFORCEMENT OF OPERATING AUTHOR- SEC. 711. WEIGHT RESTRICTIONS AT TETERBORO developing air tour management plans for ITY.—The Administrator is authorized and AIRPORT. each national park. directed to enforce the requirements of this On and after the date of the enactment of (3) EFFECT OF FAILURE TO PAY FEE.—The Act and any agency rules or regulations re- this Act, the Administrator of the Federal Administrator of the Federal Aviation Ad- lated to operating authority. Aviation Administration is prohibited from ministration shall revoke the operating au- SEC. 710. PHASEOUT OF STAGE 1 AND 2 AIR- taking actions designed to challenge or in- thority of a commercial air tour operator CRAFT. fluence weight restrictions or prior permis- conducting commercial air tour operations (a) IN GENERAL.—Subchapter II of chapter sion rules at Teterboro Airport in Teterboro, over any national park, including the Grand 475 is amended by adding at the end the fol- New Jersey. lowing: Canyon National Park, that has not paid the SEC. 712. PILOT PROGRAM FOR REDEVELOP- fee assessed by the Secretary under para- ‘‘§ 47534. Prohibition on operating certain air- MENT OF AIRPORT PROPERTIES. graph (1) by the date that is 180 days after craft weighing 75,000 pounds or less not (a) IN GENERAL.—Within 1 year after the the date on which the Secretary determines complying with Stage 3 noise levels date of enactment of this Act, the Adminis- the fee shall be paid. ‘‘(a) PROHIBITION.—Except as provided in trator of the Federal Aviation Administra- (g) AUTHORIZATION OF APPROPRIATIONS FOR subsection (b), (c), or (d), a person may not tion shall establish a pilot program at up to AIR TOUR MANAGEMENT PLANS.— operate a civil subsonic turbojet with a max- 4 public-use airports for airport sponsors (1) IN GENERAL.—There are authorized to be imum weight of 75,000 pounds or less to or that have submitted a noise compatibility appropriated $10,000,000 to the Secretary of from an airport in the United States unless program to the Federal Aviation Adminis- the Interior for the development of air tour the Secretary of Transportation finds that tration, from funds apportioned under sec- management plans under section 40128(b) of the aircraft complies with stage 3 noise lev- tion 47504 or section 40117 of title 49, United title 49, United States Code. els. States Code, in partnership with affected (2) USE OF FUNDS.—The funds authorized to ‘‘(b) EXCEPTION.—Subsection (a) shall not neighboring local jurisdictions, to support be appropriated by paragraph (1) shall be apply to aircraft operated only outside the 48 joint planning, engineering design, and envi- contiguous States. used to develop air tour management plans ronmental permitting for the assembly and ‘‘(c) OPT-OUT.—Subsection (a) shall not for the national parks the Secretary deter- redevelopment of property purchased with mines would most benefit from such a plan. apply at an airport where the airport oper- ator has notified the Secretary that it wants noise mitigation funds or passenger facility (h) GUIDANCE TO DISTRICT OFFICES ON COM- to continue to permit the operation of civil charge funds, to encourage airport-compat- MERCIAL AIR TOUR OPERATORS.—The Admin- subsonic turbojets with a maximum weight ible land uses and generate economic bene- istrator of the Federal Aviation Administra- of 75,000 pounds or less that do not comply fits to the local airport authority and adja- tion shall provide to the Administration’s with stage 3 noise levels. The Secretary shall cent community. district offices clear guidance on the ability post the notices received under this sub- (b) NOISE COMPATABILITY MEASURES.—Sec- of commercial air tour operators to obtain— section on its website or in another place tion 47504(a)(2) is amended— (1) increased safety certifications; easily accessible to the public. (1) by striking ‘‘and’’ after the semicolon (2) exemptions from regulations requiring ‘‘(d) LIMITATION.—The Secretary shall per- in subparagraph (D); safety certifications; and mit a person to operate Stage 1 and Stage 2 (2) by striking ‘‘operations.’’ in subpara- (3) other information regarding compliance aircraft with a maximum weight of 75,000 graph (E) and inserting ‘‘operations;’’; and with the requirements of this Act and other pounds or less to or from an airport in the (3) by adding at the end the following: Federal and State laws and regulations. contiguous 48 States in order— ‘‘(F) joint comprehensive land use planning (i) OPERATING AUTHORITY OF COMMERCIAL ‘‘(1) to sell, lease, or use the aircraft out- including master plans, traffic studies, envi- AIR TOUR OPERATORS.— side the 48 contiguous States; ronmental evaluation and economic and fea- (1) TRANSFER OF OPERATING AUTHORITY.— ‘‘(2) to scrap the aircraft; sibility studies, with neighboring local juris- (A) IN GENERAL.—Subject to subparagraph ‘‘(3) to obtain modifications to the aircraft dictions undertaking community redevelop- (B), a commercial air tour operator that ob- to meet stage 3 noise levels; ment in the area where the land or other tains operating authority from the Adminis- ‘‘(4) to perform scheduled heavy mainte- property interests acquired by the airport trator under section 40128 of title 49, United nance or significant modifications on the operator pursuant to this subsection is lo- States Code, to conduct commercial air tour aircraft at a maintenance facility located in cated, to encourage and enhance redevelop- operations may transfer such authority to the contiguous 48 states; ment opportunities that reflect zoning and another commercial air tour operator at any ‘‘(5) to deliver the aircraft to an operator uses that will prevent the introduction of ad- time. leasing the aircraft from the owner or return ditional incompatible uses and enhance rede- (B) NOTICE.—Not later than 30 days before the aircraft to the lessor; velopment potential; and the date on which a commercial air tour op- ‘‘(6) to prepare or park or store the aircraft ‘‘(G) utility upgrades and other site prepa- erator transfers operating authority under in anticipation of any of the activities de- ration efforts.’’. subparagraph (A), the operator shall notify scribed in paragraphs (1) through (5); or (c) GRANT REQUIREMENTS.—The Adminis- the Administrator and the Secretary of the ‘‘(7) to divert the aircraft to an alternative trator may not make a grant under sub- intent of the operator to transfer such au- airport in the 48 contiguous States on ac- section (a) unless the grant is made— thority. count of weather, mechanical, fuel air traffic (1) to enable the airport operator and local (C) REGULATIONS.—Not later than 180 days control or other safety reasons while con- jurisdictions undertaking the community re- after the date of the enactment of this Act, ducting a flight in order to perform any of development effort to expedite redevelop- the Administrator shall prescribe regula- the activities described in paragraphs (1) ment efforts; tions to allow transfers of operating author- through (6). (2) subject to a requirement that the local ity described in subparagraph (A). ‘‘(e) STATUTORY CONSTRUCTION.—Nothing in jurisdiction governing the property interests (2) TIME FOR DETERMINATION REGARDING OP- the section may be construed as interfering in question has adopted zoning regulations ERATING AUTHORITY.—Notwithstanding any with, nullifying, or otherwise affecting de- that permit airport compatible redevelop- other provision of law, the Administrator terminations made by the Federal Aviation ment; and shall determine whether to grant a commer- Administration, or to be made by the Admin- (3) subject to a requirement that, in deter- cial air tour operator operating authority istration, with respect to applications under mining the part of the proceeds from dis- under section 40128 of title 49, United States part 161 of title 14, Code of Federal Regula- posing of the land that is subject to repay- Code, not later than 180 days after the ear- tions, that were pending on the date of en- ment or reinvestment under section lier of the date on which— actment of the Aircraft Noise Reduction Act 47107(c)(2)(A) of title 49, United States Code, (A) the operator submits an application; or of 2006.’’. the total amount of the grant issued under

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this section shall be added to the amount of able price from at least 2 such carriers, the ‘‘(c) GOOD FAITH EFFORT REQUIRED.—The any grants issued for acquisition of land. Postal Service may seek offers or proposals Postal Service and potential offerors shall (d) DEMONSTRATION GRANTS.— from foreign air carriers. Where service in put a good-faith effort into resolving dis- (1) IN GENERAL.—The Administrator shall foreign air transportation meeting the Post- putes concerning the award of contracts provide grants under subsection (a) for dem- al Service’s requirements is unavailable at a made under subsection (b).’’. onstration projects distributed geographi- fair and reasonable price from at least 2 cer- (b) CONFORMING AMENDMENTS TO TITLE 49.— cally and targeted to airports that dem- tificated air carriers, either directly or (1) Section 41901(a) is amended by striking onstrate— through a code-share relationship with one ‘‘39.’’ and inserting ‘‘39, and in foreign air (A) a readiness to implement cooperative or more foreign air carriers, the Postal Serv- transportation under section 5402(b) and (c) land use management and redevelopment ice may contract with foreign air carriers to of title 39.’’. plans with the adjacent community; and provide the service sought if, when the Post- (2) Section 41901(b)(1) is amended by strik- (B) the probability of clear economic ben- al Service seeks offers or proposals from for- ing ‘‘in foreign air transportation or’’. efit to the local community and financial re- eign air carriers, it also seeks an offer or (3) Section 41902 is amended— turn to the airport through the implementa- proposal to provide that service from any (A) by striking ‘‘in foreign air transpor- tion of the redevelopment plan. certificated air carrier providing service be- tation or’’ in subsection (a); (2) FEDERAL SHARE.— tween those points, or pairs of points within (B) by striking subsection (b) and inserting (A) Notwithstanding any other provision of a geographic region or regions, on the same the following: law, the Federal share of the allowable costs terms and conditions that are being sought ‘‘(b) STATEMENTS ON PLACES AND SCHED- of a project carried out under the pilot pro- from foreign air carriers. ULES.—Every air carrier shall file with the gram shall be 80 percent. ‘‘(C) For purposes of this subsection, the United States Postal Service a statement (B) In determining the allowable costs, the Postal Service shall use a methodology for showing— Administrator shall deduct from the total determining fair and reasonable prices for ‘‘(1) the places between which the carrier is costs of the activities described in sub- the Postal Service designated region or re- authorized to transport mail in Alaska; section (a) that portion of the costs which is gions developed in consultation with, and ‘‘(2) every schedule of aircraft regularly op- equal to that portion of the total property to with the concurrence of, certificated air car- erated by the carrier between places de- be redeveloped under this section that is not riers representing at least 51 percent of scribed in paragraph (1) and every change in owned or to be acquired by the airport oper- available ton miles in the markets of inter- each schedule; and ator pursuant to the noise compatibility pro- est. ‘‘(3) for each schedule, the places served by gram or that is not owned by the affected ‘‘(D) For purposes of this subsection, ceil- the carrier and the time of arrival at, and de- neighboring local jurisdictions or other pub- ing prices determined pursuant to the meth- parture from, each such place.’’; lic entities. odology used under subparagraph (C) shall be (C) by striking ‘‘subsection (b)(3)’’ each (3) MAXIMUM AMOUNT.—Not more than presumed to be fair and reasonable if they do place it appears in subsections (c)(1) and (d) $5,000,000 in funds made available under sec- not exceed the ceiling prices derived from— and inserting ‘‘subsection (b)(2)’’; and tion 47117(e) of title 49, United States Code, ‘‘(i) a weighted average based on market (D) by striking subsections (e) and (f). may be expended under the pilot program at rate data furnished by the International Air (4) Section 41903 is amended by striking ‘‘in any single public-use airport. Transport Association or a subsidiary unit foreign air transportation or’’ each place it (4) EXCEPTION.—Amounts paid to the Ad- thereof; or appears. ministrator under subsection (c)(3)— ‘‘(ii) if such data are not available from (5) Section 41904 is amended— (A) shall be in addition to amounts author- those sources, such other neutral, regularly (A) by striking ‘‘to or in foreign countries’’ ized under section 48203 of title 49, United updated set of weighted average market in the section heading; States Code; rates as the Postal Service, with the concur- (B) by striking ‘‘to or in a foreign country’’ (B) shall not be subject to any limitation rence of certificated air carriers representing and inserting ‘‘between two points outside on grant obligations for any fiscal year; and at least 51 percent of available ton miles in the United States’’; and (C) shall remain available until expended. the markets of interest, may designate. (C) by inserting after ‘‘transportation.’’ (e) USE OF PASSENGER REVENUE.—An air- ‘‘(E) If, for purposes of subparagraph the following: ‘‘Nothing in this section shall port sponsor that owns or operates an air- (D)(ii), concurrence cannot be attained, then affect the authority of the Postal Service to port participating in the pilot program may the most recently available market rate data make arrangements with noncitizens for the use passenger facility revenue collected described in this subparagraph shall con- carriage of mail in foreign air transportation under section 40117 of title 49, United States tinue to apply for the relevant market or under subsections 5402(b) and (c) of title 39.’’. Code, to pay any project cost described in markets. (6) Section 41910 is amended by striking the subsection (a) that is not financed by a grant ‘‘(2) CONTRACT PROCESS.—The Postal Serv- first sentence and inserting ‘‘The United under the program. (f) SUNSET.—This section, other than the ice shall contract for foreign air transpor- States Postal Service may weigh mail trans- amendments made by subsections (b), shall tation as set forth in paragraph (1) through ported by aircraft between places in Alaska not be in effect after September 30, 2011. an open procurement process that will pro- and make statistical and administrative (g) REPORT TO CONGRESS.—The Adminis- vide— computations necessary in the interest of trator shall report to Congress within 18 ‘‘(A) potential offerors with timely notice mail service.’’. months after making the first grant under of business opportunities in sufficient detail (7) Chapter 419 is amended— this section on the effectiveness of this pro- to allow them to make a proposal; (A) by striking sections 41905, 41907, 41908, gram on returning Part 150 lands to produc- ‘‘(B) requirements, proposed terms and and 41911; and tive use. conditions, and evaluation criteria to poten- (B) redesignating sections 41906, 41909, SEC. 713. AIR CARRIAGE OF INTERNATIONAL tial offerors; and 41910, and 49112 as sections 41905, 41906, 41907, MAIL. ‘‘(C) an opportunity for unsuccessful and 41908, respectively. (a) CONTRACTING AUTHORITY.—Section 5402 offerors to receive prompt feedback upon re- (8) The chapter analysis for chapter 419 is of title 39, United States Code, is amended by quest. amended by redesignating the items relating striking subsections (b) and (c) and inserting ‘‘(3) EMERGENCY OR UNANTICIPATED CONDI- to sections 41906, 41909, 41910, and 49112 as re- the following: TIONS; INADEQUATE LIFT SPACE.—The Postal lating to sections 41905, 41906, 41907, and ‘‘(b) INTERNATIONAL MAIL.— Service may enter into contracts to trans- 41908, respectively. ‘‘(1) IN GENERAL.— port mail by air in foreign air transportation (9) Section 101(f) of title 39, United States ‘‘(A) Except as otherwise provided in this with a certificated air carrier or a foreign air Code, is amended by striking ‘‘mail and shall subsection, the Postal Service may contract carrier without complying with the require- make a fair and equitable distribution of for the transportation of mail by aircraft be- ments of paragraphs (b)(1) and (2) if— mail business to carriers providing similar tween any of the points in foreign air trans- ‘‘(A) emergency or unanticipated condi- modes of transportation services to the Post- portation only with certificated air carriers. tions exist that make it impractical for the al Service.’’ and inserting ‘‘mail.’’. A contract may be awarded to a certificated Postal Service to comply with such require- (9) Subsections (b) and (c) of section 3401 of air carrier to transport mail by air between ments; or title 39, United States Code, are amended— any of the points in foreign air transpor- ‘‘(B) its demand for lift exceeds the space (A) by striking ‘‘at rates fixed and deter- tation that the Secretary of Transportation available to it under existing contracts and— mined by the Secretary of Transportation in has authorized the carrier to serve either di- ‘‘(i) there is insufficient time available to accordance with section 41901 of title 49’’ and rectly or through a code-share relationship seek additional lift using procedures that inserting ‘‘or, for carriage of mail in foreign with one or more foreign air carriers. comply with those requirements without air transportation, other air carriers, air ‘‘(B) If the Postal Service has sought offers compromising the Postal Service’s service taxi operators or foreign air carriers as per- or proposals from certificated air carriers to commitments to its own customers; and mitted by section 5402 of this title’’; transport mail in foreign air transportation ‘‘(ii) the Postal Service first offers any cer- (B) by striking ‘‘at rates not to exceed between points, or pairs of points within a tificated air carrier holding a contract to those so fixed and determined for scheduled geographic region or regions, and has not re- carry mail between the relevant points the United States air carriers’’; ceived offers or proposals that meet Postal opportunity to carry such excess volumes (C) by striking ‘‘scheduled’’ each place it Service requirements at a fair and reason- under the terms of its existing contract. appears and inserting ‘‘certificated’’; and

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(D) by striking the last sentence in each essary or appropriate to implement sub- (c) EFFECTIVE DATE.—The amendments such subsection. section (a).’’. made by this section shall take effect on (10) Section 5402(a) of title 39, United (b) CONFORMING AMENDMENT.—The chapter July 1, 2008. States Code, is amended— analysis for chapter 417 is amended by in- SEC. 802. EXTENSION OF AIRPORT AND AIRWAY (A) by inserting ‘‘ ‘foreign air carrier’. ’’ serting after the item relating to section TRUST FUND EXPENDITURE AU- after ‘‘ ‘interstate air transportation’, ’’ in 41723 the following: THORITY. paragraph (2); ‘‘41724. Musical instruments’’. (a) IN GENERAL.—Paragraph (1) of section (B) by redesignating paragraphs (7) (c) EFFECTIVE DATE.—The amendments 9502(d) is amended— through (23) as paragraphs (8) through (24) made by this section shall take effect 30 days (1) by striking ‘‘July 1, 2008’’ in the matter and inserting after paragraph (6) the fol- after the date of enactment of this Act. preceding subparagraph (A) and inserting lowing: SEC. 715. RECYCLING PLANS FOR AIRPORTS. ‘‘October 1, 2011’’, and ‘‘(7) the term ‘certificated air carrier’ (a) AIRPORT PLANNING.—section 47102(5) is (2) by striking the semicolon at the end of means an air carrier that holds a certificate amended by striking ‘‘planning.’’ and insert- subparagraph (A) and inserting ‘‘or the Avia- of public convenience and necessity issued ing ‘‘planning and a plan for recycling and tion Investment and Modernization Act of under section 41102(a) of title 49;’’; and minimizing the generation of airport solid 2008;’’. (C) by redesignating paragraphs (9) waste, consistent with applicable State and (b) CONFORMING AMENDMENT.—Paragraph through (24), as redesignated, as paragraphs local recycling laws, including the cost of a (2) of section 9502(e) is amended by striking (10) through (25), respectively, and inserting waste audit.’’. ‘‘July 1, 2008’’ and inserting ‘‘October 1, 2011’’. after paragraph (8) the following: (b) MASTER PLAN.—Section 47106(a) is (c) EFFECTIVE DATE.—The amendments ‘‘(9) the term ‘code-share relationship’ amended— (1) by striking ‘‘and’’ at the end of para- made by this section shall take effect on means a relationship pursuant to which any graph (4); July 1, 2008. certificated air carrier or foreign air car- (2) by striking ‘‘proposed.’’ in paragraph (5) SEC. 803. MODIFICATION OF EXCISE TAX ON KER- rier’s designation code is used to identify a and inserting ‘‘proposed; and’’; and OSENE USED IN AVIATION. flight operated by another air carrier or for- (3) by adding at the end the following: (a) RATE OF TAX ON AVIATION-GRADE KER- eign air carrier;’’. ‘‘(6) if the project is for an airport that has OSENE.— (c) EFFECTIVE DATE.—The amendments an airport master plan, the master plan ad- (1) IN GENERAL.—Subparagraph (A) of sec- made by this section shall take effect on Oc- dresses— tion 4081(a)(2) (relating to rates of tax) is tober 1, 2008. ‘‘(A) the feasibility of solid waste recycling amended by striking ‘‘and’’ at the end of SEC. 714. TRANSPORTING MUSICAL INSTRU- at the airport; clause (ii), by striking the period at the end MENTS. ‘‘(B) minimizing the generation of solid of clause (iii) and inserting ‘‘, and’’, and by (a) IN GENERAL.—Subchapter I of chapter waste at the airport; adding at the end the following new clause: 417 is amended by adding at the end thereof ‘‘(C) operation and maintenance require- ‘‘(iv) in the case of aviation-grade ker- the following: ments; osene, 35.9 cents per gallon.’’. ‘‘§ 41724. Musical instruments ‘‘(D) the review of waste management con- (2) FUEL REMOVED DIRECTLY INTO FUEL TANK ‘‘(a) IN GENERAL.— tracts; OF AIRPLANE USED IN NONCOMMERCIAL AVIA- ‘‘(1) SMALL INSTRUMENTS AS CARRY-ON BAG- ‘‘(E) the potential for cost savings or the TION.—Subparagraph (C) of section 4081(a)(2) GAGE.—An air carrier providing air transpor- generation of revenue; and is amended to read as follows: tation shall permit a passenger to carry a ‘‘(F) training and education require- ‘‘(C) TAXES IMPOSED ON FUEL USED IN COM- violin, guitar, or other musical instrument ments.’’. MERCIAL AVIATION.—In the case of aviation- in the aircraft cabin without charge if— SEC. 716. CONSUMER INFORMATION PAMPHLET. grade kerosene which is removed from any ‘‘(A) the instrument can be stowed safely Within 6 months after the date of enact- refinery or terminal directly into the fuel in a suitable baggage compartment in the ment of this Act, the Secretary of Transpor- tank of an aircraft for use in commercial aircraft cabin or under a passenger seat; and tation shall develop and make available to aviation by a person registered for such use ‘‘(B) there is space for such stowage at the the public in written and electronic form a under section 4101, the rate of tax under sub- time the passenger boards the aircraft. consumer and parental information pam- paragraph (A)(iv) shall be 4.3 cents per gal- ‘‘(2) LARGER INSTRUMENTS AS CARRY-ON phlet that includes— lon.’’. BAGGAGE.—An air carrier providing air trans- (1) a summary of the unaccompanied minor (3) EXEMPTION FOR AVIATION-GRADE KER- portation shall permit a passenger to carry a policies of major air carriers serving United OSENE REMOVED INTO AN AIRCRAFT.—Sub- musical instrument that is too large to meet States airports; section (e) of section 4082 is amended— the requirements of paragraph (1) in the air- (2) a summary of such carriers’ policies (A) by striking ‘‘kerosene’’ and inserting craft cabin without charge if— pertaining to passenger air travel by chil- ‘‘aviation-grade kerosene’’, ‘‘(A) the instrument is contained in a case dren aged 17 and under; (B) by striking ‘‘section 4081(a)(2)(A)(iii)’’ or covered so as to avoid injury to other pas- (3) recommendations to parents about who and inserting ‘‘section 4081(a)(2)(A)(iv)’’, and sengers; the appropriate authorities are to notify if a (C) by striking ‘‘KEROSENE’’ in the heading ‘‘(B) the weight of the instrument, includ- minor is traveling unsupervised and without and inserting ‘‘AVIATION-GRADE KEROSENE’’. ing the case or covering, does not exceed 165 parental consent on a major air carrier; and (4) CONFORMING AMENDMENTS.— pounds; (4) any additional recommendations the (A) Clause (iii) of section 4081(a)(2)(A) is ‘‘(C) the instrument can be secured by a Secretary deems appropriate or necessary. amended by inserting ‘‘other than aviation- seat belt to avoid shifting during flight; TITLE VIII—AMERICAN INFRASTRUCTURE grade kerosene’’ after ‘‘kerosene’’. ‘‘(D) the instrument does not restrict ac- INVESTMENT AND IMPROVEMENT (B) The following provisions are each cess to, or use of, any required emergency SECTION 800. SHORT TITLE, ETC. amended by striking ‘‘kerosene’’ and insert- exit, regular exit, or aisle; (a) SHORT TITLE; AMENDMENT OF 1986 ing ‘‘aviation-grade kerosene’’: ‘‘(E) the instrument does not obscure any CODE.—This title may be cited as the ‘‘Amer- (i) Section 4081(a)(3)(A)(ii). passenger’s view of any illuminated exit, ican Infrastructure Investment and Improve- (ii) Section 4081(a)(3)(A)(iv). warning, or other informational sign; ment Act of 2008’’. (iii) Section 4081(a)(3)(D). ‘‘(F) neither the instrument nor the case (b) AMENDMENT OF 1986 CODE.—Except as (C) Section 4081(a)(3)(D) is amended— contains any object not otherwise permitted otherwise expressly provided, whenever in (i) by striking ‘‘paragraph (2)(C)(i)’’ in to be carried in an aircraft cabin because of this title an amendment or repeal is ex- clause (i) and inserting ‘‘paragraph (2)(C)’’, a law or regulation of the United States; and pressed in terms of an amendment to, or re- and ‘‘(G) the passenger wishing to carry the in- peal of, a section or other provision, the ref- (ii) by striking ‘‘paragraph (2)(C)(ii)’’ in strument in the aircraft cabin has purchased erence shall be considered to be made to a clause (ii) and inserting ‘‘paragraph an additional seat to accommodate the in- section or other provision of the Internal (2)(A)(iv)’’. strument. Revenue Code of 1986. (D) Section 4081(a)(4) is amended— ‘‘(3) LARGE INSTRUMENTS AS CHECKED BAG- Subtitle A—Airport and Airway Trust Fund (i) in the heading by striking ‘‘KEROSENE’’ GAGE.—An air carrier shall transport as bag- Provisions and Related Taxes and inserting ‘‘AVIATION-GRADE KEROSENE’’, gage, without charge, a musical instrument SEC. 801. EXTENSION OF TAXES FUNDING AIR- and that is the property of a passenger traveling PORT AND AIRWAY TRUST FUND. (ii) by striking ‘‘paragraph (2)(C)(i)’’ and in air transportation that may not be carried (a) FUEL TAXES.—Subparagraph (B) of sec- inserting ‘‘paragraph (2)(C)’’. in the aircraft cabin if— tion 4081(d)(2) is amended by striking ‘‘June (E) Section 4081(d)(2) is amended by strik- ‘‘(A) the sum of the length, width, and 30, 2008’’ and inserting ‘‘September 30, 2011’’. ing ‘‘(a)(2)(C)(ii)’’ and inserting height measured in inches of the outside lin- (b) TICKET TAXES.— ‘‘(a)(2)(A)(iv)’’. ear dimensions of the instrument (including (1) PERSONS.—Clause (ii) of section (b) RETAIL TAX ON AVIATION FUEL.— the case) does not exceed 120 inches; and 4261(j)(1)(A) is amended by striking ‘‘June 30, (1) EXEMPTION FOR PREVIOUSLY TAXED ‘‘(B) the weight of the instrument does not 2008’’ and inserting ‘‘September 30, 2011’’. FUEL.—Paragraph (2) of section 4041(c) is exceed 100 pounds. (2) PROPERTY.—Clause (ii) of section amended by inserting ‘‘at the rate specified ‘‘(b) REGULATIONS.—The Secretary may 4271(d)(1)(A) is amended by striking ‘‘June 30, in subsection (a)(2)(A)(iv) thereof’’ after prescribe such regulations as may be nec- 2008’’ and inserting ‘‘September 30, 2011’’. ‘‘section 4081’’.

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(2) RATE OF TAX.—Paragraph (3) of section (2) TRANSFERS ON ACCOUNT OF CERTAIN RE- (6) EXCEPTION FOR CERTAIN AMOUNTS OF 4041(c) is amended to read as follows: FUNDS.— FUEL.— ‘‘(3) RATE OF TAX.—The rate of tax imposed (A) IN GENERAL.—Subsection (d) of section (A) IN GENERAL.—No tax shall be imposed by this subsection shall be the rate of tax in 9502 is amended— by paragraph (1) on any aviation fuel held on effect under section 4081(a)(2)(A)(iv) (4.3 (i) in paragraph (2) by striking ‘‘(other January 1, 2009, by any person if the aggre- cents per gallon with respect to any sale or than subsection (l)(4) thereof)’’, and gate amount of such aviation fuel held by use for commercial aviation).’’. (ii) in paragraph (3) by striking ‘‘(other such person on such date does not exceed (c) REFUNDS RELATING TO AVIATION-GRADE than payments made by reason of paragraph 2,000 gallons. The preceding sentence shall KEROSENE.— (4) of section 6427(l))’’. apply only if such person submits to the Sec- (1) KEROSENE USED IN COMMERCIAL AVIA- (B) CONFORMING AMENDMENTS.— retary (at the time and in the manner re- TION.—Clause (ii) of section 6427(l)(4)(A) is (i) Section 9503(b)(4) is amended by strik- quired by the Secretary) such information as amended by striking ‘‘specified in section ing ‘‘or’’ at the end of subparagraph (C), by the Secretary shall require for purposes of 4041(c) or 4081(a)(2)(A)(iii), as the case may striking the period at the end of subpara- this subparagraph. be,’’ and inserting ‘‘so imposed’’. graph (D) and inserting a comma, and by in- (B) EXEMPT FUEL.—For purposes of sub- (2) KEROSENE USED IN AVIATION.—Paragraph serting after subparagraph (D) the following: paragraph (A), there shall not be taken into (4) of section 6427(l) is amended— ‘‘(E) section 4081 to the extent attributable account any aviation fuel held by any person (A) by striking subparagraph (B) and redes- to the rate specified in clause (ii) or (iv) of which is exempt from the tax imposed by ignating subparagraph (C) as subparagraph section 4081(a)(2)(A), or paragraph (1) by reason of paragraph (6). (B), and ‘‘(F) section 4041(c).’’. (C) CONTROLLED GROUPS.—For purposes of (B) by amending subparagraph (B), as re- (ii) Section 9503(c) is amended by striking this subsection— designated by subparagraph (A), to read as the last paragraph (relating to transfers (i) CORPORATIONS.— follows: from the Trust Fund for certain aviation fuel (I) IN GENERAL.—All persons treated as a taxes). ‘‘(B) PAYMENTS TO ULTIMATE, REGISTERED controlled group shall be treated as 1 person. (iii) Section 9502(a) is amended— VENDOR.—With respect to any kerosene used (II) CONTROLLED GROUP.—The term ‘‘con- in aviation (other than kerosene to which (I) by striking ‘‘appropriated, credited, or trolled group’’ has the meaning given to such paragraph (6) applies), if the ultimate pur- paid into’’ and inserting ‘‘appropriated or term by subsection (a) of section 1563 of the credited to’’, and chaser of such kerosene waives (at such time Internal Revenue Code of 1986; except that (II) by striking ‘‘, section 9503(c)(7),’’. and in such form and manner as the Sec- for such purposes the phrase ‘‘more than 50 (e) EFFECTIVE DATE.—The amendments retary shall prescribe) the right to payment percent’’ shall be substituted for the phrase made by this section shall apply to fuels re- ‘‘at least 80 percent’’ each place it appears in under paragraph (1) and assigns such right to moved, entered, or sold after December 31, the ultimate vendor, then the Secretary such subsection. 2008. (ii) NONINCORPORATED PERSONS UNDER COM- shall pay (without interest) the amount (f) FLOOR STOCKS TAX.— MON CONTROL.—Under regulations prescribed which would be paid under paragraph (1) to (1) IMPOSITION OF TAX.—In the case of avia- by the Secretary, principles similar to the such ultimate vendor, but only if such ulti- tion fuel which is held on January 1, 2009, by principles of subparagraph (A) shall apply to mate vendor— any person, there is hereby imposed a floor a group of persons under common control if ‘‘(i) is registered under section 4101, and stocks tax on aviation fuel equal to— 1 or more of such persons is not a corpora- ‘‘(ii) meets the requirements of subpara- (A) the tax which would have been imposed tion. graph (A), (B), or (D) of section 6416(a)(1).’’. before such date on such fuel had the amend- (7) OTHER LAWS APPLICABLE.—All provi- (3) AVIATION-GRADE KEROSENE NOT USED IN ments made by this section been in effect at sions of law, including penalties, applicable AVIATION.—Subsection (l) of section 6427 is all times before such date, reduced by amended by redesignating paragraph (5) as (B) the sum of— with respect to the taxes imposed by section paragraph (6) and by inserting after para- (i) the tax imposed before such date on 4081 of the Internal Revenue Code of 1986 on graph (4) the following new paragraph: such fuel under section 4081 of the Internal the aviation fuel involved shall, insofar as ‘‘(5) REFUNDS FOR AVIATION-GRADE KER- Revenue Code of 1986, as in effect on such applicable and not inconsistent with the pro- OSENE NOT USED IN AVIATION.—If tax has been date, and visions of this subsection, apply with respect imposed under section 4081 at the rate speci- (ii) in the case of kerosene held exclusively to the floor stock taxes imposed by para- fied in section 4081(a)(2)(A)(iv) and the fuel is for such person’s own use, the amount which graph (1) to the same extent as if such taxes used other than in an aircraft, the Secretary such person would (but for this clause) rea- were imposed by such section. shall pay (without interest) to the ultimate sonably expect (as of such date) to be paid as SEC. 804. AIR TRAFFIC CONTROL SYSTEM MOD- purchaser of such fuel an amount equal to a refund under section 6427(l) of such Code ERNIZATION ACCOUNT. (a) IN GENERAL.—Section 9502 (relating to the amount of tax imposed on such fuel re- with respect to such kerosene. the Airport and Airway Trust Fund) is duced by the amount of tax that would be (2) LIABILITY FOR TAX AND METHOD OF PAY- amended by adding at the end the following imposed under section 4041 if no tax under MENT.— section 4081 had been imposed.’’. new subsection: (A) LIABILITY FOR TAX.—A person holding ‘‘(g) ESTABLISHMENT OF AIR TRAFFIC CON- (4) CONFORMING AMENDMENTS.— aviation fuel on January 1, 2009, shall be lia- TROL SYSTEM MODERNIZATION ACCOUNT.— (A) Section 4082(d)(2)(B) is amended by ble for such tax. ‘‘(1) CREATION OF ACCOUNT.—There is estab- striking ‘‘6427(l)(5)(B)’’ and inserting (B) TIME AND METHOD OF PAYMENT.—The lished in the Airport and Airway Trust Fund ‘‘6427(l)(6)(B)’’. tax imposed by paragraph (1) shall be paid at a separate account to be known as the ‘Air (B) Section 6427(i)(4) is amended— such time and in such manner as the Sec- Traffic Control System Modernization Ac- (i) by striking ‘‘(4)(C)’’ the first two places retary of the Treasury shall prescribe. count’ consisting of such amounts as may be it occurs and inserting ‘‘(4)(B)’’, and (3) TRANSFER OF FLOOR STOCK TAX REVE- transferred or credited to the Air Traffic (ii) by striking ‘‘, (l)(4)(C)(ii), and’’ and in- NUES TO TRUST FUNDS.—For purposes of de- Control System Modernization Account as serting ‘‘and’’. termining the amount transferred to the Air- provided in this subsection or section 9602(b). (C) The heading of section 6427(l) is amend- port and Airway Trust Fund, the tax im- ‘‘(2) TRANSFERS TO AIR TRAFFIC CONTROL ed by striking ‘‘DIESEL FUEL AND KEROSENE’’ posed by this subsection shall be treated as SYSTEM MODERNIZATION ACCOUNT.—On Octo- and inserting ‘‘DIESEL FUEL, KEROSENE, AND imposed by section 4081(a)(2)(A)(iv) of the In- ber 1, 2008, and annually thereafter, the Sec- AVIATION FUEL’’. ternal Revenue Code of 1986. retary shall transfer to the Air Traffic Con- (D) Section 6427(l)(1) is amended by strik- (4) DEFINITIONS.—For purposes of this sub- trol System Modernization Account from ing ‘‘paragraph (4)(C)(i)’’ and inserting section— amounts appropriated to the Airport and ‘‘paragraph (4)(B)’’. (A) AVIATION FUEL.—The term ‘‘aviation Airway Trust Fund under subsection (b) (E) Section 6427(l)(4) is amended— fuel’’ means aviation-grade kerosene and which are attributable to taxes on aviation- (i) by striking ‘‘KEROSENE USED IN AVIA- aviation gasoline, as such terms are used grade kerosene an amount equal to TION’’ in the heading and inserting ‘‘AVIA- within the meaning of section 4081 of the In- $400,000,000. TION-GRADE KEROSENE USED IN COMMERCIAL ternal Revenue Code of 1986. ‘‘(3) EXPENDITURES FROM ACCOUNT.— AVIATION’’, and (B) HELD BY A PERSON.—Aviation fuel shall Amounts in the Air Traffic Control System (ii) in subparagraph (A)— be considered as held by a person if title Modernization Account shall be available (I) by striking ‘‘kerosene’’ and inserting thereto has passed to such person (whether subject to appropriation for expenditures re- ‘‘aviation-grade kerosene’’, or not delivery to the person has been made). lating to the modernization of the air traffic (II) by striking ‘‘KEROSENE USED IN COM- (C) SECRETARY.—The term ‘‘Secretary’’ control system (including facility and equip- MERCIAL AVIATION’’ in the heading and insert- means the Secretary of the Treasury or the ment account expenditures).’’. ing ‘‘IN GENERAL’’. Secretary’s delegate. (b) CONFORMING AMENDMENT.—Section (d) TRANSFERS TO THE AIRPORT AND AIRWAY (5) EXCEPTION FOR EXEMPT USES.—The tax 9502(d)(1) is amended by striking ‘‘Amounts’’ TRUST FUND.— imposed by paragraph (1) shall not apply to and inserting ‘‘Except as provided in sub- (1) IN GENERAL.—Subparagraph (C) of sec- any aviation fuel held by any person exclu- section (g), amounts’’. tion 9502(b)(1) is amended to read as follows: sively for any use to the extent a credit or (c) EFFECTIVE DATE.—The amendments ‘‘(C) section 4081 with respect to aviation refund of the tax is allowable under the In- made by this section shall take effect on the gasoline and aviation-grade kerosene, and’’. ternal Revenue Code of 1986 for such use. date of the enactment of this Act.

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SEC. 805. TREATMENT OF FRACTIONAL AIRCRAFT tence: ‘‘Such term shall not include the use (b) EFFECTIVE DATE.—The amendments OWNERSHIP PROGRAMS. of any aircraft which is part of a fractional made by this section shall apply to taxable (a) FUEL SURTAX.— ownership aircraft program (as defined by transportation provided after December 31, (1) IN GENERAL.—Subchapter B of chapter section 4043(c)).’’. 2008. 31 is amended by adding at the end the fol- (c) EXEMPTION FROM TAX ON TRANSPOR- SEC. 808. REQUIRED FUNDING OF NEW ACCRU- lowing new section: TATION OF PERSONS.—Section 4261, as amend- ALS UNDER AIR CARRIER PENSION ‘‘SEC. 4043. SURTAX ON FUEL USED IN AIRCRAFT ed by this Act, is amended by redesignating PLANS. PART OF A FRACTIONAL OWNER- subsection (j) as subsection (k) and by insert- (a) IN GENERAL.—Section 402(a) of the Pen- SHIP PROGRAM. ing after subsection (i) the following new sion Protection Act of 2006, as amended by ‘‘(a) IN GENERAL.—There is hereby imposed subsection: section 6615(a) of the U. S. Troop Readiness, a tax on any liquid used during any calendar ‘‘(j) EXEMPTION FOR AIRCRAFT IN FRAC- Veterans’ Care, Katrina Recovery, and Iraq quarter by any person as a fuel in an aircraft TIONAL OWNERSHIP AIRCRAFT PROGRAMS.—No Accountability Appropriations Act, 2007 which is— tax shall be imposed by this section or sec- (Public Law 110–28), is amended— ‘‘(1) registered in the United States, and tion 4271 on any air transportation by an air- (1) in paragraph (2)— ‘‘(2) part of a fractional ownership aircraft craft which is part of a fractional ownership (A) by striking ‘‘to its first taxable year program. aircraft program (as defined by section beginning in 2008’’, ‘‘(b) AMOUNT OF TAX.—The rate of tax im- 4043(c)).’’. (B) by striking ‘‘for such taxable year’’ and posed by subsection (a) is 14.1 cents per gal- (d) EFFECTIVE DATES.— inserting ‘‘for its first plan year beginning in lon. (1) SUBSECTION (a).—The amendments made 2008’’, and ‘‘(c) FRACTIONAL OWNERSHIP AIRCRAFT PRO- by subsections (a) shall apply to fuel used (C) by striking ‘‘and by using, in deter- GRAM.—For purposes of this section— after December 31, 2008. mining the funding target for each of the 10 ‘‘(1) IN GENERAL.—The term ‘fractional (2) SUBSECTION (b).—The amendment made plan years during such period, an interest ownership aircraft program’ means a pro- by subsection (b) shall apply to uses of air- rate of 8.25 percent (rather than the segment gram under which— craft after December 31, 2008. rates calculated on the basis of the corporate ‘‘(A) a single fractional ownership program (3) SUBSECTION (c).—The amendments made bond yield curve)’’, and manager provides fractional ownership pro- by subsection (c) shall apply to taxable (2) by adding at the end the following new gram management services on behalf of the transportation provided after December 31, flush matter: fractional owners, 2008. ‘‘If the plan sponsor of an eligible plan elects ‘‘(B) 2 or more airworthy aircraft are part SEC. 806. TERMINATION OF EXEMPTION FOR the application of paragraph (2), the plan of the program, SMALL AIRCRAFT ON NONESTAB- sponsor may also elect, in determining the ‘‘(C) there are 1 or more fractional owners LISHED LINES. funding target for each of the 10 plan years per program aircraft, with at least 1 program (a) IN GENERAL.—Section 4281 is amended during the period described in paragraph (2), aircraft having more than 1 owner, to read as follows: to use an interest rate of 8.25 percent (rather ‘‘(D) each fractional owner possesses at ‘‘SEC. 4281. SMALL AIRCRAFT OPERATED SOLELY than the segment rates calculated on the least a minimum fractional ownership inter- FOR SIGHTSEEING. basis of the corporate bond yield curve). Not- est in 1 or more program aircraft, ‘‘The taxes imposed by sections 4261 and withstanding the preceding sentence, in the ‘‘(E) there exists a dry-lease exchange ar- 4271 shall not apply to transportation by an case of any plan year of the eligible plan for rangement among all of the fractional own- aircraft having a maximum certificated which such 8.25 percent interest rate is used, ers, and takeoff weight of 6,000 pounds or less at any the minimum required contribution under ‘‘(F) there are multi-year program agree- time during which such aircraft is being op- section 303 of such Act and section 430 of ments covering the fractional ownership, erated on a flight the sole purpose of which such Code shall in no event be less than the fractional ownership program management is sightseeing. For purposes of the preceding target normal cost of the plan for such plan services, and dry-lease aircraft exchange as- sentence, the term ‘maximum certificated year (as determined under section 303(b) of pects of the program. takeoff weight’ means the maximum such such Act and section 430(b) of such Code). A ‘‘(2) MINIMUM FRACTIONAL OWNERSHIP IN- weight contained in the type certificate or plan sponsor may revoke the election to use TEREST.—The term ‘minimum fractional airworthiness certificate.’’. the 8.25 percent interest rate and if the rev- ownership interest’ means, with respect to (b) CONFORMING AMENDMENT.—The item re- ocation is made, the revocation shall apply each type of aircraft— lating to section 4281 in the table of sections to the plan year for which made and all sub- ‘‘(A) a fractional ownership interest equal for part III of subchapter C of chapter 33 is sequent plan years and the plan sponsor may not elect to use the 8.25 percent interest rate to or greater than 1⁄16 of at least 1 subsonic, amended by striking ‘‘on nonestablished for any subsequent plan year.’’. fixed wing or powered lift program aircraft, lines’’ and inserting ‘‘operated solely for or (b) EFFECTIVE DATE.—The amendments sightseeing’’. made by this section shall take effect as if ‘‘(B) a fractional ownership interest equal (c) EFFECTIVE DATE.—The amendments included in the provisions of the Pension to or greater than 1⁄32 of a least 1 rotorcraft made by this section shall apply to taxable Protection Act of 2006 to which such amend- program aircraft. transportation provided after December 31, ments relate. ‘‘(3) DRY-LEASE EXCHANGE ARRANGEMENT.— 2008. Subtitle B—Increased Funding for Highway A ‘dry-lease aircraft exchange’ means an SEC. 807. TRANSPARENCY IN PASSENGER TAX agreement, documented by the written pro- DISCLOSURES. Trust Fund gram agreements, under which the program (a) IN GENERAL.—Section 7275 (relating to SEC. 811. REPLENISH EMERGENCY SPENDING aircraft are available, on an as needed basis penalty for offenses relating to certain air- FROM HIGHWAY TRUST FUND. without crew, to each fractional owner. line tickets and advertising) is amended— (a) IN GENERAL.—Section 9503(b) is amend- ‘‘(d) TERMINATION.—This section shall not (1) by redesignating subsection (c) as sub- ed— apply to liquids used as a fuel in an aircraft section (d), (1) by adding at the end the following new after September 30, 2011.’’. (2) by striking ‘‘subsection (a) or (b)’’ in paragraph: ‘‘(7) EMERGENCY SPENDING REPLENISH- (2) CONFORMING AMENDMENT.—Section subsection (d), as so redesignated, and insert- MENT.—There is hereby appropriated to the 4082(e) is amended by inserting ‘‘(other than ing ‘‘subsection (a), (b), or (c)’’, and Highway Trust Fund $3,400,000,000.’’, and an aircraft described in section 4043(a))’’ (3) by inserting after subsection (b) the fol- (2) by striking ‘‘AMOUNTS EQUIVALENT TO after ‘‘an aircraft’’. lowing new subsection: CERTAIN TAXES AND PENALTIES’’ in the head- (3) TRANSFER OF REVENUES TO AIRPORT AND ‘‘(c) NON-TAX CHARGES.— ing and inserting ‘‘CERTAIN AMOUNTS’’. AIRWAY TRUST FUND.—Section 9502(b)(1) is ‘‘(1) IN GENERAL.—In the case of transpor- (b) EFFECTIVE DATE.—The amendments amended by redesignating subparagraphs (B) tation by air for which disclosure on the made by this section shall take effect on the and (C) as subparagraphs (C) and (D), respec- ticket or advertising for such transportation date of the enactment of this Act. tively, and by inserting after subparagraph of the amounts paid for passenger taxes is re- (A) the following new subparagraph: SEC. 812. SUSPENSION OF TRANSFERS FROM quired by subsection (a)(2) or (b)(1)(B), it HIGHWAY TRUST FUND FOR CER- ‘‘(B) section 4043 (relating to surtax on fuel shall be unlawful for the disclosure of the TAIN REPAYMENTS AND CREDIT. used in aircraft part of a fractional owner- amount of such taxes on such ticket or ad- Section 9503(c)(2) is amended by adding at ship program),’’. vertising to include any amounts not attrib- the end the following new subparagraph: (4) CLERICAL AMENDMENT.—The table of utable to the taxes imposed by subsection ‘‘(D) TEMPORARY SUSPENSION.—This para- sections for subchapter B of chapter 31 is (a), (b), or (c) of section 4261. graph shall not apply to 85 percent of the amended by adding at the end the following ‘‘(2) INCLUSION IN TRANSPORTATION COST.— amounts estimated by the Secretary to be new item: Nothing in this subsection shall prohibit the attributable to the 6-month period beginning ‘‘Sec. 4043. Surtax on fuel used in aircraft inclusion of amounts not attributable to the on the date of the enactment of the Amer- part of a fractional ownership taxes imposed by subsection (a), (b), or (c) of ican Infrastructure Investment and Improve- program.’’. section 4261 in the disclosure of the amount ment Act of 2008.’’. (b) FRACTIONAL OWNERSHIP PROGRAMS paid for transportation as required by sub- SEC. 813. TAXATION OF TAXABLE FUELS IN FOR- TREATED AS NON-COMMERCIAL AVIATION.— section (a)(1) or (b)(1)(A), or in a separate EIGN TRADE ZONES. Subsection (b) of section 4083 is amended by disclosure of amounts not attributable to (a) TAX IMPOSED ON REMOVALS AND ENTRIES adding at the end the following new sen- such taxes.’’. IN FOREIGN TRADE ZONES.—

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(1) IN GENERAL.—Subsection (a) of section of gallons of alcohol with respect to which a ‘‘(A) IN GENERAL.—If— 4083 (relating to definitions) is amended by credit is allowable under subsection (a), the ‘‘(i) paragraph (1) does not apply to a for- adding at the end the following new para- volume of alcohol shall include the volume eign corporation, but graph: of any denaturant (including gasoline) which ‘‘(ii) paragraph (1) would apply to such cor- ‘‘(4) UNITED STATES.—The term ‘United is added under any formulas approved by the poration if, in addition to the substitution States’ includes any foreign trade zone or Secretary to the extent that such dena- under paragraph (1), subsection (a)(2) were bonded warehouse located in the United turants do not exceed 2 percent of the vol- applied by substituting ‘March 20, 2002’ for States.’’. ume of such alcohol (including dena- ‘March 4, 2003’ each place it appears, (2) CONFORMING AMENDMENT.—Section turants).’’. then paragraph (1) shall apply to such cor- 4081(a)(1)(A) (relating to imposition of tax) is (c) EFFECTIVE DATE.—The amendments poration but only with respect to taxable amended— made by this section shall apply to fuel sold years of such corporation beginning after the (A) in clause (i), by inserting ‘‘in the or used after December 31, 2008. date of the enactment of the American Infra- United States’’ after ‘‘refinery’’; and SEC. 817. BULK TRANSFER EXCEPTION NOT TO structure Investment and Improvement Act (B) in clause (ii), by inserting ‘‘in the APPLY TO FINISHED GASOLINE. of 2008. United States’’ after ‘‘terminal’’. (a) IN GENERAL.—Subparagraph (B) of sec- ‘‘(B) SPECIAL RULES.—Subject to such rules (b) TREATMENT OF TAXABLE FUEL IN FOR- tion 4081(a)(1) (relating to tax on removal, as the Secretary may prescribe, in the case EIGN TRADE ZONES.—Paragraph (2) of section entry, or sale) is amended by adding at the of a corporation to which paragraph (1) ap- 81c(a) of title 19, United States Code, is end the following new clause: plies by reason of this paragraph— amended by inserting ‘‘(other than the provi- ‘‘(iii) EXCEPTION FOR FINISHED GASOLINE.— ‘‘(i) the corporation shall be treated, as of sions relating to taxable fuel (as defined Clause (i) shall not apply to any finished gas- the close of its first taxable year ending under section 4083(a) of the Internal Revenue oline.’’. after the date of the enactment of the Amer- Code of 1986))’’ after ‘‘thereunder’’. (b) EXCEPTION TO TAX ON FINISHED GASO- ican Infrastructure Investment and Improve- (c) EFFECTIVE DATES.— LINE FOR PRIOR TAXABLE REMOVALS.—Para- ment Act of 2008, as having transferred all of (1) SUBSECTION (a).—The amendments made graph (1) of section 4081(a) is amended by its assets, liabilities, and earnings and prof- by subsection (a) shall apply to removals and adding at the end the following new subpara- its to a domestic corporation in a trans- entries after December 31, 2008. graph: action with respect to which no tax is im- (2) SUBSECTION (b).—The amendment made ‘‘(C) EXEMPTION FOR PREVIOUSLY TAXED FIN- posed under this title, by subsection (b) shall take effect on Janu- ISHED GASOLINE.—The tax imposed by this ‘‘(ii) the bases of the assets transferred in ary 1, 2009. paragraph shall not apply to the removal of the transaction to the domestic corporation SEC. 814. CLARIFICATION OF PENALTY FOR SALE gasoline described in subparagraph (B)(iii) shall be the same as the bases of the assets OF FUEL FAILING TO MEET EPA from any terminal if there was a prior tax- in the hands of the foreign corporation, sub- REGULATIONS. able removal or entry of such fuel under ject to any adjustments under this title for (a) IN GENERAL.—Subsection (a) of section clause (i), (ii), or (iii) of subparagraph (A). built-in losses, 6720A (relating to penalty with respect to The preceding sentence shall not apply to ‘‘(iii) the basis of the stock of any share- certain adulterated fuels) is amended by the volume of any product added to such gas- holder in the domestic corporation shall be striking ‘‘applicable EPA regulations (as de- oline at the terminal unless there was a the same as the basis of the stock of the fined in section 45H(c)(3))’’ and inserting prior taxable removal or entry of such prod- shareholder in the foreign corporation for ‘‘the requirements for diesel fuel under sec- uct under clause (i), (ii), or (iii) of subpara- which it is treated as exchanged, and tion 211 of the Clean Air Act, as determined graph (A).’’. ‘‘(iv) the transfer of any earnings and prof- by the Secretary,’’. (c) EFFECTIVE DATE.—The amendment its by reason of clause (i) shall be dis- (b) EFFECTIVE DATE.—The amendments made by this section shall apply to fuel re- regarded in determining any deemed divi- made by this section shall apply to any moved, entered, or sold after December 31, dend or foreign tax creditable to the domes- transfer, sale, or holding out for sale or re- 2008. tic corporation with respect to such transfer. sale occurring after the date of the enact- SEC. 818. INCREASE AND EXTENSION OF OIL ‘‘(C) REGULATIONS.—The Secretary may ment of this Act. SPILL LIABILITY TRUST FUND TAX. prescribe such regulations as may be nec- SEC. 815. TREATMENT OF QUALIFIED ALCOHOL (a) INCREASE IN RATE.— essary or appropriate to carry out this para- FUEL MIXTURES AND QUALIFIED (1) IN GENERAL.—Section 4611(c)(2)(B) (re- graph, including regulations to prevent the BIODIESEL FUEL MIXTURES AS TAX- lating to rates) is amended by striking ‘‘5 avoidance of the purposes of this para- ABLE FUELS. cents’’ and inserting ‘‘10 cents’’. graph.’’. (a) IN GENERAL.— (2) EFFECTIVE DATE.—The amendment (b) EFFECTIVE DATE.—The amendment (1) QUALIFIED ALCOHOL FUEL MIXTURES.— made by this subsection shall apply on and made by this section shall apply to taxable Paragraph (2) of section 4083(a) (relating to after the first day of the first calendar quar- years beginning after the date of the enact- gasoline) is amended— ter beginning more than 60 days after the ment of this Act. (A) by striking ‘‘and’’ at the end of sub- date of the enactment of this Act. SEC. 820. DENIAL OF DEDUCTION FOR PUNITIVE paragraph (A), (b) EXTENSION.— DAMAGES. (B) by redesignating subparagraph (B) as (1) IN GENERAL.—Section 4611(f) (relating to (a) DISALLOWANCE OF DEDUCTION.— subparagraph (C), and application of Oil Spill Liability Trust Fund (1) IN GENERAL.—Section 162(g) (relating to (C) by inserting after subparagraph (A) the financing rate) is amended by striking para- treble damage payments under the antitrust following new subparagraph: graphs (2) and (3) and inserting the following laws) is amended— ‘‘(B) includes any qualified mixture (as de- new paragraph: (A) by redesignating paragraphs (1) and (2) fined in section 40(b)(1)(B)) which is a mix- ‘‘(2) TERMINATION.—The Oil Spill Liability as subparagraphs (A) and (B), respectively, ture of alcohol and special fuel, and’’. Trust Fund financing rate shall not apply (B) by striking ‘‘If’’ and inserting: (2) QUALIFIED BIODIESEL FUEL MIXTURES.— after September 30, 2018.’’. ‘‘(1) TREBLE DAMAGES.—If’’, and Subparagraph (A) of section 4083(a)(3) (relat- (2) CONFORMING AMENDMENT.—Section (C) by adding at the end the following new ing to diesel fuel) is amended by striking 4611(f)(1) is amended by striking ‘‘paragraphs paragraph: ‘‘and’’ at the end of clause (ii), by redesig- (2) and (3)’’ and inserting ‘‘paragraph (2)’’. ‘‘(2) PUNITIVE DAMAGES.—No deduction nating clause (iii) as clause (iv), and insert- (3) EFFECTIVE DATE.—The amendments shall be allowed under this chapter for any ing after clause (ii) the following new clause: made by this subsection shall take effect on amount paid or incurred for punitive dam- ‘‘(iii) any qualified biodiesel mixture (as the date of the enactment of this Act. ages in connection with any judgment in, or defined in section 40A(b)(1)(B)), and’’. SEC. 819. APPLICATION OF RULES TREATING IN- settlement of, any action. This paragraph (b) EFFECTIVE DATE.—The amendments VERTED CORPORATIONS AS DOMES- shall not apply to punitive damages de- made by this section shall apply to fuels re- TIC CORPORATIONS TO CERTAIN scribed in section 104(c).’’. moved, entered, or sold after December 31, TRANSACTIONS OCCURRING AFTER (2) CONFORMING AMENDMENT.—The heading 2008. MARCH 20, 2002. for section 162(g) is amended by inserting SEC. 816. CALCULATION OF VOLUME OF ALCO- (a) IN GENERAL.—Section 7874(b) (relating ‘‘OR PUNITIVE DAMAGES’’ after ‘‘LAWS’’. HOL FOR FUEL CREDITS. to inverted corporations treated as domestic (b) INCLUSION IN INCOME OF PUNITIVE DAM- (a) IN GENERAL.—Paragraph (4) of section corporations) is amended to read as follows: AGES PAID BY INSURER OR OTHERWISE.— 40(d) (relating to volume of alcohol) is ‘‘(b) INVERTED CORPORATIONS TREATED AS (1) IN GENERAL.—Part II of subchapter B of amended by striking ‘‘5 percent’’ and insert- DOMESTIC CORPORATIONS.— chapter 1 (relating to items specifically in- ing ‘‘2 percent’’. ‘‘(1) IN GENERAL.—Notwithstanding section cluded in gross income) is amended by add- (b) CONFORMING AMENDMENT FOR EXCISE 7701(a)(4), a foreign corporation shall be ing at the end the following new section: TAX CREDIT.—Section 6426(b) (relating to al- treated for purposes of this title as a domes- ‘‘SEC. 91. PUNITIVE DAMAGES COMPENSATED BY cohol fuel mixture credit) is amended by re- tic corporation if such corporation would be INSURANCE OR OTHERWISE. designating paragraph (5) as paragraph (6) a surrogate foreign corporation if subsection ‘‘Gross income shall include any amount and by inserting after paragraph (4) the fol- (a)(2) were applied by substituting ‘80 per- paid to or on behalf of a taxpayer as insur- lowing new paragraph: cent’ for ‘60 percent’. ance or otherwise by reason of the taxpayer’s ‘‘(5) VOLUME OF ALCOHOL.—For purposes of ‘‘(2) SPECIAL RULE FOR CERTAIN TRANS- liability (or agreement) to pay punitive dam- determining under subsection (a) the number ACTIONS OCCURRING AFTER MARCH 20, 2002.— ages.’’.

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(2) REPORTING REQUIREMENTS.—Section 6041 shall receive travel expenses, including per interruption or loss of civil service status or (relating to information at source) is amend- diem in lieu of subsistence, in accordance privilege. ed by adding at the end the following new with sections 5702 and 5703 of title 5, United ‘‘(3) VOLUNTARY SERVICES.— subsection: States Code. ‘‘(A) IN GENERAL.—Notwithstanding the ‘‘(h) SECTION TO APPLY TO PUNITIVE DAM- ‘‘(6) CHAIRMAN.—The Chairman of the Com- provisions of section 1342 of title 31, United AGES COMPENSATION.—This section shall mission shall be elected by the members. States Code, the Commission is authorized apply to payments by a person to or on be- ‘‘(c) DUTIES.— to accept and utilize the services of volun- half of another person as insurance or other- ‘‘(1) IN GENERAL.—The Commission shall— teers serving without compensation. The wise by reason of the other person’s liability ‘‘(A) review motor fuel revenue collections, Commission may reimburse such volunteers (or agreement) to pay punitive damages.’’. historical and current; for local travel and office supplies, and for (3) CONFORMING AMENDMENT.—The table of ‘‘(B) review the progress of investigations; other travel expenses, including per diem in sections for part II of subchapter B of chap- ‘‘(C) develop and review legislative pro- lieu of subsistence as authorized by section ter 1 is amended by adding at the end the fol- posals with respect to motor fuel taxes; 5703, United States Code. lowing new item: ‘‘(D) monitor the progress of administra- ‘‘(B) TREATMENT OF VOLUNTEERS.—A person ‘‘Sec. 91. Punitive damages compensated by tive regulation projects relating to motor providing volunteer services to the Commis- insurance or otherwise.’’. fuel taxes; sion shall be considered an employee of the (c) EFFECTIVE DATE.—The amendments ‘‘(E) evaluate and make recommendations Federal Government in the performance of made by this section shall apply to damages to the President and Congress regarding— those services for the purposes of the fol- paid or incurred on or after the date of the ‘‘(i) the effectiveness of existing Federal lowing provisions of law: enactment of this Act. enforcement programs regarding motor fuel ‘‘(i) chapter 81 of title 5, United States SEC. 821. MOTOR FUEL TAX ENFORCEMENT ADVI- taxes, Code, relating to compensation for work-re- SORY COMMISSION. ‘‘(ii) enforcement personnel allocation, and lated injuries; (a) IN GENERAL.—Section 11141 of the Safe, ‘‘(iii) proposals for regulatory projects, leg- ‘‘(ii) chapter 171 of title 28, United States Accountable, Flexible, Efficient Transpor- Code, relating to tort claims; and tation Equity Act: A Legacy for Users is islation, and funding. ‘‘(iii) chapter 11 of title 18, United States amended to read as follows: ‘‘(2) REPORT.—Not later than September 30, 2009, the Commission shall submit to Con- Code, relating to conflicts of interest. ‘‘SEC. 11141. MOTOR FUEL TAX ENFORCEMENT ‘‘(4) CONSULTATION.—Upon request of the ADVISORY COMMISSION. gress a final report that contains a detailed Commission, representatives of the Depart- ‘‘(a) ESTABLISHMENT.—There is established statement on the findings and conclusions of a Motor Fuel Tax Enforcement Advisory the Commission, together with recommenda- ment of the Treasury and the Internal Rev- Commission (in this section referred to as tions for such legislation and administrative enue Service shall be available for consulta- the ‘Commission’). action as the Commission considers appro- tion to assist the Commission in carrying ‘‘(b) MEMBERSHIP.— priate or necessary. out its duties under this section. ‘‘(1) APPOINTMENT.—The Commission shall ‘‘(d) POWERS.— ‘‘(5) COOPERATION.—The staff of the Depart- be composed of 14 members, of which— ‘‘(1) HEARINGS.—The Commission may hold ment of Transportation, the Department of ‘‘(A) 1 shall be appointed by the Adminis- such hearings for the purpose of carrying out Homeland Security, the Department of Jus- trator of the Federal Highway Administra- this Act, sit and act at such times and tice, and the Department of Defense shall co- tion as a representative of the Federal High- places, take such testimony, and receive operate with the Commission as necessary. way Administration, such evidence as the Commission considers ‘‘(f) INAPPLICABILITY OF FEDERAL ADVISORY ‘‘(B) 1 shall be appointed by the Inspector advisable to carry out this Act. The Commis- COMMITTEE ACT.—The Federal Advisory General for the Department of Transpor- sion may administer oaths and affirmations Committee Act (5 U.S.C. App.) shall not tation as a representative the Office of In- to witnesses appearing before the Commis- apply to the Commission. ‘‘(g) TERMINATION.— spector General for the Department of sion. ‘‘(1) IN GENERAL.—The Commission shall Transportation, ‘‘(2) OBTAINING DATA.—The Commission terminate on the date that is 90 days after ‘‘(C) 1 shall be appointed by the Secretary may secure directly from any department or the date on which the Commission submits of Transportation as a representative of the agency of the United States, information the report required under subsection (c)(2). Department of Transportation, (other than information required by any law ‘‘(2) RECORDS.—Not later than the date on ‘‘(D) 1 shall be appointed by the Secretary to be kept confidential by such department which the Commission terminates, the Com- of Homeland Security to be a representative or agency) necessary for the Commission to mission shall transmit all records of the of the Department of Homeland Security, carry out its duties under this section. Upon Commission to the National Archives.’’. ‘‘(E) 1 shall be appointed by the Secretary request of the Commission, the head of that (b) EFFECTIVE DATE.—The amendment of Defense to be a representative of the De- department or agency shall furnish such made by this section shall take effect on the partment of Defense, nonconfidential information to the Commis- date of the enactment of this Act. ‘‘(F) 1 shall be appointed by the Attorney sion. The Commission shall also gather evi- SEC. 822. HIGHWAY TRUST FUND CONFORMING General to be a representative of the Depart- dence through such means as it may deter- EXPENDITURE AMENDMENT. ment of Justice, mine appropriate, including through holding (a) IN GENERAL.—Subsections (c)(1) and ‘‘(G) 2 shall be appointed by the Chairman hearings and soliciting comments by means (e)(3) of section 9503 are each amended by in- of the Committee on Finance of the Senate, of Federal Register notices. serting ‘‘, as amended by An Act to authorize ‘‘(H) 2 shall be appointed by the Ranking ‘‘(3) POSTAL SERVICES.—The Commission additional funds for emergency repairs and Member of the Committee on Finance of the may use the United States mails in the same reconstruction of the Interstate I-35 bridge Senate, manner and under the same conditions as located in Minneapolis, Minnesota, that col- ‘‘(I) 2 shall be appointed by Chairman of other departments and agencies of the Fed- lapsed on August 1, 2007, to waive the the Committee on Ways and Means of the eral Government. $100,000,000 limitation on emergency relief House of Representatives, and ‘‘(4) GIFTS.—The Commission may accept, funds for those emergency repairs and recon- ‘‘(J) 2 shall be appointed by Ranking Mem- hold, administer, and utilize gifts, donations, struction, and for other purposes,’’ after ber of the Committee on Ways and Means of and requests of property, both real and per- ‘‘Users’’. the House of Representatives. sonal, for the purposes of aiding or facili- (b) EFFECTIVE DATE.—The amendments ‘‘(2) QUALIFICATION FOR CERTAIN MEM- tating the work of the Commission. Gifts made by this section shall take effect as if BERS.—Of the members appointed under sub- and bequests of money, and the proceeds included in the enactment of An Act to au- paragraphs (G), (H), (I) and (J)— from the sale of any other property received thorize additional funds for emergency re- ‘‘(A) at least 1 shall be representative from as gifts or bequests, shall be deposited in the pairs and reconstruction of the Interstate I- the Federation of State Tax Administrators, Treasury in a separate fund and shall be dis- 35 bridge located in Minneapolis, Minnesota, ‘‘(B) at least 1shall be a representative bursed upon order of the Commission. For that collapsed on August 1, 2007, to waive the from any State department of transpor- purposes of Federal income, estate, and gift $100,000,000 limitation on emergency relief tation, taxation, property accepted under this sec- funds for those emergency repairs and recon- ‘‘(C) at least 1 shall be a representative tion shall be considered as a gift or bequest struction, and for other purposes. from the retail fuel industry, and to or for the use of the United States. Subtitle C—Additional Infrastructure ‘‘(D) at least 1 shall be a representative ‘‘(e) SUPPORT SERVICES.— Modifications and Revenue Provisions from industries relating to fuel distribution ‘‘(1) ADMINISTRATIVE SUPPORT SERVICES.— SEC. 831. RESTRUCTURING OF NEW YORK LIB- (such a refiners, distributors, pipeline opera- Upon the request of the Commission, the ERTY ZONE TAX CREDITS. tors, and terminal operators). Secretary of Transportation shall provide to (a) IN GENERAL.—Part I of subchapter Y of ‘‘(3) TERMS.—Members shall be appointed the Commission administrative support serv- chapter 1 is amended by redesignating sec- for the life of the Commission. ices necessary to enable the Commission to tion 1400L as 1400K and by adding at the end ‘‘(4) VACANCIES.—A vacancy in the Com- carry out its duties under this Act. the following new section: mission shall be filled in the manner in ‘‘(2) DETAIL OF GOVERNMENT EMPLOYEES.— ‘‘SEC. 1400L. NEW YORK LIBERTY ZONE TAX which the original appointment was made. Any Federal Government employee may be CREDITS. ‘‘(5) TRAVEL EXPENSES.—Members of the detailed to the Commission without reim- ‘‘(a) IN GENERAL.—In the case of a New Commission shall serve without pay but bursement, and such detail shall be without York Liberty Zone governmental unit, there

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shall be allowed as a credit against any taxes ‘‘(4) ALLOCATION TO PAYROLL PERIODS.— provement Act of 2008 or the termination imposed for any payroll period by section Each New York Liberty Zone governmental date if pursuant to a binding contract in ef- 3402 for which such governmental unit is lia- unit which has been allocated a portion of fect on such enactment date’’. ble under section 3403 an amount equal to so the qualifying project expenditure amount (c) CONFORMING AMENDMENTS.— much of the portion of the qualifying project under paragraph (3) for a calendar year may (1) Section 38(c)(3)(B) is amended by strik- expenditure amount allocated under sub- allocate such portion to payroll periods be- ing ‘‘section 1400L(a)’’ and inserting ‘‘section section (b)(3) to such governmental unit for ginning in such calendar year as such gov- 1400K(a)’’. the calendar year as is allocated by such ernmental unit determines appropriate. (2) Section 168(k)(2)(D)(ii) is amended by governmental unit to such period under sub- ‘‘(c) CARRYOVER OF UNUSED ALLOCATIONS.— striking ‘‘section 1400L(c)(2)’’ and inserting section (b)(4). ‘‘(1) IN GENERAL.—Except as provided in ‘‘1400K(c)(2)’’. (3) The table of sections for part I of sub- ‘‘(b) QUALIFYING PROJECT EXPENDITURE paragraph (2), if the amount allocated under chapter Y of chapter 1 is amended by strik- AMOUNT.—For purposes of this section— subsection (b)(3) to a New York Liberty Zone ing ‘‘1400L’’ and inserting ‘‘1400K’’. ‘‘(1) IN GENERAL.—The term ‘qualifying governmental unit for any calendar year ex- (d) EFFECTIVE DATES.— project expenditure amount’ means, with re- ceeds the aggregate taxes imposed by section (1) IN GENERAL.—Except as provided in spect to any calendar year, the sum of— 3402 for which such governmental unit is lia- ble under section 3403 for periods beginning paragraph (2), the amendments made by this ‘‘(A) the total expenditures paid or in- section shall apply to periods beginning after curred during such calendar year by all New in such year, such excess shall be carried to the succeeding calendar year and added to December 31, 2008. York Liberty Zone governmental units and (2) TERMINATION OF SPECIAL ALLOWANCE AND the Port Authority of New York and New the allocation of such governmental unit for such succeeding calendar year. No amount EXPENSING.—The amendment made by sub- Jersey for any portion of qualifying projects section (b) shall take effect on the date of located wholly within the City of New York, may be carried under the preceding sentence to a calendar year after 2025. the enactment of this Act. New York, and SEC. 832. PARTICIPANTS IN GOVERNMENT SEC- ‘‘(B) any such expenditures— ‘‘(2) REALLOCATION.—If a New York Liberty Zone governmental unit does not use an TION 457 PLANS ALLOWED TO TREAT ‘‘(i) paid or incurred in any preceding cal- ELECTIVE DEFERRALS AS ROTH endar year which begins after the date of en- amount allocated to it under subsection CONTRIBUTIONS. actment of this section, and (b)(3) within the time prescribed by the Gov- (a) IN GENERAL.—Section 402A(e)(1) (defin- ‘‘(ii) not previously allocated under para- ernor of the State of New York and the ing applicable retirement plan) is amended graph (3). Mayor of the City of New York, New York, by striking ‘‘and’’ at the end of subparagraph ‘‘(2) QUALIFYING PROJECT.—The term ‘quali- then such amount shall after such time be (A), by striking the period at the end of sub- fying project’ means any transportation in- treated for purposes of subsection (b)(3) in paragraph (B) and inserting ‘‘, and’’, and by frastructure project, including highways, the same manner as if it had never been allo- adding at the end the following: mass transit systems, railroads, airports, cated. ‘‘(C) an eligible deferred compensation plan ‘‘(d) DEFINITIONS AND SPECIAL RULES.—For ports, and waterways, in or connecting with (as defined in section 457(b)) of an eligible purposes of this section— the New York Liberty Zone (as defined in employer described in section 457(e)(1)(A).’’. ‘‘(1) CREDIT PERIOD.—The term ‘credit pe- section 1400K(h)), which is designated as a (b) ELECTIVE DEFERRALS.—Section riod’ means the 12-year period beginning on qualifying project under this section jointly 402A(e)(2) (defining elective deferral) is January 1, 2009. by the Governor of the State of New York amended to read as follows: ‘‘(2) NEW YORK LIBERTY ZONE GOVERN- and the Mayor of the City of New York, New ‘‘(2) ELECTIVE DEFERRAL.—The term ‘elec- MENTAL UNIT.—The term ‘New York Liberty York. tive deferral’ means— Zone governmental unit’ means— ‘‘(A) any elective deferral described in sub- ‘‘(3) GENERAL ALLOCATION.— ‘‘(A) the State of New York, paragraph (A) or (C) of section 402(g)(3), and ‘‘(A) IN GENERAL.—The Governor of the ‘‘(B) the City of New York, New York, and ‘‘(B) any elective deferral of compensation State of New York and the Mayor of the City ‘‘(C) any agency or instrumentality of such by an individual under an eligible deferred of New York, New York, shall jointly allo- State or City. compensation plan (as defined in section cate to each New York Liberty Zone govern- ‘‘(3) TREATMENT OF FUNDS.—Any expendi- 457(b)) of an eligible employer described in mental unit the portion of the qualifying ture for a qualifying project taken into ac- section 457(e)(1)(A).’’. project expenditure amount which may be count for purposes of the credit under this (c) EFFECTIVE DATE.—The amendments taken into account by such governmental section shall be considered State and local made by this section shall apply to taxable unit under subsection (a) for any calendar funds for the purpose of any Federal pro- years beginning after December 31, 2008. year in the credit period. gram. SEC. 833. INCREASED INFORMATION RETURN ‘‘(B) AGGREGATE LIMIT.—The aggregate ‘‘(4) TREATMENT OF CREDIT AMOUNTS FOR PENALTIES. amount which may be allocated under sub- PURPOSES OF WITHHOLDING TAXES.—For pur- (a) FAILURE TO FILE CORRECT INFORMATION paragraph (A) for all calendar years in the poses of this title, a New York Liberty Zone RETURNS.— credit period shall not exceed $2,000,000,000. governmental unit shall be treated as having (1) IN GENERAL.—Section 6721(a)(1) (relating ‘‘(C) ANNUAL LIMIT.— paid to the Secretary, on the day on which to imposition of penalty) is amended— ‘‘(i) IN GENERAL.—The aggregate amount wages are paid to employees, an amount (A) by striking ‘‘$50’’ and inserting ‘‘$250’’, which may be allocated under subparagraph equal to the amount of the credit allowed to and (A) for any calendar year in the credit period such entity under subsection (a) with respect (B) by striking ‘‘$250,000’’ and inserting shall not exceed the sum of— to such wages, but only if such governmental ‘‘$3,000,000’’. ‘‘(I) the applicable limit, plus unit deducts and withholds wages for such (2) REDUCTION WHERE CORRECTION IN SPECI- ‘‘(II) the aggregate amount authorized to payroll period under section 3401 (relating to FIED PERIOD.— be allocated under this paragraph for all pre- wage withholding). (A) CORRECTION WITHIN 30 DAYS.—Section ceding calendar years in the credit period ‘‘(e) REPORTING.—The Governor of the 6721(b)(1) is amended— which was not so allocated. State of New York and the Mayor of the City (i) by striking ‘‘$15’’ and inserting ‘‘$50’’, ‘‘(ii) APPLICABLE LIMIT.—For purposes of of New York, New York, shall jointly submit (ii) by striking ‘‘in lieu of $50’’ and insert- clause (i), the applicable limit for any cal- to the Secretary an annual report— ing ‘‘in lieu of $250’’, and endar year in the credit period is $169,000,000 ‘‘(1) which certifies— (iii) by striking ‘‘$75,000’’ and inserting and in the case of any calendar year after ‘‘(A) the qualifying project expenditure ‘‘$500,000’’. 2020, zero. amount for the calendar year, and (B) FAILURES CORRECTED ON OR BEFORE AU- ‘‘(D) UNALLOCATED AMOUNTS AT END OF ‘‘(B) the amount allocated to each New GUST 1.—Section 6721(b)(2) is amended— CREDIT PERIOD.—If, as of the close of the York Liberty Zone governmental unit under (i) by striking ‘‘$30’’ and inserting ‘‘$100’’, credit period, the amount under subpara- subsection (b)(3) for the calendar year, and (ii) by striking ‘‘$50’’ and inserting ‘‘$250’’, graph (B) exceeds the aggregate amount allo- ‘‘(2) includes such other information as the and cated under subparagraph (A) for all cal- Secretary may require to carry out this sec- (iii) by striking ‘‘$150,000’’ and inserting endar years in the credit period, the Gov- tion. ‘‘$1,500,000’’. ernor of the State of New York and the ‘‘(f) GUIDANCE.—The Secretary may pre- (3) LOWER LIMITATION FOR PERSONS WITH Mayor of the City of New York, New York, scribe such guidance as may be necessary or GROSS RECEIPTS OF NOT MORE THAN may jointly allocate to New York Liberty appropriate to ensure compliance with the $5,000,000.—Section 6721(d)(1) is amended— Zone governmental units for any calendar purposes of this section. (A) in subparagraph (A)— year in the 5-year period following the credit ‘‘(g) TERMINATION.—No credit shall be al- (i) by striking ‘‘$100,000’’ and inserting period an amount equal to— lowed under subsection (a) for any calender ‘‘$1,000,000’’, and ‘‘(i) the lesser of— year after 2025.’’. (ii) by striking ‘‘$250,000’’ and inserting ‘‘(I) such excess, or (b) TERMINATION OF SPECIAL ALLOWANCE ‘‘$3,000,000’’, ‘‘(II) the qualifying project expenditure AND EXPENSING.—Section 1400K(b)(2)(A)(v), as (B) in subparagraph (B)— amount for such calendar year, reduced by redesignated by subsection (a), is amended (i) by striking ‘‘$25,000’’ and inserting ‘‘(ii) the aggregate amount allocated under by striking ‘‘the termination date’’ and in- ‘‘$175,000’’, and this subparagraph for all preceding calendar serting ‘‘the date of the enactment of the (ii) by striking ‘‘$75,000’’ and inserting years. American Infrastructure Investment and Im- ‘‘$500,000’’, and

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(C) in subparagraph (C)— occurring during any taxable year, there ‘‘(A) IN GENERAL.—The term ‘qualified (i) by striking ‘‘$50,000’’ and inserting shall be allowed as a credit against the tax project’ means a project eligible under sec- ‘‘$500,000’’, and imposed by this chapter for the taxable year tion 26101(b) of title 49, United States Code (ii) by striking ‘‘$150,000’’ and inserting an amount equal to the sum of the credits (determined without regard to paragraph (2) ‘‘$1,500,000’’. determined under subsection (b) with respect thereof), which the Secretary determines (4) PENALTY IN CASE OF INTENTIONAL DIS- to such dates. was selected using the criteria of subsection REGARD.—Section 6721(e) is amended— ‘‘(b) AMOUNT OF CREDIT.— (c) of such section 26101 by the Secretary of (A) by striking ‘‘$100’’ in paragraph (2) and ‘‘(1) IN GENERAL.—The amount of the credit Transportation, that makes a substantial inserting ‘‘$500’’, determined under this subsection with re- contribution to improving a rail transpor- (B) by striking ‘‘$250,000’’ in paragraph spect to any credit allowance date for a tation corridor for intercity passenger rail (3)(A) and inserting ‘‘$3,000,000’’. qualified rail infrastructure bond is 25 per- use. (b) FAILURE TO FURNISH CORRECT PAYEE cent of the annual credit determined with re- ‘‘(B) CERTIFICATION REQUIRED REGARDING STATEMENTS.— spect to such bond. CERTAIN PROJECTS.—The Secretary shall not (1) IN GENERAL.—Section 6722(a) is amend- ‘‘(2) ANNUAL CREDIT.—The annual credit de- consider a project to be a qualified project ed— termined with respect to any qualified rail unless an applicant certifies to the Secretary (A) by striking ‘‘$50’’ and inserting ‘‘$250’’, infrastructure bond is the product of— that— and ‘‘(A) the credit rate determined by the Sec- ‘‘(i) if a project involves a rail transpor- (B) by striking ‘‘$100,000’’ and inserting retary under paragraph (3) for the day on tation corridor which includes the use of ‘‘$1,000,000’’. which such bond was sold, multiplied by rights-of-way owned by a freight railroad, ‘‘(B) the outstanding face amount of the (2) PENALTY IN CASE OF INTENTIONAL DIS- the applicant has entered into a written bond. REGARD.—Section 6722(c) is amended— agreement with such freight railroad regard- (A) by striking ‘‘$100’’ in paragraph (1) and ‘‘(3) DETERMINATION.—For purposes of para- ing the use of the rights-of-way and has re- inserting ‘‘$500’’, and graph (2), with respect to any qualified rail ceived assurances that collective bargaining infrastructure bond, the Secretary shall de- (B) by striking ‘‘$100,000’’ in paragraph agreements between such freight railroad termine daily or cause to be determined (2)(A) and inserting ‘‘$1,000,000’’. and its employees (including terms regarding daily a credit rate which shall apply to the (c) FAILURE TO COMPLY WITH OTHER INFOR- the contracting of work performed on such first day on which there is a binding, written MATION REPORTING REQUIREMENTS.—Section corridor) shall remain in full force and effect contract for the sale or exchange of the 6723 is amended— during the term of such written agreement, bond. The credit rate for any day is the cred- (1) by striking ‘‘$50’’ and inserting ‘‘$250’’, ‘‘(ii) any person which provides railroad it rate which the Secretary or the Sec- and transportation over infrastructure improved retary’s designee estimates will permit the (2) by striking ‘‘$100,000’’ and inserting or acquired pursuant to this section, is a rail issuance of qualified rail infrastructure ‘‘$1,000,000’’. carrier as defined by section 10102 of title 49, bonds with a specified maturity or redemp- United States Code, and (d) EFFECTIVE DATE.—The amendments tion date, without discount and without in- made by this section shall apply with respect ‘‘(iii) the applicant shall, with respect to terest cost to the qualified issuer. to information returns required to be filed improvements to rail infrastructure made ‘‘(4) CREDIT ALLOWANCE DATE.—For pur- on or after January 1, 2009. pursuant to this section, comply with the poses of this section, the term ‘credit allow- standards applicable to construction work in SEC. 834. EXEMPTION OF CERTAIN COMMERCIAL ance date’ means— such title 49, in the same manner in which CARGO FROM HARBOR MAINTE- NANCE TAX. ‘‘(A) March 15, the National Railroad Passenger Corporation ‘‘(B) June 15, is required to comply with such standards. (a) IN GENERAL.—Section 4462 is amended— ‘‘(C) September 15, and ‘‘(C) REFINANCING RULES.—For purposes of (1) by redesignating subsection (i) as sub- ‘‘(D) December 15. paragraph (1)(B), a qualified project may be section (j), and Such term also includes the last day on refinanced with proceeds of a qualified rail (2) by inserting after subsection (h) the fol- which the bond is outstanding. infrastructure bond only if the indebtedness lowing new subsection: ‘‘(5) SPECIAL RULE FOR ISSUANCE AND RE- being refinanced (including any obligation ‘‘(i) EXEMPTION FOR CERTAIN CARGO TRANS- DEMPTION.—In the case of a bond which is directly or indirectly refinanced by such in- PORTED ON THE GREAT LAKES SAINT LAW- issued during the 3-month period ending on a debtedness) was originally incurred after the RENCE SEAWAY SYSTEM.— credit allowance date, the amount of the date of the enactment of this section. ‘‘(1) IN GENERAL.—No tax shall be imposed credit determined under this subsection with ‘‘(D) REIMBURSEMENT.—For purposes of under section 4461(a) with respect to— respect to such credit allowance date shall paragraph (1)(B), a qualified rail infrastruc- ‘‘(A) commercial cargo (other than bulk be a ratable portion of the credit otherwise ture bond may be issued to reimburse for cargo) loaded at a port in the United States determined based on the portion of the 3- amounts paid after the date of the enact- located in the Great Lakes Saint Lawrence month period during which the bond is out- ment of this section with respect to a quali- Seaway System and unloaded at another standing. A similar rule shall apply when the fied project, but only if— port in the United States located in such bond is redeemed or matures. ‘‘(i) prior to the payment of the original system, and ‘‘(c) LIMITATION BASED ON AMOUNT OF expenditure, the issuer declared its intent to ‘‘(B) commercial cargo (other than bulk TAX.—The credit allowed under subsection reimburse such expenditure with the pro- cargo) unloaded at a port in the United (a) for any taxable year shall not exceed the ceeds of a qualified rail infrastructure bond, States located in the Great Lakes Saint excess of— ‘‘(ii) not later than 60 days after payment Lawrence Seaway System which was loaded ‘‘(1) the sum of the regular tax liability (as of the original expenditure, the qualified at a port in Canada located in such system. defined in section 26(b)) plus the tax imposed issuer adopts an official intent to reimburse ‘‘(2) BULK CARGO.—For purposes of this sub- by section 55, over the original expenditure with such proceeds, section, the term ‘bulk cargo’ shall have the ‘‘(2) the sum of the credits allowable under and meaning given such term by section 53101(1) this part (other than this subpart, subpart C, ‘‘(iii) the reimbursement is made not later of title 46, United States Code (as in effect on and section 1400N(l)). than 18 months after the date the original the date of the enactment of this section). ‘‘(d) QUALIFIED RAIL INFRASTRUCTURE expenditure is paid. ‘‘(3) GREAT LAKES SAINT LAWRENCE SEAWAY BOND.—For purposes of this section— ‘‘(E) TREATMENT OF CHANGES IN USE.—For SYSTEM.—For purposes of this subsection, ‘‘(1) IN GENERAL.—The term ‘qualified rail purposes of paragraph (1)(B), the proceeds of the term ‘Great Lakes Saint Lawrence Sea- infrastructure bond’ means any bond issued an issue shall not be treated as used for a way System’ means the waterway between as part of an issue if— qualified project to the extent that a quali- Duluth, Minnesota and Sept. Iles, Quebec, ‘‘(A) the bond is issued by a qualified issuer fied issuer takes any action within its con- encompassing the five Great Lakes, their pursuant to an allocation by the Secretary trol which causes such proceeds not to be connecting channels, and the Saint Law- to such issuer of a portion of the national used for a qualified project. The Secretary rence River.’’. qualified rail infrastructure bond annual shall prescribe regulations specifying reme- (b) EFFECTIVE DATE.—The amendments limitation under subsection (f)(2) by not dial actions that may be taken (including made by this section shall take effect on the later than the end of the calendar year fol- conditions to taking such remedial actions) date of the enactment of this Act. lowing the year of such allocation, to prevent an action described in the pre- SEC. 835. CREDIT TO HOLDERS OF QUALIFIED ‘‘(B) 95 percent or more of the proceeds of ceding sentence from causing a bond to fail RAIL INFRASTRUCTURE BONDS. such issue are to be used for capital expendi- to be a qualified rail infrastructure bond. (a) IN GENERAL.—Subpart H of part IV of tures incurred for 1 or more qualified ‘‘(e) MATURITY LIMITATIONS.— subchapter A of chapter 1 (relating to credits projects, ‘‘(1) DURATION OF TERM.—A bond shall not against tax) is amended by adding at the end ‘‘(C) the qualified issuer designates such be treated as a qualified rail infrastructure the following new section: bond for purposes of this section and the bond if the maturity of such bond exceeds ‘‘SEC. 54A. CREDIT TO HOLDERS OF QUALIFIED bond is in registered form, and the maximum term determined by the Sec- RAIL INFRASTRUCTURE BONDS. ‘‘(D) the issue meets the requirements of retary under paragraph (2) with respect to ‘‘(a) ALLOWANCE OF CREDIT.—If a taxpayer subsection (h). such bond. holds a qualified rail infrastructure bond on ‘‘(2) QUALIFIED PROJECT; SPECIAL USE ‘‘(2) MAXIMUM TERM.—During each calendar 1 or more credit allowance dates of the bond RULES.— month, the Secretary shall determine the

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Such maximum term shall shall redeem all of the nonqualified bonds (d) ISSUANCE OF REGULATIONS.—The Sec- be the term which the Secretary estimates within 90 days after the end of such period. retary of Treasury shall issue regulations re- will result in the present value of the obliga- For purposes of this paragraph, the amount quired under section 54A of the Internal Rev- tion to repay the principal on the bond being of the nonqualified bonds required to be re- enue Code of 1986 (as added by this section) equal to 50 percent of the face amount of deemed shall be determined in the same not later than 120 days after the date of the such bond. Such present value shall be deter- manner as under section 142. enactment of this Act. mined without regard to the requirements of ‘‘(i) SPECIAL RULES RELATING TO ARBI- (e) EFFECTIVE DATE.—The amendments paragraph (3) and using as a discount rate TRAGE.—A bond which is part of an issue made by this section shall apply to bonds the average annual interest rate of tax-ex- shall not be treated as a qualified rail infra- issued after the date of the enactment of this empt obligations having a term of 10 years or structure bond unless, with respect to the Act. more which are issued during the month. If issue of which the bond is a part, the quali- SEC. 836. REPEAL OF SUSPENSION OF CERTAIN PENALTIES AND INTEREST. the term as so determined is not a multiple fied issuer satisfies the arbitrage require- (a) IN GENERAL.—Section 6404 is amended of a whole year, such term shall be rounded ments of section 148 with respect to proceeds by striking subsection (g). to the next highest whole year. of the issue. (b) EFFECTIVE DATE.— ‘‘(3) RATABLE PRINCIPAL AMORTIZATION RE- PECIAL ULES ELATING TO OOL ‘‘(j) S R R P (1) IN GENERAL.—Except as provided in QUIRED.—A bond shall not be treated as a BONDS.—No portion of a pooled financing qualified rail infrastructure bond unless it is paragraph (2), the amendments made by this bond may be allocable to loan unless the bor- section shall apply to notices provided by part of an issue which provides for an equal rower has entered into a written loan com- amount of principal to be paid by the quali- the Secretary of the Treasury, or his dele- mitment for such portion prior to the issue gate after the date which is 6 months after fied issuer during each 12-month period that date of such issue. the issue is outstanding (other than the first the date of the enactment of the Small Busi- ‘‘(k) OTHER DEFINITIONS AND SPECIAL ness and Work Opportunity Tax Act of 2007. 12-month period). RULES.—For purposes of this section— ‘‘(f) ANNUAL LIMITATION ON AMOUNT OF (2) EXCEPTION FOR CERTAIN TAXPAYERS.— ‘‘(1) BOND.—The term ‘bond’ includes any The amendments made by this section shall BONDS DESIGNATED.— obligation. ‘‘(1) NATIONAL ANNUAL LIMITATION.—There not apply to any taxpayer with respect to ‘‘(2) POOLED FINANCING BOND.—The term is a national qualified rail infrastructure whom a suspension of any interest, penalty, ‘pooled financing bond’ shall have the mean- bond annual limitation for each calendar addition to tax, or other amount is in effect ing given such term by section 149(f)(4)(A). year. Such limitation is $900,000,000 for 2009, on the date which is 6 months after the date ‘‘(3) QUALIFIED ISSUER.—The term ‘quali- 2010, and 2011, and, except as provided in of the enactment of the Small Business and fied issuer’ means 1 or more States or an paragraph (3), zero thereafter. Work Opportunity Tax Act of 2007. interstate compact of States. ‘‘(2) ALLOCATION BY SECRETARY.—The na- SEC. 837. DENIAL OF DEDUCTION FOR CERTAIN ‘‘(4) STATE.—The term ‘State’ includes the tional qualified rail infrastructure bond an- FINES, PENALTIES, AND OTHER District of Columbia and any possession of AMOUNTS. nual limitation for a calendar year shall be the United States. (a) IN GENERAL.—Subsection (f) of section allocated by the Secretary among qualified ‘‘(5) S CORPORATIONS AND PARTNERSHIPS.— 162 (relating to trade or business expenses) is projects in such manner as the Secretary de- In the case of a qualified rail infrastructure amended to read as follows: termines appropriate. bond held by an S corporation or partner- ‘‘(f) FINES, PENALTIES, AND OTHER ‘‘(3) CARRYOVER OF UNUSED LIMITATION.—If ship, the allocation of the credit allowed by AMOUNTS.— for any calendar year, the national qualified this section to the shareholders of the cor- ‘‘(1) IN GENERAL.—Except as provided in rail infrastructure bond annual limitation poration or partners of such partnership paragraph (2), no deduction otherwise allow- for such year exceeds the amount of bonds shall be treated as a distribution. able shall be allowed under this chapter for allocated during such year, such limitation ‘‘(6) BONDS HELD BY REGULATED INVESTMENT any amount paid or incurred (whether by for the following calendar year shall be in- COMPANIES.—If any qualified rail infrastruc- suit, agreement, or otherwise) to, or at the creased by the amount of such excess. Any ture bond is held by a regulated investment direction of, a government or entity de- carryforward of a limitation may be carried company, the credit determined under sub- scribed in paragraph (4) in relation to— only to the first 2 years following the unused section (a) shall be allowed to shareholders ‘‘(A) the violation of any law, or limitation year. For purposes of the pre- of such company under procedures prescribed ‘‘(B) an investigation or inquiry into the ceding sentence, a limitation shall be treat- by the Secretary. potential violation of any law which is initi- ed as used on a first-in first-out basis. ‘‘(7) REPORTING.—Issuers of qualified rail ated by such government or entity. ‘‘(g) CREDIT TREATED AS INTEREST.—For infrastructure bonds shall submit reports ‘‘(2) EXCEPTION FOR AMOUNTS CONSTITUTING purposes of this title, the credit determined RESTITUTION OR PAID TO COME INTO COMPLI- under subsection (a) shall be treated as in- similar to the reports required under section 149(e). ANCE WITH LAW.—Paragraph (1) shall not terest which is includible in gross income. apply to any amount which— ‘‘(8) TERMINATION.—This section shall not ‘‘(h) SPECIAL RULES RELATING TO EXPENDI- ‘‘(A) the taxpayer establishes— TURES.— apply with respect to any bond issued after December 31, 2013.’’. ‘‘(i) constitutes restitution (or remediation ‘‘(1) IN GENERAL.—An issue shall be treated of property) for damage or harm caused by, (b) REPORTING.—Subsection (d) of section as meeting the requirements of this sub- or which may be caused by, the violation of 6049 (relating to returns regarding payments section if, as of the date of issuance, the any law or the potential violation of any of interest) is amended by adding at the end qualified issuer reasonably expects— law, or the following new paragraph: ‘‘(A) at least 95 percent of the proceeds of ‘‘(ii) is paid to come into compliance with ‘‘(9) REPORTING OF CREDIT ON QUALIFIED the issue are to be spent for 1 or more quali- any law which was violated or involved in RAIL INFRASTRUCTURE BONDS.— fied projects within the 5-year period begin- the investigation or inquiry, and ‘‘(A) IN GENERAL.—For purposes of sub- ning on the date of issuance of the qualified ‘‘(B) is identified as an amount described in section (a), the term ‘interest’ includes rail infrastructure bond, clause (i) or (ii) of subparagraph (A), as the amounts includible in gross income under ‘‘(B) a binding commitment with a third case may be, in the court order or settlement section 54A(g) and such amounts shall be party to spend at least 10 percent of the pro- agreement, except that the requirement of ceeds of the issue will be incurred within the treated as paid on the credit allowance date this subparagraph shall not apply in the case 6-month period beginning on the date of (as defined in section 54A(b)(4)). of any settlement agreement which requires issuance of the qualified rail infrastructure ‘‘(B) REPORTING TO CORPORATIONS, ETC.— the taxpayer to pay or incur an amount not bond, and Except as otherwise provided in regulations, greater than $1,000,000. ‘‘(C) such projects will be completed with in the case of any interest described in sub- A taxpayer shall not meet the requirements due diligence and the proceeds from the sale paragraph (A), subsection (b)(4) shall be ap- of subparagraph (A) solely by reason an iden- of the issue will be spent with due diligence. plied without regard to subparagraphs (A), tification under subparagraph (B). This para- ‘‘(2) EXTENSION OF PERIOD.—Upon submis- (H), (I), (J), (K), and (L)(i) of such subsection. graph shall not apply to any amount paid or sion of a request prior to the expiration of ‘‘(C) REGULATORY AUTHORITY.—The Sec- incurred as reimbursement to the govern- the period described in paragraph (1)(A), the retary may prescribe such regulations as are ment or entity for the costs of any investiga- Secretary may extend such period if the necessary or appropriate to carry out the tion or litigation unless such amount is paid qualified issuer establishes that the failure purposes of this paragraph, including regula- or incurred for a cost or fee regularly to satisfy the 5-year requirement is due to tions which require more frequent or more charged for any routine audit or other cus- reasonable cause and the related projects detailed reporting.’’. tomary review performed by the government will continue to proceed with due diligence. (c) CONFORMING AMENDMENTS.— or entity. ‘‘(3) FAILURE TO SPEND REQUIRED AMOUNT OF (1) The table of sections for subpart H of ‘‘(3) EXCEPTION FOR AMOUNTS PAID OR IN- BOND PROCEEDS WITHIN 5 YEARS.—To the ex- part IV of subchapter A of chapter 1 is CURRED AS THE RESULT OF CERTAIN COURT OR- tent that less than 95 percent of the proceeds amended by adding at the end the following DERS.—Paragraph (1) shall not apply to any of such issue are expended by the close of the new item: amount paid or incurred by order of a court 5-year period beginning on the date of ‘‘Sec. 54A. Credit to holders of qualified rail in a suit in which no government or entity issuance (or if an extension has been ob- infrastructure bonds.’’. described in paragraph (4) is a party.

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‘‘(4) CERTAIN NONGOVERNMENTAL REGU- person at the same time the government or property disposed of in a transaction in LATORY ENTITIES.—An entity is described in entity provides the Secretary with the infor- which gain is not recognized in whole or in this paragraph if it is— mation required under subsection (a). part, until such other date as the Secretary ‘‘(A) a nongovernmental entity which exer- ‘‘(c) APPROPRIATE OFFICIAL DEFINED.—For may prescribe). cises self-regulatory powers (including im- purposes of this section, the term ‘appro- ‘‘(2) DETERMINATION OF TAX WITH RESPECT posing sanctions) in connection with a quali- priate official’ means the officer or employee TO PROPERTY.—For purposes of paragraph (1), fied board or exchange (as defined in section having control of the suit, investigation, or the additional tax attributable to any prop- 1256(g)(7)), or inquiry or the person appropriately des- erty is an amount which bears the same ‘‘(B) to the extent provided in regulations, ignated for purposes of this section.’’. ratio to the additional tax imposed by this a nongovernmental entity which exercises (2) CONFORMING AMENDMENT.—The table of chapter for the taxable year solely by reason self-regulatory powers (including imposing sections for subpart B of part III of sub- of subsection (a) as the gain taken into ac- sanctions) as part of performing an essential chapter A of chapter 61 is amended by insert- count under subsection (a) with respect to governmental function. ing after the item relating to section 6050V such property bears to the total gain taken ‘‘(5) EXCEPTION FOR TAXES DUE.—Paragraph the following new item: into account under subsection (a) with re- (1) shall not apply to any amount paid or in- ‘‘Sec. 6050W. Information with respect to spect to all property to which subsection (a) curred as taxes due.’’. certain fines, penalties, and applies. (b) REPORTING OF DEDUCTIBLE AMOUNTS.— other amounts.’’. ‘‘(3) TERMINATION OF EXTENSION.—The due (1) IN GENERAL.—Subpart B of part III of (c) EFFECTIVE DATE.—The amendments date for payment of tax may not be extended subchapter A of chapter 61 is amended by in- made by this section shall apply to amounts under this subsection later than the due date serting after section 6050V the following new paid or incurred on or after the date of the for the return of tax imposed by this chapter section: enactment of this Act, except that such for the taxable year which includes the date ‘‘SEC. 6050W. INFORMATION WITH RESPECT TO amendments shall not apply to amounts paid of death of the expatriate (or, if earlier, the CERTAIN FINES, PENALTIES, AND or incurred under any binding order or agree- time that the security provided with respect OTHER AMOUNTS. ment entered into before such date. Such ex- to the property fails to meet the require- ‘‘(a) REQUIREMENT OF REPORTING.— ception shall not apply to an order or agree- ments of paragraph (4), unless the taxpayer ‘‘(1) IN GENERAL.—The appropriate official ment requiring court approval unless the ap- corrects such failure within the time speci- of any government or entity which is de- proval was obtained before such date. fied by the Secretary). scribed in section 162(f)(4) which is involved ‘‘(4) SECURITY.— in a suit or agreement described in para- SEC. 838. REVISION OF TAX RULES ON EXPATRIA- TION. ‘‘(A) IN GENERAL.—No election may be graph (2) shall make a return in such form as made under paragraph (1) with respect to determined by the Secretary setting forth— (a) IN GENERAL.—Subpart A of part II of subchapter N of chapter 1 is amended by in- any property unless adequate security is pro- ‘‘(A) the amount required to be paid as a vided with respect to such property. result of the suit or agreement to which serting after section 877 the following new ‘‘(B) ADEQUATE SECURITY.—For purposes of paragraph (1) of section 162(f) applies, section: ‘‘SEC. 877A. TAX RESPONSIBILITIES OF EXPATRIA- subparagraph (A), security with respect to ‘‘(B) any amount required to be paid as a any property shall be treated as adequate se- result of the suit or agreement which con- TION. ‘‘(a) GENERAL RULES.—For purposes of this curity if— stitutes restitution or remediation of prop- ‘‘(i) it is a bond which is furnished to, and erty, and subtitle— ‘‘(1) MARK TO MARKET.—All property of a accepted by, the Secretary, which is condi- ‘‘(C) any amount required to be paid as a tioned on the payment of tax (and interest result of the suit or agreement for the pur- covered expatriate shall be treated as sold on the day before the expatriation date for its thereon), and which meets the requirements pose of coming into compliance with any law of section 6325, or which was violated or involved in the inves- fair market value. ‘‘(2) RECOGNITION OF GAIN OR LOSS.—In the ‘‘(ii) it is another form of security for such tigation or inquiry. payment (including letters of credit) that ‘‘(2) SUIT OR AGREEMENT DESCRIBED.— case of any sale under paragraph (1)— ‘‘(A) notwithstanding any other provision meets such requirements as the Secretary ‘‘(A) IN GENERAL.—A suit or agreement is may prescribe. described in this paragraph if— of this title, any gain arising from such sale ‘‘(5) WAIVER OF CERTAIN RIGHTS.—No elec- ‘‘(i) it is— shall be taken into account for the taxable year of the sale, and tion may be made under paragraph (1) unless ‘‘(I) a suit with respect to a violation of the taxpayer makes an irrevocable waiver of any law over which the government or entity ‘‘(B) any loss arising from such sale shall be taken into account for the taxable year of any right under any treaty of the United has authority and with respect to which States which would preclude assessment or there has been a court order, or the sale to the extent otherwise provided by this title, except that section 1091 shall not collection of any tax imposed by reason of ‘‘(II) an agreement which is entered into this section. with respect to a violation of any law over apply to any such loss. Proper adjustment shall be made in the ‘‘(6) ELECTIONS.—An election under para- which the government or entity has author- graph (1) shall only apply to property de- ity, or with respect to an investigation or in- amount of any gain or loss subsequently re- alized for gain or loss taken into account scribed in the election and, once made, is ir- quiry by the government or entity into the revocable. potential violation of any law over which under the preceding sentence, determined without regard to paragraph (3). ‘‘(7) INTEREST.—For purposes of section such government or entity has authority, 6601, the last date for the payment of tax and ‘‘(3) EXCLUSION FOR CERTAIN GAIN.— ‘‘(A) IN GENERAL.—The amount which shall be determined without regard to the ‘‘(ii) the aggregate amount involved in all election under this subsection. court orders and agreements with respect to would (but for this paragraph) be includible ‘‘(c) EXCEPTION FOR CERTAIN PROPERTY.— the violation, investigation, or inquiry is in the gross income of any individual by rea- Subsection (a) shall not apply to— $600 or more. son of paragraph (1) shall be reduced (but not ‘‘(1) any deferred compensation item (as ‘‘(B) ADJUSTMENT OF REPORTING THRESH- below zero) by $600,000. defined in subsection (d)(4)), OLD.—The Secretary may adjust the $600 ‘‘(B) ADJUSTMENT FOR INFLATION.— ‘‘(2) any specified tax deferred account (as amount in subparagraph (A)(ii) as necessary ‘‘(i) IN GENERAL.—In the case of any tax- defined in subsection (e)(2)), and in order to ensure the efficient administra- able year beginning in a calendar year after ‘‘(3) any interest in a nongrantor trust (as tion of the internal revenue laws. 2008, the dollar amount in subparagraph (A) defined in subsection (f)(3)). ‘‘(3) TIME OF FILING.—The return required shall be increased by an amount equal to— under this subsection shall be filed not later ‘‘(I) such dollar amount, multiplied by ‘‘(d) TREATMENT OF DEFERRED COMPENSA- than— ‘‘(II) the cost-of-living adjustment deter- TION ITEMS.— ‘‘(A) 30 days after the date on which a mined under section 1(f)(3) for the calendar ‘‘(1) WITHHOLDING ON ELIGIBLE DEFERRED court order is issued with respect to the suit year in which the taxable year begins, by COMPENSATION ITEMS.— or the date the agreement is entered into, as substituting ‘calendar year 2007’ for ‘cal- ‘‘(A) IN GENERAL.—In the case of any eligi- the case may be, or endar year 1992’ in subparagraph (B) thereof. ble deferred compensation item, the payor ‘‘(B) the date specified by the Secretary. ‘‘(ii) ROUNDING.—If any amount as adjusted shall deduct and withhold from any taxable ‘‘(b) STATEMENTS TO BE FURNISHED TO INDI- under clause (i) is not a multiple of $1,000, payment to a covered expatriate with re- VIDUALS INVOLVED IN THE SETTLEMENT.— such amount shall be rounded to the nearest spect to such item a tax equal to 30 percent Every person required to make a return multiple of $1,000. thereof. under subsection (a) shall furnish to each ‘‘(b) ELECTION TO DEFER TAX.— ‘‘(B) TAXABLE PAYMENT.—For purposes of person who is a party to the suit or agree- ‘‘(1) IN GENERAL.—If the taxpayer elects the subparagraph (A), the term ‘taxable pay- ment a written statement showing— application of this subsection with respect to ment’ means with respect to a covered expa- ‘‘(1) the name of the government or entity, any property treated as sold by reason of triate any payment to the extent it would be and subsection (a), the time for payment of the includible in the gross income of the covered ‘‘(2) the information supplied to the Sec- additional tax attributable to such property expatriate if such expatriate continued to be retary under subsection (a)(1). shall be extended until the due date of the subject to tax as a citizen or resident of the The written statement required under the return for the taxable year in which such United States. A deferred compensation item preceding sentence shall be furnished to the property is disposed of (or, in the case of shall be taken into account as a payment

VerDate Aug 31 2005 03:30 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\CR\FM\A29AP6.071 S29APPT1 CCOLEMAN on PRODPC75 with SENATE April 29, 2008 CONGRESSIONAL RECORD — SENATE S3547 under the preceding sentence when such item ferred account held by a covered expatriate ‘‘(ii)(I) the individual’s relinquishment of would be so includible. on the day before the expatriation date— United States citizenship occurs before such ‘‘(2) OTHER DEFERRED COMPENSATION ‘‘(A) the covered expatriate shall be treat- individual attains age 181⁄2, and ITEMS.—In the case of any deferred com- ed as receiving a distribution of his entire in- ‘‘(II) the individual has been a resident of pensation item which is not an eligible de- terest in such account on the day before the the United States (as so defined) for not ferred compensation item— expatriation date, more than 10 taxable years before the date of ‘‘(A)(i) with respect to any deferred com- ‘‘(B) no early distribution tax shall apply relinquishment. pensation item to which clause (ii) does not by reason of such treatment, and ‘‘(C) COVERED EXPATRIATES ALSO SUBJECT apply, an amount equal to the present value ‘‘(C) appropriate adjustments shall be TO TAX AS CITIZENS OR RESIDENTS.—In the of the covered expatriate’s accrued benefit made to subsequent distributions from the case of any covered expatriate who is subject shall be treated as having been received by account to reflect such treatment. to tax as a citizen or resident of the United such individual on the day before the expa- ‘‘(2) SPECIFIED TAX DEFERRED ACCOUNT.— States for any period beginning after the ex- triation date as a distribution under the For purposes of paragraph (1), the term patriation date, such individual shall not be plan, and ‘specified tax deferred account’ means an in- treated as a covered expatriate during such ‘‘(ii) with respect to any deferred com- dividual retirement plan (as defined in sec- period for purposes of subsections (d)(1) and pensation item referred to in paragraph tion 7701(a)(37)) other than any arrangement (f) and section 2801. (4)(D), the rights of the covered expatriate to described in subsection (k) or (p) of section ‘‘(2) EXPATRIATE.—The term ‘expatriate’ such item shall be treated as becoming 408, a qualified tuition program (as defined in means— transferable and not subject to a substantial section 529), a Coverdell education savings ‘‘(A) any United States citizen who relin- risk of forfeiture on the day before the expa- account (as defined in section 530), a health quishes his citizenship, and triation date, savings account (as defined in section 223), ‘‘(B) any long-term resident of the United ‘‘(B) no early distribution tax shall apply and an Archer MSA (as defined in section States who ceases to be a lawful permanent by reason of such treatment, and 220). resident of the United States (within the meaning of section 7701(b)(6)). ‘‘(C) appropriate adjustments shall be ‘‘(f) SPECIAL RULES FOR NONGRANTOR ‘‘(3) EXPATRIATION DATE.—The term ‘expa- made to subsequent distributions from the TRUSTS.— triation date’ means— plan to reflect such treatment. ‘‘(1) IN GENERAL.—In the case of a distribu- ‘‘(A) the date an individual relinquishes ‘‘(3) ELIGIBLE DEFERRED COMPENSATION tion (directly or indirectly) of any property United States citizenship, or ITEMS.—For purposes of this subsection, the from a nongrantor trust to a covered expa- ‘‘(B) in the case of a long-term resident of term ‘eligible deferred compensation item’ triate— the United States, the date on which the in- means any deferred compensation item with ‘‘(A) the trustee shall deduct and withhold dividual ceases to be a lawful permanent respect to which— from such distribution an amount equal to 30 resident of the United States (within the ‘‘(A) the payor of such item is— percent of the taxable portion of the dis- meaning of section 7701(b)(6)). ‘‘(i) a United States person, or tribution, and ‘‘(4) RELINQUISHMENT OF CITIZENSHIP.—A ‘‘(ii) a person who is not a United States ‘‘(B) if the fair market value of such prop- person but who elects to be treated as a citizen shall be treated as relinquishing his erty exceeds its adjusted basis in the hands United States citizenship on the earliest of— United States person for purposes of para- of the trust, gain shall be recognized to the ‘‘(A) the date the individual renounces his graph (1) and meets such requirements as the trust as if such property were sold to the ex- United States nationality before a diplo- Secretary may provide to ensure that the patriate at its fair market value. matic or consular officer of the United payor will meet the requirements of para- ‘‘(2) TAXABLE PORTION.—For purposes of States pursuant to paragraph (5) of section graph (1), and this subsection, the term ‘taxable portion’ 349(a) of the Immigration and Nationality ‘‘(B) the covered expatriate— means, with respect to any distribution, that Act (8 U.S.C. 1481(a)(5)), ‘‘(i) notifies the payor of his status as a portion of the distribution which would be ‘‘(B) the date the individual furnishes to covered expatriate, and includible in the gross income of the covered the United States Department of State a ‘‘(ii) makes an irrevocable waiver of any expatriate if such expatriate continued to be signed statement of voluntary relinquish- right to claim any reduction under any trea- subject to tax as a citizen or resident of the ment of United States nationality con- ty with the United States in withholding on United States. firming the performance of an act of expa- such item. ‘‘(3) NONGRANTOR TRUST.—For purposes of triation specified in paragraph (1), (2), (3), or ‘‘(4) DEFERRED COMPENSATION ITEM.—For this subsection, the term ‘nongrantor trust’ (4) of section 349(a) of the Immigration and purposes of this subsection, the term ‘de- means the portion of any trust that the indi- Nationality Act (8 U.S.C. 1481(a)(1)–(4)), ferred compensation item’ means— vidual is not considered the owner of under ‘‘(C) the date the United States Depart- ‘‘(A) any interest in a plan or arrangement subpart E of part I of subchapter J. The de- ment of State issues to the individual a cer- described in section 219(g)(5), termination under the preceding sentence tificate of loss of nationality, or ‘‘(B) any interest in a foreign pension plan shall be made immediately before the expa- ‘‘(D) the date a court of the United States or similar retirement arrangement or pro- triation date. cancels a naturalized citizen’s certificate of gram, ‘‘(4) SPECIAL RULES RELATING TO WITH- naturalization. ‘‘(C) any item of deferred compensation, HOLDING.—For purposes of this subsection— Subparagraph (A) or (B) shall not apply to and ‘‘(A) rules similar to the rules of sub- any individual unless the renunciation or ‘‘(D) any property, or right to property, section (d)(6) shall apply, and voluntary relinquishment is subsequently which the individual is entitled to receive in ‘‘(B) the covered expatriate shall be treat- approved by the issuance to the individual of connection with the performance of services ed as having waived any right to claim any a certificate of loss of nationality by the to the extent not previously taken into ac- reduction under any treaty with the United United States Department of State. count under section 83 or in accordance with States in withholding on any distribution to ‘‘(5) LONG-TERM RESIDENT.—The term ‘long- section 83. which paragraph (1)(A) applies. term resident’ has the meaning given to such ‘‘(5) EXCEPTION.—Paragraphs (1) and (2) ‘‘(g) DEFINITIONS AND SPECIAL RULES RE- term by section 877(e)(2). shall not apply to any deferred compensation LATING TO EXPATRIATION.—For purposes of ‘‘(6) EARLY DISTRIBUTION TAX.—The term item which is attributable to services per- this section— ‘early distribution tax’ means any increase formed outside the United States while the ‘‘(1) COVERED EXPATRIATE.— in tax imposed under section 72(t), 220(e)(4), covered expatriate was not a citizen or resi- ‘‘(A) IN GENERAL.—The term ‘covered expa- 223(f)(4), 409A(a)(1)(B), 529(c)(6), or 530(d)(4). dent of the United States. triate’ means an expatriate who meets the ‘‘(h) OTHER RULES.— ‘‘(6) SPECIAL RULES.— requirements of subparagraph (A), (B), or (C) ‘‘(1) TERMINATION OF DEFERRALS, ETC.—In ‘‘(A) APPLICATION OF WITHHOLDING RULES.— of section 877(a)(2). the case of any covered expatriate, notwith- Rules similar to the rules of subchapter B of ‘‘(B) EXCEPTIONS.—An individual shall not standing any other provision of this title— chapter 3 shall apply for purposes of this sub- be treated as meeting the requirements of ‘‘(A) any time period for acquiring prop- section. subparagraph (A) or (B) of section 877(a)(2) erty which would result in the reduction in ‘‘(B) APPLICATION OF TAX.—Any item sub- if— the amount of gain recognized with respect ject to the withholding tax imposed under ‘‘(i) the individual— to property disposed of by the taxpayer shall paragraph (1) shall be subject to tax under ‘‘(I) became at birth a citizen of the United terminate on the day before the expatriation section 871. States and a citizen of another country and, date, and ‘‘(C) COORDINATION WITH OTHER WITH- as of the expatriation date, continues to be a ‘‘(B) any extension of time for payment of HOLDING REQUIREMENTS.—Any item subject citizen of, and is taxed as a resident of, such tax shall cease to apply on the day before the to withholding under paragraph (1) shall not other country, and expatriation date and the unpaid portion of be subject to withholding under section 1441 ‘‘(II) has been a resident of the United such tax shall be due and payable at the time or chapter 24. States (as defined in section 7701(b)(1)(A)(ii)) and in the manner prescribed by the Sec- ‘‘(e) TREATMENT OF SPECIFIED TAX DE- for not more than 10 taxable years during the retary. FERRED ACCOUNTS.— 15-taxable year period ending with the tax- ‘‘(2) STEP-UP IN BASIS.—Solely for purposes ‘‘(1) ACCOUNT TREATED AS DISTRIBUTED.—In able year during which the expatriation date of determining any tax imposed by reason of the case of any interest in a specified tax de- occurs, or subsection (a), property which was held by

VerDate Aug 31 2005 03:30 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\CR\FM\A29AP6.071 S29APPT1 CCOLEMAN on PRODPC75 with SENATE S3548 CONGRESSIONAL RECORD — SENATE April 29, 2008 an individual on the date the individual first ‘‘(ii) the tax imposed by subsection (a) on (2) by inserting ‘‘or 877A’’ after ‘‘section became a resident of the United States such gift or bequest shall be paid by such 877(a)’’ in subsection (d). (within the meaning of section 7701(b)) shall trust. (e) CLERICAL AMENDMENT.—The table of be treated as having a basis on such date of ‘‘(B) FOREIGN TRUSTS.— sections for subpart A of part II of sub- not less than the fair market value of such ‘‘(i) IN GENERAL.—In the case of a covered chapter N of chapter 1 is amended by insert- property on such date. The preceding sen- gift or bequest made to a foreign trust, sub- ing after the item relating to section 877 the tence shall not apply if the individual elects section (a) shall apply to any distribution at- following new item: not to have such sentence apply. Such an tributable to such gift or bequest from such ‘‘Sec. 877A. Tax responsibilities of expatria- election, once made, shall be irrevocable. trust (whether from income or corpus) to a tion.’’. United States citizen or resident in the same ‘‘(3) COORDINATION WITH SECTION 684.—If the (f) EFFECTIVE DATE.— manner as if such distribution were a cov- expatriation of any individual would result (1) IN GENERAL.—Except as provided in this in the recognition of gain under section 684, ered gift or bequest. subsection, the amendments made by this EDUCTION FOR TAX PAID BY RECIPI- this section shall be applied after the appli- ‘‘(ii) D section shall apply to expatriates (as defined ENT.—There shall be allowed as a deduction cation of section 684. in section 877A(g) of the Internal Revenue under section 164 the amount of tax imposed ‘‘(i) REGULATIONS.—The Secretary shall Code of 1986, as added by this section) whose by this section which is paid or accrued by a prescribe such regulations as may be nec- expatriation date (as so defined) is on or United States citizen or resident by reason essary or appropriate to carry out the pur- after the date of the enactment of this Act. of a distribution from a foreign trust, but poses of this section.’’. (2) GIFTS AND BEQUESTS.—Chapter 15 of the only to the extent such tax is imposed on the (b) TAX ON GIFTS AND BEQUESTS RECEIVED Internal Revenue Code of 1986 (as added by portion of such distribution which is in- BY UNITED STATES CITIZENS AND RESIDENTS subsection (b)) shall apply to covered gifts cluded in the gross income of such citizen or FROM EXPATRIATES.— and bequests (as defined in section 2801 of resident. (1) IN GENERAL.—Subtitle B (relating to es- such Code, as so added) received on or after ‘‘(iii) ELECTION TO BE TREATED AS DOMESTIC tate and gift taxes) is amended by inserting the date of the enactment of this Act, re- TRUST.—Solely for purposes of this section, a after chapter 14 the following new chapter: Æ foreign trust may elect to be treated as a do- gardless of when the transferor expatriated. ‘‘CHAPTER 15—GIFTS AND BEQUESTS mestic trust. Such an election may be re- FROM EXPATRIATES voked with the consent of the Secretary. SA 4586. Mr. MENENDEZ submitted ‘‘Sec. 2801. Imposition of tax. ‘‘(f) COVERED EXPATRIATE.—For purposes of an amendment intended to be proposed ‘‘SEC. 2801. IMPOSITION OF TAX. this section, the term ‘covered expatriate’ by him to the bill H.R. 2881, to amend has the meaning given to such term by sec- ‘‘(a) IN GENERAL.—If, during any calendar title 49, United States Code, to author- tion 877A(g)(1).’’. year, any United States citizen or resident ize appropriations for the Federal Avia- (2) CLERICAL AMENDMENT.—The table of tion Administration for fiscal years receives any covered gift or bequest, there is chapters for subtitle B is amended by insert- hereby imposed a tax equal to the product ing after the item relating to chapter 14 the 2008 through 2011, to improve aviation of— following new item: safety and capacity, to provide stable ‘‘(1) the highest rate of tax specified in the ‘‘CHAPTER 15. GIFTS AND BEQUESTS FROM funding for the national aviation sys- table contained in section 2001(c) as in effect EXPATRIATES.’’. tem, and for other purposes; which was on the date of such receipt (or, if greater, the highest rate of tax specified in the table ap- (c) DEFINITION OF TERMINATION OF UNITED ordered to lie on the table; as follows: plicable under section 2502(a) as in effect on STATES CITIZENSHIP.— At the appropriate place, insert the fol- the date), and (1) IN GENERAL.—Section 7701(a) is amended lowing: ‘‘(2) the value of such covered gift or be- by adding at the end the following new para- SEC. lll. EXTENSION OF GRANT AUTHORITY quest. graph: FOR COMPATIBLE LAND USE PLAN- ‘‘(50) TERMINATION OF UNITED STATES CITI- ‘‘(b) TAX TO BE PAID BY RECIPIENT.—The NING AND PROJECTS BY STATE AND ZENSHIP.— tax imposed by subsection (a) on any covered LOCAL GOVERNMENTS. ‘‘(A) IN GENERAL.—An individual shall not gift or bequest shall be paid by the person re- Section 47141(f) is amended by striking cease to be treated as a United States citizen ceiving such gift or bequest. ‘‘September 30, 2007’’ and inserting ‘‘Sep- before the date on which the individual’s tember 30, 2011’’. ‘‘(c) EXCEPTION FOR CERTAIN GIFTS.—Sub- citizenship is treated as relinquished under section (a) shall apply only to the extent section 877A(g)(4). that the value of covered gifts and bequests f ‘‘(B) DUAL CITIZENS.—Under regulations received by any person during the calendar prescribed by the Secretary, subparagraph year exceeds $10,000. (A) shall not apply to an individual who be- AUTHORITY FOR COMMITTEES TO ‘‘(d) TAX REDUCED BY FOREIGN GIFT OR ES- came at birth a citizen of the United States MEET TATE TAX.—The tax imposed by subsection and a citizen of another country.’’. (a) on any covered gift or bequest shall be re- (2) CONFORMING AMENDMENTS.— COMMITTEE ON COMMERCE, SCIENCE, AND duced by the amount of any gift or estate (A) Paragraph (1) of section 877(e) is TRANSPORTATION tax paid to a foreign country with respect to amended to read as follows: Mr. CASEY. Mr. President, I ask such covered gift or bequest. ‘‘(1) IN GENERAL.—Any long-term resident unanimous consent that the Com- ‘‘(e) COVERED GIFT OR BEQUEST.— of the United States who ceases to be a law- mittee on Commerce, Science, and ‘‘(1) IN GENERAL.—For purposes of this ful permanent resident of the United States Transportation be authorized to meet chapter, the term ‘covered gift or bequest’ (within the meaning of section 7701(b)(6)) means— shall be treated for purposes of this section during the session of the Senate on ‘‘(A) any property acquired by gift directly and sections 2107, 2501, and 6039G in the same Tuesday, April 29, 2008, at 10:30 a.m., in or indirectly from an individual who, at the manner as if such resident were a citizen of room 253 of the Russell Senate Office time of such acquisition, is a covered expa- the United States who lost United States Building. triate, and citizenship on the date of such cessation or The PRESIDING OFFICER. Without ‘‘(B) any property acquired directly or in- commencement.’’. objection, it is so ordered. directly by reason of the death of an indi- (B) Paragraph (6) of section 7701(b) is COMMITTEE ON ENVIRONMENT AND PUBLIC vidual who, immediately before such death, amended by adding at the end the following WORKS was a covered expatriate. flush sentence: ‘‘(2) EXCEPTIONS FOR TRANSFERS OTHERWISE ‘‘An individual shall cease to be treated as a Mr. CASEY. Mr. President, I ask SUBJECT TO ESTATE OR GIFT TAX.—Such term lawful permanent resident of the United unanimous consent that the Com- shall not include— States if such individual commences to be mittee on Environment and Public ‘‘(A) any property shown on a timely filed treated as a resident of a foreign country Works be authorized to meet during return of tax imposed by chapter 12 which is under the provisions of a tax treaty between the session of the Senate on Tuesday, a taxable gift by the covered expatriate, and the United States and the foreign country, April 29, 2008 at 10 a.m. in room 406 of ‘‘(B) any property included in the gross es- does not waive the benefits of such treaty tate of the covered expatriate for purposes of the Dirksen Senate Office Building to applicable to residents of the foreign coun- conduct a hearing entitled ‘‘Oversight chapter 11 and shown on a timely filed re- try, and notifies the Secretary of the com- turn of tax imposed by chapter 11 of the es- mencement of such treatment.’’. on EPA Toxic Chemical Policies.’’ tate of the covered expatriate. (C) Section 7701 is amended by striking The PRESIDING OFFICER. Without ‘‘(3) TRANSFERS IN TRUST.— subsection (n) and by redesignating sub- objection, it is so ordered. ‘‘(A) DOMESTIC TRUSTS.—In the case of a sections (o) and (p) as subsections (n) and (o), COMMITTEE ON FINANCE covered gift or bequest made to a domestic respectively. Mr. CASEY. Mr. President, I ask trust— (d) INFORMATION RETURNS.—Section 6039G ‘‘(i) subsection (a) shall apply in the same is amended— unanimous consent that the Com- manner as if such trust were a United States (1) by inserting ‘‘or 877A’’ after ‘‘section mittee on Finance be authorized to citizen, and 877(b)’’ in subsection (a), and meet during the session of the Senate

VerDate Aug 31 2005 04:21 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\CR\FM\A29AP6.071 S29APPT1 CCOLEMAN on PRODPC75 with SENATE April 29, 2008 CONGRESSIONAL RECORD — SENATE S3549 on Tuesday, April 29, 2008, at 10 a.m., in the personnel programs and provisions Health, Education, Labor and Pensions room 215 of the Dirksen Senate Office contained in the National Defense Au- be discharged from further consider- Building, to hear testimony on ‘‘Over- thorization Act for Fiscal year 2009. ation of S. 2902, and the bill be referred sight of Trade Functions: Customs and The PRESIDING OFFICER. Without to the Committee on Small Business. Other Trade Agencies.’’ objection, it is so ordered. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without SUBCOMMITTEE ON READINESS AND objection, it is so ordered. objection, it is so ordered. MANAGEMENT SUPPORT f COMMITTEE ON FOREIGN RELATIONS Mr. CASEY. Mr. President, I ask COMMEMORATING THE LIFE AND Mr. CASEY. Mr. President, I ask unanimous consent that the Sub- WORK OF DITH PRAN unanimous consent that the Com- committee on Readiness and Manage- mittee on Foreign Relations be author- ment Support of the Committee on Mr. MENENDEZ. Mr. President, I ask ized to meet during the session of the Armed Services be authorized to meet unanimous consent that the Senate Senate on Tuesday, April 29, 2008, at during the session of the Senate on proceed to the immediate consider- 2:30 p.m. to hold a nomination hearing. Tuesday, April 29, 2008, at 3 p.m., in ation of Calendar No. 716, S. Res. 515. The PRESIDING OFFICER. Without closed session to mark up the Readi- The PRESIDING OFFICER. The objection, it is so ordered. ness and Management Support Pro- clerk will report the resolution by grams and provisions contained in the title. COMMITTEE ON HEALTH, EDUCATION, LABOR, The legislative clerk read as follows: AND PENSIONS National Defense Authorization Act for fiscal year 2009. A resolution (S. Res. 515) commemorating Mr. CASEY. Mr. President, I ask the life and work of Dith Pran. unanimous consent that the Com- The PRESIDING OFFICER. Without mittee on Health, Education, Labor, objection, it is so ordered. There being no objection, the Senate and Pensions be authorized to meet, proceeded to consider the resolution. SUBCOMMITTEE ON SEA POWER Mr. MENENDEZ. I ask unanimous during the session of the Senate, to Mr. CASEY. Mr. President, I ask consent the resolution be agreed to, conduct a hearing entitled ‘‘When a unanimous consent that the Sub- the preamble be agreed to, the motions Worker is Killed: Do OSHA Penalties committee on Seapower of the Com- to reconsider be laid upon the table Enhance Workplace Safety?’’ on Tues- mittee on Armed Services be author- with no intervening action or debate, day, April 29, 2008. The hearing will ized to meet during the session of the and any statements be printed in the commence at 10 a.m. in room 430 of the Senate on Tuesday, April 29. 2008, at RECORD. Dirksen Senate Office Building. 2:30 p.m., in closed session to mark up The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without the Seapower Programs and Provisions objection, it is so ordered. objection, it is so ordered. contained in the National Defense Au- The resolution (S. Res. 515) was COMMITTEE ON THE JUDICIARY thorization Act for Fiscal Year 2009. agreed to. Mr. CASEY. Mr. President, I ask The PRESIDING OFFICER. Without The preamble was agreed to. unanimous consent that the Senate objection, it is so ordered. The resolution, with its preamble, Committee on the Judiciary be author- SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT reads as follows: ized to meet during the session of the MANAGEMENT, THE FEDERAL WORKFORCE, S. RES. 515 Senate, to conduct a hearing entitled AND THE DISTRICT OF COLUMBIA Whereas, between 1975 and 1979, Dith Pran ‘‘Living on the Street: Finding Solu- Mr. CASEY. Mr. President, I ask dedicated his life and journalistic career to tions to Protect Runaway and Home- unanimous consent that the Com- preventing genocide by exposing the atroc- less Youth’’ on Tuesday, April 29, 2008, mittee on Homeland Security and Gov- ities perpetrated by the Khmer Rouge regime at 10 a.m., in room SD–226 of the Dirk- ernmental Affairs’ Subcommittee on in his native Cambodia; sen Senate Office Building. Oversight of Government Management, Whereas Dith Pran, the subject of the The PRESIDING OFFICER. Without the Federal Workforce, and the Dis- Academy Award-winning film ‘‘The Killing objection, it is so ordered. Fields’’, survived the genocide in Cambodia trict of Columbia be authorized to in which up to 2,000,000 men, women, and SELECT COMMITTEE ON INTELLIGENCE meet during the session of the Senate children, including most of Dith Pran’s ex- Mr. CASEY. Mr. President, I ask on Tuesday, April 29, 2008, at 9:30 a.m. tended family, were killed by the Khmer unanimous consent that the Select to conduct a hearing entitled, ‘‘The Im- Rouge; Committee on Intelligence be author- pact of Implementation: A Review of Whereas Dith Pran assisted many of his ized to meet during the session of the the REAL ID Act and the Western fellow journalists who were covering the im- Senate on April 29, 2008, at 2:30 p.m., to Hemisphere Travel Initiative.’’ pending takeover of Cambodia by the Khmer The PRESIDING OFFICER. Without Rouge to escape unharmed from the country hold a closed mark-up. when the capital of Cambodia, Phnom Penh, The PRESIDING OFFICER. Without objection, it is so ordered. fell to the Khmer Rouge in 1975; objection, it is so ordered. f Whereas Dith Pran was subsequently im- SUBCOMMITTEE ON EMERGING THREATS AND prisoned by the Khmer Rouge, and for 4 CAPABILITIES APPOINTMENT OF CONFEREES— years endured forced labor, beatings, and un- Mr. CASEY. Mr. President, I ask H.R. 4040 conscionable conditions of human suffering; unanimous consent that the Sub- Mr. MENENDEZ. Mr. President, with Whereas, in 1979, Dith Pran escaped from committee on Emerging Threats and respect to H.R. 4040, which passed the forced labor past the Khmer Rouge’s ‘‘killing fields’’, a term Mr. Dith created to describe Capabilities of the Committee on Senate on March 6, 2008, I now ask the mass graveyards he saw on his 40-mile Armed Services be authorized to meet unanimous consent the Senate insist journey to a refugee camp in Thailand; during the session of the Senate on on its amendment, request a con- Whereas Dith Pran, in the words of New Tuesday, April 29, 2008, at 4 p.m., in ference with the House on the dis- York Times Executive Editor Bill Keller, closed session to mark up the emerging agreeing votes of the two Houses, and ‘‘reminds us of a special category of journal- threats and capabilities programs and that the Chair be authorized to appoint istic heroism, the local partner, the stringer, provisions contained in the National conferees. the interpreter, the driver, the fixer, who Defense Authorization Act for fiscal There being no objection, the Pre- knows the ropes, who makes your work pos- sible, who often becomes your friend, who year 2009. siding Officer (Mr. BROWN) appointed may save your life, who shares little of the The PRESIDING OFFICER. Without Mr. INOUYE, Mr. PRYOR, Mrs. BOXER, glory, and who risks so much more than you objection, it is so ordered. Ms. KLOBUCHAR, Mr. STEVENS, Mrs. do’’; SUBCOMMITTEE ON PERSONNEL HUTCHISON, and Mr. SUNUNU conferees Whereas Dith Pran moved to New York in Mr. CASEY. Mr. President, I ask on the part of the Senate. 1980 and devoted the remainder of his life and journalistic career to advocating against unanimous consent that the Sub- f committee on Personnel of the Com- genocide and for human rights worldwide; Whereas Dith Pran educated people around mittee on Armed Services be author- DISCHARGE AND REFERRAL—S. 2902 the world about the horrors of genocide in ized to meet during the Session of the general, and the genocide in Cambodia in Senate on Tuesday, April 29, 2008, at Mr. MENENDEZ. Mr. President, I ask particular, through his creation of the Dith 9:30 a.m., in closed session to mark up unanimous consent the Committee on Pran Holocaust Awareness Project;

VerDate Aug 31 2005 03:30 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\CR\FM\A29AP6.063 S29APPT1 CCOLEMAN on PRODPC75 with SENATE S3550 CONGRESSIONAL RECORD — SENATE April 29, 2008 Whereas, in 1985, Dith Pran was appointed ceived substantially more votes than Presi- (1) to support the people of Zimbabwe, who a United Nations Goodwill Ambassador by dent Mugabe in the presidential election; have been subjected to incredible hardships, the United Nations High Commissioner for Whereas, as of April 24, 2008, the Zimbabwe including violence, political repression, and Refugees; Electoral Commission has still not released severe economic deprivation, in their aspira- Whereas Dith Pran lost his battle with the results of the presidential election, de- tions for a free, democratic, and more pros- cancer on March 30, 2008, leaving behind a spite calls to do so by the African Union perous future; world that better understands the tragedy of (AU), the European Union, the Government (2) to call for an immediate cessation of the genocide in Cambodia and the need to of South Africa, the Southern African Devel- politically motivated violence, detentions, prevent future genocides, largely due to his opment Community (SADC), United Nations and efforts to intimidate the people of compelling story, reporting, and advocacy; Secretary-General Ban Ki Moon, and the Zimbabwe perpetrated by Zimbabwe’s secu- Whereas Dith Pran said, ‘‘Part of my life is United States; rity forces and militias loyal to ZANU–PF; saving life. I don’t consider myself a politi- Whereas, on April 19, 2008, the Zimbabwe (3) that the Zimbabwe Electoral Commis- cian or a hero. I’m a messenger. If Cambodia Electoral Commission officially commenced sion should immediately release the legiti- is to survive, she needs many voices.’’; and recounting ballots cast in 23 parliamentary mate results of the presidential election and Whereas the example of Dith Pran should constituencies, primarily in districts that ratify the previously announced results of endure for generations: Now, therefore, be it did not support candidates affiliated with the parliamentary elections; Resolved, That it is the sense of the Senate ZANU–PF; (4) that President Robert Mugabe should that— Whereas, on April 21, 2008, British Foreign accept the will of the people of Zimbabwe in (1) Dith Pran is a modern day hero and an Secretary David Miliband stated that the on- order to effect a timely and peaceful transi- exemplar of what it means to be a citizen of going recount was potentially a ‘‘charade of tion to genuine democratic rule; the United States and a citizen of the world; democracy’’ that ‘‘only serves to fuel sus- (5) that regional organizations, including (2) the United States owes a debt of grati- picion that President Mugabe is seeking to SADC and the AU, should play a sustained tude to Dith Pran for his tireless work to reverse the results that have been published, and active role in resolving the crisis peace- prevent genocide and violations of funda- to regain a majority in parliament, and to fully and in a manner that respects the will mental human rights; and amplify his own count in the presidential of the people of Zimbabwe; (3) teachers throughout the United States election,’’ and accused him of trying ‘‘to (6) that the United Nations Security Coun- should spread Dith Pran’s message by edu- steal the election’’; cil should be seized of the issue of Zimbabwe, cating their students about his life, the Whereas, the Government of Zimbabwe has support efforts to bring about a peaceful res- genocide in Cambodia, and the collective re- arrested numerous members of the media olution of the crisis that respects the will of sponsibility of all people to prevent modern- and election officials, and over 1,000 the people of Zimbabwe, and impose an day atrocities and human rights abuses. Zimbabweans have reportedly been fleeing international arms embargo on Zimbabwe into South Africa every day, while forces f until a legitimate democratic government loyal to the government have engaged in a has taken power; REGARDING THE POLITICAL brutal and systematic effort to intimidate (7) that the United States Government and SITUATION IN ZIMBABWE voters; the international community should impose Whereas, on April 20, 2008, the MDC re- targeted sanctions against additional indi- Mr. MENENDEZ. Mr. President, I ask leased a detailed report showing that more viduals in the Government of Zimbabwe and unanimous consent that the Foreign than 400 of its supporters had been arrested, state security services and militias in 500 had been attacked, 10 had been killed, Relations Committee be discharged Zimbabwe who are responsible for human and 3,000 families had been displaced, and from further consideration of S. Res. rights abuses and interference in the legiti- Human Rights Watch reported on April 19, 533 and the Senate proceed to its imme- mate conduct of the elections in Zimbabwe; 2008, that ZANU–PF is operating ‘‘torture and diate consideration. camps’’ where opposition supporters are (8) that the United States Government and The PRESIDING OFFICER. Without being beaten; the international community should work objection, it is so ordered. Whereas United States Ambassador to the The clerk will report the resolution United Nations Zalmay Khalilzad stated on together to prepare a comprehensive eco- by title. April 16, 2008, that he was ‘‘gravely con- nomic and political recovery package for The legislative clerk read as follows: cerned about the escalating politically moti- Zimbabwe in the event that a genuinely democratic government is formed and com- A resolution (S. Res. 533) expressing the vated violence perpetrated by security forces and ruling party militias’’; mits to implementing key constitutional, sense of the Senate regarding the political economic, and political reforms. situation in Zimbabwe. Whereas, while there is currently no inter- national embargo on arms transfers to f There being no objection, the Senate Zimbabwe, a Chinese ship carrying weapons ORDERS FOR WEDNESDAY, APRIL proceeded to consider the resolution. destined for Zimbabwe was recently pre- Mr. MENENDEZ. I ask unanimous vented from unloading its cargo in Durban, 30, 2008 consent that the resolution be agreed South Africa, and has been denied access to Mr. MENENDEZ. I ask unanimous to, the preamble be agreed to, the mo- other ports in the region due to concerns consent that when the Senate com- tions to reconsider be laid upon the that the weapons could further destabilize pletes its business today, it stand ad- table, with no intervening action or de- the situation in Zimbabwe; journed until 9:30 a.m. tomorrow, Whereas Secretary of State Condoleezza bate, and any statements related to the Wednesday, April 30; that following the Rice stated on April 17, 2008, that President prayer and pledge, the Journal of pro- resolution be printed in the RECORD. Mugabe has ‘‘done more harm to his country The PRESIDING OFFICER. Without than would have been imaginable. . .the last ceedings be approved to date, the objection, it is so ordered. years have been really an abomination. . .,’’ morning hour be deemed expired, the The resolution (S. Res. 533) was and called for the AU and SADC to play a time for the two leaders be reserved for agreed to. greater role in resolving the crisis; use later in the day, and the Senate The preamble was agreed to. Whereas, the Department of State’s 2007 then resume consideration of H.R. 2881, The resolution, with its preamble, Country Report on Human Rights Practices the FAA reauthorization bill, with reads as follows: stated that, in Zimbabwe, ‘‘the ruling par- Senator DURBIN recognized to offer an ty’s dominant control and manipulation of S. RES. 533 amendment; that at 10:40 a.m., the Sen- the political process through intimidation ate recess until 12 noon for the joint Whereas, on March 29, 2008, parliamentary and corruption effectively negated the right and presidential elections were held in of citizens to change their government. Un- meeting of Congress. Zimbabwe amid widespread reports of voting lawful killings and politically motivated ab- The PRESIDING OFFICER. Without irregularities in favor of the ruling ductions occurred. State sanctioned use of objection, it is so ordered. Zimbabwe African National Union-Patriotic excessive force increased, and security forces f Front (ZANU–PF) party and President Rob- tortured members of the opposition, student ert Mugabe, including, according to the De- leaders, and civil society activists’’; and PROGRAM partment of State, ‘‘production of far more Whereas annual inflation in Zimbabwe is Mr. MENENDEZ. Mr. President, as a ballots than there were registered vot- reportedly running over 150,000 percent, un- reminder, at 11 a.m. tomorrow, there ers. . .[and] the allowance of police in polling employment stands at over 80 percent, hun- will be a joint meeting of Congress places’’; ger affects over 4,000,000 people, and an esti- with the Prime Minister of Ireland, Whereas official results showed that the mated 3,500 people die each week from hun- opposition Movement for Democratic Change Bertie Ahern. Senators attending the ger, disease, and other causes related to ex- meeting should gather in the Senate (MDC) won a majority of seats in the par- tremely poor living conditions: Now, there- liamentary elections, and independent mon- fore, be it Chamber at 10:30 a.m. and proceed as a itors concluded based on initially posted re- Resolved, That it is the sense of the Sen- body to the Hall of the House at 10:40 sults that MDC leader Morgan Tsvangirai re- ate— a.m.

VerDate Aug 31 2005 03:30 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 E:\CR\FM\A29AP6.027 S29APPT1 CCOLEMAN on PRODPC75 with SENATE April 29, 2008 CONGRESSIONAL RECORD — SENATE S3551 ADJOURNMENT UNTIL 9:30 A.M. JOXEL GARCIA, OF CONNECTICUT, TO BE REPRESENTA- BRIGADIER GENERAL BRADLEY A. HEITHOLD TIVE OF THE UNITED STATES ON THE EXECUTIVE BOARD BRIGADIER GENERAL RALPH J. JODICE II TOMORROW OF THE WORLD HEALTH ORGANIZATION. BRIGADIER GENERAL DUANE A. JONES BRIGADIER GENERAL FRANK J. KISNER Mr. MENENDEZ. If there is no fur- INTERNATIONAL JOINT COMMISSION, UNITED BRIGADIER GENERAL JAY H. LINDELL ther business to come before the Sen- STATES AND CANADA BRIGADIER GENERAL DARREN W. MCDEW BRIGADIER GENERAL CHRISTOPHER D. MILLER ate, I ask unanimous consent that it SAMUEL W. SPECK, OF OHIO, TO BE A COMMISSIONER BRIGADIER GENERAL HAROLD W. MOULTON II stand adjourned under the previous ON THE PART OF THE UNITED STATES ON THE INTER- BRIGADIER GENERAL STEPHEN P. MUELLER NATIONAL JOINT COMMISSION, UNITED STATES AND BRIGADIER GENERAL ELLEN M. PAWLIKOWSKI order. CANADA. BRIGADIER GENERAL PAUL G. SCHAFER There being no objection, the Senate, DEPARTMENT OF STATE BRIGADIER GENERAL STEPHEN D. SCHMIDT BRIGADIER GENERAL MICHAEL A. SNODGRASS at 7:36 p.m., adjourned until Wednes- SCOT A. MARCIEL, OF CALIFORNIA, FOR THE RANK OF BRIGADIER GENERAL MARK S. SOLO day, April 30, 2008, at 9:30 a.m. AMBASSADOR DURING HIS TENURE OF SERVICE AS DEP- UTY ASSISTANT SECRETARY OF STATE FOR EAST ASIAN THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- f AND ASSOCIATION OF SOUTHEAST ASIAN NATIONS (ASEAN) AFFAIRS. CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE YOUSIF BOUTROUS GHAFARI, OF MICHIGAN, TO BE AM- AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION NOMINATIONS BASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF 601: THE UNITED STATES OF AMERICA TO THE REPUBLIC OF To be lieutenant general Executive nominations received by SLOVENIA. the Senate: KURT DOUGLAS VOLKER, OF PENNSYLVANIA, A CA- MAJ. GEN. DANA T. ATKINS REER FOREIGN SERVICE OFFICER OF CLASS ONE, TO BE IN THE ARMY DEPARTMENT OF STATE UNITED STATES PERMANENT REPRESENTATIVE ON THE COUNCIL OF THE NORTH ATLANTIC TREATY ORGANIZA- ERIC J. BOSWELL, OF THE DISTRICT OF COLUMBIA, TO THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TION, WITH THE RANK AND STATUS OF AMBASSADOR EX- BE AN ASSISTANT SECRETARY OF STATE (DIPLOMATIC IN THE UNITED STATES ARMY TO THE GRADE INDICATED TRAORDINARY AND PLENIPOTENTIARY. SECURITY), VICE RICHARD J. GRIFFIN, RESIGNED. UNDER TITLE 10, U.S.C., SECTION 624: ROBERT J. CALLAHAN, OF VIRGINIA, A CAREER MEM- ERIC J. BOSWELL, OF THE DISTRICT OF COLUMBIA, TO BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- To be major general BE DIRECTOR OF THE OFFICE OF FOREIGN MISSIONS, ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- AND TO HAVE THE RANK OF AMBASSADOR DURING HIS BRIG. GEN. SCOTT G. WEST DINARY AND PLENIPOTENTIARY OF THE UNITED STATES TENURE OF SERVICE, VICE RICHARD J. GRIFFIN, RE- OF AMERICA TO THE REPUBLIC OF NICARAGUA. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT SIGNED. HEATHER M. HODGES, OF OHIO, A CAREER MEMBER OF IN THE UNITED STATES ARMY TO THE GRADE INDICATED PATRICIA MCMAHON HAWKINS, OF VIRGINIA, A CAREER THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TO THE REPUBLIC OF ECUADOR. To be general TO THE TOGOLESE REPUBLIC. BARBARA J. STEPHENSON, OF FLORIDA, A CAREER LT. GEN. WALTER L. SHARP THE JUDICIARY MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT PAUL G. GARDEPHE, OF NEW YORK, TO BE UNITED DINARY AND PLENIPOTENTIARY OF THE UNITED STATES IN THE UNITED STATES ARMY TO THE GRADE INDICATED STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT OF AMERICA TO THE REPUBLIC OF PANAMA. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND OF NEW YORK, VICE CHARLES L. BRIEANT, JR., RETIRED. WILLIAM EDWARD TODD, OF VIRGINIA, A CAREER MEM- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: CLARK WADDOUPS, OF UTAH, TO BE UNITED STATES BER OF THE SENIOR EXECUTIVE SERVICE, TO BE AMBAS- DISTRICT JUDGE FOR THE DISTRICT OF UTAH, VICE SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF To be lieutenant general PAUL G. CASSELL, RESIGNED. THE UNITED STATES OF AMERICA TO BRUNEI LT. GEN. ANN E. DUNWOODY DARUSSALAM. IN THE AIR FORCE HUGO LLORENS, OF FLORIDA, A CAREER MEMBER OF THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- IN THE UNITED STATES ARMY TO THE GRADE INDICATED IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND CATED UNDER TITLE 10, U.S.C., SECTION 624: PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: TO THE REPUBLIC OF HONDURAS. To be brigadier general NANCY E. MCELDOWNEY, OF FLORIDA, A CAREER MEM- To be general BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- COL. MARTIN NEUBAUER GEN. DAVID D. MCKIERNAN ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- IN THE ARMY DINARY AND PLENIPOTENTIARY OF THE UNITED STATES THE FOLLOWING NAMED OFFICER FOR APPOINTMENT OF AMERICA TO THE REPUBLIC OF BULGARIA. IN THE UNITED STATES ARMY TO THE GRADE INDICATED THE FOLLOWING ARMY NATIONAL GUARD OF THE STEPHEN GEORGE MCFARLAND, OF TEXAS, A CAREER UNDER TITLE 10, U.S.C., SECTION 624: UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF To be major general SERVE OF THE ARMY TO THE GRADE INDICATED UNDER MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- TITLE 10, U.S.C., SECTION 12203: DINARY AND PLENIPOTENTIARY OF THE UNITED STATES BRIG. GEN. ROBERT L. CASLEN, JR. OF AMERICA TO THE REPUBLIC OF GUATEMALA. To be brigadier general PETER E. CIANCHETTE, OF MAINE, TO BE AMBASSADOR THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES ARMY TO THE GRADE INDICATED COL. KENNY C. MONTOYA EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TO THE REPUBLIC OF WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND THE FOLLOWING ARMY NATIONAL GUARD OF THE COSTA RICA. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: UNITED STATES OFFICERS FOR APPOINTMENT IN THE FRANK CHARLES URBANCIC, JR., OF INDIANA, A CA- RESERVE OF THE ARMY TO THE GRADES INDICATED To be lieutenant general REER MEMBER OF THE SENIOR FOREIGN SERVICE, UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: CLASS OF MINISTER-COUNSELOR, TO BE AMBASSADOR MAJ. GEN. MITCHELL H. STEVENSON To be major general EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TO THE REPUBLIC OF CY- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BRIGADIER GENERAL STEPHEN E. BOGLE PRUS. IN THE UNITED STATES ARMY TO THE GRADE INDICATED BRIGADIER GENERAL JAMES G. CHAMPION BARBARA MCCONNELL BARRETT, OF ARIZONA, TO BE WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND BRIGADIER GENERAL JOSEPH J. CHAVES AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: BRIGADIER GENERAL MYLES L. DEERING OF THE UNITED STATES OF AMERICA TO THE REPUBLIC To be lieutenant general BRIGADIER GENERAL THOMAS C. LAWING OF FINLAND. BRIGADIER GENERAL MARK E. ZIRKELBACH MAJ. GEN. FRANK G. HELMICK DEPARTMENT OF HEALTH AND HUMAN SERVICES To be brigadier general IN THE MARINE CORPS ROBERT G. MCSWAIN, OF MARYLAND, TO BE DIRECTOR COLONEL ROMA J. AMUNDSON OF THE INDIAN HEALTH SERVICE, DEPARTMENT OF THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT COLONEL MARK E. ANDERSON HEALTH AND HUMAN SERVICES, FOR THE TERM OF FOUR IN THE UNITED STATES MARINE CORPS TO THE GRADE COLONEL ERNEST C. AUDINO YEARS. INDICATED UNDER TITLE 10, U.S.C., SECTION 624: COLONEL DAVID A. CARRION-BARALT THE ABOVE NOMINATIONS WERE APPROVED SUBJECT COLONEL JEFFREY E. BERTRANG TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- To be major general COLONEL TIMOTHY B. BRITT QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY BRIGADIER GENERAL RANDOLPH D. ALLES COLONEL LAWRENCE W. BROCK III CONSTITUTED COMMITTEE OF THE SENATE. BRIGADIER GENERAL JOSEPH F. DUNFORD, JR. COLONEL MELVIN L. BURCH DEPARTMENT OF JUSTICE BRIGADIER GENERAL ANTHONY L. JACKSON COLONEL SCOTT E. CHAMBERS BRIGADIER GENERAL PAUL E. LEFEBVRE COLONEL DONALD J. CURRIER REBECCA A. GREGORY, OF TEXAS, TO BE UNITED BRIGADIER GENERAL RICHARD P. MILLS COLONEL CECILIA I. FLORES STATES ATTORNEY FOR THE EASTERN DISTRICT OF BRIGADIER GENERAL ROBERT E. MILSTEAD, JR. COLONEL SHERYL E. GORDON TEXAS FOR THE TERM OF FOUR YEARS. BRIGADIER GENERAL MARTIN POST COLONEL PETER C. HINZ BRIGADIER GENERAL MICHAEL R. REGNER COLONEL ROBERT A. MASON IN THE AIR FORCE COLONEL BRUCE E. OLIVEIRA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COLONEL DAVID C. PETERSEN THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES MARINE CORPS RESERVE TO THE COLONEL CHARLES W. RHOADS IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: CATED UNDER TITLE 10, U.S.C., SECTION 624: COLONEL RUFUS J. SMITH To be major general COLONEL JAMES B. TODD To be brigadier general COLONEL JOE M. WELLS BRIG. GEN. DARRELL L. MOORE COL. BRUCE A. LITCHFIELD f THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE OF LIEUTENANT GENERAL IN THE CONFIRMATIONS IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- UNITED STATES MARINE CORPS WHILE ASSIGNED TO A CATED UNDER TITLE 10, U.S.C., SECTION 624: POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER Executive nominations confirmed by To be major general TITLE 10, U.S.C., SECTION 601: To be lieutenant general the Senate Tuesday, April 29, 2008: BRIGADIER GENERAL C. D. ALSTON DEPARTMENT OF STATE BRIGADIER GENERAL BROOKS L. BASH LT. GEN. KEITH J. STALDER BRIGADIER GENERAL MICHAEL J. BASLA PATRICIA M. HASLACH, OF OREGON, A CAREER MEM- BRIGADIER GENERAL PAUL F. CAPASSO THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- BRIGADIER GENERAL FLOYD L. CARPENTER IN THE UNITED STATES MARINE CORPS RESERVE TO THE ISTER-COUNSELOR, FOR THE RANK OF AMBASSADOR BRIGADIER GENERAL DAVID J. EICHHORN GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: DURING HER TENURE OF SERVICE AS UNITED STATES BRIGADIER GENERAL GREGORY A. FEEST To be brigadier general SENIOR COORDINATOR FOR THE ASIA-PACIFIC ECONOMIC BRIGADIER GENERAL BURTON M. FIELD COOPERATION (APEC) FORUM. BRIGADIER GENERAL RANDAL D. FULLHART COL. JAMES M. LARIVIERE

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COL. KENNETH J. LEE CAPTAIN TROY M. SHOEMAKER AND APPEARED IN THE CONGRESSIONAL RECORD ON CAPTAIN DIXON R. SMITH MARCH 11, 2008. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CAPTAIN ROBERT L. THOMAS, JR. ARMY NOMINATION OF BARRY L. SHOOP, TO BE COLO- IN THE GRADE OF LIEUTENANT GENERAL IN THE UNITED CAPTAIN DOUGLAS J. VENLET NEL. STATES MARINE CORPS WHILE ASSIGNED TO A POSITION ARMY NOMINATION OF BRIAN J. CHAPURAN, TO BE OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MAJOR. IN THE UNITED STATES NAVY TO THE GRADE INDICATED U.S.C., SECTION 601: ARMY NOMINATION OF GREGORY T. REPPAS, TO BE UNDER TITLE 10, U.S.C., SECTIONS 5133 AND 5138: To be lieutenant general MAJOR. To be rear admiral ARMY NOMINATION OF VANESSA M. MEYER, TO BE BRIG. GEN. JOSEPH F. DUNFORD, JR. MAJOR. REAR ADM. (LH) CAROL I. TURNER ARMY NOMINATIONS BEGINNING WITH THOMAS E. DUR- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT HAM AND ENDING WITH DANIEL P. MASSEY, WHICH TO THE GRADE OF LIEUTENANT GENERAL IN THE IN THE AIR FORCE NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- UNITED STATES MARINE CORPS WHILE ASSIGNED TO A AIR FORCE NOMINATIONS BEGINNING WITH DAVID M. PEARED IN THE CONGRESSIONAL RECORD ON MARCH 31, POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER ABEL AND ENDING WITH MICHAEL M. ZWALVE, WHICH 2008. TITLE 10, U.S.C., SECTION 601: NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- ARMY NOMINATIONS BEGINNING WITH CHARLES L. To be lieutenant general PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY GARBARINO AND ENDING WITH JUAN GARRASTEGUI, 26, 2008. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE MAJ. GEN. JOHN M. PAXTON, JR. AIR FORCE NOMINATIONS BEGINNING WITH SUSAN S. AND APPEARED IN THE CONGRESSIONAL RECORD ON BAKER AND ENDING WITH JON C. WELCH, WHICH NOMINA- MARCH 31, 2008. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TIONS WERE RECEIVED BY THE SENATE AND APPEARED ARMY NOMINATIONS BEGINNING WITH MILTON M. ONG TO THE GRADE OF LIEUTENANT GENERAL IN THE IN THE CONGRESSIONAL RECORD ON MARCH 11, 2008. AND ENDING WITH MATTHEW S. MOWER, WHICH NOMINA- UNITED STATES MARINE CORPS WHILE ASSIGNED TO A AIR FORCE NOMINATIONS BEGINNING WITH DAVID A. TIONS WERE RECEIVED BY THE SENATE AND APPEARED POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER BARGATZE AND ENDING WITH AARON E. WOODWARD, IN THE CONGRESSIONAL RECORD ON MARCH 31, 2008. TITLE 10, U.S.C., SECTION 601: WHICH NOMINATIONS WERE RECEIVED BY THE SENATE ARMY NOMINATION OF CRAIG A. MYATT, TO BE LIEU- To be lieutenant general AND APPEARED IN THE CONGRESSIONAL RECORD ON TENANT COLONEL. MARCH 11, 2008. ARMY NOMINATION OF JOHN C. KOLB, TO BE COLONEL. MAJ. GEN. DENNIS J. HEJLIK AIR FORCE NOMINATIONS BEGINNING WITH MARK E. ARMY NOMINATION OF KENNETH D. SMITH, TO BE ALLEN AND ENDING WITH CHARLES E. WIEDIE, JR., THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MAJOR. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE ARMY NOMINATION OF JOHN M. HOPPMANN, TO BE TO THE GRADE OF LIEUTENANT GENERAL IN THE AND APPEARED IN THE CONGRESSIONAL RECORD ON UNITED STATES MARINE CORPS WHILE ASSIGNED TO A LIEUTENANT COLONEL. MARCH 11, 2008. ARMY NOMINATIONS BEGINNING WITH AMY M. BAJUS POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER AIR FORCE NOMINATIONS BEGINNING WITH KERRY M. TITLE 10, U.S.C., SECTION 601: AND ENDING WITH ROBERT P. VASQUEZ, WHICH NOMINA- ABBOTT AND ENDING WITH WILLIAM F. ZIEGLER III, TIONS WERE RECEIVED BY THE SENATE AND APPEARED To be lieutenant general WHICH NOMINATIONS WERE RECEIVED BY THE SENATE IN THE CONGRESSIONAL RECORD ON APRIL 15, 2008. AND APPEARED IN THE CONGRESSIONAL RECORD ON LT. GEN. RICHARD F. NATONSKI MARCH 11, 2008. IN THE COAST GUARD AIR FORCE NOMINATIONS BEGINNING WITH RICHARD T. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BROYER AND ENDING WITH BRIAN K. WYRICK, WHICH COAST GUARD NOMINATION OF TREVOR M. HARE, TO TO THE GRADE OF LIEUTENANT GENERAL IN THE NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- BE LIEUTENANT. UNITED STATES MARINE CORPS WHILE ASSIGNED TO A PEARED IN THE CONGRESSIONAL RECORD ON MARCH 11, COAST GUARD NOMINATION OF SUSAN M. MAITRE, TO POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER 2008. BE LIEUTENANT COMMANDER. TITLE 10, U.S.C., SECTION 601: AIR FORCE NOMINATIONS BEGINNING WITH JOHN T. To be lieutenant general AALBORG, JR. AND ENDING WITH MICHAEL A. ZROSTLIK, FOREIGN SERVICE WHICH NOMINATIONS WERE RECEIVED BY THE SENATE MAJ. GEN. DUANE D. THIESSEN AND APPEARED IN THE CONGRESSIONAL RECORD ON FOREIGN SERVICE NOMINATIONS BEGINNING WITH AN- DREW TOWNSEND WIENER AND ENDING WITH TROY A. IN THE NAVY MARCH 11, 2008. AIR FORCE NOMINATIONS BEGINNING WITH DAVID L. LINDQUIST, WHICH NOMINATIONS WERE RECEIVED BY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BABCOCK AND ENDING WITH WAYNE A. ZIMMET, WHICH THE SENATE AND APPEARED IN THE CONGRESSIONAL IN THE UNITED STATES NAVY TO THE GRADE INDICATED NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- RECORD ON MARCH 5, 2008. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND PEARED IN THE CONGRESSIONAL RECORD ON MARCH 31, RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: 2008. IN THE MARINE CORPS AIR FORCE NOMINATION OF HOWARD P. BLOUNT III, TO MARINE CORPS NOMINATIONS BEGINNING WITH DAVID To be vice admiral BE LIEUTENANT COLONEL. G. MCCULLOH AND ENDING WITH PAUL W. VOSS, WHICH AIR FORCE NOMINATION OF ERRILL C. AVECILLA, TO REAR ADM. JOHN M. BIRD NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- BE MAJOR. PEARED IN THE CONGRESSIONAL RECORD ON APRIL 15, THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AIR FORCE NOMINATION OF MARK Y. LIU, TO BE 2008. IN THE UNITED STATES NAVY TO THE GRADE INDICATED MAJOR. AIR FORCE NOMINATIONS BEGINNING WITH BRYCE G. UNDER TITLE 10, U.S.C., SECTION 624: IN THE NAVY To be rear admiral WHISLER AND ENDING WITH TIMOTHY M. FRENCH, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE NAVY NOMINATION OF THOMAS M. CASHMAN, TO BE REAR ADM. (LH) VICTOR C. SEE, JR. AND APPEARED IN THE CONGRESSIONAL RECORD ON CAPTAIN. APRIL 7, 2008. NAVY NOMINATION OF KELLY R. MIDDLETON, TO BE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT AIR FORCE NOMINATIONS BEGINNING WITH PHIET T. LIEUTENANT COMMANDER. IN THE UNITED STATES NAVY TO THE GRADE INDICATED BUI AND ENDING WITH MICHAEL J. MORRIS, WHICH NOMI- NAVY NOMINATION OF THERESA A. FRASER, TO BE UNDER TITLE 10, U.S.C., SECTION 624: NATIONS WERE RECEIVED BY THE SENATE AND AP- LIEUTENANT COMMANDER. To be rear admiral (lower half) PEARED IN THE CONGRESSIONAL RECORD ON APRIL 7, NAVY NOMINATIONS BEGINNING WITH LEE R. RAS AND 2008. ENDING WITH ELIZABETH M. SOLZE, WHICH NOMINA- CAPTAIN DOUGLASS T. BIESEL IN THE ARMY TIONS WERE RECEIVED BY THE SENATE AND APPEARED CAPTAIN BARRY L. BRUNER IN THE CONGRESSIONAL RECORD ON MARCH 11, 2008. CAPTAIN JERRY K. BURROUGHS ARMY NOMINATIONS BEGINNING WITH MARIO AGUIRRE NAVY NOMINATION OF AARON J. BEATTIE IV, TO BE CAPTAIN JAMES D. CLOYD III AND ENDING WITH SCOTT B. ZIMA, WHICH NOMINA- LIEUTENANT COMMANDER. CAPTAIN THOMAS A. CROPPER TIONS WERE RECEIVED BY THE SENATE AND APPEARED NAVY NOMINATIONS BEGINNING WITH KRISTIAN E. CAPTAIN DENNIS E. FITZPATRICK IN THE CONGRESSIONAL RECORD ON MARCH 11, 2008. LEWIS AND ENDING WITH LUTHER P. MARTIN, WHICH CAPTAIN MICHAEL T. FRANKEN ARMY NOMINATIONS BEGINNING WITH BARRY L. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- CAPTAIN BRADLEY R. GEHRKE ADAMS AND ENDING WITH TIMOTHY M. ZEGERS, WHICH PEARED IN THE CONGRESSIONAL RECORD ON MARCH 31, CAPTAIN ROBERT P. GIRRIER NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- 2008. CAPTAIN PAUL A. GROSKLAGS PEARED IN THE CONGRESSIONAL RECORD ON MARCH 11, NAVY NOMINATIONS BEGINNING WITH SAMUEL G. CAPTAIN SINCLAIR M. HARRIS 2008. ESPIRITU AND ENDING WITH PAUL G. SCANLAN, WHICH CAPTAIN MARGARET D. KLEIN ARMY NOMINATIONS BEGINNING WITH KEVIN S. AN- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- CAPTAIN PATRICK J. LORGE DERSON AND ENDING WITH RUFUS WOODS III, WHICH PEARED IN THE CONGRESSIONAL RECORD ON APRIL 15, CAPTAIN BRIAN L. LOSEY NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- 2008. CAPTAIN MICHAEL E. MCLAUGHLIN PEARED IN THE CONGRESSIONAL RECORD ON MARCH 11, NAVY NOMINATIONS BEGINNING WITH TERRY L. CAPTAIN WILLIAM F. MORAN 2008. BUCKMAN AND ENDING WITH THOMAS M. WILLIAMS, CAPTAIN SAMUEL PEREZ, JR. ARMY NOMINATIONS BEGINNING WITH ROBERT B. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE CAPTAIN JAMES J. SHANNON ALLMAN III AND ENDING WITH RICHARD F. WINCHESTER, AND APPEARED IN THE CONGRESSIONAL RECORD ON CAPTAIN CLIFFORD S. SHARPE WHICH NOMINATIONS WERE RECEIVED BY THE SENATE APRIL 15, 2008.

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